Loading...
Agenda 10-15-24The City of Boynton Beach City Commission Agenda Tuesday, October 15, 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.Announcement of Fall Festival 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). 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 Pastor Jeff Kelly, First Baptist Boynton. 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. The City's annual Fall Festival on Saturday, October 19, from 3:00 P.M. to 6:00 P.M. at Centennial Park located at 120 E. Ocean Avenue in Downtown Boynton Beach. This year's event includes a kid zone, pumpkin giveaways, food trucks, music, 3 B.Announcement of the 2024 Boynton Beach Pirate Fest 4.Public Audience 5.Administrative A.Advisory Board Appointments. B.Community Support Funds. 6.Consent Agenda A.Proposed Resolution No. R24-238- Accept the Grant award for the Resilient Florida Program Implementation Grant for $536,952 with the Florida Department of Environmental Protection for the City of Boynton Beach Park Shoreline Resilience Project, approve Grant Agreement No. 25SRP19, and authorizing the Mayor to execute any documents necessary to implement this Resolution, subject to the approval of the City Attorney's Office. petting zoo and more. Community Greening will be onsite hosting a free tree giveaway for attendees while supplies last. Plus, enjoy the Hispanic Heritage Art Exhibition, and free dance classes including SAMBA at the Arts & Cultural Center. For more information, log on to the Recreation and Parks Department's website at WeMakeLifeFun.com Bigger than ever, this free, family-friendly event will feature multiple entertainment stages, live cannon performances, a mermaid grotto, an enchanted market, treasure hunts, a wide array of food, and more. The event will kick off with a cannon firing promptly at 12 p.m. on Saturday (10/26) and Sunday (10/27). Attendees will enjoy non-stop entertainment on five stages. The famous Mermaid Jules and her friends will provide makeovers at the Mermaid Grotto. Tiny pirates can dig for treasures in the Lil Scallywag Zone and enjoy bounce houses, face painting and more. The Field of Danger will feature jaw-dropping stunts and death-defying feats. Immerse yourself in an adventure at the Pirate Encampment, which will include axe throwing, sword fighting, and a haunted trail after dark on Saturday night. The Enchanted Market will showcase treasures from local vendors, and you can feast like a pirate with various food and beverage vendors. View the full event schedule, shuttle locations, details, and updates at BBPirateFest.com. 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). City Commission to reappoint and appoint eligible members of the community to serve in vacant positions on City Advisory Boards. Approve Community Support Fund request from Commissioner Turkin . 4 B.Proposed Resolution No. R24-239- Approve the auction of the vehicles/equipment submitted by the Fleet Maintenance Division for disposal by using the online auctioneer JJ Kane Auctioneers. C.Proposed Resolution No. R24-241- Authorizing the Mayor to sign the Florida Department of Environmental Protection (FDEP) consent order for resolution of enforcement action, OGC No. 23-1330. D.Proposed Resolution No. R24-242- Approving and authorizing the assessment and recording of nuisance abatement liens against properties in the public records of Palm Beach County. E.Proposed Resolution No. R24-243- Approve the award of City of Boynton Beach Main Roadway Sidewalk Pressure Cleaning Project to ET Pressure Cleaning by waiving the procurement policy to promote local businesses in the amount of $70,224 plus a 10% contingency amount of $7,022.40 for a total estimated amount of $77,246.40. F.Proposed Resolution No. R24-244- Approving and authorizing the Mayor to sign a land use agreement between the City of Boynton Beach and 209 E. Ocean Investors, LLC, for the 2024 Pirate Fest event on Saturday, October 26, 2024 and Sunday, October 27, 2024. G.Proposed Resolution No. R24-245- Approving and authorizing the Mayor to sign a land use agreement between the City of Boynton Beach and BB North, LLC, for the 2024 Pirate Fest event on Saturday, October 26, 2024, and Sunday, October 27, 2024. H.Proposed Resolution No. R24-246- Approving and authorizing the Mayor to sign a land use agreement between the City of Boynton Beach and BB1 Development, LLC for the 2024 Pirate Fest event on Saturday, October 26, 2024 and Sunday, October 27, 2024. I.Proposed Resolution No. R24-247- Approve the Palm Beach County consent form for the rezoning of Cypress Creek PUD (Planned Unit Development). J.Proposed Resolution No. R24-248- Approve the Release of Claim and Indemnification Agreement for $85,000 in connection with claim no. FMIT VA2023111341/ Tristar claim no. 21855649 for a Motor Vehicle Accident that occurred on or about May 23, 2021. Staff recommends approval of Proposed Resolution No. R24-238. Staff recommends approval of Proposed Resolution No. R24-239. Staff recommends approval of Proposed Resolution No. R24-241. Staff recommends approval of Proposed Resolution No. R24-242. Staff recommends approval of Proposed Resolution No. R24-243. Staff recommends approval of Proposed Resolution No. R24-244. Staff recommends approval of Proposed Resolution No. R24-245. Staff recommends approval of Proposed Resolution No. R24-246. Staff recommends approval of Proposed Resolution No. R24-247. Staff recommends approval of Proposed Resolution No. R24-248. 5 K.Proposed Resolution No. R24-249- Approving the purchase of first responder high- performance resuscitation workforce training, Neuroprotective CPR training, from Med Alliance Group, Inc., a sole source, in an amount not to exceed $54,600. L.Proposed Resolution No. R24-250- Approving a Memorandum of Understanding between SCORE of Palm Beach County and the City of Boynton Beach. M.Proposed Resolution No. R24-251- Approve the adoption of amended "Exhibit A" to the Interlocal Agreement between the City of Boynton Beach and the Boynton Beach CRA for funding construction and professional services. N.Proposed Resolution No. R24-252- Approve a drainage Easement Agreement for 735 Shore Drive, Boynton Beach, Florida, with Rick A. Sheffield, for the construction of a 10-foot Utility Easement for a new 24-inch outfall as part of the Coquina Cove neighborhood improvement project. Proposed Resolution No. R24-253- Approve a drainage Easement Agreement for 801 Shore Drive, Boynton Beach, Florida, with Jared Collin and Taylor Collin, for the construction of a 10-foot Utility Easement for a new 24-inch outfall as part of the Coquina Cove neighborhood improvement project O.Proposed Resolution No. R24-254- Approve the purchase AWC A-102-Plus Antiscalant for the West Water Treatment Plant in the amount of $67,100 from American Water Chemicals, Inc. as the sole source supplier. P.Proposed Resolution No. R24-255- Accepting the Grant award for the General Program Support Grant for $36,878.11 with the Knight Foundation, and execute all future documents associated with the grant, subject to the approval of the City Attorney. Q.Proposed Resolution No. R24-256- Approve the subordination of Utility easement interests for parcel 800.7 for the Florida Department of Transportation (FDOT), Woolbright Rd. and I-95 Interchange improvements project. R.Commission Meeting Minutes. 7.Consent Bids and Purchases over $100,000 A.Proposed Resolution No. R24-257- Approve a Piggyback Agreement with Pantropic Power, Inc., for Equipment Rental with Related Services to maintain an emergency backup generator for the East Water Treatment Plant in an amount not to exceed $136,871.60. Utilizing the Sourcewell NJPA Contract # 062320-CAT. Staff recommends approval of Proposed Resolution No. R24-249. Staff recommends approval of Proposed Resolution No. R24-250. Staff recommends approval of Proposed Resolution No. R24-251. Staff recommends approval of Proposed Resolution No. R24-252 and Proposed Resolution No. R24-253. Staff recommends approval of Proposed Resolution No. R24-254. Staff recommends approval of Proposed Resolution No. R24-255. Staff recommends approval of Proposed Resolution No. R24-256. Approve minutes from the September 23, 2024, City Commission Meetings. Staff recommends approval of Proposed Resolution No. R24-257. 6 B.Proposed Resolution No. R24-258- Approve a piggyback agreement with Herc Rentals, Inc., for the rental of portable generators, light towers, and various related rental equipment for the Special Events Division, in an amount not to exceed $150,000, utilizing State of Florida Contract #518-410-19-ACS. C.Proposed Resolution No. R24-259- Award Bid #UTL24-041 for "Diesel/Propane Generator and Bypass Pump Maintenance and Repair Service" to Zabatt Engine Services, Inc. The expected annual expenditure amount for Public Works Department is $30,000 and for the Utilities Department is $130,000 for a total estimated expenditure of $190,000. D.Proposed Resolution No. R24-260- Approve the purchase of AWC A-782 Polyphosphate Corrosion-Inhibitor for Water Treatment Plants in the amount of $107,136 from American Water Chemicals, Inc. as the sole source supplier. E.Proposed Resolution No. R24-261- Approve a piggyback agreement with BFAV, LLC, d/b/a All on Stage Productions, for the rental of sound, stage, and lighting services, in an amount not to exceed $150,000 per year, utilizing City of Delray Beach RFP 2024-021. F.Proposed Resolution No. R24-262- Approve a piggyback agreement and expenditure with Extreme Networks, Inc., for the purchase of network equipment, network switch maintenance, and licensing in an amount not to exceed $200,000 a year, utilizing the State of Florida Alternate Contract Source Number 43220000- NASPO-19-ACS. 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. 24-017- Second Reading- An Ordinance of the City Commission of 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. B.Proposed Ordinance No. 24-020- Second Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, amending Article II of Chapter 18 Staff recommends approval of Proposed Resolution No. R24-258. Staff recommends approval of Proposed Resolution No. R24-259. Staff recommends approval of Proposed Resolution No. R24-260. Staff recommends approval of Proposed Resolution No. R24-261. Staff recommends approval of Proposed Resolution No. R24-262. Staff recommends approval of Proposed Ordinance No. 24-017, on second reading. 7 of the Boynton Beach Code of Ordinances entitled Employees' Pension Plan amending Section 18-145 City of Boynton Beach Investment Policy for General Employees' Pension Fund; providing for codification; providing for severability of provisions; repealing all ordinances in conflict herewith and providing for an effective date. C.Proposed Ordinance No. 24-021- Second Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, amending Part III, Chapter 4, "Site Development Standards," Article X, "Flood Prevention Requirements," Section 1.C "Administration," Section 1.D, "Applicability," and Section 5.E "Building and Structures"; providing for codification, severability, conflicts, and providing for an effective date. 9.City Manager’s Report 10.Regular Agenda A.Proposed Ordinance No. 24-022- First Reading, An Ordinance of the City of Boynton Beach, Florida, Amending the Boynton Beach Administrative Amendments to the 8th Edition (2023) of the Florida Building Code. B.Proposed Resolution No. R24-263- Award and approve a Piggyback Agreement with American Traffic Solutions, Inc., DBA Verra Mobility, utilizing the City of Tampa contract RFP #611122923, for services related to Speed Detection Camera Systems for School Zones subject to the final approval of the piggyback agreement from the City Attorney's Office. 11.Future Agenda Items A.Update on future upgrade plan for water treatment plants to meet future drinking water regulations.- November 4, 2024 B.Discussion regarding Rapid Re-housing Program.- November 4, 2024 C.Discussion regarding additional digital signs. - November 4, 2024 D.Discussion regarding City entry way signage. - November 4, 2024 E.Discussion regarding Procurement Policies and Procedures, including local business preference. - December 3, 2024 Staff recommends approval of Proposed Ordinance No. 24-020, at second reading. Staff recommends approval of Proposed Ordinance No. 24-021, on second reading. Staff recommends approval of Proposed Ordinance No. 24-022 on first reading. Staff recommends approval of Proposed Resolution No. R24-263. Requested by Mayor Penserga. Requested by Mayor Penserga. Requested by Commissioner Hay. Requested by Mayor Penserga. Requested by Mayor Penserga and Commissioner Cruz. 8 F.Discussion regarding combining City properties together to create senior affordable housing . - Pending meeting with Mayor Penserga G.Discussion regarding Amendments to the Code of Ordinances regarding flooding in the community.- Pending meeting with Commissioner Cruz H.Discussion regarding Hazard Pay for Community Standards.- Pending meeting with Commissioner Cruz I.Discussion regarding requirements for Advisory Board Appointments.- Pending meeting with Vice Mayor Kelley 12.Adjournment Requested by Mayor Penserga. Requested by Commissioner Cruz. Requested by Commissioner Cruz. Requested by Vice Mayor Kelley. 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. 9 City of Boynton Beach Agenda Item Request Form 3.A Announcements, Community and Special Events And Presentations 10/15/2024 Meeting Date: 10/15/2024 Announcement of Fall Festival Requested Action: The City's annual Fall Festival on Saturday, October 19, from 3:00 P.M. to 6:00 P.M. at Centennial Park located at 120 E. Ocean Avenue in Downtown Boynton Beach. This year's event includes a kid zone, pumpkin giveaways, food trucks, music, petting zoo and more. Community Greening will be onsite hosting a free tree giveaway for attendees while supplies last. Plus, enjoy the Hispanic Heritage Art Exhibition, and free dance classes including SAMBA at the Arts & Cultural Center. For more information, log on to the Recreation and Parks Department's website at WeMakeLifeFun.com Explanation of Request: Announcement of Fall Festival How will this affect city programs or services? For the safety of attendees and vendors, the following roads will be closed for the event. • E. Ocean Ave., from Seacrest Blvd. to SE 1st St. from approx. 12 P.M. to 7 P.M. • SE 1st Ave., from Seacrest Blvd. to SE 1st St. from approx. 12 P.M. to 7 P.M. Support Services provided by Public Works Department, Marketing Department, Boynton Beach Police Department, and Boynton Beach Fire Department. Fiscal Impact: This is a free event to all who choose to attend. 10 City of Boynton Beach Agenda Item Request Form 3.B Announcements, Community and Special Events And Presentations 10/15/2024 Meeting Date: 10/15/2024 Announcement of the 2024 Boynton Beach Pirate Fest Requested Action: Bigger than ever, this free, family-friendly event will feature multiple entertainment stages, live cannon performances, a mermaid grotto, an enchanted market, treasure hunts, a wide array of food, and more. The event will kick off with a cannon firing promptly at 12 p.m. on Saturday (10/26) and Sunday (10/27). Attendees will enjoy non-stop entertainment on five stages. The famous Mermaid Jules and her friends will provide makeovers at the Mermaid Grotto. Tiny pirates can dig for treasures in the Lil Scallywag Zone and enjoy bounce houses, face painting and more. The Field of Danger will feature jaw-dropping stunts and death-defying feats. Immerse yourself in an adventure at the Pirate Encampment, which will include axe throwing, sword fighting, and a haunted trail after dark on Saturday night. The Enchanted Market will showcase treasures from local vendors, and you can feast like a pirate with various food and beverage vendors. View the full event schedule, shuttle locations, details, and updates at BBPirateFest.com. Explanation of Request: Announcement of the 2024 Boynton Beach Pirate Fest How will this affect city programs or services? Road closures are planned to begin Thursday, October 23rd, and remain in effect through Monday, October 28th. We will close Ocean Ave from Seacrest to 4th Street (and all access points) and SE 1st Ave from Seacrest to SE 1st Street. During the road closures, employees and city hall visitors should park in the employee lot. Fiscal Impact: The event was budgeted for within the Event's division budget, it is free to attend. Attachments: Pirate Fest 11 12 City of Boynton Beach Agenda Item Request Form 5.A Administrative 10/15/2024 Meeting Date: 10/15/2024 Advisory Board Appointments. Requested Action: City Commission to reappoint and appoint eligible members of the community to serve in vacant positions on City Advisory Boards. Explanation of Request: The City Clerk's Office has received applications from City residents who are seeking to become new board members. The attached list contains term openings and vacancies on the various advisory boards with the designated Commission members having responsibility for the appointment to fill each term opening and vacancy. How will this affect city programs or services? Appointments are necessary to keep City Advisory Boards full and operating as effectively as possible. Fiscal Impact: There is no fiscal impact to the budget for this item. Attachments: Advisory_Board_Appointments_Reappointments_and_Applicants_for_October_15_2024.docx Patterson, Desirae - Firefighters' Pension Trust Fund.pdf Coccoli, Beverlee - Library Board.pdf Davis, Aron- Library Board.pdf Farmer, Lorraine - Library Board.pdf Hampar, Joanne - Library Board.pdf Lee, Bill - Library Board.pdf Madhav, Harish - Library Board.pdf McGill, Jane - Library Board.pdf Owen, Malissa - Library Board.pdf Watts, Elizabeth - Library Board.pdf 13 Advisory Board Vacancies October 15, 2024 Affordable Housing Advisory Committee 3 Year Term Mayor Penserga Citizen actively engaged as a for-profit provider of affordable housing Applicants:None Art Advisory Board Regular member 2 (2 year) terms Alternate Member 2 (1 year) terms I Cruz Regular Vacant II Turkin Regular Vacant Applicants:None Building Board of Adjustment and Appeals Regular Member 2 (2 year) terms Alternate Member 2 (1 year) terms Mayor Penserga Regular Replaces Daniel Berger – 2 nd term expired Vice Mayor Kelley Regular Replaces Paul Bortz – 2 nd term expired I Cruz Regular Replaces Timothy Dornblaser – 2 nd term expired II Hay Regular Replaces Sanford Guritzky – 2 nd term expired III Turkin Regular Vacant Mayor Penserga Regular Vacant Vice Mayor Kelley Alternate Vacant I Cruz Alternate Vacant Applicants:None Education and Youth Advisory Board Regular Member 2 (2 year) terms Alternate/Student Member 2 (1 year) terms Vice Mayor Kelley Regular Vacant Applicants:None Employees’ Pension Plan Board of Trustees Vice Mayor Kelley Member Employee Representative (Non-Bargaining) I Cruz Member Employee Representative (Non-Bargaining) Applicants: None Historic Resources Preservation Board – Quasi-judicial Regular Member 2 (2 year) terms Alternate Member 2 (1 year) terms Mayor Penserga Alternate Replaces Victor Norfus – did not apply for 2 nd term I Cruz Alternate Vacant Applicants:None Library Board Regular Member 2 (2 year) terms Alternate Member 2 (1 year) terms III Turkin Regular Applicants: Beverlee Coccoli Aron Davis Jane McGill Lorraine Farmer Harish Madhav 14 Advisory Board Vacancies October 15, 2024 Joanne Hampar Bill Lee Malissa Owen Elizabeth Watts Municipal Firefighters’ Pension Trust Fund 1 Cruz Reg 4-year term Applicant:Desirae Patterson Recreation and Parks Board Regular member 2 (2 year) terms Alternate Member 2 (1 year) terms I Cruz Alternate Vacant Applicants:None Senior Advisory Board Regular member 2 (2 year) terms Alternate Member 2 (1 year) terms Mayor Penserga Alternate Vacant Vice Mayor Kelley Alternate Vacant Applicants:None 15 This Message Is From an External Sender This message came from outside your organization. From:City Clerk To:Stanzione, Tammy Subject:FW: Advisory Board Appointment application Date:Friday, September 27, 2024 2:58:55 PM From: desiraemariewatler <noreply@123formbuilder.com> Sent: Friday, September 27, 2024 2:30 PM To: City Clerk <CityClerk@bbfl.us> Subject: Advisory Board Appointment application Today's date 09/27/2024 Name Desirae Patterson Phone number 561-703-6739 Address 2890 SE 1ST CT BOYNTON BEACH FL 33435-7635 United States Email desiraemariewatler@ gmail. com Current occupation or, if retired, prior occupation Stay at home mom,ZjQcmQRYFpfptBannerStart ZjQcmQRYFpfptBannerEnd Today's date 09/27/2024 Name Desirae Patterson Phone number 561-703-6739 Address 2890 SE 1ST CT BOYNTON BEACH FL 33435-7635 United States Email desiraemariewatler@gmail.com Current occupation or, if retired, prior occupation Stay at home mom, Teacher Education Bachelors Degree, Elementary Education K-6 ESOL Endorsed Are you a registered voter?Yes Do you reside within the Boynton Beach City limits? Yes Do you own/manage a business within City limits? No If "yes", name of business: Are you currently serving on a City board?Yes Have you served on a City board in the past?Yes 16 If "yes", which board(s) and when?Boynton Beach Firefighters' Pension Fund Have you ever been convicted of a crime?No If "yes", when and where? Advisory Board Firefighters' Pension Trust Fund If appointed by the City Commission to serve as Board Chair or Vice Chair are you willing to serve in this capacity? Yes Personal Qualifications I have served on the board since 2019 and have been able to attend almost all of the quarterly meetings. I have been able to listen and give guidance to our consultants over the pension plan. I have been to trainings such as Florida Public Pension Trustees Association (FPPTA) and been invited to KORIED to learn more about other pension plans. I always seek to be the best fiduciary for the plan. Professional Memberships None Feel free to attach/upload an extra sheet or resume. Certification I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 104.9.60.140 (United States) at 2024-09-27 13:30:22 on Chrome 116.0.0.0 Entry ID: 725 Form Host: https://form.123formbuilder.com/583214/advisory-board-appointment- application 17 L J Stanzione, Tammy From: City Clerk Sent: Tuesday, September 03, 2024 7:19 AM To: Stanzione, Tammy; De Jesus, Maylee Subject: FW: Advisory Board Appointment application From: bevcoccoli <noreply@123formbuilder.com> Sent: Sunday, September 1, 2024 10:23 AM To: City Clerk<CityClerk@bbfl.us> Subject: Advisory Board Appointment application This Message Is From an External Sender This message came from outside your organization. Today's date 09/01/2024 Name Beverlee Coccoli Phone number 860-508-6597 Address 2399 SW 11th Ave. Boynton Beach FL 33426 United States Email bevcoccoli@comcast.net Current occupation or, if retired, prior occupation Event planner Education Associate Degree Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a business No within City limits? If"yes", name of business: Are you currently serving on a No City board? Have you served on a City board in the past? No If"yes",which board(s)and when? Have you ever been convicted No of a crime? If"yes",when and where? 18 1.-e Stanzione, Tammy From: City Clerk Sent: Tuesday, September 03, 2024 7:19 AM To: Stanzione, Tammy; De Jesus, Maylee Subject: FW: Advisory Board Appointment application From:AronTD<noreply@123formbuilder.com> Sent: Sunday, September 1, 2024 11:17 AM To: City Clerk<CityClerk@bbfl.us> Subject: Advisory Board Appointment application This Message Is From an External Sender This message came from outside your organization. Today's date 09/01/2024 Name Aron Davis Phone number 954-707-9590 Address 10 Redwood Ct Boynton Beach FL 33426 United States Email AronTD@Gmail.com Current occupation or, if retired, prior occupation Software Engineer Education Bachelor's in Management of Information Systems Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a business No within City limits? If"yes", name of business: Are you currently serving on a City board? No Have you served on a City board in the past? No If"yes",which board(s) and when? Have you ever been convicted No of a crime? If"yes", when and where? 1 19 This Message Is From an External Sender This message came from outside your organization. From:lcfarmer1 To:City Clerk Subject:Advisory Board Appointment application Date:Tuesday, September 03, 2024 9:22:25 PM Today's date 09/03/2024 Name Lorraine Farmer Phone number 561-374-9696 Address 6711 North Ocean Boulevard 8 Ocean Ridge FL 33435 United States Email lcfarmer1@comcast.net Current occupation or, if retired, prior occupation Retired educator Education BA Education Are you a registered voter?Yes Do you reside within the Boynton Beach City limits?Yes Do you own/manage a business within City limits?No If "yes", name of business: Are you currently serving on a City board?No Have you served on a City board in the past? If "yes", which board(s) and when? Have you ever been convicted of a crime?No If "yes", when and where? Advisory Board Library Board If appointed by the City Commission to serve as Board Chair or Vice Chair are you willing to serve in this capacity? Yes Personal Qualifications Being an avid reader, the library has always been a haven for me...even when it was in the "old" building! 20 I was raised in West Palm Beach...attended Belvedere, Conniston and Forest Hill High and graduated from FAU...a true Native. I taught in Broward County for 25+ years and still substitute teach at the local Gulfstream School. Professional Memberships Feel free to attach/upload an extra sheet or resume. Certification I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 73.56.219.160 (United States) at 2024-09-03 20:22:14 on Chrome 127.0.0.0 Entry ID: 717 Form Host: https://form.123formbuilder.com/583214/advisory-board-appointment-application 21 rcb Stanzione, Tammy From: City Clerk Sent: Tuesday, September 03, 2024 7:18 AM To: Stanzione, Tammy; De Jesus, Maylee Subject: FW: Advisory Board Appointment application From:jhampar<noreply@123formbuilder.com> Sent: Monday, September 2, 2024 1:29 PM To: City Clerk<CityClerk@bbfl.us> Subject: Advisory Board Appointment application This Message Is From an External Sender This message came from outside your organization. Today's date 09/03/2024 Name Joanne Hampar Phone number 561-735-2371 Address 4408 Tuscany Way Boynton Beach Florida 33435 Reserved Email jhampar@comcast.net Current occupation or, if registered representative/stockbrokerage retired, prior occupation Education Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a businessNo within City limits? If"yes", name of business: Are you currently serving on a City board? No Have you served on a City No board in the past? If"yes",which board(s)and when? Have you ever been convicted No of a crime? If"yes", when and where? 22 43, Stanzione, Tammy From: City Clerk Sent: Friday, August 30, 2024 8:14 AM To: Stanzione, Tammy Subject: FW: Advisory Board Appointment application From: blee7453 <noreply@l23formbuilder.com> Sent:Thursday, August 29, 2024 6:03 PM To: City Clerk<CityClerk@bbfl.us> Subject: Advisory Board Appointment application This Message Is From an External Sender This message came from outside your organization. Today's date 08/29/2024 Name Bill Lee Phone number 201-400-5335 Address 4310 Tuscany Way 4310 Tuscany Way Boynton Beach FL 33435 Reserved Email blee7453@gmail.com Current occupation or, if Elementary school principal retired, prior occupation Education BA Special education, MA Reading Specialist, PhD Educational Administra Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a No business within City limits? If "yes", name of business: Are you currently serving on No a City board? Have you served on a City No board in the past? If "yes", which board(s) and when? 23 1.C3 Stanzione, Tammy From: City Clerk Sent: Tuesday, September 03, 2024 7:18 AM To: Stanzione, Tammy; De Jesus, Maylee Subject: FW: Advisory Board Appointment application Attachments: RESUME 20240901.doc From: htmadhav<noreply@l23formbuilder.com> Sent: Sunday, September 1, 2024 4:57 PM To: City Clerk<CityClerk@bbfl.us> Subject: Advisory Board Appointment application This Message Is From an External Sender This message came from outside your organization. Today's date 09/01/2024 Name Harish Madhav Phone number 561-738-1100 Address 2300 S CONGRESS AVE Suite 108 Boynton Beach Florida 33426 United States Email htmadhav@gmail.com Current occupation or, if retired, prior Physician occupation Education MD, MPH Are you a registered voter? Yes Do you reside within the Boynton Beach Yes City limits? Do you own/manage a business within City Yes limits? If"yes", name of Harish Madhav MD PA; business: Are you currently serving on a City No board? 24 Lt Stanzione, Tammy From: City Clerk Sent: Tuesday, September 03, 2024 7:19 AM To: Stanzione, Tammy; De Jesus, Maylee Subject: FW: Advisory Board Appointment application From: Sailjane <noreply@123formbuilder.com> Sent: Sunday, September 1, 2024 3:51 PM To: City Clerk<CityClerk@bbfl.us> Subject: Advisory Board Appointment application This Message Is From an External Sender This message came from outside your organization. Today's date 09/01/2024 Name Jane McGill Phone number 305-393-7133 Address 1824 SW 17th St Boynton Beach FL 33426 United States Email Sailjane@aol.com Current occupation or, if Retired teacher and librarian retired, prior occupation Education BA Economics/marketing Central Conn State University And Masters Degree in Library and Information Science at University of South Florida Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a business No within City limits? If"yes", name of business: Are you currently serving on a City board? No Have you served on a City No board in the past? If"yes",which board(s) and when? Have you ever been convicted No of a crime? If"yes", when and where? 25 Stanzione, Tammy From: malissaowen50 <noreply@l23formbuilder.com> Sent: Thursday, August 29, 2024 2:07 PM To: City Clerk Subject: Advisory Board Appointment application This Message Is From an External Sender This message came from outside your organization. Today's date 08/29/2024 Name Malissa Owen Phone number 954-328-3400 Address 2718 SW 6th St Boynton Beach FL 33435 United States Email malissaowen50@gmail.com Current occupation or, if Health and Well-Being Product Manager retired, prior occupation Education Health Science Education Are you a registered voter? Yes Do you reside within the Boynton Beach City limits? Yes Do you own/manage a business No within City limits? If"yes", name of business: Are you currently serving on a City board? No Have you served on a City board in the past? No If"yes",which board(s)and when? Have you ever been convicted No of a crime? If"yes", when and where? Advisory Board Library Board If appointed by the City Commission to serve as Board Chair or Vice Chair are you Yes willing to serve in this capacity? 26 Stanzione, Tammy From: elizabeth.watts <noreply@123formbuilder.com> Sent: Thursday, August 29, 2024 11:13 AM To: City Clerk Subject: Advisory Board Appointment application This Message Is From an External Sender This message came from outside your organization. Today's date 08/29/2024 Name Elizabeth Watts Phone number 516-455-6243 Address 2642 SW 23rd Cranbrook Ct Boynton Beach Florida 33436 United States Email elizabeth.watts@verizon.net Current occupation or, if Retired teacher retired, prior occupation Education Masters in TESOL Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a businessNo within City limits? If"yes", name of business: Are you currently serving on a No City board? Have you served on a City No board in the past? If"yes", which board(s) and when? Have you ever been convicted No of a crime? If"yes", when and where? Advisory Board Library Board If appointed by the City Commission to serve as Board Yes Chair or Vice Chair are you willing to serve in this capacity? Personal Qualifications I am an avid lifelong reader and library user. 27 City of Boynton Beach Agenda Item Request Form 5.B Administrative 10/15/2024 Meeting Date: 10/15/2024 Community Support Funds. Requested Action: Approve Community Support Fund request from Commissioner Turkin . 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 Growing Strong Ministries Comm. Turkin.pdf 28 29 City of Boynton Beach Agenda Item Request Form 6.A Consent Agenda 10/15/2024 Meeting Date: 10/15/2024 Proposed Resolution No. R24-238- Accept the Grant award for the Resilient Florida Program Implementation Grant for $536,952 with the Florida Department of Environmental Protection for the City of Boynton Beach Park Shoreline Resilience Project, approve Grant Agreement No. 25SRP19, and authorizing the Mayor to execute any documents necessary to implement this Resolution, subject to the approval of the City Attorney's Office. Requested Action: Staff recommends approval of Proposed Resolution No. R24-238. Explanation of Request: On May 12, 2021, Florida Senate Bill 1954 was signed into law, which included the creation of the Resilient Florida Program. This comprehensive legislation ensures a coordinated approach to Florida’s coastal and inland resilience. The Resilient Florida Program enhances the efforts to protect Florida inland waterways, coastlines and shores, which serve as invaluable natural defenses against sea level rise. The legislation will yield the largest investment in Florida’s history to prepare communities for the impacts of sea level rise, intensified storms and flooding. The Resilient Florida Program includes a selection of grants that are available to municipalities to effectively address the impacts of flooding and sea level rise that Florida faces. Under this program, the City has completed a statutorily compliant flooding vulnerability assessment and was awarded a grant to develop an adaptation plan. On August 20, 2024 the City was awarded funding in the amount of $536,952 under the Resilient Florida Implementation Grant Program for the City of Boynton Beach Park Shoreline Resilience Project. The project will integrate the natural environment and engineered structures fostering biodiversity and ecological equilibrium. The grant has a 50% match of $536,952. How will this affect city programs or services? The project will enhance the City’s ability to mitigate flooding and build resilience to sea level rise and future environmental challenges. 30 Fiscal Impact: The Resilient Florida Program Grant offered by the Florida Department of Environmental Protection is expected to fund $536,952 throughout the project's lifecycle, and requires a 50% cost-sharing of $536,952. Amendments to either the 302 CIP or the 131 Green Building Fund are to be determined; no cost is required at this time to accept the grant. Attachments: R24-238 Agenda_Item_2170-2023_Resolution_for_Shoreline_Resilience_grant.docx Attachment 1- Grant Work Plan.pdf Attachment 2- FY 24-25 Implementation Grantee Award Packet-2.pdf Attachment 3- Agreement Contact Information.pdf 31 RESOLUTION NO. R24-2381 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, ACCEPTING A RESILIENT FLORIDA PROGRAM 4 FISCAL YEAR 2024-2025 STATEWIDE RESILIENCE PLAN GRANT 5 AWARD FOR THE SHORELINE RESILIENCE PROJECT IN THE AMOUNT 6 OF $536,952 FROM THE STATE OF FLORIDA DEPARTMENT OF 7 ENVIRONMENTAL PROTECTION; APPROVING GRANT AGREEMENT 8 NO. 25SRP19 WITH THE STATE OF FLORIDA DEPARTMENT OF 9 ENVIRONMENTAL PROTECTION AND AUTHORIZING THE MAYOR TO 10 EXECUTE ALL DOCUMENTS NECESSARY TO IMPLEMENT THE INTENT 11 OF THIS RESOLUTION SUBJECT TO THE REVIEW AND APPROVAL OF 12 THE CITY ATTORNEY’S OFFICE; AND FOR ALL OTHER PURPOSES. 13 14 WHEREAS, on May 12, 2021, the Senate Bill 1954 became law, which included the creation 15 of the Resilient Florida Program. This comprehensive legislation ensures a coordinated approach 16 to Florida’s coastal and inland resilience. The Resilient Florida Program enhances the efforts to 17 protect Florida inland waterways, coastlines and shores, which serve as invaluable natural defenses 18 against sea level rise. The legislation will yield the largest investment in Florida’s history to prepare 19 communities for the impacts of sea level rise, intensified storms, and flooding; and20 WHEREAS, the Resilient Florida Program includes a selection of grants that are available 21 to municipalities to effectively address the impacts of flooding and sea level rise that Florida faces. 22 Under this program, the City has completed a statutorily compliant flooding vulnerability 23 assessment and was awarded a grant to develop an adaptation plan; and24 WHEREAS, on August 20, 2024, the City was awarded funding in the amount of $536,952 25 under the Resilient Florida Implementation Grant Program for the City of Boynton Beach Park 26 Shoreline Resilience Project. The project will integrate the natural environment and engineered 27 structures fostering biodiversity and ecological equilibrium; and28 WHEREAS, the grant has a 50% match of $536,952; and29 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 30 best interests of the city's citizens and residents to accept a Resilient Florida Program Fiscal Year 31 2024-2025 Statewide Resilience Plan Grant Award for the Shoreline Resilience Project in the 32 amount of $536,952 from the State of Florida Department of Environmental Protection and33 approve Grant Agreement No. 25SRP19 with the State of Florida Department of Environmental 34 32 Protection.35 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 accept a Resilient Florida Program Fiscal Year 2024-2025 Statewide Resilience Plan Grant Award 42 for the Shoreline Resilience Project in the amount of $536,952 from the State of Florida 43 Department of Environmental Protection. 44 SECTION 3.The City Commission of the City of Boynton Beach, Florida, does hereby 45 approve Grant Agreement No. 25SRP19 between the State of Florida Department of 46 Environmental Protection and the City for the Shoreline Resilience Project in the amount of 47 $536,952 (the “Agreement”).48 SECTION 4.The City Commission of the City of Boynton Beach, Florida, hereby 49 authorizes the Mayor to execute the Agreement and any ancillary documents required under the 50 Agreement or necessary to accomplish the purposes of the Agreement or this Resolution, subject 51 to the review and approval of the City Attorney’s Office.52 SECTION 5.Alannah Irwin and Mirna Crompton shall be responsible for ensuring that 53 one fully executed Agreement is returned to the City, to be provided to the Office of the City 54 Attorney for forwarding to the City Clerk for retention as a public record.55 SECTION 6.This Resolution shall take effect in accordance with law.56 57 [signatures on the following page]58 59 33 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 34 DEP Agreement No.: 25SRP19 Page 1 of 4 Rev. 1.17.24 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT WORK PLAN AGREEMENT NO. 25SRP19 ATTACHMENT 3 PROJECT TITLE: City of Boynton Beach Park Shoreline Resilience PROJECT LOCATION: The Project is located in Boynton Beach within Palm Beach County, Florida. PROJECT DESCRIPTION: The City of Boynton Beach (Grantee) will conduct the City of Boynton Beach Park Shoreline Resilience (Project) to include the construction of living shorelines covering no more than 1708 linear feet of shoreline at Mangrove Park, Intracoastal Park, and Jaycee Park to fortify coastal resilience. TASKS AND DELIVERABLES: Task 1: Design and Permitting Description: The Grantee will acquire professional services for the engineering and design of innovative living shoreline technologies using nature-based solutions covering no more than 1708 linear feet of shoreline and obtain all necessary permits for construction of the Project. Design and permitting activities may include coastal or civil engineering analyses, preparation of plans and specifications, physical and environmental surveys, cultural resource surveys, design-level geotechnical services, environmental analyses, orthophotography, plan formulations and other necessary studies for obtaining environmental permits, and other Project-related authorizations. The Grantee will submit all work products to the appropriate local, state, and federal regulatory agencies. The Grantee will perform preconstruction project administration, to include project scope of work determination, planning and development of proposed project(s), design consultant direction and oversight, meetings with design professionals and construction contractor(s) and overall project coordination and supervision. Deliverables: The Grantee will provide the following:  1.1: All final design documents as signed by a Florida-registered Professional Engineer or other applicable Florida Licensed Professional in responsible charge of the design;  1.2: A copy of final permit documents from all applicable local, state, and federal regulatory agencies for all permits required for the Project. This should include any permits listed in the original project application; and,  1.3: Project administration and management report(s) signed by the Grantee’s Grant Manager. The report(s) must cover the performance period of the task and can be submitted no more frequently than quarterly during the performance period of the task. The report(s) must include: o A summary of project administration activities; o Proposed project scopes of work; and o Meeting minutes with design professionals and construction contractors, as applicable. Task 2: Construction Description: The Grantee will construct innovative living shoreline technologies using nature based solutions at Mangrove Park, Intracoastal Park, and Jaycee Park in accordance with the construction contract documents. Project costs associated with the Construction task include work approved through construction 35 DEP Agreement No.: 25SRP19 Page 2 of 4 Rev. 1.17.24 bids and/or construction-phase engineering and monitoring services contracts. Eligible activities may include mobilization, demobilization, construction observation or inspection services, physical and environmental surveys, and mitigation projects. Construction shall be conducted in accordance with all local, state, and federal permits. Project Management activities may include field engineering services, site meetings with construction contractor(s) and design professionals, and overall project coordination and supervision. Deliverables: The Grantee will provide the following:  2.1: A copy of the record (as-built) drawings;  2.2: A Certificate of Completion signed by a Florida-registered Professional Engineer or authorized individual in responsible charge of project;  2.3: Coordinate final site visit with Department and submit the Closeout Site Visit Form received from assigned Field Agent; and,  2.4: Project administration and management report(s) signed by a Florida-registered Professional Engineer or authorized individual in responsible charge of project. The report(s) must cover the performance period of the task and can be submitted no more frequently than quarterly during the performance period of the task. The report(s) must include: o A summary of project and site inspection(s); o Meeting minutes to all attended meetings; and o Field notes. PERFORMANCE MEASURES: The Grantee will submit all deliverables for each task to the Department’s Grant Manager on or before the Task Due Date listed in the Project Timeline. The Department’s Grant Manager will review the deliverable(s) to verify that they meet the specifications in the Grant Work Plan and the task description, to include any work being performed by any subcontractor(s), and will provide written acceptance or denial of the deliverable(s) to the Grantee within thirty (30) calendar days. Tasks may include multiple deliverables to be completed. The Department will accept partial and full deliverables. Incomplete deliverables will not be accepted. A “partial deliverable” is defined as a deliverable consisting of one (1) or more (but not all) subcomponents listed in the deliverable list for a single task, where such subcomponent(s) are delivered to the Department at one hundred percent (100%) completion. A “full deliverable” is defined as a deliverable comprising all subcomponents listed in the deliverable list for a single task, all delivered to the Department at one hundred percent (100%) completion. An “incomplete deliverable” is defined as a deliverable for which one hundred percent (100%) completion has not been achieved for any of the subcomponents listed in the deliverable list for a single task. A task is considered one hundred percent (100%) complete upon the Department’s receipt and approval of all deliverable(s) listed within the task and the Department’s approval provided by the Deliverable Acceptance Letter. CONSEQUENCES FOR NON-PERFORMANCE: For each task deliverable not received by the Department at one hundred percent (100%) completion and by the specified due date listed in the Agreement’s most recent Project Timeline, the Department will reduce the relevant Task Funding Amount(s) paid to Grantee in proportion to the percentage of the deliverable(s) not fully completed and/or submitted to the Department in a timely manner. PAYMENT REQUEST SCHEDULE: Following the Grantee’s full or partial completion of a task’s deliverable(s) and acceptance by the Department’s Grant Manager, the Grantee may submit a payment request for cost reimbursement using the Exhibit C, Payment Request Summary Form. All payment requests must be accompanied by the Deliverable Acceptance Letter; the Exhibit A, Progress Report Form, detailing all progress made in the invoice period; and supporting fiscal documentation including match, if applicable. Interim payments will not be accepted. Payment requests will not be accepted until all required 36 DEP Agreement No.: 25SRP19 Page 3 of 4 Rev. 1.17.24 Exhibit A, Progress Report Forms, have been submitted to the Department’s Grant Manager for all reporting periods dating back to the Agreement Begin Date. Upon the Department’s receipt of the aforementioned documents and supporting fiscal documentation, the Department’s Grant Manager will have ten (10) working days to review and approve or deny the payment request. PROJECT TIMELINE: The tasks must be completed by, and all deliverables received by, the corresponding task due date listed in the table below. Cost-reimbursable grant funding must not exceed the budget amounts indicated below. Requests for any change(s) must be submitted prior to the current task due date listed in the Project Timeline. Requests are to be sent via email to the Department’s Grant Manager, with the details of the request and the reason for the request made clear. Task No. Task Title Task Start Date Task Due Date 1 Design and Permitting 7/1/2024 3/31/2027 2 Construction 7/1/2024 3/31/2027 BUDGET DETAIL: Task No. Task Title Budget Category DEP Amount Match Amount 1 Design and Permitting Contractual Services $412,250 $412,250 Total for Task: $412,250 $412,250 2 Construction Contractual Services $124,702 $124,702 Salary $0 $0 Fringe Benefits $0 $0 Total for Task: $124,702 $124,702 Project Total: $536,952 $536,952 Percentage Match: 50% 50% SALARY AND FRINGE BENEFITS BY TASK: Cost-reimbursable funding or hourly match and fringe rate(s) by position may not exceed those indicated below. Upon submission of each payment request, the Grantee certifies that the hours and fringe rates submitted are accurate and allowable costs for the Grant Agreement. Upon request by the Department’s Grant Manager, additional documentation of hours worked will be provided. [Example rates provided, revise as needed. Include all possible position titles that may be used for the task(s). May list fixed hourly rate and fringe rate. Optional: use Maximum Hourly Rate and Maximum Fringe Rate (%) in the table header below if the rates will be variable for the position title, as long as they can charge at or below those rates and provide information upon request.] [OPTIONAL SALARY/FRINGE/INDIRECT BENEFITS: If the “For Actual Costs” option is selected in Attachment 2, Grantee must remove the Fringe Rate column in the table below and then use the following statement:] Cost-reimbursable funding or hourly match rate(s) by position may not exceed those indicated below. Fringe benefits will be reimbursed based on actual costs, with the total not to exceed the budgeted amounts shown in the Budget Detail by task table. Task No. Position Title Hourly Rate Fringe Rate Indirect Costs 37 DEP Agreement No.: 25SRP19 Page 4 of 4 Rev. 1.17.24 1 $ % % $ % % $ % % $ % % 2 $ % % $ % % $ % % $ % % 38 ______________________________________________________________________________ PUR 1808 (08/22) Page 1 of 1 60A-1.020, F.A.C. COMMON CARRIER OR CONTRACTED CARRIER ATTESTATION FORM (PUR 1808) Exhibit J This form must be completed by a Common Carrier or contracted carrier and submitted to the Governmental Entity with which a Contract being is executed, amended, or renewed. Capitalized terms used herein have the definitions ascribed in section 908.111, F.S. is not willfully providing and will not willfully provide any service during the Contract term in furtherance of transporting a person into this state knowing that the person is an Unauthorized Alien, except to facilitate the detention, removal, or departure of the person from this state or the United States. Under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true. Printed Name: Title: Signature: Date: 39 FLORIDA DEPARTMENT OF Environmental Protection Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, FL 32399 Ron DeSantis Governor Jeanette Nuñez Lt. Governor Shawn Hamilton Secretary Resilient Florida Program Match Funding Source Documentation Form required for all grant agreements with match expenditures. Grant Agreement Number: Grantee Name: For the Resilient Florida Program grant listed, match funds may be required, pursuant to Attachment 2, Section 7. If required, complete the following table to identify the match funding source(s) and amounts and provide applicable supporting documentation for verification of funding source(s), pursuant to Attachment 1. Match Funding Source Type (Expenditure Category) Match Funding Amount Specify the Funding Source Match Documentation Provided $ $ $ $ Total Match Amount: $ Add additional rows, if needed. Note: Supporting documentation to substantiate match requirements for specific budget categories, as identified in Attachment 3, is required to be submitted with each payment request to document all match funds provided during the period covered by that request. Refer to Attachment 1 for the documentation required to satisfy match documentation for payment requests. Certification: By signing below, I certify that, on behalf of the Grantee listed above, the matching funds provided with this form are available for use with the Resilient Florida Program Grant Agreement Number, Date: ___________________ . Name: ______________________________ Title: _______________________________ Signature: ___________________________ 8/20/2024 40 Florida Department of Environmental Protection Resilient Florida Program Fiscal Year 2024-2025 Statewide Resilience Plan Grant Awards Implementation Grantee Award Packet Grantee Checklist for Initial Required Documents Grantee Name: Return the following documents to ResilientFloridaGrants@FloridaDEP.gov: Agreement Contact Information Form (page 2) Certificate of Insurance (requirements on page 4) W-9 (substitute W-9 registration instructions page 6) Exhibit J, Common Carrier Attestation Form (page 8) Applicable to contracts with a common carrier (firm/person/corporation that as a regular business transports people or commodities from place to place). Grantees must sign and submit Exhibit J if the Grantee (as an entity) has a common carrier or performs common carrier activities. The Exhibit J must be signed by the Grantee’s Authorized Representative or Designee. Grantee Match Form (page 9) Visit the Resilient Florida Program Grants webpage for additional information and resources. 41 AGREEMENT CONTACT INFORMATION PROJECT TITLE: _______________________________________________________________________________ GRANTEE: Organization Name (i.e., city of or county) __________________________________________________________ Mailing Address: ______________________________________________________________________________ City: _______________________________________ State: _______________________ Zip: _______________ Physical Address (if different from mailing): _________________________________________________________ City: _______________________________________ State: _______________________ Zip: _______________ Phone Number: _______________________________________________________________________________ Grant agreement number (will be assigned): ________________________________________________________ Federal Employer ID Number: ___________________ Award Amount: ______________________________ Match Amount (if required): ____________________ AUTHORIZED REPRESENTATIVE (erson to sign agreement ) Name :_______________________________________________________________________________________ Mailing Address: ______________________________________________________________________________ City: _______________________________________ State: _______________________ Zip: _______________ Physical Address (if different from mailing): _________________________________________________________ City: _______________________________________ State: _______________________ Zip: _______________ Phone Number: _______________________________________________________________________________ E-mail Address: ________________________________________________________________________________ GRANT MANAGER: Name: _______________________________________________________________________________________ Employer: ____________________________________________________________________________________ Title: ________________________________________________________________________________________ Mailing Address: ______________________________________________________________________________ City: _______________________________________ State: _______________________ Zip: _______________ Phone Number: _______________________________________________________________________________ E-mail Address: ________________________________________________________________________________ FISCAL AGENT: Name: _______________________________________________________________________________________ Employer: ____________________________________________________________________________________ Title: ________________________________________________________________________________________ Mailing Address: ______________________________________________________________________________ City: _______________________________________ State: _______________________ Zip: _______________ Phone Number: _______________________________________________________________________________ E-mail Address: ________________________________________________________________________________ Page | 1 42 Page | 2 AGREEMENT CONTACT INFORMATION CONTRACTOR (if applicable & known): Organization Name: ____________________________________________________________________________ Contact Person Name: __________________________________________________________________________ Title: ________________________________________________________________________________________ Mailing Address: ______________________________________________________________________________ City: _______________________________________ State: _______________________ Zip: _______________ Phone Number: _______________________________________________________________________________ E-mail Address: ________________________________________________________________________________ ADDITIONAL CONTACTS: Name: _______________________________________________________________________________________ Phone Number: _______________________________________________________________________________ Email Address: ________________________________________________________________________________ Name: _______________________________________________________________________________________ Phone Number: _______________________________________________________________________________ Email Address: ________________________________________________________________________________ Name: _______________________________________________________________________________________ Phone Number: _______________________________________________________________________________ Email Address: ________________________________________________________________________________ 43 City of Boynton Beach Agenda Item Request Form 6.B Consent Agenda 10/15/2024 Meeting Date: 10/15/2024 Proposed Resolution No. R24-239- Approve the auction of the vehicles/equipment submitted by the Fleet Maintenance Division for disposal by using the online auctioneer JJ Kane Auctioneers. Requested Action: Staff recommends approval of Proposed Resolution No. R24-239. Explanation of Request: The Fleet Maintenance Division is submitting sixteen (16) units to be disposed of at auction using the online auctioneer JJ Kane Auctioneers. The proceeds will generate revenue for the Fleet Maintenance Fund. The division has verified that the units are no longer of use and has completed all proper documentation for disposal. How will this affect city programs or services? The disposal of obsolete, damaged, and surplus vehicles/equipment will eliminate the need to store them and allow the Finance Department to remove them from the City’s fixed asset records. Fiscal Impact: The revenue generated from the sale of surplus vehicles/equipment will be placed in the Fleet Maintenance Fund and will be used for the future procurement of vehicles/equipment. Attachments: R24-239 Agenda_Item_2177-2023_auction_for_disposal.docx Exhibit A to Resolution - Vehicle Surplus List - Oct 2024 JJ_Kane_Contract_Agreement 44 RESOLUTION NO. R24-2391 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA,APPROVING THE AUCTION OF THE 4 VEHICLES/EQUIPMENT SUBMITTED BY THE FLEET MAINTENANCE 5 DIVISION FOR DISPOSAL BY USING THE ONLINE AUCTIONEERS JJ 6 KANE AUCTIONEERS; PROVIDING AN EFFECTIVE DATE; AND FOR ALL 7 OTHER PURPOSES. 8 9 WHEREAS, on August 15, 2023, the City Commission approved Resolution No. R23-102 10 approving an Agreement with JJ Kane Auctioneers to facilitate the sale at public auction of City-11 owned vehicles and equipment that have been identified as surplus; and12 WHEREAS,the Fleet Maintenance Division is submitting Sixteen (16) units to be disposed 13 of at auction by using the online auctioneer JJ Kane Auctioneers; and 14 WHEREAS, the Fleet Maintenance Division has verified that the units are no longer of use 15 and have completed all proper documentation for disposal, and requests the City Commission’s 16 review, evaluation, and approval to sell the surplus vehicles/equipment; and 17 WHEREAS, the proceeds will generate revenue for the Fleet Maintenance Fund; and18 WHEREAS, the City Commission, upon recommendation of staff, has deemed it to be in 19 the best interests of the citizens and residents of the City to approve the auction of the 20 Vehicles/Equipment submitted by the Fleet Maintenance Division for disposal by using the online 21 auctioneers JJ Kane Auctioneers.22 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 24 BEACH, FLORIDA, THAT:25 SECTION 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 26 being true and correct and are hereby made a specific part of this Resolution upon adoption.27 SECTION 2.The City Commission of the City of Boynton Beach, Florida, does hereby 28 approve the auction of the Vehicles/Equipment submitted by the Fleet Maintenance Division for 29 disposal by using the online auctioneers, JJ Kane Auctioneers. A copy of the Vehicle List to be 30 auctioned is attached hereto and incorporated herein as “Exhibit A.”31 SECTION 3.This Resolution shall take effect in accordance with law.32 45 PASSED AND ADOPTED this ____________ day of _________________________________ 2024.33 CITY OF BOYNTON BEACH, FLORIDA34 YES NO35 Mayor – Ty Penserga __________36 37 Vice Mayor – Aimee Kelley __________38 39 Commissioner – Angela Cruz __________40 41 Commissioner – Woodrow L. Hay __________42 43 Commissioner – Thomas Turkin __________44 45 VOTE ______46 ATTEST:47 48 ___________________________________________________________49 Maylee De Jesús, MPA, MMC Ty Penserga50 City Clerk Mayor51 52 APPROVED AS TO FORM:53 (Corporate Seal)54 55 _______________________________56 Shawna G. Lamb57 City Attorney58 46 Public Works Department Fleet Management & Mobility Division Vehicle Surplus List - October 2024 UNIT #YEAR MAKE MODEL DESCRIPTION VIN # OR SERIAL #DEPARTMENT 4863 2018 FORD EXPLORER MID SIZE SEDAN PURSUIT 1FM5K8AR2JGB46366 POLICE 4734 2017 FORD EXPLORER MID SIZE SEDAN PURSUIT 1FM5K8AR0HGB00531 POLICE 4737 2017 FORD EXPLORER MID SIZE SEDAN PURSUIT 1FM5K8AR2HGD26151 POLICE 7700 2017 FORD EXPLORER MID SIZE SEDAN PURSUIT 1FM5K8D81HGC90309 POLICE 4862 2018 FORD EXPLORER MID SIZE SEDAN PURSUIT 1FM5K8AR3JGB46358 POLICE 4864 2018 FORD EXPLORER MID SIZE SEDAN PURSUIT 1FM5K8AR3JGB46361 POLICE 4972 2019 FORD EXPLORER MID SIZE SEDAN PURSUIT 1FM5K8AR8KGA28887 POLICE 4851 2018 FORD EXPLORER MID SIZE SEDAN PURSUIT 1FM5K8AR8JGB46372 POLICE 3620 2016 FORD F-150 PICKUP TRUCK 1/2 TON CREW CAB 1FTEW1C81GKD96515 POLICE 4852 2018 FORD EXPLORER MID SIZE SEDAN PURSUIT 1FM5K8AR7JGB46363 POLICE 4966 2019 FORD EXPLORER MID SIZE SEDAN PURSUIT 1FM5K8AR7KGA28881 POLICE 4854 2018 FORD EXPLORER MID SIZE SEDAN PURSUIT 1FM5K8AR1JGB46357 POLICE 5901 2009 CHEVROLET SILVERADO TRUCK FLATBED STAKED BODY 1GBJC74K69F143498 PARKS & GROUNDS 19 2008 CHEVROLET SILVERADO PICKUP TRUCK 3/4 TON 1GCHC24K48E197562 PARKS & GROUNDS 2404 2015 FORD F-350 UTILITY BODY TRUCK 1 TON 1FDRF3G6XFEA46573 WATER DISTRIBUTION 4866 2018 FORD EXPLORER MID SIZE SEDAN PURSUIT 1FM5K7D82JGC34010 POLICE 47 Sourcewell RFP#110421 Public Utility Equipment with Related Accessories&Supplies i JJ°Kane Contact: Dave Persad Seller Name:The City of Boynton Beach Express Mail Address(No P.O.Boxes): 222 NE 9th Ave Boynton Beach,FL 33435 Phone: 561-742-6215 Email:persadd@bbfl.us Date Emailed To Seller: 7.17.2023 This agreement(this"Agreement"), effective as of July 17th 2023, is by and among The City of Boynton Beach(hereinafter called"Seller"),J.J.Kane Exchange,LLC("Exchange"), and J.J.Kane Associates Inc. d/b/a "J.J. Kane Auctioneers," "Ken Porter Auctions" and "First Capitol Auction" ("Associates" and, together with Exchange, hereinafter called "Auctioneer"), acting as agent for Seller. Seller and Auctioneer,intending to be legally bound,hereby agree as follows: 1) Term and Termination. The term of this Agreement shall begin on the date hereof and shall continue until terminated by either party hereto. Either party hereto may terminate this Agreement at any time upon 60 days' prior written notice to the other party. Upon termination of this Agreement, Auctioneer shall provide written notice to Seller describing any unsold Auction Items(defined below) and, unless otherwise mutually agreed to by the parties hereto, Auctioneer shall be permitted to attempt to sell such Auction Items at auction for an additional 60 days following the effective date of the termination of this Agreement. At the end of such additional 60 day period, any unsold Auction Items will be released to Seller; provided, that Seller shall be required to reimburse Auctioneer for any and all expenses incurred by Auctioneer in connection with the transportation, storage, decommissioning, and other related costs of preparing such unsold Auction Items for sale prior to Auctioneer's release of such Auction Items to Seller. 2) Engagement. a) Seller hereby engages Auctioneer to facilitate the sale at public absolute auction sale Seller's property identified by Seller(the"Auction Item"), excluding any chemicals,hazardous materials or other environmentally unsafe equipment or materials unless mutually agreed upon in writing by Seller and Auctioneer. i) Seller shall be responsible for clean-up/disposal of petroleum products/chemical spills coming from Auction Items that are offered for sale under this Agreement. The prompt and proper clean-up of any spills, leaks or other releases of petroleum or chemical substances and materials will be performed in accordance with all applicable federal,state and local laws and regulations. Seller acknowledges and agrees that in the event a spill has occurred, notification by Auctioneer to certain federal, state and/or local agencies may be required. Seller shall be responsible for all costs resulting in the clean-up of any spills/leaks or other releases of petroleum or chemical spills in accordance with any applicable laws and regulations. All clean-up/proper disposal costs will be billed back to Seller and deducted from Seller's sale proceeds. If said proceeds do not cover the total cost of spill cleanup/disposal, Seller will be billed the difference and Auctioneer shall be paid within 10 04469614.15 1 48 Sourcewell RFP#110421 Public Utility Equipment with Related Accessories & Supplies business days of dated invoice. The obligations set forth in this Section 2 shall survive the termination or expiration of this Agreement. b) Seller hereby acknowledges and agrees that any auction conducted over the internet via online bidding will be conducted by Exchange and any applicable third party internet auction platform. c) Auctioneer may, in its sole discretion, accept or reject any Auction Items proposed for auction sale by Seller. 3) Auctioneer Personnel. Auctioneer shall provide all necessary auctioneers, accountants, clerks and office staff required to achieve the efficient and orderly performance of the auction sale contemplated by this Agreement. Auctioneer shall employ qualified personnel to perform these jobs and shall perform the engagement contemplated by this Agreement in a professional and skilled manner. 4) As-Is&Where-Is Auction Sales. a) Auction Items will be offered for sale individually, or in the case of small miscellaneous items sold in lots as determined by Auctioneer. All Auction Items will be sold on an"As-Is Where-Is" basis without any warranties of any kind,expressed or implied. b) Seller agrees to disclose to Auctioneer any known defects or faults with Auction Items prior to listing such Auction Items with Auctioneer for sale. c) In the case that a known defect or condition of any Auction Item is not disclosed by Seller to Auctioneer prior to listing, Auctioneers shall have the right, in its sole discretion,to declare such Auction Item a"No Sale" in which case Seller shall retain possession of such Auction Item and reimburse Auctioneer for any and all costs and expenses incurred by Auctioneer in connection with the transportation,storage,decommissioning and sale preparation of such Auction Item. d) In accordance with applicable state and federal emissions regulations, Seller shall notify Auctioneer of any alterations of OEM emission systems that have occurred on vehicle or equipment Auction Items (e.g., dpf, def, system deletes or other engine control software or hardware alterations not approved by OEM). 5) Marketable Title. a) Seller specifically represents and warrants to Auctioneer that Seller is the sole owner of, and has good, valid and marketable title to, all of the Auction Items to be sold by Auctioneer pursuant to this Agreement, free and clear of any liens, security interests, mortgages, debts or other encumbrances or restrictions of any kind not otherwise disclosed in writing by Seller to Auctioneer on or prior to the date of this Agreement. Seller further represents and warrants that there are no outstanding judgments or liens against Seller and that there are no legal actions, claims or proceedings pending or, to the knowledge of Seller, threatened against or adversely affecting Seller whatsoever which in any way would hinder, prevent or otherwise affect Seller's or Auctioneer's right or ability to sell the Auction Items at auction sale. b) Seller acknowledges and agrees that Auctioneer may elect to conduct UCC lien searches on any Auction Items deemed necessary by Auctioneer,in its sole discretion. Seller shall be responsible for the cost of any such lien searches payable in accordance with Section 11(c)below. c) Seller agrees to deliver, upon Auctioneer's request, any documents, certificates, proofs of ownership or titles that may be required to effectively deliver and convey title to the Auction Items sold by Auctioneer pursuant to this Agreement. d) In the case that there is a delay in the new purchaser receiving a free and clear title to any vehicle or trailer Auction Items sold hereunder,the net proceeds from the sale will be held by Auctioneer until a free and clear title is delivered to the purchaser; provided, that, at the election of Auctioneer,in its sole discretion,the applicable Auction Item may be withdrawn from the auction sale and remain Seller's property. 04469614.15 2 49 Sourcewell RFP #110421 Public Utility Equipment with Related Accessories & Supplies e) Seller acknowledges and agrees that, although Auctioneer guarantees free and clear title to the purchaser of each Auction Item and Auctioneer will use its commercially reasonable best efforts to obtain and convey such title in accordance with applicable law, Auctioneer shall in no way be responsible for any losses, damages, costs, expenses or fees (including, without limitation, attorneys' fees)arising out of or relating to any delay in obtaining and/or conveying free and clear title to the purchaser of any Auction Item sold hereunder. f) Seller acknowledges and agrees that, if requested, Auctioneer may provide the name of Seller to the applicable purchaser of any vehicle Auction Item sold hereunder. g) If Seller is a motor vehicle dealer, Seller's dealer state&dealer number are as follows: (list dealer state&dealer number): h) The obligations set forth in this Section 5 shall survive the termination or expiration of this Agreement. 6) Titles On-Site. a) Seller agrees to deliver or cause to be delivered to Auctioneer all signed certificates of title, letters of authorization to sell vehicle Auction Items and any other related paperwork (e.g., a seller- specific bill of sale)no later than 10 days prior to the applicable auction sale. b) In order to comply with applicable motor vehicle rules and to enable new purchasers to assume ownership with minimal problems, a letter of authorization on Seller's letterhead must accompany all certificates of title associated with Auction Items. Set forth below is a sample letter: To Whom It May Concern: SELLER NAME] hereby authorizes J.J. Kane Auctioneers to sell vehicles and/or equipment owned by at the auction sale conducted on Saturday, in Sincerely, SELLER NAME] DATE] 7) Delivery of Auction Items. Unless Seller requests for Auctioneer to arrange for the pickup and transportation of any Auction Items to the applicable auction site by a third party service provider in accordance with Section 11(b) below, Seller shall deliver or cause to be delivered the Auction Items to the auction sale site no later than ten days prior to the applicable auction sale or to such other location agreed to in writing by Auctioneer. All Auction Items shall be delivered to Auctioneer in running condition(except as noted by Seller)with adequate fuel levels and a duplicate set of keys. 8) Insurance Coverage. a) Seller shall, at their own expense, maintain and carry in full force and effect appropriate insurance coverage on the Auction Items being sold hereunder until the day of the auction sale. b) Auctioneer and owner of the auction sale site property will not be responsible for any damages to Auction Items resulting from acts of nature, theft, accident and/or vandalism while such Auction Items are located at the sale site. c) Auctioneer shall be responsible for any loss or damage to Auction Items due to Auctioneer's willful or negligent acts or omissions. 9) Commission. 04469614.15 3 50 Sourcewell RFP #110421 Public Utility Equipment with Related Accessories & Supplies a) Seller agrees that Auctioneer will charge the buyer of each Auction Item sold hereunder a base buyer's fee equal to 10% of the gross sale price paid for such Auction Item, subject to increase depending on the applicable (i) sales platform (e.g., live auction or internet only), (ii) type of buyer (on-site or internet) and/or (iii) Auction Item location, which shall not exceed 15% of the gross sales price paid for the Auction Item. b) [Seller agrees to pay Auctioneer a Seller's commission equal to 0% of the total gross sale price for sold Auction Items.] c) Seller agrees that, when applicable, Auctioneer may deduct its commission from the gross proceeds of the auction sale. 10)Non-Sales. a) In the event that a successful bidder fails to pay for an Auction Item for which such bidder is designated to be the high bidder, then the applicable Auction Item will be deemed a"Non-Sale," no commission will be charged on such Auction Item and Seller will retain ownership of such Auction Item. b) In certain instances Auctioneer may be required to refund the would-be purchaser of an Auction Item that has been deemed a"Non-Sale."In the event Seller has already received the proceeds for such a"Non-Sale"Auction Item, Auctioneer will be entitled to relist the Auction Item on Seller's behalf. Seller agrees to assist Auctioneer in obtaining all title and registration paperwork necessary to relist the Auction Item (including duplicate title). Auctioneer will not assume ownership of the Auction Item at any time. Seller agrees that Auctioneer shall be entitled to use the proceeds of any auction sale following such a relisting to recover any amounts previously refunded to the would-be purchaser, together with administrative fees and costs as may be charged or incurred by Auctioneer. 11) Reimbursed Expenses. c) If applicable and pre-approved by Seller, Seller agrees that Auctioneer may deduct the exact cost for any additional services that Auctioneer provides Seller from the proceeds of the auction sale. 1) Advertising: 2) Decommissioning&Washing: $ 3) Repairs: 4) Other: d) If Seller requests for Auctioneer to arrange for the pickup and transportation of Auction Items by a third party service provider,Auctioneer will invoice Seller a transportation fee equal to the cost of pickup and transportation plus 10%. e) If Auctioneer elects to conduct UCC lien searches on any Auction Items,Auction will be entitled to deduct the cost of such lien searches from the gross proceeds of the auction sale or, if no sale occurs,invoice Seller for such cost. 12) Payment. a) Auctioneer will charge and collect from the purchaser the purchase price for the Auction Items sold at the auction sale,together with all applicable taxes. Auctioneer will collect payment in full from the purchaser prior to the removal of any Auction Items from the auction site. Seller shall be responsible for the payment of all income taxes resulting from or payable in connection with the sale of the Auction Items hereunder. b) Within 14 business days following the auction sale, Auctioneer shall to remit to Seller the net proceeds from the Auction Items sold at auction, less Auctioneer's applicable commission as outlined in Section 9 above and any expenses as outlined in Section 11 above, together with a written report listing all Auction Items sold by Auctioneer and proof of payment for expenses. Payment shall be made by Auctioneer via electronic transfer or by a check made payable to 04469614.15 4 51 Sourcewell RFP#110421 Public Utility Equipment with Related Accessories& Supplies Seller. Any proceeds check will be made payable to Seller and mailed to the same name and address of Seller set forth on the first page of this Agreement unless otherwise directed in writing by Seller. 13)Absolute Unreserved Auction Sales. a) Seller understands that Auctioneer conducts absolute unreserved public auction sales where each Auction Item is sold to the highest bidder regardless of price. b) Furthermore, Seller understands/agrees that it is illegal for Seller or any agent thereof to bid on and/or buy-back any Auction Items owned by Seller. c) If Seller or any agent of Seller attempts to bid on and/or buy back any of the Auction Items, Auctioneer will,at Auctioneer's discretion,choose one of the following actions: 1) Pass the Auction Item currently being offered for sale along with all other Auction Items. 2) Sell the Auction Item to the last"Good Faith"bidder before Seller or its agent began bidding on such Auction Item. d) Seller shall reimburse Auctioneer for any lost revenue,including seller's commission,buyer's fee and/or any pre-approved reimbursed expenses in the event of a"Buy Back". 14)Advertised Auction Items. At Auctioneer's discretion,in the event that Seller removes any advertised Auction Item from the auction sale, Seller agrees to pay Auctioneer a handling fee of$500.00 for each such Auction Item that is removed from the sale. 15) Breach of Contract. In the event that Seller breaches any covenant or makes any misrepresentation in this Agreement, Seller agrees to indemnify, defend and hold Auctioneer harmless from any and all costs, expenses,damages and liabilities arising out of or relating to such breach or misrepresentation, including, without limitation, attorneys' fees and other costs incurred by Auctioneer in any action or proceeding arising out of or relating to such breach or misrepresentation. The obligations set forth in this Section 15 shall survive the termination or expiration of this Agreement. 16) Indemnification. Seller hereby agrees to indemnify, defend and hold Auctioneer and its parent, subsidiaries and affiliates and each of their respective directors, officers, employees and other representatives (collectively, "Indemnified Persons") harmless from any and all costs, expenses, damages and liabilities (including, without limitation, attorneys' fees) incurred or sustained by, or imposed upon any Indemnified Person arising out of or relating to: (a) Seller's ownership and maintenance(or lack thereof) of the Auction Items, (b)the condition of the Auction Items at time of auction,(c)the applicable purchaser's use of the Auction Items and/or any property damage or bodily injury arising therefrom,(d)any title defects or delays in delivering free and clear title to the Auction Items, (e) any breach of this Agreement by Seller, (f) any violations of applicable state and federal laws, including, without limitation, state and federal emissions laws and regulations, or (g) the enforcement of this indemnity by Auctioneer.The obligations set forth in this Section 16 shall survive the termination or expiration of this Agreement. 17)Entire Agreement:Headings. a) This Agreement contains the entire agreement between the parties and there are no other terms, obligations or representations,written or oral,other than those contained in this Agreement. This Agreement may be modified only by a further writing that is duly executed by both parties. b) Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent. 04469614.15 5 52 Sourcewell RFP#110421 Public Utility Equipment with Related Accessories & Supplies 18)Digger Derricks and Aerial Devices. a) Section 18(b) below shall apply to digger derricks and the following vehicle-mounted aerial devices(hereinafter referred to as an"aerial device")sold as Auction Items hereunder: 1) Extensible boom aerial devices; 2) Aerial ladders; 3) Articulating boom aerial devices; 4) Vertical towers; and 5) A vehicle or other combination of any of the above,which vehicle may be a truck,a trailer,or an all-terrain vehicle. b) Seller acknowledges and agrees that it shall be the sole and exclusive responsibility of Seller to provide Auctioneer with, and Seller shall provide to Auctioneer, all of the operations, maintenance and manufacturer's manual(s) (collectively, "Manuals") for each digger derrick or aerial device to be auctioned by Auctioneer hereunder and that such responsibility shall continue in perpetuity notwithstanding Auctioneer's auction of the corresponding digger derrick or aerial device for Seller. In the event Seller does not provide all Manuals for each digger derrick or aerial device to Auctioneer, Auctioneer shall, in its own discretion, refuse to auction the associated digger derrick or aerial device until such time as the Manuals have been provided by Seller to Auctioneer. Auctioneer may notify Seller of the name and location of the successful purchaser of a digger derrick or aerial device within a reasonable time following completion of the sale. Seller hereby acknowledges its responsibilities in accordance with American National Standards Institute A92.2-2009 (including,without limitation, Section 8.7 thereof)and A10-31 in full, including, without limitation, section 8.7 thereof. Seller hereby acknowledges and agrees that failure by Seller to provide all Manuals for any digger derrick or aerial device sold at public auction hereunder shall be deemed a breach of Section 15 above for which Auctioneer shall be entitled to indemnification pursuant to Section 16 above. Signature Page Follows] 04469614.15 6 53 54 City of Boynton Beach Agenda Item Request Form 6.C Consent Agenda 10/15/2024 Meeting Date: 10/15/2024 Proposed Resolution No. R24-241- Authorizing the Mayor to sign the Florida Department of Environmental Protection (FDEP) consent order for resolution of enforcement action, OGC No. 23-1330. Requested Action: Staff recommends approval of Proposed Resolution No. R24-241. Explanation of Request: Florida Department of Environmental Protection (FDEP) desires to enter into a Consent Order (CO) with the City of Boynton Beach without the City admitting or denying the department's findings for violations due to an unauthorized discharge from the collection system into the Intracoastal Waterway in July 2023 resulting in exceedances of the surface water quality standard for Enterococci within the impacted surface water and an updated Sewer Overflow Response Plan and Operations and Maintenance Manual was not on file. The CO reflects the City and FDEP's mutually agreed upon resolution of the matter and the City agrees to comply with the corrective actions within the time periods set out in the CO. How will this affect city programs or services? The Utility sees this as an opportunity to continue its vision of improving infrastructure assessment, asset management, and repair and replacement projects to continue providing exceptional services to our customers. Fiscal Impact: $182,008 for civil penalties. The City can offset the cash payment by implementing a Pollution Prevention (P2) project or an in-kind project for $273,012. $1,000 for costs and expenses incurred by FDEP during investigation. Attachments: R24-241 Agenda_Item_2093-2023_Resolution_for_FDEP_Consent_Order.docx Exhibit A to Resolution - Revised Consent Order (002).pdf 55 RESOLUTION NO. R24-2411 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, AUTHORIZING THE MAYOR TO SIGN THE FLORIDA 4 DEPARTMENT OF ENVIRONMENTAL PROTECTION CONSENT ORDER 5 FOR RESOLUTION OF ENFORCEMENT ACTION, OGC FILE NO. 23-1330; 6 AND FOR ALL OTHER PURPOSES. 7 8 WHEREAS, the Florida Department of Environmental Protection (FDEP) desires to enter9 into a Consent Order (CO) with the City of Boynton Beach without the City admitting or denying 10 the department's findings for violations due to an unauthorized discharge from the collection 11 system into the Intracoastal Waterway in July 2023 resulting in exceedances of the surface water 12 quality standard for Enterococci within the impacted surface water, and an updated Sewer 13 Overflow Response Plan and Operations and Maintenance Manual was not on file; and14 WHEREAS, the City and FDEP desire to mutually resolve the matter and the City agrees to 15 comply with the corrective actions within the time periods set out in the CO; and16 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 17 best interests of the city's citizens and residents to authorize the Mayor to sign the Florida 18 Department of Environmental Protection Consent Order for resolution of enforcement action, 19 OGC File No. 23-1330. 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 22 BEACH, FLORIDA, THAT:23 SECTION 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 24 being true and correct and are hereby made a specific part of this Resolution upon adoption.25 SECTION 2.The City Commission of the City of Boynton Beach, Florida, does hereby 26 approve a Consent Order between the State of Florida Department of Environmental Protection27 and the City (the “Order”), in form and substance similar to that attached as “Exhibit A.“28 SECTION 3.The City Commission of the City of Boynton Beach, Florida, hereby 29 authorizes the Mayor to execute the Order and any ancillary documents required to accomplish 30 the purposes of the Order and this Resolution.31 32 56 SECTION 4.The executed Order shall be forwarded to Dr. Poonam Kalkat, Utilities 33 Director, to obtain execution of the Order by FDEP. Dr. Poonam Kalkat, Utilities Director, shall be 34 responsible for ensuring that one fully executed Order is returned to the City to be provided to 35 the Office of the City Attorney.36 SECTION 5.This Resolution shall take effect in accordance with law.37 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 57 BEFORE THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STATE OF FLORIDA DEPARTMENT ) IN THE OFFICE OF THE OF ENVIRONMENTAL PROTECTION ) SOUTHEAST DISTRICT ) v. ) OGC FILE NO. 23-1330 ) CITY OF BOYNTON BEACH ) ) CONSENT ORDER This Consent Order (Order) is entered into between the State of Florida Department of Environmental Protection (Department) and City of Boynton Beach (Respondent), pursuant to Section 120.57(4), Florida Statutes (F.S.), to settle certain matters at issue between the Department and Respondent. The Department finds, and Respondent neither admits nor denies the following: 1. The Department is the administrative agency of the State of Florida having the power and duty to protect Florida’s air and water resources and to administer and enforce the provisions of Chapter 403, Florida Statutes, and the rules promulgated and authorized in Title 62, Florida Administrative Code (F.A.C.). The Department has jurisdiction over the matters addressed in this Order. 2. The Respondent is a municipal corporation in the State of Florida and a person as defined in Section 403.031(5), F.S. 3. Respondent owns and operates the City of Boynton Beach Collection System (System), a system of pipes and lift stations that collect sewage in the City of Boynton Beach and delivers it to a regional wastewater treatment facility. The System does not operate under a DEP approved domestic wastewater permit; however, the following collection system ID has been generated by the Department for the System: FLSS0A486. The City of Boynton Beach Utilities offices are located in Palm Beach County at 124 E. Woolbright Road, Boynton Beach, Florida. Respondent owns the Property on which the System is located. 58 FDEP v. City of Boynton Beach Page 2 of 22 Consent Order 23-1330 4. The Department finds the following violation(s) occurred: a) For six (6) days, the System had an unauthorized discharge from the collection system, in violation of Rule 62-620.300, F.A.C., resulting in 22 million gallons of untreated wastewater being discharged into the Intracoastal Waterway, Class III marine waters of the state, which caused or contributed to a total of 9 days of exceedances of the surface water quality standard for Enterococci within the impacted surface water, in violation of Rules 62-604.130(1) and 62-302.530(6)(c), F.A.C., and b) The City of Boynton Beach Utilities Sewer Overflow Response Plan and Operation and Maintenance Manual was not updated as stipulated per Rule 62- 604.500(4)(b), F.A.C. Having reached a resolution of the matter, Respondent and the Department mutually agree, and it is ORDERED: 5. Respondent shall comply with the following corrective actions within the time periods set out herein: (a) Within 120 days of the effective date of this Order, Respondent shall submit to the Department a plan and schedule that outlines measures to be taken by the Respondent to reduce the number of SSOs from the System. The plan shall include but not be limited to methods by which Respondent can detect unauthorized discharges more rapidly. The plan and schedule shall adhere to the following: i. The completion date of the plan and schedule, including obtaining any necessary Department permit(s) or permit modification(s), shall be no later than three years from the effective date of this Order. ii. If the Department has any comments on the plan and/or schedule, it will provide such comments in writing no later than 45 days from the Department’s receipt of the plan. Respondent shall 59 FDEP v. City of Boynton Beach Page 3 of 22 Consent Order 23-1330 modify the plan to address Department comments and shall submit the modified plan within 60 days of receipt of Department comments. (b) Within 120 days of the effective date of this Consent Order, Respondent shall submit a plan and schedule (hereinafter, Lift Station Plan) to the Department for comment and approval to bring all of the System’s lift stations into compliance with the standards specified in the “Recommended Standards for Wastewater Facilities,” the current version of which is referenced in Rule 62-604.300(2)(g), F.A.C. The Lift Station Plan shall specifically describe how emergency pumping capability is provided for all pump stations, including during long-duration wide-spread power outages. (c) Within 270 days of the effective date of this Consent Order, Respondent shall develop a documented Capacity, Management, Operation, and Maintenance (CMOM) and Asset Management program in accordance with US EPA document 305-B-05-002 dated January 2005 (“Guide for Evaluating Capacity, Management, Operation, and Maintenance (CMOM) Programs at Sanitary Sewer Collection Systems”). (d) Within 365 days following Department acceptance of the documented Asset Management and CMOM program described in 5.(c)., Respondent shall fully implement for the entire System a documented Asset Management and Capacity, Management, Operation, and Maintenance (CMOM) program in accordance with US EPA document 305-B-05-002 dated January 2005 (“Guide for Evaluating Capacity, Management, Operation, and Maintenance (CMOM) Programs at Sanitary Sewer Collection Systems”). The CMOM shall address all pipes and conflict boxes located in tidally influenced areas, subject to corrosion and bedding/movement issues leading to pipe failure and be earlier than previously projected. (e) Within 120 days of the effective date of this Consent Order, Respondent shall submit to the Department a plan and schedule for conducting an 60 FDEP v. City of Boynton Beach Page 4 of 22 Consent Order 23-1330 inventory of and mapping conflict structures located throughout the System. The final completion date for the inventory and mapping shall be no later than two (2) years after the effective date of this Consent Order. (f) Every six (6) months after the effective date of this Order and continuing until all corrective actions have been completed, Respondent shall submit to the Department a written report containing information about the status and progress of projects being completed under this Order, information about compliance or noncompliance with the applicable requirements of this Order, including construction requirements and effluent limitations, and any reasons for noncompliance. These reports shall also include a projection of the work Respondent will perform pursuant to this Order during the 12-month period that will follow the report. It shall also document reasonable further progress in implementing the CMOM in accordance with sub- Paragraphs 5(c) and 5(d) of the Order. Respondent shall submit the reports to the Department within 30 days of the end of each six-month period ending July 31 and January 31 of each year. Respondent’s first report shall be due February, 2025. 6. Respondent’s completion of all corrective actions required in Paragraph 5(a)-(f) of this Order within the respective deadlines specified thereunder shall constitute full compliance with Chapter 62-604, F.A.C. 7. Within 30 days of the effective date of this Order, Respondent shall pay the Department $183,008.00 in settlement of the regulatory matters addressed in this Order. This amount includes $182,008.00 for civil penalties and $1,000.00 for costs and expenses incurred by the Department during the investigation of this matter and the preparation and tracking of this Order. The civil penalty, in this case, includes two violations that each warrant a penalty of $2,000.00 or more. 8. Respondent agrees to pay the Department stipulated penalties in the amount of $1,000.00 per day for each and every day Respondent fails to timely comply with any of the requirements of Paragraphs 5 and 6 of this Order. Additionally, Respondent shall pay the Department stipulated penalties for any discharges from the 61 FDEP v. City of Boynton Beach Page 5 of 22 Consent Order 23-1330 collection/transmission system. Respondent agrees to pay stipulated penalties as follows: Amount/day/discharge Discharge Volume $1,000.00 up to 5,000 gallons $2,000.00 5,001 to 10,000 gallons $5,000.00 10,001 to 25,000 gallons $10,000.00 25,001 to 100,000 gallons $15,000.00 in excess of 100,000 gallons 9. The Department may demand stipulated penalties at any time after violations occur during the effective period of this Order. Respondent shall pay stipulated penalties owed within 60 days of the Department’s issuance of a written demand for payment and shall do so as further described in Paragraph 10 below. Nothing in this paragraph shall prevent the Department from filing suit to specifically enforce any terms of this Order. Any stipulated penalties assessed under this paragraph shall be in addition to the civil penalties agreed to in Paragraph 7 of this Order. 10. Respondent shall make all payments required by this Order by cashier's check, money order, or online payment. Cashier’s check or money order shall be made payable to the “Department of Environmental Protection” and shall include both the OGC number (23-1330) assigned to this Order and the notation “Water Quality Assurance Trust Fund.” Online payments by e-check can be made by going to the DEP Business Portal at: http://www.fldepportal.com/go/pay/. Please note it may take a number of days after this order is final, effective, and filed with the Clerk of the Department before the ability to make online payment is available. 11. Except as otherwise provided, all submittals and payments required by this Order shall be sent to Denise Watts, Environmental Specialist II, Department of Environmental Protection, Southeast District Office, 3301 Gun Club Road, MSC 7210-1 West Palm Beach, FL 33406 or electronically to: Denise.Watts@FloridaDEP.gov. All submittals shall include the notation “OGC No. 23-1330” in the subject line. 62 FDEP v. City of Boynton Beach Page 6 of 22 Consent Order 23-1330 12. In-Kind Project Option for Civil Penalties: In lieu of making cash payment of $182,008.00 in civil and stipulated penalties as set forth in Paragraph 7 above, Respondent may elect to offset this amount by implementing an in-kind penalty project, which must be approved by the Department. An in-kind project must be either an environmental enhancement, environmental restoration, or a capital/system improvement project. The Department may also consider the donation of environmentally sensitive land as an in-kind project. The value of the in-kind penalty project shall be one and a half times the civil penalty offset amount, which, in this case, is the equivalent of at least $273,012.00. If Respondent chooses to implement an in-kind project, Respondent shall notify the Department of its election within 15 days of the effective date of this Consent Order. Notwithstanding the election to implement an in- kind project, payment of the remaining $1,000.00 in costs must be paid within 30 days of the effective date of this Consent Order. If Respondent elects to implement an in-kind project, Respondent shall comply with all the requirements and time frames in Exhibit A, entitled In-Kind Projects. 13. Pollution Prevention Project Option for Civil or Stipulated Penalties: In lieu of making a cash payment of $182,008.00 in civil penalties as set forth in Paragraph 7, Respondent may elect to off-set the amount by implementing a Pollution Prevention (P2) Project, which must be approved by the Department. P2 is a process improvement that reduces the amount of pollution that enters the environment by conserving resource (including water, raw materials, chemicals, and energy) use or by minimizing waste generation (including domestic and industrial wastewater, solid and hazardous waste, and air emissions). A P2 Project must reduce pollution or waste within the process beyond what is required by federal, state, or local law in order to be eligible for civil penalty offset under this Order. If Respondent chooses to implement a P2 Project, Respondent shall notify the Department of its election within 15 days of the effective date of this Order (for the civil penalties of $182,008.00) or within 15 days of notification by the Department that stipulated penalties are being assessed under Paragraph 8. Within 30 days of the effective date of this Order, Respondent must pay $1,000.00 for costs and 63 FDEP v. City of Boynton Beach Page 7 of 22 Consent Order 23-1330 expenses incurred by the Department during the investigation of this matter and the preparation and tracking of this Order. i. If Respondent elects to implement a P2 Project as provided in this Paragraph, Respondent shall submit a completed P2 Project Plan (Plan) within 60 days of the effective date of this Order. The Plan must be completed using Exhibit B, “P2 Project Plan” template. ii. In the event the Department requires additional information to process the Plan described in this Paragraph, Respondent shall provide a modified Plan containing the information requested by the Department within 15 days of the date of the request. iii. If any balance remains after the entire P2 credit is applied to the allowable portion of the civil penalty, Respondent shall pay the difference within 30 days of written notification by the Department to Respondent that the balance is due. 14. Respondent shall allow all authorized representatives of the Department access to the System and the Property at reasonable times for the purpose of determining compliance with the terms of this Order and the rules and statutes administered by the Department. 15. In the event of a sale or conveyance of the System or of the Property upon which the System is located, if all of the requirements of this Order have not been fully satisfied, Respondent shall, at least 30 days prior to the sale or conveyance of the System or Property, (i) notify the Department of such sale or conveyance, (ii) provide the name and address of the purchaser, operator, or person(s) in control of the System, and (iii) provide a copy of this Order with all attachments to the purchaser, operator, or person(s) in control of the System. The sale or conveyance of the System or the Property does not relieve Respondent of the obligations imposed in this Order. 16. If any event, including administrative or judicial challenges by third parties unrelated to Respondent, occurs which causes delay or the reasonable 64 FDEP v. City of Boynton Beach Page 8 of 22 Consent Order 23-1330 likelihood of delay in complying with the requirements of this Order, Respondent shall have the burden of proving the delay was or will be caused by circumstances beyond the reasonable control of Respondent and could not have been or cannot be overcome by Respondent's due diligence. Neither economic circumstances nor the failure of a contractor, subcontractor, materialman, or other agent (collectively referred to as “contractor”) to whom responsibility for performance is delegated to meet contractually imposed deadlines shall be considered circumstances beyond the control of Respondent (unless the cause of the contractor's late performance was also beyond the contractor's control). Upon occurrence of an event causing delay, or upon becoming aware of a potential for delay, Respondent shall notify the Department by the next working day and shall, within seven calendar days, notify the Department in writing of (i) the anticipated length and cause of the delay, (ii) the measures taken or to be taken to prevent or minimize the delay, and (iii) the timetable by which Respondent intends to implement these measures. If the parties can agree that the delay or anticipated delay has been or will be caused by circumstances beyond the reasonable control of Respondent, the time for performance hereunder shall be extended. The agreement to extend compliance must identify the provision or provisions extended, the new compliance date or dates, and the additional measures Respondent must take to avoid or minimize the delay, if any. Failure of Respondent to comply with the notice requirements of this paragraph in a timely manner constitutes a waiver of Respondent's right to request an extension of time for compliance for those circumstances. 17. The Department, for and in consideration of the complete and timely performance by Respondent of all the obligations agreed to in this Order, hereby conditionally waives its right to seek judicial imposition of damages or civil penalties for the violations described above up to the date of the filing of this Order. This waiver is conditioned upon Respondent’s complete compliance with all of the terms of this Order. 65 FDEP v. City of Boynton Beach Page 9 of 22 Consent Order 23-1330 18. This Order is a settlement of the Department’s civil and administrative authority arising under Florida law to resolve the matters addressed herein. This Order is not a settlement of any criminal liabilities which may arise under Florida law, nor is it a settlement of any violation which may be prosecuted criminally or civilly under federal law. Entry of this Order does not relieve Respondent of the need to comply with applicable federal, state, or local laws, rules, or ordinances. 19. The Department hereby expressly reserves the right to initiate appropriate legal action to address any violations of statutes or rules administered by the Department that are not specifically resolved by this Order. 20. Respondent is fully aware that a violation of the terms of this Order may subject Respondent to judicial imposition of damages, civil penalties up to $15,000.00 per day per violation, and/or criminal penalties. 21. Respondent acknowledges and waives its right to an administrative hearing pursuant to sections 120.569 and 120.57, F.S., on the terms of this Order. Respondent also acknowledges and waives its right to appeal the terms of this Order pursuant to section 120.68, F.S. 22. The terms and conditions set forth in this Order may be enforced in a court of competent jurisdiction pursuant to sections 120.69 and 403.121, F.S. Failure to comply with the terms of this Order constitutes a violation of section 403.161(1)(b), F.S. 23. This Consent Order is a final order of the Department pursuant to section 120.52(7), F.S., and it is final and effective on the date filed with the Clerk of the Department unless a Petition for Administrative Hearing is filed in accordance with Chapter 120, F.S. Upon the timely filing of a petition, this Consent Order will not be effective until further order of the Department. 24. Respondent shall publish the following notice in a newspaper of daily circulation in Palm Beach County, Florida. The notice shall be published one time only within 30 days of the effective date of the Order. Respondent shall provide the Department a certified copy of the published notice within 10 days of publication. 66 FDEP v. City of Boynton Beach Page 10 of 22 Consent Order 23-1330 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION NOTICE OF CONSENT ORDER The Department of Environmental Protection (“Department”) gives notice of agency action of entering into a Consent Order with CITY OF BOYNTON BEACH pursuant to section 120.57(4), Florida Statutes. The Consent Order addresses the Sanitary Sewer Overflow described in State Watch Office # 2023-5384 at impacting the Intracoastal Waterway near East Ocean Boulevard in Boynton Beach. The Consent Order is available for public inspection during normal business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday, except legal holidays, at the Department of Environmental Protection, 3301 Gun Club Road, MSC 7210-1 West Palm Beach, FL 33406 Persons who are not parties to this Consent Order but whose substantial interests are affected by it have a right to petition for an administrative hearing under sections 120.569 and 120.57, Florida Statutes. Because the administrative hearing process is designed to formulate final agency action, filing a petition concerning this Consent Order means that the Department’s final action may differ from the position it has taken in the Consent Order. The petition for an administrative hearing must contain all of the following information: a) The name and address of each agency affected and each agency’s file or identification number (Consent Order 23-1330); b) The name, address, e-mail address, facsimile number, and telephone number of the petitioner if the petitioner is not represented by an attorney or a qualified representative; 67 FDEP v. City of Boynton Beach Page 11 of 22 Consent Order 23-1330 c) The name, address, and telephone number of the petitioner’s representative (if any), which shall be the address for service purposes during the course of the proceeding; d) An explanation of how the petitioner’s substantial interests will be affected by the agency determination; e) A statement of when and how the petitioner received notice of the agency decision; f) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; g) A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the agency’s proposed action; h) A statement of the specific rules or statutes the petitioner contends require reversal or modification of the agency’s proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and i) A statement of the relief sought by the petitioner, stating precisely the action petitioner wishes the agency to take with respect to the agency’s proposed action. The petition must be filed (received) at the Department's Office of General Counsel, 3900 Commonwealth Boulevard, MS# 35, Tallahassee, Florida 32399-3000 or received via electronic correspondence at Agency_Clerk@floridadep.gov, within 21 days of receipt of this notice. A copy of the petition must also be mailed at the time of filing to the Southeast District Office at 3301 Gun Club Road, MSC 7210-1 West Palm Beach, FL 33046. Failure to file a petition within the 21-day period constitutes a person’s waiver of the right to request an administrative hearing and to participate as a party to this proceeding under sections 120.569 and 120.57, Florida Statutes. Before the deadline for filing a petition, a person whose substantial interests are affected by this Consent Order 68 FDEP v. City of Boynton Beach Page 12 of 22 Consent Order 23-1330 may choose to pursue mediation as an alternative remedy under section 120.573, Florida Statutes. Choosing mediation will not adversely affect such a person’s right to request an administrative hearing if mediation does not result in a settlement. Additional information about mediation is provided in section 120.573, Florida Statutes and Rule 62- 110.106(12), Florida Administrative Code. 25. Electronic signatures or other versions of the parties’ signatures, such as .pdf or facsimile, shall be valid and have the same force and effect as originals. 26. No modifications of the terms of this Order will be effective until reduced to writing, executed by both Respondent and the Department, and filed with the clerk of the Department. 27. The rules referenced in this Consent Order may be examined at any Department Office or may be obtained by written request to the District Office referenced in Paragraph 11 above. The rules referenced in this Consent Order are also available at: https://floridadep.gov/ogc/ogc/content/rules. 69 FDEP v. City of Boynton Beach Page 13 of 22 Consent Order 23-1330 FOR THE RESPONDENT: CITY OF BOYNTON BEACH The undersigned certifies that as the Mayor of the City of Boynton Beach, he is authorized and empowered to negotiate, enter into and execute, in the name and on behalf of the Respondent, CITY OF BOYNTON BEACH, this Consent Order, entered into between Respondent and the State of Florida Department of Environmental Protection. Ty Penserga, Date Mayor, City of Boynton Beach 70 FDEP v. City of Boynton Beach Page 14 of 22 Consent Order 23-1330 DONE AND ORDERED this # day of Month, Year, in County, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Sirena Davila District Director Southeast District Filed, on this date, pursuant to section 120.52, F.S., with the designated Department Clerk, receipt of which is hereby acknowledged. ____________________________ __________________ Clerk Date Copies furnished to: - Kathryn Rossmell, Esq., Counsel for Respondent (krossmell@llw-law.com) - FDEP Agency Clerk – Lea Crandall - Kelley F. Corbari, FDEP Sr. Asst. General Counsel Kelley.Corbari@FloridaDEP.gov 71 FDEP v. City of Boynton Beach Page 15 of 22 Consent Order 23-1330 EXHIBIT A IN-KIND PROJECTS Introduction Proposal a. Within 60 days of the effective date of this Consent Order, or of the Department’s notification that applying stipulated penalties to an in-kind project is acceptable, Respondent shall submit a detailed in-kind project proposal to the Department for evaluation. The proposal shall include a summary of benefits, proposed schedule for implementation and documentation of the estimated costs which are expected to be incurred to complete the project. These costs shall not include those incurred in developing the proposal or obtaining approval from the Department for the in-kind project. b. If the Department requests additional information or clarification due to a partially incomplete in-kind project proposal or requests modifications due to deficiencies with Department guidelines, Respondent shall submit all requested additional information, clarification, and modifications within 15 days of receipts of written notice. c. If upon review of the in-kind project proposal, the Department determines that the project cannot be accepted due to a substantially incomplete proposal or due to substantial deficiencies with minimum Department guidelines; Respondent shall be notified, in writing, of the reason(s) which prevent the acceptance of the proposal. Respondent shall correct and redress all the matters at issue and submit a new proposal within 30 days of receipt of written notice. In the event that the revised proposal is not approved by the Department, Respondent shall make cash payment of the penalties as set forth in paragraph 7 above, within 30 days of Department notice. d. Within 120 days of the effective date of this Consent Order, or of the Department’s notification that applying stipulated penalties to an in-kind project is acceptable, Respondent shall obtain approval for an in-kind project from the Department. If an in-kind project proposal is not approved by the Department within 120 days of the effective date of this Consent Order or of the Department’s notification that applying stipulated penalties to an in- kind project is acceptable, then Respondent shall make cash payment of the stipulated penalties 72 FDEP v. City of Boynton Beach Page 16 of 22 Consent Order 23-1330 as set forth in paragraph 7 above, within 30 days of Department notice. e. Within 180 days of obtaining Department approval for the in-kind proposal or in accordance with the approved schedule submitted pursuant to paragraph (a) above, Respondent shall complete the entire in-kind project. f. During the implementation of the in-kind project, Respondent shall place appropriate sign(s) at the project site indicating that Respondent’s involvement with the project is the result of a Department enforcement action. Respondent may remove the sign(s) after the project has been completed. However, after the project has been completed Respondent shall not post any sign(s) at the site indicating that the reason for the project was anything other than a Department enforcement action. g. In the event Respondent fails to timely submit any requested information to the Department, fails to complete implementation of the in-kind project or otherwise fails to comply with any provision of this paragraph, the in-kind penalty project option shall be forfeited, and the entire amount of civil penalties shall be due from the Respondent to the Department within 30 days of Department notice. If the in-kind penalty project is terminated and Respondent timely remits the cash payment of assessed penalty, no additional penalties shall be assessed for failure to complete the requirement of this paragraph. h. Within 15 days of completing the in-kind project, Respondent shall notify the Department of the project completion and request a verification letter from the Department. Respondent shall submit supporting information verifying that the project was completed in accordance with the approved proposal and documentation showing the actual costs incurred to complete the project. These costs shall not include those incurred in developing the proposal or obtaining approval from the Department for the project. i. If upon review of the notification of completion, the Department determines that the project cannot be accepted due to a substantially incomplete notification of completion or due to substantial deviations from the approved in-kind project; Respondent shall be notified, in writing, of the reason(s) which prevent the acceptance of the project. Respondent shall correct and redress all the matters at issue and submit a new notification of completion within 15 days of receipt of the Department’s notice. If upon review of the new submittal, the Department determines that the in-kind project is still incomplete or not in accordance with the 73 FDEP v. City of Boynton Beach Page 17 of 22 Consent Order 23-1330 approved proposal, the in-kind penalty project option shall be forfeited, and the entire amount of the assessed penalty shall be due from the Respondent to the Department within 30 days of Department notice. If the in-kind penalty project is terminated and Respondent timely remits the cash payment of the assessed penalty, no additional penalties shall be assessed for failure to complete the requirements of this paragraph. 74 FDEP v. City of Boynton Beach Page 18 of 22 Consent Order 23-1330 EXHIBIT B P2 PROJECTS P2 Project Plan (Plan) (Note: Provide the information specified and delete existing text within parentheses) (Facility Name) (Address) (Telephone) (Preparer Name/Title) A. Project Description: (Summarize P2 Projects selected. Describe the processes or operations to be modified, and the specific changes to be made. Include details such as the specific equipment to be installed, materials to be substituted, and the actual changes to be made to processes or operations. Include manufacturer or vendor information, and specifications.) B. Environmental and Economic Benefits: (Explain why and how each Project proposed constitutes P2. Specify how each material, chemical, water and energy is saved, and from which processes or operations. Specify how each solid and hazardous waste, industrial wastewater and air emissions are generated, the waste type, and from which processes or operations. Describe generally in paragraph format. Estimate the annual savings in resources - raw materials, chemicals, water, and energy at the process or operation front end. Estimate the annual reductions in wastes - solid and hazardous waste, wastewater, and air emission reductions at the process or operation back end. Figures quoted should represent weights or volumes annually, and should be equalized for production rate changes. Associated cost savings should be included. Describe specifically using the tables provided. Complete the first table for each per Project individually. Add or average corresponding figures from each Project table to complete the Plan table, for multiple Projects.) (Project Name) Annual Resource Consumption Comparison Item Quantity Used (gal/lb/kwh-specify) Purchasing Cost ($) Percent (%) Reduction Before After Reduction Before After Reduction Water 75 FDEP v. City of Boynton Beach Page 19 of 22 Consent Order 23-1330 Chemicals Materials Energy Total Annual Cost Savings = Annual Waste Generation Comparison Item Quantity Generated (gal/lb/tons- specify) Disposal Cost ($) Percent (%) Reduction Before After Reduction Before After Reduction Hazardous Waste Industrial Wastewater Solid Waste Air Emissions Total Annual Cost Savings = Total Annual Avoided Cost Savings = Summary of All P2 Projects Annual Resource Consumption Comparison Item Quantity Used (gal/lb/kwh-specify) Purchasing Cost ($) Percent (%) Reduction Before After Reduction Before After Reduction Water Chemicals Materials Energy Total Annual Cost Savings = Annual Waste Generation Comparison Item Quantity Generated (gal/lb/tons- specify) Disposal Cost ($) Percent (%) Reduction Before After Reduction Before After Reduction Hazardous Waste Industrial Wastewater Solid Waste Air Emissions Total Annual Cost Savings = Total Annual Avoided Cost Savings = C. Project Cost: (Include per Project the itemized, subtotal and Project total costs. A projected payback period in months or years needs to be included. Provide a grand total cost for all Projects and an averaged projected payback period, for multiple 76 FDEP v. City of Boynton Beach Page 20 of 22 Consent Order 23-1330 Projects. Use list or table format for all.) D. Implementation Schedule: (Provide a brief discussion of the steps necessary to implement the Projects and expected time frames for completion. A table or list format is preferred. The schedule shall include a list of milestones with dates, or timeframes based on Plan approval date, including Progress and Final Report submittals. Provide a description of any anticipated problems and options. The implementation should take no longer than six months to complete.) E. Project Reporting: 1. Within 90 days of approval of the Project Plan, the Respondent shall submit a P2 Project Progress Report to the Department that describes the Respondent's progress in implementing the P2 Project and meeting the requirements in the Plan, and includes a list of equipment ordered, purchased, and/or installed. 2. Within 180 days of approval of the Plan, the Respondent shall submit to the Department a P2 Project Final Report that includes the following. a. A confirmation that the information presented in Sections A-C of the Summary is unchanged, or an updated version with the sections changed appropriately. A statement that the Project(s) was/were implemented successfully. An explanation of any problems encountered and corrections applied. b. Attached expense reports, receipts, purchasing instruments and other documents itemizing costs expended on preparing and implementing the Project. 3. The Department shall review the Final Report and determine: a. Whether the project was properly implemented; and b. Which expenses apply toward pollution prevention credits. 4. A $1.00 pollution prevention credit for each $1.00 spent on applicable costs will be applied against the portion of the civil penalty that can be offset. a. The following costs are allowable to offset the allowable amount of the civil penalty: i. Preparation of the P2 Project; ii. Design of the P2 Project; iii. Installation of equipment for the P2 Project; iv. Construction of the P2 Project; v. Testing of the P2 Project; vi. Training of staff concerning the implementation of the P2 Project; and vii. Capital equipment needed for the P2 Project. b. The following costs shall not apply toward P2 credit: i. Costs incurred in conducting a waste audit; ii. Maintenance and operation costs involved in implementing the P2 Project; iii. Monitoring and reporting costs; 77 FDEP v. City of Boynton Beach Page 21 of 22 Consent Order 23-1330 iv. Salaries of employees who perform their job duties; v. Costs expended to bring the facility into compliance with current law, rules and regulations; vi. Costs associated with a P2 Project that is not implemented; vii. Costs associated with a P2 Project that has not been approved by the Department; and viii. Legal costs. c. If any balance remains after the entire P2 credit is applied to the allowable portion of the civil penalty, Respondent shall pay the difference within 30 days of written notification by the Department to the Respondent that the balance is due. 5. The Department may terminate the P2 Project at any time during the development or implementation of it, if the Respondent fails to comply with the requirements in this document, act in good faith in preparing and implementing the project, or develop and implement the P2 Project in a timely manner. The Respondent may terminate the P2 Project at any time during its development or implementation. 78 FDEP v. City of Boynton Beach Page 22 of 22 Consent Order 23-1330 EXHIBIT C P2 PROJECTS P2 Project Progress/Final Report (Report) (Note: Provide the information specified and delete existing text within parentheses) (Facility Name) (Address) (Telephone) (Preparer Name/Title) A. Project Description: (Confirm that the Project(s) were implemented as originally described in the P2 Project Summary/Plan, or explain and justify any changes made. Summarize any changes made from the original description by revising details for equipment installed, materials substituted, and the actual changes made to processes or operations. Include any changed manufacturer or vendor information, and specifications.) B. Environmental and Economic Benefits: (Confirm that the natures and types of resources, and wastes predicted to be affected in the original Summary/Plan, are unchanged. Describe and explain any notable changes in resources saved up front, or wastes reduced at back of affected processes, or operations. Specify the types and nature of each change. Update the original table, as applicable.) Insert the original table(s) from this Section of the Summary or Plan. Update information for any changed resource or wastes. Correct numbers presented in the table(s) for any parameters actually monitored – only if results monitoring was included as part of implementation in the original Summary or Plan.) C. Project Cost: (Include per Project the actual itemized, subtotal and project total costs realized for each element and component of the project – including any changed items or costs. The projected payback period in months or years needs to be confirmed or corrected. Provide a grand total cost for all Projects and an averaged projected payback period, for multiple Projects. Use list or table format for all.) D. Project Reporting: (Indicate both the dates the Project was started and completed. Confirm that the information presented in Sections A-C of the Plan is unchanged, or that sections have been changed appropriately. Provide a statement that the Project(s) was/were implemented successfully, and explanation of potential problems and corrections applied. Attach expense reports, receipts, purchasing instruments and other documents itemizing costs expended on preparing and implementing the Projects.) 79 City of Boynton Beach Agenda Item Request Form 6.D Consent Agenda 10/15/2024 Meeting Date: 10/15/2024 Proposed Resolution No. R24-242- 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. R24-242. 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: R24-242 Agenda_Item_2173-2023_Resolution_for_Nuisance_Abatement_Lien.docx Exhibit A to Resolution - for PEAK 10.15.2024 ( 2 ).pdf 80 RESOLUTION NO. R24-2421 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, APPROVING AND AUTHORIZING THE ASSESSMENT 4 AND RECORDING OF NUISANCE ABATEMENT LIENS AGAINST 5 PROPERTIES IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, 6 FLORIDA, WITHIN 60 DAYS AFTER ADOPTION OF THIS RESOLUTION; 7 AND PROVIDING AN EFFECTIVE DATE.8 9 WHEREAS, in accordance with the Municipal Lien Procedure on file in the City of Boynton 10 Beach, the attached list contains the addresses of properties cited by Community Standards for 11 nuisances abated by a City-contracted vendor; and12 WHEREAS, the owners of the parcel(s) of property hereinafter described were invoiced by 13 the Finance Department in an effort to recoup these costs with no response within the required 14 30-day period; and 15 WHEREAS, said nuisance was not abated as required; and16 WHEREAS, all of the property owners listed in the attached Exhibit “A” were sent letters 17 offering them an opportunity to remit payment within 30 days to avoid incurring a lien on their 18 property; and19 WHEREAS, Community Standards has made a report of costs actually incurred by the City 20 and abatement of said nuisance as to the property(s) involved, which is described in Exhibit “A” 21 attached to this Resolution; and22 WHEREAS, upon passage of this Resolution, the property owners will be furnished with a 23 copy of this Resolution and given one more opportunity to remit all costs associated with the 24 abatement in full within 30 days after the passage of this Resolution before transmittal to the 25 County for recordation of Liens.26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 27 BEACH, FLORIDA, AS FOLLOWS:28 SECTION 1: Each Whereas clause set forth above is true and correct and incorporated 29 herein by this reference.30 SECTION 2: The amount of costs incurred by the City and the abatement of the above-31 described nuisance as to the parcels of land owned and indicated to wit:32 81 SEE ATTACHED EXHIBIT “A”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 82 Nuisance Abatement cases - Oct 15th , meeting First Name Last Name Company Name Mailing Address PCN Nuisance Abatement Property Address Case# Invoice Invoiced Amount Amount Owed + $30 GETA REAL ESTATE LLC 608 WEST ST TACOMA WA 98404 - 1893 08-43-45-28-22-008-0450 301 SW 9TH AVE 24-1472 92001 $1,488.09 $1,518.09 GETA REAL ESTATE LLC 608 WEST ST TACOMA WA 98404 - 1893 08-43-45-28-22-008-0450 301 SW 9TH AVE 24-2303 94581 $613.09 $643.09 DIANE COPELAND 13233 S MILITARY TRAIL DELRAY BEACH, FL 33484-1109 08-43-45-28-12-020-0110 902 S SEACREST BLVD 24-2304 94579 $488.09 $518.09 DOUGLAS FEELEY 331 NE 24TH AVE BOYNTON BEACH, FL 33435 08-43-45-15-07-007-0040 331 NE 24TH AVE 24-2187 $513.09 $543.09 EXHIBIT A 83 City of Boynton Beach Agenda Item Request Form 6.E Consent Agenda 10/15/2024 Meeting Date: 10/15/2024 Proposed Resolution No. R24-243- Approve the award of City of Boynton Beach Main Roadway Sidewalk Pressure Cleaning Project to ET Pressure Cleaning by waiving the procurement policy to promote local businesses in the amount of $70,224 plus a 10% contingency amount of $7,022.40 for a total estimated amount of $77,246.40. Requested Action: Staff recommends approval of Proposed Resolution No. R24-243. Explanation of Request: At the direction of the Commission, staff solicited local pressure cleaning vendors to obtain quotes for City of Boynton Beach Main Roadway Sidewalk Pressure Cleaning Project with the goal to provide business to local vendors. The quotes included work to be performed in the following areas: Congress Ave Seacrest Blvd Federal Highway Lawrence Road (From Hypoluxo South to Gateway) Gateway Blvd Boynton Beach Blvd Woolbright Road The final tabulation of quotes are as follows: 1. ET Pressure Cleaning - $70,224 in 57 days 2. A to Z Pressure Cleaning - $91,290 in 31 days 3. AAC Pressure Cleaning - $98,356 in 30 days 4. Justin Cox - $111,664 in 68 days 5. Majic Touch - $115,250.00 in 122 days Procurement policy states that any solicitation over $50,000 requires a formal bid. The Commission may waive this if it is determined to be in the best interest of the City. If the Commission decides to follow procurement policy and solicit a formal bid, there is no guarantee that a local vendor will be selected. How will this affect city programs or services? This will provide business to local vendors and improve the appearance of major roadways within the City. Attachments: 84 R24-243 Agenda_Item_2208-2023_Resolution_for_ET_Pressure_Cleaning.docx Exhibit A to Resolution - Quotes.pdf 85 RESOLUTION NO. R24-2431 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, APPROVING THE PURCHASE OF PRESSURE 4 WASHING SERVICES FROM ET PRESSURE CLEANING LLC FOR THE 5 MAIN ROADWAY SIDEWALK PRESSURE CLEANING PROJECT BY 6 WAIVING THE PROCUREMENT POLICY FOR AN AMOUNT OF 7 $77,246.40; AND FOR ALL OTHER PURPOSES. 8 9 WHEREAS, at the direction of the Commission, staff solicited local pressure cleaning 10 vendors to obtain quotes for City of Boynton Beach Main Roadway Sidewalk Pressure Cleaning 11 Project with the goal to provide business to local vendors; and12 WHEREAS, the quotes included work to be performed in the following areas:13 Congress Ave14 Seacrest Blvd15 Federal Highway16 Lawrence Road (From Hypoluxo South to Gateway)17 Gateway Blvd18 Boynton Beach Blvd19 Woolbright Road; and 20 WHEREAS, the final tabulation of quotes are as follows:21 1. ET Pressure Cleaning -$70,224 in 57 days22 2. A to Z Pressure Cleaning -$91,290 in 31 days23 3. AAC Pressure Cleaning -$98,356 in 30 days24 4. Justin Cox -$111,664 in 68 days25 5. Majic Touch -$115,250.00 in 122 days; and 26 WHEREAS, the Procurement policy states that any solicitation over $50,000 requires a 27 formal bid. The Commission may waive this if it is determined to be in the best interest of the City. 28 If the Commission decides to follow procurement policy and solicit a formal bid, there is no 29 guarantee that a local vendor will be selected; and 30 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 31 best interests of the city's citizens and residents to approve the purchase of pressure washing 32 86 services from ET Pressure Cleaning LLC for the Main Roadway Sidewalk Pressure Cleaning Project 33 by waiving the procurement policy for an amount of $77,246.40.34 35 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 36 BEACH, FLORIDA, THAT:37 SECTION 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 38 being true and correct and are hereby made a specific part of this Resolution upon adoption.39 SECTION 2.The City Commission of the City of Boynton Beach, Florida, does hereby 40 approve the purchase of pressure washing services from ET Pressure Cleaning LLC for the Main 41 Roadway Sidewalk Pressure Cleaning Project by waiving the procurement policy for an amount of 42 $77,246.40, as further detailed in “Exhibit A.“43 SECTION 3.The City Commission of the City of Boynton Beach, Florida, hereby 44 authorizes the City Manager or designee to execute any ancillary documents necessary to 45 accomplish the purposes of this Resolution.46 SECTION 4.This Resolution shall take effect in accordance with law.47 48 [signatures on the following page]49 50 87 PASSED AND ADOPTED this ______________ day of ______________________________ 2024.51 CITY OF BOYNTON BEACH, FLORIDA52 YES NO53 Mayor – Ty Penserga __________54 55 Vice Mayor – Aimee Kelley __________56 57 Commissioner – Angela Cruz __________58 59 Commissioner – Woodrow L. Hay __________60 61 Commissioner – Thomas Turkin __________62 63 VOTE ______64 ATTEST:65 66 ___________________________________________________________67 Maylee De Jesús, MPA, MMC Ty Penserga68 City Clerk Mayor69 70 APPROVED AS TO FORM:71 (Corporate Seal)72 73 _______________________________74 Shawna G. Lamb75 City Attorney76 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 City of Boynton Beach Agenda Item Request Form 6.F Consent Agenda 10/15/2024 Meeting Date: 10/15/2024 Proposed Resolution No. R24-244- Approving and authorizing the Mayor to sign a land use agreement between the City of Boynton Beach and 209 E. Ocean Investors, LLC, for the 2024 Pirate Fest event on Saturday, October 26, 2024 and Sunday, October 27, 2024. Requested Action: Staff recommends approval of Proposed Resolution No. R24-244. Explanation of Request: The City has received permission from the property owner to use the following property for 2024 Pirate Fest event: 209 East Ocean Avenue, Boynton Beach, FL 33435. How will this affect city programs or services? This agreement provides an additional event space for the 2024 Pirate Fest event. Fiscal Impact: There is no cost related to the temporary use of this property. Attachments: R24-244 Agenda_Item_2212-2023_Resolution_for_209_E_Ocean_Property_Use_Agmt.docx Exhibit A to Resolution - 24 - 209 E Ocean - Agreement for Use of Property.pdf 111 RESOLUTION NO. R24-2441 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, APPROVING AN AGREEMENT FOR THE USE OF 4 PROPERTY WITH 209 EAST OCEAN INVESTORS, LLC, FOR THE USE OF 5 PARKING LOTS FOR THE 2024 PIRATE FEST EVENT; AND FOR ALL 6 OTHER PURPOSES. 7 8 WHEREAS, 209 East Ocean Investors, LLC (“Owner”) owns certain property located at 209 9 East Ocean Avenue, Boynton Beach, Florida 33435; and 10 WHEREAS, the City desires to use the parking lots located on the Property for the Pirate 11 Fest event taking place on Saturday, October 26, 2024, and Sunday, October 27, 2024; and 12 WHEREAS, the Owner desires to permit the City to use the Property for event parking; 13 and14 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 15 best interests of the city's citizens and residents to approve an Agreement for the Use of Property 16 with 209 East Ocean Investors, LLC for the use of the parking lots for the 2024 Pirate Fest Event. 17 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 19 BEACH, FLORIDA, THAT:20 SECTION 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 21 being true and correct and are hereby made a specific part of this Resolution upon adoption.22 SECTION 2.The City Commission of the City of Boynton Beach, Florida, does hereby 23 approve an Agreement for Use of Property between 209 East Ocean Investors, LLC and the City 24 for the use of the parking lots for the 2024 Pirate Fest Event (the “Agreement”), in form and 25 substance similar to that attached as “Exhibit A.“26 SECTION 3.The City Commission of the City of Boynton Beach, Florida, hereby 27 authorizes the Mayor to execute the Agreement and such other related documents as may be 28 necessary to accomplish the purpose of this Resolution.29 SECTION 4.The fully executed Agreement shall be retained by the City Clerk as a public 30 record of the City. A copy of the fully executed Agreement shall be provided to Gabrielle Favitta31 to forward to the Owner.32 112 SECTION 5.This Resolution shall take effect in accordance with law.33 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 113 114 115 116 117 118 119 120 121 City of Boynton Beach Agenda Item Request Form 6.G Consent Agenda 10/15/2024 Meeting Date: 10/15/2024 Proposed Resolution No. R24-245- Approving and authorizing the Mayor to sign a land use agreement between the City of Boynton Beach and BB North, LLC, for the 2024 Pirate Fest event on Saturday, October 26, 2024, and Sunday, October 27, 2024. Requested Action: Staff recommends approval of Proposed Resolution No. R24-245. Explanation of Request: The City has received permission from the property owner to use the following properties for 2024 Pirate Fest event attendees: 405 E. Ocean Avenue; E. Ocean Avenue; 413 E. Ocean Avenue; NE 1st Ave.; and NE 3rd Street. This agreement requires the City to indemnify the property owner for any claims arising from the City’s use of the property. Only the City Commission has the authority to accept this risk. How will this affect city programs or services? This agreement provides an additional event space parking option for those that would like to attend the 2024 Pirate Fest event. Fiscal Impact: There is no cost related to the temporary use of this property. Attachments: R24-245 Agenda_Item_2213-2023_Resolution_for_BB_North_Property_Use_Agmt.docx Exhibit A to Resolution - BB North LLC - Signed.pdf 122 RESOLUTION NO. R24-2451 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, APPROVING AN AGREEMENT FOR THE USE OF 4 PROPERTY WITH BB NORTH, LLC FOR ACTIVITIES RELATED TO THE 5 2024 PIRATE FEST EVENT; AND FOR ALL OTHER PURPOSES. 6 7 WHEREAS, BB North, LLC (“Owner”) owns certain property as further described in Exhibit 8 A of the Agreement; and 9 WHEREAS, the City desires to use the property for activities related to the 2024 Pirate Fest 10 event taking place on Saturday, October 26, 2024, and Sunday, October 27, 2024; and 11 WHEREAS, the Owner desires to permit the City to use the Property for the event; and12 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 13 best interests of the city's citizens and residents to approve an Agreement for the Use of Property 14 with BB North, LLC for activities related to the 2024 Pirate Fest Event. 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 an Agreement for the Use of Property with BB North, LLC for activities related to the 2024 22 Pirate Fest Event (the “Agreement”), in form and substance similar to that attached as “Exhibit 23 A.“24 SECTION 3.The City Commission of the City of Boynton Beach, Florida, hereby 25 authorizes the Mayor to execute the Agreement and such other related documents as may be 26 necessary to accomplish the purpose of this Resolution.27 SECTION 4.The fully executed Agreement shall be retained by the City Clerk as a public 28 record of the City. A copy of the fully executed Agreement shall be provided to Gabrielle Favitta29 to forward to the Owner.30 SECTION 5.This Resolution shall take effect in accordance with law.31 32 123 33 PASSED AND ADOPTED this ______________ day of ______________________________ 2024.34 CITY OF BOYNTON BEACH, FLORIDA35 YES NO36 Mayor – Ty Penserga __________37 38 Vice Mayor – Aimee Kelley __________39 40 Commissioner – Angela Cruz __________41 42 Commissioner – Woodrow L. Hay __________43 44 Commissioner – Thomas Turkin __________45 46 VOTE ______47 ATTEST:48 49 ___________________________________________________________50 Maylee De Jesús, MPA, MMC Ty Penserga51 City Clerk Mayor52 53 APPROVED AS TO FORM:54 (Corporate Seal)55 56 _______________________________57 Shawna G. Lamb58 City Attorney59 124 125 126 127 128 129 130 City of Boynton Beach Agenda Item Request Form 6.H Consent Agenda 10/15/2024 Meeting Date: 10/15/2024 Proposed Resolution No. R24-246- Approving and authorizing the Mayor to sign a land use agreement between the City of Boynton Beach and BB1 Development, LLC for the 2024 Pirate Fest event on Saturday, October 26, 2024 and Sunday, October 27, 2024. Requested Action: Staff recommends approval of Proposed Resolution No. R24-246. Explanation of Request: The City has received permission from the property owner to use the following property to provide free public parking for 2024 Pirate Fest event attendees: 114 N Federal Hwy and 222 N Federal Hwy. Attendees will have the option to park in the lots during the duration of the 2024 Pirate Fest event. This agreement requires the City to indemnify the property owner for any claims arising from the City’s use of the property. Only the City Commission has the authority to accept this risk. How will this affect city programs or services? Parking is very limited in the Town Square area and this agreement provides an additional parking option for those that would like to attend the 2024 Pirate Fest event. Fiscal Impact: There is no cost related to the temporary use of this property. Attachments: R24-246 Agenda_Item_2214- 2023_Resolution_for_BB1_Development_Property_Use_Agmt.docx Exhibit A to Resolution - BB1- AGREEMENT FOR USE OF PROPERTY-REV (1) (002).pdf 131 RESOLUTION NO. R24-2461 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, APPROVING AN AGREEMENT FOR THE USE OF 4 PROPERTY WITH BB1 DEVELOPMENT, LLC, FOR THE USE OF PARKING 5 LOTS FOR THE 2024 PIRATE FEST EVENT; AND FOR ALL OTHER 6 PURPOSES. 7 8 WHEREAS, BB1 Development, LLC (“Owner”) owns certain property located at 114 N 9 Federal Highway, Boynton Beach, Florida 33435, and 222 N Federal Highway, Boynton Beach, 10 Florida 33435; and 11 WHEREAS, the City desires to use the parking lots located on the Property for the Pirate 12 Fest event taking place on Saturday, October 26, 2024, and Sunday, October 27, 2024; and 13 WHEREAS, the Owner desires to permit the City to use the Property for event parking; 14 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 an Agreement for the Use of Property 17 with BB1 Development, LLC, for the use of the parking lots for the 2024 Pirate Fest Event. 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 an Agreement for Use of Property between BB1 Development, LLC, and the City for the 25 use of the parking lots for the 2024 Pirate Fest Event (the “Agreement”), in form and substance 26 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 and such other related documents as may be 29 necessary to accomplish the purpose of this Resolution.30 SECTION 4.The fully executed Agreement shall be retained by the City Clerk as a public 31 record of the City. A copy of the fully executed Agreement shall be provided to Gabrielle Favitta32 132 to forward to the Owner.33 SECTION 5.This Resolution shall take effect in accordance with law.34 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 133 Page 1 of 5 AGREEMENT FOR USE OF PROPERTY THIS AGREEMENT FOR USE OF PROPERTY (“Agreement”) is made this ___ day of __________, 2024, by and between the City of Boynton Beach (“City”) and BB1 Development, LLC its officers, employees, successors and assigns (“Owner”). WITNESSETH: WHEREAS, Owner warrants that it owns that certain property located at 114 N Federal Hwy, Boynton Beach, FL 33435 (Parcel Number: 08-43-45-27-01-000-0410), 222 N Federal Hwy, Boynton Beach, FL 33435 (Parcel Number: 08-43-45-27-02-000-0010), (the “Property”); and WHEREAS, the City desires to use the parking lots located on the Property for parking for an event taking place on Saturday, October 26, 2024 and Sunday, October 27, 2024 (the “Event”); WHEREAS, Owner desires to permit the City to use the Property for the Event; NOW, THEREFORE, for the mutual covenant and matters set forth herein, as of the date set forth above, the parties hereby agree as follows: 1.Foregoing Whereas clauses are incorporated as if fully set forth herein. 2.Owner agrees to allow the City to enter onto the Property for any and all uses related to the Event on the dates and times specified in the attached Exhibit A. 3.Owner agrees that the City shall be allowed to use the Property pursuant to this Agreement free of charge. 4.The City represents and acknowledges that: a.Its activities and all participants are properly covered by appropriate insurance; b.To the extent required by law, the City shall be responsible for any injuries to its employees, agents, and contractors occurring on the Property for the Event and any other dates/times as set forth in Exhibit A; c.The City shall be responsible for any damage to the Property caused by the City’s use of the Property for the Event. d.The City shall also be responsible for its own negligence. e.To the extent permitted by law, and subject to the limitations of section 768.28. Florida Statutes, the City shall defend and indemnify and hold harmless the Owner 134 Page 2 of 5 from all claims, suits, causes of action or any claim whatsoever made by any party arising from the City’s own negligence or City’s own activities on the Property specific in Exhibit A. Nothing in this paragraph is considered a waiver of sovereign immunity by the City. 5.Owner hereby acknowledges and agrees that Owner shall receive no compensation from the City in return for permitting the City to use the Property as provided for in this Agreement. 6.No prior or present agreements or representations shall be binding upon any of the parties hereto unless incorporated into this Agreement. No modification or change to this Agreement shall be valid or binding upon the Parties unless in writing, executed by the parties to be bound thereby. 7.This Agreement shall expire on Monday, October 28, 2024 at 6:00pm. 8.This Agreement is governed by the laws of the State of Florida and venue is in Palm Beach County. 9.By execution of this Agreement, in accordance with the requirements of F.S. 287- 135 and F.S. 215.473, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 135 Page 3 of 5 IN WITNESS WHEREOF, the CITY OF BOYNTON BEACH has caused these presents to be executed in its name by its Mayor and attested and its official seal to be hereunto affixed and Owner have hereunto set its hand and seal the day and year first above written. ATTEST: CITY OF BOYNTON BEACH By: _____________________________ ________________________________ Print Name: TY PENSERGA City Clerk Title: MAYOR (SEAL) Approved as to form: _______________________________ City Attorney BB1 Development LLC By:___________________________ Print Name: ___________________ Title:___________________ Jordan Thaler Authorized Signatory 9/23/24 136 Page 4 of 5 Exhibit “A” 1.Owner agrees to allow the City and attendees of the Event to enter onto the Property for uses related to the Event at any time from Saturday, October 26, 2024 until Sunday, October 27, 2024. 2.In addition to the date listed above, the City may access the Property to perform site preparation (such as equipment and signage) before the Event. This access may occur anytime between Wednesday, October 23, 2024 and Monday, October 28, 2024, and may occur over multiple days. a.The City will provide 24 hours’ notice to Owner prior to entering the Property, and will only perform site preparation activities between the hours of 8:00 a.m. and 6:00 p.m. 3.The City may install removable equipment and event parking signs on the Property for the Event. 137 Page 5 of 5 138 City of Boynton Beach Agenda Item Request Form 6.I Consent Agenda 10/15/2024 Meeting Date: 10/15/2024 Proposed Resolution No. R24-247- Approve the Palm Beach County consent form for the rezoning of Cypress Creek PUD (Planned Unit Development). Requested Action: Staff recommends approval of Proposed Resolution No. R24-247. Explanation of Request: Boynton Beach Utilities has many lift stations within Cypress Creek Golf Course. The rezoning of the site is approved by Palm Beach County, and it is now Cypress Creek PUD. Because the lift stations are contiguous to the property of the overall PUD (Planned Unit Development), the City consent is required for every application they submit to Palm Beach County. While the project is not affecting or impacting the lift stations, they have to be included within the overall body of the developer’s application due to their location. How will this affect city programs or services? This will not affect City programs or services. Fiscal Impact: None Attachments: R24-247 Agenda_Item_2161-2023_Resolution_for_Cypress_Creek_PUD_consent_form.docx Exhibit A to Resolution - Form 3 Consent - City of Boynton Beach (NEW).pdf Consent Letter COBB.pdf 139 RESOLUTION NO. R24-2471 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, APPROVING THE PALM BEACH COUNTY CONSENT FORM FOR THE 4 REZONING OF CYPRESS CREEK PLANNED UNIT DEVELOPMENT; AND FOR ALL OTHER 5 PURPOSES. 6 7 WHEREAS,Boynton Beach Utilities has many lift stations within Cypress Creek Golf Course. 8 The rezoning of the site is approved by Palm Beach County, and it is now Cypress Creek PUD. 9 Because the lift stations are contiguous to the property of the overall PUD (Planned Unit 10 Development), the City's consent is required for every application they submit to Palm Beach 11 County. While the project is not affecting or impacting the lift stations, they must be included 12 within the overall body of the developer’s application due to their location; and13 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 14 best interests of the city's citizens and residents to approve the Palm Beach County consent form 15 for the rezoning of Cypress Creek Planned Unit Development. 16 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 18 BEACH, FLORIDA, THAT:19 SECTION 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 20 being true and correct and are hereby made a specific part of this Resolution upon adoption.21 SECTION 2.The City Commission of the City of Boynton Beach, Florida, does hereby 22 approve the Palm Beach County consent form for the rezoning of Cypress Creek Planned Unit 23 Development, in form and substance similar to that attached as “Exhibit A.“24 SECTION 3.The City Commission of the City of Boynton Beach, Florida, hereby 25 authorizes the Mayor or City Manager to execute the Form and any ancillary documents as may 26 be necessary to accomplish the purpose of this Resolution.27 SECTION 4.A copy of the fully executed Form shall be retained by the City Clerk as a 28 public record of the City. The fully executed original of the Form shall be provided to Milot Emile29 for further handling.30 SECTION 5.This Resolution shall take effect in accordance with law.31 [signatures on the following page]32 140 33 PASSED AND ADOPTED this ______________ day of ______________________________ 2024.34 CITY OF BOYNTON BEACH, FLORIDA35 YES NO36 Mayor – Ty Penserga __________37 38 Vice Mayor – Aimee Kelley __________39 40 Commissioner – Angela Cruz __________41 42 Commissioner – Woodrow L. Hay __________43 44 Commissioner – Thomas Turkin __________45 46 VOTE ______47 ATTEST:48 49 ___________________________________________________________50 Maylee De Jesús, MPA, MMC Ty Penserga51 City Clerk Mayor52 53 APPROVED AS TO FORM:54 (Corporate Seal)55 56 _______________________________57 Shawna G. Lamb58 City Attorney59 141 ___________________________________________ ____________________________________________ ___________________________________________ ____________________________________________ ________________________________________________ ________________________________________________ ________________________________________________ ________________________________________________ PALM BEACH COUNTY -ZONING DIVISION FORM # 3 CONSENT INSTRUCTIONS: Consent is required from the property owner(s) and contract purchaser(s), as applicable, to an agent if the property owner(s) or contract purchaser does not intend to attend all meetings and Public Hearings and submit in person all material pertaining to the application. A separate form is required from each owner/contract purchaser. Consent to a firm shall be deemed consent for the entire firm, unless otherwise specified. Consent is valid for one year from date of notary, unless otherwise specified. Attach a copy of last recorded warranty deed for the subject property. Project Name: Submittal Date: _______________________ This form shall serve as CONSENT for the agent identified below to prepare or have prepared and submit all documents for the following application(s) affecting property I have an ownership interest in: [ ] BCC/ZC: ( ) Rezoning ( ) Conditional Use ( ) DROE ( ) DOA ( ) PDD ( ) TDD ( ) Type 2 Variance ( ) Type 2 Waiver [ ] DRO Applications: ( ) Full DRO ( ) Zoning Agency Review (ZAR) [ ] Concurrency Reservation/Equivalency (Separate) [ ] Temporary Use (indicate request): ____________________________________________________________ [ ] Tree Removal and Replacement [ ] Type 1 Variance [ ] Type 1 Waiver [ ] Time Extension (Article 2.E) [ ] Other (indicate request): ____________________________________________________________________ I hereby give CONSENT to (type, stamp or print clearly full name of agent) to act on my behalf, to submit or have submitted this application and all required material and documents, and to attend and represent me at all meetings and public hearings pertaining to the application(s) indicated above. Furthermore, I hereby give consent to the party designated above to agree to all terms and conditions which may arise as part of the approval of this application for the proposed use of: _________________________________________. I hereby certify I have full knowledge of the property and I have an ownership interest in the subject property of this application. I further certify the statements or information made in any document(s) submitted herewith are true and correct to the best of my knowledge. I understand, this application, related material and all documents submitted become official records of the Planning, Zoning and Building Department of Palm Beach County, Florida, and will not be returned. I understand that any false, inaccurate or incomplete information provided by me or my agent will result in the denial, revocation or administrative withdrawal of this application, request, approval or permits. I acknowledge that additional information may be required to process this application. I further consent to Palm Beach County to publish, copy or reproduce any copyrighted document submitted as a part of this application for any third party. I further agree to all terms and conditions, which may be imposed as part of the approval of this application. OWNER/CONTRACT PURCHASER: I am the [ ] Owner [ ] Contract Purchaser (one) (Name -type, stamp or print clearly) (Address) AGENT: (Name -type, stamp or print clearly) (Address) NOTARY PUBLIC INFORMATION: (Signature) (City, State, Zip) (Name of firm) (City, State, Zip) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me by means of [ ] physical presence or [ ] online notarization, this day of , 20 by (name of person acknowledging). He/she is personally known to me or has produced (type of identification) as identification and did/did not take an oath (circle correct response). ________________________________________ __________________________________________________ (Name -type, stamp or print clearly) (Signature) My Commission Expires on: NOTARY'S SEAL OR STAMP Consent Revised 9/29/2020 Form # 3 Page 1 of 1 Web Format 2008 142 TO: Milot Emile, P.E. Engineer IV, Boynton Beach Utilities, Engineering City of Boynton Beach 124 E. Woolbright Rd. Boynton Beach, Florida 33435 561-742-6407, EmileM@bbfl.us RE: Updated Forms of Consent for Cypress Creek PUD 9/12/2024 Good morning Milot, We need the City’s consent because the lift stations are contiguous to the property of the overall PUD (planned unit development). While we are not affecting or impacting the lift stations, we are in effect including them within the overall body of our application due to their location. Please note, the rezoning has already been approved, this new consent is for the next series of review that the project is in with the County, as the previous consent the City signed/issued was for the previous application type. Please let me know if you have any additional questions. Best, Jerrod Purser, PLA Senior Project Manager WGI, Inc. 561.537.4533 143 City of Boynton Beach Agenda Item Request Form 6.J Consent Agenda 10/15/2024 Meeting Date: 10/15/2024 Proposed Resolution No. R24-248- Approve the Release of Claim and Indemnification Agreement for $85,000 in connection with claim no. FMIT VA2023111341/ Tristar claim no. 21855649 for a Motor Vehicle Accident that occurred on or about May 23, 2021. Requested Action: Staff recommends approval of Proposed Resolution No. R24-248. Explanation of Request: The Code of Ordinances of the City of Boynton Beach, Florida, provides that the settlement of all claims in excess of $50,000 requires approval of the City Commission. The Plaintiff brought a claim stemming from an alleged incident that occurred on or about May 23, 2021. On May 23, 2021 Joey Alcin was walking in the parking lot of Crossings of Boynton Beach Condominium. Boynton Beach Police Officers were responding to a call for shots in the area. Mr. Alcin was walking across a median in the parking lot, concealed from the view of Officers driving through the lot. Mr. Alcin stumbled into the City vehicle while an Officer was turning the corner under 5mph. A Release of Claim and Indemnification Agreement was reached with the Plaintiff for $85,000 in exchange for a general release of all claims, which resolves all claims for damages, as well as attorney's fees and costs. The City is paying $54,786.38 towards the settlement with the City's insurer paying the remainder of the settlement amount. How will this affect city programs or services? N/A Fiscal Impact: The remainder of the City's SIR is $54,786.38, which would be issued if approved. The remaining settlement balance ($30,213.62) will be paid directly from FMIT. Attachments: R24-248 Agenda_Item_2217-2023_Resolution_for_Joey_Alcin.docx Exhibit A to Resolution - 20240923164032945.pdf 144 RESOLUTION NO. R24-2481 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, APPROVING THE RELEASE OF CLAIM AND4 INDEMNIFICATION AGREEMENT IN THE MATTER OF JOEY ALCIN V. 5 CITY OF BOYNTON BEACH, TRISTAR CLAIM #21855649; IN THE 6 FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, 7 FLORIDA, CASE NO. 50-2023-CA-009620-XXXX-MB, IN THE AMOUNT 8 OF $85,000.00; PROVIDING AN EFFECTIVE DATE; AND FOR ALL OTHER 9 PURPOSES. 10 11 WHEREAS,the Code of Ordinances of the City of Boynton Beach, Florida, requires 12 settlement of all claims in excess of $50,000 to be approved by the City Commission; and13 WHEREAS, Joey Alcin (“Plaintiff”) filed a civil action stemming from an auto accident with 14 a City vehicle that occurred on or about May 23, 2021, to wit: Tristar Claim #21855649; Fifteenth 15 Judicial Circuit, In and For Palm Beach County, Florida, Case No. 50-2023-CA-009620-XXXX-MB, 16 Joey Alcin v. City of Boynton Beach; and17 WHEREAS, a Release of Claim and Indemnification Agreement was reached with the 18 Plaintiff for a total amount of $85,000.00 in exchange for a general release of all claims, including 19 all attorney’s fees and costs; and20 WHEREAS, the City Commission of the City of Boynton Beach, Florida, deems it to be in 21 the best interest of the citizens and residents of the City of Boynton to approve the 22 Indemnification Agreement and Release in the matter of Tristar Claim #21855649; Fifteenth 23 Judicial Circuit, In and For Palm Beach County, Florida, Case No. 50-2023-CA-009620-XXXX-MB, 24 Joey Alcin v. City of Boynton Beach, totaling $85,000.00, of which the City is responsible for 25 $54,786.38.26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 27 BEACH, FLORIDA, THAT:28 SECTION 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 29 being true and correct and are hereby made a specific part of this Resolution upon adoption 30 hereof. 31 SECTION 2.The City Commission of the City of Boynton Beach hereby approves the32 Indemnification Agreement and Release in the amount of $85,000.00 in connection with Tristar 33 Claim #21855649; Fifteenth Judicial Circuit, In and For Palm Beach County, Florida, Case No. 50-34 145 2023-CA-009620-XXXX-MB, Joey Alcin v. City of Boynton Beach,attached as “Exhibit A.”35 SECTION 3.The fully executed Indemnification Agreement and Release, and Final Order 36 Approving Settlement shall be retained by the City Clerk as a public record of the City.37 SECTION 4.This Resolution shall take effect as provided by law.38 39 PASSED AND ADOPTED this _______ day of October 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 Maylee De Jesús, MPA, MMC Ty Penserga56 City Clerk Mayor57 58 APPROVED AS TO FORM:59 60 (Corporate Seal)_______________________________61 Shawna G. Lamb62 City Attorney63 146 147 148 City of Boynton Beach Agenda Item Request Form 6.K Consent Agenda 10/15/2024 Meeting Date: 10/15/2024 Proposed Resolution No. R24-249- Approving the purchase of first responder high- performance resuscitation workforce training, Neuroprotective CPR training, from Med Alliance Group, Inc., a sole source, in an amount not to exceed $54,600. Requested Action: Staff recommends approval of Proposed Resolution No. R24-249. Explanation of Request: The Fire Rescue Department submitted a scope of work to provide Neuroprotective CPR (NP- CPR ) training. The program guidelines and scope of work was approved by the Commission on April 2, 2024. The program aims to fund high-performance resuscitation training, and the proposed project involves workforce training. The Florida Department of Health has awarded the grant and funding to complete the training in the City of Boynton Beach. This item authorizes the expenditure of the grant funds and allows the Mayor to execute any documents necessary to accomplish the resolution's intent. How will this affect city programs or services? The City of Boynton Beach is committed to the health and well-being of its residents, and finds it imperative to provide safety and state-of- the-art emergency medical services. The project will provide high-performance resuscitation training for Fire Rescue personnel. Fiscal Impact: The Neuroprotective CPR (NP-CPR) Scope of Work Project offered by the Florida Department of Health is expected to fund up to $54,600 overall throughout the project's lifecycle, and does not require cost-sharing. Attachments: R24-249 Agenda_Item_2165-2023_Resolution_for_Fire_training_services.docx Exhibit A to Resolution - HP-RT.pdf Exhibit A to Resolution Elegard Budget.pdf Exhibit A to Resolution - Copy of Boynton Beach RF Quote.xlsx Boynton Beach Fact Sheet.docx Med Alliance Sole Souce Form.pdf Resolution No. R24-066.pdf 149 RESOLUTION NO. R24-2491 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, APPROVING THE PURCHASE OF FIRST RESPONDER 4 HIGH-PERFORMANCE RESUSCITATION WORKFORCE TRAINING, 5 NEUROPROTECTIVE CPR TRAINING, FROM MED ALLIANCE GROUP, 6 INC., IN AN AMOUNT NOT TO EXCEED $54,600; AND FOR ALL OTHER 7 PURPOSES. 8 9 WHEREAS, the City Commission authorized the Fire Rescue Department to submit a scope 10 of work for the First Responder High-Performance Resuscitation workforce training to the Florida 11 Department of Health Division of Emergency Preparedness and Community Support, approved 12 by Resolution No. R24-066 on April 2, 2024; and 13 WHEREAS, the Florida Department of Health accepted the scope of work and funded the 14 City $54,600 to be used towards First Responder High-Performance Resuscitation workforce 15 training; and16 WHEREAS, the City desires to purchase the training services from Med Alliance Group, 17 Inc., in an amount not to exceed $54,600; and 18 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 19 best interests of the city's citizens and residents to approve the purchase of first responder high-20 performance resuscitation workforce training, Neuroprotective CPR training, from Med Alliance 21 Group, Inc., in an amount not to exceed $54,600. 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 24 BEACH, FLORIDA, THAT:25 SECTION 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 26 being true and correct and are hereby made a specific part of this Resolution upon adoption.27 SECTION 2.The City Commission of the City of Boynton Beach, Florida, does hereby 28 approve the purchase of first responder high-performance resuscitation workforce training, 29 Neuroprotective CPR training, from Med Alliance Group, Inc., in an amount not to exceed $54,600, 30 in form and substance similar to that attached as “Exhibit A.“31 32 150 SECTION 3.The City Commission of the City of Boynton Beach, Florida, hereby 33 authorizes the Mayor to execute any ancillary documents necessary to accomplish the purposes 34 of this Resolution.35 SECTION 4.This Resolution shall take effect in accordance with law.36 37 38 PASSED AND ADOPTED this ______________ day of ______________________________ 2024.39 CITY OF BOYNTON BEACH, FLORIDA40 YES NO41 Mayor – Ty Penserga __________42 43 Vice Mayor – Aimee Kelley __________44 45 Commissioner – Angela Cruz __________46 47 Commissioner – Woodrow L. Hay __________48 49 Commissioner – Thomas Turkin __________50 51 VOTE ______52 ATTEST:53 54 ___________________________________________________________55 Maylee De Jesús, MPA, MMC Ty Penserga56 City Clerk Mayor57 58 APPROVED AS TO FORM:59 (Corporate Seal)60 61 _______________________________62 Shawna G. Lamb63 City Attorney64 151 P.O. NUMBER C37A11 DESCRIPTION TOTAL 1 Providing first responder high performance resuscitation (HP -RT) workforce training in City of Boynton Beach, Florida $54,600.00 TOTAL DUE $54,600.00 Make all checks payable to City of Boynton Beach If you have any questions concerning this invoice , contact Agency Contact Jarvis Prince, Assistant Chie,561-742-6674. City of Boynton Beach Fire Rescue 2080 High Ridge Road Boynton Beach, Florida 33426 HP-RT INVOICE INVOICE 2024-1 DATE: 04/0009/2024 TO: Dana Smith Florida Department of Health BEMO HP-RT 4042 Bald Cypress Way Tallahassee, FL 32399 152 153 154 155 156 ACCOUNT NUMBER DESCRIPTION BUDGET ACTUALS NOTES 105-0000-334.53-02 ELEGARD PROJECT FLDH (54,600.00)$ Revenue TOTAL REVENUES (54,600.00)$ 105-3911-522.54-30 TRAINING 54,600.00$ Training TOTAL EXPENSES 54,600.00$ TOTAL BUDGET -$ -$ BOYNTON BEACH FIRE DEPARTMENT PROGRAM ELEGARD PROJECT FLDH FY2023-2024 BUDGET $54,600 157 Quote Quote Date:10/3/2024 PO Number: Bill to Name Ship To Name Street Address Street Address City, State, Zip City, State, Zip NP-CPR Workforce Training: Number of Participants 12 NP-CPR # of Training Kits 7 ITEM NO Qty All Inclusive Price FLG-WFT-002 1 $ 54,600.00 SYS-ELG-002 Shipped by MED Alliance Group, Inc 7 Included SYS-COV-001 Shipped by MED Alliance Group, Inc 7 Included 12-0822-000 Shipped by ZOLL Medical, Inc 21 Included Shipping Cost Included Quote Total 54,600.00$ Notes/Special Instructions Customer Contact Info:ACS Florida Program Director Contact Info: Name Name Phone Phone Email Email Ordering Instructions: Please place order with MED Alliance Group, Inc. MED Alliance Group, Inc 2175 Oakland Drive Sycamore, IL 60178 888-891-1200 phone - 630-599-1327 fax orders@medalliancegroup.com - EIN 36-4260634 e-Verify Registration #: 1657405 (as Required by Florida Law) DESCRIPTION EleGARD System Version 2.0 (includes EleGARD 2.0 Patient Positioning System, LUCAS Series 3 Backplate. 1 EleGARD 2.0 Carrying Case, 2 Smart Lithium Rechargeable Batteries, I Single Bay Battery Charger, Instructions for Use) Boynton Beach Fire Rescue 2080 High Ridge Rd Boyton Beach, FL 33435 Boynton Beach Fire Rescue Payment Terms: Net 30 days Training and deployment support will be provided to you by ACS. Order will be shipped and invoiced by Med Alliance Group. Melissa M. Bahr, RN, BSN, EMT-P, MHA 850-428-9551 melissabahr@elevatedcpr.com Boyton Beach, FL 33435 Florida Turn-Key Workforce Training Package as described below: ResQPOD 16 Impedance Threshold devices (Each) (ZOLL Medical Product) EleGARD Series 2.0 Disposable Cover (Box of 10) 2080 High Ridge Rd 2175 Oakland Drive Sycamore, IL 60178 Phone: (888) 891-1200 Fax: (630) 599-1327 E-mail: orders@medalliancegroup.com 158 www.ElevatedCPR.com 5201 Eden Avenue |Suite 300 Edina, MN 55436 office:763.259.3722 ADVANCEDCPR SOLUTIONS LLC FACT SHEET RE: NCPR WORKFORCE TRAINING Boynton Beach Fire Rescue ACS Fulfillment and Invoicing Partner:Med Alliance Group, Inc. (The transaction for the Seats Trained will be (MAGI) Sold to each participating agency through Med Alliance Group, Inc., a trusted supplier To over 3000 health care customers in the US) Purchase Orders are to be issued to:Med Alliance Group Inc. 2175 Oakland Drive Sycamore IL 60178 MAGI Sunbiz.Org -State of Florida Registration F19000004434 MAGI e-Verify Registration #1657405 ACS Florida Turn-Key Workforce Training SKU FLG-WFT-002 Turn-Key NCPR Workforce Training Package as $54,600 Described Below: NP-CPR workforce training for 21 participants, 7 NP CPR Training Kits (Each NP CPR Training Kit)= 1 EleGARD 2.0, 1 Box of 10 EleGARD Disposable Covers, 3 ZOLL Medical ResQPOD 16 ITD’s), Type of Purchase Sole Source (Proprietary NCPR Training Systems,AdvancedCPR Solutions LLC Broadly Patented Training supplies & Methods of delivering NCPR) 159 160 10/04/2024 X X 161 162 5201 Eden Avenue | Suite 300 Edina, MN 55436 office: 763.259.3722 Re: Sole Source for Neuroprotective CPR Workforce Training Inclusive of the Required Implementation Supplies The purpose of this letter is to provide you with the information you requested about the availability of Neuroprotective CPR Workforce Training from AdvancedCPR Solutions (ACS). The method of delivering ElevatedCPR, or Neuroprotective CPR (NCPR) as it is sometimes referred to in the scientific literature, and the use of the EleGARD Patient Positioning System with circulatory adjuncts and with suction cup equipped chest compression devices were developed and broadly patented by AdvancedCPR Solutions with thirty (32) issued and allowed patents covering both the method and / or the devices needed to properly carry out NCPR. ACS concurrently developed proprietary clinical education, training and advisory programs on the science and implementation of NCPR that have been delivered to over 8000 clinical educators and providers in the US. Neuroprotective Head Up CPR requires a paradigm shift in your agency’s approach to sudden cardiac arrest involving provision of a comprehensive provider education and training program along with hands on use of the training supplies needed to deploy this technologically advanced bundle of care. It requires the use of a mechanical suction-cup based CPR device, a circulatory adjunct to decrease intrathoracic pressure, and a device to provide the slow, controlled sequential elevation of the head and thorax. AdvancedCPR Solutions through its authorized logistics and invoicing partner, Med Alliance Group, Inc. is the sole source for Neuroprotective CPR Workforce Training and the training supplies to implement the training your service receives. Please let me know if additional information is required. Best regards, Melissa M Bahr Melissa M. Bahr, RN, BSN, EMT-P, MHA Sr. Director, Program Implementation melissabahr@elevatedcpr.com 163 1 RESOLUTION NO. R24-066 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AUTHORIZING THE CITY TO SUBMIT A SCOPE OF WORK FOR FIRST 5 RESPONDER HIGH-PERFORMANCE RESUSCITATION WORKFORCE 6 TRAINING TO THE FLORIDA DEPARTMENT OF HEALTH DIVISION OF 7 EMERGENCY PREPAREDNESS AND COMMUNITY SUPPORT 8 REQUESTING REIMBURSEMENT IN AN AMOUNT NOT TO EXCEED 9 54,600, APPROVING THE AGREEMENT FOR THE TRAINING; 10 PROVIDING AN EFFECTIVE DATE;AND FOR ALL OTHER PURPOSES. 11 12 13 WHEREAS, the Fire Rescue Department desires to submit a scope of work to provide 14 High Performance Resuscitation Training to the Florida Department of Health Division of 15 Emergency Preparedness and Community; and 16 WHEREAS, the Florida Department of Health has agreed to provide funding to 17 complete the training in the City of Boynton Beach; and 18 WHEREAS, once the scope of work is formally accepted by the Florida Department of 19 Health, the parties desire to enter into an Agreement whereby the City will provide first 20 responder high-performance resuscitation (HP-RT) workforce training to the Florida 21 Department of Health for an amount not to exceed $54,600; and 22 WHEREAS, the City Commission of the City of Boynton Beach, upon the 23 recommendation of staff, deems it in the best interest of the citizens and residents of the City 24 of Boynton Beach to authorize the Fire Rescue Department to submit a scope of work for the 25 First Responder High-Performance Resuscitation workforce training to the Florida Department 26 of Health Division of Emergency Preparedness and Community Support, and if formally 27 accepted, the City Commission authorizes the City Manager to sign the Agreement 28 reimbursing the City in an amount not to exceed $54,600 for the training services, after review 164 29 and approval by the City Attorney's office. 30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 31 BOYNTON BEACH, FLORIDA, THAT: 32 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 33 being true and correct and are hereby made a specific part of this Resolution upon adoption 34 hereof. 35 SECTION 2. The City Commission of the City of Boynton Beach hereby authorizes 36 the Fire Rescue Department to submit a scope of work for the First Responder High- 37 Performance Resuscitation workforce training to the Florida Department of Health Division of 38 Emergency Preparedness and Community Support. If the scope of work is formally accepted 39 by the Department of Health, the City Commission hereby authorizes the City Manager to sign 40 the Agreement reimbursing the City in an amount not to exceed $54,600 for the training 41 services after review and approval by the City Attorney's office. The City Manager is further 42 authorized to execute any ancillary documents required under the Agreement or necessary to 43 accomplish the purposes of the Agreement, including any term extensions as provided in the 44 Agreement, provided such documents do not modify the financial terms/material terms. 45 SECTION 3. This Resolution shall take effect as provided by law. 46 47 signatures on following page] 165 48 PASSED AND ADOPTED this 2nd day of April 2024. 49 CITY OF BOYNTON BEACH, FLORIDA 50 YES NO 51 52 Mayor-Ty Penserga V 53 54 Vice Mayor-Aimee Kelley 55 56 Commissioner-Angela Cruz 57 58 Commissioner-Woodrow L. Hay 59 60 Commissioner-Thomas Turkin 61 62 VOTE 63 ATTEST: 64 65 e 'IPA. 0 _ F.16--/ 67 Maylee lie -.us, MP i MC Ty •e•ga 68 City Cler M. ,or 69 Av D N Bt,%.,` i Q •RATE,'••..3, 70 f owe° i APPROVED AS TO FORM: 71 (Corporate Seal) i o: V 0 : 4 R • 72 C.v Go Q' + 4WIA Warne734, 74 44% ""' F.O Shawna G. Lamb 75 t,`,,,,--4' City Attorney 76 166 City of Boynton Beach Agenda Item Request Form 6.L Consent Agenda 10/15/2024 Meeting Date: 10/15/2024 Proposed Resolution No. R24-250- Approving a Memorandum of Understanding between SCORE of Palm Beach County and the City of Boynton Beach. Requested Action: Staff recommends approval of Proposed Resolution No. R24-250. Explanation of Request: SCORE is comprised of volunteers that provide business mentoring, workshops, and entrepreneur roundtables at no cost to assist small business owners to achieve profitable growth, and exchange insight and resources. This MOU aims to set forth the framework to implement an avenue for counseling and coaching for aspiring and existing entrepreneurs, which will enhance business development and employment within the community. The frequency of the services below will be based on mutually agreed-upon timeframes between SCORE and the City, with the Economic Development Division as the point of service location. SCORE agrees to provide the following at no cost to the City: 1. Business Educational Services: 1. Virtual Mentoring Services : Staff and administer SCORE virtual mentoring office four days a week through CYE2025 SCORE’s target is to provide a minimum of 75 1-hour mentoring sessions. 2. Onsite Mentoring Services (Mentor Mondays): Staff and administer in-person mentoring at the City’s location of choice once a month through CYE2025, aiming to deliver a minimum of 50 hours of mentoring sessions. 2. Advisory Services: On an on-demand basis, leverage the SCORE Advisory Board Team (SAB) to 1. Support Businesses in Boynton Beach : Provide free advisory board services to businesses with over $500k in revenue through the Chapter’s SAB. 2. Support the City of Boynton Beach : Provide strategic support to the City’s economic plan. 3. Annual Entrepreneur Accelerator Event: SCORE will support the City in co-hosting a one-and-a-half-day in-person business-focused event targeting the City’s seasoned and emerging entrepreneurs for a donation of $2000 per event. Furthermore, the City can sponsor webinars for a $500 donation per event. SCORE will invoice the City. 4. Provide a Liaison: SCORE will provide a dedicated ambassador to serve as the City’s 167 designated liaison to the SCORE. 5. Joint Marketing: Cross-promote services and events between the City and SCORE, as appropriate. Fiscal Impact: The City will not be charged for Business Educational Services and Advisory Services. Attachments: R24-250 Agenda_Item_2224-2023_Resolution_for_SCORE_MOU.docx SCORE-_Boynton_MOU__FINAL.pdf sunbiz.pdf 168 RESOLUTION NO. R24-2501 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, APPROVING A MEMORANDUM OF 4 UNDERSTANDING WITH SCORE ASSOCIATION, INC., THROUGH ITS 5 LOCAL CHAPTER, SERVICE CORE OF RETIRED EXECUTIVES, PALM 6 BEACH COUNTY CHAPTER; AND FOR ALL OTHER PURPOSES. 7 8 WHEREAS, SCORE is comprised of volunteers who provide business mentoring, 9 workshops, and entrepreneur roundtables at no cost to assist small business owners in achieving 10 profitable growth and exchanging insight and resources. This MOU aims to set forth the 11 framework to implement an avenue for counseling and coaching for aspiring and existing 12 entrepreneurs, which will enhance business development and employment within the community. 13 The frequencies of the services below will be based on mutually agreed-upon timeframes between 14 SCORE and the City, with the Economic Development Division as the point of service location. 15 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 Memorandum of Understanding 17 with Score Association, Inc., through its local chapter, Service Core of Retired Executives, Palm 18 Beach County Chapter.19 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 21 BEACH, FLORIDA, THAT:22 SECTION 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 23 being true and correct and are hereby made a specific part of this Resolution upon adoption.24 SECTION 2.The City Commission of the City of Boynton Beach, Florida, does hereby 25 approve a Memorandum of Understanding between Score Association, Inc., through its local 26 chapter, Service Core of Retired Executives, Palm Beach County Chapter, and the City (the “MOU”), 27 in form and substance similar to that attached as “Exhibit A.“28 SECTION 3.The City Commission of the City of Boynton Beach, Florida, hereby 29 authorizes the Mayor to execute the MOU and such other related documents as may be necessary 30 to accomplish the purpose of this Resolution.31 SECTION 4.The Mayor-executed MOU shall be forwarded to Michael Keleher to obtain 32 169 execution of the MOU by SCORE. Michael Keleher shall be responsible for ensuring that one fully 33 executed MOU is returned to the City, to be provided to the Office of the City Attorney for 34 forwarding to the City Clerk for retention as a public record.35 SECTION 5.This Resolution shall take effect in accordance with law.36 37 38 PASSED AND ADOPTED this ______________ day of ______________________________ 2024.39 CITY OF BOYNTON BEACH, FLORIDA40 YES NO41 Mayor – Ty Penserga __________42 43 Vice Mayor – Aimee Kelley __________44 45 Commissioner – Angela Cruz __________46 47 Commissioner – Woodrow L. Hay __________48 49 Commissioner – Thomas Turkin __________50 51 VOTE ______52 ATTEST:53 54 ___________________________________________________________55 Maylee De Jesús, MPA, MMC Ty Penserga56 City Clerk Mayor57 58 APPROVED AS TO FORM:59 (Corporate Seal)60 61 _______________________________62 Shawna G. Lamb63 City Attorney64 170 Memorandum of Understanding This Memorandum of Understanding (“MOU”) is made and entered into on this____ day of _____________, _____, by and between the City of Boynton Beach, on behalf of its Economic Development Division as the point of service, located at 100 E Ocean Ave Boynton Beach, Florida 33425 (“City”), and Score Association, Inc., a Washington DC corporation, through its local chapter, Service Core of Retired Executives, Palm Beach County Chapter, located at 500 South Australian Ave Ste 115, West Palm Beach, FL 33401 (SCORE). SCORE is comprised of volunteers that provide business mentoring, workshops, and entrepreneur roundtables at no cost to assist small business owners to achieve profitable growth, and exchange insight and resources. This MOU aims to set forth the framework to implement an avenue for counseling and coaching for aspiring and existing entrepreneurs, which will enhance business development and employment within the community. The frequencies of the services below will be based on mutually agreed-upon timeframes between SCORE and the City, with the Economic Development Division as the point of service location. SCORE agrees to provide the following at no cost to the City: 1. Business Educational Sevices: a. Virtual Mentoring Services: Staff and administer SCORE virtual mentoring office four days a week through CYE2025 SCORE’s target is to provide a minimum of 75 1-hour mentoring sessions. b. Onsite Mentoring Services ( Mentor Mondays): Staff and administer in-person mentoring at the City’s location of choice once a month through CYE2025, aiming to deliver a minimum of 50 hours of mentoring sessions. 2. Advisory Services: On an on-demand basis, leverage the SCORE Advisory Board Team (SAB) to a. Support Businesses in Boynton Beach: Provide free advisory board services to businesses with over $500k in revenue through the Chapter’s SAB. b. Support the City of Boynton Beach: Provide strategic support to the City’s economic plan. 3. Annual Entrepreneur Accelerator Event: SCORE will support the City in co-hosting a one-and-a-half-day in-person business-focused event targeting the City’s seasoned and emerging entrepreneurs for a donation of $2000 per event. Furthermore the city can sponsor webinars for a $500 donation per event. SCORE will invoice the City. 4. Provide a Liason: SCORE will provide a dedicated ambassador to serve as the City’s designated liaison to the SCORE. 5. Joint Marketing: Cross-promote services and events between the City and SCORE, as appropriate. 171 The City of Boynton Beach, through the Economic Development Division, agrees to: 1. Provide Location Access: Provide service location and designated space for individualized mentoring for the City’s entrepreneurs and jointly sponsored events between SCORE and the City. 2. Resource Support: In the City’s sole discretion, utilize available resources to accommodate the mission set forth by SCORE. 3. Joint Marketing: Cross-promote services and events between SCORE and the City, as appropriate. Indemnification/Hold Harmless. SCORE will indemnify, defend, and hold City, and its directors, officers, employees, agents, and assigns (collectively, the “City Parties”) harmless against any and all claims, liabilities, losses, damages, and expenses City Parties may suffer and which arise directly or indirectly from SCORE’s performance under or breach of this MOU. SCORE will have no obligation to indemnify any City Party to the extent the liability is solely caused by such City Party’s gross negligence or willful misconduct. Notwithstanding anything herein, and except to the extent sovereign immunity may be deemed to be waived by entering into the MOU, nothing in the MOU is intended to serve as a waiver of sovereign immunity by City nor shall anything included therein be construed as consent by City to be sued by third parties. City is a political subdivision of the State of Florida as defined in Section 768.28, Florida Statutes, and shall be responsible for the negligent or wrongful acts or omissions of its employees to the extent required pursuant to Section 768.28, Florida Statutes. Termination. Either party may terminate this MOU by providing written notice of that decision to the other. Such termination will be effective ten (10) days after the delivery of notice by the terminating party. Governing Law. This MOU will be governed by the laws of the State of Florida. Venue for any litigation between the parties shall be exclusively within Palm Beach County, Florida. Compliance with Laws. SCORE must comply with all applicable federal, state, and local laws, codes, ordinances, rules, and regulations including, without limitation, the Americans with Disabilities Act, 42 U.S.C. § 12101, Section 504 of the Rehabilitation Act of 1973, and any related federal, state, or local laws, rules, and regulations in the performance of this MOU. (Signatures on following page) 172 The parties indicate agreement with this Memorandum of Understanding by their signatures below. CITY OF BOYNTON BEACH SERVICE CORE OF RETIRED EXECUTIVES BY: _________________________ BY: _______________________ Ty Penserga Jason Jackson Mayor Chairman, SCORE Palm Beach County APPROVED AS TO FORM BY: ________________________ Stacey R. Weinger Deputy City Attorney 173 174 175 176 177 178 City of Boynton Beach Agenda Item Request Form 6.M Consent Agenda 10/15/2024 Meeting Date: 10/15/2024 Proposed Resolution No. R24-251- Approve the adoption of amended "Exhibit A" to the Interlocal Agreement between the City of Boynton Beach and the Boynton Beach CRA for funding construction and professional services. Requested Action: Staff recommends approval of Proposed Resolution No. R24-251. Explanation of Request: On November 7, 2023, the City of Boynton Beach entered into an Interlocal Agreement with the Boynton Beach CRA for funding construction and professional services within CRA areas as shown in "Exhibit A." During the FY24-25 budget planning process, City and CRA staff met to discuss an updated project list, which the CRA Board reviewed during the budget planning at their August 13th Board meeting. Per Paragraph 4 of the ILA, "Exhibit A" shall be updated annually. This amended exhibit reflects the projects as approved during the FY 23-24 Project Fund Budget as well as the FY 24-25 Project Fund Budget. The CRA Board met on October 8th, 2024, and approved the updated "Exhibit A". How will this affect city programs or services? The improvements will increase the market value of the properties, increase the profits for residents, and provide beautification for the area. Fiscal Impact: Funding provided by the CRA under the interlocal agreement. Attachments: R24-251 Agenda_Item_2236- 2023_Resolution_for_CRA_Funding_Construction_Interlocal_Exhibit.docx Exhibit A to Resolution - FY24-25 updated Exhibit A CRA Agenda Item - Oct 08, 2024 ACM for Res. R23-161.pdf R23-161 179 RESOLUTION NO. R24-2511 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, APPROVING THE UPDATED EXHIBIT A TO THE 4 INTERLOCAL AGREEMENT FOR FUNDING CONSTRUCTION AND 5 PROFESSIONAL SERVICES WITH THE CITY OF BOYNTON BEACH 6 COMMUNITY REDEVELOPMENT AGENCY; AND FOR ALL OTHER 7 PURPOSES. 8 9 WHEREAS, the City and the City of Boynton Beach Community Redevelopment Agency 10 (“CRA”) entered into an Interlocal Agreement for Funding Construction and Professional Services, 11 approved by Resolution No. R23-161 on November 7, 2023; and 12 WHEREAS, pursuant to section 4 of the Interlocal Agreement, Exhibit A to the Interlocal 13 Agreement may be updated at any time by the mutual consent of both parties and shall be 14 updated at least annually in form mutually consented to by both parties. At such time as each 15 party adopts an identical Exhibit A in a duly noticed public meeting, the Agreement shall be 16 deemed amended such that the most recently adopted Exhibit A replaces the prior version of 17 Exhibit A of the Agreement without further action by the parties; and18 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 19 best interests of the city's citizens and residents to approve the updated Exhibit A to the Interlocal 20 Agreement for Funding Construction and Professional Services with the City of Boynton Beach 21 Community Redevelopment Agency.22 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 24 BEACH, FLORIDA, THAT:25 SECTION 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 26 being true and correct and are hereby made a specific part of this Resolution upon adoption.27 SECTION 2.The City Commission of the City of Boynton Beach, Florida, does hereby 28 approve the updated Exhibit A to the Interlocal Agreement for Funding Construction and 29 Professional Services with the City of Boynton Beach Community Redevelopment Agency, in form 30 and substance similar to that attached as “Exhibit A.“31 32 180 SECTION 3.The Interlocal Agreement with the updated Exhibit A shall be retained by 33 the City Clerk as a public record of the City. A copy of the Interlocal Agreement with the updated 34 Exhibit A shall be provided to the CRA. 35 SECTION 4.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 181 EXHIBIT "A" Fiscal Year 2024-2025 Projects City Project # Project Name BBCRA Funding 1 MLK Jr. Boulevard Streetscape Improvements $250,000 (design) $550,000 (construction) 2 US 1 Beautification Project Design $100,000 3 Pence Park Design & Permit $400,000 4 Harvey Oyer Park Pier Survey & Design $100,000 5 Senior Center Design $100,000 6 Jaycee Park Design $100,000 7 Centennial Park Improvement Designs $500,000 8 Cottage District Road Improvements Design $200,000 9 Ocean Avenue Bridge $225,000 182 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: October 8, 2024 OLD BUSINESS AGENDA ITEM 14.C SUBJECT: Discussion and Consideration of the Adoption of "Exhibit A" to the Interlocal Agreement between the Boynton Beach CRA and the City of Boynton Beach for Funding Construction and Professional Services SUMMARY: Following the FY23-24 Budget approval in September 2023, the CRA and City entered into an Interlocal Agreement (ILA) to provide CRA funding for design activities, materials and equipment, and installation costs associated with the physical improvements for specific projects as outlined in the CRA's Project Fund (see Attachment I). The ILA which was approved by the City and CRA at their respective meetings on November 7, 2023 and November 13, 2023 details the responsibilities of the City and CRA, the procedures for reimbursement funding to the City, and the reporting requirements by the City to ensure compliance with the Plan and Florida Statutes. As an overview, the City will be responsible for overseeing the projects, coordinating with the contractor(s) and other entities as necessary for the completion of the projects. Additionally, the City will also be responsible for the maintenance of the improvements as a result of the project, along with contracting with other entities as necessary to comply with applicable codes. The table below provides a current status update on the projects as described in Exhibit A. City Project Number Project Name CRA Funding Status as of September 2024 1 MLK Jr. Boulevard Streetscape Project (Design) $250,000 PENDING 2 Jaycee Park Project (Construction) $250,000 COMPLETED 183 •Attachment I - R23-161 - ILA for Funding Construction and Professional Services •Attachment II - FY24-25 Exhibit A 3 Seacrest Boulevard Improvement (Design) $100,000 REMOVED 4 E. Ocean Avenue Streetscape (Design) $100,000 REMOVED 5 2023 US 1 Beautification Project (Design) $100,000 PENDING During the FY24-25 budget planning process, CRA and City staff met on July 23rd to discuss an updated project list which was reviewed by the CRA Board during the budget planning at their August 13th Board meeting. Per Paragraph 4 of the ILA, Exhibit A shall be updated at least annually. The updated Exhibit A is summarized in Attachment II. Exhibit A reflects the projects as approved during the FY 23-24 Project Fund Budget as well as the FY 24-25 Project Fund Budget. Once approved, the document will go to the City Commission for review and approval. FISCAL IMPACT: FY 2023-2024 Budget, Project Fund, Line Item 02-58200-406, $575,000 FY 2024-2025 Budget, Project Fund, Line Item 02-58200-406, $1,950,000 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: 1. Approve the Adoption of "Exhibit A" to the Interlocal Agreement between the Boynton Beach CRA and the City of Boynton Beach for the Interlocal Agreement for Funding Construction and Professional Services. 2. Do not approve the Adoption of "Exhibit A" to the Interlocal Agreement between the Boynton Beach CRA and the City of Boynton Beach for the Interlocal Agreement for Funding Construction and Professional Services. 3. Provide alternative direction to staff upon further Board discussion. ATTACHMENTS: Description 184 City of Boynton Beach Agenda Item Request Form 6.D Consent Agenda 11/ 7/2023 Meeting Date: 11/ 7/2023 Proposed Resolution No. R23-161- Interlocal Agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency for funding Construction and Professional Services. Requested Action: Approve and authorize the Mayor to sign an Interlocal Agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency for funding Construction and Professional Services. Explanation of Request: The City will be performing construction projects within the Community Redevelopment Area (CRA) to reduce slum, blight, and enhance the redevelopment properties. The Boynton Beach CRA will provide the funding for the projects and will provide annual updates. The agreement will serve as a municipal and public purpose and be consistent with the 2016 CRA plan and requirements of Chapter 163, Florida Statutes. How will this affect city programs or services? The improvements will increase the market value of the properties, increase the profits for residents, and provide beautification for the area. Fiscal Impact: Funding provided by the CRA for fiscal year 23-24 projects under the interlocal agreement are in the total amount of $960,000. Attachments: R23-161 Resolution approving ILA with CRA for Construction and Professional Services 23_1023_Interlocal Agreement-Final.docx 185 1 RESOLUTION R23-161 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 5 APPROVING AND AUTHORIZING THE MAYOR TO SIGN AN INTERLOCAL 6 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE 7 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR 8 FUNDING CONSTRUCTION AND PROFESSIONAL SERVICES; AND 9 PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS, The City will be performing construction projects within the Community 12 Redevelopment Area (CRA) to reduce slum, blight, and enhance the redevelopment properties; 13 and 14 WHEREAS, The CRA will provide the funding for the projects and will provide annual 15 updates; and 16 WHEREAS, The agreement will serve as a municipal and public purpose and be 17 consistent with the 2016 CRA plan and requirements of Chapter 163, Florida Statutes; and 18 WHEREAS,the City Commission of the City of Boynton Beach upon recommendation of 19 staff, deems it to be in the best interest of the citizens and residents of the City of Boynton Beach 20 to approve and authorize the Mayor to sign an Interlocal Agreement between the City of 21 Boynton Beach and the Boynton Beach Community Redevelopment Agency for funding 22 Construction and Professional Services. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 24 BOYNTON BEACH, FLORIDA, THAT: 25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 26 being true and correct and are hereby made a specific part of this Resolution upon adoption 27 hereof. 28 Section 2. The City Commission of the City of Boynton Beach hereby approves and 29 authorizes the Mayor to sign an Interlocal Agreement between the City of Boynton Beach and 30 the Boynton Beach Community Redevelopment Agency for funding Construction and 31 Professional Services. A copy of the Interlocal Agreement is attached hereto and made a part 32 hereof by reference as Exhibit "A." 33 Section 3. That this Resolution shall become effective immediately upon passage. C:\Users\SwansonL\AppData\Local\Microsoft\Windows\lNetCache\Content.Outlook\VNI9SRIB\ILA with CRA for Construction and Professional Services-Reso.docx 186 34 PASSED AND ADOPTED this 7th day of November, 2023. 35 CITY OF BOYNTON BEACH, FLORIDA 36 YES NO 37 V- 38 Mayor-Ty Penserga 39 40 Vice Mayor-Thomas Turkin 41 42 Commissioner-Angela Cruz 43 44 Commissioner-Woodrow L. Hay 45 46 Commissioner-Aimee Kelley 47 48 VOTE 0 49 ATT'S . 50 51 1 1f 4110 7.- 52 Maylee 10.6s, MPA MC Ty Pen53CityCleMay. 54 55 APPROVED AS TO FORM: 56 (Corporate Seal) ro .. N&t i kC .0 eORgj4'•• .7 4157O.* , 0 I. 58 SEAL \: •pw59poRATED; i A" Ld 1 f Shawna G. Lamb 61 City Attorney C:\Users\SwansonL\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\VNI9SRI B\ILA with CRA for Construction and Professional Services-Reso.docx 187 INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING CONSTRUCTION/PROFESSIONAL SERVICES THIS AGREEMENT is made this 7411day ofrrnbe(2023, by and between the CITY OF BOYNTON BEACH, a Florida municipal corporation (hereinafter referred to as "CITY"), and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public body corporate and politic, duly created and operated pursuant to Chapter 163, Florida Statutes (hereinafter referred to as the "BBCRA"). WITNESSETH: WHEREAS, the CITY will be performing various construction projects located in the Community Redevelopment Area as shown in Exhibit"A" (collectively, the"Projects" and each individually a "Project"); and WHEREAS, the Projects provide improvements to the Community Redevelopment Area ("CRA Area") that are anticipated to reduce slum and blight and enhance the redevelopment potential of properties within the CRA Area; and WHEREAS, the BBCRA is providing funding for the Projects in the amounts identified in Exhibit "A;" and WHEREAS, the parties anticipate updating Exhibit"A"on at least an annual basis; and WHEREAS, the CITY and the BBCRA find that this Agreement serves a municipal and public purpose and is consistent with and in furtherance of the 2016 Boynton Beach Community Redevelopment Plan ("Plan") and the requirements of Chapter 163, Florida Statutes; NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the sufficiency of which both parties hereby acknowledge, the parties hereby agree as follows: 1.Incorporation. The recitations set forth above are hereby incorporated herein. 1 of 8 4891-6338-4455,v.3 188 2. Funding.The BBCRA shall provide funding to the CITY for the Projects included in Exhibit "A." The amount of funding for each Project shall not exceed the amount listed for each Project included in Exhibit "A." Such payment shall be made to the CITY for physical improvements as part of the Projects, consistent with the terms of this Agreement, to be used for reimbursement of certain eligible costs. The BBCRA shall make payments to the CITY upon receipt of a complete written request from the CITY for payment, which request shall comply with all requirements of this Agreement. Funding described in Exhibit A may not be transferred between Projects without the express consent of the BBCRA. 3.Limitations on Use of Funding. Funding for the Projects included in Exhibit "A" shall be used for actual planning, design, and construction costs, as well as other costs directly related to the Projects construction, including, but not limited to, testing, inspection, and utility relocation costs (collectively, "eligible expenses"). This provision does not preclude the BBCRA from performing the referenced tasks for Projects included in Exhibit "A" if mutually agreed upon by the CITY and BBCRA. 4. Annual Update to Exhibit "A." Exhibit "A" to this Agreement may be updated at any time by the mutual consent of both parties and shall be updated at least annually in a form mutually consented to by both parties. At such time as each party adopts an identical Exhibit "A" in a duly noticed public meeting, this Agreement shall be deemed amended such that the most recently adopted Exhibit "A" replaces the prior version of the Exhibit "A" in this Agreement without further action by the parties. Except as expressly stated in this paragraph, all modifications to the Agreement shall be in accordance with Paragraph 11-Entire Agreement. 5. Reimbursement Request. The CITY shall provide a complete written request 2 of 8 4891-6338-4455,v.3 189 for reimbursement of eligible expenses ("Reimbursement Request") to the BBCRA no later than 180 days after payment by the CITY of funds for which it is seeking reimbursement, and in no case later than 180 days after the Project achieves final completion. For purposes of this Agreement, final completion shall be deemed achieved upon issuance of a Certificate of Completion or the equivalent. The request shall include the following information: i. The amount of reimbursement requested; ii. A summary of the Project improvements for which the CITY seeks reimbursement; iii. A statement that the Project is in compliance with the Plan and Florida Statutes, that the funding will be used only for reimbursement of eligible expenses that are consistent with the BBCRA's requirements and restrictions pursuant to Florida law, and evidence supporting the statement; iv. Copies of all invoices, receipts, and any other documentation necessary to evidence the amount and purpose for each payment made by the CITY for the Project for which the CITY is seeking reimbursement; and v. For any Reimbursement Request submitted after final completion, a fully executed Certificate of Completion or equivalent. a.The CRA shall remit funding in the amount requested, consistent with this Agreement, to the CITY within thirty (30) days of receipt of a complete Reimbursement Request from the CITY that meets the requirements of 3 of 8 4891-6338-4455,v.3 190 this Agreement. b.If the CITY fails to submit a Reimbursement Request within 180 days after the Project achieves final completion, the CITY will no longer be eligible to receive any reimbursement, and this Agreement shall terminate with respect to that Project. If the CITY submits a Reimbursement Request that the BBCRA deems incomplete, the BBCRA shall notify the CITY in writing. The BBCRA may ask for additional documentation that could reasonably be used to evaluate or support the Reimbursement Request. The CITY shall have 30 days from receipt of the notice to provide the necessary documentation to complete the Reimbursement Request. If the CITY fails to provide the documentation required by the BBCRA within 30 days, the CITY shall only be eligible for the portion of the Reimbursement Request, if any, that the BBCRA deems complete and eligible. The BBCRA will not reimburse the CITY for any portion of the request the BBCRA deems ineligible for reimbursement. 6.Limitation of Responsibility. The Parties agree that the BBCRA shall only be responsible for providing reimbursement to the CITY for eligible expenses for the Project after receiving a complete Reimbursement Request that meets the requirements of this Agreement and shall not otherwise be responsible for effectuating the Project. 7. Change Orders. The CITY shall provide a written request to the BBCRA for approval of any change order that will result in a request for an increase in the funding for a Project to be provided by the BBCRA. The CITY shall submit the written request to the BBCRA prior to the CITY's approval of the change order or execution of any work covered 4 of 8 4891-6338-4455,v.3 191 by the change order. Failure to obtain the BBCRA's approval of the funding for the change order shall be a basis for the BBCRA to deny additional funding to the CITY for the Project identified in the change order. The CITY and the BBCRA agree and acknowledge that the approval of a change order does not require an amendment to this Agreement so long as the total amount of funding identified in Exhibit"A" is not exceeded. 8. Term. The term of this Agreement shall commence upon execution by both parties, and this Agreement shall continue until either party delivers written notice to the other party of its intent to terminate this Agreement or 60 days after the CITY receives the final invoice from the contractor or professional for the last of the Projects included in Exhibit "A." Notwithstanding the foregoing, once the CITY has executed a contract with a contractor or professional for a particular Project, the BBCRA shall not be allowed to withdraw its funding for that particular Project for the amount identified in Exhibit "A." If the CITY terminates this Agreement, the CITY shall refund to the BBCRA any funding that was provided to the CITY but was not paid to the contractor or professional for the Project as of the date of determination. If the total funds the CITY requires to complete a particular Project, as identified in Exhibit "A," are less than the amount paid by the BBCRA to the CITY for a particular Project, the CITY shall refund to the BBCRA any and all funds provided to the CITY that exceed the amount the CITY paid to the contractor or professional for the particular Project. 9.Reporting Requirement. Once the BBCRA provides any funding for any of the Projects identified in Exhibit "A," the CITY shall provide the BBCRA with monthly reports detailing the progress of such Projects, including, but not limited to, the contract amount, the amount of funds paid to the contractor or professional, the status of the Project, and the total of any change orders related to the Project. 10. Publicity. The CITY shall ensure that all publicity, public relations, 5 of 8 4891-6338-4455,v.3 192 advertisements, and signs related to the CITY's involvement in a Project also recognize the BBCRA for the support of all activities conducted with the funds provided by the BBCRA. The use of the BBCRA logo is permissible, but all materials using the BBCRA logo must be approved by the BBCRA Executive Director or his or her designee prior to use. Upon request by the BBCRA, CITY shall provide proof of the use of the BBCRA logo as required by this paragraph. The BBCRA may also produce and utilize publicity, public relations, advertisements, and signs to indicate its involvement with a Project. 11. Entire Agreement. No prior or present agreements or representations with regard to any subject matter contained within this Agreement shall be binding on any party unless included expressly in this Agreement. Any modification to this Agreement shall be in writing and executed by the parties. 12. Severability. The validity of any portion, article, paragraph, provision, clause, or any portion thereof of this Agreement shall have no force and effect upon the validity of any other part of portion hereof. To that end, this Agreement is declared severable. 13. No Third-Party Beneficiaries. No provision of this Agreement is intended to or shall be construed to create any third-party beneficiary or to provide any rights to any person or entity, not a party to this Agreement, including but not limited to any citizen or employees of the CITY or the BBCRA. 14. No Assignment. The Parties may not transfer or assign this Agreement in whole or in part without prior written consent of the other, which may be granted or withheld at such Parties' absolute discretion. 15. Indemnification. The CITY shall indemnify, save, and hold harmless the BBCRA, its agents, and its employees from any liability, claim, demand, suit, loss, cost, expense or damage that may be asserted, claimed, or recovered against or from the BBCRA, its agents, or its employees, by reason of any property damages or personal injury, including death, sustained by any person whomsoever, which damage is incidental to, occurs as a result 6 of 8 4891-6338-4455,v.3 193 of, arises out of, or is otherwise related to the negligent or wrongful conduct of persons or the faulty equipment (including equipment installation and removal) associated with the Project. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the BBCRA or the CITY as set forth in section 768.28, Florida Statutes. This paragraph shall not be construed to require the CITY to indemnify the BBCRA for BBCRA's own negligence or intentional acts of the BBCRA, its agents, or employees. Each party assumes the risk of personal injury and property damage attributable to the acts or omissions of that party and its officers, employees, and agents. 16. Public Records. The CITY and the BBCRA each shall maintain their own records and documents associated with this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes. All such records shall be adequate to justify all charges, expenses, and costs incurred in accordance with generally accepted accounting principles. Each Party shall have access to the other Party's books, records, and documents as required in this Agreement for the purpose of inspection or audit during normal business hours during the term of this Agreement and at least one year after the termination of the Agreement. 17. Filing. The CITY shall file this Interlocal Agreement pursuant to the requirements of section 163.01(11), Florida Statutes. 18. Governing Law; Venue. This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall be in Palm Beach County, Florida. 19. This Agreement shall not be valid until signed by the Mayor, the Board Chair of the BBCRA, and the City Clerk. The Effective Date shall be the date the last of the Mayor or Board Chair signs this Agreement. 7 of 8 4891-6338-4455,v.3 194 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the day and year first above written. ATTEST: CITY OF BOYNTON BEACH, FLORIDA OAP -- e----. Irv, City Cle k,pY N T 1:: or I SEAL V \U• Approved as to Form: I INCORPORA.•... ...•TED; xffib 1920 :', sum .7_6R,0,__ Shawna G. Lamb, City Attorney ATTEST:BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, FLORIDA Vii. 6B Ai/ yr,•.---- Witness BoardCr:'' I HEREBY CERTIFY THAT I HAVE APPROVED THIS AGREEMENT AS/TO FORM: fB CRA Attorney 8 of 8 4891-6338-4455,v.3 195 196 EXHIBIT "A" Fiscal Year 2023-2024 Projects City Project Project Name BBCRA Funding 1 MLK JR. BOULEVARD STREETSCAPE PROJECT(DESIGN) 250,000.00 2 JAYCEE PARK PROJECT(CONSTRUCTION) 250,000.00 3 SEACREST BOULEVARD IMPROVEMENT(DESIGN) 100,000.00 4 E. OCEAN AVENUE STREETSCAPE (DESIGN) 100,000.00 5 2023 US 1 BEAUTIFICATION PROJECT(DESIGN) 100,000.00 197 City of Boynton Beach Agenda Item Request Form 6.N Consent Agenda 10/15/2024 Meeting Date: 10/15/2024 Proposed Resolution No. R24-252- Approve a drainage Easement Agreement for 735 Shore Drive, Boynton Beach, Florida, with Rick A. Sheffield, for the construction of a 10-foot Utility Easement for a new 24-inch outfall as part of the Coquina Cove neighborhood improvement project. Proposed Resolution No. R24-253- Approve a drainage Easement Agreement for 801 Shore Drive, Boynton Beach, Florida, with Jared Collin and Taylor Collin, for the construction of a 10-foot Utility Easement for a new 24- inch outfall as part of the Coquina Cove neighborhood improvement project Requested Action: Staff recommends approval of Proposed Resolution No. R24-252 and Proposed Resolution No. R24-253. Explanation of Request: The Coquina Cove project design requires an additional stormwater outfall on Shore Drive in an effort to mitigate flooding. On September 24, 2024, Utilities department received both 735 Shore Drive and 801 Shore Drive easement agreement signed by each owner. Utilities negotiated 5 feet from each property, for a total of 10 feet U.E between 735-801 Shore Drive for the installation of a new 24 inch drainage pipe and outfall. Now that the City has the signed easement agreement by each owner, AECOM can move forward with final design incorporating the new outfall into the project plans and model, for a full project implementation at once. How will this affect city programs or services? The project will address existing drainage issues and result in an improved level of service to the neighborhood to reduce flooding and provide improved ingress/egress during major and minor storm events. In addition, the existing water main and gravity sanitary line are being replaced, resulting in improved service and fire protection for the neighborhood. Fiscal Impact: Funds for the project are available in the Utilities CIP accounts for Coquina Cove Improvements. 198 Attachments: R24-252 Agenda_Item_2237-2023_Resolution_for_735_Shore_Drive_Easement_Agmt.docx Exhibit A to Resolution - 735 Shore Drive Easement Agreement signed by Owner.pdf R24-253 Agenda_Item_2237-2023_Resolution_for_801_Shore_Drive_Easement_Agmt.docx Exhibit A to Resolution - 801 Shore Drive Easement Agreement signed by Owner.pdf 199 RESOLUTION NO. R24-2521 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, APPROVING A DRAINAGE EASEMENT AGREEMENT 4 FOR 735 SHORE DRIVE, BOYNTON BEACH, FLORIDA, WITH RICK A. 5 SHEFFIELD, FOR THE CONSTRUCTION OF A 10-FEET UTILITY 6 EASEMENT FOR A NEW 24-INCH OUTFALL AS PART OF THE COQUINA 7 COVE NEIGHBORHOOD IMPROVEMENT PROJECT; AND FOR ALL 8 OTHER PURPOSES. 9 10 WHEREAS, Boynton Beach Utilities is utilizing the General Consulting Services Contract 11 (RFQ No. 046-2821-17/TP) to support implementing the Utilities Capital Improvement Projects. 12 AECOM will provide data collection, stormwater modeling, water main and sanitary sewer 13 upgrades, construction plans and specifications, permitting assistance, bid phase services, public 14 engagement, and limited support services during construction for the Coquina Cove Stormwater, 15 Water Main, and Sanitary Sewer improvements; and16 WHEREAS, the Coquina Cove project design requires an additional stormwater outfall on 17 Shore Drive in an effort to mitigate flooding. On September 24, 2024, the Utilities Department18 received both 735 Shore Drive and 801 Shore Drive easement agreements signed by each owner. 19 Utilities negotiated 5 feet from each property, for a total of 10 feet U.E between 735-801 Shore 20 Drive for the installation of a new 24-inch drainage pipe and outfall; and21 WHEREAS, now that the City has the signed easement agreement by each owner, AECOM 22 can move forward with the final design, incorporating the new outfall into the project plans and 23 model for a full project implementation at once; and24 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 25 best interests of the city's citizens and residents to approve a drainage Easement Agreement for 26 735 Shore Drive, Boynton Beach, Florida, with Rick A. Sheffield, for the construction of a 10-foot27 Utility Easement for a new 24-inch outfall as part of the Coquina Cove neighborhood 28 improvement project.29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 30 BEACH, FLORIDA, THAT:31 SECTION 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 32 being true and correct and are hereby made a specific part of this Resolution upon adoption.33 200 SECTION 2.The City Commission of the City of Boynton Beach, Florida, does hereby 34 approve a drainage Easement Agreement for 735 Shore Drive, Boynton Beach, Florida, with Rick 35 A. Sheffield, for the construction of a 10-foot Utility Easement for a new 24-inch outfall as part of 36 the Coquina Cove neighborhood improvement project (the “Easement Agreement”), in form and 37 substance similar to that attached as “Exhibit A.“38 SECTION 3.The City Commission of the City of Boynton Beach, Florida, hereby 39 authorizes the Mayor to execute the Easement Agreement and any ancillary documents required 40 under the Easement Agreement or necessary to accomplish the purposes of the Easement 41 Agreement and this Resolution.42 SECTION 4.Upon execution of the Easement Agreement by the City, the City Clerk shall 43 record the Easement Agreement in the Public Records of Palm Beach County. The City Clerk shall 44 provide a copy of the recorded Easement Agreement to Eduardo Garcia.45 SECTION 5.This Resolution shall take effect in accordance with law.46 [signatures on the following page]47 48 201 PASSED AND ADOPTED this ______________ day of ______________________________ 2024.49 CITY OF BOYNTON BEACH, FLORIDA50 YES NO51 Mayor – Ty Penserga __________52 53 Vice Mayor – Aimee Kelley __________54 55 Commissioner – Angela Cruz __________56 57 Commissioner – Woodrow L. Hay __________58 59 Commissioner – Thomas Turkin __________60 61 VOTE ______62 ATTEST:63 64 ___________________________________________________________65 Maylee De Jesús, MPA, MMC Ty Penserga66 City Clerk Mayor67 68 APPROVED AS TO FORM:69 (Corporate Seal)70 71 _______________________________72 Shawna G. Lamb73 City Attorney74 202 203 204 205 206 207 208 209 210 211 212 RESOLUTION NO. R24-2531 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, APPROVING A DRAINAGE EASEMENT AGREEMENT 4 FOR 801 SHORE DRIVE, BOYNTON BEACH, FLORIDA, WITH JARED 5 COLLIN AND TAYLOR COLLIN, FOR THE CONSTRUCTION OF A 10-FEET 6 UTILITY EASEMENT FOR A NEW 24-INCH OUTFALL AS PART OF THE 7 COQUINA COVE NEIGHBORHOOD IMPROVEMENT PROJECT; AND FOR 8 ALL OTHER PURPOSES. 9 10 WHEREAS, Boynton Beach Utilities is utilizing the General Consulting Services Contract 11 (RFQ No. 046-2821-17/TP) to support implementing the Utilities Capital Improvement Projects. 12 AECOM will provide data collection, stormwater modeling, water main and sanitary sewer 13 upgrades, construction plans and specifications, permitting assistance, bid phase services, public 14 engagement, and limited support services during construction for the Coquina Cove Stormwater, 15 Water Main, and Sanitary Sewer improvements; and16 WHEREAS, the Coquina Cove project design requires an additional stormwater outfall on 17 Shore Drive in an effort to mitigate flooding. On September 24, 2024, the Utilities Department18 received both 735 Shore Drive and 801 Shore Drive easement agreements signed by each owner. 19 Utilities negotiated 5 feet from each property, for a total of 10 feet U.E between 735-801 Shore 20 Drive for the installation of a new 24-inch drainage pipe and outfall; and21 WHEREAS, now that the City has the signed easement agreement by each owner, AECOM 22 can move forward with the final design, incorporating the new outfall into the project plans and 23 model for a full project implementation at once; and24 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 25 best interests of the city's citizens and residents to approve a drainage Easement Agreement for 26 801 Shore Drive, Boynton Beach, Florida, with Jared Collin and Taylor Collin, for the construction 27 of a 10-foot Utility Easement for a new 24-inch outfall as part of the Coquina Cove neighborhood 28 improvement project.29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 30 BEACH, FLORIDA, THAT:31 SECTION 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 32 being true and correct and are hereby made a specific part of this Resolution upon adoption.33 213 SECTION 2.The City Commission of the City of Boynton Beach, Florida, does hereby 34 approve a drainage Easement Agreement for 801 Shore Drive, Boynton Beach, Florida, with Jared 35 Collin and Taylor Collin, for the construction of a 10-foot Utility Easement for a new 24-inch outfall 36 as part of the Coquina Cove neighborhood improvement project (the “Easement Agreement”), in 37 form and substance similar to that attached as “Exhibit A.“38 SECTION 3.The City Commission of the City of Boynton Beach, Florida, hereby 39 authorizes the Mayor to execute the Easement Agreement and any ancillary documents required 40 under the Easement Agreement or necessary to accomplish the purposes of the Easement 41 Agreement and this Resolution.42 SECTION 4.Upon execution of the Easement Agreement by the City, the City Clerk shall 43 record the Easement Agreement in the Public Records of Palm Beach County. The City Clerk shall 44 provide a copy of the recorded Easement Agreement to Eduardo Garcia.45 SECTION 5.This Resolution shall take effect in accordance with law.46 [signatures on the following page]47 48 214 PASSED AND ADOPTED this ______________ day of ______________________________ 2024.49 CITY OF BOYNTON BEACH, FLORIDA50 YES NO51 Mayor – Ty Penserga __________52 53 Vice Mayor – Aimee Kelley __________54 55 Commissioner – Angela Cruz __________56 57 Commissioner – Woodrow L. Hay __________58 59 Commissioner – Thomas Turkin __________60 61 VOTE ______62 ATTEST:63 64 ___________________________________________________________65 Maylee De Jesús, MPA, MMC Ty Penserga66 City Clerk Mayor67 68 APPROVED AS TO FORM:69 (Corporate Seal)70 71 _______________________________72 Shawna G. Lamb73 City Attorney74 215 216 217 218 219 220 221 222 223 224 225 City of Boynton Beach Agenda Item Request Form 6.O Consent Agenda 10/15/2024 Meeting Date: 10/15/2024 Proposed Resolution No. R24-254- Approve the purchase AWC A-102-Plus Antiscalant for the West Water Treatment Plant in the amount of $67,100 from American Water Chemicals, Inc. as the sole source supplier. Requested Action: Staff recommends approval of Proposed Resolution No. R24-254. Explanation of Request: Antiscalant is used in the nanofiltration treatment process to keep treatment membranes from fouling with minerals. In 2021, a study was completed by the University of Central Florida by the title of, “West Nanofiltration Membrane Water Treatment Plant: Bench-Scale Pretreatment Study and Supply Well Fouling Potential Evaluation.” The study recommended use of American Water Chemicals, Inc. AWC A-102-Plus Antiscalant to prevent fouling of the nanofiltration membranes at the West Water Plant. The City of Boynton Beach Utilities Department uses Antiscalant for the West Water Treatment Plant and American Water Chemicals, Inc. is the sole source provider for AWC A- 102-Plus Antiscalant. How will this affect city programs or services? American Water Chemicals, Inc. membrane Antiscalant assists the City in maintaining excellent water quality without fouling water treatment plant membranes. Fiscal Impact: The fiscal impact to the Utilities is for the amount of $67,100 which is budgeted in Process Chemicals operating account. Attachments: R24-254 Agenda_Item_2239-2023_Resolution_for_AWC_A- 102Plaus_Chemical_Purchase.docx 226 Exhibit A to Resolution - 22032654_Boyton_A102Plus_24-25.pdf SoleSource_BoyntonBeach_A102Plus_24-25.pdf AWC Sole Source Antiscalant PK.pdf 227 RESOLUTION NO. R24-2541 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, APPROVING THE PURCHASE AWC A-102-PLUS 4 ANTISCALANT FOR THE WEST WATER TREATMENT PLANT IN THE 5 AMOUNT OF $67,100 FROM AMERICAN WATER CHEMICALS, INC.; 6 AND FOR ALL OTHER PURPOSES. 7 8 WHEREAS, Antiscalant is used in the nanofiltration treatment process to keep treatment 9 membranes from fouling with minerals; and10 WHEREAS, in 2021, a study was completed by the University of Central Florida titled “West 11 Nanofiltration Membrane Water Treatment Plant: Bench-Scale Pretreatment Study and Supply 12 Well Fouling Potential Evaluation.” The study recommended the use of American Water Chemicals, 13 Inc. AWC A-102-Plus Antiscalant to prevent fouling of the nanofiltration membranes at the West 14 Water Plant; and15 WHEREAS, the City of Boynton Beach Utilities Department uses Antiscalant for the West 16 Water Treatment Plant and American Water Chemicals, Inc. is the sole source provider for AWC 17 A-102-Plus Antiscalant; and18 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 19 best interests of the city's citizens and residents to approve the purchase AWC A-102-Plus 20 Antiscalant for the West Water Treatment Plant in the amount of $67,100 from American Water 21 Chemicals, Inc.22 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 24 BEACH, FLORIDA, THAT:25 SECTION 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 26 being true and correct and are hereby made a specific part of this Resolution upon adoption.27 SECTION 2.The City Commission of the City of Boynton Beach, Florida, does hereby 28 approve the purchase AWC A-102-Plus Antiscalant for the West Water Treatment Plant in the 29 amount of $67,100 from American Water Chemicals, Inc., as further detailed in “Exhibit A“30 attached hereto.31 SECTION 3.This Resolution shall take effect in accordance with law.32 228 33 PASSED AND ADOPTED this ______________ day of ______________________________ 2024.34 CITY OF BOYNTON BEACH, FLORIDA35 YES NO36 Mayor – Ty Penserga __________37 38 Vice Mayor – Aimee Kelley __________39 40 Commissioner – Angela Cruz __________41 42 Commissioner – Woodrow L. Hay __________43 44 Commissioner – Thomas Turkin __________45 46 VOTE ______47 ATTEST:48 49 ___________________________________________________________50 Maylee De Jesús, MPA, MMC Ty Penserga51 City Clerk Mayor52 53 APPROVED AS TO FORM:54 (Corporate Seal)55 56 _______________________________57 Shawna G. Lamb58 City Attorney59 229 AMERICAN WATER CHEMICALS SALES 1802 CORPORATE CENTER LANE PLANT CITY FL 33563 USA QUOTATION Copy Quotation No.:22032654 Quotation Date:09/23/24 Valid Until:10/31/25 Customer No.:C00172 Customer Ref. No.: Page No.:Page 1 of 1 BILL TO SHIP TO VALID UNTIL CITY OF BOYNTON BEACH WEST WTP 10/31/25 PO BOX 310 BOYNTON BEACH FL 33435 USA 5469 WEST BOYNTON BEACH BLVD BOYNTON BEACH FL 33437 USA Sales Employee:Tim Rees Contact Name:FORD BABCOCK - WEST Ship Via: Terms:Net30 Freight Terms:PREPAID Item No.Description # of Pkgs Quantity Unit Price Total A102PLUS.2500LB AWC A-102 PLUS, 2500LB TOTE 22 TOTE(S) 55,000 LBS $ 1.2200 $ 67,100.00 Subtotal $ 67,100.00 Shipping Tax Total Order Value $ 67,100.00 Remarks:QUOTE VALID FOR PERIOD 11/1/24 TO 10/31/25. ESTIMATED LEAD-TIME TO SHIP IS 10 WORKDAYS AFTER RECEIPT OF ORDER Phone: 813-246-5448 Fax: 813-623-6678 E-Mail: CUSTOMERSERVICE@MEMBRANECHEMICALS.COM Website: WWW.MEMBRANECHEMICALS.COM FORM: 145 REV. 11 01/17/2023 230 September 23, 2024 Mr. Ford Babcock City of Boynton Beach PO Box 310 Boynton Beach, FL 33435 RE: Sole Source Statement for AWC A-102Plus Mr. Babcock, This letter is to confirm that the products listed below are solely manufactured by American Water Chemicals and are not available for distribution from any other source. There are no identical equivalents on the market. ▪ AWC A-102Plus Please feel free to contact us if you require any additional information regarding these products. Tony de Almeida Operations Manager 231 232 233 City of Boynton Beach Agenda Item Request Form 6.P Consent Agenda 10/15/2024 Meeting Date: 10/15/2024 Proposed Resolution No. R24-255- Accepting the Grant award for the General Program Support Grant for $36,878.11 with the Knight Foundation, and execute all future documents associated with the grant, subject to the approval of the City Attorney. Requested Action: Staff recommends approval of Proposed Resolution No. R24-255. Explanation of Request: Knight Foundation believes arts and culture are at the core of community, connecting people to place and to one another. Investing in arts and culture is central to Knight’s effort to build stronger, better informed and more engaged communities. Knight Foundation funds the application of technology to the creation, dissemination and experience of art. On August 30, the City of Boynton Beach was awarded a 2024 Florida General Program Support Grant in the amount of $36,878.11 from the John S. and James L. Knight Foundation. How will this affect city programs or services? The General Program Support Grant will be dedicated to aid with preserving, promoting, and presenting creative thought-provoking art experiences that are culturally rich and diverse. Fiscal Impact: The General Support Grant awarded by the Knight Foundation is expected to fund $36,878.11 throughout the project's lifecycle, and requires no cost-sharing. Attachments: R24-255 Agenda_Item_2243-2023_Resolution_for_Knight_Foundation_Grant.docx 2024 Florida General Program Support.docx Award.pdf 234 RESOLUTION NO. R24-2551 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, ACCEPTING A JOHN S. AND JAMES L. KNIGHT 4 FOUNDATION GRANT IN THE AMOUNT OF $36,878.11 FROM THE 5 KNIGHT FOUNDATION FOR THE 2024 FLORIDA GENERAL PROGRAM 6 SUPPORT; AND FOR ALL OTHER PURPOSES. 7 8 WHEREAS, the Knight Foundation believes arts and culture are at the core of community, 9 connecting people to place and one another. Investing in arts and culture is central to Knight’s 10 effort to build stronger, better-informed, and more engaged communities. Knight Foundation 11 funds the application of technology to the creation, dissemination, and experience of art. On 12 August 30, 2024, the City of Boynton Beach was awarded a 2024 Florida General Program Support 13 Grant in the amount of $36,878.11 from the John S. and James L. Knight Foundation; and14 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 15 best interests of the city's citizens and residents to approve accepting a John S. and James L. 16 Knight Foundation Grant in the amount of $36,878.11 from the Knight Foundation for the 2024 17 Florida General Program Support. 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 accepting a John S. and James L. Knight Foundation Grant in the amount of $36,878.11 25 from the Knight Foundation for the 2024 Florida General Program Support.26 SECTION 3.The City Commission of the City of Boynton Beach, Florida, hereby 27 authorizes the Mayor to execute any ancillary documents necessary to accomplish the purposes 28 of this Resolution, subject to approval by the City Attorney.29 SECTION 4.This Resolution shall take effect in accordance with law.30 [signatures on the following page]31 32 235 PASSED AND ADOPTED this ______________ day of ______________________________ 2024.33 CITY OF BOYNTON BEACH, FLORIDA34 YES NO35 Mayor – Ty Penserga __________36 37 Vice Mayor – Aimee Kelley __________38 39 Commissioner – Angela Cruz __________40 41 Commissioner – Woodrow L. Hay __________42 43 Commissioner – Thomas Turkin __________44 45 VOTE ______46 ATTEST:47 48 ___________________________________________________________49 Maylee De Jesús, MPA, MMC Ty Penserga50 City Clerk Mayor51 52 APPROVED AS TO FORM:53 (Corporate Seal)54 55 _______________________________56 Shawna G. Lamb57 City Attorney58 236 Congratulations! Your grant for 2024 Florida General Program Support has been approved. The payment will be processed shortly with the banking information you have provided. If you have not yet provided your organization’s banking information, please do so as quickly as possible. It is important to note that funds cannot be disbursed until we receive this information. Below is the grant acknowledgment. Please review to ensure that you understand the use of the funds. JOHN S. AND JAMES L. KNIGHT FOUNDATION GRANT ACKNOWLEDGMENT 1.RECEIPT: City of Boynton Beach hereby acknowledges receipt of the John S. and James L. Knight Foundation grant G-2024-70934 in the amount of $36,878.11. By accepting this grant, we agree to comply with its terms as described in this Grant Acknowledgment. 2.TAX-EXEMPT STATUS:Our organization's acceptance of this grant signifies that our tax-exempt status as a recognized Section 501(c)(3) and Section 509(a) organization is current, that we will keep our tax-exempt status current throughout the period of this grant and that we will comply with all applicable federal and state laws and regulations that govern the use of grants from private foundations to our organization. As required by IRS rules, Knight Foundation funds will not be used to carry on propaganda or otherwise attempt to influence legislation; to influence the outcome of any specific public election or to carry on, directly or indirectly, any voter registration drive; to make a grant to any individual for travel, study, or other similar purposes or to make a sub-grant to any other organization unless the Grant complies with Section 4945(d)(3) or (4) of the Internal Revenue Code and the Grant has been detailed in the approved grant plan and budget; to cause any private inurement or improper private benefit to occur, or to take any other action inconsistent with Code Section 501(c)(3); or to undertake any activity for any purpose other than the charitable and educational purposes specified in Section 170(c)(2)(B) of the Internal Revenue Code. Furthermore, we agree to use the grant funds for the purposes approved by the Foundation described below and understand that any alternative use of grant funds must be authorized in advance in writing by Knight Foundation. Notwithstanding the preceding sentence, the Grantee shall comply with all other terms and conditions of this Grant Acknowledgement. 3.COMMUNICATION:You shall provide the text of any proposed donor recognition of Knight Foundation to Knight Foundation for its prior written approval to communications@kf.org. Grantee can find communications guidelines at: kf.org/communications. 4.PURPOSE:Purpose of grant as follows - To support organizations in Knight Florida communities with general program support in the 2024-25 fiscal year. 237 All future correspondence regarding this grant should refer to grant G-2024-70934. Sincerely, Victoria J. Rogers VP/Arts KNIGHT FOUNDATION 238 Communication from the Knight Foundation - Grant Acknowledgement to: "Mirna Crompton" <cromptonm@bbfl.us> Dear Crompton, Congratulations! Your grant for 2024 Florida General Program Support has been approved. The payment will be processed shortly with the banking information you have provided. If you have not yet provided your organization’s banking information, please do so as quickly as possible. It is important to note that funds cannot be disbursed until we receive this information. Below is the grant acknowledgment. Please review to ensure that you understand the use of the funds. JOHN S. AND JAMES L. KNIGHT FOUNDATION GRANT ACKNOWLEDGMENT 1. RECEIPT: City of Boynton Beach hereby acknowledges receipt of the John S. and James L. Knight Foundation grant G-2024-70934 in the amount of $36,878.11. By accepting this grant, we agree to comply with its terms as described in this Grant Acknowledgment. 2. TAX-EXEMPT STATUS: Our organization's acceptance of this grant signifies that our tax- exempt status as a recognized Section 501(c)(3) and Section 509(a) organization is current, that we will keep our tax-exempt status current throughout the period of this grant and that we will comply with all applicable federal and state laws and regulations that govern the use of grants from private foundations to our organization. As required by IRS rules, Knight Foundation funds will not be used to carry on propaganda or otherwise attempt to influence legislation; to influence the outcome of any specific public election or to carry on, directly or indirectly, any voter registration drive; to make a grant to any individual for travel, study, or other similar purposes or to make a sub-grant to any other organization unless the Grant complies with Section 4945(d)(3) or (4) of the Internal Revenue Code and the Grant has been detailed in the approved grant plan and budget; to cause any private inurement or improper private benefit to occur, or to take any other action inconsistent with Code Section 501(c)(3); or to undertake any activity for any purpose other than the charitable and educational purposes specified in Section 170(c)(2)(B) of the Internal Revenue Code. Furthermore, we agree to use the grant funds for the purposes approved by the Foundation described below and understand that any alternative use of grant funds must be authorized in advance in writing by Knight Foundation. Notwithstanding the preceding sentence, the Grantee shall comply with all other terms and conditions of this Grant Acknowledgement. 3. COMMUNICATION: You shall provide the text of any proposed donor recognition of Knight Foundation to Knight Foundation for its prior written approval to communications@kf.org. Grantee can find communications guidelines at: kf.org/communications. 239 4. PURPOSE: Purpose of grant as follows - To support organizations in Knight Florida communities with general program support in the 2024- 25 fiscal year. All future correspondence regarding this grant should refer to grant G-2024-70934. Sincerely, Victoria J. Rogers VP/Arts KNIGHT FOUNDATION 240 City of Boynton Beach Agenda Item Request Form 6.Q Consent Agenda 10/15/2024 Meeting Date: 10/15/2024 Proposed Resolution No. R24-256- Approve the subordination of Utility easement interests for parcel 800.7 for the Florida Department of Transportation (FDOT), Woolbright Rd. and I-95 Interchange improvements project. Requested Action: Staff recommends approval of Proposed Resolution No. R24-256. Explanation of Request: The scope of this project consists of milling, resurfacing, and widening along Woolbright Road to expand the typical section through the I-95 interchange to three through lanes in each direction, expand the interchange off-ramp terminals to include triple left-turn lanes, provide dual left-turn lanes and a fourth westbound through lane at the SW 8th Street intersection. Shared use paths, sidewalks, and designated bike lanes will be provided. The I-95 mainline will be resurfaced, and the median barrier wall will be reconstructed for maintenance of traffic purposes. The scope includes signing and pavement marking, lighting, and signalization upgrades. As part of the improvements, the City needs to subordinate utility easements at the intersection of Woolbright Rd. and Corporate Drive, as shown in Exhibit “A” of the attached subordination documents. The Subordination Agreement requires the City to indemnify FDOT for any claims or actions arising from the City's easement. How will this affect city programs or services? Coordination and collaboration with Florida Department of Transportation to provide better commuting options in the City. Fiscal Impact: None Attachments: R24-256 Agenda_Item_2215-2023_Resolution_for_FDOT_Subordination.docx Exhibit A to Resolution - Parcel 800-7.pdf 437279-1 Roadway Plans-Woolbright Rd & Corporate Drive.pdf 241 RESOLUTION NO. R24-2561 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, APPROVING A SUBORDINATION OF CITY UTILITY 4 INTERESTS FOR PARCEL 800.7 FOR THE FLORIDA DEPARTMENT OF 5 TRANSPORTATION WOOLBRIGHT ROAD AND I-95 INTERCHANGE 6 IMPROVEMENTS PROJECT; AND FOR ALL OTHER PURPOSES. 7 8 WHEREAS, the scope of this project consists of milling, resurfacing, and widening along 9 Woolbright Road to expand the typical section through the I-95 interchange to three through 10 lanes in each direction, expand the interchange off-ramp terminals to include triple left-turn lanes, 11 provide dual left-turn lanes and a fourth westbound through lane at the SW 8th Street 12 intersection. Shared use paths, sidewalks, and designated bike lanes will be provided. The I-95 13 mainline will be resurfaced, and the median barrier wall will be reconstructed for maintenance of 14 traffic purposes. The scope also includes signing and pavement marking, lighting, and 15 signalization upgrades; and16 WHEREAS, as part of the improvements, the City needs to subordinate utility easements 17 at the intersection of Woolbright Road and Corporate Drive, as shown in exhibit “A” of the 18 attached subordination documents; and19 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 20 best interests of the city's citizens and residents to approve a Subordination of City Utility Interests 21 for parcel 800.7 for the Florida Department of Transportation Woolbright Road and I-95 22 Interchange improvements project.23 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 25 BEACH, FLORIDA, THAT:26 SECTION 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 27 being true and correct and are hereby made a specific part of this Resolution upon adoption.28 SECTION 2.The City Commission of the City of Boynton Beach, Florida, does hereby 29 approve a Subordination of City Utility Interests between the State of Florida Department of 30 Transportation (FDOT) and the City for parcel 800.7 for the Woolbright Road and I-95 Interchange 31 improvements project (“the Agreement”) in the form and substance similar to that attached as 32 242 “Exhibit A.“33 SECTION 3.The City Commission of the City of Boynton Beach, Florida, hereby 34 authorizes the Mayor to execute the Agreement and such other related documents as may be 35 necessary to accomplish the purpose of this Resolution.36 SECTION 4.The Mayor-executed Agreement shall be forwarded to Milot Emile to 37 obtain execution and recording of the Agreement by FDOT. Milot Emile shall ensure that a copy 38 of the recorded Agreement is returned to the City to be provided to the Office of the City Attorney 39 for forwarding to the City Clerk for retention as a public record.40 SECTION 5.This Resolution shall take effect in accordance with law.41 42 PASSED AND ADOPTED this ______________ day of ______________________________ 2024.43 CITY OF BOYNTON BEACH, FLORIDA44 YES NO45 Mayor – Ty Penserga __________46 47 Vice Mayor – Aimee Kelley __________48 49 Commissioner – Angela Cruz __________50 51 Commissioner – Woodrow L. Hay __________52 53 Commissioner – Thomas Turkin __________54 55 VOTE ______56 ATTEST:57 58 ___________________________________________________________59 Maylee De Jesús, MPA, MMC Ty Penserga60 City Clerk Mayor61 62 APPROVED AS TO FORM:63 (Corporate Seal)64 65 _______________________________66 Shawna G. Lamb67 City Attorney68 243 Page 1 of 8 23-UTL.04-07/18 This instrument prepared under the direction of: Elizabeth S. Quintana, Esq. __________ District Four Assistant General Counsel Legal Description prepared by: DRMP INC. Blake A. Bussard, P.S.M. (12/14/2023) Parcel No. 800.7 Document prepared by: Item/Segment No. 4372791 Alverene Arjun (06/03/2024) Section: 93220-2560 Florida Department of Transportation Managing District: 04 Right of Way Production Services S.R. No. 9/I-95 @ West Woolbright Rd. 3400 W. Commercial Boulevard County: Palm Beach Fort Lauderdale, Florida 33309 SUBORDINATION OF CITY UTILITY INTERESTS THIS AGREEMENT entered into this _________ day of _________________, 20_____, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the FDOT, and the CITY OF BOYNTON BEACH, a municipality of the State of Florida, hereinafter called the CITY. W I T N E S S E T H: WHEREAS, the CITY presently has an interest in certain lands that have been determined necessary for highway purposes; and WHEREAS, the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by the CITY to the FDOT; and WHEREAS, the FDOT is willing to pay to have the CITY’S facilities relocated if necessary, to prevent conflict between the facilities so that the benefits of each may be retained. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, CITY and FDOT agree as follows: CITY subordinates to the interest of FDOT its successors and assigns, any and all of its interest in the lands as follows, viz: (See Sketch and Legal Description attached hereto as Exhibit “A”) 244 Page 2 of 8 RECORDED INSTRUMENT DATE FROM TO O.R.B. & PG. Easement 04/17/1979 S.J. Jarvis, as Trustee City of Boynton Beach 3042 / 1765 Easement 10/14/1979 S.J. Jarvis, as Trustee City of Boynton Beach 03383 / 0199 PROVIDED that the CITY has the following rights: 1. The CITY shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon the lands described herein in accordance with the FDOT'S current minimum standards for such facilities as required by the FDOT, Utility Accommodation Manual in the effect at the time the agreement is executed. Any new construction or relocation of facilities within the lands will be subject to prior approval by the FDOT. Should the FDOT fail to approve any new construction or relocation of facilities by the CITY or require the CITY to alter, adjust, or relocate its facilities located within said lands, the FDOT hereby agrees to pay the cost of such alteration, adjustment, or relocation, including, but not limited to the cost of acquiring appropriate easements. 2. Not withstanding any provisions set forth herein, the terms of the utility permits shall supersede any contrary provisions, with the exception of the provision herein with reimbursement rights. 3. The CITY shall have a reasonable right to enter upon the lands described herein for the purposes outlined in Paragraph 1 above, including the right to trim such trees, brush, and growth which might endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the FDOT's facilities. 4. The CITY agrees to repair any damage to FDOT facilities and to indemnify the FDOT against any loss or damage resulting from the CITY exercising its rights outlined in Paragraphs 1 and 3 above. [SPACE INTENTIONALLY LEFT BLANK] 245 Page 3 of 8 IN WITNESS WHEREOF, the FDOT hereto has executed this agreement on the day and year first above written. Attorney approved as to form: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION _________________________________ BY: ______________________________ Name: ELIZABETH S. QUINTANA Name: STEVEN C. BRAUN, P.E. District 4 Assistant General Counsel District 4 Secretary Signed, sealed and delivered in the presence of: (Two witnesses required by Florida Law) Witness (1) Information: Witness (2) Information: ____________________________________ ____________________________________ Witness (1) Signature: Witness (2) Signature: ____________________________________ ____________________________________ Witness (1) Print Name: Witness (2) Print Name: Address: 3400 West Commercial Blvd., Suite 300 Address: 3400 West Commercial Blvd., Suite 300 Fort Lauderdale, FL 33309 Fort Lauderdale, FL 33309 STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me by means of ______ physical presence or ______ online notarization, this _________ day of ____________________, 20_____, by STEVEN C. BRAUN, P.E., District 4 Secretary, who is personally known by me or who has produced ___________________ as identification. __________________________________ (SEAL) Notary Public __________________________________ Printed or stamped name of Notary Public My Commission Expires: _____________ 246 Page 4 of 8 IN WITNESS WHEREOF, the City has caused these presents to be executed in its name by its Board of City Commissioners acting by the Mayor or Vice-Mayor of said Board, the day and year aforesaid. ATTEST: ________________________ CITY OF BOYNTON BEACH, a municipality of the State of Florida Print Name: ______________________ By Its Board of City Commissioners Clerk (or Deputy Clerk) By: ________________________________ Print Name: _________________________ Its Mayor (or Vice-Mayor) APPROVED AS TO FORM AND LEGAL SUFFICIENCY: (Official Seal) By: ________________________ City Attorney STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me by means of ______ physical presence or ______ online notarization, this _____________ day of ________________________, 20______, by __________________________________, Mayor (or Vice-Mayor) on behalf of the CITY OF BOYNTON BEACH, a municipality of the State of Florida, who is personally known to me or who has produced ______________________________ as identification. __________________________________ (SEAL) Notary Public __________________________________ Printed or stamped name of Notary Public My Commission Expires: _____________ 247 Page 5 of 8 248 Page 6 of 8 249 Page 7 of 8 250 Page 8 of 8 251 WATER SD WATER U C SD ELEC SD WATER WATER SD WATER SD SD WATER SD SD WATERWATER 341 342 343 344 345345 2930313030CL_WBR3 41 42 43 44 4545 48+02.65= PT STA. 40+65.72= PC STA. 6,943.50= R 736.93= L 368.81= T 00°49'31"= D (RT)06°04'51"= ¬ 44+34.53= PI STA. CURVE DATA WOOLBRIGHT RDSW 8TH STCORPORATE DR33'R 30'R 50'R 50'R2'R 3 0 'R2'RCONST. 6' CONC. SWK. CONC. SWK. CONST. 6' EXIST. R/W EXIST. R/W EXIST. R/W EXIST. R/W CORPORATE DR £ SURVEY ¡ CONST. WOOLBRIGHT RD £ SURVEY SW 8TH ST 'F' C&G CONST. TYPE 'F' C&G CONST. TYPE 'F' C&G CONST. TYPE 'F' C&G CONST. TYPE 38.5'CONC. SWK. CONST. 12' SHARED USE PATH CONST. 10' PAVED PGL RT (TYPE I, OPTION I) TRAFFIC SEP. CONST. 4' CONC. (TYPE IV, OPTION I) CONC. TRAFFIC SEP. CONST. VAR. WIDTH (TYPE I, OPTION I) TRAFFIC SEP. CONST. 4' CONC. 10 40 Feet 0 N LIMITS OF MILLING & RESURFACING WIDENING NOTE: SEE DRAINAGE PLAN FOR ADDITIONAL INFORMATION 31.5' C&G TYPE 'F' CONST. +62.40 72.50' RT. +63.12 63.50' RT. +27.40 63.50' RT. CON. TO EXIST. +60.80 CON. TO EXIST. +29.03 +59.26 59.50' RT. +94.38 13.00' LT. +94.38 9.00' LT.+33.98 9.14' LT. +80.28 50.68' LT. +19.64 65.50' LT.+16.43 85.71' LT. +48.05 116.14' LT. CON. TO EXIST. +63.29 +97.22 65.50' LT. +96.59 9.00' RT. +96.59 13.00' RT. +50.92 92.84' RT. +19.25 51.50' LT. PGL (LT) PCC STA. 41+64.41 14.50' LT. R/W LINE EASEMENT TEMP. CONST. £ SURVEY WOOLBRIGHT RD2650'R+50.30 98.01' RT. CON. TO EXIST. +51.526952.5'R+80.09 60.67' LT. +79.97 66.67' LT. +89.92 64.86' LT. +95.23 100.75' RT. CR-F CR-C CR-A CR-A CR-A CR-A CR-C CR-C CR-C CR-C CONC. SWK. CONST. 6' 117.2'60.3'123.3'147.8'74.5'45.7'6958'R6929'R6934.5'R+31.33 77.50' RT. +26.74 72.50' RT. +62.00 77.50' RT.72.5'BEGIN SCHEME 1 GRAVITY WALL (PER INDEX 400-011) W/ AL. PED/BICYCLE RAILING +35.00 67.19' RT. END SCHEME 1 GRAVITY WALL (PER INDEX 400-011) W/ AL. PED/BICYCLE RAILING +62.48 71.50' RT. CON. TO EXIST. +72.40 EASEMENT PERPETUAL +55.39 88.10' RT.75.5'+68.51 99.93' LT. CONC. SWK. CONST. 6' CON. TO EXIST. +68.83 +92.58 6.73' RT.2'R+50.34 80.98' LT. +48.50 78.95' LT. CON. TO EXIST. +48.69 CON. TO EXIST. +20.60 +25.75 140.76' RT. +01.15 139.41' RT. +87.20 100.28' RT. +60.62 100.16' LT. BEGIN SCHEME 1 GRAVITY WALL (PER INDEX 400-011) W/ AL. PED/BICYCLE RAILING +10.00 82.00' LT. +96.55 7.69' LT. +97.22 82.00' LT. END VARIABLE MILLING & RESURFACING +70.00 END VARIABLE MILLING & RESURFACING +22.00 +21.84 79.71' LT. MATCH LINE STA. 45+80.00MATCH LINE STA. 40+20.00MATCH LINE STA. 31+60.00 ROADWAY PLAN 038 DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEETSTATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ROAD NO.FINANCIAL PROJECT IDCOUNTY 437279-1-52-01 PALM BEACH SR 9 7/16/2024R:\Projects\21003197A I-95 at Woolbright Rd\43727915201_CE\Roadway\PLANRD01.dgn5:44:06 PMjessica.smith33433 FLORIDA, BOCA RATON 7284 W. PALMETTO PARK RD, SUITE 201-S COLLIERS ENGINEERING & DESIGN, INC. 70038LICENSE NUMBER: ANTHONY SFAMENI, P.E.THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G15-23.004, F.A.C.ENGINEER OF RECORD 38 252 City of Boynton Beach Agenda Item Request Form 6.R Consent Agenda 10/15/2024 Meeting Date: 10/15/2024 Commission Meeting Minutes. Requested Action: Approve minutes from the September 23, 2024, City Commission Meetings. Explanation of Request: The City Commission met on September 23, 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: September 23, 2024 City Commission Meeting Minutes.docx 253 Minutes of the City Commission Meeting Held Online Via the GoToWebinar Platform and In-Person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Monday, September 23, 2024, at 6:00 P.M. Present: Mayor Ty Penserga Daniel Dugger, City Manager Vice Mayor Thomas Turkin Shawna Lamb, City Attorney Commissioner Angela Cruz Maylee De Jesús, City Clerk Commissioner Woodrow L. Hay Commissioner Aimee Kelley 1.Agenda Items A.Call to Order – Mayor Penserga Mayor Penserga called the meeting to order at 6:02 P.M. Roll Call City Clerk Maylee De Jesús called the roll. A quorum was present. Invocation by Pastor Bryce Hutson, Christ Fellowship Church. Invocation was given by Pastor Hutson. Pledge of Allegiance to the Flag led by Commissioner Woodrow Hay. The Pledge was led by Commissioner Hay. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Cruz added Community Support Funds, as item #5B. 2. Adoption Motion: Commissioner Turkin moved to approve the agenda as amended. Commissioner Hay seconded the motion. The motion passed unanimously. 2.Other A.Informational items by the Members of the City Commission. Commissioner Cruz disclosed that she spoke to the non-profits in regards to her Community Support Funds. 254 Minutes City Commission Meeting Boynton Beach, FL September 23, 2024 2 Vice Mayor Kelley stated that she spoke to Neil Shuler in regards to item #10C. Commissioner Hay thanked the City for the Proclamation to the St. John Baptist Church. Commissioner Turkin stated that he spoke to Neil Shuler, and correspondence from a few people regarding item #10C. He thanked City staff for joining him to wish Sushi Simon a congratulations for being #1 Sushi restaurant in the area, and he gave the restaurant kudos. 3.Announcements, Community and Special Events and Presentations A.Proclamation-76th Anniversary of Boynton Beach Kiwanis. Mayor Penserga read the proclamation into the record. Tom Ramiccio thanked the Council for recognizing the Kiwanis Club, and introduced members of the organization. He spoke about some of the things they do for the community, and invited everyone to come to their meetings. B.Announcement by Boynton Woman's Club Board Members, Christie Hintz and Barbara Erlichman, of the 100th Birthday Celebration of the Addison Mizner designed Historic Woman's Club. Mayor Penserga congratulated Commissioner Hay's on both his 80th Birthday and 59th Wedding anniversary. Debra Tucker, 2nd Vice President, gave a history on the Woman's Club. Barbara Erlichman thanked the City for it's continued support and announced their 100th Birthday Celebration event. 4.Public Comments on Consent Agenda Items Public Comments on Consent Agenda Items: Any citizen may be heard concerning any matter on the Consent Agenda. Speakers will be limited to 3- minute presentations (at the discretion of the Chair, this 3-minute allowance 255 Minutes City Commission Meeting Boynton Beach, FL September 23, 2024 3 may need to be adjusted depending on the level of business coming before the City Commission). Daniel Dugger asked if the Commission would like to add a discussion item to allow dispensaries or not, prior to the passage of the Amendment 3 on Election Day. Attorney Lamb spoke about regulating the selling of marijuana within the City, and she mentioned that other cities are doing the same. There was consensus to have this discussion on the October 1st Commission Meeting. David Merker spoke about the history of the 19th amendment that gave women the power to vote. Susan Oyer thanked the Utilities Department for being helpful to her this week. She spoke about gas lines going into her neighborhood and asked how many people are using gas and why they are being put in. She mentioned having septic tanks in her yard, and about the $12K bill regarding this. She asked about grants to help with this bill. Cindy Faldo De Corrado spoke about back alleyways that have tall grass. She mentioned the Police Officer that removed her from a Commission Meeting being allowed to be there, and that she has had to go to therapy because of the situation. 5.Administrative A.Advisory Board Appointments Motion: Vice Mayor Kelley moved to approve London Nelson as the Citizen engaged as real estate professional in the affordable housing advisory committee. Commissioner Turkin seconded the motion. The motion passed unanimously. Motion: Mayor Penserga moved to approve Christine Lang as a Regular Member of the Library Board. Commissioner Turkin seconded the motion. The motion passed 256 Minutes City Commission Meeting Boynton Beach, FL September 23, 2024 4 unanimously. Vice Mayor Kelley moved to approve Veronica Anepete as a Regular Member of the Library Board. Commissioner Cruz seconded the motion. The motion passed unanimously. Commissioner Cruz moved to approve Donna Mitchell as an alternate Member of the Library Board. Commissioner Turkin seconded the motion. The motion passed unanimously. Commissioner Hay moved to approve Verna Henry as an alternate Member of the Library Board. Commissioner Cruz seconded the motion. The motion passed unanimously. Commissioner Hay moved to approve Rebecca Shelton as a Regular Member of the Senior Advisory Board. Commissioner Turkin seconded the motion. The motion passed unanimously. B.Community Support Funds.(added by Commissioner Cruz) Commissioner Cruz announced the organizations and amount of funds that she wants to donate from her Community Support Funds. Motion: Commissioner Turkin moved to approve Commissioner Cruz’s Community Support Funds. Commissioner Hay seconded the motion. The motion passed unanimously. 6.Consent Agenda A.Proposed Resolution No. R24-206-Approve and authorize the Mayor to sign Community Development Block Grant (CDBG) sub award agreements with Pathways to Prosperity, Inc., Boynton Beach Faith Based Community Development Corporation, Inc., and Legal Aid Society of Palm Beach County, Inc., as adopted by Resolution No. R24-165 for CDBG FY2024 one-year Annual Action Plan. B.Proposed Resolution No. R24-207-Approve the City of Boynton Beach State Housing Initiative Partnership (SHIP) Program Annual Report for FY2021-2022 and Local Housing Incentives Certification. 257 Minutes City Commission Meeting Boynton Beach, FL September 23, 2024 5 C.Proposed Resolution No. R24-208-Approve the auction of the surplus vehicles/equipment submitted by the Fleet Maintenance Division for disposal by using the online auctioneer JJ Kane Auctioneers. D.Proposed Resolution No. R24-209-Approve the full release of surety and authorize the return of the performance bond (No. PB12270900120) to the developer (Isram Riverwalk LLC) for the project known as Riverwalk Plaza (Project No.19-2505). E.Proposed Resolution No. R24-210-Approving a template Facility Use Agreement for entities desiring to use City spaces for meetings, programs, and/or events. F.Proposed Resolution No. R24-211-Approve the renewal of insurance policies for flood insurance coverage with Wright Flood for the policies with effective dates of September 24, 2024, and September 27, 2024. G.Proposed Resolution No. R24-212-Amend the location from Ocean Avenue to Little League Park-Field 3 for the Energy Efficiency and Conservation Block Grant in the amount of $134,990 offered by the Department of Energy. H.Proposed Resolution No. R24-213-Authorizing the Mayor to sign releases of code enforcement liens. I.Proposed Resolution No. R24-214-Approving and authorizing the mayor to sign a Mural Artist Agreement with Blythe Armstrong for a visual art design entryway feature for the Historic Barton Cemetery as part of the Unity Project in an amount not to exceed $5,000. J.Proposed Resolution No. R24-215-Approve Permit Application, Notice of Commencement, and Permission to Install forms submitted by Fast Signs -Lake Worth, to install a Monument Sign in front of the Boynton Beach Arts & Cultural Center. K.Proposed Resolution No. R24-216-Approving the conditional settlement and release in the amount of $100,000 for the resolution of Kathryn Matos v. City of Boynton Beach, EEOC Charge No. 510-2024 and related claims. L.Approve the renewal and annual expenditure for the one-year extension 258 Minutes City Commission Meeting Boynton Beach, FL September 23, 2024 6 for RFPs/Bids and/or piggybacks for the procurement of services and/or commodities under $100,000. M.Commission Meeting Minutes. Commissioner Hay pulled items #6E and #6K. Motion: Commissioner Turkin moved to approve the consent agenda, as amended. Vice Mayor Kelley seconded the motion. The motion passed unanimously. 6E. Proposed Resolution No. R24-210-Approving a template Facility Use Agreement for entities desiring to use City spaces for meetings, programs, and/or events. Commissioner Hay asked in layman’s term to have this explained. Kelley Armstead, Arts & Culture Division Director, spoke about the facility agreements that are being used, free of charge, to certain organizations. She mentioned that some organizations do pay for facility use. Motion Commissioner Hay moved to approve Resolution No. R24-210. Commissioner Cruz seconded the motion. The motion passed unanimously. 6K.Proposed Resolution No. R24-216-Approving the conditional settlement and release in the amount of $100,000 for the resolution of Kathryn Matos v. City of Boynton Beach, EEOC Charge No. 510-2024 and related claims. Commissioner Hay stated that he does not recall when they voted on this amount. He asked how we came up with this when they had no closed-door session to discuss this. Attorney Lamb spoke about the charge that Kathryn Matos has against the City, and what this agreement is for. Commissioner Hay asked if this releases the City from her being able to come back and sue us. He said that he had no say in this agreement. 259 Minutes City Commission Meeting Boynton Beach, FL September 23, 2024 7 Attorney Lamb spoke about the EEOC Charge and what the process was to come up with the $100K amount. Commissioner Hay said that he is not going to approve this. Commissioner Turkin reiterated if this complaint was brought forward because there was a HIPAA violation. Attorney Lamb spoke about the alleged violation that subjected the City to a lawsuit. Commissioner Turkin spoke about the issue that happened, and the huge violation that it could cause, and he said that this could have cost the City a lot more. He stated that he understands the process. Commissioner Hay said that they do not know if the allegations are true or not., and that he needs more time to talk about this. Commissioner Turkin spoke about the allegations being pretty extreme. He said that his responsibility is to be fiscally responsible with taxpayers’ dollars. Commissioner Cruz stated that they are throwing a lot of opinions and that it should be discussed individually. Attorney Lamb spoke about the time sensitivity. Mayor Penserga spoke about having closed door sessions before for other matters. Attorney Lamb explained what situations will allow closed door sessions, and what will not. Motion Commissioner Turkin moved to table Resolution No. R24-216 to October 1. Commissioner Hay seconded the motion. The motion passed 4-1, with Vice Mayor Kelley dissenting. 7.Consent Bids and Purchases over $100,000 A.Approve the renewal and annual expenditure for the one-year extension for RFPs/Bids and/or piggybacks for the procurement of services and/or commodities over $100,000. 260 Minutes City Commission Meeting Boynton Beach, FL September 23, 2024 8 B.Proposed Resolution No. R24-217-Approve a piggyback agreement with GT Supplies, Inc., for the repair and maintenance of Solid Waste and Recycling equipment for commercial customers containers with an annual expenditure not to exceed $250,000, utilizing City of West Palm Beach Contract ITB 22-23-111MK. C.Proposed Resolution No. R24-218-Approve an increase to the annual expenditure of the agreement between the City of Boynton Beach and Blue Marlin Investments d/b/a Cayco Landscaping from $340,000 to a total annual amount of $418,000. D.Proposed Resolution No. R24-219-Approve a First Amendment to the Piggyback Agreement with ErgoFlex Systems, Inc., d/b/a Xybix Systems, Inc., for the second phase of renovation and upgrading of the Boynton Beach Police Department's Com munications Center, 2080 High Ridge Road, in an amount not to exceed $135,207.32. E.Proposed Resolution No. R24-220-Approve a Piggyback Agreement with Municipal Emergency Services, Inc., utilizing Lake County, FL, Contract #22-730G, for Fire Equipment, Supplies, and Services for an annual amount not to exceed $160,000. Motion: Commissioner Hay moved to approve the Consent Bids and Purchases over $100,000. Commissioner Turkin seconded the motion. The motion passed unanimously. 8.Public Hearing 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A.Proposed Resolution No. R24-221-Adopt the Final millage rate for the General Fund for Fiscal Year 2024-2025. Proposed Resolution No. R24- 222-Adopt the Final Budget for the General Fund and all other funds for Fiscal Year 2024-2025. There were no comments from the Commission. 261 Minutes City Commission Meeting Boynton Beach, FL September 23, 2024 9 Mayor Penserga opened the item to public comments. Susan Oyer stated that this is an excessively large budget. She spoke about allowing a line item veto, and said that there is no septic tank removal line item. Cindy Falco De Corrado stated that she is tired of paying money for things that are being spent foolishly. She spoke about residents paying a lot of money just on taxes. Motion Vice Mayor Kelley moved to approve Resolution No. R24-221. Commissioner Cruz seconded the motion. The motion passed unanimously. Motion Commissioner Hay moved to approve Resolution No. R24-222. Commissioner Turkin seconded the motion. The motion passed unanimously. B.Proposed Resolution No. R24-224-Ratifying Resolution No. R24-192 adopted on September 3rd, 2024 for the Fire Assessment Fee of $145 for fiscal year 2024-2025. There were no comments from the Commission. Mayor Penserga opened the item to public comment. Cindy Falco De Corrado stated that she put a records request in, to ask how many fires do the Firefighters put out each year. She said that we should not be billed out for fires, more for medical. She said that this should have been sunshined a while ago, and they should not have been paying this fee. Susan Oyer stated that there is an exemption form that can be filled out if someone cannot pay for. She said that there is value in this, and seconds matter for first responders to get to where they need to get to. Commissioner Cruz stated that she is not in support of this, and that she has a lot of seniors that are on fixed incomes and they need help filling the exemption forms out. She requested to be able to go to Leisureville with staff members, to help with filling out this exemption form. She asked to have the link of the form sent to all of the 262 Minutes City Commission Meeting Boynton Beach, FL September 23, 2024 10 Commissioners. Commissioner Turkin stated that he brought up the exemption last year and that the rules need to be loosened up, so more people are approved. City Manager Dugger asked for Commissioner Cruz to send him an email about having staff go with her to help seniors fill out the exemption form, and that they can include other neighborhoods besides Leisureville. Commissioner Hay stated that he will support the $145 for now. He spoke about the elderly usually needing the services more. He said that he hopes for a discussion in the future about this. Motion Commissioner Hay moved to approve Resolution No. R24-224. Vice Mayor Kelley seconded the motion. In a roll call vote, the motion passed 3-2, with Commissioner Cruz and Commissioner Turkin dissenting. C.Proposed Ordinance No. 24-012-Second Reading-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 all employment-related contracts on behalf of the City; providing for codification, severability, conflicts, and an effective date. There were no comments from the Commission. Mayor Penserga opened the item to public comment. Tom Ramiccio stated that he has listened to the conversation over the last few months, and spoke about what the City Manager signs, and cautioning them about allowing "all" employment-related contracts. He said that his interest is in preserving our form of government, and spoke about the Council-Manager form of government. Cindy Falco De Corrado stated that she wants to be clear that we are not a strong Mayor form of government. She asked how is the City Manager supposed to do his job, if he has his hands tied. She spoke about the manager managing the City. She said that we are not a strong Mayorship. 263 Minutes City Commission Meeting Boynton Beach, FL September 23, 2024 11 Mayor Penserga spoke about codifying this ordinance. Motion Commissioner Cruz moved to approve Ordinance No 24-012, motion died for lack of a second. D.Proposed Ordinance No. 24-017-Second Reading-An Ordinance of the City Commission of 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. Candace Stone, Community Standards Director, stated that she made the change to the grass, that was requested by the Commission at first reading, and that there had been no other changes. Mayor Penserga opened the item to public comment. Susan Oyer stated that she takes issue with the whole carport issue, and it’s wrong that people are getting cited for having a box in their carport. Cindy Falco De Corrado stated that private property is private property. She said that nobody has a right to tell people anything about their properties, and it should be respected. She spoke about the alleyway that is owned by the City that is disgusting, and asked who gives the City citations. Commissioner Hay stated that he has a situation across from his house, where someone has a boat parked on the side of his house and that the boat was made to be put in the driveway, and it looks terrible. He said that we are not consistent across the board with different neighborhoods. Ms. Stone spoke about the boat ordinance being different from this one. Commissioner Hay commented that it has not been a problem in over 20 years, why now. Ms. Stone spoke about how maybe there was a new Code Officer that has gone out and is issuing citations for all types of violations. 264 Minutes City Commission Meeting Boynton Beach, FL September 23, 2024 12 Commissioner Hay asked if the only thing allowed in the carport is a car and nothing else. Ms. Stone said yes, and they do not go after someone that has a little container. Commissioner Turkin spoke about selective enforcement, and carports that have been converted into an unpermitted room. He spoke about maybe having a percentage being for other things besides cars. He mentioned trimming of the trees, in this ordinance, and asked about the 10 foot from the canopy portion. Ms. Stone stated that the tree has to be 10 feet under any powerlines. She said that there will be a lot of violations right now, because this is a new rule. She mentioned that FPL has a rule of 15ft from the powerline. There was further discussion regarding the trees and powerlines. Commissioner Turkin asked to have the 10 foot portion removed. Vice Mayor Kelley stated that her only concern is opening up who will determine what is too close or not. She said that her issue is residents that immediately come into violation of this new ordinance, and what is our notice period, because she does not want to see residents coming to them to complain about having to cut down trees. She spoke about needing this, but then being on the side of causing a financial burden on residents. Ms. Stone stated that there has to be an education period, and they would not cite for the issue right away. She spoke about calling FPL, to cut trees around powerlines, although they take a while to get there. She said that the education period could be 6 months to a year. Vice Mayor Kelley said that this is necessary but will create a financial burden and asked what the plan is. She wants to know what the City is going to do to assist residents. She stated that she would like to see this tabled. Motion Commissioner Turkin moved to table Ordinance No 24-017, on Second Reading, to October 15. Commissioner Hay seconded the motion. In a roll call vote, the motion passed unanimously. 265 Minutes City Commission Meeting Boynton Beach, FL September 23, 2024 13 E.Proposed Ordinance No. 24-019-Second Reading -An Ordinance of the City Commission of the City of Boynton Beach, Florida, amending Part II of the Code of Ordinances, Chapter 26, "Water, Sewer, and City Utilities" to provide that all water,sewer, and City Utility fees, rates, and charges shall be set by the City Commission by resolution and authorizing an annual CPI adjustment, providing for conflicts,severability, codification, and an effective date. Mayor Penserga opened the item to public comments. Cindy Falco De Corrado asked if this will be under assessment, because she thought it was usage, not them making up numbers. She said that it does not make sense to her. Susan Oyer asked if this is a COLA being added to the rates. She spoke about her being eco-friendly, and not using her water a lot. She asked them to stop and think about this and that it should be about usage. Melissa Hagans stated that she does not understand all of these increases, and that everything keeps going up and it adds up. She said that her heart goes out to senior citizens and that she hopes our large budget will help the residents. She spoke about needing some increases and not other ones, and that senior citizens should be exempt. Commissioner Cruz stated that this removes the accountability of this being a resolution and not an ordinance. City Manager Dugger spoke about putting resolutions on other parts of the agenda, not under consent. Commissioner Turkin asked to have public notice be a part of the resolutions. City Manager Dugger spoke about the 3.5% because they have had fluctuations in cost of living, and that it will not always be 3.5%. He said that every year there is less and less dollar value, and it costs the City more money. Commissioner Turkin said that this just eliminates the two readings of a public hearing. He stated that he wants to make sure that this just does not pass during consent agendas. Dr. Poonam Kalkat, Utilities Director, stated that they are required to do public notifications for any type of increase, and that they do not have to do an ordinance, and that this will be more clear in a resolution. 266 Minutes City Commission Meeting Boynton Beach, FL September 23, 2024 14 Commissioner Cruz asked if it is a 30-day notification. Dr. Kalkat responded yes. Commissioner Cruz asked for clarification that it will be up to a 3.5%, but could be less. Dr. Kalkat responded yes, and that it is still up to the Commission. Motion Vice Mayor Kelley moved to approve Ordinance No 24-019, on Second Reading. Commissioner Turkin seconded the motion. In a roll call vote, the motion passed unanimously. F.Approve Development Order request for Major Site Plan Modification (MSPM-2024.06.52187) application for the Ezell Hester Jr. Community Park, to construct a 17,500 square foot airnasium over the existing basketball court. Commissioner Turkin said regarding Items 8F that he has not had any ex- parte communication, has not received written communication, has not conducted an investigation, has not made a site visit, and has not received expert opinions. He requested that these disclosures and all written communications be made a part of the record. Commissioner Hay said regarding Items 8F that he has not had any ex- parte communication, has not received written communication, has not conducted an investigation, has not made a site visit, and has not received expert opinions. He requested that these disclosures and all written communications be made a part of the record. Mayor Penserga said regarding Items 8F that he has not had any ex- parte communication, has not received written communication, has not conducted an investigation, has not made a site visit, and has not received expert opinions. He requested that these disclosures and all written communications be made a part of the record. Commissioner Kelley said regarding Items 8Fthat she has not had any ex-parte communication, has not received written communication, has not conducted an 267 Minutes City Commission Meeting Boynton Beach, FL September 23, 2024 15 investigation, has not made a site visit, and has not received expert opinions. She requested that these disclosures and all written communications be made a part of the record. Commissioner Cruz said regarding Items 8F that she has not had any ex-parte communication, has not received written communication, has not conducted an investigation, has not made a site visit, and has not received expert opinions, other than staff. She requested that these disclosures and all written communications be made a part of the record. Carl Frumenti, Construction Services Division Director, spoke about the following: project overview; airnasium design features, airnasium benefits, isometric and prospective view; site improvement, project scope, project cots, project timeline; conclusion; and questions. City Manager Dugger stated that this is a project that is long time coming and they worked diligently to make sure that this was accomplished. Mayor Penserga said that the original reason for this was for solar panels and that the savings will be significant. Vice Mayor Kelley asked what the plan is moving forward adding solar to this. Kevin Ramsey, Public Works Director, spoke about the engineering for this facility, and about the steps for this project. Mayor Penserga opened the item to public comment. Cindy Falco De Corrado asked how do solar panels hold up against hurricanes. Motion Commissioner Cruz moved to approve the Development Order. Commissioner Hay seconded the motion. The motion passed unanimously. 9.City Manager’s Report- None A.Receive update on the status of future agenda items. City Manager Dugger stated that he wanted to highlight H, I, J, and K, and asked to have the staff members to come up and request further clarification. 268 Minutes City Commission Meeting Boynton Beach, FL September 23, 2024 16 Mayor Penserga said that he is okay with one on one meetings for these items. Commissioner Cruz said that for item I, she had a discussion with Staff, and they want to try to have a meeting with community stakeholders, and that they would like to have this discussion after the community one. Attorney Lamb stated that there is an amendment to the flood ordinance on October 1st, and asked if she should hold it. Commissioner Cruz responded no. Commissioner Turkin said that he likes this format. Vice Mayor Kelley stated with K, she spoke to Andrew and said that she will connect with the City Clerk to review what needs to be changed and clarified. Commissioner Cruz asked if she wants to have a discussion about constructing a park in Leisureville, if she has to put it on a future agenda. She said that she does not think it will cost much money at all. City Manager Dugger said that it depends on the amount of money it'll cost. 10.Regular Agenda A.Proposed Resolution No. R24-223- Ratification of FY 24-25 CRA Budget. Motion Commissioner Turkin moved to approve Resolution No. R24-223. Commissioner Hay seconded the motion. The motion passed unanimously. B.Discussion and review of draft cleanliness plan. Annalie Holmes, Deputy Director of Public Works, spoke about the plan as follows: public works; streets and beautification division; sidewalk pressure washing; sidewalk inventory; adopt a road; street sweeping; Street sweeper routs; right of way appearance coordination; bus stop condition assessment; prioritization list; and community standards. Vice Mayor Kelley stated that she knows that Minor Road is a County road, but it is horrible. She asked what can we do as far as streetscaping. 269 Minutes City Commission Meeting Boynton Beach, FL September 23, 2024 17 Kevin Ramsey, Public Works Director, stated that we can add Minor Road to this list, and he is waiting to hear back from the County on their schedules for street sweeping. Vice Mayor Kelley spoke about the flooding a few weeks ago at the high school, and asked if it was due to the gutters being blocked. Deputy City Manager Mack stated that part of this was because Lake Worth did not get a chance to lower the levels of the canals. He said that we have had a lot of rain over the last month and a half. Candace Stone, Community Standards Director, spoke about the community appearance and property maintenance code updates. Amanda Radigan, Planning and Development Director, spoke about engineering as follows: traffic control boxes; traffic control box wrap; and vacant storefront program. Dani Moschella, Public Affairs Director, spoke about public affairs as follows: City branding; elements; and questions. Mayor Penserga asked that there are coherent themes throughout the City. He said that he would like to see some standards in written language, and what are we trying to aim for, and gave examples. Commissioner Hay asked about the sidewalk cleaning, and asked if MLK was one of them. Mr. Ramsey responded no. Commissioner Hay said that he would like to see MLK added. Mr. Ramsey said that they will do that with inhouse staff because the bid has already gone out. C.Discussion regarding RFP for Speed Detection Camera System for School Zones. Chief DeGiulio stated that they are back at square one because they have two options: go back to RFP, which would take them backwards and finish towards the end of the school year; or the other option is to piggyback another municipality. Mayor Penserga asked why were the previous RFPs rejected. 270 Minutes City Commission Meeting Boynton Beach, FL September 23, 2024 18 Deputy City Manager Mack stated that there was a tie during the evaluation, and when they dug deeper into this, they saw who was 1st and who was 2nd, and it was in the City's best interest to reject the bid. City Manager Dugger stated that they could do a piggyback or they could go with the current Red Light camera vendor. Commissioner Hay asked if it would be cost efficient to piggyback. City Manager Dugger responded yes. Commissioner Hay said that his recommendation, to go with the piggyback. Commissioner Cruz said that for the future, she would like to see how we had the issue with our RFP and the internal process. She said that she would prefer an RFP, but would go with Commissioner Hay's recommendation. Commissioner Turkin spoke about getting this up and running for the kids and the residents and to be fiscally responsible. Commissioner Cruz said that they did not discuss a company in general. Commissioner Turkin asked if it was recommended to use who we already use for the red-light cameras. Deputy City Manager Mack spoke about a contract amendment to the Verra Mobility contract to add them. He said that they looked at the agreements that they could piggyback, and they are recommending the contract to Verra Mobility. Chief DeGiulio spoke about the contract with Viera being the best for the City. Commissioner Turkin spoke about going with the recommendation of staff. He said that this is important. Vice Mayor Kelley stated that they entertained the RFP option, and she did not like it, and we are back at this again. She said that we have an established relationship with a company, and bringing in any new company would incur extra unnecessary cost to a program they could have up and running fairly quickly. She commented that her understanding is that we are already using Flock, and she does not see a need to seek another company. She asked about the Davie contract, and this being a piggyback 271 Minutes City Commission Meeting Boynton Beach, FL September 23, 2024 19 contract. Chief DeGiulio spoke about the options. Vice Mayor Kelley said she is comfortable going with Verra. Commissioner Cruz said that she wanted to make sure we did the right competitive process. She commented that it was not a waste of time, but now we are on the other side. Mayor Penserga said that he would like to hear from some of the applicants. Commissioner Cruz asked how many we have in the room. Greg Parks, with Red Speed, commented about the RFPs in the state, and the issues that they have come across. He spoke about his clients that they have won for the school zone cameras. He said that they offer a lot of technology and they would love to make a presentation to staff. Assistant City Manager Temple stated that they did not invite vendors to come, so there may not be vendors here to make a presentation. Steven Abrams spoke about the RFP process, and the legal memo that was sent to the City Commissioners Jason Norton, spoke about the Davie contract, contract caveats that need to be read, including terminating the contract. Gary Global stated that they are the current vendor and would love to continue servicing them. Commissioner Cruz asked about the cancellation prices. Attorney Lamb stated that they are looking at piggybacking the contract, they would provide a memo with any red flags that they see in a contract. Commissioner Cruz said that she wants to make sure whoever we end up using, that they do not increase the price. Attorney Lamb said that the Commission would have to approve any contract they go with 272 Minutes City Commission Meeting Boynton Beach, FL September 23, 2024 20 and if there are any issues they might come across. There was further discussion regarding piggybacking with the City of Davie. Stacey Weinger, Deputy City Attorney, spoke about the options that the Commission has, go back to RFP or explore other options of what the City has. Mayor Penserga stated that he recommends the further analysis with Staff. Commissioner Hay asked if the data will be public information. Ms. Weinger spoke about the summary of the review coming back to the Commission. Commissioner Turkin said that he is not going to listen to everything from other vendors until we see the contract ourselves. City Manager Dugger stated that staff is looking for the removal of the RFP process and move forward with an analysis. Commissioner Cruz said that she wants to make sure that this was competitively procured, and if the information stays with the City or not, and what makes this vendor different. 11.Future Agenda Items A.Discussion regarding adding a Sister City from Ireland. -October 1, 2024. Requested by Vice Mayor Kelley. B.Update on upgrades to water treatment plants to meet future drinking water regulations.-October 15, 2024. Requested by Mayor Penserga. C.Discussion regarding Artificial Turf Ordinance.-October 15, 2024. Requested by Commissioner Turkin. D.Discussion regarding Rapid Re-housing Program.-October 15, 2024. Requested by Mayor Penserga. E.Discussion regarding additional digital signs. -November 4, 2024.Requested by Commissioner Hay. F.Discussion regarding City entry way signage. -November 4, 2024.Requested by Mayor Penserga. 273 Minutes City Commission Meeting Boynton Beach, FL September 23, 2024 21 G.Discussion regarding Procurement Policies and Procedures, including local business preference. -December 3, 2024.Requested by Mayor Penserga and Commissioner Cruz. H.Discussion regarding combining City properties together to create senior affordable housing . - Pending meeting with Mayor Penserga.Requested by Mayor Penserga. I.Discussion regarding Amendments to the Code of Ordinances regarding flooding in the community.-Pending meeting with Commissioner Cruz. Requested by Commissioner Cruz. J.Discussion regarding Hazard Pay for Community Standards.-Pending meeting with Commissioner Cruz. Requested by Commissioner Cruz. K.Discussion regarding requirements for Advisory Board Appointments.-Pending meeting with Vice Mayor Kelley Requested by Vice Mayor Kelley. 12.Adjournment Motion Vice Mayor Kelley moved to adjourn the meeting. Commissioner Cruz seconded the motion. The motion passed unanimously. There being no further business to discuss, the meeting was adjourned at 8:44 P.M. CITY OF BOYNTON BEACH ATTEST: _______________________________ Maylee De Jesús, MPA, MMC City Clerk 274 City of Boynton Beach Agenda Item Request Form 7.A Consent Bids and Purchases over $100,000 10/15/2024 Meeting Date: 10/15/2024 Proposed Resolution No. R24-257- Approve a Piggyback Agreement with Pantropic Power, Inc., for Equipment Rental with Related Services to maintain an emergency backup generator for the East Water Treatment Plant in an amount not to exceed $136,871.60. Utilizing the Sourcewell NJPA Contract # 062320-CAT. Requested Action: Staff recommends approval of Proposed Resolution No. R24-257. Explanation of Request: Original contract period: September 17, 2020 - August 27, 2024. Extension to: August 27, 2025. The East Water Treatment Plant operating permit requires an emergency backup power system to enable continuity during any power outage. Installation of a permanent backup power system is underway; however, the Plant requires a temporary generator until the installation is completed. The pricing is based upon Sourcewell NJ PA Contract # 062320- CAT, and Pantropic Power Cat is an authorized Caterpillar Dealer. The Sourcewell NJ PA procurement process satisfies the City's competitive bid requirements. How will this affect city programs or services? The rental of an emergency generator provides continuity of water service to customers. Fiscal Impact: The fiscal impact of the generator rental is $132,681.60 annually from 401- 2811-536.44-30. The fiscal impact of the generator maintenance is $4,190 annually from 401-2811-536.46-20. Attachments: R24-257 Agenda_Item_2182-2023_Resolution_for_Pantropic_Power_piggyback.docx Exhibit A to Resolution - Vendor Executed Piggyback - Pantropic Power.pdf Exhibit B to Piggyback Agmt.pdf 062320-CAT__Caterpillar Inc. Contract Extension.pdf Agenda 03-09-23.pdf 275 RESOLUTION NO. R24-2571 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, APPROVING A PIGGYBACK AGREEMENT WITH 4 PANTROPIC POWER, INC., FOR EQUIPMENT RENTAL WITH RELATED 5 SERVICES TO MAINTAIN AN EMERGENCY BACKUP GENERATOR FOR 6 THE EAST WATER TREATMENT PLANT IN AN AMOUNT NOT TO 7 EXCEED $136,871.60; AND FOR ALL OTHER PURPOSES. 8 9 WHEREAS, on April 30, 2020, Sourcewell, a State of Minnesota local government and 10 service cooperative, issued a “Request for Proposal” (RFP) to establish a cooperative purchasing 11 agreement for Equipment Rental with Related Services for which they received a total of eighteen 12 (18) responses; and13 WHEREAS, Sourcewell found Caterpillar, Inc. (“Vendor”), to be a responsive, responsible 14 bidder and awarded it a four-year (4) contract with an option to extend the contract for one (1) 15 additional one (1) year term, Contract No. 062320-CAT (“Master Agreement”), with a period of 16 September 17, 2020, through August 27, 2024, and as extended through August 27, 2025 by 17 mutual agreement of the Parties to the Master Agreement; and 18 WHEREAS, the City desires to obtain Equipment Rental with Related Services; and19 WHEREAS,the City’s Purchasing Policy Section X – Alternatives to Formal Sealed Bids, 20 provides authority for the City to acquire or contract for services without utilizing a sealed 21 competitive method or the written quotations methods where the desired services are the subject 22 of an agreement that utilizes another government entity’s contract, provided that the contract 23 was awarded based strictly on competitive bidding; and 24 WHEREAS,in order to maintain an emergency backup generator for the East Water 25 Treatment Plant, the City’s Utilities Department is requesting the City enter into a Piggyback 26 Agreement with Vendor to provide an emergency backup power system (“Services”); and 27 WHEREAS, the Vendor has provided the City with a proposal for Services; and 28 WHEREAS, the City desires to issue a purchase order and payment directly to the Vendor 29 for Services under the terms and conditions of the Master Agreement; and30 WHEREAS,the City and Vendor have agreed to allow the City to piggyback the Master 31 Agreement; and32 276 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 33 best interests of the city's citizens and residentsto approve a Piggyback Agreement with Pantropic 34 Power, Inc., for Equipment Rental with Related Services to maintain an emergency backup 35 generator for the East Water Treatment Plant in an amount not to exceed $136,871.60.36 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 a Piggyback Agreement with Pantropic Power, Inc., for Equipment Rental with Related 43 Services to maintain an emergency backup generator for the East Water Treatment Plant in an 44 amount not to exceed $136,871.60 (the “Piggyback Agreement”), in form and substance similar 45 to that attached as “Exhibit A.“46 SECTION 3.The City Commission of the City of Boynton Beach, Florida, hereby 47 authorizes the Mayor to execute the Piggyback Agreement. The Mayor is further authorized to 48 execute any ancillary documents required under the Agreement or necessary to accomplish the 49 purposes of the Agreement and this Resolution.50 SECTION 4.The fully executed Piggyback Agreement shall be retained by the City Clerk 51 as a public record of the City. A copy of the fully executed Piggyback Agreement shall be provided 52 to Bryan Heller to forward to the Vendor.53 SECTION 5.This Resolution shall take effect in accordance with law.54 55 [signatures on the following page]56 57 277 PASSED AND ADOPTED this ______________ day of ______________________________ 2024.58 CITY OF BOYNTON BEACH, FLORIDA59 YES NO60 Mayor – Ty Penserga __________61 62 Vice Mayor – Aimee Kelley __________63 64 Commissioner – Angela Cruz __________65 66 Commissioner – Woodrow L. Hay __________67 68 Commissioner – Thomas Turkin __________69 70 VOTE ______71 ATTEST:72 73 ___________________________________________________________74 Maylee De Jesús, MPA, MMC Ty Penserga75 City Clerk Mayor76 77 APPROVED AS TO FORM:78 (Corporate Seal)79 80 _______________________________81 Shawna G. Lamb82 City Attorney83 278 279 280 281 282 283 284 285 286 Pantropic Power, Inc. 1/30/2023 www.pantropic.com Contract #RAG01302023-1 8205 NW 58th ST Customer Acct. #:3516800 Miami, FL 33166 3/1/2023 Contract For: Brian Heller Email: Roberto_Garcia@pantropic.com Phone: (305) 592-4944, ext. 3022 Phone 561-742-6420 Cell: (305) 970-5902 Cell Email:Hellerb@bbfl.us Comments or Special Instructions: START DATE COLLECTION PERIOD ESTIMATED END DATE SHIFT TAXABLE?INSURANCE?TERMS OF PAYMENTS 1/30/2023 MONTHLY 1/1/2024 Standby (0 hrs)No Yes Net 30 12 QUANTITY Item ID Additional Descritpion UNIT PRICE AMOUNT 1 XQ1000_NC 10,840.00$ 10,840.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 20 4_Odd_50_Ft n/c 20 4_Odd_Female_Lugged n/c 20 4_Odd_Male_Bare n/c -$ -$ -$ -$ -$ Loss Waiver 14% Rental_Evf 2%216.80$ Rental_Fue -$ Re_Trans_E R/T to and from Job Site -$ -$ -$ -$ -$ Re_Mainten PM is required every 250 hours of run -$ time. Invoiced seperately as needed -$ Each PM cost is 2,095.00$ -$ -$ -$ -$ -$ -$ SUBTOTAL 11,056.80$ TAX RATE SALES TAX -$ OTHER -$ 1st MONTH TOTAL 11,056.80$ SUBSEQUENT MONTH/S TOTAL 11,056.80$ Customer Signature (Required): Roberto Garcia Printed Name: Rental Sales Date: PO #: 1000 KW Generator,internal 1250 g fuel tank. Fuel consumption is 53.0 g/hr at 3/4 load. Address: SAME DESCRIPTION JOBSITE: City of Boynton Beach Roberto Garcia Boynton Beach, Fl 33435 Rental Contract One Source, One Call, One Solution DATE Contract valid until: 124 E Woolbright Road Name: 4/0 50' Cam Lok Cable 4/0 Female Lugged Pigtail 4/0 MB Pigtail *Notes: Rental Maintenance Loss Waiver Environmental Fee Fuel Charge Rental Transport External No transport cost as this was paid on the first Exhibit "A" 287 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 062320 -CAT Solicitation Number: RFP #062320 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Caterpillar Inc., 510 Lake Cook Road Suite 100, Deerfield, IL 60015 Vendor or Caterpillar). 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 August 27, 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. While Caterpillar is Vendor under the Contract, pursuant to Section 10(a) it will subcontract certain obligations under this Contract to its dealers. Only those dealers that sign a Rev. 2/2020 Page 324 of 744288 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 062320 -CAT Participation Agreement with Caterpillar obligating them to comply with the terms of this Contract will be eligible to provide Equipment, Products, or Services as a subcontractor under this Contract. In the event there is no dealer who has entered into a Participation Agreement available to provide Equipment, Products, or Services to a Participating Entity, Caterpillar shall be under no obligation to provide Equipment, Products, or Services to such Participating Entity under this Contract. Caterpillar will provide a copy of this Contract to its dealers that would normally service Participating Entities and invite such dealers to enter into a Participation Agreement as a subcontractor of Caterpillar under the terms of this Contract. Rental equipment may not be current year model and may be used, having been rented by Participating Dealer's prior customers. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in 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. Any warranties granted to Participating Entities shall be granted solely by the Participating Dealer renting or otherwise providing the Equipment, Products or Services, as agreed between the parties. If rented equipment needs repair or replacement during the rental period, the Participating Dealer will repair or replace the Equipment at its cost and expense; provided that if the repair or replacement is as result the Participating Entity's misconduct, abuse, misuse, neglect or negligence, such Participating Entity will be responsible for the cost of repair or replacement. Except as expressly stated herein, all warranties, including any implied warranty of merchantability or of fitness for a particular purpose are expressly excluded and disclaimed. 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. Upon request made to a participating CAT dealer, from a Participating Entity identifying themselves as a Sourcewell member by providing their Sourcewell member number and Rev. 2/2020 Page 325 of 744289 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 062320 -CAT contract number, formal rental rate quotes will list all costs, including delivery expenses, such as freight and permits (when required). 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 time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity. B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor with valid tax - exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity. C. HOT LIST PRICING. At anytime during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line -item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities. Rev. 2/2020 Page 326 of 744290 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 062320 -CAT 4. PRODUCT AND PRICING CHANGE REQUESTS Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must: Identify the applicable Sourcewell contract number; Clearly specify the requested change; Provide sufficient detail to justify the requested change; Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing 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 be 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. Caterpillar will not enter into a contract with a U.S. Federal Government entity prior to obtaining necessary internal approvals and shall not be obligated to provide Equipment, Products, or Services to any U.S. Federal Government entity under this Contract unless separately agreed in writing. Caterpillar may work with such parties and may agree to provide equipment or services under the Contract on a case-by-case basis. 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 members to join Rev. 2/2020 Page 327 of 744291 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 062320 -CAT Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract. B. PUBLIC FACILITIES. Vendor's employees maybe required to perform work at government- owned facilities, including schools. Vendor's employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws. 6. PARTICIPATING ENTITY USE AND PURCHASING A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically, a Participating Entity will issue an order directly to Participating Dealers with payment made to the dealer as agreed. 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. 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, or any Participating Addendum, are to be negotiated between a Participating Entity and Participating Dealer, 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, Participating Dealer may agree to 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 Rev. 2/2020 Page 328 of 744292 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 062320 -CAT 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: Maintenance and management of this Contract; Timely response to all Sourcewell and Participating Entity inquiries; and Business reviews to Sourcewell and Participating Entities, if applicable. B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information. 8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made). The Report must contain the following fields: Customer Name (e.g., City of Staples Highway Department); Customer Physical Street Address; Rev. 2/2020 Page 329 of 744293 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 062320 -CAT Customer City; Customer State/Province; Customer Zip Code; Customer Contact Name; Customer Contact Email Address; Customer Contact Telephone Number; Sourcewell Assigned Entity/Participating Entity Number; Item Purchased Description; Item Purchased Price; Sourcewell Administrative Fee Applied; and Date Purchase was invoiced/sale was recognized as revenue by Vendor. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Vendor may not charge Participating Entities more than the contracted price to offset the Administrative Fee. The Vendor will submit a check payable to Sourcewell for one percent (1%) multiplied by the total net rental revenue (excludes freight, permits, and fees) of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter as the administrative fee. Payments should note the Sourcewell-assigned contract number in the memo and must be mailed to the 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. Rev. 2/2020 Page 330 of 744294 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 062320 -CAT 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. Provided, however, that Caterpillar is permitted to subcontract certain of its rights and obligations to Caterpillar dealers for performance without Sourcewell's prior written consent. 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. Intentionally omitted. 11. LIABILITY 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. Rev. 2/2020 Page 331 of 744295 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 062320 -CAT 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 Intentionally omitted. 15. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY. Intentionally omitted. 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. 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. Rev. 2/2020 Page 332 of 744296 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 062320 -CAT 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: 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. If the default remains after the opportunity for cure, the non -defaulting party may: Exercise any remedy provided by law or equity, or Terminate the Contract or any portion thereof, including any orders issued against the Contract. 20. INSURANCE A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an "AM BEST" rating of A- or better, with coverage and limits of insurance not less than the following: Rev. 2/2020 10 Page 333 of 744297 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 062320 -CAT 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. 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 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 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 Rev. 2/2020 11 Page 334 of 744298 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 062320 -CAT 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. All policies must include there will be no cancellation, suspension, non -renewal, or reduction of coverage without 30 days' prior written notice to the Vendor. Upon request, Vendor must provide to Sourcewell copies of applicable policies and endorsements, within 10 days of a request. 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, 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 "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. A Participating Dealer may name a Participating Entity as an additional insured on a case-by-case basis. 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. A Participating Dealer may waive subrogation against a Participating Entity on a case-by-case basis. 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. Participating Dealers 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 Participating Dealers conduct with Sourcewell and Participating Entities. Rev. 2/2020 12 Page 335 of 744299 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 062320 -CAT 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. 23. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Intentionally omitted. 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 DocuSigned by: By: 9DO6489... Jeremy Schwartz Title: Director of Operations & Procurement/CPO Date: 9/16/2020 1 10:23 AM CDT Approved: D11occuSigned by: By: — 7E42B8F817A64CC... Chad Coauette Title: Executive Director/CEO Date: 9/17/2020 1 1:42 PM CDT Rev. 2/2020 Caterpillar Inc. jD ocuSignedd by: By: - scasesc('ss1a9 Chris Gustafson Title: Global Accounts & Allied Prod. Mgr. Date: 9/17/2020 1 11:39 AM PDT 13 Page 336 of 744300 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 RFP 062320 - Equipment Rental with Related Services Vendor Details Company Name: Caterpillar Inc Does your company conduct business under any other name? If IL yes, please state: 100 NE Adams St Address: Peoria, IL 61629 Contact: Darren Wilson Email: Wilson_Darren_R@cat.com Phone: 309-265-4542 HST#: Submission Details Created On: Monday May 18, 2020 15:44:18 Submitted On: Tuesday June 23, 2020 16:17:32 Submitted By: John Frame Email: Frame_John_J@cat.com Transaction #: 08b57e2d-460c-40d2-a160-12248816b576 Submitter's IP Address: 34.69.162.10 Bid Number: RFP 062320 Vendor Nam ' Ite- llNnQ301 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 Specifications Table 1: Proposer Identity & Authorized Representatives General Instructions (applies to all Tables) Sourcewell prefers a brief but thorough response to each question. Please do not merely attach additional documents to your response without also providing a substantive response. Do not leave answers blank; mark "NA" if the question does not apply to you (preferably with an explanation). Line Item Question Response* 1 Proposer Legal Name (and applicable d/b/a, if any): Caterpillar Inc. 2 Proposer Address: 510 Lake Cook Road, Suite 100, Deerfield, Illinois 60015 3 Proposer website address: caterpillar.com CAT.com 4 Proposer's Authorized Representative (name, title, address, Chris Gustafson email address & phone) (The representative must have Global Accounts & Allied Prod Mgr. authority to sign the "Proposer's Assurance of Compliance" GUSTAFSON_CHRISTOPHER_D@cat.com on behalf of the Proposer and, in the event of award, will 1 309 675 4802 be expected to execute the resulting contract): 5 Proposer's primary contact for this proposal (name, title, John Frame, address, email address & phone): Rental National Accounts Mgr., Governmental Segment Frame _ John _J@cat. com 309-675-2891 6 Proposer's other contacts for this proposal, if any (name, Chris Gustafson title, address, email address & phone): Global Accounts & Allied Prod Mgr GUSTAFSON—CHRISTOPHER—D@cat.com 1 309 675 4802 Table 2: Company Information and Financial Strength Line Question Item Bid Number: RFP 062320 Response" Vendor Namge or74c4302 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 7 Provide a brief history of your company, including your Caterpillar was founded in 1925 when two entrepreneurs company's core values, business philosophy, and industry merged their companies: Holt Manufacturing Company and longevity related to the requested equipment, products or C.L. Best Tractor Company. The merger was a great services. success because the ethics of both men were focused on high quality products and the best customer support. Since the founding 95 years ago, Caterpillar Inc. has retained the culture of focusing on customer needs and supporting products after the sale. Our company culture is keenly focused on customer satisfaction and every employee realizes that a customer's experience using the product will determine whether he or she will continue to purchase, lease, or rent Caterpillar products & services in the future. The key to this satisfaction is two -fold: develop & provide the best products and services that empower our dealers to offer the best support. Through this combination, we are proud to prove that our products and services offer the best value to our customers regardless of where they are located. We can prove measurable advantages in total owning and operating costs as well as intangible benefits in terms of standard safety features and telematics information sharing; as well as and many training, fleet health, and application support services offered by our dealers. Please refer to attached "Caterpillar Code of Conduct" in the attached "Financial Strength and Stability" zip folder for details regarding our corporate core values and business philosophy. 8 What are your company's expectations in the event of an Caterpillar is honored to have served Sourcewell and its award? members' who have purchased CAT construction equipment, work -tools, and electrical power generation products through Sourcewell since 2008. Furthermore, we are proud to have earned the Sourcewell Legacy Award in 2019. Caterpillar contributes well over half of the revenue Sourcewell receives in the current Heavy Construction purchase) contract (032119 -CAT) and look forward to the opportunity to further grow business and serve members' needs together through a rental contract. Bid Number: RFP 062320 Vendor Nam ' N iNnQ303 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 9 Demonstrate your financial strength and stability with Maintaining financial strength is a critical priority for meaningful data. This could include such items as financial Caterpillar. We receive debt ratings from the major credit statements, SEC filings, credit and bond ratings, letters of rating agencies. Caterpillar is "mid -A" rated by S&P and credit, and detailed reference letters. Upload supporting Fitch and has a "low -A" rating with a positive outlook from documents (as applicable) in the document upload section of Moody's. Maintaining our "mid -A" credit rating is critical to your response. our cash deployment priorities. Due to our prudent focus on financial strength, on a comparative basis Caterpillar has generally demonstrated higher profitability, lower leverage, and better liquidity than our competitor peer group. Our liquidity position is extremely strong with typically the highest percentage of cash as a percent of total assets on the balance sheet vs our competitors. Please see five-year financial summary recently published in the attached "2019 Caterpillar's SEC form 10K Financial Summary" in the "Financial Strength and Stability" zip folder , which provides additional details about our financial position. The full text of the 239 -page 10-K document can be found on our public website: hftp://\mAm.caterpillar.com/enlinvestors/sec-filings.html In 2019, Caterpillar sales and revenues were $53.8 billion. In 2019, Caterpillar delivered record profit per share of $10.74 per share and ended 2019 with $8.3 billion of enterprise cash. After paying uninterrupted rising annual dividends for more than two decades, Caterpillar, Inc. (NYSE: CAT) reached the 25th consecutive year mark for inclusion in the elite group of companies designated as Dividend Aristocrats. In addition to a minimum of 25 consecutive years of dividend hikes, a company must be a component of the S&P 500 index and must have a market capitalization of at least $3 billion to qualify as a Dividend Aristocrat. 10 What is your US market share for the solutions that you are CAT dealers are independent businesses. As such proposing? Caterpillar cannot share their rental revenue market share. However, with Cat Rental Stores, Cat heavy equipment, Cat Power Systems, and dealer crane rental locations; Caterpillar has the largest rental fleet based on OEC in North America. 11 What is your Canadian market share for the solutions that CAT dealers are independent businesses. As such you are proposing? Caterpillar cannot share their rental revenue market share. However, with Cat Rental Stores, Cat heavy equipment, Cat Power Systems, and dealer crane rental locations; Caterpillar has the largest rental fleet based on OEC in North America. 12 Has your business ever petitioned for bankruptcy protection? No. Caterpillar Inc. has never been bankrupt. If so, explain in detail. Bid Number: RFP 062320 Vendor Namge R ' P" 304 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 13 How is your organization best described: is it a Caterpillar is a manufacturer of construction, mining, energy 16 manufacturer, a distributor/dealer/reseller, or a service and transportation equipment, technology and provider of provider? Answer whichever question (either a) or b) just related services. below) best applies to your organization. we are highlighting some recognition received in 2018 & a) If your company is best described as a Caterpillar Inc. is a world class manufacturer which distributor/dealer/reseller (or similar entity), provide your distributes products through a vast and capable dealer written authorization to act as a distributor/dealer/reseller for network. the manufacturer of the products proposed in this RFP. If applicable, is your dealer network independent or company CAT dealers are strong independent companies and in North owned? America alone they have a combined net worth of billions of b) If your company is best described as a manufacturer dollars. Their large valuation is a competitive advantage or service provider, describe your relationship with your because it allows them to have the infrastructure to support sales and service force and with your dealer network in customers regardless of location, industry, fleet size, or delivering the products and services proposed in this RFP. application. We believe the service parts inventory Are these individuals your employees, or the employees of a maintained by CAT dealers is the largest of any construction third party? equipment and power systems brand. Another advantage of independently owned dealers is that they know their customers and market well. They tailor their services specifically to their customers' needs. Caterpillar and each dealer have signed a sales and service agreement that outlines the specific expectations from both parties. In a broad overview, Caterpillar manufactures products and sells them to CAT dealers. The dealers then sell, lease and rent those products to customers. Caterpillar does not sell directly to state, province, nor local governments. Although Caterpillar will sign this contract as a manufacturer, CAT dealers will be given the opportunity to avail themselves of the rental business presented by the contract and will execute all the transactions with governmental, educational and non-profit customers as they do today. This includes but is not limited to consultation, quoting, accepting payment, delivery, warranty support, parts sales, and service. This is no different than sales and rentals occurring outside the terms of this agreement. Caterpillar dealers heartily embrace Sourcewell contracts 032119 -CAT, #120617 -CAT, and all of them have been trained in there use and as such will already be familiar with Sourcewell's rental contract. In fact, the Sourcewell contract covering equipment & work -tools for purchase (032119 -CAT) was leveraged by more than 90% of our dealers in 2018 and 2019. Caterpillar offers specific discounts to Sourcewell members. By renting to members under the Sourcewell contract, participating CAT dealers agree to honor those discounts. 14 If applicable, provide a detailed explanation outlining the To the extent of our knowledge, we are unaware of specific licenses and certifications that are both required to be held, licenses or certifications required to pursue the business and actually held, by your organization (including third parties covered by this RFP. and subcontractors that you use) in pursuit of the business contemplated by this RFP. 15 Provide all "Suspension or Debarment" information that has Caterpillar Inc. has not been suspended or disbarred in the applied to your organization during the past ten years. Past ten years. Table 3: Industry Recognition & Marketplace Success Line Item Question Response* 16 Describe any relevant industry awards or recognition that Please note: To list all the awards received in the past five your company has received in the past five years years would unnecessarily lengthen our response. For brevity, we are highlighting some recognition received in 2018 & 2019. Sourcewell Legacy Award -2019 Bid Number: RFP 062320 Vendor Namge IFP " 305 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 Bid Number: RFP 062320 2018 Corporate Awards & Recognition Forbes Magazine America's Most JUST Companies -- Forbes World's Most Reputable Companies 2018 -- #47 Fortune 500 -- #65 Dow Jones Sustainability Index -- 19 -year member Fortune World's Most Admired Companies 2018 -- #43 Forbes America's Best Employers for Diversity 2018 -- Top Veteran -Friendly Companies 2018 -- U.S. Veterans Magazine Woman Engineer Magazine -- Top 50 Employers 2018 21 Minority Engineer Magazine -- Top 50 Employers 2018 15 CAREERS & the disABLED Magazine -- Top 50 Employers 2018 -- #9 Human Rights Campaign Foundation Corporate Equality Index 2018: Score = 90 Forbes 2018 Top 25 Places to Work in Brazil -- #5 Forbes Best Employers for Women 2018 -- #245 Interbrand Best Global Brands 2018 -- #82 Top 150 Global Licensors — Global License Top 1,000 companies with the Strongest Female Leaders — Mogul 7 Companies with Impressive Mentorship Programs — Glassdoor Top -Rated Workplaces: Best For Veterans — Indeed Best Product Support in 2018 — Brazilian Association of Technology for Construction and Mining Facility of Distinction for Safety — Indonesia Certification on Promoting Work Life Balance — Japan 2018 Product Awards & Recognitions Top 100 Awards from Construction Equipment magazine D8T TTT Next Gen 20 -ton HEX 24 MG 903D CWL UTVs Contractor's Choice Awards from Roads & Bridges magazine PM622 — Gold AP1055F — Gold AP555F — Gold SE60 V XW — Gold CB66B — Gold CS56B — Gold D6T — Gold 315F CR — Gold 335F CR — Gold 962M — Gold 140M3 — Gold B20 — Gold Grade Control — Bronze Product Link — Bronze 420F2 — Gold 304.5E2 XTC — Silver 299D2 XHP — Gold TH255C - Gold 777G — Gold Top 50 Award from Equipment Today magazine 320 GC, 320 and 323 Next Gen HEX Twenty for 2018 Award from Landscape Business magazine UTVs Vendor Namge MY' P7" 306 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 17 What percentage of your sales are to the governmental The governmental & educational sector is extremely CAT equipment purchaser: sector in the past three years important to Caterpillar. We do not track government and Lac La Biche County, AB Manager education separately. However, it is safe to assume that the CAT equipment purchaser: Mark Chileen, Director of Public Works bulk of these sales is to state, county, municipal, and County of St. Paul, AB special districts. We have a dedicated team to ensure CAT equipment purchaser: Clayton Funk, Fleet Manager success in this market. Overall, the percentage of our sales Douglas County, KS to non-federal governmental agencies varies between 11% CAT equipment purchaser: Joey Auche, Fleet Operations and 26%. City of Newport News, VA Superintendent Some of our product families are highly focused and CAT equipment purchaser: Klamath Tom Crist, Operations Manager designed for governmental customers. With these products, County Solid Waste, OR we see the percentage of our sales to government as high as 75%. 18 What percentage of your sales are to the education sector The governmental & educational sector is extremely in the past three years important to Caterpillar. We do not track government and education separately. However, it is safe to assume that the bulk of these sales is to state, county, municipal, and special districts. We have a dedicated team to ensure success in this market. Overall, the percentage of our sales to non-federal governmental agencies varies between 11% and 26%. Some of our product families are highly focused and designed for governmental customers. With these products, we see the percentage of our sales to government as high as 75%. 19 List any state, provincial, or cooperative purchasing contracts While CAT dealers would typically hold contracts with states that you hold. What is the annual sales volume for each of and provinces, as an exception Caterpillar holds the state these contracts over the past three years? contract with Ohio. Additionally, we are contract holders with National IPA and NASPO ValuePoint. Just as we would never share Sourcewell transaction information with other cooperatives, we don't feel it would be honorable to share the volumes of those contracts. However, we are happy to report that of all cooperative contract sales, most are transacted via Sourcewell. 20 List any GSA contracts or Standing Offers and Supply Caterpillar holds GSA contract GS -30E -0018U, Schedule Arrangements (SOSA) that you hold. What is the annual 23V Automotive Superstore. The sales volume is more than sales volume for each of these contracts over the past three 9.2M per year. Caterpillar also holds GSA EPG contract years? GS07F5666R, Schedule 56 Buildings and Building Materials. The sales volume is approximately $1M per year. We do not allow our dealers to use our GSA contracts. Table 4: References/Testimonials Line Item 21. Supply reference information from three customers who are eligible to be Sourcewell participating entities. Entity Name * Contact Name* Phone Number* CAT equipment purchaser: Les Cote, Equipment Maintenance 780) 623-6815 Lac La Biche County, AB Manager CAT equipment purchaser: Mark Chileen, Director of Public Works 780) 645-3006 County of St. Paul, AB CAT equipment purchaser: Clayton Funk, Fleet Manager 785) 331-1333 Douglas County, KS CAT equipment purchaser: Joey Auche, Fleet Operations 757) 848-8406 City of Newport News, VA Superintendent CAT equipment purchaser: Klamath Tom Crist, Operations Manager 541) 891-5687 County Solid Waste, OR Bid Number: RFP 062320 Vendor Namge U PP " 307 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 Table 5: Top Five Government or Education Customers Line Item 22. Provide a list of your top five government, education, or non-profit customers (entity name is optional), including entity type, the state or province the entity is located in, scope of the project(s), size of transaction(s), and dollar volumes from the past three years. Entity Name Entity Type State / Province* Scope of Work* Size of Dollar Volume Past trained in the industry. We ask CAT dealer sales people to Transactions Three Years City of Minneapolis Government Minnesota - MN Construction 102 machines 2.6 million Public Works Fleet remains current on all product updates. Specifically, as it Equipment relates to governmental sales, each dealer has one or more Div. people named to be a key liaison between us as a manufacturer, and their dealer sales team. This person is City of Raleigh Government North Carolina - NC Construction 110 machines 2.2 million In North America, our dealers employ more than 53,000 Equipment people across the machine, energy, parts, and service State of Maine Government Maine - ME Construction 223 machines 1.5 million Dept. of service and support. Equipment The dealer sales teams are supported by a network of Transportation Caterpillar professionals. Each dealer has in -territory support of 5-8 Caterpillar sales/marketing employees. It is the City of North Las Government Nevada - NV Construction 48 machines 0.9 million Vegas and to adapt to marketplace changes. Beyond the territory Equipment experts, the sales and marketing department at Caterpillar is State of Utah Government Utah - UT Construction 25 machines 0.8 million the -scenes" to ensure industry leading product design, up-to- Equipment date product information, and maintaining the ease of doing Table 6: Ability to Sell and Deliver Service Describe your company's capability to meet the needs of Sourcewell participating entities across the US and Canada, as applicable. Your response should address in detail at least the following areas: locations of your network of sales and service providers, the number of workers (full-time equivalents) involved in each sector, whether these workers are your direct employees (or employees of a third party), and any overlap between the sales and service functions. Line Item Question Response* 23 Sales force. The CAT dealer salesforce is the most capable and highly trained in the industry. We ask CAT dealer sales people to be consultants and to advise customers on the best solutions. As a manufacturer we request our dealers to follow strict training protocols to ensure our sales force remains current on all product updates. Specifically, as it relates to governmental sales, each dealer has one or more people named to be a key liaison between us as a manufacturer, and their dealer sales team. This person is offered additional in-depth training on Sourcewell and ensures that all contract terms are followed. In North America, our dealers employ more than 53,000 people across the machine, energy, parts, and service divisions. Of this number more than 8% (4400) are in machine and parts sales; more than 39% (21,000) are in in service and support. The dealer sales teams are supported by a network of Caterpillar professionals. Each dealer has in -territory support of 5-8 Caterpillar sales/marketing employees. It is the responsibility of these people to ensure that the dealer and Caterpillar are working well together to constantly improve and to adapt to marketplace changes. Beyond the territory experts, the sales and marketing department at Caterpillar is staffed by more than 600 people whose mission is to focus on customer satisfaction. Even more are employed "behind - the -scenes" to ensure industry leading product design, up-to- date product information, and maintaining the ease of doing business in an increasingly connected marketplace. Bid Number: RFP 062320 Vendor Namge N' ' P7" 308 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 24 1 Dealer network or other distribution methods. 25 Service force. Bid Number: RFP 062320 The CAT dealer network is key to the success of our company. Within Canada and the United States, we have more than 800 dealer owned locations that rent equipment. Please refer to our directory listing of CAT dealers locations and locations map in the attached "Additional Documents" zip file / "Cat Dealer Rental Locations -Canada & U.S." folder. are independently owned, and many cover an entire state or province. (In some cases, dealers cross state/provincial boundaries, and in other cases, more than one dealer will be located in a state.) Each dealer has multiple branch locations and a mobile service fleet that can serve customers regardless of location. These are all physical locations our governmental customers may use. Because of the size of CAT dealers, they are exceptionally capable to serve governmental customers. Collectively, CAT dealers' large net worth permits them to stock a high volume of replacement parts — allowing governmental customers the fastest turnaround on parts availability and repair time. CAT dealers recognize the importance of governmental business to their overall success and they each have one or more governmental specialists whose job it is to serve governmental agencies well. Please refer to the CAT dealer rental locations list and map included as attached documents. We at Caterpillar are very proud of the saying: "The sales department sells the first machine; the service department sells every one after that." The CAT dealer network in North America collectively employs more than 20,000 factory trained technicians, parts experts, product support managers and other service-oriented staff. These people are supported with the best repair shop equipment and materials. As machines and engines are constantly updated, so too are our service experts. We conduct product -specific training every week of the year. Technician shortage is an industry- wide concern, but because CAT dealers are large, long established companies, they can offer strong compensation and benefit packages that encourage the best people to seek employment and to retain them once hired. Caterpillar works very closely with dealers and through a program called "Think Big," we are able to keep the pipeline of high quality employees full. In addition to the technicians and mechanics that work on the machines directly, each dealer has a service support staff that includes customer -facing consultants who are responsible for working with customers to set up maintenance and repair schedules to ensure the best possible up -time. Collectively, service support staff makes up the bulk of each dealers' staff. Roughly half of their personnel investment goes to ensuring customer success via product support. The dealer service teams are supported by a network of Caterpillar professionals. Each dealer has in -territory support of 5-8 Caterpillar parts/service employees. It is the responsibility of these people to ensure that the dealer and Caterpillar are working well together to constantly improve and to adapt to marketplace changes. Beyond the territory experts, the service and support groups at Caterpillar are staffed by thousands of people whose mission is to focus on post -sale customer satisfaction. Even more are employed "behind -the -scenes" to ensure technical literature is up to date, service standards are adhered to, and repair questions are answered quickly. We exceed our 95% 1 -hour response rate target in responding to dealer service inquiries. Vendor Namge 45or744309 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 26 27 28 Describe in detail the process and procedure of your customer service program, if applicable. Include your response -time capabilities and commitments, as well as any incentives that help your providers meet your stated service goals or promises. Identify your ability and willingness to provide your products and services to Sourcewell participating entities in the United States. Identify your ability and willingness to provide your products and services to Sourcewell participating entities in Canada. We are proud that our reputation stands on having the best customer support in the industry. In fact, our capabilities are industry leading. Should a customer ever have a problem or issue with a machine, their Cat dealer is empowered to resolve that issue locally. If the problem is a result of a defect in material or workmanship, Caterpillar will cover that completely within the standard warranty period. Every Caterpillar dealer has a common detailed service process in place. Caterpillar supports and verifies that the dealer service technicians are supplied with the tools and equipment needed to repair all Caterpillar products. Technicians have access to an electronic library of technical information including Service Letters, Technical Information Bulletins, System Operations, Troubleshooting, and Disassembly and Assembly manuals. These manuals are provided for every Caterpillar product. Each dealer also has one or more "Technical Communicators" who is dedicated to supporting the service technicians by acting as a liaison between their shop personnel and Caterpillar. The service technicians also have a dealer support network DSN) system with direct access to Caterpillar's Service Engineers. Caterpillar responds to more than 95% of all high priority tickets within one hour. Depending on a customer's needs, they may choose to handle service issues themselves, in conjunction with their dealer, or they may ask their dealer to handle them entirely. To meet the varying desires of each customer, Caterpillar offers a wide range of service programs: Cat EM Solutions Cat Equipment Care Advisor -Monitor Cat Equipment Care Advisor -Protect Cat Inspect Condition Monitoring Customer Support Agreements S -O -S Services We are happy to serve all geographic areas and all Sourcewell Member sectors, within the United States with our complete product and service offering through Sourcewell. Caterpillar has successfully utilized Sourcewell to sell machines in 49 States and Canada. We are happy to serve all geographic areas and all Sourcewell Member sectors, within Canada with our complete product and service offering through Sourcewell. In fact, we see the Canadian market as a significant growth opportunity for Sourcewell use and will actively encourage its use. Caterpillar is gaining significant momentum with Canadian sales through Sourcewell contract #032119 -CAT. In 2018, Caterpillar sales growth in Canada for machines through 032119 -CAT increased nearly 400% over the previous year. Bid Number: RFP 062320 Vendor Namge U PP " 310 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 29 Identify any geographic areas of the United States or CAT dealers maintain over 800 equipment rental locations Canada that you will NOT be fully serving through the that serve every state and province throughout the United proposed contract. States and Canada. Caterpillar has successfully utilized Sourcewell to sell machines in 49 States and Canada. We are happy to serve all geographic areas within the United States and Canada with our complete product and service offering through Sourcewell. Cat dealers are independently owned businesses. Consequently, before dealers can participate in national accounts contracts, including those resulting from proposals to Sourcewell RFPs such as 062320; they must "opt -in" by signing a Dealer Participation Agreement with Caterpillar Inc. Please refer to Table 16: Exceptions to Terms, Conditions, or Specifications For, contract section 2 for further explanation regarding CAT dealer participation. 30 Identify any Sourcewell participating entity sectors (i.e., We are happy to serve all Sourcewell Member sectors, government, education, not-for-profit) that you will NOT be within the United States and Canada with our complete fully serving through the proposed contract. Explain in detail. product and service offering through Sourcewell. For example, does your company have only a regional presence, or do other cooperative purchasing contracts limit Caterpillar's cooperative purchasing and rental contracts are your ability to promote another contract? non-exclusive; i.e. none of them restrict Caterpillar from promoting any other cooperative purchasing contracts. Cat dealers are independently owned businesses. Consequently, before dealers can participate in national accounts contracts, including those resulting from proposals to Sourcewell RFPs such as 062320; they must "opt -in" by signing a Dealer Participation Agreement with Caterpillar Inc. Please refer to Table 16: Exceptions to Terms, Conditions, or Specifications Form, contract section 2, for further explanation regarding CAT dealer participation. 31 Define any specific contract requirements or restrictions that There are no restrictions or limitations for sales to members would apply to our participating entities in Hawaii and in Hawaii, Alaska, or U.S. Territories. However, because Alaska and in US Territories. products available in Hawaii, Alaska, or U.S. Territories are different from those within the U.S. and Canada, we may need to adjust our product list and provide revised pricing as Sourcewell expands to serve these markets. Table 7: Marketing Plan Line Question Item Bid Number: RFP 062320 Response" Vendor Namge I of P 7 4311 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 32 Describe your marketing strategy for promoting this contract opportunity. Upload representative samples of your marketing materials (if applicable) in the document upload section of your response. 33 Our current marketing strategy with Sourcewell contract 032119 -CAT proves to be effective, with year over year sales growth through this contract; including over 75% in 2019 vs. the previous year. Should we be fortunate enough to be awarded a contract for equipment rental in response to RFP #062320, we will proudly announce the award publicly through our multiple customer facing touchpoints which may include: Press Release Governmental Solutions Magazine (Caterpillar produced magazine distributed to governmental customers in the US and Canada Government Training & Safety Days (governmental customer training events at Caterpillar facilities) Announcement in our monthly governmental customer eNewsletter Announcement on our social media channels (FB, Instagram, Linkedln) Feature on our governmental focused website: www. cat. com/governmental Display mentions at all governmental tradeshows we attend Updated literature with the new contract information. Some examples are included as attached documents. However, we will use the opportunity of this newly awarded contract to update and redesign our materials to include our equipment rental offering. Describe your use of technology and digital data (e.g., Caterpillar and the CAT dealer network are leaders in using social media, metadata usage) to enhance marketing emerging technologies to reach our customers. We manage effectiveness. several Facebook pages, Instagram, Linkedln, etc. and can target governmental segments separately. We also look at past purchase history and financing information to recognize in advance when customers may be considering replacing machines that they own. Bid Number: RFP 062320 We have a subscription to a third -party database (Deltek) which we use to monitor future funding. It is our intention to reach out (via CAT dealers) to these potential customers and recommend the Sourcewell solution as they prepare for future purchases and equipment rentals. Vendor Namge PP " 312 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 34 In your view, what is Sourcewell's role in promoting contracts We count on Sourcewell to promote themselves, awarded 36 arising out of this RFP? How will you integrate a Sourcewell- contracts and the viability of cooperative purchasing and awarded contract into your sales process? rental in general. We appreciate Sourcewell's presence in entities. Include details, such as whether training is standard industry media, tradeshows, and their web presence. We or optional, who provides training, and any costs that apply. also appreciate Sourcewell's 'Get to Know You' training forums, which many Caterpillar dealer sales teams have attended throughout the United States. While Sourcewell should continue their currently strong marketing efforts, we believe it is also our responsibility to promote the contract with our customer base. Some examples of our marketing efforts are mentioned in our response to line item 32. We will also encourage these conversations between our sales force and the buyers and influencers who are considering our equipment for purchase. As Sourcewell is already well on the way to be the preferred selling method to non-federal governmental entities by Cat dealers, we will also encourage them to utilize the rental contract as well. There is a team of dedicated corporate governmental specialists whose job is to assist dealers with sales and rentals. These team members are experts in cooperative purchasing and work daily with 37 Describe any technological advances that your proposed customers and dealers to answer questions and to facilitate its use. Caterpillar also has a Governmental Affairs team who will continue to work closely with Sourcewell's Governmental Affairs staff, when necessary, to lobby for procurement codes that allow the use of Cooperative Contracts. 35 Are your products or services available through an e- Our parts division lends itself best to e -procurement and procurement ordering process? If so, describe your e- many CAT dealers offer that capability to customers via a procurement system and how governmental and educational dealer portal. customers have used it. Our machines are complex and often custom -configured. A consultative salesperson is integral to ensuring that machines are configured and built to perform well in their expected duties. For this reason, we do not offer a company -wide e - procurement option. Our dealers are innovators however, and if they offer e -procurement now or in the future we are pleased to allow Sourcewell members to use that option. Table 8: Value -Added Attributes Line Item Question Response* 36 Describe any product, equipment, maintenance, or operator All dealers offer basic operation, safety, and maintenance training programs that you offer to Sourcewell participating training with every sale. Should a customer desire more entities. Include details, such as whether training is standard advanced training, such as productivity improvement or or optional, who provides training, and any costs that apply. advanced repairs, each of our dealers can supply that training. Often there is a cost associated with that specific additional training and it would be negotiated between the dealer and the customer. Caterpillar also offers training programs directly to customers in three areas — operation, safety, and service. Members may access courses online, via CDs, or through instructor - led classes leading to operator certifications. The fees for these services vary depending on the depth of training desired. These high-level instructor -led courses can be conducted at one of our dedicated training facilities in the US, or on a customer's local site using their own equipment. Advanced repair courses may occasionally be made available to non -dealer mechanics. Current course options are available through dealer product support departments. These courses have a fee which varies according to class length and materials. 37 Describe any technological advances that your proposed Technology is a key product differentiator for Caterpillar. To Bid Number: RFP 062320 Vendor Namge 1 PP " 313 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 products or services offer. Bid Number: RFP 062320 describe each of them in detail would expand the length of this response beyond a reasonable level. For brevity, key technologies are referenced below. More detail is available on our product pages on www.cat.com. Remote monitoring and telematics are available on every machine. This allows customers and dealers to monitor machine health and operation with the intent of early issue detection. Through our proprietary fleet monitoring software, we are leaders in using technology to prevent unexpected downtime. Motor Graders Auto shift Transmission – maintains consistent torque through shifts with reduced forces and variations Eco Mode - Save up to 10 percent on fuel consumption Blade Slope Meter - Reduces the dependence on manual grade checking. Cross Slope Indicate - provides a real time readout of cross slope on the machine display Auto Cross Slope - Save up to 40 percent in material with the Cat GRADE Cross Slope feature Cat Grade - Ensures machine readiness for additional 2D/3D grade control technologies Stable Blade - Senses blade bounce before the operator to reduce manual throttle use and site rework Rearview Camera - enhances visibility along with a heated lens to prevent snow buildup Dozers Auto shift Transmission with Lockup Torque Converter – Saves up to 20% of fuel with no operator input Electric Drive Transmission (option) – Saves up to 35% of fuel with no operator input Slope Indicate - provides a real time readout of cross slope on the machine display Slope Assist - automatically maintains blade slope without a GPS signal Cat Grade with 3D - enables operators to improve grading efficiency, accuracy, and productivity in both production dozing and finish grading applications AutoCarry – automatically controls blade lift for more consistent blade loads and less track slip Stable Blade – monitors blade pitch and automatically controls the blade for smoother finishes Rearview Camera - enhances visibility with HD quality and back-up lines Excavators Eco Mode - automatically adjusts engine and hydraulic power for the highest fuel efficiency—less power for tasks such as swinging and more power for digging Cat Grade with 2D - helps operators reach grade faster eliminating grade checkers Cat Grade with 3D – increases productivity and expands grading capabilities Dig Assist – Automatically controls boom and bucket movements to deliver more accurate cuts with less effort Payload measuring - delivers precise load targets with on -the -go weighing eFencing - automatically stops excavator motion using boundaries you set in the monitor for the entire working envelope—above, below, sides and front Birds eye 360 view Camera - rearview and right -side - view cameras always keep operators aware of their surroundings Wheel Loader Electric Drive Transmission (option) - Maintains productivity while operating 25 percent more efficiently Eco Mode - reduces fuel consumption with minimal Vendor Namge INnQ314 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 38 Describe any "green" initiatives that relate to your company or to your products or services, and include a list of the certifying agency for each. impact to productivity Payload measuring - brings payload weighing to the cab so operators can work more productively and deliver accurate loads with confidence Ride Control - works as a shock absorber, improving ride quality over rough terrain Object Detect — increases operator awareness around the machine and provide alerts to help keep people and assets safe on the job site Rearview Camera - enhances visibility with HD quality Backhoe 4WD Auto Shift 6 speed Transmission with Lockup Torque Converter - allows effortless gear and direction changes while maintaining continuous traction throughout the work cycle for better torque and added fuel efficiency Ride Control - provides a much smoother ride in all applications Variable Speed Steering — reduces number of steering wheel rotations when rotated faster. Skid Steer Loader/ Compact Track Loader Remote Task — allows operator to precisely control the machine from a safe location Cat "Intelligent Leveling" system (ILEV) provides industry leading technology, integration and features such as dual direction, self -leveling, work tool return -to -dig and work tool positioner Speed Sensitive Ride Control - improves operation on rough terrain, enabling better load retention, increased productivity, and greater operator comfort. At Caterpillar, sustainability is an important commitment to building a better world. Sustainability is part of who we are and what we do every day — it is one of Caterpillar's core values. We recognize progress involves a balance of environmental stewardship, social responsibility, and economic growth. We consider this as we work toward a vision of a world in which people's basic needs — such as shelter, clean water, education, and reliable energy — are fulfilled. We provide work environments, products, services, and solutions that make productive and efficient use of resources as we strive to achieve our vision. We believe this commitment supports the enduring success of our customers, stockholders, dealers, and our people. Caterpillar is a proud 20 -year member of the Dow Jones Sustainability Indices, including both the World and North America indices. The annual DJSI process follows a best -in - class approach, evaluating numerous corporate economic, environmental, and social performance factors. For more on sustainability at Caterpillar, please visit our 2019 Sustainability Report at: hftp://reports.caterpillar.com/sr/ The 2020 report will be available in 2021. Examples of sustainability in action at Caterpillar follow below: INNOVATION: Caterpillar aims to help customers use less fuel and generate fewer greenhouse gas (GHG) emissions. We continue to develop products with fewer direct emissions. In addition, we're increasing our investment in high -efficiency energy conversion and electrification — working to increase power density, expand the use of alternative fuels, maximize efficiency of power systems, and introduce electrification into our product lines while significantly decreasing owning and operating costs. In doing so, we help our customers improve their own operations, while also driving our industry to Bid Number: RFP 062320 Vendor Namge 9 e"'11 7 nQ315 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 Bid Number: RFP 062320 improve. REMANUFACTURING: Caterpillar strives to provide customers with quality equipment that delivers the best economic proposition for their business. We remanufacture (reman) and rebuild products and components that provide customers not only with immediate cost savings, but also help extend life cycles and use materials more efficiently. Rebuild programs increase the lifespan of equipment by providing customers with a restored product for less cost than buying new. A complete Cat® Certified Rebuild includes more than 350 tests and inspections, automatic replacement of approximately 7,000 parts and a like -new machine warranty. Caterpillar takes a systems view of the life of our products. We design and manufacture them for multiple lives, our dealers support and service them to maximize their value to the customer, and we remanufacture them at the end of their useful life to deliver the next generation of value. Our engineering and manufacturing expertise, field population and dealer organization make this possible. This total life cycle approach allows us to provide sustainable solutions that help customers build a better world. FLEET EFFICIENCY: Reducing waste and conserving natural resources on job sites are increasingly important goals of many of Caterpillar's customers as they seek to realize the full value of their assets on the job site. Our Job Site Solutions team works in partnership with Cat® dealers to help customers find innovative ways to improve their operations and be more competitive in the marketplace — solutions that often deliver additional sustainability benefits. For instance, optimizing fleet efficiency not only reduces costs, but can also improve the maintenance and component replacement cycles of individual machines. Better maintenance execution can extend the life of a machine, which in turn reduces raw material consumption. RESPONSIBLE MANUFACTURING: At our facilities, we work to minimize our environmental impact by focusing on energy conservation, GHG emission reduction, water conservation and waste reduction. We have set energy -efficiency targets in our operations since 1998 and have set GHG emission -reduction targets since 2003. We currently have operational targets for an increased reliance on alternative and renewable energy and a reduction in energy intensity and GHG emissions intensity. As a manufacturer of heavy equipment, some of Caterpillar's operations are energy -intensive. But even in our most energy - dense environments, Caterpillar employees have found ways to implement innovative energy solutions that reduce our energy costs as well as our environmental impacts. With respect to water, we recognize the far-reaching economic, social, and environmental implications that water scarcity may have in the future and have taken steps to reduce our consumption. Finally, we are minimizing waste in our processes not only to reduce costs, but also to reduce our use of materials, energy, water, and land. We ultimately aim to reduce all waste generated by our production processes. SUSTAINABLE CONSTRUCTION: Our goal is to design all new facilities to meet Leadership in Energy and Environmental Design (LEED) or comparable green building criteria. Facilities designed to the LEED criteria are more energy - Vendor Namge or744316 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 39 Identify any third -party issued eco -labels, ratings or certifications that your company has received for the equipment or products included in your Proposal related to energy efficiency or conservation, life -cycle design (cradle -to - cradle), or other green/sustainability factors. and resource -efficient than traditional construction. LEED facilities are also designed to create a healthier indoor environment for employees. All our facilities that completed construction in 2017 met LEED or comparable green building criteria. By taking a critical look at every phase of our operations, teams have been able to uncover unexpected methods to reduce our footprint while maintaining or improving performance and customer satisfaction. We are proud to share the following metrics METRIC CHANGE FROM 2006 to 2019: Absolute Change in GHG Emissions 41% Reduction Operational Energy intensity 32% Reduction Waste Generation Intensity 21% Reduction Absolute Water Consumption 37% Reduction METRIC CURRENT LEVEL: Alternative/Renewable Energy Use 35.5% Waste Recycled 87.1% Plants certified with ISO 14001:2004 Environmental Management System include: Anchor Coupling - Goldsboro, NC - ISO 14001:2004 - Sept 2018 Anchor Coupling - Menominee - ISO 14001:2015 - Jan. 2021 Gen Sets - Newberry - ISO 14001:2004 - Nov. 2017 Mapleton - 14001:2004 self -certification - issued January 2013 Reman Services - Corinth, MS - ISO 14001:2015 - Sept. 2021 Reman Services - Franklin - ISO 14001:2004 - May 2017 Plants certified with ISO 14001:2004 Environmental Management System include: Anchor Coupling - Goldsboro, NC - ISO 14001:2004 - Sept 2018 Anchor Coupling - Menominee - ISO 14001:2015 - Jan. 2021 Gen Sets - Newberry - ISO 14001:2004 - Nov. 2017 Mapleton - 14001:2004 self -certification - issued January 2013 Reman Services - Corinth, MS - ISO 14001:2015 - Sept. 2021 Reman Services - Franklin - ISO 14001:2004 - May 2017 Bid Number: RFP 062320 Vendor Namge11 : 0P nQ317 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 40 Describe any Women or Minority Business Entity (WMBE), Two of our dealers in North America are owned by women: Small Business Entity (SBE), or veteran owned business Foley Equipment, with territory primarily in Kansas and certifications that your company or hub partners have Missouri; and Cashman Equipment based in Nevada. In obtained. Upload documentation of certification (as addition to these two owners, there are 31 other women in applicable) in the document upload section of your response. our North American dealer network who hold the titles of President, Vice President or Director. One of the more recognized initiatives within Caterpillar's Global Supply Network Division is the Caterpillar Inc. Proprietary Information Supplier Diversity program, which spurs economic growth by increasing business opportunities to minority-owned, women -owned, veteran- and service - disabled veteran -owned, small disadvantaged businesses and those certified in HUBZones, all while ensuring expectations are met with regards to quality, velocity, capacity, and cost. Currently more than 37% of our direct and indirect purchasing is conducted with suppliers in these categories. Caterpillar is a proud member of the National Minority Supplier Development Council (NMSDC). We also use the System for Award Management (SAM), SBA, and NMSDC databases to locate SDB, VOSB, SDVOSB and HUBZone suppliers. Supplier Diversity is discussed with Global Supply Network Division leadership during the Monthly Operating Results Review meetings. This in turn forces accountability for diverse supplier inclusion by measuring drivers, such as the number of sourcing projects, which include Diverse Suppliers and the values of the projects in which they participate. The goal is to create greater transparency to determine which teams are creating inclusive environments, and which are not. Bid Number: RFP 062320 Vendor Nam ' I T'11 7 nQ318 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 41 What unique attributes does your company, your products, or RELIABLE RENTAL EQUIPMENT: your services offer to Sourcewell participating entities? What CAT dealers keep their rental fleets fresh. Industry data makes your proposed solutions unique in your industry as it demonstrates that the average age of rental equipment in applies to Sourcewell participating entities? CAT dealers' fleets, is consistently less than the rental industry as a whole. Please refer to in the attached "Additional Documents" zip folder for the "Rental Fleet Asset Age Comparison -Cat vs. Industry" chart for the data. BEST OVERALL VALUE / LOWEST LIFE CYCLE COST: Caterpillar products deliver the best value for the money. While we rarely have the lowest initial purchase price, we are happy to demonstrate to customers that our machines offer the lowest overall owning and operating costs when factors such as fuel efficiency, repair frequency, productivity, and resale value are factored in. We believe that government agencies are tasked to be the best stewards of taxpayer funds and our products can prove that they are the best solution. Sourcewell members are in the best position to allow these discussions to take place in contrast to a local bid situation where the focus is often only on initial price. CAT SAFETY SERVICES / SAFETY FEATURES: In addition to the tangible, measurable aspects of the life cycle cost equation, we also bring our focus on safety to every product that we manufacture. Quantifying a human life or debilitating injury is impossible, but each machine has industry-leading features that strive to minimize the possibility for accidents. In addition to built-in safety features, we also offer a suite of aftermarket safety products and services that are unique in the industry. Caterpillar Safety Services offers culture, jobsite & leadership assessments; safety and leadership training workshops; and a comprehensive continuous improvement process through consultative services. Services are facilitated by Safety Services consultants and training products can be purchased for self -implementation. Details on products and services are available at www.cat.com/safety. These products and services are available at a 15% discount from the list price. Technology Enabled Safety Solutions are tangible products designed to assist the implementation of a safety culture. We are pleased to offer these unique products at a 5% discount off list price. Examples of products and services available include (this list may be augmented as new products/services become available): a) Cat Detect suite of products (allows machines to sense people and objects near them) b) Driver Safety System (detects and reacts to signs of fatigue and distraction) c) Cat SmartBand (monitors activity and sleep data) PRODUCT ATTRIBUTES: Each product we sell offers unique operating, safety, and cost -savings advantages that are exclusive to Caterpillar. It is outside the scope of this response to itemize these differentiators. However, we provide many details on our web page at www.cat.com. Table 9: Warranty Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims Bid Number: RFP 062320 Vendor Namge 9 e D PP nQ319 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 procedure, and overall structure. You may upload representative samples of your warranty materials (if applicable) in the document upload section of your response in addition to responding to the questions below. Line Item Question Response* 42 Do your warranties cover all products, parts, and labor? Yes. Caterpillar has the most extensive warranty coverage in the industry. We cover all products, parts, and labor with fewer exclusions than our competitors. Please see Attachment D for details. 43 Do your warranties impose usage restrictions or other We do not impose usage restrictions. We are pleased to limitations that adversely affect coverage? say that our warranties cover defects in material and workmanship for the time specified in the policy when the equipment is used as per design intent. 44 Do your warranties cover the expense of technicians' travel The Caterpillar warranties cover the cost of replacement time and mileage to perform warranty repairs? parts and the labor to install them, they do not cover travel time and mileage. Dealer territories vary considerably from state to state as do their policies about travel time and mileage during the warranty period. 45 Are there any geographic regions of the United States (and We have no restrictions on warranty repairs. One of our key Canada, if applicable) for which you cannot provide a differentiating strengths is our ability to service equipment certified technician to perform warranty repairs? How will regardless of where is it located. Sourcewell participating entities in these regions be provided service for warranty repair? 46 Will you cover warranty service for items made by other Warranty service for machines ordered from a Caterpillar manufacturers that are part of your proposal, or are these facility are generally provided by Caterpillar and performed warranties issues typically passed on to the original by Cat dealers. Some items, such as tires, are covered equipment manufacturer? under their manufacturers' warranties. 47 What are your proposed exchange and return programs and We warrant that upon delivery our products will be free from policies? defects in material and workmanship and will operate as intended. If they are not, we will make any necessary corrections. 48 Describe any service contract options for the items included We have a large variety of service contract options which in your proposal. can all be customized according to customer needs. Below are just two examples. More solutions are available, and we encourage members and dealers to explore all options. 1) Equipment Protection Plans (Extended Service Coverage/Cat Insurance): After the initial warranty period ends, members may choose to purchase additional protection plans to reduce their exposure to unplanned costs. These policies are written based on months and hours of operation. There are four standard levels of coverage: a) Powertrain b) Powertrain + Hydraulics c) Powertrain + Hydraulics + Technology d) Premier A description of all these options is included in the attached Equipment Protection Plans document. Important note: The purchase price for these Extended Service Coverage plans is lower for governmental agencies than it is for private buyers. 2) Customer Value Agreements (CVAs): A member may choose to enter into an agreement with their Cat dealer to perform routine maintenance and/or repairs. These contracts are customizable based on member needs. The selling Cat dealer can take responsibility for some or all the required service and maintenance needs to allow the agency to gain efficiency by focusing on the performance demands more than maintenance. CVAs are a useful tool to manage expenses. Most CVAs are bundled at the time of purchase; however, they may be added at any time. Bid Number: RFP 062320 Vendor Namge 9 e, 0P nQ320 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 Table 10: Payment Terms and Financing Options Line Item Question Response* 49 What are your payment terms (e.g., net 10, net 30)? CAT dealers are independently owned businesses. As such, their payment terms vary, but all will be stated on individual rental agreements and invoices. 50 Do you provide leasing or financing options, especially those Yes. Participating CAT dealers offer both leasing and options that schools and governmental entities may need to financing options to governmental members of Sourcewell, at use in order to make certain acquisitions? rates lower than available to the general public. 51 Briefly describe your proposed order process. Include Our simple order process has been and will continue to be enough detail to support your ability to report quarterly sales well appreciated by Sourcewell and Sourcewell members: to Sourcewell as described in the Contract template. For 1) When a Sourcewell participating entity decides to rent example, indicate whether your dealer network is included in from a participating Cat dealer, they simply include their your response and whether each dealer (or some other Sourcewell member number and Sourcewell contract number entity) will process the Sourcewell participating entities' on the Rental Delivery Order they issue to the participating purchase orders. Cat dealer. 2) Upon acceptance of the rental order the participating CAT dealer issues the rental agreement to the Sourcewell participating entity, and at the entity's direction, either makes ready for pick-up or delivers the equipment. 3) Commensurate with the entity's credit standing, the participating CAT dealer will invoice the entity at the conclusion of the contracted rental term or upon return of the equipment; whichever occurs first. 4) If the rental is for an extended period of time, e.g. more than one month, the participating Cat dealer in consultation with the Sourcewell participating entity; may invoice the Sourcewell participating entity at a periodic interval, e.g. at the conclusion of each week or month. 5) Upon payment receipt from the Sourcewell participating entity, the participating CAT dealer will, on a monthly basis, submit a report to Caterpillar of equipment rental transactions to participating Sourcewell members renting equipment using the Sourcewell-CAT rental contract. Such reports will include the member number provided to the dealer by the participating Sourcewell entity. 6) On a monthly basis, Caterpillar will aggregate these reports . On a quarterly basis, Caterpillar will submit a consolidated report along with payment of the Sourcewell administration fee. Important Note: Should a member wish to include additional terms and conditions to this contract, or to otherwise request a Participating Addendum, that agreement/PA should be executed between the member and the Cat dealer directly. 52 Do you accept the P -card procurement and payment Because Cat dealers will be receiving payments directly process? If so, is there any additional cost to Sourcewell from members, accepting P -card procurement will be at their participating entities for using this process? discretion. Many dealers do accept this method without additional fees. Some have limitations on the amount that can be processed. Table 11: Pricing and Delivery Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract as desribed in the RFP, the template Contract, and the Sourcewell Price and Product Change Request Form. Line Question I Response* Item Bid Number: RFP 062320 Vendor NamgeWill 321 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 53 Describe your pricing model (e.g., line -item discounts or Our pricing model is simple. Participating CAT dealers will product -category discounts). Provide detailed pricing data offer participating Sourcewell members, national not -to - including standard or list pricing and the Sourcewell exceed rental rates. discounted price) on all of the items that you want Sourcewell to consider as part of your RFP response. If Please refer to Attachment "2020 CAT RENTAL RATES - applicable, provide a SKU for each item in your proposal. SOURCEWELL" which includes rates for the U.S. (pages 1 - Upload your pricing materials (if applicable) in the document 4) and Canada (pages 5-7) for nationwide daily, weekly, and upload section of your response. monthly rental rates for a wide variety of CAT branded equipment, as well as a selection of popular equipment from other OEMs represented by CAT dealers. These Sourcewell not -to -exceed nationwide rental rates represent the maximum rate that a Participating Dealer may charge Sourcewell participating entities. Local rental rate market conditions vary greatly. Consequently, dealers may be able to offer additional discounts in their local markets. 54 Quantify the pricing discount represented by the pricing Because rental rates vary considerably across the U.S> and proposal in this response. For example, if the pricing in your Canada, the discounts applied in the attached "Cat 2020 response represents a percentage discount from MSRP or Rental Rates-Sourcewell" rate schedule are net rates that list, state the percentage or percentage range. include an average of 10% off already applied. Caterpillar strongly encourages Sourcewell members to ALWAYS contact their local participating CAT dealer and request rental rate quotes specific to the Sourcewell members equipment needs and the dealer's local market. Additionally, we are pleased to offer a discount of 15% off all products and consulting services under the Cat Safety Services Umbrella; and 5% off our Technology Enabled Safety Solutions. Please refer to the attached documents and visit www. safety. cat. com and www.safelyhome.cat.com for details on these services. 55 Describe any quantity or volume discounts or rebate Participating CAT dealers are empowered to consider rental programs that you offer. order volume, repeat rentals, member responsiveness, etc. They may offer participating Sourcewell members additional discounts and/or services at their discretion. 56 Propose a method of facilitating "sourced" products or Sourced goods / Open Market Items are available to related services, which may be referred to as "open market" members from our Cat dealers. The prices for these goods items or "nonstandard options". For example, you may or services will represent fair market value and will be supply such items "at cost" or "at cost plus a percentage," determined between the member and the selling dealer. We or you may supply a quote for each such request. encourage Cat dealers and members to use this option as it facilitates complimentary products and streamlines the procurement process. Participating Sourcewell members and participating CAT dealers are responsible for including the Sourcewell membership number on all documentation related to these purchases. Caterpillar Inc. is not a party to these sales or rentals and is exempted from including them in the quarterly reports. For audits, inclusion of a customer's Sourcewell member number on the PO and/or invoice shall be deemed sufficient. 57 Identify any element of the total cost of acquisition that is Machines are unique in their requirements for preparation NOT included in the pricing submitted with your response. prior to use. Some may require local final assembly due to This includes all additional charges associated with a their large size, others may have locally installed options (fire purchase that are not directly identified as freight or suppression, beacons, auto lube systems for example). When shipping charges. For example, list costs for items like pre- a dealer issues a quote for a machine, any additional costs delivery inspection, installation, set up, mandatory training, or will be itemized separately and are not subject to the initial inspection. Identify any parties that impose such costs Sourcewell discount. and their relationship to the Proposer. 58 If freight, delivery, or shipping is an additional cost to the There is no delivery fee to Sourcewell members who choose Sourcewell participating entity, describe in detail the to pick-up equipment from their local participating CAT complete freight, shipping, and delivery program. dealer. If delivery is requested, participating dealers may charge for haulage and permits that may be required. 59 Specifically describe freight, shipping, and delivery terms or Just as for members in the 48 contiguous states, there is programs available for Alaska, Hawaii, Canada, or any no additional cost to members who choose to pick up their offshore delivery. machine from their local participating Cat dealer. Dealers may charge fees for delivery to the member's location. Bid Number: RFP 062320 Vendor Namge 1 1NnQ322 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 60 Describe any unique distribution and/or delivery methods or Equipment offered for rent can vary considerably in size and 61 options offered in your proposal. weight. If there are unique member requirements participating you plan to employ to verify compliance with your proposed CAT dealers will be happy to discuss these on a case by Contract with Sourcewell. This process includes ensuring that case basis. Table 12: Pricing Offered Line Item The Pricing Offered in this Proposal is: Comments 61 d. other than what the Proposer typically offers (please describe). This proposal offers participating Sourcewell members the you plan to employ to verify compliance with your proposed ability to receive consistent and guaranteed "not -to -exceed" Contract with Sourcewell. This process includes ensuring that rental rates valid nationwide in the U.S. and Canada, for the Sourcewell participating entities obtain the proper pricing, term of this contact. Whereas previously, members would be that the Vendor reports all sales under the Contract each subject to variable local dealer pricing based upon quarter, and that the Vendor remits the proper administrative equipment availability and market conditions at the time of fee to Sourcewell. the rental transaction. Table 13: Audit and Administrative Fee Line Item Question Response* 62 Specifically describe any self -audit process or program that We plan to continue our very robust process to ensure you plan to employ to verify compliance with your proposed reporting speed, accuracy, and contract compliance. Contract with Sourcewell. This process includes ensuring that Sourcewell participating entities obtain the proper pricing, Caterpillar and our Cat dealers have very close and trusting that the Vendor reports all sales under the Contract each relationships. Our dealers are long-established, and the quarter, and that the Vendor remits the proper administrative current process (under contract #032119 -CAT) is working fee to Sourcewell. well. After month end, we will gather rental transaction data attributed to participating Sourcewell members who rent equipment via the Sourcewell-CAT equipment rental contract number: (TBD) and aggregate it for our reporting. After quarter end, Caterpillar Inc. will send the quarterly rental transaction report and administration fee payment to Sourcewell for all items that are subject to the administrative fee. 63 Identify a proposed administrative fee that you will pay to Similar to Sourcewell contract #032119 -CAT; Caterpillar Sourcewell for facilitating, managing, and promoting the would be pleased to offer an administration fee of 0.50% of Sourcewell Contract in the event that you are awarded a rental revenue only earned by participating CAT dealers from Contract. This fee is typically calculated as a percentage of the rental of equipment to participating Sourcewell members Vendor's sales under the Contract or as a per-unit fee; it is through the Sourcewell-CAT equipment rental contract not a line -item addition to the Member's cost of goods. number: (TBD). Other charges, including transportation, See the RFP and template Contract for additional details.) environmental fees, re -fueling, repairs and damages, cleaning charges and taxes will not be included in the administrative fee. Caterpillar will pay this fee and will not ask Sourcewell members to pay this fee. Participating CAT dealers will be required to provide Caterpillar a summary of transactions in order to provide Caterpillar and Sourcewell the necessary details to perform upon the administrative fee payment. Bid Number: RFP 062320 Vendor NamgeM9 1NnQ323 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 Table 14A: Depth and Breadth of Offered Equipment Products and Services Line Item Question Response* 64 Provide a detailed description of the equipment, products, Caterpillar is offering the rental equipment product lines as and services that you are offering in your proposal. listed in the attached "CAT 2020 Rental Rates-Sourcewell" Construction Equipment (describe heavy, a. Yes rate schedule. This includes over 130 items of Cat branded medium or light in Comment field) equipment as well as popular equipment from other OEM dealer for selection and current brands represented by participating CAT dealers. availability. Participating CAT dealers also offer hundreds of work -tool Construction Tools w: Yes attachments including augers, blades, brooms, buckets, forks, hydraulic hammers, and many more. dealer for selection and current In addition to rental machines and work tools, we are happy availability. to offer members access to used machines, parts, service, Electrical Tools a. Yes extended service coverage plans, CVAs, products from Cat Safety Services, sourced goods, and open market items. 65 Within this RFP category there may be subcategories of The construction and related equipment offerings include, but solutions. List subcategory titles that best describe your are not limited to: compressors, articulated trucks, articulated Heating, Ventilation and Air products and services. booms, backhoe loaders, cranes, crawler & wheel loaders, Conditioning (HVAC) Equipment track dozers & loaders, rollers, dump trucks, tracked & dealer for selection and current wheeled excavators, forklifts, generators, HVAC equipment, availability. compaction equipment including rollers, light utility vehicles, Material Handling Equipment a. Yes lighting equipment, motor graders, scissor lifts, skid steer and track loaders, sweepers and brooms, telehandlers, dealer for selection and current telescopic booms, trenching equipment, water trucks, and availability. welders. Table 14B: Depth and Breadth of Offered Equipment Products and Services Indicate below if the listed types of equipment, products, and services are offered within your proposal. Provide additional comments in the text box provided to further clarify your offering, as necessary. Line Category or Type Offered Comments Item 66 Construction Equipment (describe heavy, a. Yes Visit local participating CAT rental medium or light in Comment field) No dealer for selection and current availability. 67 Construction Tools w: Yes Visit local participating CAT rental r No dealer for selection and current availability. 68 Electrical Tools a. Yes Visit local participating CAT rental No dealer for selection and current availability. 69 Heating, Ventilation and Air w: Yes Visit local participating CAT rental Conditioning (HVAC) Equipment r No dealer for selection and current availability. 70 Material Handling Equipment a. Yes Visit local participating CAT rental No dealer for selection and current availability. 71 Pumps t: Yes Visit local participating CAT rental r No dealer for selection and current availability. 72 Concrete and Masonry Equipment and a. Yes Visit local participating CAT rental Tools No dealer for selection and current availability. 73 Public Works and Utility Equipment t: Yes Visit local participating CAT rental r No dealer for selection and current availability. 74 Trucks and Trailers a. Yes Visit local participating CAT rental a` No dealer for selection and current availability. Bid Number: RFP 062320 Vendor Namge 1 0P nQ324 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 75 Waste and Debris Handling Equipment r. Yes Visit local participating CAT rental If you are awarded a contract, provide a few examples of Caterpillar, Inc. collects rental transaction data from CAT No dealer for selection and current dealers, industry trade associations, as well as 3rd party are having success with the contract. availability. 76 Generators a: Yes Visit local participating CAT rental members under this contract within each participating CAT r No dealer for selection and current dealer's service territory. availability. 77 Tree, Lawn, and Landscape Equipment r. Yes Equipment in these categories include, No skid steer loaders, compact track loaders, compact articulated wheel loaders, mini -hydraulic excavators, etc. Visit local participating CAT rental dealer for selection and current availability. 78 Snow and Ice Removal Equipment a. Yes This includes work -tools such as snow No plows and snowblowers. Visit local participating CAT rental dealer for selection and current availability. 79 Facility Maintenance and Cleaning r. Yes This includes work -tools including rotary Equipment r~ No brooms, utility brooms, pickup brooms. Visit local participating CAT rental dealer for selection and current availability. 80 Safety Equipment a: Yes Visit local participating CAT rental r No dealer for selection and current availability. 81 Temporary Shelters and Seating r Yes n/a r. No 82 Audio Visual Equipment and Public a` Yes n/a Address Systems a: No 83 Portable Sign Boards, Portable Traffic r Yes n/a Signals, Road Barricades and Signs r. No 84 Environmental conditions or Emissions a` Yes n/a Monitoring Equipment, Calibration and a: No Testing Equipment, and Imaging Equipment 85 Delivery, Installation or Setup, Removal, r: Yes Visit local participating CAT rental Repair, Maintenance, Equipment r No dealer for selection and current Training Programs, Safety Training availability. Programs 86 Used Rental Equipment Sales a. Yes Visit local participating CAT rental a` No dealer for selection and current availability. Table 15: Industry Specific Questions Line Item Question Response* 87 If you are awarded a contract, provide a few examples of Caterpillar, Inc. collects rental transaction data from CAT internal metrics that will be tracked to measure whether you dealers, industry trade associations, as well as 3rd party are having success with the contract. data analytics providers. We will closely monitor the total volume / value of rental business transacted with Sourcewell members under this contract within each participating CAT dealer's service territory. Bid Number: RFP 062320 Vendor Namge I p0NnQ325 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 88 Identify any additional costs not included in the rental 1. Freight / delivery fees- There is no delivery fee to equipment cost, such as delivery fees, loading and unloading Sourcewell members who choose to pick-up equipment from fees, equipment fuel surcharges, environmental fees or their local participating CAT dealer. If delivery is requested, permits. participating CAT dealers may charge for haulage and permits that may be required. 2. Environmental fees: The local participating CAT dealer may charge an environmental fee not to exceed 1.5% of the rental rate. 3. Fuel Surcharges: As part of the pre -rental inspection process, equipment will generally be fully fueled unless prohibited by local ordinance. If equipment is returned with less fuel than when it was delivered, then the participating CAT dealer may charge the Sourcewell member for top -up fuel. Fuel charges are posted at the dealer shop and will be communicated when equipment is rented. 4. Cleaning and damages: The participating CAT dealer may charge for cleaning equipment that is not returned clean and for damages caused by the Sourcewell member. 5. Over hours or excess usage charges: If Participating Entity makes a greater use of the Rental Equipment, Participating Entity shall pay Participating Dealer additional rental charges for the excess use of the Rental Equipment as follows: for every hour of overtime the charge is equal to the applicable rate of the Rental Equipment Rental Price divided by the applicable maximum hours. Customer shall advise Participating Dealer when equipment is used more than a single shift. 89 Describe your rent -to -buy option program for new rental CAT dealers are independently owned and the rent -to -buy equipment, if applicable. options each offers will vary due to a number of factors including local market conditions. Sourcewell members interested in rent -to -buy options are encouraged to contact their local participating CAT dealer for locally available solutions. 90 Describe your used rental equipment sales program, if CAT Certified Used equipment is selected, inspected and applicable. serviced to a higher standard while still providing an economical purchase alternative. CAT dealers and CAT Finance have a massive inventory of used equipment for sale, from construction equipment and power systems to work tool attachments and allied products and more. Whether a Sourcewell member is looking for good used equipment, work -tools or an upgrade for an existing piece of equipment in their fleet; chances are, their local participating CAT dealer will have the equipment they need. CAT dealers currently have over 28,000 pieces of used equipment, generators, engines, and parts available for sale. Sourcewell members may purchase used equipment from the inventory of any CAT dealer in the U.S. and Canada at locally competitive prices. Please visit the CAT used equipment website for further details: hftps://catused.cat.com 91 Describe any training programs related to this proposal, Caterpillar and participating CAT dealers offer a such as OSHA training, safety training, or other related comprehensive range of equipment operation and safety certifications. training. OPERATOR TRAINING: Caterpillar Equipment Training Solutions (ETS) provides customers with training and support needed to improve the skill of their operators. The success of your construction or maintenance projects depends on the ability of your operators. Good equipment operators move the maximum amount of material in the minimum amount of time. They operate machines safely, and they know how to cut down on Bid Number: RFP 062320 Vendor Namgek iiNnQ326 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 Bid Number: RFP 062320 unnecessary wear and tear. Learn how to elevate your operators to higher levels of proficiency and get the full potential out of your investment with Caterpillar's suite of operator training solutions. Please visit our operator training website for further details: haps://www. cat. com/en—US/su pportloperati ons/operator- training1.html SAFETY SERVICES CONSULTATION & TRAINING: Safety is a core Caterpillar value and integral to everything we do — from equipment design to operator training to service delivery. Work together with Caterpillar to improve safety and productivity using proven methodologies to drive sustainable safety culture excellence. Safety Technology: Reduce risk in, on and around heavy equipment in challenging site conditions. Caterpillar provides solutions to keep workers away from hazardous conditions while improving awareness and visibility, especially when equipment and people are working in close proximity. The safety of equipment operators and site support staff begins with safe and well-maintained equipment. Caterpillar provides equipment walk -around tools, technology and processes to ensure that equipment is regularly serviced, inspected and repaired, reducing the risk of injuries, incidents and property or equipment damage. Grade and compaction control systems reduce the need for surveyors in the path of heavy equipment while building haul roads. These features also provide the ability to map equipment avoidance zones for unsafe slopes, high - walls, underground crushers and other hazards. Object detection and visibility systems enhance operator awareness of the immediate environment around manned or remotely controlled equipment, whether it is a mobile machine or fixed equipment such as an underground longwall system. Operator fatigue and distraction results from a combination of long working hours, repetitive duties, demanding production schedules, solitary work environments and challenging jobsite environments. It reduces worker productivity, but more importantly increases the risk of accidents, injuries and their associated financial fallout. Caterpillar provides in -cab technology to detect operator fatigue and distraction and deliver real-time alerts to the driver and dispatcher. Our fatigue risk management services include shift -worker training to manage fatigue, supervisor training for fatigue identification and intervention, shift scheduling and roster analysis, and support for fatigue analytics/human error analysis. Behavioral Operator Education: Improve site productivity and operator safety. Safe operation of a mobile machine starts with understanding the capabilities and limitations of the machine and the skills and competencies of the operator. Operator training delivered by Caterpillar Certified Operator Trainers is customized for the unique skills and competencies of your operators as well as the specific machines in your fleet. Building on the basics of walk around inspections and standard operations, our program targets specific improvements identified at your site through equipment data analysis and site observations, enabling operators to maximize the safe operation of the machine. Accident and abuse analysis provides critical insight into how the machine is being operated. With an understanding of your site, the design and operating characteristics of the machine and data analysis we can identify operator techniques that adversely affect safe operation. Working together with the site management we Vendor Namge99T P 7 nQ327 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 Bid Number: RFP 062320 develop a monitoring, communication and training program that modifies operator behavior. Safety Culture Development: Build a sustainable culture of safety excellence. A culture of safety excellence is built by continuously improving processes, management systems and the underlying culture. Whether you're at the beginning of your safety journey or preparing to move to the next level, a cultural assessment will help you determine where to focus your continuous improvement efforts. The Safety Perception Survey from Caterpillar Safety Services reveals employee attitudes and beliefs to help you make fact -based, data -driven decisions. The successful development of a safety culture starts with the leadership of an organization and extends through all levels and functional areas to the front-line operators and site support staff. Caterpillar safety training programs and workshops, apply proven business principles to improve communication, elevate safety awareness, reduce complacency, and adopt action plans that eliminate risk. Our safety culture products help you elevate safety as a core business value. o S.T.A.R.T.TM Safety performance is dependent upon leadership actions that demonstrate a relentless commitment to a culture of zero. Supervisor Training in Accountability and Recognition Techniques (S.T.A.R.T.TM) elevates safety performance by demystifying safety management, providing managers and supervisors with the skills to impact safety perceptions and behaviors throughout your organization. o Speak Up!/Listen Up! Effective communication is a cornerstone in building a strong, sustainable culture of safety excellence, but talking about safety doesn't always come naturally on the job site. Speak Up!/Listen Up! gives employees simple tools and a practical process for delivering and receiving safety-related feedback effectively. o Recognize It! Focus on the positive and eliminate blame to further a culture of safety excellence. Recognize It! training provides the tools to help supervisors more effectively acknowledge what workers do right. The key take- away? As soon as a supervisor observes someone working safely, he or she needs to call it out in a timely, sincere and specific way. Our rapid improvement workshops engage front-line employees in developing systems that integrate safety activities into everyday processes. Use data from equipment, site conditions and operators to identify and mitigate risks. Establish the baseline, use root -cause analysis and leverage accountability and recognition to develop a sustainable solution. PUT OUR CAPABILITIES TO WORK IN YOUR BUSINESS Caterpillar Safety capabilities can be provided as individual services, but are most valuable when delivered as part of a comprehensive plan to optimize site performance. For more information about optimizing your financial resources, contact an expert at info@collaboratewithcat.com or visit Col I aborateWithCat. com. Please refer to attached "CAT Safety Services Agreement National Accounts template.pdf' for description of services offering and applicable discounts that will be extended to Sourcewell participating entities. Vendor Namge 4p044328 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 92 Describe maintenance responsibility (e.g., vendor or end Participating Dealer must, at its expense, perform all normal user) related to long-term rentals. periodic maintenance on the Rental Equipment. Normal periodic maintenance is included in the Rental Price, when Rental Equipment is operated by Customer within fifty miles of Participating Dealer's service facility. Participating Dealer will determine the periodic maintenance charges for Rental Equipment operated in excess of fifty miles from a Participating Dealer service facility. Customer must, at its expense, maintain the Rental Equipment in proper condition by performing adjustments and lubrication, set forth in the Operation and Maintenance Manual ("OMM"), including, without limitation: (a) on a daily basis checking and maintaining all hydraulic, transmission, cooling and fluid systems, tire pressure, and all battery fluid and charge levels; (b) on a daily basis checking teeth, cutting edges and tire conditions; (c) repairing and replacing damaged tires as needed; and (d) using the Rental Equipment in the manner prescribed by the applicable manufacturer. Except for the adjustments, lubrication, inspections and repairs described above, Customer shall not permit anyone to service, repair or alter the Rental Equipment without Participating Dealer's prior approval. If the Rental Equipment fails to operate properly or requires repair, Customer must immediately stop using the Rental Equipment and notify Participating Dealer of the mechanical condition or damage. As it pertains to any equipment on the attached "CAT 2020 RENTAL RATES-SOURCEWELL" rate schedule, where the rental rates are designated as "CALL'; scheduled maintenance charges are not included. In such case, the Customer and the dealer will price those separately. 93 Describe procedures for repair or replacement of rental Once the Sourcewell member takes delivery of the rental equipment that becomes inoperable during the rental period. equipment, the local participating CAT dealer will be there to provide ongoing support. Members can reach their local participating CAT dealer by phone whenever they have questions or need technical support. Around-the-clock repair service is available to handle unexpected mechanical issues quickly and reduce unproductive downtime. Upon notification of equipment malfunction, local participating CAT dealer service personnel will attempt to initiate remote diagnostic troubleshooting procedures via CAT Product Link telematics technology (applicable to CAT brand equipment only) to determine the nature of the failure and if it can be resolved via a remote over -the -air software update to the equipment's onboard electronic control modules. If the problem cannot be resolved via remote diagnostics, then the local participating CAT dealer will promptly dispatch a field service technician to the customer's jobsite to attempt repair, typically within 2-4 hours. If the equipment cannot be repaired on site, the participating CAT dealer will promptly deliver a replacement unit typically, same day or next day dependent upon when the determination is made that the rented equipment cannot be repaired on site. 94 Explain the procedures and timelines for providing equipment CAT dealers have over $13 billion in rental fleet assets in to a vendor or dealer location that does not have a piece the U.S. and Canada. Furthermore, CAT dealers maintain of equipment in inventory. strong cooperative working relations with their neighboring CAT dealers. In the unlikely event that the member's local participating CAT dealer does not have the requested equipment type / size currently available in their yard; the dealer has the capability to leverage their neighboring dealers' fleet. However, due to variability in availability and market conditions, this may result in a locally negotiated rental rate that may be different than the Sourcewell rental rate. In such case, the rate would be negotiated between the member and the local participating CAT dealer before awarding a rental order. Bid Number: RFP 062320 Vendor Nam .J 0P 4329 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 95 Describe the extent to which your proposal includes a For Sourcewell members who would like assistance from customer owned equipment repair program. If applicable, their local participating CAT dealer with maintenance and describe the types of repair procedures, including repair of the members' owned equipment fleet, they can transportation, on-site repair, labor and parts costs, or schedule the work themselves as needed, or the warranty offering. participating local CAT dealer have available, a variety of CVAs (Customer Value Agreements). These are completely customizable, but they offer starting points for several levels with corresponding price points which vary by product. Members should contact their local participating CAT dealer for alternative options such as: Customer performed preventative maintenance - the local participating Cat dealer will provide the necessary parts per the maintenance schedule; the member will do the work. The local participating Dealer performs preventative maintenance -the dealer will handle basic preventative maintenance for any machine or group of machines to help keep scheduled downtime to a minimum. Component maintenance and repair agreement - the participating local CAT dealer will take care of maintaining and servicing systems such as engines, transmissions, etc. to extend service resources and equipment life. Total maintenance and repair agreement -the participating local Cat dealer covers service and maintenance for any one piece of equipment or the entire fleet. This agreement can include guaranteed availability and uptime. Exceptions to Terms, Conditions, or Specifications Form Oirolly those Proposer Exa.ulptiioins to t"uirir yis, t;;oiruu ffiioir s, or a: pucffiia.a tiioins that have Ibeein accepted by Sou.uircewollll (haveIbeeiru irucoirlr:oiratod Tinto the contract text. Documents Ensure your submission clocument(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 OT 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 --Financial Strength and Stability.zip -Tuesday June 23, 2020 14:38:10 Marketin i Plan/Sam les - Marketing Plan- Samples.zip - Tuesday June 23, 2020 14:40:13 WMBE/MBE/SBE or Related Certificates (optional) Warrant Informakion-AttachmentD-Warranty Statements. pdf-Tuesday June O9,2O2OO9:46:O5 IPricin - CAT 2020 RE TAL RATES-SOURCEWELL.pdf -Tuesday June 23, 2020 12:47:26 Additional Document - Additional Documents.zip - Tuesday June 23, 2020 15:34:38 Bid Number: RFP 062320 Vendor NamgeA Yli T330 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 Proposer's Affidavit PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE I certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the Proposer to this Affidavit and Assurance of Compliance: The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in good standing in the jurisdiction of its residence. 2. The Proposer warrants that the information provided in this Proposal is true, correct, and reliable for purposes of evaluation for contract award. 3. The Proposer, including any person assisting with the creation of this Proposal, has arrived at this Proposal independently and the Proposal has been created without colluding with any other person, company, or parties that have or will submit a proposal under this solicitation; and the Proposal has in all respects been created fairly without any fraud or dishonesty. The Proposer has not directly or indirectly entered into any agreement or arrangement with any person or business in an effort to influence any part of this solicitation or operations of a resulting contract; and the Proposer has not taken any action in restraint of free trade or competitiveness in connection with this solicitation. Additionally, if Proposer has worked with a consultant on the Proposal, the consultant (an individual or a company) has not assisted any other entity that has submitted or will submit a proposal for this solicitation. 4. To the best of its knowledge and belief, and except as otherwise disclosed in the Proposal, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest. An organizational conflict of interest exists when a vendor has an unfair competitive advantage or the vendor's objectivity in performing the contract is, or might be, impaired. 5. The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an employee or legally authorized agent of the Proposer and will not be communicated to any such persons prior to Due Date of this solicitation. 6. If awarded a contract, the Proposer will provide to Sourcewell Participating Entities the equipment, products, and services in accordance with the terms, conditions, and scope of a resulting contract. 7. The Proposer possesses, or will possess before delivering any equipment, products, or services, all applicable licenses or certifications necessary to deliver such equipment, products, or services under any resulting contract. 8. The Proposer agrees to deliver equipment, products, and services through valid contracts, purchase orders, or means that are acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first - quality products and related services to Sourcewell Members under an awarded Contract. 9. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders. 10. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either substantially or in their entirety. Under Minnesota Statutes Section 13.591, subdivision 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals become public data. Minnesota Statutes Section 13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under Minnesota's Data Practices Act. 11. Proposer its employees, agents, and subcontractors are not: a. Included on the "Specially Designated Nationals and Blocked Persons" list maintained by the Office of Foreign Bid Number: RFP 062320 Vendor NamgeIte- 0P nQ331 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 Assets Control of the United States Department of the Treasury found at: Lhftps//wJreas;QII/fit / rnainll / inllii t1 ; b. Included on the government -wide exclusions lists in the United States System for Award Management found at: Lhftps // w.sann.g.g /phi all/ ; or c. 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 solicitation. r By checking this box I acknowledge that I am bound by the terms of the Proposer's Affidavit, have the legal authority to submit this Proposal on behalf of the Proposer, and that this electronic acknowledgment has the same legal effect, validity, and enforceability as if I had hand signed the Proposal. This signature will not be denied such legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation. - Christopher Gustafson, Global Accounts & Allied Product Manager, Caterpillar Inc. The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid. r Yes r No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document. Check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda. Bid Number: RFP 062320 Vendor Namge t5 0P nQ II have ureviliiewed the File Name L&Iowa addeumduuu aumd pages attacllh i meints (lilt all 11 lllIiicalbL Ie) Addendum _8_ Equipment_ Rental—RFP-062320 P 1 Mon June 15 2020 09:00 AM Addend um_7_Equipment_Rental_RFP_062320 1 Tue June 9 2020 03:02 PM Addendum _6_ Equipment_ Rental—RFP-062320 1 Mon June 8 2020 03:27 PM Addend um_5_Equipment_Rental_RFP_062320 1 Wed June 3 2020 04:28 PM Addend um_4_Equipment_Rental_RFP_062320 1 Wed June 3 2020 07:49 AM Addendum _3_ Equipment_ Rental—RFP-062320 P; 1 Mon June 1 2020 09:20 AM Addend um_2_Equipment_Rental_RFP_062320 1 Tue May 12 2020 04:30 PM Addend um_1_Equipment_Rental_RFP_062320 1 Tue May 5 2020 02:24 PM Bid Number: RFP 062320 Vendor Namge t5 0P nQ332 DocuSign Envelope ID: 0535E114-D8AB-468D-AA36-0BB43F3CD2D4 ENDME T 1 T CONTRAcr #062320 CAT TFHS AMENDMENT is effective UlP C'Irl dhe dale of dhe Ilan signatUire b6low and is Iby an between SOURCEWELL and CA rEFIFIR.1AR MC. (Vendoir). FBE:RES, SC'Uircewehl and Cateirplil111ar entered into a Contract (#062329..CAT) 1having an effective dale of September 1.7, 2020, ("Contract"); FBE:RE: S, IPmUrsmjam1t to Section 1.0. A. Assignment SII"1CrCIim1, Cateirplil111ar Irm ay sUbern rac ceirtain obIhgations to its dealleirs, inckiding in some as s dall rs in Canada; FBE:RES, dhe pairtIi s desire to aimend Section 20. I1risUram1 of dhe Contract to aCCOUIri for dhe different Ii1risUram1 IprodUc s avaHaUle in Canada wII"1Cm1 a SUbcontiract is iSSUed to a dealleir located in dhat COUntiry; an NOW TF N E R E: F R E:, in consideration of dhe MLAm4I Ipromises imade h r Ii m1 and intending to Ib legahly bOUnd h r by, SC'Uircewehl and CateirpHlHlair agree as f6lHlo so Section 20. I1risUram1 o ReqUireiments of dhe Contract is aimended to add dhe fohlowing after dhe Ilan Ipara rap[1 Of SUbs tIion o Dealers. - In dhe eventVendor sUbern rac s its oblhgations II"1CrCU. rider to a Decal r in Canada Pmmrsmjam1t to Section 1.0. A. ("Canadian DeaII r" , at its own expense dhe Canadian Decal r MUSt maintain Ii1risUram1 IpoIh y(Ii s) lin effect at aIIII flimes dUiring dhe IS Irfl"orim an of SII"l lis Contract Iid'1 coverage and I IiIrm itS Of Ii1risUram1 not Mess Chan dhe f6lHlo ling: 1.oWorkers" Cornpensation. Canadian Decal r s[nallll at aII11 flimes coimplly Iid'1 dh apphcaUle r gUir Irm ens of dhe Workers' Compensation Act of Xbeirta as aimended or SUbstitUted frclim flime to flims (or eqUiva lent statU ory reqUireiment widhin SII"1 jmmrlisdiction w[ieire dhe Services s1[4111 Ibe perforlm) an s1[4111, Upon demand Iby SC'Uircew6H, dlhveir, to SC'Uircewehl a certificate from dhe Workers' Compensation Board or odh r eqUivallent entity) s[iowing Chat dhe Canadian Decal r is registered and in good standing wIid'1 dhe Workers' Compensation Board or o 111 r eqUivallententity). 20 Cornmercial General I iability Insurance. Canadian Decal r wHH1 Imaintain Ii1risUram1 covering its operations, wIId"1 coverage on an OCCUirrence basiso At a Irm"YIIm11ilMUIrm"Y, coverage MUSt Ii1r1 11mm IIIiabIilh y airising from dhird pairty bodHy IinjUry, (prop ray daimage, contiraCU41 1 Ii a b Ii 11 Ii t y and Irl o n owned aUtoimcbHe I Ii a b Ii II Ii t y o Ahl reqUired 11 Ii Irma Ii t s, trlm s and o Irl Ii t Ii o In s of coverage Irm US Ibe maintained dUiring dhe perforlrm an of dhIis Contract. SOLAraMeweH Contract 062.520 -CAT Amendment 1. Page 1. of 2 Ctiat Axil ar m_,rrnNirlentJtiFd Green Page 369 of 744333 DocuSign Envelope ID: 0535E1 14-D8AB-468D-AA36-OBB43F3CD2D4 Milr1ilMUim Limits: CDN 3,000,000 Eadh OCCUirrence (indIUSive of Ibodly ilrljUiry and/or Ipiropeirty aimage) CDN 5,000,000 Aggregate for ProdUCtS & Coimplleted Operations CDN 5,000,000 Geneir4l Aggregate 1 Autornobile I iability Insurance. DUiring dh Iperfoirirmance of dhis Contract, Canadian Decal it wHH1 imaiintain i1rISUirance covering any and ahl imotor vdhidles owned, operated or licensed Iby Canadian DeaIleir and Used in dh Iperfoirirmance of dhis Contract. Milr1ilMUim Limits: CDN 3,000,000 Iper OCCUirrence FaikJire of Canadian DeaIleir to imaiintain dh iteqUired i1rISUirance dUiring its Iperfoirirmance Under dhe Contract Ibair, dhe Canadian Decal it firom Iperfoirirmance Under dhis Contract. Except as aimended Iby dhis Aimendiment, dhe Contract iteimairs i1rl fUhl for and effect. fflummmm DocuSigned by, Ly: ............................ E 9D06'489 S"Xvf' I ....................................................... Jeremy Sdhwairtz, Director of Qpeiraflons/cpo Date: 7/13/2022 1 12:31 PM CDT DocuSigned by: Ly .................... ( W (h"kfftl I7E42B8F817A64CC... E............................................................................. Chad CoaLiette, ExeCUtive Director/CEO Date: 7/13/2022 1 12:58 PM CDT Caterpfflar hnc. DocuSigned by: B.. ............................................................... E FB4C6-- Y.... I .................... Brenda Schmidt National Accounts Manager, N.A. Date: 5/26/2022 SOLArceweH Contract #062320 -CAT Aniendnient 1. Page 2 of 2 Caterpillar ConNdentJaGreen Page 370 of 744334 sw'IVBr'6'rYaer IIIIIIIIIIr() x i d l V""," A, RFP #062320 REQUEST FOR PROPOSALS for Equipment Rental with Related Services Proposal Due Date: June 23, 2020, 4:30 p.m., Central Time Sourcewell, a State of Minnesota local government agency and service cooperative, is requesting proposals for Equipment Rental with Related Services to result in a contracting solution for use by its Participating Entities. Sourcewell Participating Entities include thousands of governmental, higher education, K-12 education, nonprofit, tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal [haps Zproportal.sourcewell-mn. ov1. Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than June 23, 2020, at 4:30 p.m. Central Time, and late proposals will not be considered. Solicitation Schedule Public Notice of RFP Published: April 30, 2020 Pre -proposal Conference: June 2, 2020, 10:00 a.m., Central Time Question Submission Deadline: June 16, 2020, 4:30 p.m., Central Time Proposal Due Date: June 23, 2020, 4:30 p.m., Central Time Late responses will not be considered. Opening: June 23, 2020, 6:30 p.m., Central Time ** SEE RFP SUB -SECTION V. G. "OPENING" Rev. 2/2020 Sourcewell RFP #062320 Equipment Rental with Related Services Page 1 Page 371 of 744335 ABOUT SOURCEWELL PARTICIPATING ENTITIES A. SOURCEWELL 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 facilitates a competitive public solicitation and contract award process for the benefit of its 50,000+ participating entities across the United States and Canada. Sourcewell's solicitation process complies with State of Minnesota law and policies, conforms to Canadian trade agreements, and results in cooperative contracting solutions from which Sourcewell's Participating Entities procure equipment, products, and services. Cooperative contracting provides participating entities and vendors increased administrative efficiencies and the power of combined purchasing volume that result in overall cost savings. At times, Sourcewell also partners with other purchasing cooperatives to combine the purchasing volume of their membership into a single solicitation and contract expanding the reach of contracted vendors' potential pool of end users. Sourcewell uses a website -based platform, the Sourcewell Procurement Portal, through which all proposals to this RFP must be submitted. B. USE OF RESULTING CONTRACTS In the United States, Sourcewell's contracts are available for use by: Federal and state government entities; Cities, towns, and counties/parishes; Education service cooperatives; K-12 and higher education entities; Tribal government entities; Some nonprofit entities; and Other public entities. In Canada, Sourcewell's contracts are available for use by: Provincial and territorial government departments, ministries, agencies, boards, councils, committees, commissions, and similar agencies; Regional, local, district, and other forms of municipal government, municipal organizations, school boards, and publicly -funded academic, health, and social service entities referred to as MASH sector (this should be construed to include but not be limited to the Cities of Calgary, Edmonton, Toronto, Calgary, Ottawa, and Winnipeg), as well as any corporation or entity owned or controlled by one or more of the preceding entities; Rev. 2/2020 Sourcewell RFP #062320 Equipment Rental with Related Services Page 2 Page 372 of 744336 Crown corporations, government enterprises, and other entities that are owned or controlled by these entities through ownership interest; Members of the Rural Municipalities of Alberta (RMA) and their represented Associations, Saskatchewan Association of Rural Municipalities (SARM), Saskatchewan Urban Municipalities Association (SUMA), Association of Manitoba Municipalities AMM), Local Authority Services (LAS), Municipalities Newfoundland and Labrador MNL), Nova Scotia Federation of Municipalities (NSFM), and Federation of Prince Edward Island Municipalities (FPEIM). For a listing of current United States and Canadian Participating Entities visit Sourcewell's website (note: there is a tab for each country's listing): https:/lwww.sourcewell- mn.govesourcewel I -for -vendors member -locator. Access to contracted equipment, products, or services by Participating Entities is typically through a purchase order issued directly to the applicable vendor. A Participating Entity may request additional terms or conditions related to a purchase. Use of Sourcewell contracts is voluntary and Participating Entities retain the right to obtain similar equipment, products, or services from other sources. To meet Participating Entities' needs, public notice of this RFP has been broadly published, including notification in the United States to each state -level procurement department for possible re -posting. Proof of publication will be available at the conclusion of the solicitation process. II. EQUIPMENT, PRODUCTS, AND SERVICES A. SOLUTIONS -BASED SOLICITATION This RFP and contract award process is a solutions -based solicitation; meaning that Sourcewell is seeking equipment, products, or services that meet the general requirements of the scope of this RFP and that are commonly desired or are required by law or industry standards. B. REQUESTED EQUIPMENT. PRODUCTS. OR SERVICES It is expected that Proposers will offer a wide array of equipment, products, or services at lower prices and with better value than what they would ordinarily offer to a single government entity, a school district, or a regional cooperative. 1. Sourcewell is seeking proposals for Equipment Rental with Related Services, including, but not to be limited to: Rev. 2/2020 Sourcewell RFP #062320 Equipment Rental with Related Services Page 3 Page 373 of 744337 a. Heavy, medium or light construction equipment, electrical tools, power equipment and general construction tools, heating, ventilation and air conditioning (HVAC) equipment, material handling equipment, pumps, concrete and masonry equipment and tools, public works and utility equipment, trucks and trailers, waste and debris handling equipment, generators; b. Tree, lawn, and landscape equipment, snow and ice removal equipment, facility maintenance and cleaning equipment, safety equipment, temporary shelters and seating, audio visual equipment, public address systems, portable sign boards, portable traffic signals, road barricades and signs; c. Environmental conditions or emissions monitoring equipment, calibration and testing equipment, and imaging equipment; d. Related services, including delivery, installation or setup, removal, repair, maintenance, equipment training programs, safety training programs; and, e. Used rental equipment sales. 2. The primary focus of this solicitation is on equipment rentals. This solicitation should NOT be construed to include: a. Automotive rental or leasing. Proposers may include related equipment, supplies, accessories, and services to the extent that these solutions are complementary to the equipment, products, or service(s) being proposed. Generally, the solutions for Participating Entities are turn -key solutions, providing a combination of equipment, products and services, delivery, and installation to a properly operating status. However, equipment or products only solutions may be appropriate for situations where Participating Entities possess the ability, either in-house or through local third - party contractors, to properly install and bring to operation the equipment or products being proposed. Sourcewell prefers vendors that provide a sole source of responsibility for the products and services provided under a resulting contract. If Proposer requires the use of dealers, resellers, or subcontractors to provide the products or services, the Proposal should address how the products or services will be provided to Participating Entities and describe the network of dealers, resellers, and/or subcontractors that will be available to serve Participating Entities under a resulting contract. Sourcewell desires the broadest possible selection of equipment, products, and services being proposed over the largest possible geographic area and to the largest possible cross-section of Sourcewell current and future Participating Entities. C. REQUIREMENTS Rev. 2/2020 Sourcewell RFP #062320 Equipment Rental with Related Services Page 4 Page 374 of 744338 It is expected that Proposers have knowledge of all applicable industry standards, laws, and regulations and possess an ability to market and distribute the equipment, products, or services to Participating Entities. 1. Safety Requirements. All items proposed must comply with current applicable safety or regulatory standards or codes. 2. Deviation from Industry Standard. Deviations from industry standards must be identified with an explanation of how the equipment, products, and services will provide equivalent function, coverage, performance, and/or related services. 3. New Equipment and Products. Proposed equipment and products must be for new, current model; however, Proposer may offer certain close-out equipment or products if it is specifically noted in the Pricing proposal. 4. Delivered and operational. Unless clearly noted in the Proposal, equipment and products must be delivered to the Participating Entity as operational. 5. Warranty. All equipment, products, supplies, and services must be covered by a warranty that is the industry standard or better. D. ANTICIPATED CONTRACT TERM Sourcewell anticipates that the term of any resulting contract(s) will be four (4) years. Up to two one-year extensions may be offered based on the best interests of Sourcewell and its Participating Entities. E. ESTIMATED CONTRACT VALUE AND USAGE Based on past volume of similar contracts, the estimated annual value of all transactions from contracts resulting from this RFP are anticipated to be USD$80 Million; therefore, proposers are expected to propose volume pricing. Sourcewell anticipates considerable activity under the contract(s) awarded from this RFP; however, sales and sales volume from any resulting contract are not guaranteed. F. MARKETING PLAN Proposer's sales force will be the primary source of communication with Participating Entities. The Proposer's Marketing Plan should demonstrate Proposer's ability to deploy a sales force or dealer network to Participating Entities, as well as Proposer's sales and service capabilities. It is expected that Proposer will promote and market any contract award. G. ADDITIONAL CONSIDERATIONS 1. Contracts will be awarded to Proposers able to best meet the need of Participating Entities. Proposers should submit their complete line of equipment, products, or services that are applicable to the scope of this RFP. Rev. 2/2020 Sourcewell RFP #062320 Equipment Rental with Related Services Page 5 Page 375 of 744339 2. Proposers should include all relevant information in its proposal, since Sourcewell cannot consider information that is not included in the Proposal. Sourcewell reserves the right to verify Proposer's information and may request clarification from a Proposer, including samples of the proposed equipment or products. 3. Depending upon the responses received in a given category, Sourcewell may need to organize responses into subcategories in order to provide the broadest coverage of the requested equipment, products, or services to Participating Entities. Awards may be based on a subcategory. 4. A Proposer's documented negative past performance with Sourcewell or its Participating Entities occurring under a previously awarded Sourcewell contract may be considered in the evaluation of a proposal. III. PRICING A. REQUIREMENTS All proposed pricing must be: 1. Either Line -Item Pricing or Percentage Discount from Catalog Pricing, ora combination of these: a. Line -item Pricing is pricing based on each individual product or services. Each line must indicate the Vendor's published "List Price," as well as the "Contract Price." b. Percentage Discount from Catalog or Category is based on a percentage discount from a catalog or list price, defined as a published Manufacturer's Suggested Retail Price MSRP) for the products or services. Individualized percentage discounts can be applied to any number of defined product groupings. Proposers will be responsible for providing and maintaining current published MSRP with Sourcewell, and this pricing must be included in its proposal and provided throughout the term of any Contract resulting from this RFP. 2. The Proposer's ceiling price (Ceiling price means that the proposed pricing will be considered as the highest price for which equipment, products, or services may be billed to a Participating Entity). However, it is permissible for vendors to sell at a price that is lower than the contracted price; 3. Stated in U.S. and Canadian dollars (as applicable); and 4. Clearly understood, complete, and fully describe the total cost of acquisition (e.g., the cost of the proposed equipment, products, and services delivered and operational for its intended purpose in the Participating Entity's location). Proposers should clearly identify any costs that are NOT included in the proposed product or service pricing. This may include items such as installation, set up, mandatory training, or initial inspection. Include identification of any parties that impose such costs and their relationship to the Proposer. Additionally, Proposers should clearly describe any unique distribution and/or delivery methods or options offered in the Proposal. Rev. 2/2020 Sourcewell RFP #062320 Equipment Rental with Related Services Page 6 Page 376 of 744340 B. ADMINISTRATIVE FEES Proposers are expected to pay to Sourcewell an administrative fee in exchange for Sourcewell facilitating the resulting contracts. The administrative fee is normally calculated as a percentage ofthe total salesto Participating Entities for all contracted equipment, products, or services made during a calendar quarter, and is typically one percent (1%) to two percent (2%). In some categories, a flat fee may be an acceptable alternative. IV. CONTRACT Proposers awarded a contract will be required to execute a contract with Sourcewell (see attached template). Only those modifications the Proposer indicates in its proposal will be available for discussion. Much of the language in the Contract reflects Minnesota legal requirements and cannot be altered. Numerous and/or onerous exceptions that contradict Minnesota law may result in the Proposal being disqualified from further review and evaluation. To request a modification to the Contract terms, conditions, or specifications, a Proposer must complete and submit the Exceptions to Terms, Conditions, or Specifications table, with all requested modifications, through the Sourcewell Procurement Portal at the time of submitting the Proposer's Proposal. Exceptions must: 1. Clearly identify the affected article and section, and 2. Clearly note what language is requested to be modified. Unclear requests will be automatically denied. Only those exceptions that have been accepted by Sourcewell will be included in the contract document provided to the awarded vendor for signature. If a Proposer receives a contract award resulting from this solicitation it will have up to 30 days to sign and return the contract. After that time, at Sourcewell's sole discretion, the contract award may be revoked. V. RFP PROCESS A. PRE -PROPOSAL CONFERENCE Sourcewell will hold an optional, non -mandatory pre -proposal conference via webcast on the date and time noted on page one of this RFP and on the Sourcewell Procurement Portal. The purpose of this conference is to allow potential Proposers to ask questions regarding this RFP and Sourcewell's competitive contracting process. Information about the webcast will be sent to all entities that have registered for this solicitation opportunity through their Sourcewell Procurement Portal Vendor Account. Pre -proposal conference attendance is optional. Rev. 2/2020 Sourcewell RFP #062320 Equipment Rental with Related Services Page 7 Page 377 of 744341 B. QUESTIONS REGARDING THIS RFP AND ORAL COMMUNICATION Questions regarding this RFP must be submitted through the Sourcewell Procurement Portal. The deadline for submission of questions is found in the Solicitation Schedule and on the Sourcewell Procurement Portal. Answers to questions will be issued through an addendum to this RFP. Repetitive questions will be summarized into a single answer and identifying information will be removed from the submitted questions. All questions, whether specific to a Proposer or generally related to the RFP, must be submitted using this process. Do not contact individual Sourcewell staff to ask questions or request information as this may disqualify the Proposer from responding to this RFP. Sourcewell will not respond to questions submitted after the deadline. C. ADDENDA Sourcewell may modify this RFP at any time prior to the proposal due date by issuing an addendum. Addenda issued by Sourcewell become a part of the RFP and will be delivered to potential Proposers through the Sourcewell Procurement Portal. Sourcewell accepts no liability in connection with the delivery of any addenda. Before a proposal will be accepted through the Sourcewell Procurement Portal, all addenda, if any, must be acknowledged by the Proposer by checking the box for each addendum. It is the responsibility of the Proposer to check for any addenda that may have been issued up to the solicitation due date and time. If an addendum is issued after a Proposer submitted its proposal, the Sourcewell Procurement Portal will WITHDRAW the submission and change the Proposer's proposal status to INCOMPLETE. The Proposer can view this status change in the "MY BIDS" section of the Sourcewell Procurement Portal Vendor Account. The Proposer is solely responsible to check the MY BIDS" section of the Sourcewell Procurement Portal Vendor Account periodically after submitting its Proposal (and up to the Proposal due date). If the Proposer's Proposal status has changed to INCOMPLETE, the Proposer is solely responsible to: i) make any required adjustments to its proposal; ii) acknowledge the addenda; and iii) ensure the re -submitted proposal is received through the Sourcewell Procurement Portal no later than the Proposal Due Date and time shown in the Solicitation Schedule above. D. PROPOSAL SUBMISSION Proposer's complete proposal must be submitted through the Sourcewell Procurement Portal no later than the date and time specified in the Solicitation Schedule. Any other form of proposal submission, whether electronic, paper, or otherwise, will not be considered by Rev. 2/2020 Sourcewell RFP #062320 Equipment Rental with Related Services Page 8 Page 378 of 744342 Sourcewell. Late proposals will not be considered. It is the Proposer's sole responsibility to ensure that the proposal is received on time. It is recommended that Proposers allow sufficient time to upload the proposal and to resolve any issues that may arise. The time and date that a Proposal is received by Sourcewell is solely determined by the Sourcewell Procurement Portal web clock. In the event of problems with the Sourcewell Procurement Portal, follow the instructions for technical support posted in the portal. It may take up to twenty-four (24) hours to respond to certain issues. Upon successful submission of a proposal, the Portal will automatically generate a confirmation email to the Proposer. If the Proposer does not receive a confirmation email, contact Sourcewell's support provider at support@bidsandtenders.ca. To ensure receipt of the latest information and updates via email regarding this solicitation, or if the Proposer has obtained this solicitation document from a third party, the onus is on the Proposer to create a Sourcewell Procurement Portal Vendor Account and register for this solicitation opportunity. Within the Procurement Portal, all proposals must be digitally acknowledged by an authorized representative of the Proposer attesting that the information contained in in the proposal is true and accurate. By submitting a proposal, Proposer warrants that the information provided is true, correct, and reliable for purposes of evaluation for potential contract award. The submission of inaccurate, misleading, or false information is grounds for disqualification from a contract award and may subject the Proposer to remedies available by law. E. GENERAL PROPOSAL REQUIREMENTS Proposals must be: In substantial compliance with the requirements of this RFP or it will be considered nonresponsive and be rejected. Complete. A proposal will be rejected if it is conditional or incomplete. Submitted in English. Valid and irrevocable for 90 days following the Proposal Due Date. Any and all costs incurred in responding to this RFP will be borne by the Proposer. F. PROPOSAL WITHDRAWAL Prior to the proposal deadline, a Proposer may withdraw its proposal. G. OPENING Rev. 2/2020 Sourcewell RFP #062320 Equipment Rental with Related Services Page 9 Page 379 of 744343 The Opening of Proposals will be conducted electronically through the Sourcewell Procurement Portal. A list of all Proposers will be made publicly available in the Sourcewell Procurement Portal after the Proposal Due Date, but no later than the Opening time listed in the Solicitation Schedule. To view the list of Proposers, verify that the Sourcewell Procurement Portal opportunities list search is set to "All" or "Closed." The solicitation status will automatically change to "Closed" after the Proposal Due Date and Time. VI. EVALUATION AND AWARD MI%1ILM111111111[67 1 It is the intent of Sourcewell to award one or more contracts to responsive and responsible Proposer(s) offering the best overall quality, selection of equipment, products, and services, and price that meet the commonly requested specifications of Sourcewell and its Participating Entities. The award(s) will be limited to the number of Proposers that Sourcewell determines is necessary to meet the needs of Participating Entities. Factors to be considered in determining the number of contracts to be awarded in any category may include the following: The number of and geographic location of: o Proposers necessary to offer a comprehensive selection of equipment, products, or services for Participating Entities' use. o A Proposer's sales and service network to assure availability of product supply and coverage to meet Participating Entities' anticipated needs. Total evaluation scores. The attributes of Proposers, and their equipment, products, or services, to assist Participating Entities achieve environmental and social requirements, preferences, and goals. Information submitted as part of a proposal should be as specific as possible when responding to the RFP. Do not assume Sourcewell's knowledge about a specific vendor or product. B. AWARD(S) Award(s) will be made to the Proposer(s) whose proposal conforms to all conditions and requirements of the RFP, and consistent with the award criteria defined in this RFP. Sourcewell may request written clarification of a proposal at any time during the evaluation process. Proposal evaluation will be based on the following scoring criteria and the Sourcewell Evaluator Scoring Guide (available in the Sourcewell Procurement Portal): Rev. 2/2020 Sourcewell RFP #062320 Equipment Rental with Related Services Page 10 Page 380 of 744344 Conformance to RFP Requirements 50 Financial Viability and Marketplace Success 75 Ability to Sell and Deliver Service 100 Marketing Plan 50 Value Added Attributes 75 Warranty 50 Depth and Breadth of Offered Equipment, Products, or Services 200 Pricing 400 TOTAL POINTS 1000 C. PROTESTS OF AWARDS Any protest made under this RFP by a Proposer must be in writing, addressed to Sourcewell's Executive Director, and delivered to the Sourcewell office located at 202 12th Street NE, P.O. Box 219, Staples, MN 56479. The protest must be received no later than 10 calendar days' following Sourcewell's notice of contract award(s) or non -award and must be time stamped by Sourcewell no later than 4:30 p.m., Central Time. A protest must include the following items: The name, address, and telephone number of the protester; The original signature of the protester or its representative; Identification of the solicitation by RFP number; A precise statement of the relevant facts; Identification of the issues to be resolved; Identification of the legal or factual basis; Any additional supporting documentation; and Protest bond in the amount of $20,000, except where prohibited by law or treaty. Protests that do not address these elements will not be reviewed. D. RIGHTS RESERVED This RFP does not commit Sourcewell to award any contract and a proposal may be rejected if it is nonresponsive, conditional, incomplete, conflicting, or misleading. Proposals that contain false statements or do not support an attribute or condition stated by the Proposer may be rejected. Sourcewell reserves the right to: Modify or cancel this RFP at any time; Reject any and all proposals received; Reject proposals that do not comply with the provisions of this RFP; Select, for contracts or for discussion, a proposal other than that with the lowest cost; Rev. 2/2020 Sourcewell RFP #062320 Equipment Rental with Related Services Page 11 Page 381 of 744345 Independently verify any information provided in a Proposal; Disqualify any Proposer that does not meet the requirements of this RFP, is debarred or suspended by the United States or Canada, State of Minnesota, Participating Entity's state or province; has an officer, or other key personnel, who have been charged with a serious crime; or is bankrupt, insolvent, or where bankruptcy or insolvency are a reasonable prospect; Waive or modify any informalities, irregularities, or inconsistencies in the proposals received; Clarify any part of a proposal and discuss any aspect of the proposal with any Proposer; and negotiate with more than one Proposer; Award a contract if only one responsive proposal is received if it is in the best interest of Participating Entities; and Award a contract to one or more Proposers if it is in the best interest of Participating Entities. DISPOSITION OF PROPOSALS All materials submitted in response to this RFP will become property of Sourcewell and will become public record in accordance with Minnesota Statutes Section 13.591, after negotiations are complete. Sourcewell considers that negotiations are complete upon execution of a resulting contract. It is the Proposer's responsibility to clearly identify any data submitted that it considers to be protected. Proposer must also include a justification for the classification citing the applicable Minnesota law. Sourcewell will not consider the prices submitted by the Proposer to be confidential, proprietary, or trade secret materials. Financial information, including financial statements, provided by a Proposer is not considered trade secret under the statutory definition. The Proposer understands that Sourcewell will reject proposals that are marked confidential or nonpublic, either substantially or in their entirety. Rev. 2/2020 Sourcewell RFP #062320 Equipment Rental with Related Services Page 12 Page 382 of 744346 Sourcewell 5/5/2020 Addendum No. 1 Solicitation Number: RFP 062320 Solicitation Name: Equipment Rental with Related Services Consider the following Question and Answer to be part of the above -titled solicitation documents. The remainder of the documents remain unchanged. Question 1: Is there a way to export or download the questions within the specification tables? Answer 1: After selecting "Start Submission", a proposer may navigate to Step 4 — "Preview Bid" and select "Preview My Bid in PDF", if a downloadable PDF of the questionnaire tables is desired. Acknowledgement of this Addendum to RFP 062320 posted to the Sourcewell Procurement Portal on 5/5/2020, is required at the time of proposal submittal. Page 383 of 744347 SOUrcewell II 5/12/2020 Addendum No. 2 Solicitation Number: RFP 062320 Solicitation Name: Equipment Rental with Related Services Consider the following Questions and Answers to be part of the above -titled solicitation documents. The remainder of the documents remain unchanged. Question 1: When submitting a response to this RFP, is it acceptable to offer just one line item from the Requested Equipment, Products, and Services? Answer 1: A proposer is not required to offer all possible items or services within the scope of the solicitation to be considered for award. However, proposals are evaluated based on the criteria as stated in the RFP. Question 2: For future reference, will the response from a previous RFP automatically populate the fields of a new RFP as appropriate (i.e. Tables 1 through 11)? Answer 2: Each opportunity posted to the Sourcewell Procurement Portal represents a separate and distinct competitive solicitation. The content of a vendor's proposal will not automatically carry over to future proposals. End of Addendum Acknowledgement of this Addendum to RFP 062320 posted to the Sourcewell Procurement Portal on 5/12/2020, is required at the time of proposal submittal. Page 384 of 744348 Sourcewell 6/1/2020 Addendum No. 3 Solicitation Number: RFP 062320 Solicitation Name: Equipment Rental with Related Services Consider the following Question and Answer to be part of the above -titled solicitation documents. The remainder of the documents remain unchanged. Question 1: Would the rental of used fire apparatus be considered in the scope of the RFP? Answer 1: Each proposer, in its discretion, will propose the equipment, products, and services that it deems to fall within Sourcewell's requested equipment, products, and services as described in the RFP. Only those products within the scope of the RFP will be included in any contract awarded by Sourcewell as a result of the solicitation and each Proposal will be evaluated based on the criteria stated in the RFP. End of Addendum Acknowledgement of this Addendum to RFP 062320 posted to the Sourcewell Procurement Portal on 6/1/2020, is required at the time of proposal submittal. Page 385 of 744349 SOUrcewell II 6/3/2020 Addendum No. 4 Solicitation Number: RFP 062320 Solicitation Name: Equipment Rental with Related Services Consider the following Question and Answer to be part of the above -titled solicitation documents. The remainder of the documents remain unchanged. Question 1: Is a dealer representing a corporate manufacturer in a geographical area allowed to submit a bid or would this bid be expected to come from a corporate level? Answer 1: A proposer is not required to cover every geographic region to be considered for award. Each proposal is evaluated based on the criteria stated in the RFP. Acknowledgement of this Addendum to RFP 062320 posted to the Sourcewell Procurement Portal on 6/3/2020, is required at the time of proposal submittal. Page 386 of 744350 Sourcewell 6/3/2020 Addendum No. 5 Solicitation Number: RFP 062320 Solicitation Name: Equipment Rental with Related Services Consider the following Question and Answer to be part of the above -titled solicitation documents. The remainder of the documents remain unchanged. Question 1: If a company is offering a proposal for this RFP, must the company have the equipment in their owned inventory? Answer 1: Each proposer, in its discretion, will determine how to best demonstrate the depth and breadth of their offered equipment, products, or services, and their ability to serve Sourcewell participating entities. Refer to Questionnaire Tables 14A, 1413, and 15, of Step 1 of the bid submission process within the Sourcewell Procurement Portal. End of Addendum Acknowledgement of this Addendum to RFP 062320 posted to the Sourcewell Procurement Portal on 6/3/2020, is required at the time of proposal submittal. Page 387 of 744351 SOUrcewell II 6/8/2020 Addendum No. 6 Solicitation Number: RFP 062320 Solicitation Name: Equipment Rental with Related Services Consider the following Question and Answer to be part of the above -titled solicitation documents. The remainder of the documents remain unchanged. Question 1: RFP Section II. E. "ESTIMATED CONTRACT VALUE AND USAGE" states, "Based on past volume of similar contracts, the estimated annual value of all transactions from contracts resulting from this RFP are anticipated to be USD$80 Million." Can you please provide a listing as to the quantities and types of equipment that make up this estimate? Answer 1: The RFP anticipated volume is an aggregate estimate based on past volumes of similar contracts. It is an aggregate estimate only, and no sales or sales volume are guaranteed. End of Addendum Acknowledgement of this Addendum to RFP 062320 posted to the Sourcewell Procurement Portal on 6/8/2020, is required at the time of proposal submittal. Page 388 of 744352 Sourcewell 6/9/2020 Addendum No. 7 Solicitation Number: RFP 062320 Solicitation Name: Equipment Rental with Related Services Consider the following Question and Answer to be part of the above -titled solicitation documents. The remainder of the documents remain unchanged. Question 1: Please provide more clarification in regards to Line Item 69 - Heating, Ventilation and Air Conditioning (HVAC) Equipment. In order to provide a bid for this line item, more specifications as to the requirements of the type of product (application, desiccant, SUM requirements, etc.) is being requested. Answer 1: Sourcewell utilizes a competitive, solutions -based solicitation approach that is not based on detailed specifications or finite quantities for our cooperative contract awards. A respondent is allowed to propose the entire line of products and services falling within the scope of the RFP. Section II. B. of the RFP addresses the requested equipment, products, or services for this solicitation. End of Addendum Acknowledgement of this Addendum to RFP 062320 posted to the Sourcewell Procurement Portal on 6/9/2020, is required at the time of proposal submittal. Page 389 of 744353 Sourcewell 6/15/2020 Addendum No. 8 Solicitation Number: RFP 062320 Solicitation Name: Equipment Rental with Related Services Consider the following Question and Answer to be part of the above -titled solicitation documents. The remainder of the documents remain unchanged. Question 1: Table 2, Question 9 regarding financial stability, and Question 13 "how is your organization best described", should the responses be from the point of view of the parent company or the subsidiary that handles rental of equipment? Answer 1: In the competitive process, Sourcewell will not advise a proposer on the content of the proposal. It is left to the discretion of each proposer to determine the information necessary to best demonstrate their financial stability and organizational information to Sourcewell participating entities. The solicitation is a competitive process and proposals are evaluated on the content submitted. Acknowledgement of this Addendum to RFP 062320 posted to the Sourcewell Procurement Portal on 6/15/2020, is required at the time of proposal submittal. Page 390 of 744354 CATERPILLAR Caterpillar Inc. 100 NE Adams Street Peoria, IL 61629 Rental National Accounts Contract effective date: September 17, 2020 Re: pricing for equipment rental & related services on Sourcewell contract 062320 -CAT Sourcewell contract 4062320 -CAT extends to participating members the following: 1. Equipment Rental: a. Nationwide not -to -exceed rates for a wide variety of Cat® branded equipment, as well as equipment from more than 70 other brands, represented by Cat equipment dealers and The Cat Rental Store locations. b. Subject to local market conditions, Cat dealers and The Cat Rental Stores, may offer rates lower than, but are not permitted to charge rates higher than, the national contract rates. c. Contact your local The Cat Rental Store location for custom rate quote. To find the locations nearest you, please visit: https://www.catrentalstore.com/en US/locations.html 2. Cat Safety Services: a. 15% off standard / list prices b. For details on product service offerings, please visit: https://www.cat.com/en®US/suDport/safetyservices.html or contact our safety experts at: 1-866-963-3551 If you have further questions, please contact Caterpillar Inc.: John Frame National Rental Accounts Manager - Governmental Office: 309-675-2891 E-mail: GOVRental(&- cat.com oil Mary Clutter Sales Support Coordinator Office: 309-578-4406 E-mail: GOVRentaI cat.com aterpfflar: (;onhd en1:W Green Page 391 of 744355 Rev. 7/2022 1 CONTRACT EXTENSION Contract Number: Sourcewell and 202 12th Street Northeast P.O. Box 219 Staples, MN 56479 (Sourcewell) (Vendor) have entered into Contract Number: 110719- for the procurement of: The Contract has an expiration date of Decemb r, but the parties may extend the Contract by mutual consent. Sourcewell and Vendor acknowledge that extending the Contract benefits the Vendor, Sourcewell and Sourcewell’s Members. Vendor and Sourcewell agree to extend the Contract listed above for an additional period, with a new Contract expiration date of Dece mber , . All other terms and conditions of the Contract remain in full force and effect. Sourcewell ________________________________ Authorized Signature ________________________________ Name ________________________________ Title ________________________________ Date ________________________________ Authorized Signature ________________________________ Name ________________________________ Title ________________________________ Date DocuSign Envelope ID: E3B7CE79-5EBB-4440-9E9F-35A3568E06E0 Chief Operating and Procurement Officer 062320-CAT 2025-08-27 062320-CAT 61629-0001Peoria, Illinois Equipment Rental with Related Services 100 NE Adams St 2024-08-27 Caterpillar Inc. Jeremy Schwartz 6/6/2024 | 9:38 AM CDT East Region Director – RS/CRNA Paulo Carrolo 6/7/2024 | 11:37 AM PDT 3561402 7.A. Requested Action by Commission: Approval to issue a Purchase Order for the rental of a 1.000 Kilowatt (KW) emergency backup generator and cables at the East Water Treatment Plant (EWTP) from Pantropic Power Cat for a monthly cost of 11,056.80 and service cost of $2,095.00 twice a year for a total annual cost of $136,871.60. Utilizing the Sourcewell NJ PA Contract #062320 -CAT, previously approved by Commission on February 15, 2022. Explanation of Request: Contract Period: September 17, 2020 - August 27, 2024 The East Water Treatment Plant operating permit requires an emergency backup power system to enable continuity during any power outage. Installation of a permanent backup power system is underway. However, the Plant requires a temporary generator until the permanent backup power system installation is completed. The pricing is based upon Sourcewell NJ PA Contract # 062320 -CAT and Pantropic Power Cat is an authorized Caterpillar Dealer. Sourcewell NJ PA procurement process satisfies the City's competitive bid requirements. How will this affect city programs or services? The rental of an emergency generator provides continuity of water service to customers. Fiscal Impact: Money is budgeted in account number 401-2811-536-44.30 for rental, and account number 401-2811-536-46.20 for service costs. Alternatives: The City of Boynton Beach could issue its own bid for these services but, the City benefits from bid pricing secured by a governmental agency offering a larger scope of work. Strategic Plan: High Performing Organization, Public Health and Safety Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Page 321 of 744357 Attachments: Type D QLAOtE)S D Cointract D OthE)ir D OthE)ir Description Fliriciing firoirn I ocall CATDE,a blir' S0L.Jlir'C,E)W(.)ll INJ IFIA Cointract IRI:::: F1 aind AddE)indUlirns SOLArcEwc..fll INJ IC IA S0L.Jlir'C,E)W(.)ll INJ IFIA 062320 CAT Fliriciing II info Page 322 of 744358 j V' Item ID DESCRIPTION jAdditional Descritpion UNIT PRICE Pantropic Power, Inc. 1 One Source, One Call, One Solution www.uautropiacom 10,840.00 8205 NW 58th ST Miami, FL 33166 Contract For: Brian Heller 124 E Woolbright Road Boynton Beach, Fl 33435 Phone 561-742-6420 Cell Email: Hellerb(a bbfl.us Comments or Special Instructions: JOBSITE: City of Boynton Beach Name: Address: SAME DATE 1/30/2023 Contract # RAGO1302023-1 Customer Acct. #: 3516800 Contract valid until: 3/l/2023 Roberto Garcia Email: Roberto_Garcia@pantropic.com Phone: (305) 592-4944, ext. 3022 Cell: (305) 970-5902 START DATE COLLECTION PERIOD ESTIMATED END DATE SHIFT TAXABLE? INSURANCE? TERMS OF PAYMENTS 1/30/2023 MONTHLY 1/1/2024 Standby (0 hrs) No Yes Net 30 12 QUANTITY Item ID DESCRIPTION jAdditional Descritpion UNIT PRICE AMOUNT 1 XQ1000_NC 1000 KW Generator,intemal 1250 g fuel tank. Fuel consumption is 53.0 g/hr at3/4load. 10,840.00 10,840.00 20 4 Odd 50 Ft 4/0 50' Cam Lok Cable n/e 20 4 Odd Female Lugged 4/0 Female Lugged Pigtail n/e 20 4 Odd Male Bare 4/0 MB Pigtail n/e Loss Waiver Loss Waiver 14% Rental_Evf Environmental Fee 2% 216.80 Rental_Fue Fuel Charge Re Trans—E Rental Transport External R/T to and from Job Site o t1 urvpol t coT as Thi, iv p uci oll the (`n st Re_Mainten Rental Maintenance PM is required every 250 horns ofnm ihne. hivoiwd sepmtely as needed EachPMwslis 2,095.00 Notes: SUBTOTAL 11056.80 TAX RATE SALES TAX OTHER 1st MONTH TOTAL 11,056.8F 11,056.80SUBSEQUENTMONTH/S TOTAL qp&'P o C7areia Rental Sales Customer Signature (Required): Printed Name: Date: PO #: Page 323 of 744359 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 062320 -CAT Solicitation Number: RFP #062320 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Caterpillar Inc., 510 Lake Cook Road Suite 100, Deerfield, IL 60015 Vendor or Caterpillar). 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 August 27, 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. While Caterpillar is Vendor under the Contract, pursuant to Section 10(a) it will subcontract certain obligations under this Contract to its dealers. Only those dealers that sign a Rev. 2/2020 Page 324 of 744360 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 062320 -CAT Participation Agreement with Caterpillar obligating them to comply with the terms of this Contract will be eligible to provide Equipment, Products, or Services as a subcontractor under this Contract. In the event there is no dealer who has entered into a Participation Agreement available to provide Equipment, Products, or Services to a Participating Entity, Caterpillar shall be under no obligation to provide Equipment, Products, or Services to such Participating Entity under this Contract. Caterpillar will provide a copy of this Contract to its dealers that would normally service Participating Entities and invite such dealers to enter into a Participation Agreement as a subcontractor of Caterpillar under the terms of this Contract. Rental equipment may not be current year model and may be used, having been rented by Participating Dealer's prior customers. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in 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. Any warranties granted to Participating Entities shall be granted solely by the Participating Dealer renting or otherwise providing the Equipment, Products or Services, as agreed between the parties. If rented equipment needs repair or replacement during the rental period, the Participating Dealer will repair or replace the Equipment at its cost and expense; provided that if the repair or replacement is as result the Participating Entity's misconduct, abuse, misuse, neglect or negligence, such Participating Entity will be responsible for the cost of repair or replacement. Except as expressly stated herein, all warranties, including any implied warranty of merchantability or of fitness for a particular purpose are expressly excluded and disclaimed. 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. Upon request made to a participating CAT dealer, from a Participating Entity identifying themselves as a Sourcewell member by providing their Sourcewell member number and Rev. 2/2020 Page 325 of 744361 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 062320 -CAT contract number, formal rental rate quotes will list all costs, including delivery expenses, such as freight and permits (when required). 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 time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity. B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor with valid tax - exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity. C. HOT LIST PRICING. At anytime during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line -item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities. Rev. 2/2020 Page 326 of 744362 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 062320 -CAT 4. PRODUCT AND PRICING CHANGE REQUESTS Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must: Identify the applicable Sourcewell contract number; Clearly specify the requested change; Provide sufficient detail to justify the requested change; Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing 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 be 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. Caterpillar will not enter into a contract with a U.S. Federal Government entity prior to obtaining necessary internal approvals and shall not be obligated to provide Equipment, Products, or Services to any U.S. Federal Government entity under this Contract unless separately agreed in writing. Caterpillar may work with such parties and may agree to provide equipment or services under the Contract on a case-by-case basis. 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 members to join Rev. 2/2020 Page 327 of 744363 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 062320 -CAT Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract. B. PUBLIC FACILITIES. Vendor's employees maybe required to perform work at government- owned facilities, including schools. Vendor's employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws. 6. PARTICIPATING ENTITY USE AND PURCHASING A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically, a Participating Entity will issue an order directly to Participating Dealers with payment made to the dealer as agreed. 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. 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, or any Participating Addendum, are to be negotiated between a Participating Entity and Participating Dealer, 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, Participating Dealer may agree to 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 Rev. 2/2020 Page 328 of 744364 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 062320 -CAT 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: Maintenance and management of this Contract; Timely response to all Sourcewell and Participating Entity inquiries; and Business reviews to Sourcewell and Participating Entities, if applicable. B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information. 8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made). The Report must contain the following fields: Customer Name (e.g., City of Staples Highway Department); Customer Physical Street Address; Rev. 2/2020 Page 329 of 744365 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 062320 -CAT Customer City; Customer State/Province; Customer Zip Code; Customer Contact Name; Customer Contact Email Address; Customer Contact Telephone Number; Sourcewell Assigned Entity/Participating Entity Number; Item Purchased Description; Item Purchased Price; Sourcewell Administrative Fee Applied; and Date Purchase was invoiced/sale was recognized as revenue by Vendor. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Vendor may not charge Participating Entities more than the contracted price to offset the Administrative Fee. The Vendor will submit a check payable to Sourcewell for one percent (1%) multiplied by the total net rental revenue (excludes freight, permits, and fees) of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter as the administrative fee. Payments should note the Sourcewell-assigned contract number in the memo and must be mailed to the 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. Rev. 2/2020 Page 330 of 744366 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 062320 -CAT 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. Provided, however, that Caterpillar is permitted to subcontract certain of its rights and obligations to Caterpillar dealers for performance without Sourcewell's prior written consent. 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. Intentionally omitted. 11. LIABILITY 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. Rev. 2/2020 Page 331 of 744367 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 062320 -CAT 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 Intentionally omitted. 15. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY. Intentionally omitted. 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. 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. Rev. 2/2020 Page 332 of 744368 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 062320 -CAT 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: 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. If the default remains after the opportunity for cure, the non -defaulting party may: Exercise any remedy provided by law or equity, or Terminate the Contract or any portion thereof, including any orders issued against the Contract. 20. INSURANCE A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an "AM BEST" rating of A- or better, with coverage and limits of insurance not less than the following: Rev. 2/2020 10 Page 333 of 744369 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 062320 -CAT 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. 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 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 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 Rev. 2/2020 11 Page 334 of 744370 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 062320 -CAT 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. All policies must include there will be no cancellation, suspension, non -renewal, or reduction of coverage without 30 days' prior written notice to the Vendor. Upon request, Vendor must provide to Sourcewell copies of applicable policies and endorsements, within 10 days of a request. 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, 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 "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. A Participating Dealer may name a Participating Entity as an additional insured on a case-by-case basis. 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. A Participating Dealer may waive subrogation against a Participating Entity on a case-by-case basis. 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. Participating Dealers 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 Participating Dealers conduct with Sourcewell and Participating Entities. Rev. 2/2020 12 Page 335 of 744371 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 062320 -CAT 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. 23. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Intentionally omitted. 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 DocuSigned by: By: 9DO6489... Jeremy Schwartz Title: Director of Operations & Procurement/CPO Date: 9/16/2020 1 10:23 AM CDT Approved: D11occuSigned by: By: — 7E42B8F817A64CC... Chad Coauette Title: Executive Director/CEO Date: 9/17/2020 1 1:42 PM CDT Rev. 2/2020 Caterpillar Inc. jD ocuSignedd by: By: - scasesc('ss1a9 Chris Gustafson Title: Global Accounts & Allied Prod. Mgr. Date: 9/17/2020 1 11:39 AM PDT 13 Page 336 of 744372 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 RFP 062320 - Equipment Rental with Related Services Vendor Details Company Name: Caterpillar Inc Does your company conduct business under any other name? If IL yes, please state: 100 NE Adams St Address: Peoria, IL 61629 Contact: Darren Wilson Email: Wilson_Darren_R@cat.com Phone: 309-265-4542 HST#: Submission Details Created On: Monday May 18, 2020 15:44:18 Submitted On: Tuesday June 23, 2020 16:17:32 Submitted By: John Frame Email: Frame_John_J@cat.com Transaction #: 08b57e2d-460c-40d2-a160-12248816b576 Submitter's IP Address: 34.69.162.10 Bid Number: RFP 062320 Vendor Nam ' Ite- llNnQ373 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 Specifications Table 1: Proposer Identity & Authorized Representatives General Instructions (applies to all Tables) Sourcewell prefers a brief but thorough response to each question. Please do not merely attach additional documents to your response without also providing a substantive response. Do not leave answers blank; mark "NA" if the question does not apply to you (preferably with an explanation). Line Item Question Response* 1 Proposer Legal Name (and applicable d/b/a, if any): Caterpillar Inc. 2 Proposer Address: 510 Lake Cook Road, Suite 100, Deerfield, Illinois 60015 3 Proposer website address: caterpillar.com CAT.com 4 Proposer's Authorized Representative (name, title, address, Chris Gustafson email address & phone) (The representative must have Global Accounts & Allied Prod Mgr. authority to sign the "Proposer's Assurance of Compliance" GUSTAFSON_CHRISTOPHER_D@cat.com on behalf of the Proposer and, in the event of award, will 1 309 675 4802 be expected to execute the resulting contract): 5 Proposer's primary contact for this proposal (name, title, John Frame, address, email address & phone): Rental National Accounts Mgr., Governmental Segment Frame _ John _J@cat. com 309-675-2891 6 Proposer's other contacts for this proposal, if any (name, Chris Gustafson title, address, email address & phone): Global Accounts & Allied Prod Mgr GUSTAFSON—CHRISTOPHER—D@cat.com 1 309 675 4802 Table 2: Company Information and Financial Strength Line Question Item Bid Number: RFP 062320 Response" Vendor Namge or74c4374 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 7 Provide a brief history of your company, including your Caterpillar was founded in 1925 when two entrepreneurs company's core values, business philosophy, and industry merged their companies: Holt Manufacturing Company and longevity related to the requested equipment, products or C.L. Best Tractor Company. The merger was a great services. success because the ethics of both men were focused on high quality products and the best customer support. Since the founding 95 years ago, Caterpillar Inc. has retained the culture of focusing on customer needs and supporting products after the sale. Our company culture is keenly focused on customer satisfaction and every employee realizes that a customer's experience using the product will determine whether he or she will continue to purchase, lease, or rent Caterpillar products & services in the future. The key to this satisfaction is two -fold: develop & provide the best products and services that empower our dealers to offer the best support. Through this combination, we are proud to prove that our products and services offer the best value to our customers regardless of where they are located. We can prove measurable advantages in total owning and operating costs as well as intangible benefits in terms of standard safety features and telematics information sharing; as well as and many training, fleet health, and application support services offered by our dealers. Please refer to attached "Caterpillar Code of Conduct" in the attached "Financial Strength and Stability" zip folder for details regarding our corporate core values and business philosophy. 8 What are your company's expectations in the event of an Caterpillar is honored to have served Sourcewell and its award? members' who have purchased CAT construction equipment, work -tools, and electrical power generation products through Sourcewell since 2008. Furthermore, we are proud to have earned the Sourcewell Legacy Award in 2019. Caterpillar contributes well over half of the revenue Sourcewell receives in the current Heavy Construction purchase) contract (032119 -CAT) and look forward to the opportunity to further grow business and serve members' needs together through a rental contract. Bid Number: RFP 062320 Vendor Nam ' N iNnQ375 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 9 Demonstrate your financial strength and stability with Maintaining financial strength is a critical priority for meaningful data. This could include such items as financial Caterpillar. We receive debt ratings from the major credit statements, SEC filings, credit and bond ratings, letters of rating agencies. Caterpillar is "mid -A" rated by S&P and credit, and detailed reference letters. Upload supporting Fitch and has a "low -A" rating with a positive outlook from documents (as applicable) in the document upload section of Moody's. Maintaining our "mid -A" credit rating is critical to your response. our cash deployment priorities. Due to our prudent focus on financial strength, on a comparative basis Caterpillar has generally demonstrated higher profitability, lower leverage, and better liquidity than our competitor peer group. Our liquidity position is extremely strong with typically the highest percentage of cash as a percent of total assets on the balance sheet vs our competitors. Please see five-year financial summary recently published in the attached "2019 Caterpillar's SEC form 10K Financial Summary" in the "Financial Strength and Stability" zip folder , which provides additional details about our financial position. The full text of the 239 -page 10-K document can be found on our public website: hftp://\mAm.caterpillar.com/enlinvestors/sec-filings.html In 2019, Caterpillar sales and revenues were $53.8 billion. In 2019, Caterpillar delivered record profit per share of $10.74 per share and ended 2019 with $8.3 billion of enterprise cash. After paying uninterrupted rising annual dividends for more than two decades, Caterpillar, Inc. (NYSE: CAT) reached the 25th consecutive year mark for inclusion in the elite group of companies designated as Dividend Aristocrats. In addition to a minimum of 25 consecutive years of dividend hikes, a company must be a component of the S&P 500 index and must have a market capitalization of at least $3 billion to qualify as a Dividend Aristocrat. 10 What is your US market share for the solutions that you are CAT dealers are independent businesses. As such proposing? Caterpillar cannot share their rental revenue market share. However, with Cat Rental Stores, Cat heavy equipment, Cat Power Systems, and dealer crane rental locations; Caterpillar has the largest rental fleet based on OEC in North America. 11 What is your Canadian market share for the solutions that CAT dealers are independent businesses. As such you are proposing? Caterpillar cannot share their rental revenue market share. However, with Cat Rental Stores, Cat heavy equipment, Cat Power Systems, and dealer crane rental locations; Caterpillar has the largest rental fleet based on OEC in North America. 12 Has your business ever petitioned for bankruptcy protection? No. Caterpillar Inc. has never been bankrupt. If so, explain in detail. Bid Number: RFP 062320 Vendor Namge R ' P" 376 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 13 How is your organization best described: is it a Caterpillar is a manufacturer of construction, mining, energy 16 manufacturer, a distributor/dealer/reseller, or a service and transportation equipment, technology and provider of provider? Answer whichever question (either a) or b) just related services. below) best applies to your organization. we are highlighting some recognition received in 2018 & a) If your company is best described as a Caterpillar Inc. is a world class manufacturer which distributor/dealer/reseller (or similar entity), provide your distributes products through a vast and capable dealer written authorization to act as a distributor/dealer/reseller for network. the manufacturer of the products proposed in this RFP. If applicable, is your dealer network independent or company CAT dealers are strong independent companies and in North owned? America alone they have a combined net worth of billions of b) If your company is best described as a manufacturer dollars. Their large valuation is a competitive advantage or service provider, describe your relationship with your because it allows them to have the infrastructure to support sales and service force and with your dealer network in customers regardless of location, industry, fleet size, or delivering the products and services proposed in this RFP. application. We believe the service parts inventory Are these individuals your employees, or the employees of a maintained by CAT dealers is the largest of any construction third party? equipment and power systems brand. Another advantage of independently owned dealers is that they know their customers and market well. They tailor their services specifically to their customers' needs. Caterpillar and each dealer have signed a sales and service agreement that outlines the specific expectations from both parties. In a broad overview, Caterpillar manufactures products and sells them to CAT dealers. The dealers then sell, lease and rent those products to customers. Caterpillar does not sell directly to state, province, nor local governments. Although Caterpillar will sign this contract as a manufacturer, CAT dealers will be given the opportunity to avail themselves of the rental business presented by the contract and will execute all the transactions with governmental, educational and non-profit customers as they do today. This includes but is not limited to consultation, quoting, accepting payment, delivery, warranty support, parts sales, and service. This is no different than sales and rentals occurring outside the terms of this agreement. Caterpillar dealers heartily embrace Sourcewell contracts 032119 -CAT, #120617 -CAT, and all of them have been trained in there use and as such will already be familiar with Sourcewell's rental contract. In fact, the Sourcewell contract covering equipment & work -tools for purchase (032119 -CAT) was leveraged by more than 90% of our dealers in 2018 and 2019. Caterpillar offers specific discounts to Sourcewell members. By renting to members under the Sourcewell contract, participating CAT dealers agree to honor those discounts. 14 If applicable, provide a detailed explanation outlining the To the extent of our knowledge, we are unaware of specific licenses and certifications that are both required to be held, licenses or certifications required to pursue the business and actually held, by your organization (including third parties covered by this RFP. and subcontractors that you use) in pursuit of the business contemplated by this RFP. 15 Provide all "Suspension or Debarment" information that has Caterpillar Inc. has not been suspended or disbarred in the applied to your organization during the past ten years. Past ten years. Table 3: Industry Recognition & Marketplace Success Line Item Question Response* 16 Describe any relevant industry awards or recognition that Please note: To list all the awards received in the past five your company has received in the past five years years would unnecessarily lengthen our response. For brevity, we are highlighting some recognition received in 2018 & 2019. Sourcewell Legacy Award -2019 Bid Number: RFP 062320 Vendor Namge IFP " 377 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 Bid Number: RFP 062320 2018 Corporate Awards & Recognition Forbes Magazine America's Most JUST Companies -- Forbes World's Most Reputable Companies 2018 -- #47 Fortune 500 -- #65 Dow Jones Sustainability Index -- 19 -year member Fortune World's Most Admired Companies 2018 -- #43 Forbes America's Best Employers for Diversity 2018 -- Top Veteran -Friendly Companies 2018 -- U.S. Veterans Magazine Woman Engineer Magazine -- Top 50 Employers 2018 21 Minority Engineer Magazine -- Top 50 Employers 2018 15 CAREERS & the disABLED Magazine -- Top 50 Employers 2018 -- #9 Human Rights Campaign Foundation Corporate Equality Index 2018: Score = 90 Forbes 2018 Top 25 Places to Work in Brazil -- #5 Forbes Best Employers for Women 2018 -- #245 Interbrand Best Global Brands 2018 -- #82 Top 150 Global Licensors — Global License Top 1,000 companies with the Strongest Female Leaders — Mogul 7 Companies with Impressive Mentorship Programs — Glassdoor Top -Rated Workplaces: Best For Veterans — Indeed Best Product Support in 2018 — Brazilian Association of Technology for Construction and Mining Facility of Distinction for Safety — Indonesia Certification on Promoting Work Life Balance — Japan 2018 Product Awards & Recognitions Top 100 Awards from Construction Equipment magazine D8T TTT Next Gen 20 -ton HEX 24 MG 903D CWL UTVs Contractor's Choice Awards from Roads & Bridges magazine PM622 — Gold AP1055F — Gold AP555F — Gold SE60 V XW — Gold CB66B — Gold CS56B — Gold D6T — Gold 315F CR — Gold 335F CR — Gold 962M — Gold 140M3 — Gold B20 — Gold Grade Control — Bronze Product Link — Bronze 420F2 — Gold 304.5E2 XTC — Silver 299D2 XHP — Gold TH255C - Gold 777G — Gold Top 50 Award from Equipment Today magazine 320 GC, 320 and 323 Next Gen HEX Twenty for 2018 Award from Landscape Business magazine UTVs Vendor Namge MY' P7" 378 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 17 What percentage of your sales are to the governmental The governmental & educational sector is extremely CAT equipment purchaser: sector in the past three years important to Caterpillar. We do not track government and Lac La Biche County, AB Manager education separately. However, it is safe to assume that the CAT equipment purchaser: Mark Chileen, Director of Public Works bulk of these sales is to state, county, municipal, and County of St. Paul, AB special districts. We have a dedicated team to ensure CAT equipment purchaser: Clayton Funk, Fleet Manager success in this market. Overall, the percentage of our sales Douglas County, KS to non-federal governmental agencies varies between 11% CAT equipment purchaser: Joey Auche, Fleet Operations and 26%. City of Newport News, VA Superintendent Some of our product families are highly focused and CAT equipment purchaser: Klamath Tom Crist, Operations Manager designed for governmental customers. With these products, County Solid Waste, OR we see the percentage of our sales to government as high as 75%. 18 What percentage of your sales are to the education sector The governmental & educational sector is extremely in the past three years important to Caterpillar. We do not track government and education separately. However, it is safe to assume that the bulk of these sales is to state, county, municipal, and special districts. We have a dedicated team to ensure success in this market. Overall, the percentage of our sales to non-federal governmental agencies varies between 11% and 26%. Some of our product families are highly focused and designed for governmental customers. With these products, we see the percentage of our sales to government as high as 75%. 19 List any state, provincial, or cooperative purchasing contracts While CAT dealers would typically hold contracts with states that you hold. What is the annual sales volume for each of and provinces, as an exception Caterpillar holds the state these contracts over the past three years? contract with Ohio. Additionally, we are contract holders with National IPA and NASPO ValuePoint. Just as we would never share Sourcewell transaction information with other cooperatives, we don't feel it would be honorable to share the volumes of those contracts. However, we are happy to report that of all cooperative contract sales, most are transacted via Sourcewell. 20 List any GSA contracts or Standing Offers and Supply Caterpillar holds GSA contract GS -30E -0018U, Schedule Arrangements (SOSA) that you hold. What is the annual 23V Automotive Superstore. The sales volume is more than sales volume for each of these contracts over the past three 9.2M per year. Caterpillar also holds GSA EPG contract years? GS07F5666R, Schedule 56 Buildings and Building Materials. The sales volume is approximately $1M per year. We do not allow our dealers to use our GSA contracts. Table 4: References/Testimonials Line Item 21. Supply reference information from three customers who are eligible to be Sourcewell participating entities. Entity Name * Contact Name* Phone Number* CAT equipment purchaser: Les Cote, Equipment Maintenance 780) 623-6815 Lac La Biche County, AB Manager CAT equipment purchaser: Mark Chileen, Director of Public Works 780) 645-3006 County of St. Paul, AB CAT equipment purchaser: Clayton Funk, Fleet Manager 785) 331-1333 Douglas County, KS CAT equipment purchaser: Joey Auche, Fleet Operations 757) 848-8406 City of Newport News, VA Superintendent CAT equipment purchaser: Klamath Tom Crist, Operations Manager 541) 891-5687 County Solid Waste, OR Bid Number: RFP 062320 Vendor Namge U PP " 379 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 Table 5: Top Five Government or Education Customers Line Item 22. Provide a list of your top five government, education, or non-profit customers (entity name is optional), including entity type, the state or province the entity is located in, scope of the project(s), size of transaction(s), and dollar volumes from the past three years. Entity Name Entity Type State / Province* Scope of Work* Size of Dollar Volume Past trained in the industry. We ask CAT dealer sales people to Transactions Three Years City of Minneapolis Government Minnesota - MN Construction 102 machines 2.6 million Public Works Fleet remains current on all product updates. Specifically, as it Equipment relates to governmental sales, each dealer has one or more Div. people named to be a key liaison between us as a manufacturer, and their dealer sales team. This person is City of Raleigh Government North Carolina - NC Construction 110 machines 2.2 million In North America, our dealers employ more than 53,000 Equipment people across the machine, energy, parts, and service State of Maine Government Maine - ME Construction 223 machines 1.5 million Dept. of service and support. Equipment The dealer sales teams are supported by a network of Transportation Caterpillar professionals. Each dealer has in -territory support of 5-8 Caterpillar sales/marketing employees. It is the City of North Las Government Nevada - NV Construction 48 machines 0.9 million Vegas and to adapt to marketplace changes. Beyond the territory Equipment experts, the sales and marketing department at Caterpillar is State of Utah Government Utah - UT Construction 25 machines 0.8 million the -scenes" to ensure industry leading product design, up-to- Equipment date product information, and maintaining the ease of doing Table 6: Ability to Sell and Deliver Service Describe your company's capability to meet the needs of Sourcewell participating entities across the US and Canada, as applicable. Your response should address in detail at least the following areas: locations of your network of sales and service providers, the number of workers (full-time equivalents) involved in each sector, whether these workers are your direct employees (or employees of a third party), and any overlap between the sales and service functions. Line Item Question Response* 23 Sales force. The CAT dealer salesforce is the most capable and highly trained in the industry. We ask CAT dealer sales people to be consultants and to advise customers on the best solutions. As a manufacturer we request our dealers to follow strict training protocols to ensure our sales force remains current on all product updates. Specifically, as it relates to governmental sales, each dealer has one or more people named to be a key liaison between us as a manufacturer, and their dealer sales team. This person is offered additional in-depth training on Sourcewell and ensures that all contract terms are followed. In North America, our dealers employ more than 53,000 people across the machine, energy, parts, and service divisions. Of this number more than 8% (4400) are in machine and parts sales; more than 39% (21,000) are in in service and support. The dealer sales teams are supported by a network of Caterpillar professionals. Each dealer has in -territory support of 5-8 Caterpillar sales/marketing employees. It is the responsibility of these people to ensure that the dealer and Caterpillar are working well together to constantly improve and to adapt to marketplace changes. Beyond the territory experts, the sales and marketing department at Caterpillar is staffed by more than 600 people whose mission is to focus on customer satisfaction. Even more are employed "behind - the -scenes" to ensure industry leading product design, up-to- date product information, and maintaining the ease of doing business in an increasingly connected marketplace. Bid Number: RFP 062320 Vendor Namge N' ' P7" 380 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 24 1 Dealer network or other distribution methods. 25 Service force. Bid Number: RFP 062320 The CAT dealer network is key to the success of our company. Within Canada and the United States, we have more than 800 dealer owned locations that rent equipment. Please refer to our directory listing of CAT dealers locations and locations map in the attached "Additional Documents" zip file / "Cat Dealer Rental Locations -Canada & U.S." folder. are independently owned, and many cover an entire state or province. (In some cases, dealers cross state/provincial boundaries, and in other cases, more than one dealer will be located in a state.) Each dealer has multiple branch locations and a mobile service fleet that can serve customers regardless of location. These are all physical locations our governmental customers may use. Because of the size of CAT dealers, they are exceptionally capable to serve governmental customers. Collectively, CAT dealers' large net worth permits them to stock a high volume of replacement parts — allowing governmental customers the fastest turnaround on parts availability and repair time. CAT dealers recognize the importance of governmental business to their overall success and they each have one or more governmental specialists whose job it is to serve governmental agencies well. Please refer to the CAT dealer rental locations list and map included as attached documents. We at Caterpillar are very proud of the saying: "The sales department sells the first machine; the service department sells every one after that." The CAT dealer network in North America collectively employs more than 20,000 factory trained technicians, parts experts, product support managers and other service-oriented staff. These people are supported with the best repair shop equipment and materials. As machines and engines are constantly updated, so too are our service experts. We conduct product -specific training every week of the year. Technician shortage is an industry- wide concern, but because CAT dealers are large, long established companies, they can offer strong compensation and benefit packages that encourage the best people to seek employment and to retain them once hired. Caterpillar works very closely with dealers and through a program called "Think Big," we are able to keep the pipeline of high quality employees full. In addition to the technicians and mechanics that work on the machines directly, each dealer has a service support staff that includes customer -facing consultants who are responsible for working with customers to set up maintenance and repair schedules to ensure the best possible up -time. Collectively, service support staff makes up the bulk of each dealers' staff. Roughly half of their personnel investment goes to ensuring customer success via product support. The dealer service teams are supported by a network of Caterpillar professionals. Each dealer has in -territory support of 5-8 Caterpillar parts/service employees. It is the responsibility of these people to ensure that the dealer and Caterpillar are working well together to constantly improve and to adapt to marketplace changes. Beyond the territory experts, the service and support groups at Caterpillar are staffed by thousands of people whose mission is to focus on post -sale customer satisfaction. Even more are employed "behind -the -scenes" to ensure technical literature is up to date, service standards are adhered to, and repair questions are answered quickly. We exceed our 95% 1 -hour response rate target in responding to dealer service inquiries. Vendor Namge 45or744381 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 26 27 28 Describe in detail the process and procedure of your customer service program, if applicable. Include your response -time capabilities and commitments, as well as any incentives that help your providers meet your stated service goals or promises. Identify your ability and willingness to provide your products and services to Sourcewell participating entities in the United States. Identify your ability and willingness to provide your products and services to Sourcewell participating entities in Canada. We are proud that our reputation stands on having the best customer support in the industry. In fact, our capabilities are industry leading. Should a customer ever have a problem or issue with a machine, their Cat dealer is empowered to resolve that issue locally. If the problem is a result of a defect in material or workmanship, Caterpillar will cover that completely within the standard warranty period. Every Caterpillar dealer has a common detailed service process in place. Caterpillar supports and verifies that the dealer service technicians are supplied with the tools and equipment needed to repair all Caterpillar products. Technicians have access to an electronic library of technical information including Service Letters, Technical Information Bulletins, System Operations, Troubleshooting, and Disassembly and Assembly manuals. These manuals are provided for every Caterpillar product. Each dealer also has one or more "Technical Communicators" who is dedicated to supporting the service technicians by acting as a liaison between their shop personnel and Caterpillar. The service technicians also have a dealer support network DSN) system with direct access to Caterpillar's Service Engineers. Caterpillar responds to more than 95% of all high priority tickets within one hour. Depending on a customer's needs, they may choose to handle service issues themselves, in conjunction with their dealer, or they may ask their dealer to handle them entirely. To meet the varying desires of each customer, Caterpillar offers a wide range of service programs: Cat EM Solutions Cat Equipment Care Advisor -Monitor Cat Equipment Care Advisor -Protect Cat Inspect Condition Monitoring Customer Support Agreements S -O -S Services We are happy to serve all geographic areas and all Sourcewell Member sectors, within the United States with our complete product and service offering through Sourcewell. Caterpillar has successfully utilized Sourcewell to sell machines in 49 States and Canada. We are happy to serve all geographic areas and all Sourcewell Member sectors, within Canada with our complete product and service offering through Sourcewell. In fact, we see the Canadian market as a significant growth opportunity for Sourcewell use and will actively encourage its use. Caterpillar is gaining significant momentum with Canadian sales through Sourcewell contract #032119 -CAT. In 2018, Caterpillar sales growth in Canada for machines through 032119 -CAT increased nearly 400% over the previous year. Bid Number: RFP 062320 Vendor Namge U PP " 382 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 29 Identify any geographic areas of the United States or CAT dealers maintain over 800 equipment rental locations Canada that you will NOT be fully serving through the that serve every state and province throughout the United proposed contract. States and Canada. Caterpillar has successfully utilized Sourcewell to sell machines in 49 States and Canada. We are happy to serve all geographic areas within the United States and Canada with our complete product and service offering through Sourcewell. Cat dealers are independently owned businesses. Consequently, before dealers can participate in national accounts contracts, including those resulting from proposals to Sourcewell RFPs such as 062320; they must "opt -in" by signing a Dealer Participation Agreement with Caterpillar Inc. Please refer to Table 16: Exceptions to Terms, Conditions, or Specifications For, contract section 2 for further explanation regarding CAT dealer participation. 30 Identify any Sourcewell participating entity sectors (i.e., We are happy to serve all Sourcewell Member sectors, government, education, not-for-profit) that you will NOT be within the United States and Canada with our complete fully serving through the proposed contract. Explain in detail. product and service offering through Sourcewell. For example, does your company have only a regional presence, or do other cooperative purchasing contracts limit Caterpillar's cooperative purchasing and rental contracts are your ability to promote another contract? non-exclusive; i.e. none of them restrict Caterpillar from promoting any other cooperative purchasing contracts. Cat dealers are independently owned businesses. Consequently, before dealers can participate in national accounts contracts, including those resulting from proposals to Sourcewell RFPs such as 062320; they must "opt -in" by signing a Dealer Participation Agreement with Caterpillar Inc. Please refer to Table 16: Exceptions to Terms, Conditions, or Specifications Form, contract section 2, for further explanation regarding CAT dealer participation. 31 Define any specific contract requirements or restrictions that There are no restrictions or limitations for sales to members would apply to our participating entities in Hawaii and in Hawaii, Alaska, or U.S. Territories. However, because Alaska and in US Territories. products available in Hawaii, Alaska, or U.S. Territories are different from those within the U.S. and Canada, we may need to adjust our product list and provide revised pricing as Sourcewell expands to serve these markets. Table 7: Marketing Plan Line Question Item Bid Number: RFP 062320 Response" Vendor Namge I of P 7 4383 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 32 Describe your marketing strategy for promoting this contract opportunity. Upload representative samples of your marketing materials (if applicable) in the document upload section of your response. 33 Our current marketing strategy with Sourcewell contract 032119 -CAT proves to be effective, with year over year sales growth through this contract; including over 75% in 2019 vs. the previous year. Should we be fortunate enough to be awarded a contract for equipment rental in response to RFP #062320, we will proudly announce the award publicly through our multiple customer facing touchpoints which may include: Press Release Governmental Solutions Magazine (Caterpillar produced magazine distributed to governmental customers in the US and Canada Government Training & Safety Days (governmental customer training events at Caterpillar facilities) Announcement in our monthly governmental customer eNewsletter Announcement on our social media channels (FB, Instagram, Linkedln) Feature on our governmental focused website: www. cat. com/governmental Display mentions at all governmental tradeshows we attend Updated literature with the new contract information. Some examples are included as attached documents. However, we will use the opportunity of this newly awarded contract to update and redesign our materials to include our equipment rental offering. Describe your use of technology and digital data (e.g., Caterpillar and the CAT dealer network are leaders in using social media, metadata usage) to enhance marketing emerging technologies to reach our customers. We manage effectiveness. several Facebook pages, Instagram, Linkedln, etc. and can target governmental segments separately. We also look at past purchase history and financing information to recognize in advance when customers may be considering replacing machines that they own. Bid Number: RFP 062320 We have a subscription to a third -party database (Deltek) which we use to monitor future funding. It is our intention to reach out (via CAT dealers) to these potential customers and recommend the Sourcewell solution as they prepare for future purchases and equipment rentals. Vendor Namge PP " 384 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 34 In your view, what is Sourcewell's role in promoting contracts We count on Sourcewell to promote themselves, awarded 36 arising out of this RFP? How will you integrate a Sourcewell- contracts and the viability of cooperative purchasing and awarded contract into your sales process? rental in general. We appreciate Sourcewell's presence in entities. Include details, such as whether training is standard industry media, tradeshows, and their web presence. We or optional, who provides training, and any costs that apply. also appreciate Sourcewell's 'Get to Know You' training forums, which many Caterpillar dealer sales teams have attended throughout the United States. While Sourcewell should continue their currently strong marketing efforts, we believe it is also our responsibility to promote the contract with our customer base. Some examples of our marketing efforts are mentioned in our response to line item 32. We will also encourage these conversations between our sales force and the buyers and influencers who are considering our equipment for purchase. As Sourcewell is already well on the way to be the preferred selling method to non-federal governmental entities by Cat dealers, we will also encourage them to utilize the rental contract as well. There is a team of dedicated corporate governmental specialists whose job is to assist dealers with sales and rentals. These team members are experts in cooperative purchasing and work daily with 37 Describe any technological advances that your proposed customers and dealers to answer questions and to facilitate its use. Caterpillar also has a Governmental Affairs team who will continue to work closely with Sourcewell's Governmental Affairs staff, when necessary, to lobby for procurement codes that allow the use of Cooperative Contracts. 35 Are your products or services available through an e- Our parts division lends itself best to e -procurement and procurement ordering process? If so, describe your e- many CAT dealers offer that capability to customers via a procurement system and how governmental and educational dealer portal. customers have used it. Our machines are complex and often custom -configured. A consultative salesperson is integral to ensuring that machines are configured and built to perform well in their expected duties. For this reason, we do not offer a company -wide e - procurement option. Our dealers are innovators however, and if they offer e -procurement now or in the future we are pleased to allow Sourcewell members to use that option. Table 8: Value -Added Attributes Line Item Question Response* 36 Describe any product, equipment, maintenance, or operator All dealers offer basic operation, safety, and maintenance training programs that you offer to Sourcewell participating training with every sale. Should a customer desire more entities. Include details, such as whether training is standard advanced training, such as productivity improvement or or optional, who provides training, and any costs that apply. advanced repairs, each of our dealers can supply that training. Often there is a cost associated with that specific additional training and it would be negotiated between the dealer and the customer. Caterpillar also offers training programs directly to customers in three areas — operation, safety, and service. Members may access courses online, via CDs, or through instructor - led classes leading to operator certifications. The fees for these services vary depending on the depth of training desired. These high-level instructor -led courses can be conducted at one of our dedicated training facilities in the US, or on a customer's local site using their own equipment. Advanced repair courses may occasionally be made available to non -dealer mechanics. Current course options are available through dealer product support departments. These courses have a fee which varies according to class length and materials. 37 Describe any technological advances that your proposed Technology is a key product differentiator for Caterpillar. To Bid Number: RFP 062320 Vendor Namge 1 PP " 385 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 products or services offer. Bid Number: RFP 062320 describe each of them in detail would expand the length of this response beyond a reasonable level. For brevity, key technologies are referenced below. More detail is available on our product pages on www.cat.com. Remote monitoring and telematics are available on every machine. This allows customers and dealers to monitor machine health and operation with the intent of early issue detection. Through our proprietary fleet monitoring software, we are leaders in using technology to prevent unexpected downtime. Motor Graders Auto shift Transmission – maintains consistent torque through shifts with reduced forces and variations Eco Mode - Save up to 10 percent on fuel consumption Blade Slope Meter - Reduces the dependence on manual grade checking. Cross Slope Indicate - provides a real time readout of cross slope on the machine display Auto Cross Slope - Save up to 40 percent in material with the Cat GRADE Cross Slope feature Cat Grade - Ensures machine readiness for additional 2D/3D grade control technologies Stable Blade - Senses blade bounce before the operator to reduce manual throttle use and site rework Rearview Camera - enhances visibility along with a heated lens to prevent snow buildup Dozers Auto shift Transmission with Lockup Torque Converter – Saves up to 20% of fuel with no operator input Electric Drive Transmission (option) – Saves up to 35% of fuel with no operator input Slope Indicate - provides a real time readout of cross slope on the machine display Slope Assist - automatically maintains blade slope without a GPS signal Cat Grade with 3D - enables operators to improve grading efficiency, accuracy, and productivity in both production dozing and finish grading applications AutoCarry – automatically controls blade lift for more consistent blade loads and less track slip Stable Blade – monitors blade pitch and automatically controls the blade for smoother finishes Rearview Camera - enhances visibility with HD quality and back-up lines Excavators Eco Mode - automatically adjusts engine and hydraulic power for the highest fuel efficiency—less power for tasks such as swinging and more power for digging Cat Grade with 2D - helps operators reach grade faster eliminating grade checkers Cat Grade with 3D – increases productivity and expands grading capabilities Dig Assist – Automatically controls boom and bucket movements to deliver more accurate cuts with less effort Payload measuring - delivers precise load targets with on -the -go weighing eFencing - automatically stops excavator motion using boundaries you set in the monitor for the entire working envelope—above, below, sides and front Birds eye 360 view Camera - rearview and right -side - view cameras always keep operators aware of their surroundings Wheel Loader Electric Drive Transmission (option) - Maintains productivity while operating 25 percent more efficiently Eco Mode - reduces fuel consumption with minimal Vendor Namge INnQ386 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 38 Describe any "green" initiatives that relate to your company or to your products or services, and include a list of the certifying agency for each. impact to productivity Payload measuring - brings payload weighing to the cab so operators can work more productively and deliver accurate loads with confidence Ride Control - works as a shock absorber, improving ride quality over rough terrain Object Detect — increases operator awareness around the machine and provide alerts to help keep people and assets safe on the job site Rearview Camera - enhances visibility with HD quality Backhoe 4WD Auto Shift 6 speed Transmission with Lockup Torque Converter - allows effortless gear and direction changes while maintaining continuous traction throughout the work cycle for better torque and added fuel efficiency Ride Control - provides a much smoother ride in all applications Variable Speed Steering — reduces number of steering wheel rotations when rotated faster. Skid Steer Loader/ Compact Track Loader Remote Task — allows operator to precisely control the machine from a safe location Cat "Intelligent Leveling" system (ILEV) provides industry leading technology, integration and features such as dual direction, self -leveling, work tool return -to -dig and work tool positioner Speed Sensitive Ride Control - improves operation on rough terrain, enabling better load retention, increased productivity, and greater operator comfort. At Caterpillar, sustainability is an important commitment to building a better world. Sustainability is part of who we are and what we do every day — it is one of Caterpillar's core values. We recognize progress involves a balance of environmental stewardship, social responsibility, and economic growth. We consider this as we work toward a vision of a world in which people's basic needs — such as shelter, clean water, education, and reliable energy — are fulfilled. We provide work environments, products, services, and solutions that make productive and efficient use of resources as we strive to achieve our vision. We believe this commitment supports the enduring success of our customers, stockholders, dealers, and our people. Caterpillar is a proud 20 -year member of the Dow Jones Sustainability Indices, including both the World and North America indices. The annual DJSI process follows a best -in - class approach, evaluating numerous corporate economic, environmental, and social performance factors. For more on sustainability at Caterpillar, please visit our 2019 Sustainability Report at: hftp://reports.caterpillar.com/sr/ The 2020 report will be available in 2021. Examples of sustainability in action at Caterpillar follow below: INNOVATION: Caterpillar aims to help customers use less fuel and generate fewer greenhouse gas (GHG) emissions. We continue to develop products with fewer direct emissions. In addition, we're increasing our investment in high -efficiency energy conversion and electrification — working to increase power density, expand the use of alternative fuels, maximize efficiency of power systems, and introduce electrification into our product lines while significantly decreasing owning and operating costs. In doing so, we help our customers improve their own operations, while also driving our industry to Bid Number: RFP 062320 Vendor Namge 9 e"'11 7 nQ387 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 Bid Number: RFP 062320 improve. REMANUFACTURING: Caterpillar strives to provide customers with quality equipment that delivers the best economic proposition for their business. We remanufacture (reman) and rebuild products and components that provide customers not only with immediate cost savings, but also help extend life cycles and use materials more efficiently. Rebuild programs increase the lifespan of equipment by providing customers with a restored product for less cost than buying new. A complete Cat® Certified Rebuild includes more than 350 tests and inspections, automatic replacement of approximately 7,000 parts and a like -new machine warranty. Caterpillar takes a systems view of the life of our products. We design and manufacture them for multiple lives, our dealers support and service them to maximize their value to the customer, and we remanufacture them at the end of their useful life to deliver the next generation of value. Our engineering and manufacturing expertise, field population and dealer organization make this possible. This total life cycle approach allows us to provide sustainable solutions that help customers build a better world. FLEET EFFICIENCY: Reducing waste and conserving natural resources on job sites are increasingly important goals of many of Caterpillar's customers as they seek to realize the full value of their assets on the job site. Our Job Site Solutions team works in partnership with Cat® dealers to help customers find innovative ways to improve their operations and be more competitive in the marketplace — solutions that often deliver additional sustainability benefits. For instance, optimizing fleet efficiency not only reduces costs, but can also improve the maintenance and component replacement cycles of individual machines. Better maintenance execution can extend the life of a machine, which in turn reduces raw material consumption. RESPONSIBLE MANUFACTURING: At our facilities, we work to minimize our environmental impact by focusing on energy conservation, GHG emission reduction, water conservation and waste reduction. We have set energy -efficiency targets in our operations since 1998 and have set GHG emission -reduction targets since 2003. We currently have operational targets for an increased reliance on alternative and renewable energy and a reduction in energy intensity and GHG emissions intensity. As a manufacturer of heavy equipment, some of Caterpillar's operations are energy -intensive. But even in our most energy - dense environments, Caterpillar employees have found ways to implement innovative energy solutions that reduce our energy costs as well as our environmental impacts. With respect to water, we recognize the far-reaching economic, social, and environmental implications that water scarcity may have in the future and have taken steps to reduce our consumption. Finally, we are minimizing waste in our processes not only to reduce costs, but also to reduce our use of materials, energy, water, and land. We ultimately aim to reduce all waste generated by our production processes. SUSTAINABLE CONSTRUCTION: Our goal is to design all new facilities to meet Leadership in Energy and Environmental Design (LEED) or comparable green building criteria. Facilities designed to the LEED criteria are more energy - Vendor Namge or744388 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 39 Identify any third -party issued eco -labels, ratings or certifications that your company has received for the equipment or products included in your Proposal related to energy efficiency or conservation, life -cycle design (cradle -to - cradle), or other green/sustainability factors. and resource -efficient than traditional construction. LEED facilities are also designed to create a healthier indoor environment for employees. All our facilities that completed construction in 2017 met LEED or comparable green building criteria. By taking a critical look at every phase of our operations, teams have been able to uncover unexpected methods to reduce our footprint while maintaining or improving performance and customer satisfaction. We are proud to share the following metrics METRIC CHANGE FROM 2006 to 2019: Absolute Change in GHG Emissions 41% Reduction Operational Energy intensity 32% Reduction Waste Generation Intensity 21% Reduction Absolute Water Consumption 37% Reduction METRIC CURRENT LEVEL: Alternative/Renewable Energy Use 35.5% Waste Recycled 87.1% Plants certified with ISO 14001:2004 Environmental Management System include: Anchor Coupling - Goldsboro, NC - ISO 14001:2004 - Sept 2018 Anchor Coupling - Menominee - ISO 14001:2015 - Jan. 2021 Gen Sets - Newberry - ISO 14001:2004 - Nov. 2017 Mapleton - 14001:2004 self -certification - issued January 2013 Reman Services - Corinth, MS - ISO 14001:2015 - Sept. 2021 Reman Services - Franklin - ISO 14001:2004 - May 2017 Plants certified with ISO 14001:2004 Environmental Management System include: Anchor Coupling - Goldsboro, NC - ISO 14001:2004 - Sept 2018 Anchor Coupling - Menominee - ISO 14001:2015 - Jan. 2021 Gen Sets - Newberry - ISO 14001:2004 - Nov. 2017 Mapleton - 14001:2004 self -certification - issued January 2013 Reman Services - Corinth, MS - ISO 14001:2015 - Sept. 2021 Reman Services - Franklin - ISO 14001:2004 - May 2017 Bid Number: RFP 062320 Vendor Namge11 : 0P nQ389 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 40 Describe any Women or Minority Business Entity (WMBE), Two of our dealers in North America are owned by women: Small Business Entity (SBE), or veteran owned business Foley Equipment, with territory primarily in Kansas and certifications that your company or hub partners have Missouri; and Cashman Equipment based in Nevada. In obtained. Upload documentation of certification (as addition to these two owners, there are 31 other women in applicable) in the document upload section of your response. our North American dealer network who hold the titles of President, Vice President or Director. One of the more recognized initiatives within Caterpillar's Global Supply Network Division is the Caterpillar Inc. Proprietary Information Supplier Diversity program, which spurs economic growth by increasing business opportunities to minority-owned, women -owned, veteran- and service - disabled veteran -owned, small disadvantaged businesses and those certified in HUBZones, all while ensuring expectations are met with regards to quality, velocity, capacity, and cost. Currently more than 37% of our direct and indirect purchasing is conducted with suppliers in these categories. Caterpillar is a proud member of the National Minority Supplier Development Council (NMSDC). We also use the System for Award Management (SAM), SBA, and NMSDC databases to locate SDB, VOSB, SDVOSB and HUBZone suppliers. Supplier Diversity is discussed with Global Supply Network Division leadership during the Monthly Operating Results Review meetings. This in turn forces accountability for diverse supplier inclusion by measuring drivers, such as the number of sourcing projects, which include Diverse Suppliers and the values of the projects in which they participate. The goal is to create greater transparency to determine which teams are creating inclusive environments, and which are not. Bid Number: RFP 062320 Vendor Nam ' I T'11 7 nQ390 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 41 What unique attributes does your company, your products, or RELIABLE RENTAL EQUIPMENT: your services offer to Sourcewell participating entities? What CAT dealers keep their rental fleets fresh. Industry data makes your proposed solutions unique in your industry as it demonstrates that the average age of rental equipment in applies to Sourcewell participating entities? CAT dealers' fleets, is consistently less than the rental industry as a whole. Please refer to in the attached "Additional Documents" zip folder for the "Rental Fleet Asset Age Comparison -Cat vs. Industry" chart for the data. BEST OVERALL VALUE / LOWEST LIFE CYCLE COST: Caterpillar products deliver the best value for the money. While we rarely have the lowest initial purchase price, we are happy to demonstrate to customers that our machines offer the lowest overall owning and operating costs when factors such as fuel efficiency, repair frequency, productivity, and resale value are factored in. We believe that government agencies are tasked to be the best stewards of taxpayer funds and our products can prove that they are the best solution. Sourcewell members are in the best position to allow these discussions to take place in contrast to a local bid situation where the focus is often only on initial price. CAT SAFETY SERVICES / SAFETY FEATURES: In addition to the tangible, measurable aspects of the life cycle cost equation, we also bring our focus on safety to every product that we manufacture. Quantifying a human life or debilitating injury is impossible, but each machine has industry-leading features that strive to minimize the possibility for accidents. In addition to built-in safety features, we also offer a suite of aftermarket safety products and services that are unique in the industry. Caterpillar Safety Services offers culture, jobsite & leadership assessments; safety and leadership training workshops; and a comprehensive continuous improvement process through consultative services. Services are facilitated by Safety Services consultants and training products can be purchased for self -implementation. Details on products and services are available at www.cat.com/safety. These products and services are available at a 15% discount from the list price. Technology Enabled Safety Solutions are tangible products designed to assist the implementation of a safety culture. We are pleased to offer these unique products at a 5% discount off list price. Examples of products and services available include (this list may be augmented as new products/services become available): a) Cat Detect suite of products (allows machines to sense people and objects near them) b) Driver Safety System (detects and reacts to signs of fatigue and distraction) c) Cat SmartBand (monitors activity and sleep data) PRODUCT ATTRIBUTES: Each product we sell offers unique operating, safety, and cost -savings advantages that are exclusive to Caterpillar. It is outside the scope of this response to itemize these differentiators. However, we provide many details on our web page at www.cat.com. Table 9: Warranty Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims Bid Number: RFP 062320 Vendor Namge 9 e D PP nQ391 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 procedure, and overall structure. You may upload representative samples of your warranty materials (if applicable) in the document upload section of your response in addition to responding to the questions below. Line Item Question Response* 42 Do your warranties cover all products, parts, and labor? Yes. Caterpillar has the most extensive warranty coverage in the industry. We cover all products, parts, and labor with fewer exclusions than our competitors. Please see Attachment D for details. 43 Do your warranties impose usage restrictions or other We do not impose usage restrictions. We are pleased to limitations that adversely affect coverage? say that our warranties cover defects in material and workmanship for the time specified in the policy when the equipment is used as per design intent. 44 Do your warranties cover the expense of technicians' travel The Caterpillar warranties cover the cost of replacement time and mileage to perform warranty repairs? parts and the labor to install them, they do not cover travel time and mileage. Dealer territories vary considerably from state to state as do their policies about travel time and mileage during the warranty period. 45 Are there any geographic regions of the United States (and We have no restrictions on warranty repairs. One of our key Canada, if applicable) for which you cannot provide a differentiating strengths is our ability to service equipment certified technician to perform warranty repairs? How will regardless of where is it located. Sourcewell participating entities in these regions be provided service for warranty repair? 46 Will you cover warranty service for items made by other Warranty service for machines ordered from a Caterpillar manufacturers that are part of your proposal, or are these facility are generally provided by Caterpillar and performed warranties issues typically passed on to the original by Cat dealers. Some items, such as tires, are covered equipment manufacturer? under their manufacturers' warranties. 47 What are your proposed exchange and return programs and We warrant that upon delivery our products will be free from policies? defects in material and workmanship and will operate as intended. If they are not, we will make any necessary corrections. 48 Describe any service contract options for the items included We have a large variety of service contract options which in your proposal. can all be customized according to customer needs. Below are just two examples. More solutions are available, and we encourage members and dealers to explore all options. 1) Equipment Protection Plans (Extended Service Coverage/Cat Insurance): After the initial warranty period ends, members may choose to purchase additional protection plans to reduce their exposure to unplanned costs. These policies are written based on months and hours of operation. There are four standard levels of coverage: a) Powertrain b) Powertrain + Hydraulics c) Powertrain + Hydraulics + Technology d) Premier A description of all these options is included in the attached Equipment Protection Plans document. Important note: The purchase price for these Extended Service Coverage plans is lower for governmental agencies than it is for private buyers. 2) Customer Value Agreements (CVAs): A member may choose to enter into an agreement with their Cat dealer to perform routine maintenance and/or repairs. These contracts are customizable based on member needs. The selling Cat dealer can take responsibility for some or all the required service and maintenance needs to allow the agency to gain efficiency by focusing on the performance demands more than maintenance. CVAs are a useful tool to manage expenses. Most CVAs are bundled at the time of purchase; however, they may be added at any time. Bid Number: RFP 062320 Vendor Namge 9 e, 0P nQ392 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 Table 10: Payment Terms and Financing Options Line Item Question Response* 49 What are your payment terms (e.g., net 10, net 30)? CAT dealers are independently owned businesses. As such, their payment terms vary, but all will be stated on individual rental agreements and invoices. 50 Do you provide leasing or financing options, especially those Yes. Participating CAT dealers offer both leasing and options that schools and governmental entities may need to financing options to governmental members of Sourcewell, at use in order to make certain acquisitions? rates lower than available to the general public. 51 Briefly describe your proposed order process. Include Our simple order process has been and will continue to be enough detail to support your ability to report quarterly sales well appreciated by Sourcewell and Sourcewell members: to Sourcewell as described in the Contract template. For 1) When a Sourcewell participating entity decides to rent example, indicate whether your dealer network is included in from a participating Cat dealer, they simply include their your response and whether each dealer (or some other Sourcewell member number and Sourcewell contract number entity) will process the Sourcewell participating entities' on the Rental Delivery Order they issue to the participating purchase orders. Cat dealer. 2) Upon acceptance of the rental order the participating CAT dealer issues the rental agreement to the Sourcewell participating entity, and at the entity's direction, either makes ready for pick-up or delivers the equipment. 3) Commensurate with the entity's credit standing, the participating CAT dealer will invoice the entity at the conclusion of the contracted rental term or upon return of the equipment; whichever occurs first. 4) If the rental is for an extended period of time, e.g. more than one month, the participating Cat dealer in consultation with the Sourcewell participating entity; may invoice the Sourcewell participating entity at a periodic interval, e.g. at the conclusion of each week or month. 5) Upon payment receipt from the Sourcewell participating entity, the participating CAT dealer will, on a monthly basis, submit a report to Caterpillar of equipment rental transactions to participating Sourcewell members renting equipment using the Sourcewell-CAT rental contract. Such reports will include the member number provided to the dealer by the participating Sourcewell entity. 6) On a monthly basis, Caterpillar will aggregate these reports . On a quarterly basis, Caterpillar will submit a consolidated report along with payment of the Sourcewell administration fee. Important Note: Should a member wish to include additional terms and conditions to this contract, or to otherwise request a Participating Addendum, that agreement/PA should be executed between the member and the Cat dealer directly. 52 Do you accept the P -card procurement and payment Because Cat dealers will be receiving payments directly process? If so, is there any additional cost to Sourcewell from members, accepting P -card procurement will be at their participating entities for using this process? discretion. Many dealers do accept this method without additional fees. Some have limitations on the amount that can be processed. Table 11: Pricing and Delivery Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract as desribed in the RFP, the template Contract, and the Sourcewell Price and Product Change Request Form. Line Question I Response* Item Bid Number: RFP 062320 Vendor NamgeWill 393 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 53 Describe your pricing model (e.g., line -item discounts or Our pricing model is simple. Participating CAT dealers will product -category discounts). Provide detailed pricing data offer participating Sourcewell members, national not -to - including standard or list pricing and the Sourcewell exceed rental rates. discounted price) on all of the items that you want Sourcewell to consider as part of your RFP response. If Please refer to Attachment "2020 CAT RENTAL RATES - applicable, provide a SKU for each item in your proposal. SOURCEWELL" which includes rates for the U.S. (pages 1 - Upload your pricing materials (if applicable) in the document 4) and Canada (pages 5-7) for nationwide daily, weekly, and upload section of your response. monthly rental rates for a wide variety of CAT branded equipment, as well as a selection of popular equipment from other OEMs represented by CAT dealers. These Sourcewell not -to -exceed nationwide rental rates represent the maximum rate that a Participating Dealer may charge Sourcewell participating entities. Local rental rate market conditions vary greatly. Consequently, dealers may be able to offer additional discounts in their local markets. 54 Quantify the pricing discount represented by the pricing Because rental rates vary considerably across the U.S> and proposal in this response. For example, if the pricing in your Canada, the discounts applied in the attached "Cat 2020 response represents a percentage discount from MSRP or Rental Rates-Sourcewell" rate schedule are net rates that list, state the percentage or percentage range. include an average of 10% off already applied. Caterpillar strongly encourages Sourcewell members to ALWAYS contact their local participating CAT dealer and request rental rate quotes specific to the Sourcewell members equipment needs and the dealer's local market. Additionally, we are pleased to offer a discount of 15% off all products and consulting services under the Cat Safety Services Umbrella; and 5% off our Technology Enabled Safety Solutions. Please refer to the attached documents and visit www. safety. cat. com and www.safelyhome.cat.com for details on these services. 55 Describe any quantity or volume discounts or rebate Participating CAT dealers are empowered to consider rental programs that you offer. order volume, repeat rentals, member responsiveness, etc. They may offer participating Sourcewell members additional discounts and/or services at their discretion. 56 Propose a method of facilitating "sourced" products or Sourced goods / Open Market Items are available to related services, which may be referred to as "open market" members from our Cat dealers. The prices for these goods items or "nonstandard options". For example, you may or services will represent fair market value and will be supply such items "at cost" or "at cost plus a percentage," determined between the member and the selling dealer. We or you may supply a quote for each such request. encourage Cat dealers and members to use this option as it facilitates complimentary products and streamlines the procurement process. Participating Sourcewell members and participating CAT dealers are responsible for including the Sourcewell membership number on all documentation related to these purchases. Caterpillar Inc. is not a party to these sales or rentals and is exempted from including them in the quarterly reports. For audits, inclusion of a customer's Sourcewell member number on the PO and/or invoice shall be deemed sufficient. 57 Identify any element of the total cost of acquisition that is Machines are unique in their requirements for preparation NOT included in the pricing submitted with your response. prior to use. Some may require local final assembly due to This includes all additional charges associated with a their large size, others may have locally installed options (fire purchase that are not directly identified as freight or suppression, beacons, auto lube systems for example). When shipping charges. For example, list costs for items like pre- a dealer issues a quote for a machine, any additional costs delivery inspection, installation, set up, mandatory training, or will be itemized separately and are not subject to the initial inspection. Identify any parties that impose such costs Sourcewell discount. and their relationship to the Proposer. 58 If freight, delivery, or shipping is an additional cost to the There is no delivery fee to Sourcewell members who choose Sourcewell participating entity, describe in detail the to pick-up equipment from their local participating CAT complete freight, shipping, and delivery program. dealer. If delivery is requested, participating dealers may charge for haulage and permits that may be required. 59 Specifically describe freight, shipping, and delivery terms or Just as for members in the 48 contiguous states, there is programs available for Alaska, Hawaii, Canada, or any no additional cost to members who choose to pick up their offshore delivery. machine from their local participating Cat dealer. Dealers may charge fees for delivery to the member's location. Bid Number: RFP 062320 Vendor Namge 1 1NnQ394 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 60 Describe any unique distribution and/or delivery methods or Equipment offered for rent can vary considerably in size and 61 options offered in your proposal. weight. If there are unique member requirements participating you plan to employ to verify compliance with your proposed CAT dealers will be happy to discuss these on a case by Contract with Sourcewell. This process includes ensuring that case basis. Table 12: Pricing Offered Line Item The Pricing Offered in this Proposal is: Comments 61 d. other than what the Proposer typically offers (please describe). This proposal offers participating Sourcewell members the you plan to employ to verify compliance with your proposed ability to receive consistent and guaranteed "not -to -exceed" Contract with Sourcewell. This process includes ensuring that rental rates valid nationwide in the U.S. and Canada, for the Sourcewell participating entities obtain the proper pricing, term of this contact. Whereas previously, members would be that the Vendor reports all sales under the Contract each subject to variable local dealer pricing based upon quarter, and that the Vendor remits the proper administrative equipment availability and market conditions at the time of fee to Sourcewell. the rental transaction. Table 13: Audit and Administrative Fee Line Item Question Response* 62 Specifically describe any self -audit process or program that We plan to continue our very robust process to ensure you plan to employ to verify compliance with your proposed reporting speed, accuracy, and contract compliance. Contract with Sourcewell. This process includes ensuring that Sourcewell participating entities obtain the proper pricing, Caterpillar and our Cat dealers have very close and trusting that the Vendor reports all sales under the Contract each relationships. Our dealers are long-established, and the quarter, and that the Vendor remits the proper administrative current process (under contract #032119 -CAT) is working fee to Sourcewell. well. After month end, we will gather rental transaction data attributed to participating Sourcewell members who rent equipment via the Sourcewell-CAT equipment rental contract number: (TBD) and aggregate it for our reporting. After quarter end, Caterpillar Inc. will send the quarterly rental transaction report and administration fee payment to Sourcewell for all items that are subject to the administrative fee. 63 Identify a proposed administrative fee that you will pay to Similar to Sourcewell contract #032119 -CAT; Caterpillar Sourcewell for facilitating, managing, and promoting the would be pleased to offer an administration fee of 0.50% of Sourcewell Contract in the event that you are awarded a rental revenue only earned by participating CAT dealers from Contract. This fee is typically calculated as a percentage of the rental of equipment to participating Sourcewell members Vendor's sales under the Contract or as a per-unit fee; it is through the Sourcewell-CAT equipment rental contract not a line -item addition to the Member's cost of goods. number: (TBD). Other charges, including transportation, See the RFP and template Contract for additional details.) environmental fees, re -fueling, repairs and damages, cleaning charges and taxes will not be included in the administrative fee. Caterpillar will pay this fee and will not ask Sourcewell members to pay this fee. Participating CAT dealers will be required to provide Caterpillar a summary of transactions in order to provide Caterpillar and Sourcewell the necessary details to perform upon the administrative fee payment. Bid Number: RFP 062320 Vendor NamgeM9 1NnQ395 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 Table 14A: Depth and Breadth of Offered Equipment Products and Services Line Item Question Response* 64 Provide a detailed description of the equipment, products, Caterpillar is offering the rental equipment product lines as and services that you are offering in your proposal. listed in the attached "CAT 2020 Rental Rates-Sourcewell" Construction Equipment (describe heavy, a. Yes rate schedule. This includes over 130 items of Cat branded medium or light in Comment field) equipment as well as popular equipment from other OEM dealer for selection and current brands represented by participating CAT dealers. availability. Participating CAT dealers also offer hundreds of work -tool Construction Tools w: Yes attachments including augers, blades, brooms, buckets, forks, hydraulic hammers, and many more. dealer for selection and current In addition to rental machines and work tools, we are happy availability. to offer members access to used machines, parts, service, Electrical Tools a. Yes extended service coverage plans, CVAs, products from Cat Safety Services, sourced goods, and open market items. 65 Within this RFP category there may be subcategories of The construction and related equipment offerings include, but solutions. List subcategory titles that best describe your are not limited to: compressors, articulated trucks, articulated Heating, Ventilation and Air products and services. booms, backhoe loaders, cranes, crawler & wheel loaders, Conditioning (HVAC) Equipment track dozers & loaders, rollers, dump trucks, tracked & dealer for selection and current wheeled excavators, forklifts, generators, HVAC equipment, availability. compaction equipment including rollers, light utility vehicles, Material Handling Equipment a. Yes lighting equipment, motor graders, scissor lifts, skid steer and track loaders, sweepers and brooms, telehandlers, dealer for selection and current telescopic booms, trenching equipment, water trucks, and availability. welders. Table 14B: Depth and Breadth of Offered Equipment Products and Services Indicate below if the listed types of equipment, products, and services are offered within your proposal. Provide additional comments in the text box provided to further clarify your offering, as necessary. Line Category or Type Offered Comments Item 66 Construction Equipment (describe heavy, a. Yes Visit local participating CAT rental medium or light in Comment field) No dealer for selection and current availability. 67 Construction Tools w: Yes Visit local participating CAT rental r No dealer for selection and current availability. 68 Electrical Tools a. Yes Visit local participating CAT rental No dealer for selection and current availability. 69 Heating, Ventilation and Air w: Yes Visit local participating CAT rental Conditioning (HVAC) Equipment r No dealer for selection and current availability. 70 Material Handling Equipment a. Yes Visit local participating CAT rental No dealer for selection and current availability. 71 Pumps t: Yes Visit local participating CAT rental r No dealer for selection and current availability. 72 Concrete and Masonry Equipment and a. Yes Visit local participating CAT rental Tools No dealer for selection and current availability. 73 Public Works and Utility Equipment t: Yes Visit local participating CAT rental r No dealer for selection and current availability. 74 Trucks and Trailers a. Yes Visit local participating CAT rental a` No dealer for selection and current availability. Bid Number: RFP 062320 Vendor Namge 1 0P nQ396 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 75 Waste and Debris Handling Equipment r. Yes Visit local participating CAT rental If you are awarded a contract, provide a few examples of Caterpillar, Inc. collects rental transaction data from CAT No dealer for selection and current dealers, industry trade associations, as well as 3rd party are having success with the contract. availability. 76 Generators a: Yes Visit local participating CAT rental members under this contract within each participating CAT r No dealer for selection and current dealer's service territory. availability. 77 Tree, Lawn, and Landscape Equipment r. Yes Equipment in these categories include, No skid steer loaders, compact track loaders, compact articulated wheel loaders, mini -hydraulic excavators, etc. Visit local participating CAT rental dealer for selection and current availability. 78 Snow and Ice Removal Equipment a. Yes This includes work -tools such as snow No plows and snowblowers. Visit local participating CAT rental dealer for selection and current availability. 79 Facility Maintenance and Cleaning r. Yes This includes work -tools including rotary Equipment r~ No brooms, utility brooms, pickup brooms. Visit local participating CAT rental dealer for selection and current availability. 80 Safety Equipment a: Yes Visit local participating CAT rental r No dealer for selection and current availability. 81 Temporary Shelters and Seating r Yes n/a r. No 82 Audio Visual Equipment and Public a` Yes n/a Address Systems a: No 83 Portable Sign Boards, Portable Traffic r Yes n/a Signals, Road Barricades and Signs r. No 84 Environmental conditions or Emissions a` Yes n/a Monitoring Equipment, Calibration and a: No Testing Equipment, and Imaging Equipment 85 Delivery, Installation or Setup, Removal, r: Yes Visit local participating CAT rental Repair, Maintenance, Equipment r No dealer for selection and current Training Programs, Safety Training availability. Programs 86 Used Rental Equipment Sales a. Yes Visit local participating CAT rental a` No dealer for selection and current availability. Table 15: Industry Specific Questions Line Item Question Response* 87 If you are awarded a contract, provide a few examples of Caterpillar, Inc. collects rental transaction data from CAT internal metrics that will be tracked to measure whether you dealers, industry trade associations, as well as 3rd party are having success with the contract. data analytics providers. We will closely monitor the total volume / value of rental business transacted with Sourcewell members under this contract within each participating CAT dealer's service territory. Bid Number: RFP 062320 Vendor Namge I p0NnQ397 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 88 Identify any additional costs not included in the rental 1. Freight / delivery fees- There is no delivery fee to equipment cost, such as delivery fees, loading and unloading Sourcewell members who choose to pick-up equipment from fees, equipment fuel surcharges, environmental fees or their local participating CAT dealer. If delivery is requested, permits. participating CAT dealers may charge for haulage and permits that may be required. 2. Environmental fees: The local participating CAT dealer may charge an environmental fee not to exceed 1.5% of the rental rate. 3. Fuel Surcharges: As part of the pre -rental inspection process, equipment will generally be fully fueled unless prohibited by local ordinance. If equipment is returned with less fuel than when it was delivered, then the participating CAT dealer may charge the Sourcewell member for top -up fuel. Fuel charges are posted at the dealer shop and will be communicated when equipment is rented. 4. Cleaning and damages: The participating CAT dealer may charge for cleaning equipment that is not returned clean and for damages caused by the Sourcewell member. 5. Over hours or excess usage charges: If Participating Entity makes a greater use of the Rental Equipment, Participating Entity shall pay Participating Dealer additional rental charges for the excess use of the Rental Equipment as follows: for every hour of overtime the charge is equal to the applicable rate of the Rental Equipment Rental Price divided by the applicable maximum hours. Customer shall advise Participating Dealer when equipment is used more than a single shift. 89 Describe your rent -to -buy option program for new rental CAT dealers are independently owned and the rent -to -buy equipment, if applicable. options each offers will vary due to a number of factors including local market conditions. Sourcewell members interested in rent -to -buy options are encouraged to contact their local participating CAT dealer for locally available solutions. 90 Describe your used rental equipment sales program, if CAT Certified Used equipment is selected, inspected and applicable. serviced to a higher standard while still providing an economical purchase alternative. CAT dealers and CAT Finance have a massive inventory of used equipment for sale, from construction equipment and power systems to work tool attachments and allied products and more. Whether a Sourcewell member is looking for good used equipment, work -tools or an upgrade for an existing piece of equipment in their fleet; chances are, their local participating CAT dealer will have the equipment they need. CAT dealers currently have over 28,000 pieces of used equipment, generators, engines, and parts available for sale. Sourcewell members may purchase used equipment from the inventory of any CAT dealer in the U.S. and Canada at locally competitive prices. Please visit the CAT used equipment website for further details: hftps://catused.cat.com 91 Describe any training programs related to this proposal, Caterpillar and participating CAT dealers offer a such as OSHA training, safety training, or other related comprehensive range of equipment operation and safety certifications. training. OPERATOR TRAINING: Caterpillar Equipment Training Solutions (ETS) provides customers with training and support needed to improve the skill of their operators. The success of your construction or maintenance projects depends on the ability of your operators. Good equipment operators move the maximum amount of material in the minimum amount of time. They operate machines safely, and they know how to cut down on Bid Number: RFP 062320 Vendor Namgek iiNnQ398 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 Bid Number: RFP 062320 unnecessary wear and tear. Learn how to elevate your operators to higher levels of proficiency and get the full potential out of your investment with Caterpillar's suite of operator training solutions. Please visit our operator training website for further details: haps://www. cat. com/en—US/su pportloperati ons/operator- training1.html SAFETY SERVICES CONSULTATION & TRAINING: Safety is a core Caterpillar value and integral to everything we do — from equipment design to operator training to service delivery. Work together with Caterpillar to improve safety and productivity using proven methodologies to drive sustainable safety culture excellence. Safety Technology: Reduce risk in, on and around heavy equipment in challenging site conditions. Caterpillar provides solutions to keep workers away from hazardous conditions while improving awareness and visibility, especially when equipment and people are working in close proximity. The safety of equipment operators and site support staff begins with safe and well-maintained equipment. Caterpillar provides equipment walk -around tools, technology and processes to ensure that equipment is regularly serviced, inspected and repaired, reducing the risk of injuries, incidents and property or equipment damage. Grade and compaction control systems reduce the need for surveyors in the path of heavy equipment while building haul roads. These features also provide the ability to map equipment avoidance zones for unsafe slopes, high - walls, underground crushers and other hazards. Object detection and visibility systems enhance operator awareness of the immediate environment around manned or remotely controlled equipment, whether it is a mobile machine or fixed equipment such as an underground longwall system. Operator fatigue and distraction results from a combination of long working hours, repetitive duties, demanding production schedules, solitary work environments and challenging jobsite environments. It reduces worker productivity, but more importantly increases the risk of accidents, injuries and their associated financial fallout. Caterpillar provides in -cab technology to detect operator fatigue and distraction and deliver real-time alerts to the driver and dispatcher. Our fatigue risk management services include shift -worker training to manage fatigue, supervisor training for fatigue identification and intervention, shift scheduling and roster analysis, and support for fatigue analytics/human error analysis. Behavioral Operator Education: Improve site productivity and operator safety. Safe operation of a mobile machine starts with understanding the capabilities and limitations of the machine and the skills and competencies of the operator. Operator training delivered by Caterpillar Certified Operator Trainers is customized for the unique skills and competencies of your operators as well as the specific machines in your fleet. Building on the basics of walk around inspections and standard operations, our program targets specific improvements identified at your site through equipment data analysis and site observations, enabling operators to maximize the safe operation of the machine. Accident and abuse analysis provides critical insight into how the machine is being operated. With an understanding of your site, the design and operating characteristics of the machine and data analysis we can identify operator techniques that adversely affect safe operation. Working together with the site management we Vendor Namge99T P 7 nQ399 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 Bid Number: RFP 062320 develop a monitoring, communication and training program that modifies operator behavior. Safety Culture Development: Build a sustainable culture of safety excellence. A culture of safety excellence is built by continuously improving processes, management systems and the underlying culture. Whether you're at the beginning of your safety journey or preparing to move to the next level, a cultural assessment will help you determine where to focus your continuous improvement efforts. The Safety Perception Survey from Caterpillar Safety Services reveals employee attitudes and beliefs to help you make fact -based, data -driven decisions. The successful development of a safety culture starts with the leadership of an organization and extends through all levels and functional areas to the front-line operators and site support staff. Caterpillar safety training programs and workshops, apply proven business principles to improve communication, elevate safety awareness, reduce complacency, and adopt action plans that eliminate risk. Our safety culture products help you elevate safety as a core business value. o S.T.A.R.T.TM Safety performance is dependent upon leadership actions that demonstrate a relentless commitment to a culture of zero. Supervisor Training in Accountability and Recognition Techniques (S.T.A.R.T.TM) elevates safety performance by demystifying safety management, providing managers and supervisors with the skills to impact safety perceptions and behaviors throughout your organization. o Speak Up!/Listen Up! Effective communication is a cornerstone in building a strong, sustainable culture of safety excellence, but talking about safety doesn't always come naturally on the job site. Speak Up!/Listen Up! gives employees simple tools and a practical process for delivering and receiving safety-related feedback effectively. o Recognize It! Focus on the positive and eliminate blame to further a culture of safety excellence. Recognize It! training provides the tools to help supervisors more effectively acknowledge what workers do right. The key take- away? As soon as a supervisor observes someone working safely, he or she needs to call it out in a timely, sincere and specific way. Our rapid improvement workshops engage front-line employees in developing systems that integrate safety activities into everyday processes. Use data from equipment, site conditions and operators to identify and mitigate risks. Establish the baseline, use root -cause analysis and leverage accountability and recognition to develop a sustainable solution. PUT OUR CAPABILITIES TO WORK IN YOUR BUSINESS Caterpillar Safety capabilities can be provided as individual services, but are most valuable when delivered as part of a comprehensive plan to optimize site performance. For more information about optimizing your financial resources, contact an expert at info@collaboratewithcat.com or visit Col I aborateWithCat. com. Please refer to attached "CAT Safety Services Agreement National Accounts template.pdf' for description of services offering and applicable discounts that will be extended to Sourcewell participating entities. Vendor Namge 4p044400 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 92 Describe maintenance responsibility (e.g., vendor or end Participating Dealer must, at its expense, perform all normal user) related to long-term rentals. periodic maintenance on the Rental Equipment. Normal periodic maintenance is included in the Rental Price, when Rental Equipment is operated by Customer within fifty miles of Participating Dealer's service facility. Participating Dealer will determine the periodic maintenance charges for Rental Equipment operated in excess of fifty miles from a Participating Dealer service facility. Customer must, at its expense, maintain the Rental Equipment in proper condition by performing adjustments and lubrication, set forth in the Operation and Maintenance Manual ("OMM"), including, without limitation: (a) on a daily basis checking and maintaining all hydraulic, transmission, cooling and fluid systems, tire pressure, and all battery fluid and charge levels; (b) on a daily basis checking teeth, cutting edges and tire conditions; (c) repairing and replacing damaged tires as needed; and (d) using the Rental Equipment in the manner prescribed by the applicable manufacturer. Except for the adjustments, lubrication, inspections and repairs described above, Customer shall not permit anyone to service, repair or alter the Rental Equipment without Participating Dealer's prior approval. If the Rental Equipment fails to operate properly or requires repair, Customer must immediately stop using the Rental Equipment and notify Participating Dealer of the mechanical condition or damage. As it pertains to any equipment on the attached "CAT 2020 RENTAL RATES-SOURCEWELL" rate schedule, where the rental rates are designated as "CALL'; scheduled maintenance charges are not included. In such case, the Customer and the dealer will price those separately. 93 Describe procedures for repair or replacement of rental Once the Sourcewell member takes delivery of the rental equipment that becomes inoperable during the rental period. equipment, the local participating CAT dealer will be there to provide ongoing support. Members can reach their local participating CAT dealer by phone whenever they have questions or need technical support. Around-the-clock repair service is available to handle unexpected mechanical issues quickly and reduce unproductive downtime. Upon notification of equipment malfunction, local participating CAT dealer service personnel will attempt to initiate remote diagnostic troubleshooting procedures via CAT Product Link telematics technology (applicable to CAT brand equipment only) to determine the nature of the failure and if it can be resolved via a remote over -the -air software update to the equipment's onboard electronic control modules. If the problem cannot be resolved via remote diagnostics, then the local participating CAT dealer will promptly dispatch a field service technician to the customer's jobsite to attempt repair, typically within 2-4 hours. If the equipment cannot be repaired on site, the participating CAT dealer will promptly deliver a replacement unit typically, same day or next day dependent upon when the determination is made that the rented equipment cannot be repaired on site. 94 Explain the procedures and timelines for providing equipment CAT dealers have over $13 billion in rental fleet assets in to a vendor or dealer location that does not have a piece the U.S. and Canada. Furthermore, CAT dealers maintain of equipment in inventory. strong cooperative working relations with their neighboring CAT dealers. In the unlikely event that the member's local participating CAT dealer does not have the requested equipment type / size currently available in their yard; the dealer has the capability to leverage their neighboring dealers' fleet. However, due to variability in availability and market conditions, this may result in a locally negotiated rental rate that may be different than the Sourcewell rental rate. In such case, the rate would be negotiated between the member and the local participating CAT dealer before awarding a rental order. Bid Number: RFP 062320 Vendor Nam .J 0P 4401 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 95 Describe the extent to which your proposal includes a For Sourcewell members who would like assistance from customer owned equipment repair program. If applicable, their local participating CAT dealer with maintenance and describe the types of repair procedures, including repair of the members' owned equipment fleet, they can transportation, on-site repair, labor and parts costs, or schedule the work themselves as needed, or the warranty offering. participating local CAT dealer have available, a variety of CVAs (Customer Value Agreements). These are completely customizable, but they offer starting points for several levels with corresponding price points which vary by product. Members should contact their local participating CAT dealer for alternative options such as: Customer performed preventative maintenance - the local participating Cat dealer will provide the necessary parts per the maintenance schedule; the member will do the work. The local participating Dealer performs preventative maintenance -the dealer will handle basic preventative maintenance for any machine or group of machines to help keep scheduled downtime to a minimum. Component maintenance and repair agreement - the participating local CAT dealer will take care of maintaining and servicing systems such as engines, transmissions, etc. to extend service resources and equipment life. Total maintenance and repair agreement -the participating local Cat dealer covers service and maintenance for any one piece of equipment or the entire fleet. This agreement can include guaranteed availability and uptime. Exceptions to Terms, Conditions, or Specifications Form Oirolly those Proposer Exa.ulptiioins to t"uirir yis, t;;oiruu ffiioir s, or a: pucffiia.a tiioins that have Ibeein accepted by Sou.uircewollll (haveIbeeiru irucoirlr:oiratod Tinto the contract text. Documents Ensure your submission clocument(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 OT 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 --Financial Strength and Stability.zip -Tuesday June 23, 2020 14:38:10 Marketin i Plan/Sam les - Marketing Plan- Samples.zip - Tuesday June 23, 2020 14:40:13 WMBE/MBE/SBE or Related Certificates (optional) Warrant Informakion-AttachmentD-Warranty Statements. pdf-Tuesday June O9,2O2OO9:46:O5 IPricin - CAT 2020 RE TAL RATES-SOURCEWELL.pdf -Tuesday June 23, 2020 12:47:26 Additional Document - Additional Documents.zip - Tuesday June 23, 2020 15:34:38 Bid Number: RFP 062320 Vendor NamgeA Yli T402 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 Proposer's Affidavit PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE I certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the Proposer to this Affidavit and Assurance of Compliance: The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in good standing in the jurisdiction of its residence. 2. The Proposer warrants that the information provided in this Proposal is true, correct, and reliable for purposes of evaluation for contract award. 3. The Proposer, including any person assisting with the creation of this Proposal, has arrived at this Proposal independently and the Proposal has been created without colluding with any other person, company, or parties that have or will submit a proposal under this solicitation; and the Proposal has in all respects been created fairly without any fraud or dishonesty. The Proposer has not directly or indirectly entered into any agreement or arrangement with any person or business in an effort to influence any part of this solicitation or operations of a resulting contract; and the Proposer has not taken any action in restraint of free trade or competitiveness in connection with this solicitation. Additionally, if Proposer has worked with a consultant on the Proposal, the consultant (an individual or a company) has not assisted any other entity that has submitted or will submit a proposal for this solicitation. 4. To the best of its knowledge and belief, and except as otherwise disclosed in the Proposal, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest. An organizational conflict of interest exists when a vendor has an unfair competitive advantage or the vendor's objectivity in performing the contract is, or might be, impaired. 5. The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an employee or legally authorized agent of the Proposer and will not be communicated to any such persons prior to Due Date of this solicitation. 6. If awarded a contract, the Proposer will provide to Sourcewell Participating Entities the equipment, products, and services in accordance with the terms, conditions, and scope of a resulting contract. 7. The Proposer possesses, or will possess before delivering any equipment, products, or services, all applicable licenses or certifications necessary to deliver such equipment, products, or services under any resulting contract. 8. The Proposer agrees to deliver equipment, products, and services through valid contracts, purchase orders, or means that are acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first - quality products and related services to Sourcewell Members under an awarded Contract. 9. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders. 10. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either substantially or in their entirety. Under Minnesota Statutes Section 13.591, subdivision 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals become public data. Minnesota Statutes Section 13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under Minnesota's Data Practices Act. 11. Proposer its employees, agents, and subcontractors are not: a. Included on the "Specially Designated Nationals and Blocked Persons" list maintained by the Office of Foreign Bid Number: RFP 062320 Vendor NamgeIte- 0P nQ403 DocuSign Envelope ID: 8787F7A8-4D7B-4730-9888-F99EBC914D09 Assets Control of the United States Department of the Treasury found at: Lhftps//wJreas;QII/fit / rnainll / inllii t1 ; b. Included on the government -wide exclusions lists in the United States System for Award Management found at: Lhftps // w.sann.g.g /phi all/ ; or c. 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 solicitation. r By checking this box I acknowledge that I am bound by the terms of the Proposer's Affidavit, have the legal authority to submit this Proposal on behalf of the Proposer, and that this electronic acknowledgment has the same legal effect, validity, and enforceability as if I had hand signed the Proposal. This signature will not be denied such legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation. - Christopher Gustafson, Global Accounts & Allied Product Manager, Caterpillar Inc. The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid. r Yes r No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document. Check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda. Bid Number: RFP 062320 Vendor Namge t5 0P nQ II have ureviliiewed the File Name L&Iowa addeumduuu aumd pages attacllh i meints (lilt all 11 lllIiicalbL Ie) Addendum _8_ Equipment_ Rental—RFP-062320 P 1 Mon June 15 2020 09:00 AM Addend um_7_Equipment_Rental_RFP_062320 1 Tue June 9 2020 03:02 PM Addendum _6_ Equipment_ Rental—RFP-062320 1 Mon June 8 2020 03:27 PM Addend um_5_Equipment_Rental_RFP_062320 1 Wed June 3 2020 04:28 PM Addend um_4_Equipment_Rental_RFP_062320 1 Wed June 3 2020 07:49 AM Addendum _3_ Equipment_ Rental—RFP-062320 P; 1 Mon June 1 2020 09:20 AM Addend um_2_Equipment_Rental_RFP_062320 1 Tue May 12 2020 04:30 PM Addend um_1_Equipment_Rental_RFP_062320 1 Tue May 5 2020 02:24 PM Bid Number: RFP 062320 Vendor Namge t5 0P nQ404 DocuSign Envelope ID: 0535E114-D8AB-468D-AA36-0BB43F3CD2D4 ENDME T 1 T CONTRAcr #062320 CAT TFHS AMENDMENT is effective UlP C'Irl dhe dale of dhe Ilan signatUire b6low and is Iby an between SOURCEWELL and CA rEFIFIR.1AR MC. (Vendoir). FBE:RES, SC'Uircewehl and Cateirplil111ar entered into a Contract (#062329..CAT) 1having an effective dale of September 1.7, 2020, ("Contract"); FBE:RE: S, IPmUrsmjam1t to Section 1.0. A. Assignment SII"1CrCIim1, Cateirplil111ar Irm ay sUbern rac ceirtain obIhgations to its dealleirs, inckiding in some as s dall rs in Canada; FBE:RES, dhe pairtIi s desire to aimend Section 20. I1risUram1 of dhe Contract to aCCOUIri for dhe different Ii1risUram1 IprodUc s avaHaUle in Canada wII"1Cm1 a SUbcontiract is iSSUed to a dealleir located in dhat COUntiry; an NOW TF N E R E: F R E:, in consideration of dhe MLAm4I Ipromises imade h r Ii m1 and intending to Ib legahly bOUnd h r by, SC'Uircewehl and CateirpHlHlair agree as f6lHlo so Section 20. I1risUram1 o ReqUireiments of dhe Contract is aimended to add dhe fohlowing after dhe Ilan Ipara rap[1 Of SUbs tIion o Dealers. - In dhe eventVendor sUbern rac s its oblhgations II"1CrCU. rider to a Decal r in Canada Pmmrsmjam1t to Section 1.0. A. ("Canadian DeaII r" , at its own expense dhe Canadian Decal r MUSt maintain Ii1risUram1 IpoIh y(Ii s) lin effect at aIIII flimes dUiring dhe IS Irfl"orim an of SII"l lis Contract Iid'1 coverage and I IiIrm itS Of Ii1risUram1 not Mess Chan dhe f6lHlo ling: 1.oWorkers" Cornpensation. Canadian Decal r s[nallll at aII11 flimes coimplly Iid'1 dh apphcaUle r gUir Irm ens of dhe Workers' Compensation Act of Xbeirta as aimended or SUbstitUted frclim flime to flims (or eqUiva lent statU ory reqUireiment widhin SII"1 jmmrlisdiction w[ieire dhe Services s1[4111 Ibe perforlm) an s1[4111, Upon demand Iby SC'Uircew6H, dlhveir, to SC'Uircewehl a certificate from dhe Workers' Compensation Board or odh r eqUivallent entity) s[iowing Chat dhe Canadian Decal r is registered and in good standing wIid'1 dhe Workers' Compensation Board or o 111 r eqUivallententity). 20 Cornmercial General I iability Insurance. Canadian Decal r wHH1 Imaintain Ii1risUram1 covering its operations, wIId"1 coverage on an OCCUirrence basiso At a Irm"YIIm11ilMUIrm"Y, coverage MUSt Ii1r1 11mm IIIiabIilh y airising from dhird pairty bodHy IinjUry, (prop ray daimage, contiraCU41 1 Ii a b Ii 11 Ii t y and Irl o n owned aUtoimcbHe I Ii a b Ii II Ii t y o Ahl reqUired 11 Ii Irma Ii t s, trlm s and o Irl Ii t Ii o In s of coverage Irm US Ibe maintained dUiring dhe perforlrm an of dhIis Contract. SOLAraMeweH Contract 062.520 -CAT Amendment 1. Page 1. of 2 Ctiat Axil ar m_,rrnNirlentJtiFd Green Page 369 of 744405 DocuSign Envelope ID: 0535E1 14-D8AB-468D-AA36-OBB43F3CD2D4 Milr1ilMUim Limits: CDN 3,000,000 Eadh OCCUirrence (indIUSive of Ibodly ilrljUiry and/or Ipiropeirty aimage) CDN 5,000,000 Aggregate for ProdUCtS & Coimplleted Operations CDN 5,000,000 Geneir4l Aggregate 1 Autornobile I iability Insurance. DUiring dh Iperfoirirmance of dhis Contract, Canadian Decal it wHH1 imaiintain i1rISUirance covering any and ahl imotor vdhidles owned, operated or licensed Iby Canadian DeaIleir and Used in dh Iperfoirirmance of dhis Contract. Milr1ilMUim Limits: CDN 3,000,000 Iper OCCUirrence FaikJire of Canadian DeaIleir to imaiintain dh iteqUired i1rISUirance dUiring its Iperfoirirmance Under dhe Contract Ibair, dhe Canadian Decal it firom Iperfoirirmance Under dhis Contract. Except as aimended Iby dhis Aimendiment, dhe Contract iteimairs i1rl fUhl for and effect. fflummmm DocuSigned by, Ly: ............................ E 9D06'489 S"Xvf' I ....................................................... Jeremy Sdhwairtz, Director of Qpeiraflons/cpo Date: 7/13/2022 1 12:31 PM CDT DocuSigned by: Ly .................... ( W (h"kfftl I7E42B8F817A64CC... E............................................................................. Chad CoaLiette, ExeCUtive Director/CEO Date: 7/13/2022 1 12:58 PM CDT Caterpfflar hnc. DocuSigned by: B.. ............................................................... E FB4C6-- Y.... I .................... Brenda Schmidt National Accounts Manager, N.A. Date: 5/26/2022 SOLArceweH Contract #062320 -CAT Aniendnient 1. Page 2 of 2 Caterpillar ConNdentJaGreen Page 370 of 744406 sw'IVBr'6'rYaer IIIIIIIIIIr() x i d l V""," A, RFP #062320 REQUEST FOR PROPOSALS for Equipment Rental with Related Services Proposal Due Date: June 23, 2020, 4:30 p.m., Central Time Sourcewell, a State of Minnesota local government agency and service cooperative, is requesting proposals for Equipment Rental with Related Services to result in a contracting solution for use by its Participating Entities. Sourcewell Participating Entities include thousands of governmental, higher education, K-12 education, nonprofit, tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal [haps Zproportal.sourcewell-mn. ov1. Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than June 23, 2020, at 4:30 p.m. Central Time, and late proposals will not be considered. Solicitation Schedule Public Notice of RFP Published: April 30, 2020 Pre -proposal Conference: June 2, 2020, 10:00 a.m., Central Time Question Submission Deadline: June 16, 2020, 4:30 p.m., Central Time Proposal Due Date: June 23, 2020, 4:30 p.m., Central Time Late responses will not be considered. Opening: June 23, 2020, 6:30 p.m., Central Time ** SEE RFP SUB -SECTION V. G. "OPENING" Rev. 2/2020 Sourcewell RFP #062320 Equipment Rental with Related Services Page 1 Page 371 of 744407 ABOUT SOURCEWELL PARTICIPATING ENTITIES A. SOURCEWELL 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 facilitates a competitive public solicitation and contract award process for the benefit of its 50,000+ participating entities across the United States and Canada. Sourcewell's solicitation process complies with State of Minnesota law and policies, conforms to Canadian trade agreements, and results in cooperative contracting solutions from which Sourcewell's Participating Entities procure equipment, products, and services. Cooperative contracting provides participating entities and vendors increased administrative efficiencies and the power of combined purchasing volume that result in overall cost savings. At times, Sourcewell also partners with other purchasing cooperatives to combine the purchasing volume of their membership into a single solicitation and contract expanding the reach of contracted vendors' potential pool of end users. Sourcewell uses a website -based platform, the Sourcewell Procurement Portal, through which all proposals to this RFP must be submitted. B. USE OF RESULTING CONTRACTS In the United States, Sourcewell's contracts are available for use by: Federal and state government entities; Cities, towns, and counties/parishes; Education service cooperatives; K-12 and higher education entities; Tribal government entities; Some nonprofit entities; and Other public entities. In Canada, Sourcewell's contracts are available for use by: Provincial and territorial government departments, ministries, agencies, boards, councils, committees, commissions, and similar agencies; Regional, local, district, and other forms of municipal government, municipal organizations, school boards, and publicly -funded academic, health, and social service entities referred to as MASH sector (this should be construed to include but not be limited to the Cities of Calgary, Edmonton, Toronto, Calgary, Ottawa, and Winnipeg), as well as any corporation or entity owned or controlled by one or more of the preceding entities; Rev. 2/2020 Sourcewell RFP #062320 Equipment Rental with Related Services Page 2 Page 372 of 744408 Crown corporations, government enterprises, and other entities that are owned or controlled by these entities through ownership interest; Members of the Rural Municipalities of Alberta (RMA) and their represented Associations, Saskatchewan Association of Rural Municipalities (SARM), Saskatchewan Urban Municipalities Association (SUMA), Association of Manitoba Municipalities AMM), Local Authority Services (LAS), Municipalities Newfoundland and Labrador MNL), Nova Scotia Federation of Municipalities (NSFM), and Federation of Prince Edward Island Municipalities (FPEIM). For a listing of current United States and Canadian Participating Entities visit Sourcewell's website (note: there is a tab for each country's listing): https:/lwww.sourcewell- mn.govesourcewel I -for -vendors member -locator. Access to contracted equipment, products, or services by Participating Entities is typically through a purchase order issued directly to the applicable vendor. A Participating Entity may request additional terms or conditions related to a purchase. Use of Sourcewell contracts is voluntary and Participating Entities retain the right to obtain similar equipment, products, or services from other sources. To meet Participating Entities' needs, public notice of this RFP has been broadly published, including notification in the United States to each state -level procurement department for possible re -posting. Proof of publication will be available at the conclusion of the solicitation process. II. EQUIPMENT, PRODUCTS, AND SERVICES A. SOLUTIONS -BASED SOLICITATION This RFP and contract award process is a solutions -based solicitation; meaning that Sourcewell is seeking equipment, products, or services that meet the general requirements of the scope of this RFP and that are commonly desired or are required by law or industry standards. B. REQUESTED EQUIPMENT. PRODUCTS. OR SERVICES It is expected that Proposers will offer a wide array of equipment, products, or services at lower prices and with better value than what they would ordinarily offer to a single government entity, a school district, or a regional cooperative. 1. Sourcewell is seeking proposals for Equipment Rental with Related Services, including, but not to be limited to: Rev. 2/2020 Sourcewell RFP #062320 Equipment Rental with Related Services Page 3 Page 373 of 744409 a. Heavy, medium or light construction equipment, electrical tools, power equipment and general construction tools, heating, ventilation and air conditioning (HVAC) equipment, material handling equipment, pumps, concrete and masonry equipment and tools, public works and utility equipment, trucks and trailers, waste and debris handling equipment, generators; b. Tree, lawn, and landscape equipment, snow and ice removal equipment, facility maintenance and cleaning equipment, safety equipment, temporary shelters and seating, audio visual equipment, public address systems, portable sign boards, portable traffic signals, road barricades and signs; c. Environmental conditions or emissions monitoring equipment, calibration and testing equipment, and imaging equipment; d. Related services, including delivery, installation or setup, removal, repair, maintenance, equipment training programs, safety training programs; and, e. Used rental equipment sales. 2. The primary focus of this solicitation is on equipment rentals. This solicitation should NOT be construed to include: a. Automotive rental or leasing. Proposers may include related equipment, supplies, accessories, and services to the extent that these solutions are complementary to the equipment, products, or service(s) being proposed. Generally, the solutions for Participating Entities are turn -key solutions, providing a combination of equipment, products and services, delivery, and installation to a properly operating status. However, equipment or products only solutions may be appropriate for situations where Participating Entities possess the ability, either in-house or through local third - party contractors, to properly install and bring to operation the equipment or products being proposed. Sourcewell prefers vendors that provide a sole source of responsibility for the products and services provided under a resulting contract. If Proposer requires the use of dealers, resellers, or subcontractors to provide the products or services, the Proposal should address how the products or services will be provided to Participating Entities and describe the network of dealers, resellers, and/or subcontractors that will be available to serve Participating Entities under a resulting contract. Sourcewell desires the broadest possible selection of equipment, products, and services being proposed over the largest possible geographic area and to the largest possible cross-section of Sourcewell current and future Participating Entities. C. REQUIREMENTS Rev. 2/2020 Sourcewell RFP #062320 Equipment Rental with Related Services Page 4 Page 374 of 744410 It is expected that Proposers have knowledge of all applicable industry standards, laws, and regulations and possess an ability to market and distribute the equipment, products, or services to Participating Entities. 1. Safety Requirements. All items proposed must comply with current applicable safety or regulatory standards or codes. 2. Deviation from Industry Standard. Deviations from industry standards must be identified with an explanation of how the equipment, products, and services will provide equivalent function, coverage, performance, and/or related services. 3. New Equipment and Products. Proposed equipment and products must be for new, current model; however, Proposer may offer certain close-out equipment or products if it is specifically noted in the Pricing proposal. 4. Delivered and operational. Unless clearly noted in the Proposal, equipment and products must be delivered to the Participating Entity as operational. 5. Warranty. All equipment, products, supplies, and services must be covered by a warranty that is the industry standard or better. D. ANTICIPATED CONTRACT TERM Sourcewell anticipates that the term of any resulting contract(s) will be four (4) years. Up to two one-year extensions may be offered based on the best interests of Sourcewell and its Participating Entities. E. ESTIMATED CONTRACT VALUE AND USAGE Based on past volume of similar contracts, the estimated annual value of all transactions from contracts resulting from this RFP are anticipated to be USD$80 Million; therefore, proposers are expected to propose volume pricing. Sourcewell anticipates considerable activity under the contract(s) awarded from this RFP; however, sales and sales volume from any resulting contract are not guaranteed. F. MARKETING PLAN Proposer's sales force will be the primary source of communication with Participating Entities. The Proposer's Marketing Plan should demonstrate Proposer's ability to deploy a sales force or dealer network to Participating Entities, as well as Proposer's sales and service capabilities. It is expected that Proposer will promote and market any contract award. G. ADDITIONAL CONSIDERATIONS 1. Contracts will be awarded to Proposers able to best meet the need of Participating Entities. Proposers should submit their complete line of equipment, products, or services that are applicable to the scope of this RFP. Rev. 2/2020 Sourcewell RFP #062320 Equipment Rental with Related Services Page 5 Page 375 of 744411 2. Proposers should include all relevant information in its proposal, since Sourcewell cannot consider information that is not included in the Proposal. Sourcewell reserves the right to verify Proposer's information and may request clarification from a Proposer, including samples of the proposed equipment or products. 3. Depending upon the responses received in a given category, Sourcewell may need to organize responses into subcategories in order to provide the broadest coverage of the requested equipment, products, or services to Participating Entities. Awards may be based on a subcategory. 4. A Proposer's documented negative past performance with Sourcewell or its Participating Entities occurring under a previously awarded Sourcewell contract may be considered in the evaluation of a proposal. III. PRICING A. REQUIREMENTS All proposed pricing must be: 1. Either Line -Item Pricing or Percentage Discount from Catalog Pricing, ora combination of these: a. Line -item Pricing is pricing based on each individual product or services. Each line must indicate the Vendor's published "List Price," as well as the "Contract Price." b. Percentage Discount from Catalog or Category is based on a percentage discount from a catalog or list price, defined as a published Manufacturer's Suggested Retail Price MSRP) for the products or services. Individualized percentage discounts can be applied to any number of defined product groupings. Proposers will be responsible for providing and maintaining current published MSRP with Sourcewell, and this pricing must be included in its proposal and provided throughout the term of any Contract resulting from this RFP. 2. The Proposer's ceiling price (Ceiling price means that the proposed pricing will be considered as the highest price for which equipment, products, or services may be billed to a Participating Entity). However, it is permissible for vendors to sell at a price that is lower than the contracted price; 3. Stated in U.S. and Canadian dollars (as applicable); and 4. Clearly understood, complete, and fully describe the total cost of acquisition (e.g., the cost of the proposed equipment, products, and services delivered and operational for its intended purpose in the Participating Entity's location). Proposers should clearly identify any costs that are NOT included in the proposed product or service pricing. This may include items such as installation, set up, mandatory training, or initial inspection. Include identification of any parties that impose such costs and their relationship to the Proposer. Additionally, Proposers should clearly describe any unique distribution and/or delivery methods or options offered in the Proposal. Rev. 2/2020 Sourcewell RFP #062320 Equipment Rental with Related Services Page 6 Page 376 of 744412 B. ADMINISTRATIVE FEES Proposers are expected to pay to Sourcewell an administrative fee in exchange for Sourcewell facilitating the resulting contracts. The administrative fee is normally calculated as a percentage ofthe total salesto Participating Entities for all contracted equipment, products, or services made during a calendar quarter, and is typically one percent (1%) to two percent (2%). In some categories, a flat fee may be an acceptable alternative. IV. CONTRACT Proposers awarded a contract will be required to execute a contract with Sourcewell (see attached template). Only those modifications the Proposer indicates in its proposal will be available for discussion. Much of the language in the Contract reflects Minnesota legal requirements and cannot be altered. Numerous and/or onerous exceptions that contradict Minnesota law may result in the Proposal being disqualified from further review and evaluation. To request a modification to the Contract terms, conditions, or specifications, a Proposer must complete and submit the Exceptions to Terms, Conditions, or Specifications table, with all requested modifications, through the Sourcewell Procurement Portal at the time of submitting the Proposer's Proposal. Exceptions must: 1. Clearly identify the affected article and section, and 2. Clearly note what language is requested to be modified. Unclear requests will be automatically denied. Only those exceptions that have been accepted by Sourcewell will be included in the contract document provided to the awarded vendor for signature. If a Proposer receives a contract award resulting from this solicitation it will have up to 30 days to sign and return the contract. After that time, at Sourcewell's sole discretion, the contract award may be revoked. V. RFP PROCESS A. PRE -PROPOSAL CONFERENCE Sourcewell will hold an optional, non -mandatory pre -proposal conference via webcast on the date and time noted on page one of this RFP and on the Sourcewell Procurement Portal. The purpose of this conference is to allow potential Proposers to ask questions regarding this RFP and Sourcewell's competitive contracting process. Information about the webcast will be sent to all entities that have registered for this solicitation opportunity through their Sourcewell Procurement Portal Vendor Account. Pre -proposal conference attendance is optional. Rev. 2/2020 Sourcewell RFP #062320 Equipment Rental with Related Services Page 7 Page 377 of 744413 B. QUESTIONS REGARDING THIS RFP AND ORAL COMMUNICATION Questions regarding this RFP must be submitted through the Sourcewell Procurement Portal. The deadline for submission of questions is found in the Solicitation Schedule and on the Sourcewell Procurement Portal. Answers to questions will be issued through an addendum to this RFP. Repetitive questions will be summarized into a single answer and identifying information will be removed from the submitted questions. All questions, whether specific to a Proposer or generally related to the RFP, must be submitted using this process. Do not contact individual Sourcewell staff to ask questions or request information as this may disqualify the Proposer from responding to this RFP. Sourcewell will not respond to questions submitted after the deadline. C. ADDENDA Sourcewell may modify this RFP at any time prior to the proposal due date by issuing an addendum. Addenda issued by Sourcewell become a part of the RFP and will be delivered to potential Proposers through the Sourcewell Procurement Portal. Sourcewell accepts no liability in connection with the delivery of any addenda. Before a proposal will be accepted through the Sourcewell Procurement Portal, all addenda, if any, must be acknowledged by the Proposer by checking the box for each addendum. It is the responsibility of the Proposer to check for any addenda that may have been issued up to the solicitation due date and time. If an addendum is issued after a Proposer submitted its proposal, the Sourcewell Procurement Portal will WITHDRAW the submission and change the Proposer's proposal status to INCOMPLETE. The Proposer can view this status change in the "MY BIDS" section of the Sourcewell Procurement Portal Vendor Account. The Proposer is solely responsible to check the MY BIDS" section of the Sourcewell Procurement Portal Vendor Account periodically after submitting its Proposal (and up to the Proposal due date). If the Proposer's Proposal status has changed to INCOMPLETE, the Proposer is solely responsible to: i) make any required adjustments to its proposal; ii) acknowledge the addenda; and iii) ensure the re -submitted proposal is received through the Sourcewell Procurement Portal no later than the Proposal Due Date and time shown in the Solicitation Schedule above. D. PROPOSAL SUBMISSION Proposer's complete proposal must be submitted through the Sourcewell Procurement Portal no later than the date and time specified in the Solicitation Schedule. Any other form of proposal submission, whether electronic, paper, or otherwise, will not be considered by Rev. 2/2020 Sourcewell RFP #062320 Equipment Rental with Related Services Page 8 Page 378 of 744414 Sourcewell. Late proposals will not be considered. It is the Proposer's sole responsibility to ensure that the proposal is received on time. It is recommended that Proposers allow sufficient time to upload the proposal and to resolve any issues that may arise. The time and date that a Proposal is received by Sourcewell is solely determined by the Sourcewell Procurement Portal web clock. In the event of problems with the Sourcewell Procurement Portal, follow the instructions for technical support posted in the portal. It may take up to twenty-four (24) hours to respond to certain issues. Upon successful submission of a proposal, the Portal will automatically generate a confirmation email to the Proposer. If the Proposer does not receive a confirmation email, contact Sourcewell's support provider at support@bidsandtenders.ca. To ensure receipt of the latest information and updates via email regarding this solicitation, or if the Proposer has obtained this solicitation document from a third party, the onus is on the Proposer to create a Sourcewell Procurement Portal Vendor Account and register for this solicitation opportunity. Within the Procurement Portal, all proposals must be digitally acknowledged by an authorized representative of the Proposer attesting that the information contained in in the proposal is true and accurate. By submitting a proposal, Proposer warrants that the information provided is true, correct, and reliable for purposes of evaluation for potential contract award. The submission of inaccurate, misleading, or false information is grounds for disqualification from a contract award and may subject the Proposer to remedies available by law. E. GENERAL PROPOSAL REQUIREMENTS Proposals must be: In substantial compliance with the requirements of this RFP or it will be considered nonresponsive and be rejected. Complete. A proposal will be rejected if it is conditional or incomplete. Submitted in English. Valid and irrevocable for 90 days following the Proposal Due Date. Any and all costs incurred in responding to this RFP will be borne by the Proposer. F. PROPOSAL WITHDRAWAL Prior to the proposal deadline, a Proposer may withdraw its proposal. G. OPENING Rev. 2/2020 Sourcewell RFP #062320 Equipment Rental with Related Services Page 9 Page 379 of 744415 The Opening of Proposals will be conducted electronically through the Sourcewell Procurement Portal. A list of all Proposers will be made publicly available in the Sourcewell Procurement Portal after the Proposal Due Date, but no later than the Opening time listed in the Solicitation Schedule. To view the list of Proposers, verify that the Sourcewell Procurement Portal opportunities list search is set to "All" or "Closed." The solicitation status will automatically change to "Closed" after the Proposal Due Date and Time. VI. EVALUATION AND AWARD MI%1ILM111111111[67 1 It is the intent of Sourcewell to award one or more contracts to responsive and responsible Proposer(s) offering the best overall quality, selection of equipment, products, and services, and price that meet the commonly requested specifications of Sourcewell and its Participating Entities. The award(s) will be limited to the number of Proposers that Sourcewell determines is necessary to meet the needs of Participating Entities. Factors to be considered in determining the number of contracts to be awarded in any category may include the following: The number of and geographic location of: o Proposers necessary to offer a comprehensive selection of equipment, products, or services for Participating Entities' use. o A Proposer's sales and service network to assure availability of product supply and coverage to meet Participating Entities' anticipated needs. Total evaluation scores. The attributes of Proposers, and their equipment, products, or services, to assist Participating Entities achieve environmental and social requirements, preferences, and goals. Information submitted as part of a proposal should be as specific as possible when responding to the RFP. Do not assume Sourcewell's knowledge about a specific vendor or product. B. AWARD(S) Award(s) will be made to the Proposer(s) whose proposal conforms to all conditions and requirements of the RFP, and consistent with the award criteria defined in this RFP. Sourcewell may request written clarification of a proposal at any time during the evaluation process. Proposal evaluation will be based on the following scoring criteria and the Sourcewell Evaluator Scoring Guide (available in the Sourcewell Procurement Portal): Rev. 2/2020 Sourcewell RFP #062320 Equipment Rental with Related Services Page 10 Page 380 of 744416 Conformance to RFP Requirements 50 Financial Viability and Marketplace Success 75 Ability to Sell and Deliver Service 100 Marketing Plan 50 Value Added Attributes 75 Warranty 50 Depth and Breadth of Offered Equipment, Products, or Services 200 Pricing 400 TOTAL POINTS 1000 C. PROTESTS OF AWARDS Any protest made under this RFP by a Proposer must be in writing, addressed to Sourcewell's Executive Director, and delivered to the Sourcewell office located at 202 12th Street NE, P.O. Box 219, Staples, MN 56479. The protest must be received no later than 10 calendar days' following Sourcewell's notice of contract award(s) or non -award and must be time stamped by Sourcewell no later than 4:30 p.m., Central Time. A protest must include the following items: The name, address, and telephone number of the protester; The original signature of the protester or its representative; Identification of the solicitation by RFP number; A precise statement of the relevant facts; Identification of the issues to be resolved; Identification of the legal or factual basis; Any additional supporting documentation; and Protest bond in the amount of $20,000, except where prohibited by law or treaty. Protests that do not address these elements will not be reviewed. D. RIGHTS RESERVED This RFP does not commit Sourcewell to award any contract and a proposal may be rejected if it is nonresponsive, conditional, incomplete, conflicting, or misleading. Proposals that contain false statements or do not support an attribute or condition stated by the Proposer may be rejected. Sourcewell reserves the right to: Modify or cancel this RFP at any time; Reject any and all proposals received; Reject proposals that do not comply with the provisions of this RFP; Select, for contracts or for discussion, a proposal other than that with the lowest cost; Rev. 2/2020 Sourcewell RFP #062320 Equipment Rental with Related Services Page 11 Page 381 of 744417 Independently verify any information provided in a Proposal; Disqualify any Proposer that does not meet the requirements of this RFP, is debarred or suspended by the United States or Canada, State of Minnesota, Participating Entity's state or province; has an officer, or other key personnel, who have been charged with a serious crime; or is bankrupt, insolvent, or where bankruptcy or insolvency are a reasonable prospect; Waive or modify any informalities, irregularities, or inconsistencies in the proposals received; Clarify any part of a proposal and discuss any aspect of the proposal with any Proposer; and negotiate with more than one Proposer; Award a contract if only one responsive proposal is received if it is in the best interest of Participating Entities; and Award a contract to one or more Proposers if it is in the best interest of Participating Entities. DISPOSITION OF PROPOSALS All materials submitted in response to this RFP will become property of Sourcewell and will become public record in accordance with Minnesota Statutes Section 13.591, after negotiations are complete. Sourcewell considers that negotiations are complete upon execution of a resulting contract. It is the Proposer's responsibility to clearly identify any data submitted that it considers to be protected. Proposer must also include a justification for the classification citing the applicable Minnesota law. Sourcewell will not consider the prices submitted by the Proposer to be confidential, proprietary, or trade secret materials. Financial information, including financial statements, provided by a Proposer is not considered trade secret under the statutory definition. The Proposer understands that Sourcewell will reject proposals that are marked confidential or nonpublic, either substantially or in their entirety. Rev. 2/2020 Sourcewell RFP #062320 Equipment Rental with Related Services Page 12 Page 382 of 744418 Sourcewell 5/5/2020 Addendum No. 1 Solicitation Number: RFP 062320 Solicitation Name: Equipment Rental with Related Services Consider the following Question and Answer to be part of the above -titled solicitation documents. The remainder of the documents remain unchanged. Question 1: Is there a way to export or download the questions within the specification tables? Answer 1: After selecting "Start Submission", a proposer may navigate to Step 4 — "Preview Bid" and select "Preview My Bid in PDF", if a downloadable PDF of the questionnaire tables is desired. Acknowledgement of this Addendum to RFP 062320 posted to the Sourcewell Procurement Portal on 5/5/2020, is required at the time of proposal submittal. Page 383 of 744419 SOUrcewell II 5/12/2020 Addendum No. 2 Solicitation Number: RFP 062320 Solicitation Name: Equipment Rental with Related Services Consider the following Questions and Answers to be part of the above -titled solicitation documents. The remainder of the documents remain unchanged. Question 1: When submitting a response to this RFP, is it acceptable to offer just one line item from the Requested Equipment, Products, and Services? Answer 1: A proposer is not required to offer all possible items or services within the scope of the solicitation to be considered for award. However, proposals are evaluated based on the criteria as stated in the RFP. Question 2: For future reference, will the response from a previous RFP automatically populate the fields of a new RFP as appropriate (i.e. Tables 1 through 11)? Answer 2: Each opportunity posted to the Sourcewell Procurement Portal represents a separate and distinct competitive solicitation. The content of a vendor's proposal will not automatically carry over to future proposals. End of Addendum Acknowledgement of this Addendum to RFP 062320 posted to the Sourcewell Procurement Portal on 5/12/2020, is required at the time of proposal submittal. Page 384 of 744420 Sourcewell 6/1/2020 Addendum No. 3 Solicitation Number: RFP 062320 Solicitation Name: Equipment Rental with Related Services Consider the following Question and Answer to be part of the above -titled solicitation documents. The remainder of the documents remain unchanged. Question 1: Would the rental of used fire apparatus be considered in the scope of the RFP? Answer 1: Each proposer, in its discretion, will propose the equipment, products, and services that it deems to fall within Sourcewell's requested equipment, products, and services as described in the RFP. Only those products within the scope of the RFP will be included in any contract awarded by Sourcewell as a result of the solicitation and each Proposal will be evaluated based on the criteria stated in the RFP. End of Addendum Acknowledgement of this Addendum to RFP 062320 posted to the Sourcewell Procurement Portal on 6/1/2020, is required at the time of proposal submittal. Page 385 of 744421 SOUrcewell II 6/3/2020 Addendum No. 4 Solicitation Number: RFP 062320 Solicitation Name: Equipment Rental with Related Services Consider the following Question and Answer to be part of the above -titled solicitation documents. The remainder of the documents remain unchanged. Question 1: Is a dealer representing a corporate manufacturer in a geographical area allowed to submit a bid or would this bid be expected to come from a corporate level? Answer 1: A proposer is not required to cover every geographic region to be considered for award. Each proposal is evaluated based on the criteria stated in the RFP. Acknowledgement of this Addendum to RFP 062320 posted to the Sourcewell Procurement Portal on 6/3/2020, is required at the time of proposal submittal. Page 386 of 744422 Sourcewell 6/3/2020 Addendum No. 5 Solicitation Number: RFP 062320 Solicitation Name: Equipment Rental with Related Services Consider the following Question and Answer to be part of the above -titled solicitation documents. The remainder of the documents remain unchanged. Question 1: If a company is offering a proposal for this RFP, must the company have the equipment in their owned inventory? Answer 1: Each proposer, in its discretion, will determine how to best demonstrate the depth and breadth of their offered equipment, products, or services, and their ability to serve Sourcewell participating entities. Refer to Questionnaire Tables 14A, 1413, and 15, of Step 1 of the bid submission process within the Sourcewell Procurement Portal. End of Addendum Acknowledgement of this Addendum to RFP 062320 posted to the Sourcewell Procurement Portal on 6/3/2020, is required at the time of proposal submittal. Page 387 of 744423 SOUrcewell II 6/8/2020 Addendum No. 6 Solicitation Number: RFP 062320 Solicitation Name: Equipment Rental with Related Services Consider the following Question and Answer to be part of the above -titled solicitation documents. The remainder of the documents remain unchanged. Question 1: RFP Section II. E. "ESTIMATED CONTRACT VALUE AND USAGE" states, "Based on past volume of similar contracts, the estimated annual value of all transactions from contracts resulting from this RFP are anticipated to be USD$80 Million." Can you please provide a listing as to the quantities and types of equipment that make up this estimate? Answer 1: The RFP anticipated volume is an aggregate estimate based on past volumes of similar contracts. It is an aggregate estimate only, and no sales or sales volume are guaranteed. End of Addendum Acknowledgement of this Addendum to RFP 062320 posted to the Sourcewell Procurement Portal on 6/8/2020, is required at the time of proposal submittal. Page 388 of 744424 Sourcewell 6/9/2020 Addendum No. 7 Solicitation Number: RFP 062320 Solicitation Name: Equipment Rental with Related Services Consider the following Question and Answer to be part of the above -titled solicitation documents. The remainder of the documents remain unchanged. Question 1: Please provide more clarification in regards to Line Item 69 - Heating, Ventilation and Air Conditioning (HVAC) Equipment. In order to provide a bid for this line item, more specifications as to the requirements of the type of product (application, desiccant, SUM requirements, etc.) is being requested. Answer 1: Sourcewell utilizes a competitive, solutions -based solicitation approach that is not based on detailed specifications or finite quantities for our cooperative contract awards. A respondent is allowed to propose the entire line of products and services falling within the scope of the RFP. Section II. B. of the RFP addresses the requested equipment, products, or services for this solicitation. End of Addendum Acknowledgement of this Addendum to RFP 062320 posted to the Sourcewell Procurement Portal on 6/9/2020, is required at the time of proposal submittal. Page 389 of 744425 Sourcewell 6/15/2020 Addendum No. 8 Solicitation Number: RFP 062320 Solicitation Name: Equipment Rental with Related Services Consider the following Question and Answer to be part of the above -titled solicitation documents. The remainder of the documents remain unchanged. Question 1: Table 2, Question 9 regarding financial stability, and Question 13 "how is your organization best described", should the responses be from the point of view of the parent company or the subsidiary that handles rental of equipment? Answer 1: In the competitive process, Sourcewell will not advise a proposer on the content of the proposal. It is left to the discretion of each proposer to determine the information necessary to best demonstrate their financial stability and organizational information to Sourcewell participating entities. The solicitation is a competitive process and proposals are evaluated on the content submitted. Acknowledgement of this Addendum to RFP 062320 posted to the Sourcewell Procurement Portal on 6/15/2020, is required at the time of proposal submittal. Page 390 of 744426 CATERPILLAR Caterpillar Inc. 100 NE Adams Street Peoria, IL 61629 Rental National Accounts Contract effective date: September 17, 2020 Re: pricing for equipment rental & related services on Sourcewell contract 062320 -CAT Sourcewell contract 4062320 -CAT extends to participating members the following: 1. Equipment Rental: a. Nationwide not -to -exceed rates for a wide variety of Cat® branded equipment, as well as equipment from more than 70 other brands, represented by Cat equipment dealers and The Cat Rental Store locations. b. Subject to local market conditions, Cat dealers and The Cat Rental Stores, may offer rates lower than, but are not permitted to charge rates higher than, the national contract rates. c. Contact your local The Cat Rental Store location for custom rate quote. To find the locations nearest you, please visit: https://www.catrentalstore.com/en US/locations.html 2. Cat Safety Services: a. 15% off standard / list prices b. For details on product service offerings, please visit: https://www.cat.com/en®US/suDport/safetyservices.html or contact our safety experts at: 1-866-963-3551 If you have further questions, please contact Caterpillar Inc.: John Frame National Rental Accounts Manager - Governmental Office: 309-675-2891 E-mail: GOVRental(&- cat.com oil Mary Clutter Sales Support Coordinator Office: 309-578-4406 E-mail: GOVRentaI cat.com aterpfflar: (;onhd en1:W Green Page 391 of 744427 City of Boynton Beach Agenda Item Request Form 7.B Consent Bids and Purchases over $100,000 10/15/2024 Meeting Date: 10/15/2024 Proposed Resolution No. R24-258- Approve a piggyback agreement with Herc Rentals, Inc., for the rental of portable generators, light towers, and various related rental equipment for the Special Events Division, in an amount not to exceed $150,000, utilizing State of Florida Contract #518-410-19-ACS. Requested Action: Staff recommends approval of Proposed Resolution No. R24-258. Explanation of Request: The City of Boynton Beach Event Division utilizes portable generators, light towers, and various related rental equipment to ensure safety and accessibility for vendors and attendees at events throughout the year. The agreement will allow access to State of Florida contracted pricing to utilize rental equipment as needed for events. How will this affect city programs or services? Rental of equipment will provide electric and lighting access to event vendors in locations throughout the City where it is needed. The contract will also allow staff to contract labor to oversee rental equipment directly from the company to ensure proper use on site at events. Fiscal Impact: Rental costs are reflected in approved Special Events budget. Attachments: R24-258 Agenda_Item_2225-2023_Resolution_for_Herc_Rentals_piggyback_agmt.docx Exhibit A to Resolution - Herc Final Piggyback (Complete).pdf 428 RESOLUTION NO. R24-2581 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, APPROVING A PIGGYBACK AGREEMENT WITH 4 HERC RENTALS, INC., FOR INDUSTRIAL EQUIPMENT AND TOOL 5 RENTAL IN AN ANNUAL AMOUNT NOT TO EXCEED $150,000; AND 6 FOR ALL OTHER PURPOSES.7 8 WHEREAS, the State of North Carolina, County of Mecklenburg, City of Charlotte, acting9 through U.S. Communities (an Omnia Partner), competitively procured Industrial Equipment and10 Tool Rental and executed City of Charlotte Agreement No. 2019000318, as amended, currently 11 valid through October 31, 2025 (the “US Communities Agreement”); and 12 WHEREAS, on February 4, 2019, the State of Florida signed a Participating Agreement for 13 an Alternate Contract Source, Contract No. 518-410-19-ACS, as amended (the “ACS Agreement”) 14 with Herc Rentals, Inc., (“Vendor”) to utilize the U.S. Communities Agreement; and 15 WHEREAS, on April 20, 2023, the State of Florida renewed the ACS Agreement through16 October 31, 2025; and17 WHEREAS, the City desires to obtain industrial equipment and tool rentals on an as-18 needed basis pursuant to the terms of the US Communities Agreement, as amended by the ACS 19 Agreement (the US Communities Agreement and ACS Agreement are collectively referred to as 20 the “Master Agreement”); and 21 WHEREAS, the City’s Purchasing Policy Section X – Alternatives to Formal Sealed Bids, 22 provides authority for the City to acquire or contract for services without utilizing a sealed 23 competitive method or the written quotations methods where the desired services are the subject 24 of an agreement that utilizes another government entity’s contract, provided that the contract25 was awarded based strictly on competitive bidding; and 26 WHEREAS, in order to acquire rental equipment and tools, the City’s Events Department 27 is requesting the City enter into a Piggyback Agreement with the Vendor for industrial equipment 28 and tool rentals; and 29 WHEREAS, the City and Vendor have agreed to allow the City to piggyback the Master 30 Agreement; and31 32 429 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 Herc 34 Rentals, Inc., for Industrial Equipment and Tool Rental in an annual amount not to exceed 35 $150,000. 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 a Piggyback Agreement between Herc Rentals, Inc., and the City for Industrial Equipment 43 and Tool Rental in an annual amount not to exceed $150,000 (the “Piggyback Agreement”), in 44 form and substance similar to 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 fully executed Piggyback Agreement shall be retained by the City Clerk 50 as a public record of the City. A copy of the fully executed Piggyback Agreement shall be provided 51 to Gabrielle Favitta to forward to the Vendor.52 SECTION 5.This Resolution shall take effect in accordance with law.53 [signatures on following page]54 55 430 PASSED AND ADOPTED this ______________ day of ______________________________ 2024.56 CITY OF BOYNTON BEACH, FLORIDA57 YES NO58 Mayor – Ty Penserga __________59 60 Vice Mayor – Aimee Kelley __________61 62 Commissioner – Angela Cruz __________63 64 Commissioner – Woodrow L. Hay __________65 66 Commissioner – Thomas Turkin __________67 68 VOTE ______69 ATTEST:70 71 ___________________________________________________________72 Maylee De Jesús, MPA, MMC Ty Penserga73 City Clerk Mayor74 75 APPROVED AS TO FORM:76 (Corporate Seal)77 78 _______________________________79 Shawna G. Lamb80 City Attorney81 431 Herc Rental Piggyback 9.18.24 1 PIGGYBACK AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND HERC RENTALS, INC. This Piggyback Agreement is made as of this __ day of October, 2024, by and between Herc Rentals, Inc., with a principal address of 27500 Riverview Center Blvd., Bonita Springs, FL 34134, 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 North Carolina, County of Mecklenburg, City of Charlotte, acting through U.S. Communities (an Omnia Partner), competitively procured Industrial Equipment and Tool Rental and executed Master Agreement No. 2019000318, as amended, currently valid through October 31, 2025 (the “US Communities Agreement”); and WHEREAS, on February 4, 2019, the State of Florida signed a Participating Agreement for an Alternate Contract Source, Contract No. 518-410-19-ACS, as amended (the “ACS Agreement”) with Vendor to utilize the U.S. Communities Agreement; and WHEREAS, on April 20, 2023, the State of Florida renewed the ACS Agreement through October 31, 2025. WHEREAS, the City desires to obtain industrial equipment and tool rentals on an as- needed basis pursuant to the terms of the US Communities Agreement, as amended by the ACS Agreement (the US Communities Agreement and ACS Agreement are collectively referred to as the “Master Agreement”); 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 acquire rental equipment and tools, the City’s Events Department is requesting the City enter into a Piggyback Agreement with the Vendor for industrial equipment and tool rentals; 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.;” 432 Herc Rental Piggyback 9.18.24 2 NOW, THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT 1. The foregoing recitals are true and correct and are hereby incorporated into this Agreement. 2. TERM: The term of this Agreement commences on October 15, 2024, and will remain in effect until October 31, 2025 (“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 products 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. 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 Florida” are hereby replaced with the “City of Boynton Beach.” The City shall compensate Vendor pursuant to the rates set forth in the Master Agreement for the products and services in an annual amount not to exceed $150,000. 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 5. INVOICES AND PAYMENT: Invoices must identify the PO number and should be mailed to: Boynton Beach Finance Attn: Accounts Payable 100 E Boynton Beach Blvd 433 Herc Rental Piggyback 9.18.24 3 Boynton Beach, FL 33435. Invoices shall show the nature of the service and dates(s) of service. Invoices based on hourly rates shall show the actual hours worked, person performing services, nature of the service, hourly rate, and dates(s) of service. Invoices may be submitted no more frequently than monthly. However, all services rendered prior to September 30th of any given year are required to be invoiced by September 30th of that year. Vendor shall provide W-9 with first invoice. The fee shall be paid based on receipt of a proper invoice in accordance with the invoice schedule indicated above. Payment will be made within 45 days of receipt of a proper invoice in accordance with the Local Government Prompt Payment Act, Section 218.70, et al., Florida Statutes. No payment made under this Agreement shall be conclusive evidence of the performance of this Agreement by Vendor, either wholly or in part, and no payment shall be construed to be an acceptance of or to relieve Vendor of liability for the defective, faulty or incomplete rendition of the services. 6. TAX EXEMPT: Prices applicable to City do not include applicable state and local sales, use, and related taxes. The City is exempt from state and local sales and use taxes and shall not be invoiced for the same. Upon request, City will provide Vendor with proof of tax- exempt status. 7. SOVEREIGN IMMUNITY: Nothing contained in this Agreement nor contained herein shall be considered nor construed to waive City’s rights and immunities under the common law or section 768.28, Florida Statutes, as may be amended. 8. ATTORNEY’S FEES: In the event that either Party brings suit for enforcement of the Agreement, each Party shall bear its own attorney's fees and court costs. 9. PUBLIC RECORDS: Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is a public agency subject to Chapter 119, Florida Statutes. The Vendor shall comply with Florida’s Public Records Law. Specifically, the Vendor shall: A. Keep and maintain public records required by the City to perform the service; B. Upon request from the City’s custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Vendor shall destroy all copies of such confidential and exempt records remaining in its possession once the Vendor transfers the records in its possession to the City; and 434 Herc Rental Piggyback 9.18.24 4 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 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. 435 Herc Rental Piggyback 9.18.24 5 12. DISPUTES: Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction exclusively in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 13. EXECUTION OF THE AGREEMENT: This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts, which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes. Each person signing this Agreement on behalf of either Party individually warrants that he or she has full legal power to execute the Addendum on behalf of the Party for whom he or she is signing and to bind and obligate such Party with respect to all provisions contained in this Agreement 14. TERMINATION FOR CONVENIENCE: This Agreement may be terminated by the City for convenience upon fourteen (14) calendar days of written notice by the terminating party to the other party for such termination in which event the Vendor shall be paid its compensation for services performed to the termination date, including services reasonably related to termination. In the event that the Vendor abandons the Agreement or causes it to be terminated, the Vendor shall indemnify the City against loss pertaining to this termination. 15. TERMINATION FOR CAUSE: In addition to all other remedies available to City, this Agreement shall be subject to cancellation by City for cause, should Vendor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) calendar days’ after receipt by Vendor of written notice of such neglect or failure. 16. INDEMNIFICATION: Vendor shall indemnify and hold harmless the City, its elected and appointed officers, agents, assigns and employees, consultants, separate Vendors, any of their subcontractors, or sub-subcontractors, from and against claims, demands, or causes of action whatsoever, and the resulting losses, damages, costs, and expenses, including but not limited to attorneys’ fees, including paralegal expenses, liabilities, damages, orders, judgments, or decrees, sustained by the City arising out of or resulting from (A) Vendor’s performance or breach of Agreement, (B) acts or omissions, negligence, recklessness, or intentional wrongful conduct by Vendor’s, its agents, employees, subcontractors, participants, and volunteers, and (C) Vendor’s failure to take out and maintain insurance as required under this Agreement. Vendor’s shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits, or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys’ fees which may issue thereon. The obligations of this section shall survive indefinitely regardless of termination of the Agreement. 17. INSURANCE: At the time of execution of this Agreement, Vendor shall provide the City with a copy of its Certificate of Insurance reflecting the insurance coverage required by the Master Agreement. The Certificate of Insurance shall name the City of Boynton Beach, and its officers, employees and agents as an additional insured. 18. LIMITATION OF LIABILITY: Notwithstanding any provision of the Agreement to which it is applicable, City shall not be liable or responsible to Vendor beyond the amount 436 Herc Rental Piggyback 9.18.24 6 remaining due to Vendor under the Agreement, regardless of whether said liability be based in tort, contract, indemnity or otherwise; and in no event shall City be liable to Vendor for punitive or exemplary damages or for lost profits or consequential damages. 19. INDEPENDENT CONTRACTOR: The Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that Vendor is an independent contractor pursuant to the Agreement and shall not be considered the City’s employee for any purpose. 20. COMPLIANCE WITH LAWS: Vendor hereby warrants and agrees that at all times material to the Agreement, Vendor shall perform its obligations in compliance with all applicable federal, state, and local laws, rules, and regulations, including section 501.171, Florida Statutes. Non-compliance may constitute a material breach of the Agreement. 21. ASSIGNMENT: In the event this Agreement and any interests granted herein shall be assigned, transferred, or otherwise encumbered, under any circumstances by Vendor, Vendor must gain prior written consent from City thirty (30) business days before such transfer. For purposes of this Agreement, any change of ownership of 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. 22. AGREEMENT SUBJECT TO FUNDING: The Agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Boynton Beach in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. Early termination by City due to loss of funding shall not obligate Vendor to refund any prepaid fees. 23. ENTIRE AGREEMENT. The Agreement, including the Master Agreement, sets forth the entire Agreement between the City and the Vendor with respect to the subject matter of this Agreement. This Agreement supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the parties. This Agreement may not be modified except by the parties’ mutual agreement set forth in writing and signed by the parties. 24. SEVERABILITY. If any provision of this Agreement or application thereof to any person or situation shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable, shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 25. 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. 437 Herc Rental Piggyback 9.18.24 7 IN WITNESS OF THE FOREGOING,the parties have set their hands and seals the day and year first written above. CITY OF BOYNTON BEACH, FLORIDA HERC RENTALS, INC. _________________________________ ________________________________ Ty Penserga, Mayor Approved as to Form: __________________________________ (Signature), Company ________________________________ Print Name of Authorized Official ________________________________ Title Shawna G. Lamb, City Attorney Attested/Authenticated: __________________________________ Maylee DeJesus, City Clerk (Corporate Seal) Attest/Authenticated: _________________________________ (Signature), Witness __________________________________ Print Name Jason Oosterbeek Vice President _____________________________ (Signature), Company test/Authenticate ______________ gnature) Witnes Nina Aide 438 Herc Rental Piggyback 9.18.24 8 EXHIBIT A MASTER AGREEMENT CONTRACT BETWEEN HERC RENTALS, INC. AND CITY OF CHARLOTTE, CONTRACT NO. 2019000318 AND AMENDMENTS NO. 1-12 AND ALTERNATE CONTRACT SOURCE NO. 518-410-19-ACS FOR INDUSTRIAL EQUIPMENT AND TOOL RENTAL, BETWEEN THE DEPARTMENT OF MANAGEMENT SERVICES, AN AGENCY OF THE STATE OF FLORIDA, AND HERC RENTALS, INC. 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 /23:':$',4:,'!%: '5$49:':"$5,: 4¬¦Ê¶PUÊ .%!#-!!"(#,Ý 1¤^§Z¤^¨Ì/Ý#Ý N^¦[¬À 0Ý &!-)$Ý -03:#&#&3:3(:2 :, # &2:3(:),(7 : +6)# &3:, &20:&:, 3 :),(630:&:0 ,70: 31:,/4:"$"$3:4':3:," $3:4':*,'8 : +5)" $3:, $3 /:$:, 3 : *,'53/:$:/ ./: ÊnrÅÝ9·ÆÊÝ1¥_§Z¤^¨Ì ÝsÆݤP[_ÝQ§[Ý _§Ë_¼_ZÝ t¦Ê®ÝÊnÆÝ$*ZPÛÝ­dÝAѓÛÝ'!#-Ý SÛÝP©\Ý S_Ë×``¦Ý =`¸VÝ I^¨ÌP”ÆÝ ?©UÝPÝU¬¹±¬¶PÌs¬¦ÝZ­y¦jÝSÒÅu©`ÆÅÝv¨ÝD¬¹ÊnÝ4P»¬•s¦PÝ Ên_Ý4¬¤±P¨Û Ý P¨]Ý Ên`Ý 4vÊÜݬeÝ4nP¸“¬ÊË^Ý PÝD®¹ÏnÝ4P¹®–v©PݤҨwVx±P”Ý V­¸²¬¶P̏­¨Ý Ên_Ý 4yÌÛ Ý     2Mn^Ý4zÌÛÝ ­fÝ 4oP¹—­ÌË^Ý P¦[Ý Ên`Ý 4®¤±PªÛÝ ^¦Ë_¹a[Ý{§Ë­ÝP©Ý1j¹^`¤`ªÊÝ [PÊ`[ÝE¬Ö`¤S^¹Ý $Ý%!#,Ý Ën` 4­¨Ë¸PVË Ý ²Ó¹ÇÑP¨ËÝ Ë­Ý Øn}UnÝ Êo`Ý 4¬¤²P¦ÛÝ Pj¹`^[Ý Ê­Ý ³¹°Ös]^Ý 6´Ñv²¤_¦ÌÝ I_¦ÊP˜ÇÝ P¦ZÝ J`™PÊ^] G¹¬[ÔWÊÇÝ P§[ÝK`¸Ö|W`ÅÝf®ºÝ Ìn`Ý4ÌÛÝ­eÝ4oP¹š­ÌÌ` 3Ln^ݲPÂs_Çݦ®ØÝ[_Ƹ_ÝˬÝP¤`¦[ÝÊn^Ý4¬©Ë ¹PVËÝÊ­Ýy©W­º²­¿PÌ^ÝWaÁP}¨Ý¬Ìn_¶ÝUnP¨k^Ç DFOÝ L>6J6:FJ7Ý y¦Ý U®§Ç}[_¹PË®¦Ý ®fÝ Ên_Ý ¤ÕËÒP›Ý V­Ö^©R¦ÊÇÝ PªZÝ Pj·__¤_ªÍÇÝ V­©ÊP¨`ZÝ n`º^~¦Ý ÊnbÝ ²PÃ`ÅÝ n`¹`TÛÝPk»^^ÝˬÝÊn`Ýf­““­Ø€¦k0Ý , " $3 #Ln`ÝÊ`º¤ÅÝ­eÝÌo`Ý4­©Ì¹PXÊÝP¹^ݺbÅÌPÍb[ÝSÛÝP¦[݁§V­¹±­¶PË^]ݨͭÝÌn‚ÅÝ:v»ÆËÝ1¤_¨[¤^¦ÊÝSÛݶ_f_¹`©W` &5bg«b[ÝÍ^º¤ÅÝÔÅ^[݁§ÝËnƒÅÝ;ºÅËÝ2¤_¨[¤b©ÍÝÆnP”“Ý pPÖ^ÝÍp`ÝÅP¤^Ý ¤^P¨¨lÝPÆÝP¹`ÝPÇÇm¨b[ÝÊ®ÝÅÒYn Ë`¹¤ÅÝv©Ý ËpbÝ4¬ªÍ¶PUÊ (MpÇÝ;}¹ÈÍÝ2¤bª[¤`§ËÝz§W­º±­¼PË^ÅÝP¨ÝÒ²]PË^]Ý &"#-Ý 7µÔ„²¤b¦ÊÝ CyÆËÝ Pª]Ý<¬—[ÝP©]Ý HœP̅©Ò¤ÝG¸†X‡©k KYp_[ѝ^ÅÝPÉÝŲ^Wfy^[ݨÝ7ÙpƒSƒËÝ2Ý PÊÏPXp^] Ý P¦[ÝSbU¬¤^ÆÝbhfcẄÖ^Ý­©ÝBҚÛÝ $+Ý&"#- ) 8ÙX_²ÊÝ Ë­Ý Ëq`Ý ^ÚÐ^©ËÝ Å²^W‰f‘WP¢ŸÛÝ ²º­Ö}]^]Ý PS­Ö`Ý ËnÅÝ P¤_¦Z¤_ªËÝ ÅnPžšÝ §­ÊÝ T`Ý }§Ì`¸²»`Î`ZÝ ¬¶ W®¨É˽Ô_]Ý PÅÝ×PÖ©jÝP©ÛݸŠknÍÅÝ ¬S“‹kPˌ­§ÇÝ º^¤`[_ÅÝ ­¸Ý V£P¤ÅÝ Ën^Ý ²PÁ`ÆÝ ¤PÛݬÊn_ĎÆ`ÝpPÖ_ Ò¨]`¸ÝÍpbÝ4¬¨Í¹PXÍ *@©ÝPŸ Ý­Ìpb¶Ý¸_ƲbXËÇÝQ§ZÝ`ÙV^²ËÝPÆݤ­]}e’^ZÝ p^º^Ž¨Ý ÌnbÝËa¹¤ÇݯeÝËpbÝ4®¦Ê¾PWÊÝ ÆpP™¡Ýº^¤Pƒ©Ýs¨Ýe¬¸W_ P¨]Ý ^i^WÊ                483 484 485 486 &RQWUDFW $PHQGPHQW 9HQGRU HERC RENTALS INC.January 1, 2020 2019000318-2 67$7(2)1257+&$52/,1$ &2817<2)0(&./(1%85* 7+,5' $0(1'0(17727+($*5((0(17 723529,'( (48,30(175(17$/6$1'5(/$7('352'8&76$1'6(59,&(6 7+,6 7+,5' $0(1'0(17 72 7+( $*5((0(17 72 3529,'( (48,30(17 5(17$/6$1' 5(/$7('352'8&76$1'6(59,&(6 WKLV ³7KLUG $PHQGPHQW´ LVPDGHDQGHQWHUHGLQWRWKLVVW GD\ RI -DQXDU\  E\ DQG EHWZHHQ +HUF 5HQWDOV ,QF D FRUSRUDWLRQ GRLQJ EXVLQHVV LQ 1RUWK &DUROLQD WKH &RPSDQ\  DQGWKH&LW\RI&KDUORWWHD1RUWK&DUROLQDPXQLFLSDOFRUSRUDWLRQ WKH&LW\  6WDWHPHQW RI %DFNJURXQGDQG,QWHQW $ 7KH&LW\RI&KDUORWWHDQGWKH&RPSDQ\HQWHUHGLQWRDQ$JUHHPHQWGDWHG1RYHPEHU WKH ³&RQWUDFW´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ignature Page Follows] 487 488                  !    "# $   %  & ' (  '#   )**  *+*,  *-  **!'*  .#/0 489 490 491 ŝŐŝƚĂůŽŶƚƌĂĐƚZŽƵƚŝŶŐ&Žƌŵ EŽŶͲŶĐƵŵďĞƌĞĚ ĂƚĞ^ƵďŵŝƚƚĞĚ͗ ^ƵďŵŝƚƚĞĚďLJ͗ ^ƵďŵŝƚƚĞƌĞŵĂŝů͗ ŽŶƚƌĂĐƚη͗ ŵĞŶĚŵĞŶƚη͗ ŽŶƚƌĂĐƚEĂŵĞ͗ sĞŶĚŽƌ>ĞŐĂůEĂŵĞ͗ sĞŶĚŽƌη͗ dŚĞĨŽůůŽǁŝŶŐƐŝŐŶĂƚƵƌĞƐ͕ŽŶĐĞĐŽŵƉůĞƚĞĚ͕ƐŚĂůůďĞŝŶĐŽƌƉŽƌĂƚĞĚďLJƌĞĨĞƌĞŶĐĞŝŶƚŽƚŚĞĐŽŶƚƌĂĐƚƵĂů ĚŽĐƵŵĞŶƚŝĚĞŶƚŝĨŝĞĚĂďŽǀĞ͘ /dzK&,Z>Kdd͗ KhEd^Wz>͗ ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ dŚŝƐŝŶƐƚƌƵŵĞŶƚŚĂƐďĞĞŶƉƌĞĂƵĚŝƚĞĚŝŶƚŚĞŵĂŶŶĞƌ ƌĞƋƵŝƌĞĚďLJƚŚĞ>ŽĐĂů'ŽǀĞƌŶŵĞŶƚƵĚŐĞƚĂŶĚ&ŝƐĐĂů ŽŶƚƌŽůĐƚ͘ dŚĞĨŽůůŽǁŝŶŐŝŶĚŝǀŝĚƵĂůŚĂƐďĞĞŶĚĞƐŝŐŶĂƚĞĚďLJƚŚĞŝƚLJ͛Ɛ ŚŝĞĨ&ŝŶĂŶĐĞKĨĨŝĐĞƌƚŽWƌĞͲƵĚŝƚƚŚŝƐŽŶƚƌĂĐƚŽŶďĞŚĂůĨ ŽĨƚŚĞŝƚLJ͗ ͺͺͺͺͺͺͺͺͺͺͺ September 02, 2021 Genetta Carothers 2019000318 Equipment Rentals and Related Products and Services Herc Rentals, Inc. 20941 genetta.carothers@charlottenc.gov 4 492 Contract#: 2019000318 Amendment#: 5 Vendor#: 20941 HERC RENTALS, INC. AMENDMENT FIVE STATE OF NORTH CAROLINA COUNTY OF MECKLENBURG FIFTH AMENDMENT TO THE AGREEMENT TO PROVIDE EQUIPMENT RENTALS AND RELATED PRODUCTS AND SERVICES THIS FIFTH AMENDMENT TO THE AGREEMENT TO PROVIDE EQUIPMENT RENTALS AND RELATED PRODUCTS AND SERVICES (this “Fifth Amendment”) is made and entered into this 1st of January 2022, by and between Herc Rentals, Inc., a Florida corporation doing business in North Carolina (the "Company"), and the City of Charlotte, a North Carolina municipal corporation (the "City"). Statement of Background and Intent A. The City of Charlotte and the Company entered into an Agreement dated November 1, 20108 (the “Contract”) pursuant to which the Company agreed to provide equipment rentals and related products and services for the City of Charlotte. B. The parties amended the Contract on July 15, 2019 to incorporate an updated equipment list and gold and platinum pricing schedules. C. The parties amended the Contract on January 1, 2020 to incorporate an updated equipment list and gold and platinum pricing schedules. D. The parties amended the Contract on January 1, 2021 to incorporate an updated equipment list and gold and platinum pricing schedules and the option to recover any administrative or contract fees imposed by any Participating Public Agency. E. The parties amended the Contract on August 23, 2021 to replace the Pricing Schedules due to the addition of new equipment. F. The parties now desire to amend the Contract to make adjustments to unit pricing, to replace the Commercial Non-Discrimination clause and to incorporate certain other changes. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereby agree to the following: AGREEMENT 1.The terms of the Contract are restated by and incorporated into this Fifth Amendment by reference. 2.Defined terms used in this Fifth Amendment shall have the same meaning as are assigned to such terms in the Contract. 3.The Gold and Platinum Pricing Schedules in Exhibit A of the Contract is hereby replaced in its entirety due to the average rate change of four tenths of one percent (.4%) which are attached hereto as Exhibit A.2. 4.Section 34 of the Contract (“Required By City Ordinance: Commercial Non-Discrimination”) is hereby replaced in its entirety as provided below: REQUIRED BY CITY ORDINANCE: COMMERCIAL NON-DISCRIMINATION. Herc Rentals, Inc. agrees to comply with the Non-Discrimination Policy set forth in Chapter 2, Article V of the Charlotte City Code, which is available for review at 1 493 Contract#: 2019000318 Amendment#: 5 Vendor#: 20941 HERC RENTALS, INC. AMENDMENT FIVE http://library.municode.com/index.aspx?clientId=19970 and incorporated herein by reference. Herc Rentals, Inc. consents to be bound by the award of any arbitration conducted thereunder.” 5.Except to the extent specifically provided above, this amendment shall not be interpreted or construed as waiving any rights, obligations, remedies, or claims the parties may otherwise have under the Contract. 6.In all other respects and except as modified herein, the terms of the Contract shall remain in force and effect. [Signature Page Follows] 2 494 Contract#: 2019000318 Amendment#: 5 Vendor#: 20941 HERC RENTALS, INC. AMENDMENT FIVE IN WITNESS WHEREOF, and in acknowledgement that the parties hereto have read and understood each and every provision hereof, the parties have caused this Fifth Amendment to be executed as of the date first written above. HERC RENTALS, INC. CITY OF CHARLOTTE: CITY MANAGER’S OFFICE BY: __________________________________ BY: __________________________________ (signature) (signature) PRINT NAME: ________________________ PRINT NAME: ________________________ TITLE: _______________________________ TITLE: _______________________________ DATE: ________________________________ DATE: ________________________________ Jason Oosterebeek Vice President 12/14/2021 _________________________________________________________ (sigigiggignannnnture) 495 ŝŐŝƚĂůŽŶƚƌĂĐƚZŽƵƚŝŶŐ&Žƌŵ EŽŶͲŶĐƵŵďĞƌĞĚ ĂƚĞ^ƵďŵŝƚƚĞĚ͗ ^ƵďŵŝƚƚĞĚďLJ͗ ^ƵďŵŝƚƚĞƌĞŵĂŝů͗ ŽŶƚƌĂĐƚη͗ ŵĞŶĚŵĞŶƚη͗ ŽŶƚƌĂĐƚEĂŵĞ͗ sĞŶĚŽƌ>ĞŐĂůEĂŵĞ͗ sĞŶĚŽƌη͗ dŚĞĨŽůůŽǁŝŶŐƐŝŐŶĂƚƵƌĞƐ͕ŽŶĐĞĐŽŵƉůĞƚĞĚ͕ƐŚĂůůďĞŝŶĐŽƌƉŽƌĂƚĞĚďLJƌĞĨĞƌĞŶĐĞŝŶƚŽƚŚĞĐŽŶƚƌĂĐƚƵĂů ĚŽĐƵŵĞŶƚŝĚĞŶƚŝĨŝĞĚĂďŽǀĞ͘ /dzK&,Z>Kdd͗ KhEd^Wz>͗ ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ dŚŝƐŝŶƐƚƌƵŵĞŶƚŚĂƐďĞĞŶƉƌĞĂƵĚŝƚĞĚŝŶƚŚĞŵĂŶŶĞƌ ƌĞƋƵŝƌĞĚďLJƚŚĞ>ŽĐĂů'ŽǀĞƌŶŵĞŶƚƵĚŐĞƚĂŶĚ&ŝƐĐĂů ŽŶƚƌŽůĐƚ͘ dŚĞĨŽůůŽǁŝŶŐŝŶĚŝǀŝĚƵĂůŚĂƐďĞĞŶĚĞƐŝŐŶĂƚĞĚďLJƚŚĞŝƚLJ͛Ɛ ŚŝĞĨ&ŝŶĂŶĐĞKĨĨŝĐĞƌƚŽWƌĞͲƵĚŝƚƚŚŝƐŽŶƚƌĂĐƚŽŶďĞŚĂůĨ ŽĨƚŚĞŝƚLJ͗ ͺͺͺͺͺͺͺͺͺͺͺ January 04, 2022 Genetta N. Carothers 2019000318 Equipment Rentals and Related Products and Services Herc Rentals, Inc. 20941 genetta.carothers@charlottenc.gov 5 496 Contract#: 2019000318 Amendment#: 6 Vendor#: 20941 HERC RENTALS, INC. AMENDMENT SIX STATE OF NORTH CAROLINA COUNTY OF MECKLENBURG SIXTH AMENDMENT TO THE AGREEMENT TO PROVIDE EQUIPMENT RENTALS AND RELATED PRODUCTS AND SERVICES THIS SIXTH AMENDMENT TO THE AGREEMENT TO PROVIDE EQUIPMENT RENTALS AND RELATED PRODUCTS AND SERVICES (this “Sixth Amendment”) is made and entered into this 1st of February 2022, by and between Herc Rentals, Inc., a Florida corporation doing business in North Carolina (the "Company"), and the City of Charlotte, a North Carolina municipal corporation (the "City"). Statement of Background and Intent A. The City of Charlotte and the Company entered into an Agreement dated November 1, 2018 (the “Contract”) pursuant to which the Company agreed to provide equipment rentals and related products and services for the City of Charlotte. B. The parties amended the Contract on July 15, 2019 to incorporate an updated equipment list and gold and platinum pricing schedules. C. The parties amended the Contract on January 1, 2020 to incorporate an updated equipment list and gold and platinum pricing schedules. D. The parties amended the Contract on January 1, 2021 to incorporate an updated equipment list and gold and platinum pricing schedules and the option to recover any administrative or contract fees imposed by any Participating Public Agency. E. The parties amended the Contract on August 23, 2021 to replace the Pricing Schedules due to the addition of new equipment. F. The parties amended the Contract on January 1, 2022 to incorporate an updated equipment list and gold and platinum pricing schedules and to replace the Commercial Non-Discrimination clause. G. The parties now desire to amend the Contract to delete and replace the CBI Form 4 documents and to incorporate certain other changes. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereby agree to the following: AGREEMENT 1.The terms of the Contract are restated by and incorporated into this Sixth Amendment by reference. 2.Defined terms used in this Sixth Amendment shall have the same meaning as are assigned to such terms in the Contract. 3.The parties have agreed to remove Cook Truck Equipment & Tools, Donald Gardners Paint & Body, Inc., Eastway Wrecker Service, Inc., Shoreline Trucking LLC, and Streeter Trucking Company as subcontractors. The parties have agreed to add Chavez Transport, Joey’s Truck Repair, Mecklenburg Fleet, and Motus Logistics as subcontractors to satisfy the aggregate MWSBE Goal. Accordingly, the CBI Form 4 documents (“Letter of Intent”) for the removed subcontractors that appeared in Exhibit C of the original Contract are hereby deleted from the Contract and are replaced by the completed CBI Form 4 documents that are attached to this Amendment as Exhibit C.1. 497 Contract#: 2019000318 Amendment#: 6 Vendor#: 20941 HERC RENTALS, INC. AMENDMENT SIX 4.Except to the extent specifically provided above, this amendment shall not be interpreted or construed as waiving any rights, obligations, remedies, or claims the parties may otherwise have under the Contract. 5.In all other respects and except as modified herein, the terms of the Contract shall remain in force and effect. [Signature Page Follows] 498 Contract#: 2019000318 Amendment#: 6 Vendor#: 20941 HERC RENTALS, INC. AMENDMENT SIX IN WITNESS WHEREOF, and in acknowledgement that the parties hereto have read and understood each and every provision hereof, the parties have caused this Sixth Amendment to be executed as of the date first written above. HERC RENTALS, INC. CITY OF CHARLOTTE: CITY MANAGER’S OFFICE BY: __________________________________ BY: __________________________________ (signature) (signature) PRINT NAME: ________________________ PRINT NAME: ________________________ TITLE: _______________________________ TITLE: _______________________________ DATE: ________________________________ DATE: ________________________________ Jason Oosterbeek Vice President 2/1/2022 ____________________________________ (s(s(s(sigigigigignature) 499 ŝŐŝƚĂůŽŶƚƌĂĐƚZŽƵƚŝŶŐ&Žƌŵ EŽŶͲŶĐƵŵďĞƌĞĚ ĂƚĞ^ƵďŵŝƚƚĞĚ͗ ^ƵďŵŝƚƚĞĚďLJ͗ ^ƵďŵŝƚƚĞƌĞŵĂŝů͗ ŽŶƚƌĂĐƚη͗ ŵĞŶĚŵĞŶƚη͗ ŽŶƚƌĂĐƚEĂŵĞ͗ sĞŶĚŽƌ>ĞŐĂůEĂŵĞ͗ sĞŶĚŽƌη͗ dŚĞĨŽůůŽǁŝŶŐƐŝŐŶĂƚƵƌĞƐ͕ŽŶĐĞĐŽŵƉůĞƚĞĚ͕ƐŚĂůůďĞŝŶĐŽƌƉŽƌĂƚĞĚďLJƌĞĨĞƌĞŶĐĞŝŶƚŽƚŚĞĐŽŶƚƌĂĐƚƵĂů ĚŽĐƵŵĞŶƚŝĚĞŶƚŝĨŝĞĚĂďŽǀĞ͘ /dzK&,Z>Kdd͗ KhEd^Wz>͗ ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ dŚŝƐŝŶƐƚƌƵŵĞŶƚŚĂƐďĞĞŶƉƌĞĂƵĚŝƚĞĚŝŶƚŚĞŵĂŶŶĞƌ ƌĞƋƵŝƌĞĚďLJƚŚĞ>ŽĐĂů'ŽǀĞƌŶŵĞŶƚƵĚŐĞƚĂŶĚ&ŝƐĐĂů ŽŶƚƌŽůĐƚ͘ dŚĞĨŽůůŽǁŝŶŐŝŶĚŝǀŝĚƵĂůŚĂƐďĞĞŶĚĞƐŝŐŶĂƚĞĚďLJƚŚĞŝƚLJ͛Ɛ ŚŝĞĨ&ŝŶĂŶĐĞKĨĨŝĐĞƌƚŽWƌĞͲƵĚŝƚƚŚŝƐŽŶƚƌĂĐƚŽŶďĞŚĂůĨ ŽĨƚŚĞŝƚLJ͗ ͺͺͺͺͺͺͺͺͺͺͺ February 08, 2022 Genetta N. Carothers 2019000318 Equipment Rentals and Related Products and Services Herc Rentals, Inc. 20941 genetta.carothers@charlottenc.gov 6 500 Contract#: 2019000318 Amendment#: 7 Vendor#: 20941 HERC RENTALS, INC. AMENDMENT SEVEN STATE OF NORTH CAROLINA COUNTY OF MECKLENBURG SEVENTH AMENDMENT TO THE AGREEMENT TO PROVIDE EQUIPMENT RENTALS AND RELATED PRODUCTS AND SERVICES THIS SEVENTH AMENDMENT TO THE AGREEMENT TO PROVIDE EQUIPMENT RENTALS AND RELATED PRODUCTS AND SERVICES (this “Seventh Amendment”) is made and entered into this 20th of July 2022, by and between Herc Rentals, Inc., a Florida corporation doing business in North Carolina (the "Company"), and the City of Charlotte, a North Carolina municipal corporation (the "City"). Statement of Background and Intent A. The City of Charlotte and the Company entered into an Agreement dated November 1, 2018 (the “Contract”) pursuant to which the Company agreed to provide equipment rentals and related products and services for the City of Charlotte. B. The parties amended the Contract on July 15, 2019 to incorporate an updated equipment list and gold and platinum pricing schedules. C. The parties amended the Contract on January 1, 2020 to incorporate an updated equipment list and gold and platinum pricing schedules. D. The parties amended the Contract January 1, 2021 to incorporate an updated equipment list and gold and platinum pricing schedules and the option to recover any administrative or contract fees imposed by any Participating Public Agency. E. The parties amended the Contract on August 23, 2021 to replace the Pricing Schedules to the addition of new equipment. F. The parties amended the Contract on January 1, 2022 to make adjustments to unit pricing, to replace the Commercial Non-Discrimination clause and to incorporate certain other changes. G. The parties amended the Contract on February 1, 2022 to delete and replace the CBI Form 4 documents. H. The parties now desire to amend the Contract to incorporate an updated equipment list and gold and platinum pricing schedules, to add a CBI Form 4, and to incorporate certain other changes. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereby agree to the following: AGREEMENT 1.The terms of the Contract are restated by and incorporated into this Seventh Amendment by reference. 2.Defined terms used in this Seventh Amendment shall have the same meaning as are assigned to such terms in the Contract. 3.The Gold and Platinum Pricing Schedules in Exhibit A of the Contract is hereby replaced in its entirety due to the addition of new category class equipment and price corrections on category class #715- 1082 which are attached hereto as Exhibit A.3. 501 Contract#: 2019000318 Amendment#: 7 Vendor#: 20941 HERC RENTALS, INC. AMENDMENT SEVEN 4.The parties have agreed to add Mr. Refurbisher as a subcontractor to satisfy the aggregate MWSBE Goal. Accordingly, the CBI Form 4 documents (“Letter of Intent”) are appended by the completed CBI Form 4 documents that are attached to this Amendment as Exhibit C.2. 5.Except to the extent specifically provided above, this amendment shall not be interpreted or construed as waiving any rights, obligations, remedies, or claims the parties may otherwise have under the Contract. 6.In all other respects and except as modified herein, the terms of the Contract shall remain in force and effect. [Signature Page Follows] 502 Contract#: 2019000318 Amendment#: 7 Vendor#: 20941 HERC RENTALS, INC. AMENDMENT SEVEN IN WITNESS WHEREOF, and in acknowledgement that the parties hereto have read and understood each and every provision hereof, the parties have caused this Seventh Amendment to be executed as of the date first written above. HERC RENTALS, INC. CITY OF CHARLOTTE: CITY MANAGER’S OFFICE BY: __________________________________ BY: __________________________________ (signature) (signature) PRINT NAME: ________________________ PRINT NAME: ________________________ TITLE: _______________________________ TITLE: _______________________________ DATE: ________________________________ DATE: ________________________________ Jason Oosterbeek Vice President 8/17/2022 _________________________________________________________ sigggggnannnnture) 503 STATE OF NORTH CAROLINA COUNTY OF MECKLENBURG EIGHTH AMENDMENT TO THE AGREEMENT TO PROVIDE EQUIPMENT RENTALS AND RELATED PRODUCTS AND SERVICES THIS EIGHTH AMENDMENT TO THE AGREEMENT TO PROVIDE EQUIPMENT RENTALS AND RELATED PRODUCTS AND SERVICES (this “Eighth Amendment”) is made and entered into this VW of 'HFHPEHU2022, by and between Herc Rentals, Inc., a Florida corporation doing business in North Carolina (the "Company"), and the City of Charlotte, a North Carolina municipal corporation (the "City"). Statement of Background and Intent A. The City of Charlotte and the Company entered into an Agreement for Equipment Rentals and Related Products and Services dated November 1, 2018 (the “Contract”) pursuant to which the Company agreed to provide Equipment Rentals and Related Products and Services for the City of Charlotte. B. The parties amended the Contract on July 15, 2019 to incorporate an updated equipment list and gold and platinum pricing schedules. C. The parties amended the Contract on January 1, 2020 to incorporate an updated equipment list and gold and platinum pricing schedules. D. The parties amended the Contract January 1, 2021 to incorporate an updated equipment list and gold and platinum pricing schedules and the option to recover any administrative or contract fees imposed by any Participating Public Agency. E. The parties amended the Contract on August 23, 2021 to replace the Pricing Schedules with the addition of new equipment. F. The parties amended the Contract on January 1, 2022 to make adjustments to unit pricing, to replace the Commercial Non-Discrimination clause and to incorporate certain other changes. G. The parties amended the Contract on February 1, 2022 to delete and replace the CBI Form 4 documents. H. The parties amended the Contract on July 20, 2022 to incorporate an updated equipment list and gold and platinum pricing schedules, to add a CBI Form 4 and to incorporate certain other changes. I. The parties now desire to amend the Contract to extend the Term of the Contract by the first of two (2) two-year renewal terms, to incorporate an updated equipment list and gold and platinum pricing schedules, and to incorporate updated discount schedules for equipment purchases. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereby agree to the following: AGREEMENT 1. The terms of the Contract are restated by and incorporated into this Eighth Amendment by reference. Contract#: 2019000318 Amendment#: 8 Vendor#: 20941 1 504 2. Defined terms used in this Eighth Amendment shall have the same meaning as are assigned to such terms in the Contract. 3. This Eighth Amendment extends the Term of the Contract by the first of two (2) two-year renewal terms to expire on October 31, 2025. 4. The Pricing Schedules in Exhibit A of the Contract is hereby replaced in its entirety due to the addition of new category class equipment and price increases which are attached as Exhibit A.4. 5. The Discount Schedule for New Equipment is hereby updated and attached as Attachment A.1. 6. The Discount Schedule for Used Equipment is hereby updated and attached as Attachment A.2. 7. Except to the extent specifically provided above, this amendment shall not be interpreted or construed as waiving any rights, obligations, remedies, or claims the parties may otherwise have under the Contract. 8. In all other respects and except as modified herein, the terms of the Contract shall remain in force and effect. [Signature Page Follows] Contract#: 2019000318 Amendment#: 8 Vendor#: 20941 2 505 506 ŝŐŝƚĂůŽŶƚƌĂĐƚZŽƵƚŝŶŐ&Žƌŵ EŽŶͲŶĐƵŵďĞƌĞĚ ĂƚĞ^ƵďŵŝƚƚĞĚ͗ ^ƵďŵŝƚƚĞĚďLJ͗ ^ƵďŵŝƚƚĞƌĞŵĂŝů͗ ŽŶƚƌĂĐƚη͗ ŵĞŶĚŵĞŶƚη͗ ŽŶƚƌĂĐƚEĂŵĞ͗ sĞŶĚŽƌ>ĞŐĂůEĂŵĞ͗ sĞŶĚŽƌη͗ dŚĞĨŽůůŽǁŝŶŐƐŝŐŶĂƚƵƌĞƐ͕ŽŶĐĞĐŽŵƉůĞƚĞĚ͕ƐŚĂůůďĞŝŶĐŽƌƉŽƌĂƚĞĚďLJƌĞĨĞƌĞŶĐĞŝŶƚŽƚŚĞĐŽŶƚƌĂĐƚƵĂů ĚŽĐƵŵĞŶƚŝĚĞŶƚŝĨŝĞĚĂďŽǀĞ͘ /dzK&,Z>Kdd͗ KhEd^Wz>͗ ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ dŚŝƐŝŶƐƚƌƵŵĞŶƚŚĂƐďĞĞŶƉƌĞĂƵĚŝƚĞĚŝŶƚŚĞŵĂŶŶĞƌ ƌĞƋƵŝƌĞĚďLJƚŚĞ>ŽĐĂů'ŽǀĞƌŶŵĞŶƚƵĚŐĞƚĂŶĚ&ŝƐĐĂů ŽŶƚƌŽůĐƚ͘ dŚĞĨŽůůŽǁŝŶŐŝŶĚŝǀŝĚƵĂůŚĂƐďĞĞŶĚĞƐŝŐŶĂƚĞĚďLJƚŚĞŝƚLJ͛Ɛ ŚŝĞĨ&ŝŶĂŶĐĞKĨĨŝĐĞƌƚŽWƌĞͲƵĚŝƚƚŚŝƐŽŶƚƌĂĐƚŽŶďĞŚĂůĨ ŽĨƚŚĞŝƚLJ͗ ͺͺͺͺͺͺͺͺͺͺͺ December 19, 2022 Lenore Bishop 2019000318 Equipment Rentals and Related Products and Services Herc Rentals Inc. 20941 lenore.bishop@charlottenc.gov 8 507 GDJI9;K  M C?D<C?DK MM 7?D=GI M M 45M 5M&M"'.5M /(# M (6$58M(M!#60M $%5M !$!#5M5(M5M /!#5M5&M*/&7M ,6*!%5M0$5 M $M/5M*.(653M #M3073M 53M "#5M !"!#5M5(M 5M .!#5M5(M +0)7M -6+!#5M /#5 M "M 15M +/(653M "M 3273M |[]{“9]c|[“%bUcRbUc}“ ]{“bLRU“LcR“Uc|VpUR“]c|e“|[]{“CDE“fY“FGHIJK“ “OŠ“LcR“ OU|…UUc“6WpP“>Xc|La{ “7cP “L“3afp]RM“PephfpL|]ec“Rf]cZ“O{]cW{{“]c“9gr[“)Lqga]cL“|[U“)gbiLcŠ “LcR“|[U“)]|Š“gY“ )[Lpaf|}X “L“9gs[“)Lpfa]dL“b€d]Q]jLa“QfphgpL|]gd“|[U“)]|‹ “ 3J:J?C?EJMH@M:;BAIGLF>M:D>MDJ?DJM &“ '“A[U“*]|‹“gY“*[Lpag~|U“LdR“|[U“+gbjLdŒ“Ud|UpUR“]d|g“Ld“&ZpUUbUd~“Yep“2l]jbUd|“?Ud|La{“LcR“ ?UaL|UR“ ;qgRQ|{“LcR“@Uqƒ]PU{“RL|UR“9gƒUbOUp“ “"“|[U“,gc}pLQ~ “kp{Ld|“|g“…[]Q[“|[U“,gbjLd“LZpUUR“|g“ jpeƒ]RU“2m]hbUd|“?Ud|La{“LdR“>UaL|UR“<pgRQ|{“LdS“@Up„]QU{“Yep“|[U“-]|‹“gY“*[Lpag||U“ ( A[U“iNp|]U{“LbUdRUR“|[U“.gc|pLQ|“gd“8aŽ“! “# “|g“]cQgpjgpL|U“Ld“iRL|UR“Un]ibUc|“a]{|“LcR“ZgaR“LcR kaL|]db“kp]P]dZ“{Q[UR€aU{ + A[U“jLt]U{“LbUcRUS“|[U“/gd|pLQ~“gc“8LcLqŠ“ “ “|g“]cPgpjgpL}U“Ld“kRL|UR“Uo]jbUd~“a]{|“LcR“ZgaR“LcR jaL|]cb“ip]Q]cZ“{Q[URaU{ 1 A[U“jLu]U{“LbUcRUR“|[U“,gc|pLQ~“gd“8Lc‚Lz“ “ “|g“]cQgpkgpL|U“Ld“jRL|UR“Uo]jbUc|“a]{| “ZgaR“LcR iaL|]db“kp]Q]cZ“{Q[URaU{ “LcR“|[U“gh|]gd“|g“pUQgƒUp“Ld“LRb]d]{|pL|]ƒU“gp“Qgd|pLQ|“YUU{“]bkg{UR“O‹“Ld =Lv]P]jL|]dZ“;€Oa]Q“'ZUcPŠ 2 A[U“iLv]U{“LbUdRUR“|[U“-gc~pLQ|“gc“&Z€{|“ “ “}g“pUkaLQU“|[U“;p]Q]dZ“@Q[URaU{“…]|[“~[U“LRR]|]gc“gY dU…“Ul]jbUd| 3 A[U“jLt]U{“LbUdRUR“|[U“/gd|pLQ|“gc“8LdLqŠ“ “ “|g“bL`U“LR_{|bUc|{“|g“€d]~“jp]Q]cZ “|g“pUkaLPU“|[U +gbbUpP]La“9gd 1]{Pp]b]dL|]gc“QaL{U “LdR“|g“]dQgpjgpL|U“QUwL]d“g|[Up“Q[LdZU{ 5 A[U“kLp|]U{“LbUcRUR“|[U“+gd|pLQ|“gd“4UOpLqŠ“ “ “|g“RUaU|U“LdR“pUjaLQU“|[U“)(7“3gpb““RgQbUd|{ 6 A[U“jLp|]U{“LbUdSUR“|[U“+gd|pLQ|“gd“8a‘“ “ “|g“]dPgpjgpL|U“Lc“‚iSL|UR“Uo]hbUd|“a]{|“LdR“ZgaR“LdR iaL|]db“jp]Q]dZ“{Q[URaU{ “LRR“L“)(7“3gpb“ “LcR“]cQgpkgqL|U“QUvL]c“g|[Up“Q[LcZU{ 7 A[U“hLp|]U{“LbUcRUR“|[U“0gd|pLQ|“|g“U‰|UdS“|[U“AUpb“gY“|[U“-gd|pLP|“OŠ“|[U“Y]q{}“gY“|†g“ “|‡g ŠULp“pUdUˆLa |Upb{ “}g“]cQgpigpL|U“Ld“jRL~UR“Ul]ibUc~“a]{|“LcS“ZgaR“LcR“jaL|]cb“ip]P]cZ“{Q[UT‚aU{ “LdR“|g“]cQgpigpL|U iRL|UR“R]{Qg‚c|“{Q[URaU{“Yep“Uo]ibUc|“jpP[L{U{ 8 A[U“jLx]U{“dg…“TU{]pU“|g“LbUdR“|[U“/gd|pLQ|“|g“]dQaRU“LRR]|]gcLa“LRR gd{“{[g…d“]c“2‰[]O]|“&!“LdR“|g ]dQgpjgpL|U“QUtL]c“g|[Up“Q[LdZU{ 9:B “A62>23:>2 “]c“Qgc{]RUpL|]gd“gY“|[U“b|‚La“QgƒUcLc}{“LcR“LZpUUbUc|{“Qgc|L]cUT“[UpU]d “|[U“jLy]U{“[UpUO’“ LZpUU“|g“|[U“Yeaag…]cZ$“   A\U“|Upb{“gY“|[U“*gd|pLQ|“LpU“pU{|L|UR“O‹“LcR“]dQgphgpL|UR“]c|g“|[]{“9]c|[“&bUcRbUd|“O“pUYUpUdQU  1UY^dUR“|Upb{“{UR“]c“|[]{“9]d|[“&bUdRbUd|“{[Laa“[LƒU“~[U“{LbU“bULd]dZ“L{“LpU“L{{]ZcUS“}g“{Q[“~Upb{“]c         !8€cU 508 509 ^ĞĞƚƚĂĐŚŵĞŶƚĞůŽǁ 510                   !" #   $% &   %' ( % "  511 ϭϵ KĐƚŽďĞƌ 512 513 &#('( *  * "!$"!%) *** !# &' * * 6($""6(!6                                                      !6!$"6 6 ) 6 !$6 6    %$ 6       $ 6,,3664++5+ ++ 6,,,,,,6-6 * ** ** $*6!#66  !$$6'"6 )6222 ./.2222222606   !&6 6 $$ 61222222222226+6 $ 61111111111111636 * 3EEº!TTACHMENTº"ELOW 514          ! "#  " #  $%# & "# '( ) (*(% 515 Contract#:2019000318 Amendment#: 11 Vendor#: 20941 HERC RENTALS, INC. 1 AMENDMENT ELEVEN STATE OF NORTH CAROLINA COUNTY OF MECKLENBURG ELEVENTH AMENDMENT TO THE AGREEMENT TO PROVIDE EQUIPMENT RENTALS AND RELATED PRODUCTS AND SERVICES THIS ELEVENTH AMENDMENT TO THE AGREEMENT TO PROVIDE EQUIPMENT RENTALS AND RELATED PRODUCTS AND SERVICES (this “Eleventh Amendment”) is made and entered into this ______ of _____________ 202ϰ, by and between Herc Rentals, Inc., a Florida corporation doing business in North Carolina (the "Company"), and the City of Charlotte, a North Carolina municipal corporation (the "City"). Statement of Background and Intent A. A. The City of Charlotte and the Company entered into an Agreement for Equipment Rentals and Related Products and Services dated November 1, 2018 (the “Contract”) pursuant to which the Company agreed to provide Equipment Rentals and Related Products and Services for the City of Charlotte. B. The parties amended the Contract on July 15, 2019, to incorporate an updated equipment list and gold and platinum pricing schedules. C. The parties amended the Contract on January 1, 2020, to incorporate an updated equipment list and gold and platinum pricing schedules. D. The parties amended the Contract on January 1, 2021, to incorporate an updated equipment list, gold and platinum pricing schedules, and the option to recover any administrative or contract fees imposed by any Participating Public Agency. E. The parties amended the Contract on August 23, 2021, to replace the Pricing Schedules with the addition of new equipment. F. The parties amended the Contract on January 1, 2022, to make adjustments to unit pricing, to replace the Commercial Non-Discrimination clause, and to incorporate certain other changes. G. The parties amended the Contract on February 1, 2022, to delete and replace the CBI Form 4 documents. H. The parties amended the Contract on July 20, 2022, to incorporate an updated equipment list and gold and platinum pricing schedules, add a CBI Form 4, and incorporate certain other changes. I. The parties amended the Contract to extend the Term of the Contract by the first of two (2) two-year renewal terms, to incorporate an updated equipment list and gold and platinum pricing schedules, and to incorporate updated discount schedules for equipment purchases. J. The parties amended the Contract to include additional add-ons shown in Exhibit A.5 and to incorporate certain other changes. K. The parties amended the Contract to incorporate an updated equipment list and gold and platinum pricing schedules as shown in Exhibit A.5 and to incorporate certain other changes. L. The parties now desire to amend the Contract to incorporate service to Hawaii as shown in Exhibit A.6 and to incorporate certain other changes. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereby agree to the following: &ĞďƌƵĂƌLJϮ 516 Contract#:2019000318 Amendment#: 11 Vendor#: 20941 HERC RENTALS, INC. 2 AMENDMENT ELEVEN A G R E E M E N T 1. The terms of the Contract are restated by and incorporated into this Eleventh Amendment by reference. 2. Defined terms used in this Eleventh Amendment shall have the same meaning as are assigned to such terms in the Contract. 3. The Pricing Schedules in Exhibit A of the Contract are hereby updated to include the addition of service to Hawaii including category class equipment and price increases which are attached as Exhibit A.6. 4. Except to the extent specifically provided above, this amendment shall not be interpreted or construed as waiving any rights, obligations, remedies, or claims the parties may otherwise have under the Contract. 5. In all other respects and except as modified herein, the terms of the Contract shall remain in force and effect. [Signature Page Follows] 517 4FF"UUBDINFOU#FMPX 518          !"   #$ %  &'  '()"'"$  519 $XJXVW 520 521 ^ĞĞƚƚĂĐŚŵĞŶƚĞůŽǁ 522               !   " #     #  $% #%&  523 Alternate Contract Source (ACS) No. 518-410-19-ACS For Industrial Equipment and Tool Rental Page 1 of 5 This Contract is between the State of Florida, Department of Management Services (Department), an agency of the State of Florida and Herc Rentals, Inc. (Contractor) at P.O. Box 650280, Dallas, Texas 75265-0280, collectively referred to herein as the “Parties.”This contract covers Industrial Equipment and Tool Rental let by the State of North Carolina, County of Mecklenburg, City of Charlotte for use by state agencies and other entities, as permitted by their own laws, ordinances or rules, located in the Participating State/Entity authorized by that state’s statutes to utilize state/entity contracts with the prior approval of the State’s Chief Procurement Official. The Department is authorized by subsection 287.042(16), Florida Statutes, “to evaluate contracts let by the Federal Government, another state, or a political subdivision for the provision of commodities and contract services, and, if it is determined in writing to be cost-effective and in the best interest of the state, to enter into a written agreement authorizing an agency to make purchases under such contract.” The State of North Carolina, County of Mecklenburg, City of Charlotte acting by and through U.S. Communities (an OMNIA partner), competitively procured Industrial Equipment and Tool Rentals, and signed contract number 2019000318 with the Contractor, attached hereto as Exhibit C (Master Agreement). The Master Agreement is effective November 1, 2018, and terminates on November 1, 2023. Renewal options of two additional years are available. The Department evaluated the Master Agreement, and hereby acknowledges that use of the Master Agreement as an alternative source contract is cost-effective and in the best interest of the State. Accordingly, the Parties agree as follows: 1. Term and Effective Date. The initial term of this Contract will become effective on April 1, 2019 or on the date the document is signed by all Parties, whichever is later, consistent with the Master Agreement, unless terminated earlier in accordance with the Special Contract Conditions or by the Participating State. The contract terminates on November 1, 2023. 2. Renewal. Upon agreement of the Parties, this Contract may be renewed. Renewals must be in writing and are subject to the same terms, conditions, and modifications set forth in this Contract. 524 Alternate Contract Source (ACS) No. 518-410-19-ACS For Industrial Equipment and Tool Rental Page 2 of 5 3. Contract Reporting The Contractor(s) shall report information on orders received from state agencies and eligible users associated with this contract. The Contractor(s) shall submit reports in accordance with the following schedule: Report Period Covered Due dates MFMP Transaction Report Calendar month 10 business days after close of the period Contract Quarterly Sales Report State’s Fiscal Quarter 30 calendar days after close of the period Savings / Price Reductions Annual 10 business days after each action that adjusts prices Diversity Report State Fiscal Year 10 business days after close of the period Preferred Pricing Affidavit Annual Contract anniversary date Proof of Insurance Annual Upon policy renewal 4. Quarterly Sales Reports The Contractor agrees to submit a Quarterly Sales Report (Exhibit E) to the DMS Contract Manager in the format to be provided by the Contract Manager thirty (30) business days after the close of the State Fiscal quarter (September 30, December 31, March 31, and June 30). Additional changes may be requested and implemented by the DMS Contract Manager after award and during the life of the Participating Addendum. The Quarterly Sales Report format can be found at this link: https://www.dms.myflorida.com/business_operations/state_purchasing/vendor_resource s/vendor_sales_report_format Reports must be submitted in MS Excel format. The report will include all sales (orders) from Customers received (associated with this Participating Addendum) during the period. Initiation and submission of the Sales Report is the responsibility of the Contractor without prompting or notification from the DMS Contract Manager. If no orders are received during the period, the Contractor must submit a report stating that there was no activity. Failure to provide quarterly sales reports, within thirty (30) business days following the end of each quarter (January, April, July, and October) may result in the Contractor being found in default and may cause termination of the Participating Addendum. Quarterly submissions of the Quarterly Sales Form shall be the responsibility of the Contractor without prompting or notification by the Contract Manager. The Contractor shall submit the completed reports and send by email to the Contract Manager. A sample Quarterly Sales Report form is attached as Exhibit E. 525 Alternate Contract Source (ACS) No. 518-410-19-ACS For Industrial Equipment and Tool Rental Page 3 of 5 5. Diversity Report The Contractor(s) shall report to each Customer (ordering entity), spend with certified and other minority business enterprises. These reports shall include the period covered, the name, minority code and Federal Employer Identification Number of each minority business utilized during the period, commodities and services provided by the minority business enterprise, and the amount paid to each minority business on behalf of each purchasing agency ordering under the terms of this Contract. In addition, the Department may require additional Contract sales information such as copies of purchase orders, or ad hoc sales reports. The Contractor(s) shall submit these specific ad hoc requests within the specified amount of time as requested by the Department. 6. Ad-hoc Report The Contractor(s) is required to submit ad hoc reports within the specified amount of time as requested by the Department. 7. Business Review Meetings In order to maintain the partnership between the Department and the Contractor(s), each quarter the Department may request a business review meeting. The business review meeting may include, but is not limited to, the following: x Successful completion of deliverables x Review of the Contractor(s)’s performance x Review of minimum required reports x Addressing of any elevated Customer issues x Review of continuous improvement ideas that may help lower total costs and/or improve business efficiencies. 8. Financial Consequences The Department will review the Contractor(s)’s performance and assess financial consequences for failure to meet minimum targets below. Performance Metric Description Minimum Performance Target Calculation Financial Consequences for Non- Performance; Per Occurrence Report Submission (Measured by State Purchasing) Measures whether the Contractor(s) submits required reports to the Department’s Contract Manager by specified deadlines Per quarter Date of report submission $100 526 Alternate Contract Source (ACS) No. 518-410-19-ACS For Industrial Equipment and Tool Rental Page 4 of 5 9. Modifications or Additions to Master Agreement. As used in this document, Contract (whether or not capitalized) shall, unless the context requires otherwise, mean this document and all incorporated Exhibits, which set forth the entire understanding of the Parties and supersedes all prior agreements. All modifications to this Contract must be in writing and signed by all Parties. Amendments to the Master Agreement will be automatically incorporated into this Contract. All Exhibits attached or listed below are incorporated in their entirety into, and shall form part of this Contract. Exhibit A modifies or supplements the terms and conditions of the Master Agreement. The Parties agree that these modifications or additions shall apply to actions between the Contractor and the State of Florida (including participating Florida agencies and eligible users). In the event of a conflict, the following order of precedence shall apply: a) This Contract and amendments, with the latest issued having priority. b) Exhibit A: Special Contract Conditions (Florida) c) Exhibit B: State of Florida Price Sheet d) Exhibit C: Master Agreement US Communities Where the laws and regulations of a state other than the State of Florida are cited or referenced in the Master Agreement, such citation or reference shall be replaced by the comparable Florida law or regulation. 10. Purchase Orders. Upon execution of this Contract, Customers, as defined in Section 1.1 of the Special Contract Conditions (Exhibit A), may purchase products and services under this Contract using this State of Florida ACS number 518-410-19-ACS Customers acknowledge and agree to be bound by the terms and conditions of the Master Agreement except as otherwise specified in this Contract and its Exhibits. 11. Primary Contacts Department’s Contract Manager: Gerriod Griffin Division of State Purchasing Florida Department of Management Services 4050 Esplanade Way, Suite 360 Tallahassee, Florida 32399-0950 Telephone: (850) 487-9847 Email: Gerriod.griifin@dms.myflorida.com 527 Alternate Contract Source (ACS) No. 518-410-19-ACS For Industrial Equipment and Tool Rental Page 5 of 5 Contractor’s Contract Manager: Miguel Mejias Marketing Rep Florida Region 5725 Adamo Drive Tampa, Florida 33619 866-895-1935 Email: miguel.mejias@hercrentals.com 12. Warranty of Authority Each person signing this document warrants that he or she is duly authorized to do so and to bind the respective party. 13. Entire Agreement of the Parties This document and the attached exhibits constitute the ACS and the entire understanding of the Parties. Any amendments hereto must be in writing and signed by the Parties. IN WITNESS THEREOF, the Parties hereto have caused this agreement, which includes the attached and incorporated Exhibits, to be executed by their undersigned officials as duly authorized. This agreement is not valid and binding until signed and dated by the Parties. HERC RENTALS, INC. STATE OF FLORIDA, DEPARTMENT OF MANAGEMENT SERVICES _____________________________ _______________________________ Rosalyn Ingram Director of State Purchasing and Chief Procurement Officer _____________________________ _______________________________ Date: Date: Attachments: Exhibit D: Preferred Pricing Affidavit Exhibit E: Quarterly Sales Report Attachment: FL Master Intergovernmental Cooperative Purchasing Agreement Attachment: Vendor Information Form 528 529 EXHIBIT A Industrial Equipment and Tool Rental 518-410-19-ACS 1 SPECIAL CONTRACT CONDITIONS Table of Contents SECTION 1. DEFINITION.............................................................................................2 SECTION 2. CONTRACT TERM AND TERMINATION. ................................................2 SECTION 3. PAYMENT AND FEES. ............................................................................3 SECTION 4. CONTRACT MANAGEMENT. ..................................................................4 SECTION 5. COMPLIANCE WITH LAWS.....................................................................6 SECTION 6. MISCELLANEOUS...................................................................................8 SECTION 7. WORKERS’ COMPENSATION AND GENERAL LIABILITY INSURANCE, AND INDEMNIFICATION .............................................................................................9 SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT AND INTELLECTUAL PROPERTY.............................................................................10 SECTION 9. DATA SECURITY AND SERVICES........................................................12 SECTION 10. GRATUITIES, LOBBYING, AND COMMUNICATIONS..........................14 SECTION 11. CONTRACT MONITORING..................................................................14 SECTION 12. CONTRACT AUDITS. 16 SECTION 13. BACKGROUND SCREENING AND SECURITY....................................17 SECTION 14. INFORMATION TECHNOLOGY...........................................................18 In accordance with Rule 60A-1.002(5), F.A.C., Form PUR 1000 is included herein by reference, but is superseded in its entirety by these Special Contract Conditions. 530 EXHIBIT A Industrial Equipment and Tool Rental 518-410-19-ACS 2 SECTION 1. DEFINITION. The following definition applies in addition to the definitions in Chapter 287, Florida Statutes, (F.S.) and rule Chapter 60A-1, Florida Administrative Code (F.A.C.): 1.1 Customer. The agency or eligible user that purchases commodities or contractual services pursuant to the Contract. SECTION 2. CONTRACT TERM AND TERMINATION. 2.1 Initial Term. The initial term will begin on the date set forth in the Contract documents or on the date the Contract is signed by all Parties, whichever is later. 2.2 Renewal. Upon written agreement, the Department and the Contractor may renew the Contract in whole or in part only as set forth in the Contract documents, and in accordance with section 287.057(13), F.S. 2.3 Suspension of Work and Termination. 2.3.1 Suspension of Work. The Department may, at its sole discretion, suspend any or all activities under the Contract, at any time, when it is in the best interest of the State of Florida to do so. The Customer may suspend a resulting contract or purchase order, at any time, when in the best interest of the Customer to do so. The Department or Customer will provide the Contractor written notice outlining the particulars of suspension. Examples of a reason for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, the Contractor must comply with the notice and w ill cease the activities associated with any active or new purchase orders. Within ninety (90) calendar days, or any longer period agreed to by the Contractor, the Department or Customer will either (1) issue a notice authorizing resumption of work, at which time activity will resume, or (2) terminate the Contract or purchase order. Suspension of work will not entitle the Contractor to any additional compensation. 2.3.2 Termination for Convenience. The Contract may be terminated by the Department in whole or in part at any time, in the best interest of the State of Florida. If the Contract is terminated before performance is completed, the Contractor will be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the Contract price as the amount of work satisfactorily performed. All work in progress will become the property of the Customer and will be turned over promptly by the Contractor. 2.3.3 Termination for Cause. If the performance of the Contractor is not in compliance with the Contract requirements or the Contractor has defaulted, the Department may: (a) immediately terminate the 531 EXHIBIT A Industrial Equipment and Tool Rental 518-410-19-ACS 3 Contract; (b) notify the Contractor of the noncompliance or default and require correction within a specified time, otherwise the Contract will terminate at the end of such time; or (c) take other action deemed appropriate by the Department. SECTION 3. PAYMENT AND FEES. 3.1 Pricing. The Contractor will not exc eed the pricing set forth in the Contract documents. 3.2 Price Decreases. The following price decrease terms will apply to the Contract: (a) Preferred Pricing. Consistent with the goals of section 216.0113, F.S., Contractor acknowledges and recognizes that the Department wants to take advantage of any improvements in pricing over the course of the Contract period. To that end, the pricing indicated in this Contract is a maximum guarantee under the terms of this clause. Contractor’s pricing will not exceed the pricing offered under comparable contracts. Comparable contracts are those which are similar in size, scope, and terms. Contractor must annually submit an affidavit from an authorized representative attesting that the Contract is in compliance with this clause. (b) Sales Promotions. In addition to decreasing prices for the balance of the Contract term due to a change in market conditions, the Contractor may conduct sales promotions involving price reductions for a specified lesser period. The Contractor must submit documentation identifying the proposed (1) starting and ending dates of the promotion, (2) commodities or contractual services involved, and (3) promotional prices compared to then-authorized prices. 3.3 Payment Invoicing. The Contractor will be paid upon submission of invoices to the Customer after delivery and acceptance of commodities or contractual services is confirmed by the Customer. Invoices must contain detail sufficient for an audit and contain the Contract Number and the Contractor’s Federal Employer Identification Number. 3.4 Purchase Order. A Customer may use purchase orders to buy commodities or contractual services pursuant to the Contract. If applicable, the Contractor must provide commodities or contractual services pursuant to purchase orders. The purchase order period of performance survives the expiration of the Contract. The duration of purchase orders must not exceed the expiration of the Contract by more than twelve (12) months. 3.5 Travel. Travel expenses are not reimbursable unless specifically authorized by the Customer in writing, and may be reimbursed only in accordance with section 112.061, F.S. 3.6 Annual Appropriation. Pursuant to section 287.0582, F.S., if the Contract binds the State of Florida or an agency for the purchase of services or tangible personal property for a period in excess 532 EXHIBIT A Industrial Equipment and Tool Rental 518-410-19-ACS 4 of one fiscal year, the State of Florida’s performance and obligation to pay under the Contract is contingent upon an annual appropriation by the Legislature. 3.7 Transaction Fees. The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system pursuant to section 287.057(22), F.S. All payments issued by Customers to registered Vendors for purchases of commodities or contractual services will be assessed Transaction Fees as prescribed by rule 60A-1.031, F.A.C., or as may otherwise be established by law. Vendors must pay the Transaction Fees and agree to automatic deduction of the Transaction Fees when automatic deduction becomes available. Vendors will submit any monthly reports required pursuant to the rule. All such reports and payments will be subject to audit. Failure to comply with the payment of the Transaction Fees or reporting of transactions will constitute grounds for declaring the Vendor in default and subject the Vendor to exclusion from business with the State of Florida. 3.8 Taxes. Taxes, customs, and tariffs on commodities or contractual services purchased under the Contract will not be assessed against the Customer unless authorized by Florida law. 3.9 Return of Funds. Contractor will return any overpayments due to unearned funds or funds disallowed pursuant to the terms of the Contract that were disbursed to the Contractor. The Contractor must return any overpayment within forty (40) calendar days after either discovery by the Contractor, its independent auditor, or notification by the Department or Customer of the overpayment. SECTION 4. CONTRACT MANAGEMENT. 4.1 Composition and Priority. The Contractor agrees to provide commodities or contractual services to the Customer as specified in the Contract. Additionally, the terms of the Contract supersede the terms of any and all prior agreements between the Parties. 4.2 Notices. All notices required under the Contract must be delivered to the designated Contract Manager by certified mail, return receipt requested; reputable air courier service; email; personal delivery; or as otherwise identified by the Department. 4.3 Department’s Contract Manager. The Department’s Contract Manager, who is primarily responsible for the Department’s oversight of the Contract, will be provided in a separate writing to the Contractor upon Contract signing in the following format: Gerriod Griffin Division of State Purchasing Florida Department of Management Services 4050 Esplanade Way, Suite 360 Tallahassee, Florida 32399-0950 533 EXHIBIT A Industrial Equipment and Tool Rental 518-410-19-ACS 5 Telephone: (850) 487-9847 Email: Gerriod.griifin@dms.myflorida.com In the event that the Department changes the Contract Manager, the Department will notify the Contractor. Such a change does not require an amendment to the Contract. 4.4 Contractor’s Contract Manager. The Contractor’s Contract Manager, who is primarily responsible for the Contractor’s oversight of the Contract performance, will be provided in a separate writing to the Department upon Contract signing in the following format: Miguel Mejias Marketing Rep Florida Region 5725 Adamo Drive Tampa, Florida 33619 866-895-1935 Email: miguel.mejias@hercrentals.com In the event that the Contractor changes its Contract Manager, the Contractor will notify the Department. Such a change does not require an amendment to the Contract. 4.5 Diversity Reporting. The State of Florida supports its diverse business community by creating opportunities for woman-, veteran-, and minority-owned small business enterprises to participate in procurements and contracts. The Department encourages supplier diversity through certification of woman-, veteran-, and minority-owned small business enterprises, and provides advocacy, outreach, and networking through regional business events. For additional information, please contact the Office of Supplier Diversity (OSD) at osdinfo@dms.myflorida.com. Upon request, the Contractor will report to the Department its spend with business enterprises certified by the OSD. These reports must include the time period covered, the name and Federal Employer Identification Number of each business enterprise utilized during the period, commodities and contractual services provided by the business enterprise, and the amount paid to the business enterprise on behalf of each Department purchasing under the Contract. 4.6 RESPECT. Subject to the agency determination provided for in section 413.036, F.S., the following statement applies: IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES THAT ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM A NONPROFIT AGENCY FOR THE BLIND OR FOR THE SEVERELY HANDICAPPED THAT IS QUALIFIED PURSUANT TO CHAPTER 413, FLORIDA STATUTES, IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 413.036(1) AND (2), FLORIDA STATUTES; AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL 534 EXHIBIT A Industrial Equipment and Tool Rental 518-410-19-ACS 6 BE DEEMED TO BE SUBSTITUTED FOR THE STATE AGENCY INSOFAR AS DEALINGS WITH SUCH QUALIFIED NONPROFIT AGENCY ARE CONCERNED. Additional information about RESPECT and the commodities or contractual services it offers is available at http://www.respectofflorida.org. 4.7 PRIDE. Subject to the agency determination provided for in sections 287.042(1) and 946.515, F.S., the following statement applies: IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES WHICH ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM THE CORPORATION IDENTIFIED UNDER CHAPTER 946, F.S., IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 946.515(2) AND (4), F.S.; AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THIS AGENCY INSOFAR AS DEALINGS WITH SUCH CORPORATION ARE CONCERNED. Additional information about PRIDE and the commodities or contractual services it offers is available at http://www.pride-enterprises.org. SECTION 5. COMPLIANCE WITH LAWS. 5.1 Conduct of Business. The Contractor must comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and authority. For example, the Contractor must comply with section 274A of the Immigration and Nationality Act, the Americans with Disabilities Act, Health Insurance Portability and Accountability Act, if applicable, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran’s status. Pursuant to subsection 287.058(1), F.S., the provisions of subparagraphs 287.058(1)(a)- (c), and (g), F.S., are hereby incorporated by reference, to the extent applicable. 5.2 Dispute Resolution, Governing Law, and Venue. Any dispute concerning performance of the Contract shall be decided by the Department's designated Contract Manager, who will reduce the decision to writing and serve a copy on the Contractor. The decision of the Contract Manager shall be final and conclusive. Exhaustion of this administrative remedy is an absolute condition precedent to the Contractor's ability to pursue legal action related to the Contract or any other form of dispute resolution. The laws of the State of Florida govern the Contract. The Parties submit to the jurisdiction of the courts of the State of Florida exclusively for any legal action related to the Contract. Further, the Contractor hereby waives any and all privileges and rights relating to venue it may have under Chapter 47, F.S., and any and all such venue privileges and rights it may have under any other statute, rule, or case law, including, but not limited to those based on convenience. The Contractor hereby submits to venue in the county chosen by the Department. 535 EXHIBIT A Industrial Equipment and Tool Rental 518-410-19-ACS 7 5.3 Department of State Registration. Consistent with Chapters 605 through 623, F.S., the Contractor and any subcontractors that assert status, other than a sole proprietor, must provide the Department with conclusive evidence of a certificate of status, not subject to qualification, if a Florida business entity, or of a certificate of authorization if a foreign business entity. 5.4 Suspended, Convicted and Discriminatory Vendor Lists. In accordance with sections 287.042, 287.133, and 287.134, F.S., an entity or affiliate who is on the Suspended Vendor List, Convicted Vendor List or the Discriminatory Vendor List may not perform work as a contractor, supplier, subcontractor, or consultant under the Contract. The Contractor must notify the Department if it or any of its suppliers, subcontractors or consultants have been placed on the Suspended Vendor List, Convicted Vendor List or the Discriminatory Vendor List during the term of the Contract. 5.5 Contractor Certification. If the Contract exceeds $1,000,000.00 in total, not including renewal years, Contractor certifies that it is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List created pursuant to sections 215.4725, F.S., and 215.473, F.S., respectively. Pursuant to section 287.135(3), F.S., and 287.135(5), F.S., Contractor agrees the Department may immediately terminate the Contract for cause if the Contractor is found to have submitted a false certification or if Contractor is placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel during the term of the Contract. 5.6 Cooperation with Inspector General and Records Retention. Pursuant to subsection 20.055(5), F.S., Contractor, and any subcontractor to the Contractor, understand and will comply with their duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. Upon request of the Inspector General or any other authorized State official, the Contractor must provide any information the Inspector General deems relevant to the Contractor's integrity or responsibility. Such information may include, but will not be limited to, the Contractor's business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The Contractor will retain such records for five years after the expiration of the Contract, or the period required by the General Records Schedules maintained by the Florida Department of State, at the Department of State’s Records Management website, whichever is longer. The Contractor agrees to reimburse the State of Florida for the reasonable costs of investigation incurred by the Inspector General or other authorized State of Florida official for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the State of Florida which results in the suspension or debarment of the Contractor. Such costs will include, but will not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. 5.7 Inspection. 536 EXHIBIT A Industrial Equipment and Tool Rental 518-410-19-ACS 8 Section 215.422, F.S., provides that agencies have five (5) working days, unless the contract specifies otherwise, to inspect and approve commodities or contractual services. Items may be tested for compliance with specifications. Items delivered not conforming to specifications may be rejected and returned at the Contractor’s expense. Interest penalties for late payment are also limited according to section 215.422, F.S. SECTION 6. MISCELLANEOUS. 6.1 Subcontractors. The Contractor will not subcontract any work under the Contract without prior written consent of the Department. The Contractor is fully responsible for satisfactory completion of all its subcontracted work. The Department supports diversity in its procurements and contracts, and requests that Contractor offer subcontracting opportunities to certified woman-, veteran-, and minority-owned small businesses. The Contractor may contact the OSD at osdhelp@dms.myflorida.com for information on certified small business enterprises available for subcontracting opportunities. 6.2 Assignment. The Contractor will not sell, assign, or transfer any of its rights, duties, or obligations under the Contract without the prior written consent of the Department. However, the Contractor may waive its right to receive payment and assign same upon notice to the Department. In the event of any assignment, the Contractor remains responsible for performance of the Contract, unless such responsibility is expressly waived by the Department. The Department may assign the Contract with prior written notice to the Contractor. 6.3 Independent Contractor. The Contractor and its employees, agents, representatives, and subcontractors are independent contractors and not employees or agents of the Department and are not entitled to State of Florida benefits. The Department will not be bound by any acts or conduct of the Contractor or its employees, agents, representatives, or subcontractors. The Contractor agrees to include this provision in all of its subcontracts under the Contract. 6.4 Risk of Loss. Matters of inspection and acceptance are addressed in section 215.422, F.S. Until acceptance, risk of loss or damage will remain with the Contractor. The Contractor will be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer will: record any evidence of visible damage on all copies of the delivering carrier’s Bill of Lading; report damages to the carrier and the Contractor; and provide the Contractor with a copy of the carrier’s Bill of Lading and damage inspection report. When a Customer rejects a commodity, Contractor will remove the commodity from the premises within ten (10) calendar days after notification of rejection, and the risk of loss will remain with the Contractor. Commodities not removed by the Contractor within ten (10) calendar days will be deemed abandoned by the Contractor and the Customer will have the right to dispose of such commodities. Contractor will reimburse the Customer for costs and expenses incurred in storing or effecting removal or disposition of rejected commodities. 537 EXHIBIT A Industrial Equipment and Tool Rental 518-410-19-ACS 9 6.5 Safety Standards. Performance of the Contract for all commodities or contractual services must comply with requirements of the Occupational Safety and Health Act and other applicable State of Florida and federal requirements. 6.6 Ombudsman. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this office are found in section 215.422, F.S., which include disseminating information relative to prompt payment and assisting contractors in receiving their payments in a timely manner from a Customer. The Vendor Ombudsman may be contacted at (850) 413-5516. 6.7 Time is of the Essence. Time is of the essence regarding each and every obligation of the Contractor under the Contract. Each obligation is deemed material, and a breach of any such obligation (including a breach resulting from untimely performance) is a material breach. 6.8 Waiver. The delay or failure by the Department or the Customer to exercise or enforce any rights under the Contract will not constitute waiver of such rights. 6.9 Modification and Severability. The Contract may only be modified by written agreement between the Department and the Contractor. Should a court determine any provision of the Contract is invalid, the remaining provisions will not be affected, and the rights and obligations of the Parties will be construed and enforced as if the Contract did not contain the provision held invalid. 6.10 Cooperative Purchasing. Agencies wishing to make purchases under this Contract are required to follow the requirements of section 287.042(16) or 287.057(3) (b), F.S., and rule 60A-1.045, F.A.C. These provisions require the Department to determine that the requesting agency’s use of the Contract is cost-effective and in the best interest of the State. Pursuant to their own governing laws, and subject to the agreement of the Contractor, government entities may make purchases under the terms and conditions contained herein, if agreed to by Contractor. Non-Customer purchases are independent of the Contract between the Department and the Contractor. The Department is not a party to any transaction between the Contractor and any purchaser. SECTION 7. WORKERS’ COMPENSATION AND GENERAL LIABILITY INSURANCE, AND INDEMNIFICATION 7.1 Workers’ Compensation Insurance. To the extent required by law, the Contractor must be self-insured against, or must secure and maintain during the life of the contract, Worker’s Compensation Insurance for all its employees connected with the work of this project, and in case any work is subcontracted, the Contractor must require the subcontractor similarly to provide Worker’s Compensation Insurance for all of the latter’s employees unless such 538 EXHIBIT A Industrial Equipment and Tool Rental 518-410-19-ACS 10 employees engaged in work under the resulting contract are covered by the Contractor’s insurance program. Self-insurance or insurance coverage must comply with the Florida Worker’s Compensation law. In the event hazardous work is being performed by the Contractor under the resulting contract and any class of employees performing the hazardous work is not protected under Worker’s Compensation statutes, the Contractor must provide, and cause each subcontractor to provide adequate insurance satisfactory to the Department for the protection of employees not otherwise protected. 7.2 General Liability Insurance. The Contractor must secure and maintain Commercial General Liability Insurance, including bodily injury, property damage, products, personal & advertising injury, and completed operations. This insurance must provide coverage for all claims that may arise from the services and/or operations completed under the Contract, whether such services or operations are by the Contractor or anyone directly or indirectly employed by them. Such insurance must include the State of Florida as an additional named insured for the entire length of the resulting contract. The Contractor is responsible for determining the minimum limits of liability necessary to provide reasonable financial protections to the Contractor and the State of Florida under the resulting contract. All insurance policies must be with insurers licensed or eligible to transact business in the State of Florida. The Contractor must submit via email, to the Department’s contract manager, insurance certificates evidencing such insurance coverage prior to execution of a contract with the Department and provide Department notice of any cancellation or nonrenewal at least ten (10) calendar days prior to cancellation or nonrenewal. 7.3 Indemnification. To the extent permitted by Florida law, the Contractor agrees to indemnify, defend, and hold the Department, the Customer, and the State of Florida, its officers, employees, and agents harmless from all fines, claims, assessments, suits, judgments, or damages, including consequential, special, indirect, and punitive damages, including court costs and attorney’s fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret, or intellectual property right or out of any acts, actions, breaches, neglect, or omissions of the Contractor, its employees, agents, subcontractors, assignees, or delegates related to the Contract, as well as for any determination arising out of or related to the Contract that the Contractor or Contractor’s employees, agents, subcontractors, assignees, or delegates are not independent contractors in relation to the Department. The Contract does not constitute a waiver of sovereign immunity or consent by the Department or the State of Florida or its subdivisions to suit by third parties. Without limiting this indemnification, the Department or Customer may provide the Contractor (1) written notice of any action or threatened action, (2) the opportunity to take over and settle or defend any such action at Contractor’s sole expense, and (3) assistance in defending the action at Contractor’s sole expense. SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT AND INTELLECTUAL PROPERTY. 539 EXHIBIT A Industrial Equipment and Tool Rental 518-410-19-ACS 11 8.1 Public Records. The Department may unilaterally cancel this Contract for refusal by the Contractor to comply with this section by not allowing access to all public records, as defined in Chapter 119, Florida Statutes, made or received by the Contractor in conjunction with the Contract. Pursuant to section 119.0701(2) (a), F.S., for contracts for services with a contractor acting on behalf of a public agency, as defined in section 119.011(2), F.S., the following applies: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT THE TELEPHONE NUMBER, EMAIL ADDRESS AND MAILING ADDRESS PROVIDED IN THE RESULTING CONTRACT OR PURCHASE ORDER. Pursuant to section 119.0701(2)(b), F.S., for contracts for services with a contractor acting on behalf of a public agency as defined in section 119.011(2), F.S., the Contractor shall: (a) Keep and maintain public records required by the public agency to perform the service. (b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law for the duration of the contract term and following the completion of the Contract if the contractor does not transfer the records to the public agency. (d) Upon completion of the Contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. 8.2 Protection of Trade Secrets or Confidential Information. If the Contractor considers any portion of materials made or received in the course of performing the Contract (“contract-related materials”) to be trade secret under section 688.002 or 812.081, F.S., or otherwise confidential under Florida or federal law, the 540 EXHIBIT A Industrial Equipment and Tool Rental 518-410-19-ACS 12 Contractor must clearly designate that portion of the materials as trade secret or otherwise confidential when submitted to the Department. The Contractor will be responsible for responding to and resolving all claims for access to contract-related materials it has designated trade secret or otherwise confidential. If the Department is served with a request for discovery of contract-related materials designated by the Contractor as trade secret or otherwise confidential, the Contractor will be responsible for filing the appropriate motion or objection in response to the request for discovery. The Department will provide materials designated trade secret or otherwise confidential if the Contractor fails to take appropriate and timely action to protect the materials designated as trade secret or otherwise confidential. The Contractor will protect, defend, indemnify, and hold harmless the Department for claims, costs, fines, and attorney’s fees arising from or relating to its designation of contract-related materials as trade secret or otherwise confidential. 8.3 Document Management. The Contractor must retain sufficient documentation to substantiate claims for payment under the Contract and all other records, electronic files, papers and documents that were made in relation to this Contract. Contractor must retain all documents related to the Contract for five (5) years after expiration of the Contract, or, if longer, the period required by the General Records Schedules maintained by the Florida Department of State available at the Department of State’s Records Management website. 8.4 Intellectual Property. Unless specifically addressed in the Contract, intellectual property rights to all property created or otherwise developed by the Contractor for the Department or the Customer will be owned by the State of Florida at the completion of the Contract. Any inventions or discoveries developed in the course of or as a result of services performed under the Contract which are patentable pursuant to 35 U.S.C. § 101 are the sole property of the State of Florida. Contractor must inform the Customer of any inventions or discoveries developed or made in connection with the Contract and will be referred to the Florida Department of State for a determination on whether patent protection will be sought for the invention or discovery. The State of Florida will be the sole owner of any and all patents resulting from any invention or discovery made in connection with this contract. Contractor must notify the Department or State of Florida of any publications, artwork, or other copyrightable works developed in connection with the Contract. All copyrights created or developed in connection with the Contract are the sole property of the State of Florida. SECTION 9. DATA SECURITY AND SERVICES. 9.1 Duty to Provide Secure Data. The Contractor will maintain the security of State of Florida data including, but not limited to, a secure area around any displayed visible data. The Contractor w ill also comply with 541 EXHIBIT A Industrial Equipment and Tool Rental 518-410-19-ACS 13 all HIPAA requirements and any other state and federal rules and regulations regarding security of information. 9.2 Warranty of Security. Unless otherwise agreed in writing, the Contractor and its subcontractors will not perform any of the services from outside of the United States, and the Contractor will not allow any State of Florida data to be sent by any medium, transmitted, or accessed outside of the United States. The Contractor agrees that a violation of items listed above will result in immediate and irreparable harm to the Customer and will entitle the Customer to a credit as provided in the Contract documents. This credit is intended only to cover the Customer’s internal staffing and administrative costs as well as the diminished value of services provided under the Contract and will not preclude the Customer from recovering other damages it may suffer as a result of such violation. For purposes of determining the damages due hereunder, a group of violations relating to a common set of operative facts (e.g., same location, same time period, same off-shore entity) will be treated as a single event. A violation of this provision will also entitle the Customer to recover any damages arising from a breach of this section and constitutes an event of default. The Contractor must notify the Department and the Customer as soon as possible, in accordance with the requirements of section 501.171, F.S., if applicable, and in all events within one (1) business day in the event Contractor discovers any data is breached, any unauthorized access of data occurs (even by persons or companies with authorized access for other purposes), any unauthorized transmission of data occurs, or of any credible allegation or suspicion of a material violation of the above. This notification is required regardless of the number of persons or type of data affected. The notification must be clear and conspicuous and include a description of the following: (a) The incident in general terms. (b) The type of information that was subject to the unauthorized access and acquisition. (c) The type and number of entities who were, or potentially have been affected by the breach. (d) The actions taken by the Contractor to protect the data from further unauthorized access. However, the description of those actions in the written notice may be general so as not to further increase the risk or severity of the breach. 9.3 Remedial Measures. Upon becoming aware of an alleged security breach, Contractor’s Contract Manager must set up a conference call with the Department’s and the Customer’s Contract Manager. The conference call invitation must contain a brief description of the nature of the event. When possible, a thirty (30)-minute notice will be given to allow Department personnel to be available for the call. If the designated time is not practical for the Customer, an alternate time for the call will be scheduled. Contractor must share all available information on the call. The Contractor must answer all questions based on the information known at that time and answer additional questions as additional information 542 EXHIBIT A Industrial Equipment and Tool Rental 518-410-19-ACS 14 becomes known. The Contractor must provide the Department and the Customer with final documentation of the incident including all actions that took place. If the Contractor becomes aware of a security breach or security incident outside of normal business hours, the Contractor must notify the Department’s and the Customer’s Contract Manager and in all events, within one business day. 9.4 Indemnification (Breach of Warranty of Security). The Contractor agrees to defend, indemnify, and hold harmless the Department, the Customer, and the State of Florida, its officers, directors, and employees for any claims, suits, or proceedings related to a breach of the Warranty of Security. The Contractor will include credit monitoring services at its own cost for those individuals affected or potentially affected by a breach of this warranty for a two-year period of time following the breach. 9.5 Annual Certification. The Contractor is required to submit an annual certification demonstrating compliance with the Warranty of Security to the Department by December 31 of each Contract year. SECTION 10. GRATUITIES, LOBBYING, AND COMMUNICATIONS. 10.1 Gratuities. The Contractor will not, in connection with this Contract, directly or indirectly (1) offer, give, or agree to give anything of value to anyone as consideration for any State of Florida officer or employee’s decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to anyone anything of value for the benefit of, or at the direction or request of, any State of Florida officer or employee. 10.2 Lobbying. In accordance with sections 11.062 and 216.347, F.S., Contract funds are not for the purpose of lobbying the Legislature, the judicial branch, or the Department. Pursuant to subsection 287.058(6), F.S., the Contract does not prohibit the Contractor from lobbying the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding the Contract, after the Contract execution and during the Contract’s term. 10.3 Communications. Contractor shall not, without first notifying the Department’s Contract Manager and securing the Department’s prior written consent, make public statements which concern the Contract or its subject matter, disclose or permit disclosure of any data or information obtained or furnished in accordance with the Contract, or use any statement attributable to the Department or its employees. Public statements include press releases, publicity releases, promotions, marketing materials, corporate communications, or other similar communications. The Department’s written consent shall not be construed to supersede or waive the Contract requirements imposed on the Contractor to maintain confidential information. SECTION 11. CONTRACT MONITORING. 543 EXHIBIT A Industrial Equipment and Tool Rental 518-410-19-ACS 15 11.1 Performance Standards. The Contractor agrees to perform all tasks and provide deliverables as set forth in the Contract. The Department and the Customer will be entitled at all times, upon request, to be advised as to the status of work being done by the Contractor and of the details thereof. 11.2 Performance Deficiencies and Financial Consequences of Non-Performance. In addition to the processes set forth in the Contract (e.g., service level agreements), if the Department determines that there is a performance deficiency that requires correction by the Contractor, then the Department will notify the Contractor. The correction must be made within a time-frame specified by the Department. The Contractor must provide the Department with a corrective action plan describing how the Contractor will address all performance deficiencies identified by the Department. If the corrective action plan is unacceptable to the Department, or implementation of the plan fails to remedy the performance deficiencies, the Department will retain ten percent (10%) of the total invoice amount. The retainage will be withheld until the Contractor resolves the performance deficiencies. If the performance deficiencies are resolved, the Contractor may invoice the Department for the retained amount. If the Contractor fails to resolve the performance deficiencies, the retained amount will be forfeited in order to compensate the Department for the performance deficiencies. 11.3 Liquidated Damages. The Contractor will promptly notify the Department or the Customer upon becoming aware of any circumstances that may reasonably be expected to jeopardize the timely and successful completion (or delivery) of any commodity or contractual service. The Contractor will use commercially reasonable efforts to avoid or minimize any delays in performance and will inform the Department or the Customer of the steps the Contractor is taking or will take to do so, and the projected actual completion (or delivery) time. If the Contractor believes a delay in performance by the Department or the Customer has caused or will cause the Contractor to be unable to perform its obligations on time, the Contractor will promptly so notify the Department and use commercially reasonable efforts to perform its obligations on time notwithstanding the Department’s delay. The Contractor acknowledges that untimely performance or other material noncompliance will damage the Department, but by their nature such damages are difficult to ascertain. Accordingly, the liquidated damages provisions stated in the Contract documents will apply. Liquidated damages are not intended to be a penalty and are solely intended to compensate for damages. 11.4 Force Majeure, Notice of Delay, and No Damages for Delay. The Contractor will not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the Contractor or its employees or agents contributed to the delay and the delay is due directly to fire, explosion, earthquake, windstorm, flood, radioactive or toxic chemical hazard, war, military hostilities, terrorism, civil emergency, embargo, riot, strike, violent civil unrest, or other similar cause wholly beyond the Contractor’s reasonable control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Contractor. The foregoing does not excuse delay which could have been avoided if the Contractor 544 EXHIBIT A Industrial Equipment and Tool Rental 518-410-19-ACS 16 implemented any risk mitigation required by the Contract. In case of any delay the Contractor believes is excusable, the Contractor will notify the Department in writing of the delay or potential delay and describe the cause of the delay either (1) within ten (10) calendar days after the cause that creates or will create the delay first arose, if the Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is not reasonably foreseeable, within five (5) calendar days after the date the Contractor first had reason to believe that a delay could result. The foregoing will constitute the Contractor’s sole remedy or excuse with respect to delay. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages will be asserted by the Contractor. The Contractor will not be entitled to an increase in the Contract price or payment of any kind from the Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist the Contractor will perform at no increased cost, unless the Department determines, in its sole discretion, that the delay will significantly impair the value of the Contract to the State of Florida or to Customers, in which case the Department may (1) accept allocated performance or deliveries from the Contractor, provided that the Contractor grants preferential treatment to Customers with respect to commodities or contractual services subjected to allocation, or (2) purchase from other sources (without recourse to and by the Contractor for the related costs and expenses) to replace all or part of the commodity or contractual services that are the subject of the delay, which purchases may be deducted from the Contract quantity, or (3) terminate the Contract in whole or in part. SECTION 12. CONTRACT AUDITS. 12.1 Performance or Compliance Audits. The Department may conduct or have conducted performance and/or compliance audits of the Contractor and subcontractors as determined by the Department. The Department may conduct an audit and review all the Contractor’s and subcontractors’ data and records that directly relate to the Contract. To the extent necessary to verify the Contractor’s fees and claims for payment under the Contract, the Contractor’s agreements or contracts with subcontractors, partners or agents of the Contractor, pertaining to this Contract, may be inspected by the Department upon fifteen (15) calendar days’ notice, during normal working hours and in accordance with the Contractor’s facility access procedures where facility access is required. Release statements from its subcontractors, partners or agents are not required for the Department or its designee to conduct compliance and performance audits on any of the Contractor’s contracts relating to this Contract. The State of Florida’s Chief Financial Officer and the Office of the Auditor General also have authority to perform audits and inspections. 12.2 Payment Audit. Records of costs incurred under terms of the Contract will be maintained in accordance with section 8.3 of these Special Contract Conditions. Records of costs incurred will include the Contractor’s general accounting records, together with supporting documents and records of the Contractor and all subcontractors performing work, and all other 545 EXHIBIT A Industrial Equipment and Tool Rental 518-410-19-ACS 17 records of the Contractor and subcontractors considered necessary by the Department, State of Florida’s Chief Financial Officer or the Office of the Auditor General. SECTION 13. BACKGROUND SCREENING AND SECURITY. 13.1 Background Check. The Department may require the Contractor and its employees, agents, representatives, and subcontractors to provide fingerprints and be subject to such background checks as directed by the Department. The cost of the background checks will be borne by the Contractor. The Department may require the Contractor to exclude the Contractor’s employees, agents, representatives or subcontractors based on the background check results. In addition, the Contractor must ensure that all persons have a responsibility to self-report to the Contractor within three (3) calendar days any arrest for any disqualifying offense. The Contractor must notify the Contract Manager within twenty- four (24) hours of all details concerning any reported arrest. The Contractor will ensure that all background screening w ill be refreshed upon the request of the Department for each person during the term of the Contract. 13.2 E-Verify. In accordance with Executive Order 11-116, the Contractor agrees to utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired during the term of the Contract for the services specified in the Contract. The Contractor must also include a requirement in subcontracts that the subcontractor must utilize the E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. In order to implement this provision, the Contractor must provide a copy of its DHS Memorandum of Understanding (MOU) to the Contract Manager within five (5) calendar days of Contract execution. If the Contractor is not enrolled in DHS E-Verify System, it will do so within five (5) calendar days of notice of Contract award, and provide the Contract Manager a copy of its MOU within five (5) calendar days of Contract execution. The link to E-Verify is https://www.uscis.gov/e-verify. Upon each Contractor or subcontractor new hire, the Contractor must provide a statement within five (5) calendar days to the Contract Manager identifying the new hire with its E-Verify case number. 13.3 Disqualifying Offenses. If at any time it is determined that a person has been found guilty of a misdemeanor or felony offense as a result of a trial or has entered a plea of guilty or nolo contendere, regardless of whether adjudication was withheld, within the last six (6) years from the date of the court’s determination for the crimes listed below, or their equivalent in any jurisdiction, the Contractor is required to immediately remove that person from any position with access to State of Florida data or directly performing services under the Contract. The disqualifying offenses are as follows: (a) Computer related crimes (b) Information technology crimes; (c) Fraudulent practices; 546 EXHIBIT A Industrial Equipment and Tool Rental 518-410-19-ACS 18 (d) False pretenses; (e) Frauds; (f) Credit card crimes; (g) Forgery; (h) Counterfeiting; (i) Violations involving checks or drafts; (j) Misuse of medical or personnel records; and (k) Felony theft. 13.4 Confidentiality. The Contractor must maintain confidentiality of all confidential data, files, and records related to the services and/or commodities provided pursuant to the Contract and must comply with all state and federal laws, including, but not limited to sections 381.004, 384.29, 392.65, and 456.057, F.S. The Contractor’s confidentiality procedures must be consistent with the most recent version of the Department security policies, protocols, and procedures. The Contractor must also comply with any applicable professional standards with respect to confidentiality of information. SECTION 14. INFORMATION TECHNOLOGY. The following applies to all contracts for information technology commodities and contractual services. “Information technology” is defined in section 287.012(15), F.S., to have the same meaning as provided in section 282.0041, F.S. 14.1 Limitation of Liability. For all claims against the Contractor under any contract or purchase order, and regardless of the basis on which the claim is made, the Contractor’s liability under a contract or purchase order for direct damages shall be limited to the greater of $250,000, the dollar amount of the contract or purchase order, or two times the charges rendered by the Contractor under the purchase order. This limitation shall not apply to claims arising under the Indemnity paragraph contained in this agreement. Unless otherwise specifically enumerated in the Contract or in the purchase order, no party shall be liable to another for special, indirect, punitive, or consequential damages, including lost data or records (unless the contract or purchase order requires the Contractor to backup data or records), even if the party has been advised that such damages are possible. No party shall be liable for lost profits, lost revenue, or lost institutional operating savings. The State and Department may, in addition to other remedies available to them at law or equity and upon notice to the Contractor, retain such monies from amounts due to the Contractor as may be necessary to satisfy any claim for damages, penalties, costs, and the like asserted by or against them. The State may set off any liability or other obligation of 547 EXHIBIT A Industrial Equipment and Tool Rental 518-410-19-ACS 19 the Contractor or its affiliates to the State against any payments due to the Contractor under any contract with the State. 14.2 Information Technology Standards. Pursuant to sections 282.0051 and 282.318, F.S., the Agency for State Technology (AST) is to establish standards for the implementation and management of information technology resources. Vendors agree to cooperate with the agency in furtherance of its efforts to comply with AST standards, established in Title 74, F.A.C., as applicable. 548 CONTRACT AMENDMENT NO. 2 Contract No. 518-410-19-ACS Contract Name: Industrial Equipment and Tool Rental Rev. 11/2/22 This Contract Amendment No. 2 to Contract No. 518-410-19-ACS is made by Herc Rentals, Inc. , with its principal place of business located at 27500 Riverview Center Blvd., Bonita Springs, FL 34134, WHEREAS, the Parties entered into the Contract, effective on April 1, 2019, for the provision of Industrial Equipment and Tool Rental with an initial termination date of November 1, 2023; WHEREAS, the Master Agreement was renewed for a period of two years, with a new Master Agreement expiration date of October 31, 2025; WHEREAS, the Parties agreed that the Contract may be renewed as provided in Exhibit A, Special Contract Conditions (Florida), Section 2.2, Renewal; WHEREAS, the Parties agreed that the Contract may be amended by mutual agreement as provided in Exhibit A, Special Contract Conditions (Florida), Section 6.9, Modification and Severability; and WHEREAS, the Parties wish to amend the Contract. ACCORDINGLY, and in consideration of the mutual promises contained in the Contract documents, the Parties agree as follows: I. Contract Renewal. The Contract is renewed for a period of two years pursuant to the same terms and conditions except as amended herein, with a new Contract expiration date of October 31, 2025. II. Contract Amendment. Contract Exhibit A, Special Contract Conditions (Florida), is hereby deleted and replaced in its entirety with the attached Exhibit A, Special Contract Conditions (Florida), which is hereby incorporated by reference. III. Contract Amendment. Contract Exhibit B, State of Florida Price Sheet, is hereby deleted and replaced in its entirety with the attached Contract Exhibit B, State of Florida Price Sheet, which is hereby incorporated by reference. IV. Contract Amendment. The attached Contract Exhibit D, Additional Special Contract Conditions (Florida), is hereby added in its entirety and incorporated by reference. V. Contract Amendment. Contract Section 9, Modifications or Additions to the Master Agreement, is hereby replaced in its entirety as follows: 549 CONTRACT AMENDMENT NO. 2 Contract No. 518-410-19-ACS Contract Name: Industrial Equipment and Tool Rental Rev. 11/2/22 As used in this document, Contract (whether or not capitalized) shall, unless the context requires otherwise, mean this document and all incorporated Exhibits, which set forth the entire understanding of the Parties and supersedes all prior agreements. All modifications to the Contract must be in writing and signed by all Parties. Amendments to the Master Agreement will be automatically incorporated into this Contract. All Exhibits attached or listed below are incorporated in their entirety into, and shall form part of this Contract. Exhibits A and D modify or supplement the terms and conditions of the Master Agreement. The Parties agree that these modifications or additions shall apply to actions between the Contractor and the State of Florida (including participating Florida agencies and eligible users). In the event of a conflict, the following order of precedence shall apply: a) This Contract and amendments, with the last issued having priority b) Exhibit D, Additional Special Contract Conditions (Florida) c) Exhibit A, Special Contract Conditions (Florida) d) Exhibit B, State of Florida Price Sheet e) Exhibit C, Master Agreement US Communities Where the laws and regulations of a state other than the State of Florida are cited or referenced in the Master Agreement, such citation or reference shall be replaced by the comparable Florida law or regulation. VI. 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. VII. Conflict. To the extent any of the terms of this Amendment conflict with the terms of the Contract, the terms of this Amendment shall control. VIII. Effect. Unless otherwise modified by this Amendment, all terms and conditions contained in the Contract shall continue in full force and effect. This Amendment is effective when signed by both Parties. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 550 CONTRACT AMENDMENT NO. 2 Contract No. 518-410-19-ACS Contract Name: Industrial Equipment and Tool Rental Rev. 11/2/22 IN WITNESS WHEREOF, the Parties have executed this Amendment by their duly authorized representatives. State of Florida: Department of Management Services Contractor: Herc Rentals, Inc. By: _____________________________ By: _____________________________ Name: Pedro Allende Name: Title: Secretary Title: Date:Date: _____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ 551 1 Exhibit D ADDITIONAL SPECIAL CONTRACT CONDITIONS The Contractor and agencies, as defined in section 287.012, Florida Statutes acknowledge and agree to be bound by the terms and conditions of the Master Contract except as otherwise specified in the Contract, which includes the Special Contract Conditions and these Additional Special Contract Conditions. A. Orders: Contractor must be able to accept the State of Florida Purchasing Card and MyFloridaMarketPlace (MFMP) purchase orders. B. Contractor and Subcontractors, Affiliates, Partners, Resellers, Distributors, and Dealers: By execution of a Contract, the Contractor acknowledges that it will not be released of its contractual obligations to the Department or state agencies because of any failure of an affiliate, partner, subcontractor, reseller, distributor, or dealer. The Contractor is responsible for ensuring that its affiliates, partners, subcontractors, resellers, distributors, and dealers providing commodities and performing services in furtherance of the Contract do so in compliance with the terms and conditions of the Contract. The Contractor is fully responsible for satisfactory completion of all work performed under the Contract. C. Preferred Pricing: It is the responsibility of the Contractor to provide a completed Preferred Pricing Affidavit upon Contract execution and annually thereafter throughout the Contract term in accordance with the Special Contract Conditions. D. Purchases Prerequisites: Contractor must ensure that entities receiving payment directly from Customers under this Contract must have met the following requirements: Have an active registration with the Florida Department of State, Division of Corporations (www.sunbiz.org), or, if exempt from the registration requirements, provide the Department with the basis for such exemption. Be registered in the MFMP Vendor Information Portal (https://vendor. myfloridamarketplace.com). Have a current W-9 filed with the Florida Department of Financial Services (https://flvendor.myfloridacfo.com) E. Punchout Catalog and Electronic Invoicing. The Contractor is encouraged to provide a MFMP punchout catalog. The Contractor will have 90 calendar days to implement a mandatory punchout catalog for this Contract. The punchout catalog provides an alternative mechanism for suppliers to offer the State access to Products awarded under the Contract. The punchout catalog also allows for direct communication between the MFMP eProcurement System and a supplier’s Enterprise Resource Planning (ERP) system, which can reflect real-time Product inventory/availability information. Through utilization of the punchout catalog model, a Florida buyer will “punch out” to a 552 Additional Special Contract Conditions (approved by State Purchasing, 8/12/2021) supplier’s website. Using the search tools on the supplier’s Florida punchout catalog site, the user selects the desired Products. When complete, the user exits the supplier’s punchout catalog site and the shopping cart (full of Products) is “brought back” to MFMP. No orders are sent to a supplier when the user exits the supplier’s punchout catalog site. Instead, the chosen Products are “brought back” to MFMP as line items in a purchase order. The user can then proceed through the normal workflow steps, which may include adding/editing the Products (i.e., line items) in the purchase order. An order is not submitted to a supplier until the user approves and submits the purchase order, at which point the supplier receives an email with the order details. The Contractor may supply electronic invoices in lieu of paper-based invoices for those transactions processed through MFMP. Electronic invoices may be submitted to the agency through one of the mechanisms as listed below: 1) EDI (Electronic Data Interchange) This standard establishes the data contents of the Invoice Transaction Set (810) for use within the context of an Electronic Data Interchange (EDI) environment. This transaction set can be used for invoicing via the Ariba Network (AN) for catalog and non-catalog goods and services. 2) PO Flip via AN This online process allows Contractors to submit invoices via the AN for catalog and non-catalog goods and services. Contractors have the ability to create an invoice directly from their inbox in their AN account by simply "flipping" the PO into an invoice. This option does not require any special software or technical capabilities. The Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third-party provider of MFMP, a State contractor, the right and license to use, reproduce, transmit, distribute, and publicly display within MFMP. In addition, the Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third-party provider the right and license to reproduce and display within MFMP the Contractor's trademarks, system marks, logos, trade dress, or other branding designation that identifies the products made available by the Contractor under the Contract. F. Contract Reporting: The Contractor shall provide the Department the following accurate and complete reports associated with this Contract. 1) Contract Quarterly Sales Reports. The Contractor shall submit complete Quarterly Sales Reports to the Department’s Contract Manager within 30 calendar days after the close of each State fiscal quarter (the State’s fiscal quarters close on September 30, December 31, March 31, and June 30). Reports must be submitted in MS Excel using the DMS Quarterly Sales Report Format, which can be accessed at https://www.dms.myflorida.com/business_operations/_purchasing/vendor_resources/ quarterly_sales_report_format. Initiation and submission of the most recent version of the Quarterly Sales Report posted on the DMS website is the responsibility of the Contractor without prompting or notification from the Department’s Contract Manager. If no orders are received during the quarter, the Contractor must email the DMS Contract Manager confirming there was no activity. 553 Additional Special Contract Conditions (approved by State Purchasing, 8/12/2021) 2) Certified and Minority Business Enterprises Reports. Upon Customer request, the Contractor shall report to each Customer spend with certified and other minority business enterprises in the provision of commodities or services related to the Customer orders. These reports shall include the period covered; the name, minority code, and Federal Employer Identification Number of each minority business enterprise utilized during the period; commodities and services provided by the minority business enterprise; and the amount paid to each minority business enterprise on behalf of the Customer. 3) Ad Hoc Sales Reports. The Department may require additional Contract sales information such as copies of purchase orders or ad hoc sales reports. The Contractor shall submit these documents and reports in the format acceptable to the Department and within the timeframe specified by the Department. 4) MFMP Transaction Fee Reports. The Contractor shall submit complete monthly MFMP Transaction Fee Reports to the Department. Reports are due 15 calendar days after the end of each month. Information on how to submit MFMP Transaction Fee Reports online can be located at https://www.dms.myflorida.com/business_operations/state_/myfloridamarketplace/mf mp_vendors/transaction_fee_and_reporting . Assistance with transaction fee reporting is also available by email at feeprocessing@myfloridamarketplace.com or telephone at 866-FLA-EPRO (866-352-3776) from 8:00 a.m. to 6:00 p.m. Eastern Time. G. Financial Consequences: The Department reserves the right to impose financial consequences when the Contractor fails to comply with the requirements of the Contract. The following financial consequences will apply for the Contractor’s non-performance under the Contract. The Customer and the Contractor may agree to add additional Financial Consequences on an as-needed basis beyond those stated herein to apply to that Customer’s resultant contract or purchase order. The State of Florida reserves the right to withhold payment or implement other appropriate remedies, such as Contract termination or nonrenewal, when the Contractor has failed to comply with the provisions of the Contract. The Contractor and the Department agree that financial consequences for non-performance are an estimate of damages which are difficult to ascertain and are not penalties. The financial consequences below will be paid and received by the Department of Management Services within 30 calendar days from the due date specified by the Department. These financial consequences below are individually assessed for failures over each target period beginning with the first full month or quarter of the Contract performance and every month or quarter, respectively, thereafter. 554 Additional Special Contract Conditions (approved by State Purchasing, 8/12/2021) Financial Consequences Chart Deliverable Performance Metric Performance Due Date Financial Consequence for Non- Performance /Not Received by the Contract Manager Contractor will timely submit complete Quarterly Sales Reports All Quarterly Sales Reports will be submitted timely with the required information Completed reports are due on or before the 30th calendar day after the close of each State fiscal quarter $250 per day late Contractor will timely submit complete MFMP Transaction Fee Reports All MFMP Transaction Fee Reports will be submitted timely with the required information Completed reports are due on or before the 15th calendar day after the end of each month $100 per day late No favorable action will be considered when Contractor has outstanding Contract Quarterly Sales Reports, MFMP Transaction Fee Reports, or any other documentation owed to the Department or Customer, to include fees / monies, that is required under this Contract. H. Business Review Meetings: Both the Department and Customer reserve the right to schedule business review meetings. The Department or Customer may specify the format or agenda for the meeting. At a minimum, the Business Review Meeting may include the following topics: a. Contract compliance b. Contract savings (in dollar amount and cost avoidance) c. Spend reports by Customer d. Recommendations for improved compliance and performance I. Special Contract Conditions revisions: the corresponding subsections of the Special Contract Conditions referenced below are replaced in their entirety with the following: 555 Additional Special Contract Conditions (approved by State Purchasing, 8/12/2021) 2.2 Renewal. Upon written agreement, the Department and the Contractor may renew the Contract in whole or in part only as set forth in the Contract documents, and in accordance with section 287.057(14), F.S. 3.7 Transaction Fees. The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system. Pursuant to Section 287.057(24), F.S., all payments shall be assessed a Transaction Fee of one percent (1.0%), or as may otherwise be established by law, which the vendor shall pay to the State. For payments within the State accounting system (FLAIR or its successor), the Transaction Fee shall, when possible, be automatically deducted from payments to the vendor. If automatic deduction is not possible, the vendor shall pay the Transaction Fee pursuant to subsection 60A- 1.031(2), F.A.C. By submission of these reports and corresponding payments, vendor certifies their correctness. All such reports and payments shall be subject to audit by the State or its designee. The vendor shall receive a credit for any Transaction Fee paid by the vendor for the purchase of any item(s) if such item(s) are returned to the vendor through no fault, act, or omission of the vendor. Notwithstanding the foregoing, a Transaction Fee is non-refundable when an item is rejected or returned, or declined, due to the vendor’s failure to perform or comply with specifications or requirements of the agreement. Vendors will submit any monthly reports required pursuant to the rule. All such reports and payments will be subject to audit. Failure to comply with the payment of the Transaction Fees or submission of required reporting of transactions shall constitute grounds for declaring the Vendor in default. 5.1 Conduct of Business. The Contractor must comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and authority. For example, the Contractor must comply with section 274A of the Immigration and Nationality Act, the Americans with Disabilities Act, Health Insurance Portability and Accountability Act, if applicable, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran’s status. The provisions of subparagraphs 287.058(1)(a)- (c) and (g), F.S., are hereby incorporated by reference. Nothing contained within this Contract shall be construed to prohibit the Contractor from disclosing information relevant to performance of the Contract or purchase order to members or staff of the Florida Senate or Florida House of Representatives. Pursuant to section 287.057(26), F.S., the Contractor shall answer all questions of, and ensure a representative will be available to, a continuing oversight team. The Contractor will comply with all applicable disclosure requirements set forth in section 286.101, F.S. In the event the Department of Financial Services issues the Contractor a final order determining a third or subsequent violation pursuant to section 286.101(7)(c), F.S., the Contractor shall immediately notify the Department and applicable Customers and shall be disqualified from Contract eligibility. 556 Additional Special Contract Conditions (approved by State Purchasing, 8/12/2021) 5.4 Convicted, Discriminatory, Antitrust Violator, and Suspended Vendor Lists. In accordance with sections 287.133, 287.134, and 287.137, F.S., the Contractor is hereby informed of the provisions of sections 287.133(2)(a), 287.134(2)(a), and 287.137(2)(a), F.S. For purposes of this Contract, a person or affiliate who is on the Convicted Vendor List, the Discriminatory Vendor List, or the Antitrust Violator Vendor List may not perform work as a contractor, supplier, subcontractor, or consultant under the Contract. The Contractor must notify the Department if it or any of its suppliers, subcontractors, or consultants have been placed on the Convicted Vendor List, the Discriminatory Vendor List, or the Antitrust Violator Vendor List during the term of the Contract. In accordance with section 287.1351, F.S., a vendor placed on the Suspended Vendor List may not enter into or renew a contract to provide any goods or services to an agency after its placement on the Suspended Vendor List. A firm or individual placed on the Suspended Vendor List pursuant to section 287.1351, F.S., the Convicted Vendor List pursuant to section 287.133, F.S., the Antitrust Violator Vendor List pursuant to section 287.137, F.S., or the Discriminatory Vendor List pursuant to section 287.134, F.S., is immediately disqualified from Contract eligibility. 5.6 Cooperation with Inspector General and Records Retention. Pursuant to section 20.055(5), F.S., the Contractor understands and will comply with its duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. Upon request of the Inspector General or any other authorized State official, the Contractor must provide any information the Inspector General deems relevant. Such information may include, but will not be limited to, the Contractor's business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The Contractor will retain such records for the longer of five years after the expiration or termination of the Contract, or the period required by the General Records Schedules maintained by the Florida Department of State, at the Department of State’s Records Management website. The Contractor agrees to reimburse the State of Florida for the reasonable costs of investigation incurred by the Inspector General or other authorized State of Florida official for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the State of Florida which results in the suspension or debarment of the Contractor. Such costs will include but will not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. The Contractor agrees to impose the same obligations to cooperate with the Inspector General and retain records on any subcontractors used to provide goods or services under the Contract. 8.1.1 Termination of Contract. The Department may terminate the Contract for refusal by the Contractor to comply with this section by not allowing access to all public records, as defined in Chapter 119, F.S., made or received by the Contractor in conjunction with the Contract unless the records are exempt from s. 24(a) of Art. I of the State Constitution and section 119.071(1), F.S. 8.1.2 Statutory Notice. Pursuant to section 119.0701(2)(a), F.S., for contracts for services with a contractor acting on behalf of a public agency, as defined in section 119.011(2), F.S., the following applies: 557 Additional Special Contract Conditions (approved by State Purchasing, 8/12/2021) 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 DEPARTMENT’S CUSTODIAN OF PUBLIC RECORDS AT PUBLICRECORDS@DMS.FL.GOV, (850) 487-1082 OR 4050 ESPLANADE WAY, SUITE 160, TALLAHASSEE, FLORIDA 32399-0950. Pursuant to section 119.0701(2)(b), F.S., for contracts for services with a contractor acting on behalf of a public agency as defined in section 119.011(2), F.S., the Contractor shall: (a) Keep and maintain public records required by the public agency to perform the service. (b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law for the duration of the Contract term and following the completion of the Contract if the Contractor does not transfer the records to the public agency. (d) Upon completion of the Contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the Contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. 12.1 Performance or Compliance Audits. The Department may conduct or have conducted performance and/or compliance audits of the Contractor and subcontractors as determined by the Department. The Department may conduct an audit and review all the Contractor’s and subcontractors’ data and records that directly relate to the Contract. To the extent necessary to verify the Contractor’s fees and claims for payment under the Contract, the Contractor’s agreements or contracts with subcontractors, partners, or agents of the Contractor, pertaining to the Contract, may be inspected by the Department upon fifteen (15) calendar days’ notice, during normal working hours and in accordance with the Contractor’s facility access procedures where facility access is required. Release statements from its subcontractors, partners, or agents are not required for the Department or its designee to conduct compliance and performance audits on any of the Contractor’s contracts relating to this Contract. The Inspector General, in accordance with section 5.6, the State of Florida’s Chief Financial Officer, and the Office of the Auditor General shall also have authority to perform audits and inspections. 558 Additional Special Contract Conditions (approved by State Purchasing, 8/12/2021) 13.2 E-Verify. The Contractor and its subcontractors have an obligation to utilize the U.S. Department of Homeland Security’s (DHS) E-Verify system for all newly hired employees in accordance with section 448.095, F.S. By executing this Contract, the Contractor certifies that it is registered with, and uses, the E-Verify system for all newly hired employees in accordance with section 448.095, F.S. The Contractor must obtain an affidavit from its subcontractors in accordance with paragraph (2)(b) of section 448.095, F.S., and maintain a copy of such affidavit for the duration of the Contract. The Contractor shall provide a copy of its DHS Memorandum of Understanding (MOU) to the Department’s Contract Manager within five days of Contract execution. This section serves as notice to the Contractor regarding the requirements of section 448.095, F.S., specifically sub-paragraph (2)(c)1, and the Department’s obligation to terminate the Contract if it has a good faith belief that the Contractor has knowingly violated section 448.09(1), F.S. If terminated for such reason, the Contractor will not be eligible for award of a public contract for at least one year after the date of such termination. The Department will promptly notify the Contractor and order the immediate termination of the contract between the Contractor and a subcontractor performing work on its behalf for this Contract should the Department have a good faith belief that the subcontractor has knowingly violated section 448.09(1), F.S. J. Special Contract Conditions additions: the following subsection is added to the Special Contract Conditions: 12.3 Document Inspection. In accordance with section 216.1366, F.S., the Department or a state agency is authorized to inspect the: (a) financial records, papers, and documents of the Contractor that are directly related to the performance of the Contract or the expenditure of state funds; and (b) programmatic records, papers, and documents of the Contractor which the Department or state agency determines are necessary to monitor the performance of the Contract or to ensure that the terms of the Contract are being met. The Contractor shall provide such records, papers, and documents requested by the Department or a state agency within 10 Business Days after the request is made. 559 560 561 562 563 564 565 566 567 568 569 570 571 572 573 574 575 576 AMENDMENT NO.: 1 Contract No.: 518-410-19-ACS Contract Title: Industrial Equipment and Tool Rental Industrial Equipment and Tool Rental Page 1 of 1 Alternate Contract Source No. 518-410-19-a This Amendment (“Amendment”) to the Industrial Equipment and Tool Rental Contract No. 518-410-19-ACS (“Contract”) between the State of Florida, Department of Management Services (“Department”) and Herc Rental, Inc. (“Contractor”), collectively referred to herein as the “Parties,” shall be effective April 1, 2019. All capitalized terms used herein shall have the meaning assigned to them in the Contract unless otherwise defined herein. WHEREAS,the Parties agreed that the Contract may be amended by mutual agreement as provided in section 9, “Modifications or Additions to Master Agreement,” of the Contract; and THEREFORE, in consideration of the mutual promises contained below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree to the following: I. Contract Amendment. The Contract is amended to update Section 3, Contract Reporting, and Section 4, Contract Quarterly Sales Reports. Section 3, Contract Reporting, is amended, as follows: Report Period Covered Due dates MFMP Transaction Report Calendar month 10 business days after close of the period Contract Quarterly Sales Report State’s Fiscal Quarter 10 calendar days after close of the period Diversity Report State Fiscal Year 10 business days after close of the period Preferred Pricing Affidavit Annual Contract anniversary date Proof of Insurance Annual Upon policy renewal The first paragraph of Section 4, Quarterly Sales Reports, is amended, as follows: The Contractor agrees to submit a Quarterly Sales Report (Exhibit E) to the DMS Contract Manager in the format to be provided by the Contract Manager ten (10) calendar days after the close of the State Fiscal quarter (October 10, January 10, April 10, and July 10). Additional changes may be requested and implemented by the DMS Contract Manager after award and during the life of the Participating Addendum. The Quarterly Sales Report can be found at this link: https://www.dms.myflorida.com/business_operations/state_purchasing/vendor_resource s/vendor_sales_report_format 577 Page 2 of 2 II. Conflict. To the extent any of the terms of this Amendment conflict with the terms of the Contract, the terms of this Amendment shall control. 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. IV. Effect. Unless otherwise modified by this Amendment, all terms and conditions contained in the Contract shall continue in full force and effect. This Amendment sets forth the entire understanding between the parties with regard to this subject matter hereof. IN WITNESS WHEREOF, the Parties have executed this Amendment by their duly authorized representatives. HERC RENTALS, INC. STATE OF FLORIDA, DEPARTMENT OF MANAGEMENT SERVICES _____________________________ _______________________________ Rosalyn Ingram Director of State Purchasing and Chief Procurement Officer _____________________________ _______________________________ Date: Date: 578 579 Herc Rentals Inc. - Pricing Schedule State of Florida (518-410-19-ACS) CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH AERIAL - ATTACHMENTS & ACCESSORIES 415 $46GLAZIER PANEL LIFT KIT $130 $411 1000 415 $116ZERO G TOOL HOLDER ATTACHMENT $395 $747 1050 415 $93SCISSOR ATTCH 19' EXT DECK FOR GENIE SHU $186 $415 1500 415 $65PIPE RACK FOR SKYJACK RT SCISSOR $115 $223 1505 AERIAL - BOOM LIFTS ARTICULATED 410 $284BOOM ARTICULATED 30FT JIB NARROW ELEC $628 $1,474 2010 410 $284BOOM ARTICULATED 30FT NAR ROT JIB ELEC $628 $1,474 2020 410 $284BOOM ARTICULATED 33FT ELEC $628 $1,474 2030 410 $284BOOM ARTICULATED 34FT NARROW JIB ELEC $628 $1,474 2045 410 $284BOOM ARTICULATED 34FT WIDE JIB ELEC $628 $1,474 2050 410 $326BOOM ARTICULATED 34FT 4WD HYB $707 $1,754 2060 410 $326BOOM ARTICULATED 40FT NARROW JIB ELEC $707 $1,754 2070 410 $326BOOM ARTICULATED 40FT NARROW JIB ELEC $707 $1,754 2070 410 $326BOOM ARTICULATED 40FT NAR JIB BLK ELEC $707 $1,754 2071 410 $326BOOM ARTICULATED 40FT NAR ROT JIB ELEC $707 $1,754 2080 410 $326BOOM ARTICULATED 40FT WIDE ROT JIB ELEC $707 $1,754 2100 410 $326BOOM ARTICULATED 45FT ELEC $707 $1,754 2130 410 $326BOOM ARTICULATED 45FT JIB BLK ELEC $707 $1,754 2131 410 $326BOOM ARTICULATED 45FT JIB ELEC $707 $1,754 2140 410 $386BOOM ARTICULATED 45FT JIB EE RATED ELEC $772 $1,826 2145 410 $530BOOM ARTICULATED 60FT JIB 4WD ELEC $1,330 $2,790 2540 410 $295BOOM ARTICULATED 34FT 2WD DSL $659 $1,601 3020 410 $295BOOM ARTICULATED 34FT JIB 4WD DF $659 $1,601 3030 410 $295BOOM ARTICULATED 34FT JIB 4WD DSL $659 $1,601 3040 410 $326BOOM ARTICULATED 45FT 2WD DF $707 $1,754 3050 410 $326BOOM ARTICULATED 45FT 2WD DF $707 $1,754 3050 410 $326BOOM ARTICULATED 45FT 4WD DF $707 $1,754 3070 410 $326BOOM ARTICULATED 45FT BLK DF $707 $1,754 3071 410 $326BOOM ARTICULATED 45FT JIB 4WD DF $707 $1,754 3080 410 $326BOOM ARTICULATED 45FT JIB BLK DF $707 $1,754 3081 410 $326BOOM ARTICULATED 45FT JIB BLK DF HIGHCAP $707 $1,754 3082 410 $326BOOM ARTICULATED 45FT 4WD DSL $707 $1,754 3110 410 $326BOOM ARTICULATED 45FT JIB BLK DSL $707 $1,754 3111 410 $326BOOM ARTICULATED 45FT JIB 4WD DSL $707 $1,754 3120 410 $326BOOM ARTICULATED 45FT JIB 4WD HYB $707 $1,754 3127 410 $405BOOM ARTICULATED 60FT BLK DF $938 $2,325 3131 410 $405BOOM ARTICULATED 60FT JIB 2WD DF $938 $2,325 3140 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 580 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH AERIAL - BOOM LIFTS ARTICULATED 410 $405BOOM ARTICULATED 60FT JIB BLK DSL $938 $2,325 3161 410 $405BOOM ARTICULATED 60FT 4WD DF $938 $2,325 3170 410 $405BOOM ARTICULATED 60FT JIB 4WD DF $938 $2,325 3180 410 $405BOOM ARTICULATED 60FT JIB BLK DF $938 $2,325 3181 410 $405BOOM ARTICULATED 60FT 4WD DSL $938 $2,325 3190 410 $405BOOM ARTICULATED 60FT BLK DSL $938 $2,325 3191 410 $405BOOM ARTICULATED 60FT JIB 4WD DSL $938 $2,325 3200 410 $521BOOM ARTICULATED 60FT JIB 4WD HYB $1,265 $2,734 3205 410 $758BOOM ARTICULATED 80FT JIB BLK DF $1,734 $3,901 3231 410 $758BOOM ARTICULATED 80FT JIB BLK DF HIGHCAP $1,734 $3,901 3232 410 $758BOOM ARTICULATED 80FT JIB BLK DSL $1,734 $3,901 3261 410 $758BOOM ARTICULATED 80FT 4WD DF $1,734 $3,901 3270 410 $758BOOM ARTICULATED 80FT BLK DF $1,734 $3,901 3271 410 $758BOOM ARTICULATED 80FT JIB 4WD DF $1,734 $3,901 3280 410 $758BOOM ARTICULATED 80FT 4WD DSL $1,734 $3,901 3290 410 $758BOOM ARTICULATED 80FT JIB 4WD DSL $1,734 $3,901 3300 410 $913BOOM ARTICULATED 80FT JIB 4WD HYB $2,300 $4,394 3310 410 $1,358BOOM ARTICULATED 125FT JIB 4WD DSL $3,395 $7,378 3350 410 $1,358BOOM ARTICULATED 125FT JIB BLK DSL $3,395 $7,378 3351 410 $1,497BOOM ARTICULATED 135FT JIB 4WD DSL $3,828 $8,057 3360 410 $2,534BOOM ARTICULATED 150FT JIB 4WD DSL $7,482 $16,275 3380 AERIAL - BOOM LIFTS STRAIGHTMAST 410 $530BOOM STRAIGHT 60FT JIB 2WD ELEC $1,330 $2,790 2500 410 $530BOOM STRAIGHT 60FT JIB BLK ELEC $1,330 $2,790 2501 410 $530BOOM STRAIGHT 60FT JIB 4WD ELEC $1,330 $2,790 2510 410 $530BOOM STRAIGHT 60FT JIB 4WD HYB $1,330 $2,790 2530 410 $295BOOM STRAIGHT 34FT JIB 4WD DSL $659 $1,601 4000 410 $326BOOM STRAIGHT 40FT 4WD DF $707 $1,754 4030 410 $326BOOM STRAIGHT 40FT 4WD DSL $707 $1,754 4040 410 $326BOOM STRAIGHT 40FT BLK DSL $707 $1,754 4041 410 $330BOOM STRAIGHT 40FT 4WD HIGH CAP DSL $707 $1,754 4045 410 $326BOOM STRAIGHT 45FT JIB 4WD DF $707 $1,754 4080 410 $326BOOM STRAIGHT 45FT JIB 4WD DSL $707 $1,754 4090 410 $326BOOM STRAIGHT 45FT JIB BLK DSL $707 $1,754 4091 410 $405BOOM STRAIGHT 60FT BLK DF $938 $2,325 4111 410 $405BOOM STRAIGHT 60FT 4WD DF $938 $2,325 4130 410 $405BOOM STRAIGHT 60FT 4WD DSL $938 $2,325 4140 410 $405BOOM STRAIGHT 60FT BLK DSL $938 $2,325 4141 410 $405BOOM STRAIGHT 60FT JIB 4WD DSL $938 $2,325 4145 410 $644BOOM STRAIGHT 60FT CRAWLER DSL $1,860 $4,418 4150 410 $405BOOM STRAIGHT 60FT JIB BLK DSL $938 $2,325 4151 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 581 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH AERIAL - BOOM LIFTS STRAIGHTMAST 410 $423BOOM STRAIGHT 65FT JIB 4WD DF $958 $2,418 4180 410 $423BOOM STRAIGHT 65FT JIB 4WD DSL $958 $2,418 4190 410 $423BOOM STRAIGHT 65FT JIB 4WD BLK DSL $958 $2,418 4191 410 $423BOOM STRAIGHT 65FT JIB DSL HIGH CAP $958 $2,418 4195 410 $644BOOM STRAIGHT 65FT JIB CRAWLER DSL $1,860 $4,418 4200 410 $758BOOM STRAIGHT 80FT BLK DF $1,734 $3,901 4211 410 $758BOOM STRAIGHT 80FT BLK DSL $1,734 $3,901 4221 410 $758BOOM STRAIGHT 80FT 4WD DF $1,734 $3,901 4230 410 $758BOOM STRAIGHT 80FT 4WD DSL $1,734 $3,901 4240 410 $758BOOM STRAIGHT 80FT BLK DSL HIGH CAP $1,734 $3,901 4241 410 $758BOOM STRAIGHT 80FT 4WD DSL HIGH CAP $1,734 $3,901 4242 410 $781BOOM STRAIGHT 85FT JIB 4WD DF $1,767 $3,999 4270 410 $781BOOM STRAIGHT 85FT JIB 4WD DSL $1,767 $3,999 4300 410 $781BOOM STRAIGHT 85FT JIB BLK DSL $1,767 $3,999 4301 410 $781BOOM STRAIGHT 85FT JIB 4WD DSL HIGH CAP $1,767 $3,999 4305 410 $1,116BOOM STRAIGHT 105FT JIB 4WD DSL $3,018 $6,664 4350 410 $1,358BOOM STRAIGHT 120FT JIB 4WD DSL $3,395 $7,378 4400 410 $1,358BOOM STRAIGHT 120FT JIB 4WD BLK DSL $3,395 $7,378 4401 410 $1,358BOOM STRAIGHT 125FT JIB 4WD DSL $3,395 $7,378 4410 410 $1,497BOOM STRAIGHT 135FT JIB 4WD DSL $3,828 $8,057 4420 410 $1,497BOOM STRAIGHT 135FT JIB BLK DSL $3,828 $8,057 4421 410 $1,497BOOM STRAIGHT 135FT 30FTJIB 4WD HIGH CAP $3,828 $8,057 4422 410 $2,478BOOM STRAIGHT 150FT JIB 4WD DSL $7,128 $16,275 4430 410 $3,953BOOM STRAIGHT 180-185FT JIB 4WD DSL $9,295 $19,995 4440 AERIAL - BOOM LIFTS TOWABLE 410 $301BOOM TOWABLE 35FT BATTERY $719 $1,690 1010 410 $301BOOM TOWABLE 35FT GAS $719 $1,690 1020 410 $349BOOM TOWABLE 45FT BATTERY $916 $1,986 1025 410 $349BOOM TOWABLE 50FT BATTERY $916 $1,986 1030 410 $349BOOM TOWABLE 50FT GAS $916 $1,986 1040 AERIAL - COMPACT CRAWLER LIFTS 464 $1,860COMPACT CRAWLER BOOM LIFT 40-44' BATTERY $3,488 $6,836 1016 464 $2,186COMPACT CRAWLER BOOM LIFT 50-59' BATTERY $4,604 $8,300 1022 464 $2,418COMPACT CRAWLER BOOM LIFT 70-79' BATTERY $5,813 $11,160 1036 464 $2,883COMPACT WHEELED BOOM LIFT 90-99' HYB $6,278 $13,485 1042 AERIAL - ELECTRIC SCISSOR LIFTS 405 $111SCISSOR LIFT 12-13FT 30IN ELEC $219 $386 1060 405 $111SCISSOR LIFT 13FT 30IN COMPACT LCS ELEC $219 $386 1062 405 $135SCISSOR LIFT 13FT X-DECK COMPACT LCS ELE $288 $440 1065 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 582 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH AERIAL - ELECTRIC SCISSOR LIFTS 405 $111SCISSOR LIFT 14FT 30IN ELEC $219 $386 1070 405 $111SCISSOR LIFT 15FT 30IN ELEC $219 $386 1080 405 $111SCISSOR LIFT 19FT 32IN COMPACT ELEC $219 $386 1085 405 $111SCISSOR LIFT 19FT 32IN COMPACT LCS ELEC $219 $386 1087 405 $135SCISSOR LIFT 19FT X-DECK COMPACT LCS ELE $288 $440 1088 405 $111SCISSOR LIFT 19FT 30-32IN ELEC $219 $386 1090 405 $111SCISSOR LIFT 19FT 30-32IN BLK ELEC $219 $386 1091 405 $126SCISSOR LIFT 19FT NARROW ELEC EE RATED $262 $470 1095 405 $126SCISSOR LIFT 20FT 30-32IN ELEC $262 $470 1100 405 $126SCISSOR LIFT 20FT 32IN P-DECK ELEC $262 $470 1110 405 $167SCISSOR LIFT 20FT 46" WIDE ELEC $349 $725 1120 405 $149SCISSOR LIFT 26FT 32IN ELEC $301 $591 1140 405 $149SCISSOR LIFT 26FT 32IN BLK ELEC $301 $591 1141 405 $149SCISSOR LIFT 26FT 32IN COMPACT LCS ELEC $301 $591 1142 405 $158SCISSOR LIFT 26FT 32IN ELEC EE RATED $312 $623 1145 405 $149SCISSOR LIFT 26FT 46IN ELEC $301 $591 1150 405 $149SCISSOR LIFT 26FT 46IN BLK ELEC $301 $591 1151 405 $149SCISSOR LIFT 26FT 69IN ELEC $322 $874 1160 405 $149SCISSOR LIFT 26FT 46IN AVIATION PKG ELEC $322 $874 1170 405 $149SCISSOR LIFT 26FT 46IN AV EE EXT CHG EL $322 $874 1172 405 $177SCISSOR LIFT 32FT 32IN ELEC $393 $814 1200 405 $177SCISSOR LIFT 32FT 46-48IN ELEC $393 $814 1210 405 $177SCISSOR LIFT 32FT 46-48IN BLK ELEC $393 $814 1211 405 $225SCISSOR LIFT 40FT 47IN ELEC $563 $1,181 1260 405 $225SCISSOR LIFT 40FT 47IN BLK ELEC $563 $1,181 1261 405 $269SCISSOR LIFT 40FT 69IN ELEC $601 $1,414 1270 405 $269SCISSOR LIFT 40FT 69IN WIDE BLK ELEC $601 $1,414 1271 405 $269SCISSOR LIFT 45-46FT 55IN ELEC $601 $1,414 1300 405 $293SCISSOR LIFT 45FT 55IN LCS ELEC $665 $1,539 1302 405 $242SCISSOR LIFT 26FT RT BLK DSL $558 $1,093 1451 AERIAL - PERSONAL LIFTS 400 $121MAST LIFT 7FT PUSH AROUND MANUAL LIFT $230 $339 1050 400 $98MAST LIFT 5-7FT PUSH AROUND ELEC LIFT $193 $321 1070 400 $126MAST LIFT 13-15FT PORTABLE BATT $251 $382 1100 AERIAL - ROUGH TERRAIN SCISSOR LIFTS 405 $177SCISSOR LIFT 32FT 32IN BLK ELEC $393 $814 1201 405 $242SCISSOR LIFT 26FT RT ELEC $558 $1,093 1400 405 $242SCISSOR LIFT 26FT RT DF $558 $1,093 1430 405 $242SCISSOR LIFT 26FT RT OUTR DF $558 $1,093 1440 405 $242SCISSOR LIFT 26FT RT DSL $558 $1,093 1450 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 583 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH AERIAL - ROUGH TERRAIN SCISSOR LIFTS 405 $242SCISSOR LIFT 26FT RT OUTR DSL $558 $1,093 1460 405 $400SCISSOR LIFT 30FT RT 84IN SLEV DECK ELEC $925 $2,018 1485 405 $293SCISSOR LIFT 33FT RT 69IN DECK HYB $642 $1,246 1500 405 $284SCISSOR LIFT 33FT RT 69IN DECK DF $642 $1,209 1520 405 $284SCISSOR LIFT 33FT RT 69IN DECK OUTR DF $642 $1,209 1530 405 $284SCISSOR LIFT 33FT RT 69IN DECK DSL $642 $1,209 1540 405 $284SCISSOR LIFT 33FT RT 69IN DECK OUTR DSL $642 $1,209 1550 405 $284SCISSOR LIFT 33FT RT 84IN DECK DF $642 $1,209 1560 405 $284SCISSOR LIFT 33FT RT 84IN DECK OUTR DF $642 $1,209 1570 405 $284SCISSOR LIFT 33FT RT 84IN DECK DSL $642 $1,209 1580 405 $284SCISSOR LIFT 33FT RT 84IN DECK OUTR DSL $642 $1,209 1590 405 $284SCISSOR LIFT 33FT RT 94IN DECK DF $642 $1,209 1600 405 $284SCISSOR LIFT 33FT RT 94IN DECK OUTR DF $642 $1,209 1610 405 $284SCISSOR LIFT 33FT RT 94IN DECK DSL $642 $1,209 1620 405 $284SCISSOR LIFT 33FT RT 94IN DECK OUTR DSL $642 $1,209 1630 405 $326SCISSOR LIFT 40FT RT 69IN DECK ELEC $716 $1,637 1700 405 $326SCISSOR LIFT 40FT RT 69IN DECK HYB $716 $1,637 1710 405 $326SCISSOR LIFT 40FT RT 69IN DECK OUTR BLK $716 $1,637 1711 405 $326SCISSOR LIFT 40FT RT 69IN DECK DF $716 $1,637 1730 405 $326SCISSOR LIFT 40FT RT 69IN DECK OUTR DF $716 $1,637 1740 405 $326SCISSOR LIFT 40-45FT RT 94IN DECK DF $716 $1,637 1770 405 $326SCISSOR LIFT 40-45FT RT 94IN DECKOUTR DF $716 $1,637 1780 405 $326SCISSOR LIFT 40-45FT RT 94IN OUTR BLK DF $716 $1,637 1781 405 $326SCISSOR LIFT 40-45FT RT 94IN DECK DSL $716 $1,637 1790 405 $326SCISSOR LIFT 40-45FT RT 94IN DECKOUTRDSL $716 $1,637 1800 405 $404SCISSOR LIFT 50-53FT RT OUTRIG DF $921 $2,176 1850 405 $404SCISSOR LIFT 50-53FT RT OUTRIG BLK DF $921 $2,176 1851 405 $404SCISSOR LIFT 50-53FT RT OUTRIG DSL $921 $2,176 1860 405 $607SCISSOR LIFT 60FT RT OUTRIG DSL $1,406 $3,691 1880 AERIAL - VERTICAL MAST LIFTS 400 $98WORK PLATFORM 2-5 FT DRIVABLE BATT $193 $321 1020 400 $107MAST LIFT 20FT PUSH AROUND OUTR BATT $252 $393 1200 400 $128MAST LIFT 25FT PUSH AROUND OUTR BATT $330 $511 1210 400 $166MAST LIFT 30FT PUSH AROUND OUTR BATT $358 $638 1220 400 $166MAST LIFT 30FT PUSH AROUND NO OUTR BATT $358 $638 1222 400 $177MAST LIFT 36FT PUSH AROUND OUTR BATT $407 $689 1230 400 $183MAST LIFT 40FT PUSH AROUND OUTR BATT $467 $715 1240 400 $97MAST LIFT 12FT DRIVABLE BATT $228 $367 1270 400 $118MAST LIFT 15FT-16FT DRIVABLE BATT $241 $400 1280 400 $172MAST LIFT 16FT DRIVABLE BATT ALL ELEC $376 $750 1282 400 $126MAST LIFT 20FT DRIVABLE BATT $246 $442 1290 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 584 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH AERIAL - VERTICAL MAST LIFTS 400 $126MAST LIFT 20FT DRIVABLE BLK BATT $246 $442 1291 400 $153MAST LIFT 20FT DRIVABLE LCS BATT $298 $488 1293 400 $205MAST LIFT 25FT DRIVABLE LCS BATT $403 $702 1295 400 $195MAST STYLE BOOM LIFT 20FT BATT $498 $1,577 1300 400 $214MAST STYLE BOOM LIFT 26FT BATT $504 $1,632 1310 400 $261MAST STYLE BOOM LIFT 32FT BATT $617 $2,181 1320 405 $140AIRCRAFT MAINTENANCE STAND PUSH AROUND $264 $527 1053 AIR COMPRESSORS - AIR MANIFOLDS 140 $37MANIFOLD AIR 10 GALLON TANK $50 $140 3570 140 $51MANIFOLD AIR 15 GALLON TANK $120 $336 3580 AIR COMPRESSORS - COOLERS 140 $97COMPRESSED AIR AFTERCOOLER FILTER450CFM $256 $729 2110 140 $193COMPRESSED AIR AFTERCOOLERFILTER1000CFM $490 $1,103 2150 AIR COMPRESSORS - DIESEL 140 $107COMPRESSOR TOWABLE 100-125 CFM DSL $242 $562 1220 140 $130COMPRESSOR TOWABLE 175-195 CFM DSL $281 $664 1260 140 $209COMPRESSOR TOWABLE 200-245 CFM DSL $400 $884 1280 140 $274COMPRESSOR TOWABLE 375-425CFM DSL $642 $1,535 1360 140 $316COMPRESSOR TOWABLE IQ 375-450CFM DSL $981 $2,511 1362 140 $525COMPRESSOR TOWABLE 750CFM DSL $1,446 $2,913 1375 140 $525COMPRESSOR TOWABLE 825CFM DSL $1,446 $2,913 1380 140 $1,163COMPRESSOR TOWABLE 1600CFM DSL $2,674 $7,358 1400 140 $684COMPRESSOR TOWABLE INST QUAL 750CFM DSL $1,721 $4,185 1420 140 $753COMPRESSOR TOWABLE INST QUAL 915CFM DSL $1,907 $4,834 1460 140 $1,111COMPRESSOR TOWABLE INS QUAL 1600CFM DSL $2,720 $7,358 1480 AIR COMPRESSORS - DRYERS 140 $284COMPRESSED AIR DESICCANT DRYER 450CFM $816 $1,953 2230 140 $660COMPRESSOR ATTACH DRYER 2501-3000 CFM $1,717 $4,948 2270 140 $312AFTERCOOLER DRYER FILTER 500CFM $916 $2,296 2310 140 $378AFTERCOOLER DRYER FILTER 1000CFM $1,136 $2,936 2330 140 $487AFTERCOOLER DRYER FILTER 1600CFM $1,439 $3,933 2350 AIR COMPRESSORS - ELECTRIC 140 $54COMPRESSOR PORTABLE 4 CFM ELECTRIC $186 $398 1020 140 $54COMPRESSOR PORTABLE 7 CFM ELECTRIC $186 $398 1040 140 $214COMPRESSOR ROTARY 130CFM ELEC $586 $1,581 1640 140 $218COMPRESSOR ROTARY 240CFM ELEC $593 $1,674 1645 140 $316COMPRESSOR ROTARY 365CFM ELEC $912 $2,289 1655 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 585 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH AIR COMPRESSORS - ELECTRIC 140 $316COMPRESSOR ROTARY 365CFM 125PSI ELEC $912 $2,289 1660 140 $363COMPRESSOR ROTARY 500CFM 125PSI ELEC $1,049 $2,575 1670 140 $459COMPRESSOR ROTARY 750CFM ELEC $1,256 $3,321 1675 140 $459COMPRESSOR ROTARY 750CFM 125PSI ELEC $1,256 $3,321 1680 140 $531COMPRESSOR ROTARY 900CFM ELEC $1,395 $4,185 1685 140 $531COMPRESSOR ROTARY 1000CFM 125PSI ELEC $1,395 $4,185 1690 140 $674COMPRESSOR ROTARY 1500CFM ELEC $1,786 $5,115 1695 140 $698COMPRESSOR ROTARY 1500CFM 125PSI ELEC $1,953 $5,580 1700 140 $698COMPRESSOR ROTARY 1500CFM 2300V ELEC $1,953 $5,580 1705 AIR COMPRESSORS - MIST ELIMINATORS 140 $172COMPRESSOR ATTACH MIST ELMIN1500-2000CFM $426 $1,139 2420 AIR COMPRESSORS - RECIPROCATING 140 $60COMPRESSOR RECIPROCATING 5HP ELEC $172 $488 1610 AIR COMPRESSORS - SMALL PORTABLE 140 $54COMPRESSOR PORTABLE 8 CFM GAS $186 $398 1060 140 $58COMPRESSOR PORTABLE 14 CFM GAS $206 $434 1100 140 $58COMPRESSOR PORTABLE 17 CFM GAS $206 $434 1105 AIR COMPRESSORS - WATER SEPARATORS 140 $77COMPRESSOR ATTACH WATER SEPARATOR $178 $524 2010 CLIMATE CONTROL 925 $61HEPA AIR SCRUBBER 500CFM $233 $595 3310 925 $74HEPA AIR SCRUBBER 750CFM $298 $674 3312 925 $88HEPA AIR SCRUBBER 1200 TO 1400CFM $332 $747 3314 925 $105HEPA AIR SCRUBBER 2000CFM $382 $1,099 3316 925 $105HEPA AIR SCRUBBER 2400CFM $382 $1,099 3318 925 $44DEHUMIDIFIER LGR 60-80 PPD ELEC $166 $386 3352 925 $67DEHUMIDIFIER LGR 130-160 PPD ELEC $291 $581 3354 925 $9LPG/NG HEATER HOSE 3/4X50 $26 $74 3446 925 $13LPG/NG HEATER HOSE 1X50 $33 $93 3456 925 $10PROPANE RADIANT HEATER TANK TOP $16 $33 3523 925 $26HEATER DUCT BLK 12X25 6P 300DEG $53 $105 4030 925 $26HEATER DUCT BLK 16X25 6P 300DEG $53 $105 4050 925 $26HEATER DUCT BLK 20X25 6P 300DEG $53 $105 4060 925 $7HVAC DUCTING BLK 12X8 4P $18 $51 4120 925 $10HVAC DUCTING BLK 12X15 6P $24 $59 4125 925 $13HVAC DUCTING BLK 12X25 6P $30 $73 4130 925 $15HVAC DUCTING BLK 16X15 6P $39 $98 4145 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 586 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH CLIMATE CONTROL 925 $15HVAC DUCTING BLK 16X25 6P $39 $98 4150 925 $15HVAC DUCTING BLK 20X15 6P $39 $98 4155 925 $20HVAC DUCTING BLK 20X25 6P $59 $176 4160 925 $20HVAC DUCTING BLK 20X25 6P $59 $176 4160 925 $20HVAC DUCTING BLK 24X25 6P $59 $176 4170 925 $14HI HEAT DUCT BLK 12X25 6P 400/500 DEG $33 $74 4230 925 $44HI HEAT DUCT BLK 16X25 6P 400/500 DEG $88 $176 4250 925 $40HI HEAT DUCT BLK 20X25 6P 400/500 DEG $111 $277 4260 925 $23DUCT SLEEVE INSULATED YLW 12X25 $67 $195 4294 925 $10HVAC DUCTING YLW 8X15 6P $24 $59 4300 925 $10HVAC DUCTING YLW 8X25 6P $24 $59 4305 925 $13HVAC DUCTING YLW 12X25 6P $30 $73 4330 925 $15HVAC DUCTING YLW 14X25 6P $44 $132 4340 925 $15HVAC DUCTING YLW 16X25 6P $44 $132 4350 925 $20HVAC DUCTING YLW 20X25 6P $63 $191 4360 925 $20HVAC DUCTING YLW 24X25 6P $63 $191 4365 925 $10HVAC DUCTING WHT 8X8 $24 $59 4398 925 $10HVAC DUCTING WHT 8X15 6P $24 $59 4400 925 $10HVAC DUCTING WHT 8X25 6P $24 $59 4405 925 $10HVAC DUCTING WHT 10X25 $24 $59 4412 925 $10HVAC DUCTING WHT 12X8 4P $24 $59 4416 925 $10HVAC DUCTING WHT 12X10 6P $24 $59 4420 925 $10HVAC DUCTING WHT 12X10 SOLID $24 $59 4421 925 $13HVAC DUCTING WHT 12X25 6P $30 $73 4430 925 $13HVAC DUCTING WHT/WHT 12X25 4P $30 $73 4432 925 $15HVAC DUCTING WHT 14X25 6P $44 $132 4440 925 $15HVAC DUCTING WHT 16X8 6P $44 $132 4443 925 $15HVAC DUCTING WHT 16X15 6P $44 $132 4445 925 $15HVAC DUCTING WHT 16X25 6P $44 $132 4450 925 $15HVAC DUCTING WHT 18X25 6P $44 $132 4453 925 $15HVAC DUCTING WHT 20X10 7P $44 $132 4454 925 $15HVAC DUCTING WHT 20X15 6P $44 $132 4455 925 $15HVAC DUCTING WHT 20X15 3P $44 $132 4456 925 $15HVAC DUCTING WHT 20X25 7P $44 $132 4457 925 $15HVAC DUCTING WHT/ORN 20X25 4P $44 $132 4459 925 $20HVAC DUCTING WHT 20X25 6P $63 $191 4460 925 $20HVAC INSULATED DUCTING WHT 20X25 6P $63 $191 4461 925 $20HVAC DUCTING WHT/WHT 20X25 4P $63 $191 4462 925 $20HVAC DUCTING BLUE 20X25 3P $63 $191 4465 925 $6AIRLINE COUPLER 8IN $16 $47 4498 925 $20HVAC DUCT WYE ADAPTER 20 $33 $58 4552 925 $2HVAC DUCT REDUCER 12X8 $5 $14 4632 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 587 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH CLIMATE CONTROL 925 $20HVAC DUCT WYE ADAPTER 20"X12"X12 $33 $58 4663 925 $5REMOTE HEATER THERMOSTAT W/CORD $13 $37 4710 925 $5CEILING TILE 24X24 F/8 DUCT $5 $7 4990 925 $5CEILING TILE ONLY 24X24 USED FOR 12IN DU $5 $7 5100 925 $5CEILING TILE KIT 24X24 WITH 12IN DUCT $5 $7 5105 925 $5CEILING TILE KIT 24X24 W/12 DUCT BLK $5 $7 5106 925 $5CEILING TILE 24X24 USED FOR 16IN DUCT $5 $7 5110 CLIMATE CONTROL - AIR CONDITIONERS 718 $2415 TON PORT AIR COND WATCOOL 1PH 208/230V $638 $1,446 1156 718 $42412 TON AIR CONDITIONER NARW 3PH 208/230V $1,068 $2,688 1300 718 $57420 TON INDUSTRIAL AIR CONDITIONER $1,269 $3,348 1500 718 $68620 TON INDUSTRIAL AIR CONDITIONER NEMA7 $1,511 $3,994 1505 718 $42420 TON VERT AIR CONDITION 72KW HEAT $1,049 $2,575 1520 718 $48330 TON VERT AIR CONDITIONER $1,246 $3,246 1700 718 $48330 TON AIR CONDITION SKID 56KW HEAT 460V $1,246 $3,246 1710 718 $63240 TON INDUSTRIAL AIR CONDITIONER $1,697 $4,729 1800 718 $63240 TON INDUSTRIAL AIR CONDITIONER NEMA7 $1,697 $4,729 1805 718 $1,55380 TON INDUSTRIAL AIR CONDITIONER $3,329 $8,045 2300 718 $1,67980 TON INDUSTRIAL AIR CONDITIONER NEMA7 $3,450 $9,291 2305 CLIMATE CONTROL - AIR CONDITIONERS WITH HEAT 718 $1121 TON PORT AIR CONDITIONER IT CUBE 115V $265 $698 1101 718 $2415 TON AIR COND INDOOR W/HEAT 3PH 460V $638 $1,446 1148 718 $2415 TON PORT AIR COND WATCOOL 3PH 208/230V $638 $1,446 1157 718 $2415 TON PORT AIR COND WATERCOOLED 3PH 460V $638 $1,446 1158 718 $2415 TON PORT AIR COND W/HEAT 1PH 208/230V $638 $1,446 1162 718 $2415 TON PORT AIR COND W/HEAT 3PH 460V $638 $1,446 1165 718 $2415 TON AIR CONDITION SKID 20KW HEAT $638 $1,446 1170 718 $38210 TON AIR CONDITION SKID 36KW HEAT $884 $2,409 1210 718 $42412 TON PORT AIR CONDITIONER 3PH 460V $1,068 $2,688 1301 718 $42412 TON PORT AIR COND W/HEAT 3PH 208/230V $1,068 $2,688 1302 718 $42412 TON PORT AIR COND W/HEAT 3PH 230V $1,068 $2,688 1305 718 $42412 TON PORT AIR COND W/HEAT 3PH 460V $1,068 $2,688 1310 718 $48325 TON AIR CONDITION SKID 72KW HEAT $1,246 $3,246 1610 718 $48325 TON AIR CONDITION SKID 72KW 575V $1,246 $3,246 1611 718 $63240 TON HYBRID AIR COND 120KW HEAT $1,697 $4,729 1830 718 $1,52570 TON HYBRID AIR COND 136KW HEAT $3,218 $7,770 2230 CLIMATE CONTROL - AIR CURTAINS 700 $605AIR CURTAIN $1,395 $3,863 1800 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 588 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH CLIMATE CONTROL - AIR MOVERS 700 $58BLOWER HAZ LOC 8IN VANO 115V $149 $367 1220 700 $83BLOWER HAZ LOC 12IN VANO 115V $205 $558 1230 710 $11AIRMOVER 3 DIAMETER AIR $29 $84 1220 710 $11AIRMOVER 6 DIAMETER AIR $29 $84 1240 710 $14AIRMOVER 8 DIAMETER AIR $34 $94 1260 710 $19AIRMOVER 10 DIAMETER AIR $47 $132 1280 710 $35AIRMOVER 12 DIAMETER AIR $80 $195 1300 710 $86AIRMOVER 24 DIAMETER JET FAN AIR $176 $512 1320 710 $65AIRMOVER 20 DIAMETER RF TYPE AIR $135 $400 1340 710 $65AIRMOVER 20 DIAMETER CF TYPE AIR $135 $400 1360 CLIMATE CONTROL - CHILLERS 718 $54030 TON AIR COOLED CHILLER W PUMP $1,566 $4,306 1750 718 $36350 TON CHILLED WATER AIR HANDLER $912 $2,571 1950 718 $36375 TON CHILLED WATER AIR HANDLER $912 $2,571 1960 718 $63860 TON AIR COOLED CHILLER W PUMP $1,567 $4,599 2050 718 $395100 TON VERT CHILLED WATER HANDLER $971 $2,897 2550 718 $1,186100 TON AIR COOLED CHILLER W PUMP $3,209 $7,952 2560 718 $395120 TON CHILLED WATER AIR HANDLER $971 $2,897 2650 718 $763140 TON VERT CHILLED WATER AIR HANDLER $1,981 $4,050 2660 718 $2,000200 TON AIR COOLED CHILLER W PUMP $5,845 $11,955 3060 718 $2,134230 TON AIR COOLED CHILLER W PUMP $6,384 $15,075 3065 CLIMATE CONTROL - DEHUMIDIFIERS 719 $1761200 CFM DESICCANT DEHUMIDIFIER 1PH 240V $512 $1,495 1005 719 $4182000/1000 CFM DESICCANT DEHUMID 3PH 460V $1,038 $2,491 1010 719 $8565000 CFM DESICCANT DEHUMID 3PH460V $1,855 $5,454 1020 719 $8567500/5500CFM DESICCANT DEHU 3PH460VTRIFU $1,855 $5,454 1030 719 $1,56215000 CFM DESICCANT DEHU 3PH460V TRIFUEL $4,185 $11,765 1040 719 $156DEHUMIDIFIER DESICCANT 400 CFM $362 $843 2060 719 $233DEHUMIDIFIER DESICCANT 800-900 CFM $733 $1,953 2080 CLIMATE CONTROL - DIRECT FIRED 715 $6315KW ELECT HEATER 240V 1PH SALAMANDER $168 $390 0042 715 $4750K-60K BTU RADIANT HEATER DSL/KERO $137 $282 0408 715 $4780K BTU DIRECT FORCED AIR HEATER LPG $137 $282 0415 715 $60115K BTU DIRECT FORCED HEATER TENT LP/NG $183 $483 0419 715 $58150K BTU DIRECT FORCED AIR HEAT DSL/KERO $164 $322 0420 715 $58150K BTU DIRECT FORCED AIR HEATER LP $164 $322 0430 715 $91110-150K BTU RADIANT HEATER DSL/KERO $259 $502 0435 715 $73170K BTU DIRECT FORCED AIR HEATER LP $205 $363 0440 715 $73170K BTU DIRECT FORCED AIR HEAT DSL/KERO $205 $363 0445 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 589 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH CLIMATE CONTROL - DIRECT FIRED 715 $83200K BTU DIRECT FORCED AIR HEAT DSL/KERO $229 $400 0450 715 $116400K BTU DIRECT FORCED AIR HEATER LPG $312 $550 0460 715 $116400K BTU DIRECT FORCED AIR HEATER LPG/NG $312 $550 0462 715 $116400K BTU DIRECT FORCED AIR HEAT DSL/KERO $312 $550 0470 715 $140650K BTU DIRECT FORCED AIR HEAT DSL/KERO $319 $724 0480 715 $140650K BTU DIRECT FORCED AIR HEAT LP/NG $319 $724 0485 715 $1911M BTU DIRECT FORCED AIR HEAT LP/NG $474 $1,032 0487 715 $2051.6M BTU DIRECT FORCED AIR HEAT LP/NG $572 $1,302 0490 715 $2051.5M BTU DIRECT FORCED AIR HEATER LPG/NG $572 $1,302 0550 CLIMATE CONTROL - ELECTRIC 715 $281.5KW STANDUP INFRARED ELECT HEATER 120V $93 $220 0005 715 $191.6KW ELECT HEATER 110V $73 $145 0010 715 $475-20KW VAR ELECT HEATER 1 - 4 PLUG 110V $146 $282 0020 715 $476KW ELECT HEATER 240V 1PH $146 $282 0025 715 $546-10KW VAR ELECT HEATER 240V 1PH $150 $305 0030 715 $6315KW ELECT HEATER 208V 3PH SALAMANDER $168 $390 0038 715 $6315KW ELECT HEATER 240V 3PH SALAMANDER $168 $390 0040 715 $6315KW ELECT HEATER 480V 3PH SALAMANDER $168 $390 0045 715 $9718KW ELECT HEATER 208V 1PH/240V 3PH $242 $530 0046 715 $7413-20KW VAR ELECT HEATER 240V 3PH $219 $471 0050 715 $10730KW ELECT HEATER 480V 3PH $265 $605 0060 715 $14040KW ELECT HEATER 480V 3PH $374 $967 0065 715 $14560KW ELECT HEATER 480V 3PH $501 $1,098 0070 715 $64200K BTU HYDRONIC HEAT EXCHANGER ELEC $188 $541 0100 715 $3533.8M BTU STAINLESS STEEL HEAT EXCHANGER $995 $2,539 0140 715 $4780K BTU HEATER 1400 CFM WALL MOUNTED $123 $269 0205 715 $23360KW ELECT INLINE HEATER 220V/460V 3PH $600 $1,465 0220 715 $902150KW IND ELECT HEATER 480V 3PH 5IN SP $1,860 $4,487 0240 CLIMATE CONTROL - FANS & BLOWERS 700 $60FAN FLOOR 36-48IN ELEC $167 $339 1040 700 $172FAN FLOOR 72IN 22000 CFM 120V ELEC $488 $1,372 1045 700 $74FAN FLOOR HIGH CFM 24IN ELEC $172 $349 1180 700 $93FAN FLOOR 16-24IN HAZ LOC ELEC $167 $442 1240 700 $97FAN MISTING OSCIL PORTABLE 100GAL ELEC $257 $632 1280 700 $73FAN MISTING OSCIL PORTABLE 19-40GAL ELEC $198 $472 1290 700 $285VACUUM INSULATION REMOVAL GAS $1,041 $2,279 1320 700 $44BLOWER MANHOLE 8IN ELEC $161 $347 1420 700 $33EVAP COOLER CENTRIFUGAL 3600 CFM ELEC $86 $257 1630 700 $167EVAP COOLER CENTRIFUGAL OSCIL 9000 CFM $479 $953 1632 700 $177EVAP COOLER CENTRIFUGAL DUCT 12500 CFM $521 $1,149 1634 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 590 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH CLIMATE CONTROL - FANS & BLOWERS 700 $73EVAP COOLER 24IN 8500 CFM ELEC $177 $514 1635 700 $73EVAP COOLER 36IN 12500 CFM ELEC $177 $514 1640 700 $140EVAP COOLER 36IN 12500 CFM HAZ LOC ELEC $360 $1,023 1642 700 $77EVAP COOLER 48IN 22500 CFM ELEC $184 $535 1645 700 $419DUST SUPPRESSION MISTER 50FT THROW ELEC $1,209 $2,325 2010 700 $432DUST SUPPRESSION MISTER 230FT THROW ELEC $1,302 $3,069 2050 700 $316CONTAINMENT CART W HEPA SCRUBBER $800 $1,717 2100 925 $35PEDESTAL FAN 30" $121 $265 3109 925 $47ROUND FLOOR FAN 36 $131 $330 3123 925 $47ROUND FLOOR FAN 42 $131 $330 3126 925 $47ROUND FLOOR FAN 48 $131 $330 3129 CLIMATE CONTROL - FLAMELESS 715 $1,319500K BTU 3500 CFM FLAMELESS HEATER DSL $2,905 $6,640 1210 715 $1,495750K BTU 5500 CFM FLAMELESS HEATER DSL $3,155 $7,324 1220 715 $2,3191M BTU 12IN SP FLAMELESS HEATER DSL T4F $5,097 $10,742 1240 CLIMATE CONTROL - HYDRONIC SURFACE 715 $1,349100-200K BTU HYDRONIC SURFACE HEATER DSL $2,906 $5,859 1010 715 $1,409200-400K BTU HYDRONIC SURFACE HEATER DSL $3,023 $6,250 1020 715 $1,483500-630K BTU HYDRONIC SURFACE HEATER DSL $3,395 $7,533 1030 715 $1,535860K BTU HYDRONIC AIR HEATER DSL $3,780 $8,091 1045 715 $2,1391.8 BTU HYDRONIC HEAT MODULE NG TRAILER $5,552 $13,392 1082 CLIMATE CONTROL - INDIRECT FIRED 715 $2370K BTU INDIR FORCED AIR HEAT DSL/KERO $64 $171 0600 715 $28120K BTU INDIR FORCED AIR HEAT DSL/KERO $74 $182 0605 715 $130200K BTU INDIR FORCED AIR HEAT DSL/KERO $367 $684 0610 715 $130200K BTU INDIR FORCED AIR HEATER NG $367 $684 0615 715 $1734-500K BTU INDIR FORCED AIR HEAT DSL/KER $456 $990 0620 715 $191400K BTU INDIR FORCED AIR HEAT 118G DSL $478 $1,187 0622 715 $586400K BTU INDIR TRAILER MOUNTED HEATR DSL $1,628 $4,190 0625 715 $1734-500K BTU INDR FORCED AIR HEATER LPG/NG $456 $990 0630 715 $279600K BTU INDIR FORCED AIR HEAT DSL/KERO $558 $1,395 0631 715 $279600K BTU INDIR FORCED AIR HEATER LPG/NG $558 $1,395 0632 715 $372700K BTU INDIR FORCED AIR HEATER LP/NG $767 $1,933 0635 715 $372750K BTU INDIR FORCED AIR HEATER LPG/NG $767 $1,933 0640 715 $372750K BTU INDIR FORCED AIR HEAT DSL/KERO $767 $1,933 0645 715 $4861M BTU INDIR FORCED AIR HEATER LP/NG $1,185 $2,930 0660 715 $4861.5M BTU INDIR FORCED AIR HEATER DSL $1,185 $2,930 0685 715 $9722M BTU INDIR FORCED AIR HEATER LP/NG $2,279 $5,673 0695 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 591 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH CLIMATE CONTROL - OZONE GENERATORS 700 $44OZONE GENERATOR $161 $347 1720 700 $50HYDROXYL GENERATOR SMALL AREA $144 $377 1723 700 $135HYDROXYL GENERATOR LARGE AREA $409 $772 1725 700 $98UV-C LED LIGHT INDOOR USE ONLY 115V $279 $279 1740 700 $9ROLLING STAND FOR UV-C LED LIGHT $28 $60 1742 CLIMATE CONTROL - PORTABLE AIR CONDITIONERS 718 $1121 TON PORT AIR CONDITIONER 120V $265 $698 1100 718 $1121 TON PORT AIR CONDITIONER W/HEAT 120 V $265 $698 1102 718 $1261.2 TON PORT AIR COND W HEAT 5-20P PLUG $339 $775 1104 718 $1261 TON PORT AIR COND HEPA UV 5-20P PLUG $339 $775 1105 718 $1261 TON SPLIT SYSTEM AIR CONDITIONER 120V $339 $775 1107 718 $1261 TON PORT AIR COND HEPA UV WATER 120V $339 $775 1110 718 $1261.4 TON PORT AIR CONDITIONER 5-20P PLUG $339 $775 1112 718 $1261.5 TON PORT AIR COND WATERCOOLED 120 V $339 $775 1115 718 $1912-3 TON PORT AIR CONDITION 1PH 208/230V $456 $1,042 1130 718 $2415 TON AIR COND INDOOR 1PH 208/230V $638 $1,446 1145 718 $2415 TON AIR COND INDOOR W/HEAT 1PH 208/230 $638 $1,446 1146 718 $2415 TON AIR COND INDOOR W/HEAT 3PH 208/230 $638 $1,446 1147 718 $2415 TON AIR CONDITIONER INDOOR 3PH 460V $638 $1,446 1155 718 $2415 TON PORT AIR COND W/HEAT 3PH 208/230V $638 $1,446 1160 CLIMATE CONTROL - SELF-CONTAINED 715 $1,349800K BTU SELF CONTAINED HEATER DSL $2,967 $6,315 0810 715 $1,3901.0M BTU SELF CONTAIN HEATER DSL 3.1" SP $3,023 $7,324 0813 715 $1,3901.0M BTU SELF CONTAIN HEATER DSL 7.5" SP $3,023 $7,324 0815 715 $1,4181.2M BTU SELF CONTAINED HEATER DSL $3,060 $7,998 0820 COMPACTION AND PAVING - DOUBLE DRUM 150 $188ROLLER RIDE-ON SMOOTH 35IN DBL 1 TON GAS $531 $1,303 2820 150 $270ROLLER RIDE-ON SMOOTH 47IN DBL 2 TON DSL $659 $1,711 2840 150 $270ROLLER RIDE-ON SMOOTH 47IN DBL 3 TON DSL $659 $1,711 2860 150 $646ROLLER RIDE-ON SMOOTH 66IN DBL 7 TON DSL $1,944 $3,906 2880 150 $744ROLLER RIDE-ON SMOOTH 66IN DBL 11TON DSL $2,088 $4,394 2920 COMPACTION AND PAVING - HOT ASPHALT TRANSPORTS 150 $381TRAILER ASPHALT 4 TON $1,516 $3,036 4020 150 $135ASPHALT CRACK FILLER W/B LP $293 $625 4120 150 $465TRAILER CRACK SEALER 250 GAL $1,113 $3,469 5000 COMPACTION AND PAVING - MILLING MACHINES 150 $2,325ROAD MILLING COLD 80IN WIDE $9,300 $26,040 4010 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 592 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH COMPACTION AND PAVING - MILLING MACHINES COMPACTION AND PAVING - PADFOOT ROLLER ATTACHMENTS 150 $60ROLLER ATTACHMENT PADFOOT 5 TON $181 $448 2950 150 $126ROLLER ATTACHMENT PADFOOT 8 TON $342 $664 2960 150 $149ROLLER ATTACHMENT PADFOOT 11 TON $374 $830 2970 COMPACTION AND PAVING - PLATE COMPACTORS 150 $146PLATE COMPACTOR 21IN PAVER ROLLER GAS $558 $1,004 1250 150 $78PLATE COMPACTOR 23IN UP TO 299LB GAS $242 $424 1260 150 $80PLATE COMPACTOR 14IN 100LB TO 199LB REVE $251 $533 1420 150 $90PLATE COMPACTOR 200LB TO 299LB REVERSBLE $312 $637 1440 150 $90PLATE COMPACTOR 20IN 300LB TO 399LB REVE $312 $637 1460 150 $142PLATE COMPACTOR 400LB TO 499LB REVERSBLE $459 $869 1480 150 $153PLATE COMPACTOR 600LB TO 699LB REVERSBLE $512 $1,014 1520 150 $153PLATE COMPACTOR 24IN 700LB TO 799LB REVE $512 $1,014 1540 150 $252PLATE COMPACTOR 900LB TO 999LB REVERSBLE $842 $1,683 1560 150 $252PLATE COMPACTOR 28IN 1000 TO 1100LB REVE $842 $1,683 1580 150 $316PLATE COMPACTOR 1100LB-1199LB REVERSBLE $1,151 $2,482 1600 COMPACTION AND PAVING - PLATE TAMPERS 150 $54TAMPER 30LB 6IN AIR $177 $363 1720 COMPACTION AND PAVING - RAMMERS 150 $74RAMMER JUMPING JACK 6IN 1LB - 99LB GAS $211 $381 1060 150 $74RAMMER JUMPING JACK 11IN 100LB-150LB GAS $211 $381 1070 150 $75RAMMER JUMPING JACK 11IN 151LB-199LB GAS $214 $386 1080 150 $97RAMMER JUMPING JACK 100LB - 199LB BATT $326 $676 1120 COMPACTION AND PAVING - SINGLE DRUM 150 $521ROLLER RIDE-ON PADFT 54IN SNG 5 TON $1,325 $3,074 2560 150 $651ROLLER RIDE-ON PADFT 66IN SNG 8 TON $1,651 $3,627 2580 150 $777ROLLER RIDE-ON PADFT 84IN SNG 11 TON $1,975 $4,639 2600 150 $791ROLLER RIDE-ON PADFT 84IN SNG 14 TON $2,125 $4,976 2620 150 $321ROLLER RIDE-ON SMOOTH 42IN SNG 2 TON $923 $2,253 2720 150 $465ROLLER RIDE-ON SMOOTH 54IN SNG 5 TON $1,153 $2,511 2730 150 $553ROLLER RIDE-ON SMOOTH 66IN SNG 8 TON $1,390 $2,971 2760 150 $632ROLLER RIDE-ON SMOOTH 84IN SNG 11 TON $1,660 $3,808 2770 COMPACTION AND PAVING - TAMPER ATTACHMENTS 150 $130PLATE ATT 12IN 1-7MT MINI EX 3000LB $463 $977 3240 150 $153PLATE ATT 24IN BH & 8MT MINI EX 6500LB $579 $1,231 3260 150 $246PLATE ATT 27IN 10-18MT EXCAVATOR 11000LB $916 $2,053 3300 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 593 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH COMPACTION AND PAVING - TAMPER ATTACHMENTS 150 $288PLATE ATT 34IN 19-24MT EXCAVATOR 21000LB $1,059 $2,451 3320 COMPACTION AND PAVING - TRENCH ROLLERS 150 $367ROLLER TRENCH VIBRA DBL DRUM 22IN DSL $870 $1,795 2220 150 $367ROLLER TRENCH VIBRA DBL DRUM 32IN DSL $870 $1,795 2260 COMPACTION AND PAVING - WALK-BEHIND ROLLERS 150 $166ROLLER WALKBEHIND DOUBLE DRUM 25IN GAS $440 $805 2020 150 $166ROLLER WALKBEHIND SINGLE DRUM 28IN GAS $440 $805 2040 CONCRETE AND MASONRY - BUGGIES 100 $106POWER WAGON W/SIDES 13 CU FT BATTERY $313 $632 1807 100 $24CONCRETE W/B PUSH BUGGY 6 CU FT $86 $180 1850 100 $153CONCRETE WHEEL BUGGY 11-12 CU FT BATT $400 $963 1864 100 $177CONCRETE WHEEL BUGGY 16 CU FT. LPG $595 $1,274 1865 100 $153CONCRETE WHEEL BUGGY 16 CU FT GAS $474 $879 1870 100 $177CONCRETE TRACK BUGGY 12 CU FT GAS $609 $1,274 1885 100 $177CONCRETE TRACK BUGGY 16 CU FT GAS $609 $1,274 1890 100 $209CONCRETE TRACK BUGGY 16CU FT SWIVEL GAS $814 $1,651 1895 100 $181GRINDER CONCRETE FLOOR 16IN 240V 1PH $707 $1,628 4239 CONCRETE AND MASONRY - CHAIN SAWS 115 $116CHAIN SAW CONCRETE 12-16IN GAS $405 $897 2890 CONCRETE AND MASONRY - CONCRETE BUCKETS 100 $44CONCRETE BUCKET 3/4 YD $111 $290 1910 100 $44CONCRETE BUCKET 1 YD $111 $290 1920 100 $63CONCRETE BUCKET 1-1/2 YD $153 $414 1930 100 $73CONCRETE BUCKET 2 YD $189 $430 1940 CONCRETE AND MASONRY - CONCRETE MIX & HAUL TRAILERS 610 $130TRAILER MIXING 27 CF 7000 LB $480 $1,014 1600 610 $140TRAILER MIXING 50 CF 10000 LB $502 $1,087 1620 CONCRETE AND MASONRY - CONCRETE MIXERS 100 $58CONCRETE MIXER 3-5CU. FT. PORTABLE ELEC $206 $434 1620 100 $91CONCRETE MIXER 9 CU. FT. TOWABLE GAS $321 $679 1690 100 $98CONCRETE MIXER 12 CU. FT. TOWABLE GAS $353 $739 1710 CONCRETE AND MASONRY - CORE DRILLS 100 $91CORE DRILL UP TO 3IN HAND HELD ELEC $326 $626 1420 100 $97CORE DRILL UPTO 6IN HAND HELD/STAND ELEC $339 $670 1440 100 $97CORE DRILL UPTO 6IN HAND HELD/BATTERY $339 $670 1441 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 594 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH CONCRETE AND MASONRY - CORE DRILLS 100 $111CORE DRILL UP T0 12IN STAND ELEC $381 $814 1470 CONCRETE AND MASONRY - CURB MOLDING MACHINES 100 $377CURB MOLDING MACHINE GAS $1,051 $2,330 3410 CONCRETE AND MASONRY - DEMOLITION ROBOT 230 $1,163DEMOLITION ROBOT DXR300 4300LB 17FT ELEC $3,348 $8,091 1100 CONCRETE AND MASONRY - DEMOLITION ROBOT ATTACHMENTS 230 $204BREAKER DEMOLITION ROBOT 440LB DXR300 $510 $1,497 1210 CONCRETE AND MASONRY - HANDHELD CUTOFF SAWS 100 $58CONCRETE CUTOFF SAW 12IN DUSTLES HH ELEC $206 $434 2700 100 $88CONCRETE CUTOFF SAW 12IN HAND HELD BATT $287 $666 2705 100 $58CONCRETE CUTOFF SAW 14IN HAND HELD ELEC $206 $434 2710 100 $73CONCRETE CUTOFF SAW 12IN HAND HELD GAS $251 $542 2720 100 $73CONCRETE CUTOFF SAW 14IN HAND HELD GAS $251 $542 2730 100 $83CONCRETE CUTOFF SAW 16IN HAND HELD GAS $279 $609 2740 100 $73CONCRETE CUTNBRK SAW 16IN HAND HELD GAS $257 $542 2780 CONCRETE AND MASONRY - MORTAR MIXERS 100 $63MORTAR MIXER 4 CU. FT. PORTABLE ELEC $222 $471 1720 100 $91MORTAR MIXER 6 CU. FT. TOWABLE GAS $321 $679 1740 100 $91MORTAR MIXER 7 CU. FT. TOWABLE GAS $321 $679 1750 100 $91MORTAR MIXER 8 CU. FT. TOWABLE GAS $321 $679 1760 100 $91MORTAR MIXER 9 CU. FT. TOWABLE GAS $321 $679 1770 100 $101MORTAR MIXER 12 CU. FT. TOWABLE GAS $344 $725 1780 CONCRETE AND MASONRY - REBAR CUTTERS 100 $63CUTTER REBAR UP TO 1 IN $222 $471 1950 CONCRETE AND MASONRY - ROTARY & HAMMER DRILLS 100 $47ROTARY HAMMER 1/4-1 IN SDS BATTERY $171 $363 1050 100 $47ROTARY HAMMER 3/16-3/4IN SDS PLUS ELEC $171 $363 1090 100 $47ROTARY HAMMER SDS MAX COMBO 1-9/16IN BAT $171 $363 1110 100 $58ROTARY HAMMER SDS MAX COMBO 1/2-6IN ELEC $205 $434 1140 100 $58ROTARY HAMMER SDS MAX COMBO 1/2-3IN ELEC $205 $434 1150 100 $97CONCRETE WHEEL BUGGY 8-10 CU FT BATT $280 $628 1862 CONCRETE AND MASONRY - SCANNERS 100 $530CONCRETE SCANNER IMAGE DETECTION SYSTEM $1,560 $4,464 1410 CONCRETE AND MASONRY - SCREEDS Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 595 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH CONCRETE AND MASONRY - SCREEDS 100 $77CONCRETE SCREED PORTABLE 10-16FT GAS $274 $572 2500 CONCRETE AND MASONRY - TILE SAWS 100 $86CONCRETE BRICK SAW 14IN ELEC $308 $652 3070 100 $86CONCRETE BRICK SAW 14IN GAS $308 $652 3080 100 $63TILE AND STONE COMBICUT SAW 10IN ELEC $222 $471 3220 100 $63TILE SAW UP TO 10IN ELEC $222 $471 3230 CONCRETE AND MASONRY - TROWELS 100 $83CONCRETE TROWEL MACHINE 24IN W/B GAS $292 $605 2595 100 $83CONCRETE TROWEL MACHINE 36IN W/B GAS $292 $605 2600 100 $91CONCRETE TROWEL MACHINE 46IN W/B GAS $321 $651 2610 100 $91CONCRETE TROWEL MACHINE 48IN W/B GAS $321 $651 2620 100 $241CONCRETE TROWEL 72-96 POWER RIDE-ON GAS $828 $1,811 2650 CONCRETE AND MASONRY - VIBRATORS 100 $60CONCRETE VIBRATOR 1HP ELEC $219 $465 2110 100 $60CONCRETE VIBRATOR 2HP ELEC $219 $465 2120 100 $60CONCRETE VIBRATOR 3HP ELEC $219 $465 2130 100 $83HIGH FREQ INTERNAL CONCRETE VIBRATOR $292 $616 2230 100 $67CONCRETE VIBRATOR BACKPACK GAS $240 $508 2360 100 $60CONCRETE CUTNBRK SAW 14IN HAND HELD ELEC $214 $471 2775 CONCRETE AND MASONRY - WALK-BEHIND SAWS 100 $83CONCRETE PUSH 20IN W/B SAW 10-19 HP GAS $292 $614 2810 100 $121CONCRETE SP 20IN W/B SAW 10-19 HP GAS $414 $874 2820 100 $144CONCRETE SP 24IN W/B SAW 20-29 HP GAS $502 $1,060 2840 100 $233CONCRETE SP 30IN W/B SAW 30-39 HP GAS $711 $1,488 2850 100 $97CONCRETE PUSH WB SAW 0-9 HP ELEC 240V 1P $343 $724 2870 100 $153CONCRETE SELFPROP W/B SAW 20-29 HP LPN $535 $1,135 2895 100 $298CONCRETE SP 36IN W/B SAW 40-49 HP DSL $828 $1,767 2910 100 $456CONCRETE SELFPROP W/B SAW 70 - 79 HP DSL $1,152 $2,381 2925 100 $126CONCRETE EARLY ENTRY SAW PUSH 6IN GAS $442 $977 2950 100 $50CABLE CUTTER 2IN HAND HELD BATTERY $140 $419 7525 105 $23VACUUM BACKPACK $78 $219 1605 105 $135WASHER 4000 PSI DUAL WAND & ROTARY GAS $480 $1,046 2065 110 $47LIGHT CART LED 200 WATT 1-LAMP $83 $228 1553 110 $69LIGHT CART LED 300-400 WATT 2-LAMP $128 $293 1555 110 $60LIGHT AREA LED W/TRIPOD HAZ LOC $176 $527 2015 110 $16LIGHT TUBULAR LED FOR INSPECTION HAZ LOC $47 $156 2043 CONTRACTOR AND INDUSTRIAL - Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 596 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH CONTRACTOR AND INDUSTRIAL - 125 $23PRO PEX PIPE EXPANDER 1/2 3/4 1IN BATT $64 $177 2380 135 $42EYE WASH STATION $115 $317 3900 CONTRACTOR AND INDUSTRIAL - AERATORS 115 $86AERATOR 10-19IN WIDTH WALKBEHIND $300 $616 1810 115 $128AERATOR 20-29IN WIDTH WALKBEHIND $461 $965 1820 115 $235AERATOR 20-29 IN WIDTH RIDE ON $783 $2,066 1840 115 $429AERATOR 20-29 IN R/O W/ SEED BOX $1,462 $3,622 1841 CONTRACTOR AND INDUSTRIAL - AIR BREAKERS 120 $44BREAKER 30-39LB AIR $153 $321 1610 120 $47BREAKER 40-49LB AIR $171 $344 1620 120 $54BREAKER 60-69LB AIR $181 $391 1640 120 $65BREAKER 90-99LB AIR $233 $484 1660 CONTRACTOR AND INDUSTRIAL - AIR CHIPPING HAMMERS 120 $44CHIPPING HAMMER RETAINER 13-20 LB AIR $149 $307 1520 CONTRACTOR AND INDUSTRIAL - AIR CLAY SPADES 120 $44CLAY DIGGER 30-39 LB AIR $153 $321 1700 CONTRACTOR AND INDUSTRIAL - AIR GRINDERS 120 $19GRINDER BATWING 7INCH AIR $50 $135 3000 120 $19GRINDER ANGLE 4 IN AIR $50 $135 3010 120 $19GRINDER HORIZ 7 IN AIR $50 $135 3020 120 $19GRINDER VERTICAL 7 IN AIR $50 $135 3025 120 $14GRINDER DIE RIGHT ANGLE 1/4IN AIR $37 $107 3040 CONTRACTOR AND INDUSTRIAL - AIR HORIZONTAL DRILLS 120 $19DRILL HORIZ 1/2INCH AIR $50 $140 3500 120 $16DRILL HORIZ 3/8 AIR $37 $107 3510 CONTRACTOR AND INDUSTRIAL - AIR IMPACT WRENCHES 130 $24WRENCH IMPACT 1/2 IN BATTERY $78 $165 1650 130 $47WRENCH IMPACT 3/4 IN BATTERY $155 $335 1655 130 $38WRENCH IMPACT 1/2 IN ELEC $102 $274 1670 130 $44WRENCH IMPACT 3/4 IN ELEC $115 $297 1680 135 $19WRENCH IMPACT 1/2 IN AIR $37 $73 2580 135 $21WRENCH IMPACT 3/4 IN AIR $43 $117 2590 135 $37WRENCH IMPACT 1 IN AIR D-HANDLE $75 $214 2600 135 $59WRENCH IMPACT 1 IN AIR PISTOL $167 $385 2605 135 $54WRENCH IMPACT 1-1/2 IN AIR $102 $293 2610 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 597 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH CONTRACTOR AND INDUSTRIAL - AIR IMPACT WRENCHES 135 $54WRENCH IMPACT SPLINE 1-1/2 IN AIR $102 $293 2620 135 $54WRENCH IMPACT SPLINE 1 IN AIR $102 $293 2640 CONTRACTOR AND INDUSTRIAL - AIR NAILERS 100 $28NAILER FRAMING AIR $102 $218 5620 100 $28NAILER FINISHING AIR $102 $218 5630 100 $28NAILER ROOFING AIR $102 $218 5640 CONTRACTOR AND INDUSTRIAL - AIR NUTRUNNERS 135 $115TORQUE NUTRUNNER AIR .75IN SQ 1K $286 $805 2750 135 $288TORQUE NUTRUNNER AIR 1IN SQ 3K $686 $1,932 2757 CONTRACTOR AND INDUSTRIAL - AIR RECIPROCATING SAWS 120 $37SAW RECIPROCATING HAND AIR $98 $251 3610 120 $37SAW HACK HAND HELD AIR $98 $251 3620 CONTRACTOR AND INDUSTRIAL - AIR RIVET BUSTERS 120 $45RIVET BUSTER 6 IN STROKE $101 $260 2010 120 $33CHIPPING HAMMER 4IN STROKE ROUND $74 $201 2020 120 $70RIVET BUSTER 8IN STROKE $234 $512 2030 120 $74RIVET BUSTER 11IN STROKE $270 $563 2040 CONTRACTOR AND INDUSTRIAL - AIR ROCK DRILLS 120 $56ROCK DRILL 1-9 LB AIR $200 $400 1750 120 $63ROCK DRILL 10-19 LB AIR $222 $471 1760 120 $67ROCK DRILL 30-39 LB AIR $240 $502 1780 120 $83ROCK DRILL 60-69 LB AIR $284 $595 1820 CONTRACTOR AND INDUSTRIAL - AIR ROCK SPLITTERS 120 $101ROCK SPLITTER $321 $892 1900 120 $116ROCK SPLITTER POWER BOX $290 $638 1910 CONTRACTOR AND INDUSTRIAL - BED EDGERS 115 $91BED EDGER $279 $595 1960 CONTRACTOR AND INDUSTRIAL - BLOWERS 115 $19LEAF BLOWER HANDHELD GAS $68 $144 2410 115 $34LEAF BLOWER BACKPACK GAS $120 $253 2420 115 $54LEAF BLOWER WALKBEHIND GAS $189 $398 2430 115 $142STRAW BLOWER 4 TON PER HOUR $443 $1,214 2435 115 $237STRAW BLOWER 7 TON PER HOUR $570 $1,535 2440 CONTRACTOR AND INDUSTRIAL - BRUSH CHIPPERS Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 598 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH CONTRACTOR AND INDUSTRIAL - BRUSH CHIPPERS 115 $279BRUSH CHIPPER 6-7IN 20 - 25 HP GAS $818 $1,628 3510 115 $474BRUSH CHIPPER 10-12IN 49 - 74 HP DSL $1,159 $2,837 3540 115 $474BRUSH CHIPPER 12IN 49 - 90 HP GAS $1,159 $2,837 3545 115 $820BRUSH CHIPPER 18IN 170 - 179 HP DSL $2,111 $4,394 3570 CONTRACTOR AND INDUSTRIAL - CHAIN SAWS 115 $44CHAIN SAW 16IN ELECTRIC $153 $326 2700 115 $54CHAIN SAW 16IN GAS $189 $398 2770 115 $63CHAIN SAW 18IN GAS $222 $471 2780 115 $63CHAIN SAW 20IN GAS $222 $471 2790 115 $73CHAIN SAW 25IN GAS $257 $542 2810 CONTRACTOR AND INDUSTRIAL - CIRCULAR SAWS 100 $19SAW CIRCULAR 7 1/4IN BLADE ELEC $65 $144 6510 100 $47SAW CIRCULAR 16 IN ELEC $171 $358 6530 100 $19SAW WORM DRIVE TYPE 7-1/4IN ELEC $65 $144 6540 CONTRACTOR AND INDUSTRIAL - COLD WATER PRESSURE WASHERS 105 $76WASHER 1000-1999 PSI GAS $274 $579 2000 105 $76WASHER 1000 PSI ELEC 120V 12.5-15AMP $274 $579 2010 105 $77WASHER SURFACE 1500 PSI ELEC 120V 19AMP $307 $651 2015 105 $76WASHER 2000-2999 PSI GAS $274 $579 2020 105 $107WASHER 3000 PSI DSL $375 $791 2040 105 $97WASHER 3000-3999 PSI GAS $343 $670 2050 105 $97WASHER 4000-4999 PSI GAS $343 $670 2060 105 $135WASHER 5000-5999 PSI GAS $480 $1,046 2070 CONTRACTOR AND INDUSTRIAL - CONDUIT BENDERS, ELECTRIC 125 $106CONDUIT BENDER UP TO 2 555 ELEC $283 $725 2000 125 $138CONDUIT BENDER PVC/RIG/EMT/IMC 1/2-2 ELE $352 $864 2020 CONTRACTOR AND INDUSTRIAL - CONDUIT BENDERS, HYDRAULIC 125 $183CONDUIT BENDER 2-1/2-4IN EMT/IMC/RIGID $642 $1,253 2010 CONTRACTOR AND INDUSTRIAL - CONFINED SPACE RESCUE KITS 100 $86SAFETY CONFINED SPACE ENTRY TRIPOD $222 $563 8220 CONTRACTOR AND INDUSTRIAL - CORDLESS RECIPROCATING SAWS 100 $19SAW RECIPROCATING HAND ELEC $65 $144 6570 CONTRACTOR AND INDUSTRIAL - CRIMPERS 130 $132CABLE CRIMPER 15 TON 18V BATTERY U-DIE $265 $679 1560 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 599 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH CONTRACTOR AND INDUSTRIAL - CRIMPING TOOLS 130 $47CABLE CRIMPER 12 TON 18V BATTERY U-DIE $171 $403 1950 CONTRACTOR AND INDUSTRIAL - DIAMOND GRINDERS 100 $50GRINDER POLISH DIAMOND 5IN DUSTLESS ELEC $121 $279 4560 100 $111GRINDER DIAMOND 6IN DUSTLESS ELEC $394 $832 4570 CONTRACTOR AND INDUSTRIAL - DIE GRINDERS 100 $14GRINDER DIE 2-1/2 IN ELEC $37 $70 4510 CONTRACTOR AND INDUSTRIAL - DIGITAL PIPE LOCATORS 125 $101LOCATOR PIPE DIGITAL KIT $260 $656 2560 CONTRACTOR AND INDUSTRIAL - DNS 100 $24JEEPER PIPE INSPECTOR $64 $180 7090 CONTRACTOR AND INDUSTRIAL - DRAIN CLEANERS 125 $58PIPE SNAKE 1/2IN WIDE 75FT CABLE $206 $395 1420 125 $58PIPE SNAKE 2IN WIDE 50FT CABLE $206 $395 1440 125 $44PIPE SNAKE 1-2IN WIDE 25FT CABLE $107 $200 1460 125 $73PIPE SNAKE 3-6IN WIDE 100FT CABLE $257 $542 1470 CONTRACTOR AND INDUSTRIAL - DRYWALL SANDERS 100 $47SANDER DRYWALL 9 IN HEAD 62 IN REACH $171 $363 5060 CONTRACTOR AND INDUSTRIAL - ELECTRIC BREAKERS 100 $58BREAKER 20-24LB ELEC DEMO HAMMER $205 $434 1250 100 $67BREAKER 25-29LB ELEC $237 $502 1260 100 $83BREAKER 30-39LB ELEC $288 $616 1270 100 $97BREAKER 30-39LB BATTERY $343 $724 1275 100 $97BREAKER 60-69LB ELEC $343 $724 1300 100 $63CART FOR ELECTRIC BREAKER $222 $471 1320 CONTRACTOR AND INDUSTRIAL - EXPLOSION PROOF LIGHTING 110 $8LIGHT DROP LED 120V HAZ LOC $26 $75 2000 110 $47LIGHT FLOOD INCAN 110V HAZ LOC ELEC $121 $342 2010 110 $140LIGHT BRICK LED HAZ LOC $372 $1,116 2030 110 $22LIGHT FLOOD FLOOR LED 40W H.D. $60 $121 2034 110 $97LIGHT FLOOD LED H/L 40W CLS 1 DIV 1 $291 $551 2044 110 $46LIGHT FLOOD 400W MH HAZ LOC CLS1 DIV2 $113 $285 2049 110 $126LIGHT STRING LED 100FT HAZ LOC $347 $947 2050 110 $144LIGHT STRING INCAN 12V HAZ LOC $381 $1,016 2080 110 $40LIGHT WORK INCAN 120V/12V HAZ LOC $140 $297 2110 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 600 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH CONTRACTOR AND INDUSTRIAL - FLANGE SPREADERS 125 $47FLANGE SPREADER 5 TON HYD DROP PIN $126 $358 2405 125 $42FLANGE SPREADER 5TONS RATCHET $98 $165 2410 125 $65FLANGE SPREADER 10 TON HYD DROP PIN $177 $462 2440 125 $74FLANGE SPREADER 14TON HYD $205 $558 2450 125 $76FLANGE SPREADER 20TONS RATCHET $219 $567 2460 CONTRACTOR AND INDUSTRIAL - FLOOR NAILERS 100 $149ABRASIVE BLASTING POT 6.5 CU FT $419 $1,582 5165 100 $38NAILER FLOORING AIR $135 $264 5210 100 $28NAILER SIDING AIR $102 $218 5670 CONTRACTOR AND INDUSTRIAL - HAND PLANERS 100 $73PLANER BENCH 12 IN ELEC $214 $391 6200 CONTRACTOR AND INDUSTRIAL - HEDGE TRIMMERS 115 $33HEDGE TRIMMER 24IN ELEC $112 $233 2020 115 $44HEDGE TRIMMER 24IN GAS $153 $257 2060 115 $58HEDGE TRIMMER 24IN ON A 42IN SHAFT GAS $167 $316 2070 115 $58HEDGE TRIMMER 30IN GAS $167 $316 2080 CONTRACTOR AND INDUSTRIAL - HORIZONTAL DRILLS 100 $19DRILL 1/2IN ELEC $68 $145 1550 100 $19DRILL 3/8IN BATTERY $68 $145 1570 CONTRACTOR AND INDUSTRIAL - HOT WATER PRESSURE WASHERS 105 $153WASHER 1000-1999 PSI HOT WATER ELEC $550 $965 2505 105 $173WASHER 3000-3999 PSI HOT WATER GAS $605 $1,218 2515 CONTRACTOR AND INDUSTRIAL - HYDRAULIC PUNCHES 130 $77PUNCH HYDRAULIC 35 TON $274 $579 1750 CONTRACTOR AND INDUSTRIAL - HYDROSTATIC TEST PUMPS 125 $48PUMP HYDROSTATIC TEST 1500 PSI MANUAL $124 $298 1195 125 $58PUMP HYDROSTATIC TEST 3000 PSI MANUAL $141 $395 1200 125 $58PUMP HYDROSTATIC TEST 6000 PSI MANUAL $141 $395 1205 125 $107PUMP HYDROSTATIC TEST 500 PSI ELEC $270 $637 1210 125 $107PUMP HYDROSTATIC TEST 500 PSI GAS $270 $637 1240 125 $104PUMP HYDROSTATIC TEST 10000 PSI AIR $250 $586 1300 CONTRACTOR AND INDUSTRIAL - KNOCKOUT SETS 130 $37KNOCKOUT SET UP TO 2IN MANUAL HYD $84 $209 1300 CONTRACTOR AND INDUSTRIAL - LAWN EDGERS Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 601 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH CONTRACTOR AND INDUSTRIAL - LAWN EDGERS 115 $47EDGER LAWN $167 $316 1950 CONTRACTOR AND INDUSTRIAL - LEAF & DEBRIS VACUUMS 105 $77VACUUM WALK BEHIND LEAF $283 $760 3800 CONTRACTOR AND INDUSTRIAL - LEVELS 100 $38LEVEL OPTICAL TRANSIT $99 $261 7110 100 $159LEVEL LASER PIPE $411 $889 7140 100 $63LEVEL LASER VISIBLE $222 $471 7160 CONTRACTOR AND INDUSTRIAL - LIGHT TOWERS 510 $91LIGHT TOWER 50W LED SOLAR SKID $233 $626 1010 510 $205LIGHT TOWER 640W LED SOLAR TRAILER $507 $1,123 1015 510 $132LIGHT TOWER 200W LED SOLAR TRAILER $304 $823 1020 510 $125LIGHT TOWER VERT MAST MAN NARROW BODY $279 $511 1030 510 $125LIGHT TOWER HORIZ MAST MAN NARROW BODY $279 $511 1035 510 $125LIGHT TOWER VERT MAST ELEC NARROW BODY $279 $511 1040 510 $143LIGHT TOWER VERT MAST LED TRAILER $366 $789 1055 510 $121LIGHT TOWER BALLOON KIT $318 $456 1070 510 $91LIGHT TOWER MAN MAST 16FT LED CART 120V $235 $628 1080 510 $101LIGHT TOWER ELEC MAST 23FT LED CART 120V $265 $665 1082 510 $101LIGHT TOWER MAN MAST 23FT LED TRAIL 120V $265 $665 1084 510 $196LIGHT TOWER VERT MAST 20KW WIDE BODY $442 $1,251 1140 510 $225LIGHT TOWER CUBE VERT MAST LED SKID $532 $1,209 1160 CONTRACTOR AND INDUSTRIAL - LOG SPLITTERS 115 $91LOG SPLITTER 20-30 TON TRAILER MTD GAS $326 $687 2900 CONTRACTOR AND INDUSTRIAL - MAGNETIC DRILLS 130 $83DRILL MAGNETIC BASE 3/4IN ELEC $219 $616 1220 130 $106DRILL MAGNETIC BASE 1-5/8 TO 2IN ELEC $283 $725 1240 130 $130DRILL MAGNETIC BASE 2-1/6IN AIR $353 $1,014 1280 CONTRACTOR AND INDUSTRIAL - MATERIAL HANDLING 140 $186FILTER POT SS 6 BAG VESSEL 6IN INLT SKID $547 $2,002 3316 140 $186FILTER POT SS 8 BAG VESSEL 8IN INLT SKID $547 $2,002 3318 CONTRACTOR AND INDUSTRIAL - METAL DETECTORS 100 $38METAL DETECTOR FERROUS $137 $290 7050 100 $19METAL DETECTOR TREASURE $56 $144 7060 125 $171PUMP HYDROSTATIC TEST 10000 PSI 2 STAGE $456 $1,277 1290 125 $251PIPE THREADER 2-1/2 TO 6IN ELECTRIC $724 $1,981 2315 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 602 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH CONTRACTOR AND INDUSTRIAL - MISCELLANEOUS SHOP EQUIPMENT 100 $79SNIFFER CONFINED SPACE 4-GAS DETECTOR $223 $634 7250 125 $13WELDER MOUNT AERIAL BASKET CST-280 $13 $33 2665 125 $33WELDER FRAME 6 PACK $79 $132 2670 CONTRACTOR AND INDUSTRIAL - MITER SAWS 100 $44SAW MITER SLIDE COMPOUND 12 IN ELEC $153 $321 6620 CONTRACTOR AND INDUSTRIAL - MOWERS 115 $28MOWER LAWN 20-24IN PUSH GAS $102 $214 2190 115 $38MOWER LAWN 20-24IN SELF PROPELLED GAS $137 $268 2200 115 $111MOWER BRUSH 26-28IN SELF PROPELLED GAS $394 $772 2230 115 $145MOWER BRUSH 36-48IN RIDING GAS 4WD $511 $1,014 2235 115 $145MOWER LAWN 49-60IN RIDING GAS $511 $1,014 2250 CONTRACTOR AND INDUSTRIAL - OVERSEADERS 115 $121OVERSEEDER WALKBEHIND GAS $339 $884 1850 CONTRACTOR AND INDUSTRIAL - PAINT SPRAYERS 100 $97SPRAYER PAINT STANDARD AIRLESS $339 $600 5500 100 $73SPRAYER PAINT MEDIUM AIRLESS $257 $542 5510 100 $204SPRAYER PAINT PAVEMENT STRIPER GAS $772 $1,495 5515 CONTRACTOR AND INDUSTRIAL - PIPE BENDERS 100 $98CONDUIT BENDING TABLE $195 $391 7530 CONTRACTOR AND INDUSTRIAL - PIPE BEVELING TOOLS 125 $33PIPE CUTTER BEVELLER 3-8 $85 $218 2170 125 $37PIPE CUTTER BEVELLER 7-12 $102 $264 2180 125 $51PIPE CUTTER BEVELLER 14-20 $129 $363 2190 CONTRACTOR AND INDUSTRIAL - PIPE CAMERAS 125 $167CAMERA SEWER 1-1/2-3 HANDHELD $344 $694 1595 125 $193CAMERA SEWER 3-10 $686 $1,449 1600 125 $47BURIED LINE PIPE AND CAMERA LOCATOR $171 $363 1610 125 $54BURIED LINE TRANSMITTER NO LOCATOR $94 $358 1615 CONTRACTOR AND INDUSTRIAL - PIPE CLAMPS 125 $14LINE UP CLAMP ADJ 4IN - 16IN $38 $108 2510 CONTRACTOR AND INDUSTRIAL - PIPE CUTTERS 125 $58PIPE CUTTER 8 STRAIGHT $153 $314 2110 125 $65PIPE CUTTER 12 STRAIGHT $179 $394 2120 125 $77PIPE CUTTER 16 STRAIGHT $206 $456 2130 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 603 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH CONTRACTOR AND INDUSTRIAL - PIPE CUTTERS 125 $93PIPE CUTTER 24 STRAIGHT $256 $656 2150 125 $74PIPE CUTTER BEVELLER 4IN AND UP ELEC $206 $579 2230 CONTRACTOR AND INDUSTRIAL - PIPE GROOVERS 125 $47PIPE ROLL GROOVER ATTACHMENT 2-12 $128 $363 2570 CONTRACTOR AND INDUSTRIAL - PIPE PRESS 125 $73PIPE PRESS TOOL PRO 1/2 - 2 IN BATT $257 $542 2690 CONTRACTOR AND INDUSTRIAL - PIPE STANDS 125 $14STAND VISE PIPE YOKE $38 $108 2530 CONTRACTOR AND INDUSTRIAL - PIPE THREADERS 125 $132PIPE THREADER 535 1/8-2 ELEC $279 $635 2300 125 $179PIPE THREADER 1224 1/4-4 ELEC $429 $965 2310 125 $67PIPE THREADER 700 POWER PONY $179 $462 2320 125 $58PIPE THREADER GEARED ATTACH 2 1/2-4 141 $153 $419 2340 125 $115PIPE THREADER 300 1/8-2 ELEC $372 $665 2360 CONTRACTOR AND INDUSTRIAL - PLASMA CUTTERS 550 $100PLASMA CUTTER 7/8IN 1PH 120/240V $240 $591 3010 550 $99PLASMA CUTTER 5/8IN AIRCOMP 1PH 120/240V $266 $698 3015 550 $193PLASMA CUTTER 1-1/4IN 1PH/480V 3PH/600V $470 $1,279 3030 550 $456PLASMA CUTTER 1-3/4IN 3PH 600V $1,112 $2,864 3060 CONTRACTOR AND INDUSTRIAL - POLE PRUNERS 115 $47POLE PRUNER 7IN REACH GAS $171 $363 2754 115 $54POLE PRUNER SAW 8-12FT REACH GAS $189 $398 2755 CONTRACTOR AND INDUSTRIAL - PORTABLE 175 $195SURVEILLANCE PRIMARY CAMERA UNIT $484 $1,209 1100 175 $135SURVEILLANCE TRAILER NO CAMERA SOLAR $301 $586 1102 175 $70SURVEILLANCE SECONDARY CAMERA UNIT $163 $464 1110 175 $116SURVEILLANCE CAMERA W TRIPOD 115V $270 $789 1115 CONTRACTOR AND INDUSTRIAL - PORTABLE BAND SAWS 100 $38SAW BANDSAW HAND ELEC $135 $284 6710 120 $37SAW BAND HAND AIR $98 $251 3630 CONTRACTOR AND INDUSTRIAL - PORTABLE LIGHTS 110 $19LIGHT STAND LED 1-LAMP FLOOD $75 $149 1550 110 $38LIGHT WOBBLE LED 36IN $127 $284 1570 110 $21LIGHT LED 360 DEGREE TRIPOD BATTERY $54 $150 1577 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 604 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH CONTRACTOR AND INDUSTRIAL - PORTABLE LIGHTS 110 $73LIGHT BALLOON LAMP LED 300/575 WATT $161 $405 1580 110 $69LIGHT BALLOON LAMP 1000 WATT LED $101 $306 1582 110 $73LIGHT BALLOON LAMP 1000 WATT HALIDE $161 $405 1590 110 $101LIGHT STRING 80FT LED 12V HAZ LOC $222 $409 2055 CONTRACTOR AND INDUSTRIAL - PORTABLE TABLE SAWS 100 $44SAW TABLE 10IN BLADE ELEC $153 $326 6650 CONTRACTOR AND INDUSTRIAL - POST DRIVERS 115 $97POST DRIVER 55LB AIR $343 $724 2600 115 $97POST DRIVER 45LB GAS $343 $724 2610 CONTRACTOR AND INDUSTRIAL - POSTHOLE AUGERS 115 $97POSTHOLE AUGER ONE MAN GAS $339 $724 2490 115 $97POSTHOLE AUGER ONE MAN TOWABLE GAS $339 $724 2500 115 $97POSTHOLE AUGER TWO MAN GAS $339 $724 2540 CONTRACTOR AND INDUSTRIAL - PRESSURE WASHERS WITH WATER TANK & TRAILER 105 $293WASHER TRAILER MOUNTED 3000 PSI DSL $698 $1,483 2800 105 $279WASHER TRAILER NO TANK 3-4K PSI HOT GAS $695 $1,426 2805 105 $293WASHER TRAILER W/TANK 3-4K PSI HOT GAS $698 $1,483 2810 105 $298WASHER TRAILER MNT 3000-3999PSI HOT DSL $702 $1,497 2830 CONTRACTOR AND INDUSTRIAL - PVC HEATERS 125 $58PVC HEATER/BENDER 4 IN 120V $153 $414 1997 CONTRACTOR AND INDUSTRIAL - REBAR TOOLS 125 $101BENDER CUTTER REBAR 3/4 HYD $265 $720 2030 125 $101BENDER REBAR 0 TO 180 HYD $265 $720 2040 CONTRACTOR AND INDUSTRIAL - RETRACTABLE LIFELINES 100 $28SAFETY WINCH EVAC 50 $81 $180 8230 100 $77SAFETY LIFELINE 65 $153 $284 8235 100 $33FALL PROTECTION SELF-RETRACTING YOYO 60 $120 $345 8240 CONTRACTOR AND INDUSTRIAL - RIGHT ANGLE DRILLS 100 $24DRILL 1/2 IN RIGHT ANGLE ELECTRIC $84 $180 6000 CONTRACTOR AND INDUSTRIAL - RIGHT ANGLE GRINDERS 100 $15GRINDER R-ANGLE 4-1/2IN ELEC $38 $76 4810 100 $15GRINDER RIGHT ANGLE 5 IN ELEC $38 $76 4820 100 $15GRINDER RIGHT ANGLE 7 IN ELEC $38 $76 4840 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 605 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH CONTRACTOR AND INDUSTRIAL - SANDERS 100 $14SANDER DISC 7 IN ELEC $50 $107 4970 CONTRACTOR AND INDUSTRIAL - SCREW GUNS 100 $14SCREWGUN $42 $79 6100 CONTRACTOR AND INDUSTRIAL - SEEDERS 115 $456HYDRO SEEDER TRAILER MNT 600-700 GALLON $1,191 $3,081 1880 CONTRACTOR AND INDUSTRIAL - SEWER JETS 125 $33SEWER JETTER ELEC MINI $121 $262 1490 125 $83SEWER JETTER ELEC $292 $616 1500 125 $121SEWER JETTER GAS $326 $660 1510 CONTRACTOR AND INDUSTRIAL - SHEERS 130 $79SHEAR WRENCH 5/8-3/4-7/8IN ELECTRIC $193 $363 1720 CONTRACTOR AND INDUSTRIAL - SIDING BRAKES 100 $19SIDING BRAKE $43 $100 7040 CONTRACTOR AND INDUSTRIAL - SOD CUTTERS 115 $91SOD CUTTER 12IN CUT W/B $326 $674 1700 115 $91SOD CUTTER 18IN CUT W/B $326 $674 1710 CONTRACTOR AND INDUSTRIAL - STAPLERS 100 $28STAPLER FLOORING AIR $102 $214 5650 CONTRACTOR AND INDUSTRIAL - STATIONARY CHOP SAWS 100 $38SAW CHOP 14IN BLADE ELEC $137 $290 6640 CONTRACTOR AND INDUSTRIAL - STREET SWEEPERS 105 $298SWEEPER CONTRUCTION RIDE ON 3 WHEEL $742 $1,629 3000 105 $358SWEEPER CONTRUCTION RIDE ON 4 WHEEL CAB $893 $2,253 3020 CONTRACTOR AND INDUSTRIAL - STUD GUNS 100 $44STUD GUN FASTNER POWDER FIRED $153 $326 6810 CONTRACTOR AND INDUSTRIAL - STUMP GRINDERS 115 $231STUMP GRINDER 10 - 19 HP GAS $644 $1,409 3600 115 $251STUMP GRINDER 20 - 29 HP GAS $659 $1,449 3610 115 $331STUMP GRINDER 30 - 39 HP GAS $994 $2,093 3620 115 $530STUMP GRINDER 60 - 69 HP DSL $1,325 $2,656 3640 CONTRACTOR AND INDUSTRIAL - TAP AND DIE SETS Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 606 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH CONTRACTOR AND INDUSTRIAL - TAP AND DIE SETS 130 $14DIE KIT FOR 6AWG TO 750KCMIL ALUM CONN $34 $80 2150 130 $14DIE KIT FOR 6AWG TO 750KCMIL COPPER CONN $34 $80 2160 CONTRACTOR AND INDUSTRIAL - THATCHERS 115 $80DETHATCHER 20-22IN WALKBEHIND $284 $586 1770 CONTRACTOR AND INDUSTRIAL - TILLERS 115 $38TILLER 1 HP 10IN WIDTH HAND HELD $126 $284 1500 115 $64TILLER 4-5 HP 20-26IN WIDTH MID TINE $231 $488 1550 115 $67TILLER 6-8 HP 18-20IN WIDTH REAR TINE $240 $508 1570 115 $130TILLER 9-13 HP 18-20IN WIDTH REAR TINE $463 $977 1590 125 $21LINE UP CLAMP ADJ 6IN-36IN $60 $171 2520 130 $107CABLE CRIMPER DIELESS 12TON BATTERY $257 $747 1555 130 $76GRIP KIT WIRE SIZE 1/0 - 750MCM $169 $395 1955 135 $69TENSIONER CONV KIT STS3 1-5/8IN $191 $563 1142 135 $14TENSIONER CONV KIT STS3 1-3/4 IN $42 $126 1310 135 $40TENSIONER CONV KIT STS4 1-7/8 IN $112 $339 1314 135 $46TENSIONER CONV KIT STS5 2-1/2 IN $126 $381 1316 135 $59TENSIONER STS3 1-5/8 TO 2IN $153 $502 1340 135 $65TENSIONER STS4 1-7/8 TO 2-1/2 $186 $539 1341 135 $21TENSIONER CONV KIT F/STS3 2IN $51 $167 1342 135 $65TENSIONER 2-1/4IN HYD $186 $530 1343 135 $69TENSIONER STS5 2-1/2 TO 3 $191 $539 1345 135 $47TENSIONER STS2 1-1/4 TO 1-1/2 $126 $432 1380 135 $279PUMP PNEUMATIC TENSIONER 27500 PSI $744 $2,318 2200 135 $225WRENCH TORQUE 1 SQ 3K FT/LBS HYD $591 $1,668 3069 135 $321WRENCH TORQUE 1.5 SQ 5K FT/LBS HYD $870 $2,418 3089 135 $369WRENCH TORQUE 1.5 SQ 11K FT/LBS HYD $977 $2,711 3091 135 $259TORQUE NUTRUNNER AIR 1.5IN SQ 6K $744 $2,046 3196 135 $34TORQUE HEX LINK 1-1/4 2000 FT/LB HYD $88 $253 3405 CONTRACTOR AND INDUSTRIAL - TORQUE WRENCHES 135 $11FILTER/REGULATOR/LUBRICATOR CONTROL UNIT $34 $98 2740 135 $83WRENCH TORQUE 0.75 SQ 1K FT/LBS HYD $219 $616 3050 135 $293WRENCH TORQUE 1.5 SQ HYD $842 $2,497 3110 135 $63WRENCH TORQUE PWR HEAD 8K FT/LBS HYD $167 $471 3130 135 $88WRENCH TORQUE PWR HEAD 16K FT/LBS HYD $326 $687 3140 135 $334WRENCH TORQUE 1 SQ 36V ELEC $880 $2,437 3142 135 $47WRENCH TORQUE PWR HEAD 4K FT/LBS HYD $128 $363 3210 135 $28WRENCH TORQUE PWR HEAD 2K FT/LBS HYD $77 $218 3230 135 $19WRENCH TORQUE 1/2 250 FT/LBS MANUAL $47 $132 3270 135 $19WRENCH TORQUE 3/4 600 FT/LBS MANUAL $47 $132 3290 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 607 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH CONTRACTOR AND INDUSTRIAL - TORQUE WRENCHES 135 $19MULTPLY TORQUE WRENCH 3/4X1 3000 FT/LBS $47 $132 3310 135 $23WRENCH TORQUE 1IN 1000 FT/LBS MANUAL $65 $189 3370 135 $8WRENCH TORQUE 3/8 10-100 FT/LBS MANUAL $25 $73 3390 135 $34TORQUE HEX LINK 1-5/8 2000 FT/LBS HYD $88 $253 3410 135 $34TORQUE HEX LINK 1-13/16 2000 FT/LBS HYD $88 $253 3430 135 $38TORQUE HEX LINK 2 4000 FT/LBS HYD $102 $290 3435 135 $38TORQUE HEX LINK 2-3/8 4000 FT/LBS HYD $102 $290 3450 135 $47TORQUE HEX LINK 3-1/8 8000 FT/LBS HYD $117 $363 3470 135 $47TORQUE HEX LINK 2-3/8 8000 FT/LBS HYD $117 $363 3480 135 $38TORQUE HEX LINK 2-3/16 4000 FT/LBS HYD $102 $290 3490 135 $34TORQUE HEX LINK 1-7/16 2000 FT/LBS HYD $88 $253 3550 135 $47TORQUE HEX LINK 2-9/16 8000 FT/LBS HYD $117 $363 3570 135 $88TORQUE HEX LINK 4-5/8 16800 FT/LBS HYD $242 $679 3650 135 $38TORQUE HEX LINK 2-15/16 4000 FT/LBS HYD $102 $290 3670 135 $47TORQUE HEX LINK 2-3/4 8000 FT/LBS HYD $117 $363 3690 135 $38TORQUE HEX LINK 2-9/16 4000 FT/LBS HYD $102 $290 3750 135 $38TORQUE HEX LINK 2 2000 FT/LB HYD $102 $290 3770 135 $33PIPE ROLLER IDLER 8T LOW PROFILE $88 $246 5100 135 $33TORQUE M2 HEX LINK 1-13/16 1300FT/LBSHYD $88 $246 5220 135 $56TORQUE M2 HEX LINK 2 3/8" $102 $279 5229 CONTRACTOR AND INDUSTRIAL - TUNNEL BORER 120 $140PIERCING TOOL 2 IN AIR $298 $805 3990 120 $218PIERCING TOOL 3 IN AIR $514 $1,449 4000 CONTRACTOR AND INDUSTRIAL - WALLPAPER REMOVERS 100 $34WALLPAPER REMOVER LARGE $120 $251 7010 CONTRACTOR AND INDUSTRIAL - WEED WACKERS 115 $38WEED EATER GAS $102 $386 2320 CONTRACTOR AND INDUSTRIAL - WELDERS 550 $40WELDER MIG 200 - 299 AMPS 230V $97 $264 1250 550 $38WELDER TIG / STICK 200-249 AMPS ELEC $68 $219 1270 550 $65WELDER TIG / STICK 208-575 AMPS ELEC $200 $490 1272 550 $38SKYWELDER INVERTER WELDER 250-300AMP $86 $241 1275 550 $38WELDER INVERTER CC ONLY 250-299 AMPS $86 $241 1280 550 $38WELDER INVERTER CC/CV 300-399 AMPS $86 $241 1290 550 $38WELDER INVERTER CC/CV 350-399 AMPSLEC $86 $241 1300 550 $38WELDER STATIONARY 400 - 449 AMPS ELEC $86 $241 1310 550 $86WELDER ENGINE DRIVE 180-189 AMP GAS $214 $510 1540 550 $86WELDER ENGINE DRIVE 250-299 AMPS GAS $214 $510 1600 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 608 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH CONTRACTOR AND INDUSTRIAL - WELDERS 550 $86WELDER ENGINE DRIVE 300-249 AMP GAS $214 $510 1610 550 $86WELDER ENGINE DRIVE 250-299 AMPS LP $214 $510 1760 550 $80WELDER TOWABLE 300 - 349 AMPS DSL $197 $521 1850 550 $133WELDER TOWABLE 400 - 449 AMPS DSL $279 $591 1870 550 $172WELDER TOWABLE 500 - 549 AMPS DSL $321 $804 1880 550 $152WELDER TOWABLE 300-349AMPS DUAL-OPER DSL $335 $665 1900 550 $152WELDER TOWABLE 400-449AMPS DUAL-OPER DSL $353 $688 1905 550 $63WELDER WIRE FEEDER 120 VOLT ELEC $167 $314 1950 550 $71WELDER WIRE FEEDER SINGLE REEL 24 VOLT $217 $353 1955 550 $64WELDER WIRE FEEDER SUITCASE STYLE $153 $296 1960 CONTRACTOR AND INDUSTRIAL - WELDING ACCESSORIES 550 $69WELDING FUME EXTRACTOR 95-132 CFM $182 $419 1400 EARTHMOVING - AGRICULTURAL TRACTORS 275 $202TRACTOR COMPACT 20-29HP 4WD DSL $577 $1,404 1120 275 $265TRACTOR 40-49HP 4WD DSL $655 $1,604 1160 275 $274TRACTOR 60-69HP 4WD DSL $686 $1,690 1200 275 $288TRACTOR 90-99HP 4WD DSL $685 $1,800 1300 275 $279TRACTOR LOADER 30-39HP 4WD DSL $749 $1,697 2140 275 $326TRACTOR SKIPLOADER 60-90HP 4WD DSL $893 $2,000 2200 EARTHMOVING - BACKHOE ATTACHMENTS 225 $46COUPLER/EXCAVATOR $126 $377 0010 290 $126COMPACTION WHEEL BACKHOE 12IN $335 $767 4010 290 $126COMPACTION WHEEL BACKHOE 18IN $335 $767 4015 290 $126COMPACTION WHEEL BACKHOE 24IN $335 $767 4020 290 $23BACKHOE ATTACHMENT THUMB $70 $126 4030 290 $46BACKHOE ATTACHMENT FORKS 42IN $126 $302 4050 290 $46BACKHOE ATTACHMENT FORKS 48IN $126 $302 4055 290 $50BACKHOE ATTACHMENT FORKS 60IN $132 $326 4060 290 $26BACKHOE BUCKET CRIBBING 8IN QC $54 $107 4100 290 $26BACKHOE BUCKET TRENCH 12IN QC $54 $107 4120 290 $26BACKHOE BUCKET TRENCH 18IN QC $54 $107 4140 290 $26BACKHOE BUCKET TRENCH 24IN QC $54 $107 4150 290 $26BACKHOE BUCKET TRENCH 30IN QC $54 $107 4160 290 $26BACKHOE BUCKET TRENCH 36IN QC $54 $107 4170 290 $26BACKHOE BUCKET SMOOTH 36IN QC $54 $107 4180 290 $46BACKHOE BUCKET TRENCH 42IN QC $106 $301 4190 290 $46BACKHOE BUCKET SMOOTH 48IN QC $106 $301 4205 290 $46BACKHOE BUCKET TRENCH 48IN QC $106 $301 4210 290 $126BACKHOE BUCKET 1YD SIDE DUMP $358 $767 4280 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 609 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH EARTHMOVING - BACKHOE ATTACHMENTS EARTHMOVING - BACKHOE LOADERS 210 $251BACKHOE COMPACT TLB 20-23HP 4WD ROPS DSL $789 $1,693 1100 210 $302BACKHOE COMPACT TLB 24-29HP 4WD ROPS DSL $902 $2,066 1200 210 $316BACKHOE 70-97HP 2WD ROPS DSL $851 $1,981 3100 210 $316BACKHOE 70-97HP 4WD ROPS DSL $851 $1,981 3200 210 $316BACKHOE 70-97HP 4WD ROPS EXTENDAHOE DSL $851 $1,981 3205 210 $349BACKHOE 70-97HP 4WD CAB DSL $921 $2,093 3250 210 $349BACKHOE 70-97HP 4WD CAB EXTENDAHOE DSL $921 $2,093 3255 210 $479BACKHOE 98-115HP 4WD ROPS EXTENDAHOE DSL $1,372 $3,395 4205 210 $479BACKHOE 98-115HP 4WD CAB DSL $1,372 $3,395 4250 210 $479BACKHOE 98-115HP 4WD CAB EXTENDAHOE DSL $1,372 $3,395 4255 210 $656BACKHOE OVER 115HP 4WD ROPS EXTENHOE DSL $1,851 $5,208 5205 210 $656BACKHOE OVER 115HP 4WD CAB DSL $1,851 $5,208 5250 210 $656BACKHOE OVER 115HP 4WD CAB EXTENDHOE DSL $1,851 $5,208 5255 EARTHMOVING - DOZERS 250 $609DOZER STD TRACK 70-85 HP ROPS $1,590 $3,887 1100 250 $609DOZER WIDE TRACK 70-85 HP ROPS $1,590 $3,887 1140 250 $609DOZER WIDE TRACK 70-85 HP CAB $1,590 $3,887 1160 250 $670DOZER STD TRACK 86-95 HP ROPS $1,679 $4,278 1200 250 $670DOZER STD TRACK 86-95 HP CAB $1,679 $4,278 1220 250 $670DOZER WIDE TRACK 86-95 HP ROPS $1,679 $4,278 1240 250 $670DOZER WIDE TRACK 86-95 HP CAB $1,679 $4,278 1260 250 $739DOZER STD TRACK 96-105 HP ROPS $1,897 $4,982 1300 250 $739DOZER STD TRACK 96-105 HP CAB $1,897 $4,982 1320 250 $739DOZER WIDE TRACK 96-105 HP ROPS $1,897 $4,982 1340 250 $739DOZER WIDE TRACK 96-105 HP CAB $1,897 $4,982 1360 250 $1,070DOZER WIDE TRACK 106-130 HP CAB $2,669 $6,603 1460 250 $1,163DOZER WIDE TRACK 131-165 HP CAB $3,148 $8,370 1560 EARTHMOVING - EXCAVATORS 240 $721EXCAVATOR 28000-38000 LBS STD REACH $1,741 $4,790 2000 240 $721EXCAVATOR 28000-38000 LBS REDUCED TAIL $1,741 $4,790 2020 240 $763EXCAVATOR 28000-38000 LBS RED TAILRUBTRK $1,953 $5,580 2030 240 $930EXCAVATOR 28000-38000 LBS CAB WHEELED $2,790 $7,905 2040 240 $902EXCAVATOR 39000-42000 LBS STD REACH $2,204 $5,961 2100 240 $902EXCAVATOR 43000-49999 LBS STD REACH $2,204 $5,961 2200 240 $1,153EXCAVATOR 50000-59999 LBS STD REACH $2,832 $7,170 2300 240 $1,153EXCAVATOR 50000-59999 LBS REDUCED TAIL $2,832 $7,170 2320 240 $1,535EXCAVATOR 50000-59999 LBS WHEELED $3,581 $10,230 2350 240 $1,488EXCAVATOR 60000-69999 LBS STD REACH $3,534 $9,812 2400 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 610 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH EARTHMOVING - EXCAVATORS 240 $1,535EXCAVATOR 60000-69999 LBS LONG REACH $3,581 $10,230 2410 240 $1,488EXCAVATOR 70000-80000 LBS STD REACH $3,534 $9,812 2500 240 $1,535EXCAVATOR 70000-80000 LBS REDUCED TAIL $3,581 $10,230 2510 EARTHMOVING - EXCAVATORS ATTACHMENTS 290 $97MINI-EX ATTACHMENT AUGER MED TORQUE $275 $684 5000 290 $101COMPACTION WHEEL MINI-EX <19K LBS 16-18 $290 $614 5010 290 $488MINI-EX ATTACHMENT FORESTRY MULCHER $1,288 $2,530 5020 290 $198MINI-EX ATTACHMENT BREAKER 191-290 LBS $565 $1,228 5150 290 $198MINI-EX ATTACHMENT BREAKER 391-600 LBS $565 $1,228 5160 290 $363MINI-EX ATTACHMENT BREAKER 601-900 LBS $1,051 $2,162 5165 290 $50MINI-EX ATTACH SWING CPLR UP TO 9K LBS $140 $410 5180 290 $79MINI-EX TLB ATTACH SWING CPLR 14-20K LBS $211 $540 5186 290 $19MINI-EX <19K LBS BUCKET CRIBBING 10IN QC $47 $137 5210 290 $19MINI-EX <19K LBS BUCKET TRENCH <12IN QC $47 $137 5220 290 $19MINI-EX <19K LBS BUCKET TRENCH 12IN QC $47 $137 5240 290 $19MINI-EX <19K LBS BUCKET TRENCH 12IN PO $47 $137 5245 290 $19MINI-EX <19K LBS BUCKET SMOOTH 12IN QC $47 $137 5250 290 $19MINI-EX <19K LBS BUCKET TRENCH 16IN QC $47 $137 5270 290 $19MINI-EX <19K LBS BUCKET TRENCH 18IN QC $47 $137 5280 290 $19MINI-EX <19K LBS BUCKET TRENCH 18IN PO $47 $137 5285 290 $19MINI-EX <19K LBS BUCKET SMOOTH 18IN QC $47 $137 5290 290 $19MINI-EX <19K LBS BUCKET TRENCH 24IN QC $47 $137 5320 290 $19MINI-EX <19K LBS BUCKET TRENCH 24IN PO $47 $137 5325 290 $19MINI-EX <19K LBS BUCKET SMOOTH 24IN QC $47 $137 5330 290 $19MINI-EX <19K LBS BUCKET TRENCH 30IN QC $47 $137 5340 290 $19MINI-EX <19K LBS BUCKET SMOOTH 30 IN QC $47 $137 5350 290 $19MINI-EX <19K LBS BUCKET TRENCH 36IN QC $47 $137 5360 290 $19MINI-EX <19K LBS BUCKET TRENCH 36IN PO $47 $137 5365 290 $19MINI-EX <19K LBS BUCKET SMOOTH 36IN QC $47 $137 5370 290 $19MINI-EX <19K LBS BUCKET SWING 36IN QC $47 $137 5380 290 $30MINI-EX <19K LBS BUCKET TRENCH 42IN QC $73 $205 5390 290 $30MINI-EX <19K LBS BUCKET SMOOTH 42IN QC $73 $205 5395 290 $30MINI-EX <19K LBS BUCKET TRENCH 48N QC $73 $205 5410 290 $30MINI-EX <19K LBS BUCKET SMOOTH 48IN QC $73 $205 5420 290 $40EXCAVAT 28K-39K BUCKET TRENCH 12IN QC $97 $273 6000 290 $40EXCAVAT 28K-39K BUCKET TRENCH 18IN QC $97 $273 6010 290 $40EXCAVAT 28K-39K BUCKET TRENCH 18IN PO $97 $273 6015 290 $40EXCAVAT 28K-39K BUCKET TRENCH 24IN QC $97 $273 6020 290 $40EXCAVAT 28K-39K BUCKET TRENCH 24IN PO $97 $273 6025 290 $40EXCAVAT 28K-39K BUCKET TRENCH 30IN QC $97 $273 6030 290 $40EXCAVAT 28K-39K BUCKET TRENCH 30IN PO $97 $273 6035 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 611 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH EARTHMOVING - EXCAVATORS ATTACHMENTS 290 $40EXCAVAT 28K-39K BUCKET TRENCH 36IN QC $97 $273 6040 290 $40EXCAVAT 28K-39K BUCKET TRENCH 36IN PO $97 $273 6045 290 $40EXCAVAT 28K-39K BUCKET TRENCH 42IN QC $97 $273 6050 290 $40EXCAVAT 28K-39K BUCKET TRENCH 42IN PO $97 $273 6055 290 $40EXCAVAT 28K-39K BUCKET TRENCH 48IN QC $97 $273 6060 290 $40EXCAVAT 28K-39K BUCKET TRENCH 48IN PO $97 $273 6065 290 $60EXCAVAT 28K-39K BUCKET SMOOTH 60IN QC $145 $409 6082 290 $60EXCAVAT 28K-39K BUCKET TRENCH 60IN PO $145 $409 6085 290 $60EXCAVAT 28K-39K BUCKET TRENCH 72IN QC $145 $409 6105 290 $50EXCAVAT 39K-50K BUCKET TRENCH 24IN PO $121 $335 6135 290 $50EXCAVAT 39K-50K BUCKET TRENCH 30IN PO $121 $335 6145 290 $50EXCAVAT 39K-50K BUCKET TRENCH 36IN PO $121 $335 6155 290 $50EXCAVAT 39K-50K BUCKET TRENCH 42IN PO $121 $335 6165 290 $50EXCAVAT 39K-50K BUCKET TRENCH 48IN PO $121 $335 6175 290 $74EXCAVAT 39K-50K BUCKET SMOOTH 60IN PO $172 $478 6195 290 $74EXCAVAT 39K-50K BUCKET SMOOTH 72IN PO $172 $478 6215 290 $50EXCAVAT 50K-60K BUCKET TRENCH 24IN PO $121 $335 6245 290 $50EXCAVAT 50K-60K BUCKET TRENCH 36IN PO $121 $335 6265 290 $50EXCAVAT 50K-60K BUCKET TRENCH 48IN PO $121 $335 6285 290 $74EXCAVAT 50K-60K BUCKET TRENCH 54IN PO $172 $478 6295 290 $60EXCAVAT 60K-80K BUCKET TRENCH 36IN PO $145 $409 6365 290 $60EXCAVAT 60K-80K BUCKET TRENCH 54IN PO $145 $409 6395 290 $88EXCAVAT 60K-80K BUCKET TRENCH 60IN PO $214 $616 6405 290 $507EXCAVAT ATTACHMENT GRAPPLE BUCKET $1,418 $3,255 6500 290 $255EXCAVAT ATTACHMENT FLAIL MOWER $670 $1,276 6510 290 $228COMPACTION WHEEL EXCAVATOR 28K-39K 24IN $577 $1,260 6530 290 $228COMPACTION WHEEL EXCAVATOR 39K-50K 36IN $577 $1,260 6535 290 $127BACKHOE/8MT EXC ATTACHMENT AUGER $353 $930 6585 290 $71EXCAVAT ATTACHMENT THUMB $186 $326 6590 290 $71EXCAVAT ATTACHMENT THUMB $186 $326 6590 290 $367EXC TLB ATTACH BREAKER 1251-1800 LBS $1,037 $2,139 6700 290 $642EXCAVAT ATTACHMENT BREAKER 1801-2500 LBS $1,721 $3,813 6705 290 $656EXCAVAT ATTACHMENT BREAKER 2501-4800 LBS $1,814 $3,999 6710 290 $818EXCAVAT ATTACHMENT BREAKER 4801-6500 LBS $2,241 $4,929 6715 290 $1,042EXCAVAT ATTACHMENT BREAKER >10000 LBS $2,795 $6,696 6720 290 $75CONCRETE HWY BARRIER LIFTING TONGS $219 $412 8020 EARTHMOVING - MINI EXCAVATORS 240 $265MINI-EXCAVATOR 2000-2999 LBS DSL ROPS $748 $1,539 1000 240 $383MINI-EXCAVATOR 2000-2999 LBS ELC ROPS $1,088 $2,790 1002 240 $272MINI-EXCAVATOR 3000-3999 LBS DSL ROPS $748 $1,556 1100 240 $272MINI-EXCAVATOR 4000-4999 LBS DSL ROPS $748 $1,556 1200 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 612 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH EARTHMOVING - MINI EXCAVATORS 240 $383MINI-EXCAVATOR 4000-4999 LBS HYBRID ROPS $1,088 $2,790 1201 240 $272MINI-EXCAVATOR 5000-6999 LBS DSL ROPS $748 $1,556 1300 240 $301MINI-EXCAVATOR 5000-6999 LBS DSL CAB $791 $1,686 1310 240 $1,056MINI-EXCAVATOR 5000-6999 LBS BATT ROPS $2,675 $6,132 1315 240 $302MINI-EXCAVATOR 7000-8999 LBS DSL ROPS $804 $1,762 1400 240 $315MINI-EXCAVATOR 7000-8999 LBS DSL CAB $834 $1,865 1410 240 $330MINI-EXCAVATOR 9000-11999 LBS DSL ROPS $923 $2,227 1500 240 $358MINI-EXCAVATOR 9000-11999 LBS DSL CAB $953 $2,413 1510 240 $400MINI-EXCAVATOR 12000-13999 LBS DSL ROPS $1,037 $2,604 1600 240 $445MINI-EXCAVATOR 12000-13999 LBS DSL CAB $1,111 $2,733 1610 240 $479MINI-EXCAVATOR 14000-19000 LBS DSL ROPS $1,234 $3,255 1700 240 $479MINI-EXCAVATOR 14000-19000 LBS DSL CAB $1,234 $3,255 1710 EARTHMOVING - MINI-SKIDSTEER TRACK MACHINE ATTACHMENTS 290 $56WB LOADER ATTACHMENT AUGER $159 $410 1000 290 $86WB LOADER ATTACHMENT TRENCHER $241 $501 1005 290 $112WB LOADER SOIL CONDITIONER $338 $820 1010 290 $97WB LOADER ATTACHMENT TILLER $265 $593 1015 290 $168WB LOADER ATTACHMENT BREAKER <250 LBS $478 $1,003 1025 290 $9WB LOADER STANDARD BUCKET 35-36 3.5CF $28 $83 1035 290 $9WB LOADER STANDARD BUCKET 41-44 4.3CF $28 $83 1036 290 $60WB LOADER ATTACHMENT GRAPPLE BKT 36IN $167 $392 1040 290 $60WB LOADER ATTACHMENT GRAPPLE BKT 42IN $167 $392 1045 290 $60WB LOADER ATTACHMENT GRAPPLE BKT 48IN $167 $392 1050 290 $25WB LOADER ATTACHMENT FORKS $73 $205 1060 290 $97WB LOADER ATTACHMENT BORING $218 $410 1080 EARTHMOVING - RIDE-ON TRENCHERS 280 $395TRENCHER RIDE-ON 35-49HP DSL $972 $2,181 1110 EARTHMOVING - ROAD GEAR 260 $749ROAD GRADER 110-119HP DSL $2,046 $5,940 1100 260 $1,070ROAD GRADER 130-139HP DSL $2,930 $8,184 1120 EARTHMOVING - SKIDSTEER ATTACHMENTS 290 $97SKIDSTEER ATTACHMENT AUGER MED TORQUE $275 $684 2000 290 $97SKIDSTEER ATTACHMENT AUGER HI TORQUE $275 $684 2005 290 $112SKIDSTEER ATTACHMENT ANGLE BROOM $338 $716 2010 290 $112SKIDSTEER ATTACHMENT SWEEPER $338 $716 2015 290 $122SKIDSTEER ATTACHMENT SNOW PUSHER $223 $479 2020 290 $123SKIDSTEER ATTACHMENT ANGLE SNOW PLOW $256 $571 2022 290 $142SKIDSTEER ATTACHMENT SNOW BLOWER $290 $791 2025 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 613 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH EARTHMOVING - SKIDSTEER ATTACHMENTS 290 $148SKIDSTEER ATTACHMENT TRENCHER $409 $1,054 2030 290 $91SKIDSTEER ATTACHMENT ROOT RAKE W CLAMP $202 $410 2045 290 $148SKIDSTEER ATTACHMENT ROCK HOUND RAKE $363 $884 2050 290 $148SKIDSTEER ATTACHMENT SOIL CONDITIONER $363 $884 2055 290 $288SKIDSTEER ATTACHMENT FLAIL MOWER $870 $1,907 2057 290 $189SKIDSTEER ATTACHMENT BRUSH CUTTER 60 SF $530 $1,265 2058 290 $189SKIDSTEER ATTACHMENT BRUSH CUTTER 66 SF $530 $1,265 2059 290 $189SKIDSTEER ATTACHMENT BRUSH CUTTER 72 SF $530 $1,265 2060 290 $237SKIDSTEER ATTACHMENT BRUSH CUTTER 72 HF $676 $1,474 2063 290 $423SKIDSTEER ROT MOWER 8IN CAP 60IN DECK HF $1,116 $2,210 2064 290 $814SKIDSTEER ATTACHMENT FORESTRY MULCHER $1,932 $3,790 2065 290 $331SKIDSTEER ATTACHMENT PLANER 14IN SF $1,070 $2,041 2070 290 $386SKIDSTEER ATTACHMENT PLANER 18IN HF $1,116 $2,093 2073 290 $451SKIDSTEER ATTACHMENT PLANER 24IN HF $1,395 $2,488 2075 290 $112SKIDSTEER ATTACHMENT TILLER $314 $684 2080 290 $128SKIDSTEER ATTACHMENT POST DRIVER $365 $912 2092 290 $79SKIDSTEER ATTACHMENT SPREADER $219 $657 2095 290 $71SKIDSTEER ATTACHMENT TREE BOOM $202 $383 2100 290 $81SKIDSTEER ATTACHMENT TILE SCRAPER $232 $437 2105 290 $116SKIDSTEER ATTACHMENT SHEAR $386 $916 2120 290 $71SKIDSTEER ATTACHMENT DOZER BLADE $202 $383 2125 290 $181SKIDSTEER ATTACHMENT VACUUM LIFT BATTERY $423 $870 2135 290 $40SKIDSTEER ATTACHMENT FORKS 42IN $115 $255 2140 290 $40SKIDSTEER ATTACHMENT FORKS 48IN $115 $255 2145 290 $86SKIDSTEER ATTACHMENT FORKS 72IN $247 $563 2148 290 $172SKIDSTEER ATTACHMENT ASPHALT FLOAT $395 $958 2195 290 $168SKIDSTEER ATTACHMENT BREAKER 191-290 LBS $478 $1,003 2210 290 $168SKIDSTEER ATTACHMENT BREAKER 291-390 LBS $478 $1,003 2220 290 $198SKIDSTEER ATTACHMENT BREAKER 391-600 LBS $565 $1,228 2225 290 $198COMBO SSL M-EX ATTACH BREAKER 391-600LBS $565 $1,228 2230 290 $198SKIDSTEER ATTACHMENT BREAKER 601-900 LBS $565 $1,228 2235 290 $9SKIDSTEER ATTACHMENT BUCKET 36IN $28 $83 2300 290 $9SKIDSTEER ATTACHMENT BUCKET 56IN LOW-PRO $28 $83 2332 290 $9SKIDSTEER ATTACHMENT BUCKET 62IN $28 $83 2340 290 $60SKIDSTEER ATTACHMENT BUCKET 62IN 4 IN 1 $145 $410 2345 290 $9SKIDSTEER ATTACHMENT BUCKET 62IN LOW-PRO $28 $83 2350 290 $9SKIDSTEER ATTACHMENT BUCKET 66IN $28 $83 2360 290 $60SKIDSTEER ATTACHMENT BUCKET 66IN 4 IN 1 $145 $410 2365 290 $9SKIDSTEER ATTACHMENT BUCKET 66IN LOW-PRO $28 $83 2370 290 $9SKIDSTEER ATTACHMENT BUCKET 68IN $28 $83 2380 290 $60SKIDSTEER ATTACHMENT BUCKET 68IN 4 IN 1 $145 $410 2385 290 $9SKIDSTEER ATTACHMENT BUCKET 68IN LOW-PRO $28 $83 2390 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 614 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH EARTHMOVING - SKIDSTEER ATTACHMENTS 290 $9SKIDSTEER ATTACHMENT BUCKET 72IN $28 $83 2400 290 $9SKIDSTEER ATTACHMENT BUCKET 72IN LOW-PRO $28 $83 2402 290 $60SKIDSTEER ATTACHMENT BUCKET 72IN 4 IN 1 $145 $410 2405 290 $9SKIDSTEER ATTACHMENT BUCKET 74IN $28 $83 2420 290 $60SKIDSTEER ATTACHMENT BUCKET 74IN 4 IN 1 $145 $410 2425 290 $9SKIDSTEER ATTACHMENT BUCKET 74IN LIGHT $28 $83 2430 290 $9SKIDSTEER ATTACHMENT BUCKET 74IN LOW-PRO $28 $83 2435 290 $9SKIDSTEER ATTACHMENT BUCKET 78IN LOW-PRO $28 $83 2440 290 $9SKIDSTEER ATTACHMENT BUCKET 80IN $28 $83 2460 290 $9SKIDSTEER ATTACHMENT BUCKET 80IN LOW-PRO $28 $83 2467 290 $9SKIDSTEER ATTACHMENT BUCKET 84IN $28 $83 2475 290 $74SKIDSTEER ATTACHMENT BRUSH GRAPPLE $214 $501 2500 290 $59SKIDSTEER ATTACHMENT GRAPPLE BKT 36IN $182 $488 2502 290 $79SKIDSTEER ATTACHMENT GRAPPLE BKT 60-65IN $232 $521 2505 290 $79SKIDSTEER ATTACHMENT GRAPPLE BKT 66-71IN $232 $521 2510 290 $79SKIDSTEER ATTACHMENT GRAPPLE BKT 72-77IN $232 $521 2515 290 $84TOOLCAT ATTACHMENT SPREADER $243 $557 2600 290 $84TRACTOR ATTACHMENT FLAIL MOWER $256 $660 3047 EARTHMOVING - SKIDSTEER LOADERS 200 $204SKIDSTEER LOADER 250-750LB ROPS $579 $1,624 1310 200 $214SKIDSTEER LOADER 250-750LB CAB $591 $1,670 1311 200 $211SKIDSTEER LOADER 1300-2099LB ROPS $530 $1,372 1350 200 $229SKIDSTEER LOADER 1300-2099LB CAB $563 $1,455 1351 200 $229SKIDSTEER LOADER 1751-2099LB ROPS HF $563 $1,455 1352 200 $250SKIDSTEER LOADER 1751-2099LB CAB HF $605 $1,479 1353 200 $294SKIDSTEER LOADER 2100-2399LB ROPS $688 $1,558 1360 200 $321SKIDSTEER LOADER 2100-2399LB CAB $772 $1,609 1361 200 $321SKIDSTEER LOADER 2100-2399LB ROPS HF $772 $1,609 1362 200 $294SKIDSTEER LOADER 2400-2999LB ROPS $688 $1,558 1370 200 $321SKIDSTEER LOADER 2400-2999LB CAB $772 $1,609 1371 200 $321SKIDSTEER LOADER 2400-2999LB ROPS HF $772 $1,609 1372 200 $330SKIDSTEER LOADER 2400-2999LB CAB HF $813 $1,739 1373 200 $405SKIDSTEER LOADER OVER 3000LB ROPS HF $973 $2,172 1382 EARTHMOVING - TRACK LOADERS 200 $328COMPACT TRACK LOADER 600-1299LB ROPS $852 $2,167 1420 200 $328COMPACT TRACK LOADER 1300-1699LB ROPS $852 $2,167 1430 200 $348COMPACT TRACK LOADER 1300-1699LB CAB $874 $2,253 1431 200 $328COMPACT TRACK LOADER 1700-1999LB ROPS $852 $2,167 1440 200 $348COMPACT TRACK LOADER 1700-1999LB CAB $874 $2,253 1441 200 $328COMPACT TRACK LOADER 2000-2399LB ROPS $852 $2,167 1450 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 615 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH EARTHMOVING - TRACK LOADERS 200 $348COMPACT TRACK LOADER 2000-2399LB CAB $874 $2,253 1451 200 $348COMPACT TRACK LOADER 2000-2399LB ROPS HF $874 $2,253 1452 200 $365COMPACT TRACK LOADER 2000-2399LB CAB HF $912 $2,353 1453 200 $365COMPACT TRACK LOADER 2400-2799LB ROPS $912 $2,353 1460 200 $377COMPACT TRACK LOADER 2400-2799LB CAB $986 $2,414 1461 200 $400COMPACT TRACK LOADER 2400-2799LB CAB HF $1,070 $2,682 1463 200 $400COMPACT TRACK LOADER 2800LB & OVER ROPS $1,070 $2,682 1470 200 $419COMPACT TRACK LOADER 2800LB & OVER CAB $1,111 $2,790 1471 200 $419COMPACT TRACK LOADER 2800LB & UP ROPS HF $1,111 $2,790 1472 200 $432COMPACT TRACK LOADER 2800LB & UP CAB HF $1,149 $2,883 1473 EARTHMOVING - TRACKED MINI SKIDLOADERS 200 $456MINI WHEEL LOADER W/B < 600LB CAPBATTERY $1,116 $2,988 1015 200 $251MINI TRACK LOADER W/B < 600LB CAP GAS $721 $1,674 1020 200 $251MINI TRACK LOADER W/B < 600LB CAP DSL $721 $1,674 1030 200 $279MINI TRK LOADER W/B > 600LB <1000LB $795 $1,786 1040 200 $335MINI TRACK LOADER W/B > 1,000LB CAP DSL $879 $2,093 1045 EARTHMOVING - TRACTOR ATTACHMENTS 290 $50TRACTOR ATTACHMENT RIPPER $144 $365 3020 290 $50TRACTOR ATTACHMENT BOX BLADE $144 $365 3030 290 $66TRACTOR ATTACHMENT ROTARY BRUSH MOWER $158 $432 3040 290 $76TRACTOR ATTACHMENT TILLER $218 $593 3060 290 $76DOZER ATTACHMENT ROOT RAKE NO CLAMP $193 $386 8000 EARTHMOVING - WALK-BEHIND TRENCHERS 280 $198TRENCHER W/B TRACK 24IN GAS $577 $1,026 1020 280 $209TRENCHER W/B TRACK 36IN GAS $584 $1,067 1040 280 $145TRENCHER W/B WHEEL 0IN TO 18IN GAS $397 $824 1060 280 $189TRENCHER W/B WHEEL 24IN GAS $540 $949 1070 EARTHMOVING - WHEEL LOADER ATTACHMENTS 290 $40EXCAVAT 28K-39K BUCKET SCREEN 48IN QC $97 $273 6070 290 $74EXCAVAT 39K-50K BUCKET SMOOTH 66IN PO $172 $478 6210 290 $112LOADER ATTACHMENT ROOT RAKE NO CLAMP $265 $493 7000 290 $198LOADER ATTACHMENT ROOT RAKE W CLAMP $458 $866 7005 290 $124LOADER ATTACHMENT LANDSCAPE RAKE $285 $634 7010 290 $127LOADER ATTACHMENT SNOW PUSHER $358 $739 7020 290 $81LOADER ATTACHMENT BOOM $153 $342 7025 290 $81LOADER ATTACHMENT TRUSS BOOM $153 $342 7030 290 $93FORKS FOR 1-1.4 YD WHEEL LOADER 48-60IN $242 $465 7038 290 $93FORKS FOR 2.5-3.5 YD WHEEL LOADER 48IN $242 $465 7040 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 616 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH EARTHMOVING - WHEEL LOADER ATTACHMENTS 290 $107FORKS FOR 2.5-3.5 YD WHEEL LOADER 60IN $280 $540 7045 290 $107FORKS FOR 2.5-3.5 YD WHEEL LOADER 72IN $280 $540 7050 290 $135FORKS FOR 2.5-3.5 YD WHEEL LOADER 96IN $302 $581 7055 290 $149FORKS FOR 2.5-3.5 YD WHEEL LOADER 96IN $330 $623 7060 290 $125FORKS FOR 4.0-4.5 YD WHEEL LOADER 60IN $321 $586 7070 290 $135FORKS FOR 4.0-4.5 YD WHEEL LOADER 72IN $310 $661 7075 290 $153FORKS FOR 4.0-4.5 YD WHEEL LOADER 96IN $356 $711 7085 290 $50LOADER BUCKET <4YD $144 $307 7110 290 $74LOADER BUCKET 4YD AND OVER $186 $387 7115 290 $93LOADER BUCKET COMBINATION $237 $542 7120 290 $270LOADER BUCKET ROLLOUT 5-6YD $609 $1,733 7140 290 $312LOADER BUCKET ROLLOUT 7.5YD AND OVER $725 $1,814 7145 290 $112LOADER BUCKET SIDE DUMP $326 $739 7150 290 $149LOADER ATTACHMENT PIPE GRAPPLE FORK $395 $1,095 7155 290 $112LOADER ATTACHMENT GRAPPLE BUCKET $326 $739 7157 EARTHMOVING - WHEEL LOADERS 265 $512COMPACT LOADER 0.75 YD STD BKT DSL $1,116 $2,790 1010 265 $558COMPACT LOADER 1.0-1.4 YD STD BKT DSL $1,190 $2,930 1110 265 $553WHEEL LOADER 2.0-2.4 YD STD BKT DSL $1,535 $3,682 1300 265 $702WHEEL LOADER 3.0-3.4 YD STD BKT DSL $1,837 $5,148 1310 265 $746WHEEL LOADER 2.5-3.4 YD MP BKT DSL $2,046 $5,365 1320 265 $746WHEEL LOADER 3.5-3.9 YD STD BKT DSL $2,046 $5,365 1410 265 $882WHEEL LOADER 4.0-4.5 YD STD BKT DSL $2,232 $7,103 1510 265 $882WHEEL LOADER 4.0-4.5 YD MP BKT DSL $2,232 $7,103 1520 FLOOR CARE AND SURFACE PREP - CARPET CLEANERS 105 $38CARPET EXTRACTOR/CLEANER PORTABLE $146 $284 3810 105 $50CARPET EXTRACTOR/CLEANER PORTABLE W/HEAT $193 $434 3815 105 $70CARPET EXTRACTOR/CLEANER WALKBEHIND 12IN $214 $405 3816 105 $111CARPET EXTRACTOR/CLEANER WALKBEHIND 17IN $287 $609 3818 FLOOR CARE AND SURFACE PREP - CONCRETE GRINDERS 100 $145GRINDER CONCRETE FLOOR 22IN DUAL115/230V $548 $1,087 4220 100 $121GRINDER CONCRETE FLOOR 9-11" SINGLE 115V $456 $905 4230 100 $121GRINDER CONCRETE EDGE 7IN 115V 1PH $446 $902 4235 100 $163GRINDER CONCRETE EDGE 11IN 230V 1PH $698 $1,609 4236 100 $233GRINDER CONCRETE FLOOR 18IN SINGLE 120V $879 $1,744 4237 100 $145GRINDER CONCRETE FLOOR 10IN SINGLE GAS $548 $1,087 4250 100 $233GRINDER CONCRETE FLOOR 16IN GAS $879 $1,744 4255 100 $145GRINDER CONCRETE FLOOR 22IN DUAL GAS $548 $1,087 4260 100 $321GRINDER CONCRETE FLOOR 20IN 240V 1PH $1,074 $2,492 4275 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 617 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH FLOOR CARE AND SURFACE PREP - CONCRETE GRINDERS 100 $460GRINDER CONCRETE FLOOR 26IN LPG $1,604 $3,985 4281 100 $614GRINDER CONCRETE FLOOR 32IN 480V 3PH MAN $1,953 $6,040 4282 100 $51GRINDER CONCRETE CEILING W/HEPA VAC 120V $159 $261 4290 100 $288CONCRETE SCARIFIER PLANER 8IN 115V $977 $2,023 4295 FLOOR CARE AND SURFACE PREP - CONCRETE PLANERS 100 $288CONCRETE SCARIFIER PLANER 8IN 230V 1PH $977 $2,023 4300 100 $288CONCRETE SCARIFIER PLANER 8IN GAS $977 $2,023 4310 100 $290CONCRETE SCARIFIER PLANER 10IN GAS $1,056 $2,079 4320 FLOOR CARE AND SURFACE PREP - DRUM TYPE FLOOR SANDERS 100 $58SANDER ORBITAL 12 IN FLOOR DUST CONTROL $219 $434 5020 100 $58SANDER ORBITAL 12 IN FLOOR $219 $419 5300 100 $58SANDER DRUM 8 IN ELECTRIC $219 $419 5310 FLOOR CARE AND SURFACE PREP - DUST EXTRACTION VACUUMS 105 $30VACUUM CANISTER DRY 150 CFM 120V 1PH $122 $280 1715 105 $46VACUUM CANISTER DRY 200 CFM 120V 1PH $178 $407 1725 105 $46VACUUM DROP BAG DRY 200 CFM 120V 1PH $178 $407 1735 105 $46VACUUM DROP BAG DRY 250 CFM 120V 1PH $178 $407 1740 105 $90VACUUM DROP BAG DRY 300 CFM 240V 3PH $348 $805 1742 105 $90VACUUM DROP BAG DRY 300 CFM 240V 1PH $348 $805 1743 105 $90VACUUM DROP BAG DRY 300 CFM LP $348 $805 1744 105 $46VACUUM CANISTER DRY 300 CFM 120V 1PH $178 $407 1745 105 $46VACUUM DROP BAG DRY 300 CFM 120V 1PH $178 $407 1746 105 $149VACUUM DROP BAG DRY 350 CFM 480V 3PH $446 $1,335 1747 105 $121VACUUM DROP BAG DRY SILICA 400 CFM LP $377 $1,074 1749 FLOOR CARE AND SURFACE PREP - FLOOR BUFFER & POLISHERS 100 $34BUFFER 13IN ELECTRIC $126 $251 5400 100 $47BUFFER 17IN ONE SPEED 175 RPM 120V $182 $363 5410 100 $58BUFFER 20IN DUAL SPEED 175/320 RPM 120V $219 $423 5420 100 $58BURNISHER 20IN HIGH SPEED ELECTRIC $219 $423 5430 100 $242BURNISHER 28IN HIGH SPEED LP $472 $1,337 5435 FLOOR CARE AND SURFACE PREP - FLOOR EDGER 100 $38SANDER FLOOR EDGER 7 IN ELECTRIC $146 $290 5320 FLOOR CARE AND SURFACE PREP - FLOOR SCRUBBERS 105 $122SCRUBBER W/B 14-15 IN PATH BATTERY $316 $820 3702 105 $149SCRUBBER MOP W/B 18 IN PATH BATTERY $552 $1,232 3705 105 $242SCRUBBER W/B 20 IN PATH BATTERY $695 $1,651 3710 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 618 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH FLOOR CARE AND SURFACE PREP - FLOOR SCRUBBERS 105 $274SCRUBBER W/B 32 IN PATH BATTERY CYL $795 $1,855 3714 105 $274SCRUBBER W/B 32 IN PATH BATTERY DISC $795 $1,855 3715 105 $315SCRUBBER STAND-ON 24-26 IN PATH BATTERY $921 $1,948 3717 105 $367SCRUBBER RIDE-ON 26-28IN PATH BATT DISC $1,019 $2,153 3719 105 $407SCRUBBER RIDE-ON 36-39 IN PATH CYL BATT $1,070 $2,412 3720 105 $507SCRUBBER RIDE-ON 40-54 IN PATH CYL LP $1,418 $3,101 3740 FLOOR CARE AND SURFACE PREP - FLOOR STRIPPERS 100 $112FLOOR SCRAPER W/B 120LB ELEC $448 $1,009 4000 100 $442FLOOR SCRAPER W/B 500LB ELEC/HYDRAULIC $1,322 $3,078 4025 100 $930FLOOR SCRAPER RIDE-ON BATTERY 2300LB $2,783 $5,450 4030 100 $1,256FLOOR SCRAPER RIDE-ON BATTERY 2800LB $3,613 $7,328 4035 100 $1,256FLOOR SCRAPER RIDE-ON 2850LB LP $3,613 $8,344 4040 FLOOR CARE AND SURFACE PREP - FLOOR SWEEPERS 105 $35KOMBI POWERHEAD UNIT GAS $142 $321 3500 105 $178SWEEPER W/B PUSH 25 IN PATH BATTERY $465 $981 3580 105 $195SWEEPER W/B SELF-PROP 28-30 IN PATH BATT $545 $1,187 3585 105 $219SWEEPER W/B SELF-PROP 34 IN PATH BATTERY $614 $1,475 3590 105 $103SWEEPER W/B 36 IN PATH GAS $151 $442 3596 105 $288SWEEPER MICRO 38-41IN PATH RIDE-ON BATT $893 $2,302 3598 105 $386SWEEPER MID-SIZED 50 IN RIDE-ON LP $1,059 $2,344 3600 105 $400SWEEPER MID-SIZED 60 IN RIDE-ON BATTERY $1,256 $2,678 3605 105 $458SWEEPER LARGE 62 IN RIDE-ON LP $1,260 $2,678 3610 105 $603SWEEPER LARGE 62 IN RIDE-ON DSL $1,604 $3,892 3615 105 $561SWEEPER/SCRUBBER INDUST RIDE-ON LPG 40IN $1,590 $3,618 3760 105 $698SWEEPER/SCRUBBER INDUST RIDE-ON LPG 48IN $2,051 $4,218 3765 FLOOR CARE AND SURFACE PREP - SANDBLASTERS 100 $86ABRASIVE BLASTING POT 3.5 CU FT $246 $563 5160 FLOOR CARE AND SURFACE PREP - SCABBLERS 100 $58SCABBLER HANDHELD AIR $172 $404 4400 100 $241SCABBLER WALK BEHIND 29 IN AIR $533 $1,082 4410 FLOOR CARE AND SURFACE PREP - SCALERS 100 $38FLOOR SCALER CHISEL AIR $105 $256 4620 100 $19SCALER NEEDLE SCALER FLUX AIR $55 $145 4630 FLOOR CARE AND SURFACE PREP - SHOT BLASTERS 100 $395SHOT BLASTER CONCRETE 8 IN 120V W/B $1,256 $2,355 4700 100 $891SHOT BLASTER CONCRETE 10IN 240V 3PH W/B $1,781 $5,618 4705 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 619 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH FLOOR CARE AND SURFACE PREP - SHOT BLASTERS FLOOR CARE AND SURFACE PREP - WET & DRY VACUUMS 105 $24VACUUM WET/DRY 6-9 GALLON 110-150CFM $90 $180 1630 105 $28VACUUM WET/DRY 10-15 GALLON 135CFM $109 $218 1650 105 $46VACUUM WET/DRY INDUSTRIAL 55 GAL AIR $177 $339 1700 105 $54VACUUM COREDRILL WATER MANAGEMENT SYSTEM $177 $339 1705 105 $86VACUUM WATER EXTRACTOR W/AUTO PUMPOUT $246 $542 1800 140 $193FILTER POT SS 2 VESSELS BAG SKID $591 $1,674 3310 150 $511ROLLER ASPHALT 9 WHL PNUEMATIC 68IN 12TN $1,516 $3,953 3020 200 $400MINI TRACK LOADER W/B 2000LB CAP DSL $1,074 $2,544 1050 240 $930MINI-EXCAVATOR 12000 LBS DSL CAB WHEELED $2,232 $5,580 1620 250 $1,070DOZER WIDE TRACK 106-130 HP ROPS $2,669 $6,603 1450 280 $107TRENCHER CABLE INSTALLER W/B GAS $348 $703 1010 HEATERS - ELECTRIC - ELECTRIC 715 $577150KW ELECT HEATER 480V 3PH 5IN SP NAROW $1,323 $3,009 0237 LIGHTING - PORTABLE LIGHTS 110 $16LIGHT LED 360 DEGREE TRIPOD 115V $43 $107 1575 MATERIAL HANDLING 480 $171PALLET LIFT 6000LB 96IN RIDE-ON ELEC $525 $1,288 1282 MATERIAL HANDLING - AIRCRAFT 640 $465BELT LOADER DRIVABLE AIRCRAFT DSL $1,172 $3,162 2100 640 $312BAGGAGE TRACTOR AIRCRAFT GAS 5500 LB $837 $2,418 2200 640 $312BAGGAGE TRACTOR AIRCRAFT CAB GAS 5500LB $837 $2,418 2205 640 $326BAGGAGE TRACTOR AIRCRAFT DSL 5500 LB $930 $2,511 2220 640 $1,674TRACTOR AIRCRAFT TOWBAR 40000 GVW $3,534 $9,300 4960 640 $2,697TRACTOR AIRCRAFT TOWBAR 110000 GVW $7,233 $18,600 5000 MATERIAL HANDLING - CARRY DECK CRANES 350 $395CRANE CARRY DECK DUAL FUEL 5000LB 15FT $1,149 $3,148 2010 350 $586CRANE CARRY DECK DSL 8000LB 19FT $1,511 $4,004 2030 350 $586CRANE CARRY DECK DUAL FUEL 8000LB 19FT $1,511 $4,004 2040 350 $693CRANE CARRY DECK DSL 18000LB 30FT $1,902 $4,492 2060 350 $693CRANE CARRY DECK DUAL FUEL 18000LB 30FT $1,902 $4,492 2070 350 $949CRANE CARRY DECK DSL 30000LB 50FT $2,478 $6,236 2090 350 $949CRANE CARRY DECK DUAL FUEL 30000LB 50FT $2,478 $6,236 2100 350 $1,046CRANE CARRY DECK LPG 36000LB 50FT $2,827 $6,798 2115 MATERIAL HANDLING - CHAIN HOISTS Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 620 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH MATERIAL HANDLING - CHAIN HOISTS 480 $316PALLET DBL REACH TRUCK 3000LB STD ON ELE $772 $1,879 1190 480 $372PALLET DBL REACH TRUCK 4000LB STD ON ELE $828 $2,093 1195 480 $437PALLET REACH TRUCK 3500LB STAND ON ELEC $1,042 $2,502 1200 480 $7HOIST CHAIN 1/2 TON 8-15 $18 $48 2120 480 $11HOIST 1/2 TON CHAIN W/OVERLOAD 20FT $23 $68 2160 480 $171HOIST CHAIN AIR 1 TON 30-50 $684 $1,351 2175 480 $13HOIST 1 TON CHAIN W/OVERLOAD 20FT $31 $90 2180 480 $13HOIST 1 TON CHAIN W/OVERLOAD 30 $31 $90 2200 480 $11HOIST CHAIN 1 TON 20-40 $28 $77 2220 480 $14HOIST CHAIN 1-1/2 TON 20-40 $37 $102 2240 480 $18HOIST 1 1/2 TON CHAIN W/OVERLOAD 20FT $45 $123 2260 480 $19HOIST 1 1/2TON CHAIN W/OVERLOAD 30FT $47 $130 2280 480 $21HOIST 2 TON CHAIN W/OVERLOAD 20FT $54 $146 2300 480 $19HOIST CHAIN 2 TON 8-15 $47 $130 2320 480 $14HOIST CHAIN 2 TON 20-40 $37 $102 2340 480 $21HOIST CHAIN 2TON MANUAL 30 $54 $146 2380 480 $22HOIST CHAIN 3 TON 20-40 $56 $151 2400 480 $24HOIST 3 TON CHAIN W/OVERLOAD 20FT $64 $173 2420 480 $24HOIST CHAIN 3TON MANUAL 20 $64 $173 2460 480 $37HOIST 5 TON CHAIN W/OVERLOAD 20FT $98 $251 2520 480 $35HOIST CHAIN 5 TON 20-40 $89 $228 2540 480 $38HOIST CHAIN 5TON MANUAL 30 $97 $261 2560 480 $70HOIST CHAIN 8TON MANUAL 20 $178 $481 2600 480 $84HOIST CHAIN 10 TON 8-15 $216 $549 2620 480 $88HOIST CHAIN 10 TON 20-30 $228 $591 2640 480 $65HOIST CHAIN AIR 3 TON $157 $432 2680 480 $270HOIST CHAIN AIR 6 TON 20-50 FT $791 $2,414 2687 480 $391HOIST CHAIN AIR 6 TON 100FT LIFT $1,009 $2,812 2692 480 $30ENGINE HOIST 4000 LB $115 $339 2700 480 $60POWERED HAND CRANE 300 LBS CAP BATT $166 $446 3040 480 $112HOIST ELECTRIC CHAIN 1 TON 40 FT 120V $271 $665 3314 480 $112HOIST ELECTRIC CHAIN 1 TON 50 FT 120V $271 $665 3316 480 $112HOIST ELECTRIC CHAIN 1 TON 60 FT 120V $271 $665 3318 480 $135HOIST ELECTRIC CHAIN 2 TON 40 FT 120V $327 $820 3329 480 $135HOIST ELECTRIC CHAIN 2 TON 50 FT 120V $327 $820 3331 480 $135HOIST ELECTRIC CHAIN 2 TON 60 FT 120V $327 $820 3333 480 $25MATERIAL LIFT 400 LBS 5 FT MANUAL $74 $218 3428 480 $71MATERIAL LIFT 1000 LBS 10 FT MANUAL $279 $577 3460 480 $71MATERIAL LIFT 450 LBS 12 FT MANUAL $279 $577 3475 480 $71MATERIAL LIFT 650 LBS 12 FT MANUAL $279 $577 3480 480 $81MATERIAL LIFT 300 LBS 12 FT PNEUMATIC $312 $660 3500 480 $81MATERIAL LIFT 350 LBS 10-12 FT MANUAL $312 $660 3510 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 621 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH MATERIAL HANDLING - CHAIN HOISTS 480 $81MATERIAL LIFT 450 LBS 16 FT MANUAL $312 $660 3525 480 $81MATERIAL LIFT 650 LBS 18 FT MANUAL $312 $660 3540 480 $81MATERIAL LIFT 250 LBS 18 FT PNEUMATIC $312 $660 3560 480 $97MATERIAL LIFT 650 LBS 20 FT MANUAL $372 $786 3580 480 $97MATERIAL LIFT 650 LBS 24 FT MANUAL $372 $786 3600 480 $86MATERIAL LIFT 800 LBS 12 FT MANUAL $257 $693 3630 480 $101MATERIAL LIFT 1100 LBS 15 FT MANUAL $395 $837 3660 480 $19CABLE REEL STAND 6000LB CAPACITY $59 $128 4160 480 $90CABLE REEL STAND 10000LB CAP $270 $525 4170 480 $133MOBI-MAT VEHICLE MOBILITY MAT 5X50 $353 $628 9150 MATERIAL HANDLING - CONVEYORS 480 $101CONVEYOR MATERIAL 10FT X 12IN $305 $795 2790 480 $107CONVEYOR MATERIAL 10FT X 18IN $316 $818 2795 480 $316CONVEYOR MATERIAL TOWABLE 24-26FT ELEC $800 $1,895 2800 MATERIAL HANDLING - CRANE WALK BEHIND 350 $335CRANE WALK-BEHIND BOOM 3000LB BATTERY $851 $2,125 3210 350 $851CRANE WALK-BEHIND 1950LB CAP BATTERY $2,074 $5,932 3225 MATERIAL HANDLING - DOLLIES 480 $73DOLLY STAIR CLIMBER 1500# CAP $257 $542 1060 480 $83ROLALIFT 6000LBS HYD DOLLY 1 PAIR $292 $616 1080 MATERIAL HANDLING - DRYWALL LIFTS 100 $34SHEETROCK JACK $120 $253 7030 MATERIAL HANDLING - DUCT RODDER 480 $86DUCT RODDER 5/16IN 1000FT $193 $410 4185 480 $66DUCT RODDER 5/16IN 600FT $169 $288 4186 MATERIAL HANDLING - ELECTRIC PALLET JACKS 480 $316PALLET REACH TRUCK 4500LB STAND ON ELEC $772 $1,879 1180 480 $498PALLET REACH TRUCK 4500LB 421IN LIFT ELE $1,181 $2,916 1205 480 $214PALLET ORDER PICKER 3000LB STAND ON ELEC $544 $1,349 1210 480 $157PALLET STACKER 2500LB ADJ STRAD W/B ELEC $488 $1,181 1224 480 $167PALLET STACKER 3000LB STRADDLE W/B ELEC $504 $1,246 1229 480 $189PALLET STACKER 3000LB COUNT WGT W/B ELEC $558 $1,409 1230 480 $189PALLET STACKER 4000LB STRADDLE W/B ELEC $558 $1,409 1239 480 $189PALLET STACKER 4000LB COUNT WGT W/B ELEC $558 $1,409 1240 480 $116PALLET LIFT 4000LB W/B ELEC $451 $990 1250 480 $116PALLET LIFT 4500LB W/B ELEC 48IN $451 $990 1260 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 622 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH MATERIAL HANDLING - ELECTRIC PALLET JACKS 480 $167PALLET LIFT 6000LB 48IN RIDE-ON ELEC $504 $1,246 1280 MATERIAL HANDLING - EQUIPMENT ROLLER SYSTEMS 480 $58MACHINE ROLLERS 8 TON SET OF 4 $206 $386 1340 480 $58MACHINE ROLLERS 15 TON SET OF 4 $206 $386 1360 480 $58MACHINE ROLLERS 30 TON SET OF 4 $206 $386 1390 MATERIAL HANDLING - GANTRIES & TROLLEYS 480 $300GANTRY CRANE 2 TON $772 $1,786 3060 480 $321GANTRY CRANE 2 TON 154IN HEIGHT $791 $1,953 3065 480 $331GANTRY CRANE 3 TON $816 $2,039 3080 MATERIAL HANDLING - GLASS HANDLER 340 $465GLASS HANDLER 770LB 9'-4" ELEC $1,442 $4,297 1050 340 $605GLASS HANDLER 1265LB 11'-10" ELEC $1,832 $5,613 1060 340 $767GLASS HANDLER 1730LB 12'-9" ELEC $2,226 $6,733 1080 340 $814GLASS HANDLER 2200LB 13'-5" ELEC $2,436 $7,779 1090 340 $181GLASS HANDLER 550LB 9FT 7IN MANUAL $423 $917 1300 MATERIAL HANDLING - HYDRAULIC JACKING CYLINDERS 480 $12PUMP HYD SHORING PLASTIC MANUAL $22 $60 5530 480 $23PORTAPOWER PUMP 1 SPEED MANUAL $47 $140 5540 480 $23PORTAPOWER PUMP 2 SPEED MANUAL $47 $140 5560 481 $12CYLINDER HYD THREADED END SA 10 T >1 IN $46 $91 1028 481 $7CYLINDER HYD LP PANCAKE SA 10 T >1 IN $33 $64 1030 481 $9CYLINDER HYD GENERAL SA 10 T 4 IN $43 $79 1040 481 $12CYLINDER HYD GENERAL SA 10 T 6 IN $46 $91 1042 481 $14CYLINDER HYD GENERAL SA 10 T 8 IN $54 $112 1048 481 $14CYLINDER HYD GENERAL SA 10 T 10 IN $56 $114 1052 481 $19CYLINDER HYD LP PANCAKE SA 20 T >1 IN $78 $153 1090 481 $14CYLINDER HYD GENERAL SA 25 T 2 IN $60 $121 1108 481 $19CYLINDER HYD GENERAL SA 25 T 6 IN $78 $153 1112 481 $24CYLINDER HYD GENERAL SA 25 T 8 IN $98 $186 1118 481 $34CYLINDER HYD GENERAL SA 25 T 14 IN $137 $270 1126 481 $22CYLINDER HYD LP PANCAKE SA 30 T >1 IN $89 $179 1132 481 $27CYLINDER HYD GENERAL SA 30 T 2 IN $112 $219 1134 481 $40CYLINDER HYD GENERAL SA 35 T 2 IN $158 $312 1158 481 $121CYLINDER HYD GENERAL SA 50 T 2 IN $474 $939 1162 481 $33CYLINDER HYD GENERAL SA 55 T 6 IN $132 $265 1186 481 $60CYLINDER HYD PUSHPULL DA 55-28 T 4 IN $233 $460 1189 481 $86CYLINDER HYD PUSHPULL DA 100-44 T 6 IN $346 $674 1260 481 $24JACK TOE ECONOMY 5 T 4 IN $99 $196 1526 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 623 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH MATERIAL HANDLING - HYDRAULIC JACKING CYLINDERS 481 $33JACK TOE ECONOMY 10 T 5 IN $79 $182 1538 MATERIAL HANDLING - LEVER HOISTS 480 $13HOIST 3/4 TON LEVER 20 $27 $74 1620 480 $14HOIST 1 TON LEVER W/OVERLOAD 20 $33 $84 1700 480 $14HOIST 1 1/2 TON LEVER 15 $33 $84 1720 480 $14HOIST 1 1/2 TON LEVER 20 $33 $84 1740 480 $16HOIST 1 1/2 TON LEVER W/OVERLOAD 20FT $38 $102 1760 480 $19HOIST 2 TON LEVER W/OVERLOAD 20 $43 $114 1780 480 $23HOIST 3 TON LEVER W/ OVERLOAD 20FT $50 $137 1840 480 $20HOIST 3 TON LEVER 20-30 $48 $121 1860 480 $33HOIST 6 TON LEVER W/ OVERLOAD 20FT $70 $191 1900 MATERIAL HANDLING - LIFTING TOOLS & ACCESSORIES 480 $23TROLLEY 3 TONS $59 $165 3240 480 $47TROLLEY 5 TONS $128 $330 3260 480 $56TROLLEY 10 TONS $153 $423 3280 MATERIAL HANDLING - MANUAL PALLET JACKS 480 $38PALLET LIFT 5500LB W/B MANUAL NARROW $135 $288 1130 480 $38PALLET LIFT 5500LB W/B MANUAL $135 $288 1135 480 $38PALLET LIFT 3000LB W/B MANUAL RAISED $135 $288 1137 480 $38PALLET LIFT 8000LB W/B MANUAL $135 $288 1140 MATERIAL HANDLING - PORT-A-POWER 480 $121PUMP HYD 10000PSI SINGLE ACTING ELEC $344 $634 5520 MATERIAL HANDLING - RAMPS 480 $153RAMP LOADING $360 $1,214 1030 MATERIAL HANDLING - ROUGH TERRAIN CRANES 350 $674CRANE ROUGH TERRAIN DSL 30000LB 60FT $1,897 $5,673 3000 MATERIAL HANDLING - ROUGH TERRAIN STRAIGHT MAST FORKLIFT 455 $344STRAIGHTMAST RT FORKLIFT 5000LB 4WD $884 $1,786 1000 455 $344STRAIGHTMAST RT FORKLIFT 6000LB 2WD $884 $1,786 1010 455 $372STRAIGHTMAST RT FORKLIFT CAB 6000LB 2WD $955 $2,069 1015 455 $344STRAIGHTMAST RT FORKLIFT 6000LB 4WD $884 $1,786 1020 455 $372STRAIGHTMAST RT FORKLIFT CAB 6000LB 4WD $955 $2,069 1025 455 $372STRAIGHTMAST RT FORKLIFT CAB 7000LB 4WD $955 $2,069 1027 455 $344STRAIGHTMAST RT FORKLIFT 8000LB 2WD $884 $1,786 1030 455 $372STRAIGHTMAST RT FORKLIFT CAB 8000LB 2WD $955 $2,069 1035 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 624 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH MATERIAL HANDLING - ROUGH TERRAIN STRAIGHT MAST FORKLIFT 455 $344STRAIGHTMAST RT FORKLIFT 8000LB 4WD $884 $1,786 1040 455 $372STRAIGHTMAST RT FORKLIFT CAB 8000LB 4WD $955 $2,069 1042 455 $372STRAIGHTMAST RT FORKLIFT 8000LB 4WD LOWP $955 $2,069 1045 455 $530STRAIGHTMAST RT FORKLIFT 10000LB 2WD $1,545 $2,978 1050 455 $530STRAIGHTMAST RT FORKLIFT 12000LB 2WD $1,545 $2,978 1065 455 $530STRAIGHTMAST RT FORKLIFT 12000LB 4WD $1,545 $2,978 1070 455 $652STRAIGHTMAST RT FORKLIFT 20000LB 4WD $1,824 $4,347 1080 MATERIAL HANDLING - ROUSTABOUTS 480 $91MATERIAL LIFT 1500 LBS 25 FT ROUSTABOUT $326 $687 1920 480 $77MATERIAL LIFT 1500 LBS 15 FT ROUSTABOUT $274 $579 1925 MATERIAL HANDLING - SPYDER CRANES 350 $575CRAWLER CRANE 1990LB 22FT TIP BATT $1,495 $4,664 1130 350 $695CRAWLER CRANE 1990LB 37FT TIP JIB DF $2,000 $5,789 1145 350 $695CRAWLER CRANE 1990LB 37FT TIP JIB BATT $2,000 $5,789 1150 350 $695CRAWLER CRANE 5800LB 31FT TIP BATT $2,000 $5,789 1185 350 $695CRAWLER CRANE 6450LB 37FT TIP JIB DF $2,000 $5,789 1200 350 $695CRAWLER CRANE 6450LB 37FT TIP JIB BATT $2,000 $5,789 1205 350 $695CRAWLER CRANE 6450LB 37FT TIP JIB DSL $2,000 $5,789 1210 350 $855CRAWLER CRANE 5800LB 52FT TIP HYB $2,465 $7,626 1225 350 $855CRAWLER CRANE 6680LB 52FT TIP HYB $2,465 $7,626 1240 350 $855CRAWLER CRANE 6680LB 52FT TIP DSL $2,465 $7,626 1245 350 $855CRAWLER CRANE 6680LB 52FT TIP JIB HYBLMI $2,465 $7,626 1265 350 $855CRAWLER CRANE 5800LB 54FT TIP DSL LMI $2,465 $7,626 1270 350 $1,070CRAWLER CRANE 8920LB 68FT TIP HYB $2,883 $9,207 1285 MATERIAL HANDLING - TELEHANDLER FORKLIFTS 460 $325TELEHANDLER 3000LB 13FT LIFT ROPS $848 $1,855 1000 460 $341TELEHANDLER 3000LB 13FT LIFT CAB $907 $1,948 1005 460 $325TELEHANDLER 5500LB 16-20FT LIFT ROPS $848 $1,855 1010 460 $325TELEHANDLER 5500LB 16-20FT LIFT ROPS BLK $848 $1,855 1011 460 $341TELEHANDLER 5500LB 16-20FT LIFT CAB $907 $1,948 1015 460 $386TELEHANDLER 6000LB 34-36FT LIFT ROPS $938 $2,132 1020 460 $395TELEHANDLER 6000LB 34-36FT LIFT CAB $1,009 $2,226 1025 460 $386TELEHANDLER 6000LB 42-44FT LIFT ROPS $938 $2,132 1030 460 $395TELEHANDLER 6000LB 42-44FT LIFT CAB $1,009 $2,226 1035 460 $409TELEHANDLER 8000LB 42-44FT LIFT ROPS $1,070 $2,409 1040 460 $423TELEHANDLER 8000LB 42-44FT LIFT CAB $1,107 $2,570 1045 460 $488TELEHANDLER 9000LB 42-44FT LIFT ROPS $1,395 $3,209 1050 460 $512TELEHANDLER 9000LB 42-44FT LIFT CAB $1,483 $3,302 1055 460 $521TELEHANDLER 10000LB 42-44FT LIFT ROPS $1,485 $3,348 1060 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 625 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH MATERIAL HANDLING - TELEHANDLER FORKLIFTS 460 $549TELEHANDLER 10000LB 42-44FT LIFT CAB $1,535 $3,441 1065 460 $521TELEHANDLER 10000LB 50-56FT LIFT ROPS $1,485 $3,348 1070 460 $521TELEHANDLER 10000LB 50-56FT LIFTROPS BLK $1,485 $3,348 1071 460 $549TELEHANDLER 10000LB 50-56FT LIFT CAB $1,535 $3,441 1075 460 $1,832TELEHANDLER 10000LB 75FT LIFT CAB $5,343 $12,974 1077 460 $670TELEHANDLER 12000LB 55-56FT LIFT ROPS $1,948 $4,371 1080 460 $670TELEHANDLER 12000LB 55FT LIFT ROPS BLK $1,948 $4,371 1081 460 $708TELEHANDLER 12000LB 55-56FT LIFT CAB $2,048 $4,464 1085 460 $1,339TELEHANDLER 15-16000LB 44FT LIFT $3,534 $7,519 1087 460 $1,590TELEHANDLER 17000LB 32FT LIFT $4,385 $9,667 1088 460 $1,981TELEHANDLER 20000LB 44FT LIFT CAB $5,622 $15,624 1090 MATERIAL HANDLING - TUGGERS 480 $121CABLE PULLER 2000 LB ELECTRIC $290 $791 4110 480 $112CABLE PULLER 6000LB ELECTRIC $347 $814 4130 480 $127CABLE PULLER 10000LB ELEC W/BOOM $483 $935 4150 480 $144CABLE PULLER 12K MULTI-SPEED ELEC $530 $1,056 4153 480 $121CABLE FEEDER $290 $753 4155 480 $172CABLE REEL ROLL 7.5 TON $535 $1,586 4179 480 $153CABLE REEL ROLLER 15 TON $483 $1,423 4180 480 $33CABLE FISH TAPE VAC SYSTEM $74 $219 4190 MATERIAL HANDLING - WAREHOUSE FORKLIFT ATTACHMENTS 490 $50FORKLIFT ATTACHMENT LIFTING HOOK 10000LB $144 $291 1000 490 $56FORKLIFT ATTACHMENT LIFTING HOOK 12000LB $172 $358 1002 490 $43FORKLIFT ATTACHMENT LIFT-N-TOW 4000 LB $123 $252 1003 490 $43FORKLIFT ATTACHMENT LIFT-N-TOW 10000 LB $123 $252 1004 490 $60FORKLIFT ATTACHMENT 2 FT TRUSS BOOM $172 $377 1008 490 $60FORKLIFT ATTACHMENT 6-8 FT TRUSS BOOM $172 $377 1009 490 $60FORKLIFT ATTACHMENT 12-15 FT TRUSS BOOM $172 $377 1010 490 $191FORKLIFT ATTACHMENT BOOM STAND 2-17000LB $577 $1,390 1014 490 $60FORKLIFT ATTACH JIB BOOM 4-12FT 6K CAP $173 $381 1020 490 $40FORKLIFT ATTACHMENT CARPET POLE $115 $273 1030 490 $98FORKLIFT ATTACHMENT INDUSTRIAL SCALE $265 $507 1040 490 $60FORKLIFT ATTACHMENT TRASH HOPPER $132 $335 1050 490 $66FORKLIFT ATTACHMENT BIN CLAMP ROTATOR $189 $502 1055 490 $101FORKLIFT ATTACHMENT FORK ROTATOR 2500LB $316 $805 1070 490 $101FORKLIFT ATTACHMENT ROTATOR CLASS II $312 $781 1073 490 $195FORKLIFT ATTACHMENT ROTATOR CLASS III $531 $1,319 1077 490 $101FORKLIFT ATTACHMENT WORK PLATFORM $290 $548 1080 490 $98FORKLIFT SINGLE DOUBLE PALLET HANDLER $221 $586 1085 490 $66FORKLIFT ATTACHMENT BIN DUMPER 1YD $189 $502 1210 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 626 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH MATERIAL HANDLING - WAREHOUSE FORKLIFT ATTACHMENTS 490 $66FORKLIFT ATTACHMENT BIN DUMPER 2YD $189 $502 1215 490 $74FORKLIFT ATTACHMENT BIN DUMPER 3YD $218 $525 1220 490 $81FORKLIFT ATTACHMENT BIN DUMPER 4YD $232 $567 1225 490 $81FORKLIFT ATTACHMENT BIN DUMPER 5YD $232 $567 1230 490 $70FORKLIFT ATTACHMENT TRASH HOPPER 3.75YD $167 $455 1235 490 $70FORKLIFT ATTACHMENT TRASH HOPPER 5.0YD $167 $455 1240 490 $60FORKLIFT ATTACHMENT BUCKET .50-.75YD $167 $405 1250 490 $60FORKLIFT ATTACHMENT BUCKET 1YD $167 $405 1255 490 $60FORKLIFT ATTACHMENT BUCKET 1.25YD $167 $405 1260 490 $60FORKLIFT ATTACHMENT BUCKET 1.5YD $167 $405 1265 490 $65FORKLIFT ATTACHMENT BUCKET 1.75YD $181 $442 1270 490 $65FORKLIFT ATTACHMENT BUCKET 2YD $181 $442 1275 490 $60FORKLIFT ATTACHMENT CARRIAGE $172 $377 1400 490 $86FORKLIFT ATTACHMENT SWING CARRIAGE $241 $638 1410 490 $60FORKLIFT ATTACHMENT FORK EXTENSIONS $172 $377 1450 490 $28FORKLIFT ATTACHMENT 48IN FORKS $88 $187 1460 490 $30FORKLIFT ATTACHMENT 60IN FORKS $97 $205 1470 490 $35FORKLIFT ATTACHMENT 72IN FORKS $100 $219 1480 490 $292FORKLIFT ATTACHMENT BOOMSTAND 40-60000LB $875 $1,655 1517 490 $60CRANE ATTACHMENT TRASH HOPPER $173 $387 1600 490 $33FORKLIFT BATTERY CHARGER 48V ONLY 115V $90 $209 1690 490 $40FORKLIFT BATTERY CHARGER FOR 48V & 80V $97 $270 1695 499 $312TRACKS/600S $884 $2,534 0600 MATERIAL HANDLING - WAREHOUSE FORKLIFTS 450 $255WAREHOUSE FORKLIFT 2000LB CUSHION ELEC $671 $1,576 2000 450 $189WAREHOUSE FORKLIFT 3000LB PNEU DSL $485 $1,116 2010 450 $189WAREHOUSE FORKLIFT 3000LB PNEU DF $485 $1,116 2020 450 $255WAREHOUSE FORKLIFT 3000LB CUSHION ELEC $671 $1,576 2030 450 $209WAREHOUSE FORKLIFT 3000LB CUSHION LPG $535 $1,209 2040 450 $255WAREHOUSE FORKLIFT 3000LB 3W STDUP ELEC $671 $1,576 2050 450 $255WAREHOUSE FORKLIFT 3500LB 3W STDUP ELEC $671 $1,576 2055 450 $255WAREHOUSE FORKLIFT 4000LB 3W STDUP ELEC $671 $1,576 2057 450 $209WAREHOUSE FORKLIFT 4000LB CUSH LPS RATED $535 $1,209 2085 450 $255WAREHOUSE FORKLIFT 4000LB 3W SIT ELEC $671 $1,576 2090 450 $255WAREHOUSE FORKLIFT 4000LB CUSHION ELEC $671 $1,576 2100 450 $200WAREHOUSE FORKLIFT 5000LB PNEU DSL $485 $1,116 2110 450 $256WAREHOUSE FORKLIFT 5000LB PNEU DSL CAB $631 $1,488 2115 450 $189WAREHOUSE FORKLIFT 5000LB PNEU DF $485 $1,116 2120 450 $189WAREHOUSE FORKLIFT 5000LB PNEU LP ONLY $485 $1,116 2122 450 $189WAREHOUSE FORKLIFT 5000LB PNEU LPS $485 $1,116 2123 450 $293WAREHOUSE FORKLIFT 5000LB PNEU ELEC $724 $1,674 2130 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 627 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH MATERIAL HANDLING - WAREHOUSE FORKLIFTS 450 $293WAREHOUSE FORKLIFT 5000LB CUSHION ELEC $724 $1,674 2140 450 $209WAREHOUSE FORKLIFT 5000LB CUSHION LPG $535 $1,209 2150 450 $209WAREHOUSE FORKLIFT 5000LB LOWPRO PNEU DF $535 $1,209 2160 450 $209WAREHOUSE FORKLIFT 5000LB LOWPRO PNEU LP $535 $1,209 2165 450 $221WAREHOUSE FORKLIFT 5000LB QUAD PNEU DF $563 $1,395 2170 450 $219WAREHOUSE FORKLIFT 6000LB PNEU DSL $553 $1,238 2180 450 $256WAREHOUSE FORKLIFT 6000LB PNEU DSL CAB $646 $1,488 2185 450 $219WAREHOUSE FORKLIFT 6000LB PNEU DF $553 $1,238 2190 450 $219WAREHOUSE FORKLIFT 6000LB PNEU LP $553 $1,238 2200 450 $293WAREHOUSE FORKLIFT 6000LB CUSHION ELEC $739 $1,674 2210 450 $221WAREHOUSE FORKLIFT 6000LB SINGLE-DBL DF $563 $1,395 2220 450 $221WAREHOUSE FORKLIFT 6000LB QUAD PNEU DF $563 $1,395 2240 450 $221WAREHOUSE FORKLIFT 6000LB QUAD PNEU LP $563 $1,395 2242 450 $256WAREHOUSE FORKLIFT 7000LB PNEU DSL $688 $1,725 2250 450 $256WAREHOUSE FORKLIFT 8000LB PNEU DSL $688 $1,725 2260 450 $293WAREHOUSE FORKLIFT 8000LB PNEU DSL CAB $735 $1,850 2265 450 $256WAREHOUSE FORKLIFT 8000LB PNEU DF $688 $1,725 2270 450 $293WAREHOUSE FORKLIFT 8000LB PNEU DF CAB $735 $1,850 2275 450 $256WAREHOUSE FORKLIFT 8000LB PNEU LPG $688 $1,725 2280 450 $353WAREHOUSE FORKLIFT 10000LB CUSHION ELEC $1,000 $2,604 2305 450 $305WAREHOUSE FORKLIFT 10000LB PNEU DSL $767 $2,022 2310 450 $348WAREHOUSE FORKLIFT 10000LB PNEU DSL CAB $912 $2,146 2315 450 $305WAREHOUSE FORKLIFT 10000LB PNEU DF $767 $2,022 2320 450 $348WAREHOUSE FORKLIFT 10000LB PNEU DF CAB $912 $2,146 2325 450 $305WAREHOUSE FORKLIFT 10000LB CUSHION LPG $767 $2,022 2330 450 $353WAREHOUSE FORKLIFT 12000LB CUSHION ELEC $1,000 $2,604 2345 450 $338WAREHOUSE FORKLIFT 12000LB PNEU DF $967 $2,562 2360 450 $577WAREHOUSE FORKLIFT 15000LB PNEU DSL $1,474 $3,320 2370 450 $612WAREHOUSE FORKLIFT 15000LB PNEU DSL CAB $1,535 $3,418 2375 450 $577WAREHOUSE FORKLIFT 15000LB CUSHION LPG $1,474 $3,320 2380 450 $577WAREHOUSE FORKLIFT 15000LB PNEU DF $1,474 $3,320 2390 450 $925WAREHOUSE FORKLIFT 20000LB PNEU DSL $2,325 $5,813 2410 450 $925WAREHOUSE FORKLIFT 22000LB PNEU DSL $2,325 $5,813 2420 450 $977WAREHOUSE FORKLIFT 26000LB PNEU DSL ROPS $2,511 $5,901 2430 450 $977WAREHOUSE FORKLIFT 26000LB PNEU CAB DSL $2,511 $5,901 2435 450 $1,018WAREHOUSE FORKLIFT 30000LB PNEU DSL $2,651 $6,650 2440 450 $1,018WAREHOUSE FORKLIFT 36000LB PNEU DSL ROPS $2,651 $6,650 2450 450 $1,018WAREHOUSE FORKLIFT 36000LB PNEU CAB DSL $2,651 $6,650 2455 450 $1,933WAREHOUSE FORKLIFT 55000LB PNEU DSL $4,743 $13,183 2470 450 $2,143WAREHOUSE FORKLIFT VERSA 40-60000LB DF $4,285 $11,044 3035 POWER GEN - 150-400KW - AIRCRAFT GENERATOR Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 628 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH POWER GEN - 150-400KW - AIRCRAFT GENERATOR 501 $586180KVA 400HZ SOLID STATE AIRCRAFT GPU $1,484 $4,371 4220 POWER GENERATION - AIRCRAFT GENERATOR 501 $62890KVA 400HZ PORTABLE AIRCRAFT GENERATOR $2,504 $5,115 4000 501 $698120KVA 400HZ PORTABLE AIRCRAFT GENERATOR $2,969 $5,580 4010 501 $884180KVA 400HZ PORTABLE AIRCRAFT GENERATOR $3,255 $6,975 4020 501 $37290KVA 400HZ SOLID STATE AIRCRAFT GPU $1,039 $2,976 4210 POWER GENERATION - DIESEL CONTAINER 501 $2,148800KW GENERATOR DSL $5,859 $15,810 1800 501 $2,2181000KW GENERATOR DSL $5,952 $16,647 2100 501 $2,5491350KW GENERATOR DSL $6,557 $19,408 2300 501 $3,4321600KW GENERATOR DSL $9,486 $24,413 2600 POWER GENERATION - FUEL TANKS 530 $65FUEL TANK UP TO 100 GALLON $186 $352 1000 530 $84PROSOL DEF TANK 100 GALLON GALVANIZED $233 $558 1005 530 $69FUEL TANK 251 GALLON $200 $386 1020 530 $107FUEL TANK 552 GALLON $326 $601 1050 530 $144FUEL TANK 523 GALLON TOWABLE $423 $816 1060 530 $144FUEL TANK 787 GALLON $423 $816 1070 530 $219FUEL TANK 1204 GALLON $642 $1,211 1090 530 $400FUEL TANK 2388 GALLON $1,190 $2,734 1100 POWER GENERATION - LOAD BANKS 525 $115LOAD BANK 100 KW $240 $535 1360 525 $115LOAD BANK 125 KW $240 $535 1362 525 $419LOAD BANK 600 KW $1,209 $3,587 1365 525 $620LOAD BANK 1000 KW $1,860 $5,580 1366 525 $930LOAD BANK 3000 KW $2,790 $9,300 1368 POWER GENERATION - PORTABLE 500 $441KW SILENT PORTABLE GENERATOR GAS $158 $332 1015 500 $472KW SILENT PORTABLE GENERATOR GFCI GAS $181 $396 1020 500 $472KW SILENT PORTABLE GENERATOR GAS $181 $396 1025 500 $583KW PORTABLE GENERATOR GAS $219 $479 1030 500 $583KW SILENT PORTABLE GENERATOR GAS $219 $479 1035 500 $654KW SILENT PORTABLE GENERATOR GAS $246 $524 1045 500 $675KW PORTABLE GENERATOR GAS $255 $539 1050 500 $675KW PORTABLE GENERATOR DSL $255 $539 1057 500 $776KW PORTABLE GENERATOR GAS $284 $598 1060 500 $937KW SILENT PORTABLE GENERATOR GAS $353 $747 1075 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 629 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH POWER GENERATION - PORTABLE 500 $12110KW PORTABLE GENERATOR GAS $403 $921 1100 500 $16914KW PORTABLE GENERATOR 120/240V 1PH GAS $486 $1,046 1110 500 $20016KW PORTABLE GENERATOR 120/240V 1PH/3PH $577 $1,246 1120 500 $26523KW PORTABLE GENERATOR 120/480V 1PH/3PH $609 $1,432 1130 POWER GENERATION - POWER DISTRIBUTION 514 $6EXTENSION CORD 14/3 X 100' $17 $40 1145 514 $5EXTENSION CORD 14/3 X 50' $13 $32 1150 514 $2EXTENSION CORD 14/3 X 25' $7 $20 1155 525 $167I LINE PANEL 400 AMP $457 $1,245 1030 525 $190I LINE PANEL 600 AMP 600V $498 $1,328 1060 525 $260I LINE PANEL 800 AMP $698 $1,535 1070 525 $335I LINE PANEL 1200 AMP $791 $2,000 1080 525 $335I-LINE PANEL 1200A 600V LOW PROFILE $791 $2,000 1085 525 $47QUADBOX FEEDER PANEL 120 AMP $135 $273 1090 525 $47QUAD BOX FEEDER PANEL 200 AMP $135 $273 1100 525 $63PANEL DISTRO 200A 2XL5302XCALI4X50A4X30A $146 $342 1120 525 $105SPIDER BOX FEEDER PANEL 200 AMP $299 $646 1140 525 $105SPIDER BOX FEEDER PANEL 400 AMP $299 $646 1150 525 $47SPLITER PANEL 400 AMP CAMLOCK $90 $205 1160 525 $47REEFER PANEL 30 GANG $113 $295 1180 525 $97TRANSFORMER 15KVA 480-120/208 MILL PANEL $312 $664 1190 525 $102TRANSFORMER 30KVA 480-120/208 MILL PANEL $319 $910 1195 525 $58TRANSFER SWITCH 200 AMP $164 $461 1250 525 $65TRANSFER SWITCH 200 AMP ATS $199 $544 1255 525 $91TRANSFER SWITCH 400 AMP ATS $260 $703 1260 525 $293TRANSFER SWITCH 600 AMP $532 $1,453 1270 525 $442TRANSFER SWITCH 800 AMP $716 $1,814 1290 525 $102VFD PANEL 20HP 460V 3PH $279 $814 1310 525 $121VFD PANEL 50HP 460V 3PH $312 $934 1320 525 $153VFD PANEL 100HP 460V 3P SOFT START $400 $1,116 1330 525 $191VFD PANEL 150HP 460V 3PH $548 $1,495 1350 525 $88DISCONNECT FUSE PANEL 200 AMP $223 $493 1605 525 $135DISCONNECT BREAKER PANEL 400A $273 $632 1610 525 $150DISCONNECT BREAKER PANEL 600A $387 $903 1620 525 $173DISCONNECT BREAKER PANEL 800A $423 $1,163 1630 525 $395I LINE PANEL 3000 AMP $1,127 $3,255 1720 525 $23PANEL DISTRIBUTION 125/250V 30AMP GFCI $68 $159 2110 525 $23PANEL DISTRIBUTION 125/250V 50AMP GFCI $68 $159 2120 525 $56PANEL DIST 400A CAM IN/4X100A APPLE OUT $149 $352 2142 525 $265PANEL DISTRIBUTION 800AMP 3PH 120/208V $744 $2,075 2190 525 $149DISCONNECT BREAKER PANEL 1200A $284 $698 2600 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 630 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH POWER GENERATION - POWER DISTRIBUTION 525 $502TRANSFER SWITCH AUTO 1200 AMP $724 $2,093 3550 525 $502TRANSFER SWITCH AUTO 1600 AMP $724 $2,093 3560 525 $135PANEL DISTRIBUTION 800AMP 600V $302 $744 4000 525 $140TRANSFORMER 45KVA 480-120/208V STEP DWN $395 $747 5047 525 $163TRANSF 75KVA 600/480-120/208V S DWN DIST $410 $1,075 5075 525 $177TRANSFORMER 150KVA 480-600V STEP UP/DWN $432 $1,218 5112 525 $177TRANSFORMER 150KVA ENTERTAINMENT CONFIG $432 $1,218 5114 525 $186TRANSFORMER 300KVA ENTERTAINMENT CONFIG $605 $1,535 5122 525 $376TRANSF 500KVA 480-600V STEP UP/DWN AUTO $928 $2,488 5130 525 $200TRANSFORMER 500KVA 2400/480V PADMOUNT $521 $1,450 5137 525 $828TRANSFORMER 1500KVA PADMOUNT $1,572 $4,394 5165 550 $81WELDER INVERTER CC/CV 650-699 AMPS $237 $512 1330 550 $133WELDER SKID MOUNTED 400 - 449 AMPS DSL $279 $591 1875 POWER GENERATION - SKID MOUNTED 501 $400100KW GENERATOR SKID MOUNTED DSL $1,056 $2,953 1105 501 $599175KW GENERATOR SKID MOUNTED DSL $1,651 $3,622 1180 501 $837250KW GENERATOR SKID MOUNTED DSL $1,972 $4,803 1255 501 $958320KW GENERATOR SKID MOUNTED DSL $2,418 $5,752 1325 POWER GENERATION - STEP-DOWN TRANSFORMERS 525 $102TRANSF 150KVA 600/480-120/208V STEP DWN $319 $910 1210 POWER GENERATION - TOWABLE DIESEL 501 $1778KW GENERATOR DSL $408 $958 1008 501 $19815KW GENERATOR DSL $434 $1,056 1015 501 $19820KW GENERATOR DSL $434 $1,056 1020 501 $76320KW GENERATOR DSL HYBRID $2,009 $5,441 1021 501 $33125KW GENERATOR MEGA SILENT DSL $691 $1,381 1025 501 $26530KW GENERATOR DSL $693 $1,502 1030 501 $26540KW GENERATOR DSL $693 $1,502 1040 501 $29355KW GENERATOR DSL $716 $1,920 1055 501 $29355KW GENERATOR SKID MOUNTED DSL $693 $1,865 1060 501 $44056KW GENERATOR MEGA SILENT DSL $1,222 $2,930 1062 501 $62865KW GENERATOR MEGA SILENT DSL $1,632 $3,725 1065 501 $40070KW GENERATOR DSL $1,056 $2,953 1070 501 $40080KW GENERATOR DSL $1,056 $2,953 1080 501 $400100KW GENERATOR DSL $1,056 $2,953 1100 501 $628104KW GENERATOR MEGA SILENT DSL $1,632 $3,725 1110 501 $753117KW GENERATOR MEGA SILENT DSL $1,967 $4,980 1115 501 $599120KW GENERATOR DSL $1,651 $3,622 1120 501 $753137KW GENERATOR MEGA SILENT DSL $1,967 $4,980 1135 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 631 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH POWER GENERATION - TOWABLE DIESEL 501 $599140KW GENERATOR DSL $1,651 $3,622 1140 501 $599160KW GENERATOR DSL $1,651 $3,622 1160 501 $599175KW GENERATOR DSL $1,651 $3,622 1175 501 $837200KW GENERATOR DSL $1,972 $4,803 1200 501 $837250KW GENERATOR DSL $1,972 $4,803 1250 501 $959275KW GENERATOR MEGA SILENT DSL $2,256 $5,859 1280 501 $958320KW GENERATOR DSL $2,418 $5,752 1320 501 $2,148500KW GENERATOR DSL $5,859 $15,810 1500 501 $2,148500KW GENERATOR DSL T4F $5,859 $15,810 1510 501 $4,145CONTAINERIZED 2MEG DIESEL GENERATOR $11,474 $30,272 2700 501 $1,0681400AMP STUDIO GENERATOR $2,325 $8,026 3140 501 $1,0681600AMP STUDIO GENERATOR $2,325 $8,026 3160 POWER GENERATION - TRANSFORMERS 525 $80TRANSFORMER 30KVA 480-120/208V STEP DWN $225 $498 5020 525 $163TRANSFORMER 75KVA ENTERTAINMENT CONFIG $479 $1,003 5025 639 $112TOW TRACTOR WAREHOUSE STAND-UP ELECTRIC $279 $814 1200 PUMP - BOOSTER PUMPS 813 $130PUMP BOOSTER 15HP 2IN ELEC $387 $1,026 2470 813 $167PUMP BOOSTER 30HP 3IN ELEC $478 $1,206 2510 813 $233PUMP BOOSTER 4IN ELEC $558 $1,586 2520 813 $88PUMP BOOSTER 5HP ELEC $246 $639 2550 PUMP - CENTRIFUGAL PUMPS 800 $67PUMP CENTRIFUGAL 2IN GAS $159 $410 1020 800 $91PUMP CENTRIFUGAL 3IN GAS $178 $432 1030 800 $98PUMP CENTRIFUGAL 4IN GAS $198 $508 1040 PUMP - DIAPHRAGM PUMPS 800 $83PUMP DIAPHRAGM 2IN GAS $246 $483 1120 800 $83PUMP DIAPHRAGM 2IN AIR $246 $483 1125 800 $83PUMP DIAPHRAGM 3IN GAS $246 $483 1130 800 $164PUMP 6IN DOUBLED DIAPHRAGM DSL $456 $1,287 1160 800 $193PUMP 6IN DOUBLED DIAPHRAGM SO ATT DSL $579 $1,707 1170 807 $116PUMP DIAPHRAGM 4IN DSL $344 $858 1710 810 $111PUMP DOUBLED 2 IN AIR $316 $604 1110 810 $111PUMP DOUBLED 3 IN AIR $316 $604 1120 812 $83PUMP DIAPHRAGM 1IN $200 $512 2355 812 $67PUMP DIAPHRAGM POLYPROPYLENE 1IN $155 $432 2360 812 $47PUMP DIAPHRAGM ALUM/CAST IRON 1IN $130 $342 2370 812 $189PUMP DIAPHRAGM POLYPROPYLENE 2IN $507 $907 2390 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 632 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH PUMP - DIAPHRAGM PUMPS 812 $189PUMP DIAPHRAGM SS 2IN $507 $907 2400 812 $74PUMP DIAPHRAGM ALUMINUM 2IN $195 $339 2410 812 $84PUMP DIAPHRAGM 3IN $246 $525 2415 812 $200PUMP DIAPHRAGM SS 3IN $628 $1,209 2440 812 $88PUMP DIAPHRAGM ALUMINUM 3IN $242 $512 2450 PUMP - DNS 821 $144TANK BUFFER 500 GAL $437 $1,242 2923 821 $600PUMP SEALED PRIME HIGH HEAD 5X4 DSL $1,748 $4,845 2970 821 $84VFD PANEL 5HP $228 $632 2990 821 $255FUSION MACHINE 2 - 8 IN $676 $2,039 3020 821 $50PUMP MONITOR KIT MODEM W/SOLAR PANELS $98 $202 3055 PUMP - FLOW METERS 816 $74PUMP FLOWMETER 12IN $214 $540 2682 816 $37PUMP FLOWMETER 4IN $119 $353 2710 816 $47PUMP FLOWMETER 6IN $135 $381 2720 816 $50FLOW METER $149 $432 2740 PUMP - HYDRAULIC POWER UNIT PUMPS 814 $121PUMP HYDRAULIC 10000 PSI FOR TOOLS AIR $466 $1,135 1000 814 $121PUMP HYDRAULIC 10000 PSI FOR TOOLS ELEC $466 $1,135 1002 814 $121PUMP HYDRAULIC SPLIT FLOW FOR LIFTING $365 $1,163 1005 814 $128POWER UNIT 10-14 HP HYD $478 $1,309 2610 814 $172POWER UNIT 15-20HP HYD $501 $1,545 2620 814 $278POWER UNIT 65HP HYD $688 $2,031 2630 814 $298POWER UNIT 68HP T4F HYD $820 $2,344 2633 814 $326POWER UNIT 162HP HYD $856 $3,068 2640 PUMP - INDUSTRIAL PUMPS 803 $363PUMP VAC ASSIST SS 6IN T4F DSL $1,081 $3,013 1420 804 $324PUMP VAC ASSIST HIGH HEAD 4X3IN DSL $953 $2,478 1450 804 $495PUMP VAC ASSIST HHEAD 142HP 4X3IN DSL $1,560 $4,139 1455 804 $405PUMP VAC ASSIST HIGH HEAD 5X3IN DSL $1,167 $3,106 1460 804 $405PUMP VAC ASSIST HIGH HEAD 6X3IN DSL $1,167 $3,106 1470 804 $470PUMP VAC ASSIST HIGH HEAD 6X3IN T4F DSL $1,390 $4,366 1475 804 $405PUMP VAC ASSIST HIGHHEAD 6X3IN 125HP $1,167 $3,106 1477 804 $488PUMP VAC ASSIST HIGH HEAD 6X4IN DSL $1,442 $3,757 1480 804 $539PUMP VAC ASSIST HIGH HEAD 6X4IN T4F DSL $1,614 $4,492 1490 804 $758PUMP VAC ASSIST HIGH HEAD 8X6IN DSL $2,181 $5,547 1520 804 $400PUMP VAC ASSIST HHEAD VN PRI 10X6IN DSL $1,321 $3,860 1530 804 $907PUMP VAC ASSIST HIGH HEAD 10X8IN DSL $2,530 $7,226 1540 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 633 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH PUMP - INDUSTRIAL PUMPS 804 $579PUMP VAC ASSIST MEDIUM HEAD 10X8IN DSL $1,953 $4,185 1550 804 $579PUMP VAC ASSIST SS HIGH HEAD 6X3IN DSL $1,544 $4,278 1560 804 $800PUMP VAC ASSIST SS HIGH HEAD 10X8IN DSL $2,350 $6,696 1570 804 $967PUMP VAC ASSIST HHEAD 600HP 8X6IN DSL $2,491 $7,487 1590 804 $1,070PUMP VAC ASSIST HHEAD 600HP 10X8IN DSL $3,027 $7,835 1600 805 $330PUMP TRASH 6IN TOWABLE DSL $1,004 $3,032 1620 808 $512PUMP VAC ASSIST HIGH HEAD 6X3IN ELEC $1,516 $4,283 1800 PUMP - ROAD CROSSINGS 820 $106ROAD CROSSING PUMP DIVISION 12IN $205 $646 2870 820 $89ROAD CROSSING PUMP DIVISION 8IN $167 $567 2880 820 $130ROAD CROSSING PUMP DIVISION DB WIDE 12IN $391 $1,111 2890 820 $73ROAD CROSSING PUMP DIVISION 6IN BRAHMAN $155 $562 2900 PUMP - SPLAT SYSTEMS 819 $112ROAD CROSSING PUMP DIVISION 4IN BRAHMAN $302 $795 2850 PUMP - STEEL PONTOONS 821 $56PONTOON FLOAT SUBMERSIBLE STEEL 12IN $112 $229 2920 PUMP - SUBMERSIBLE PUMPS 809 $45PUMP SUBMERSIBLE 3/4IN ELEC $88 $214 1820 809 $56PUMP SUBMERSIBLE 2IN ELEC $163 $386 1860 809 $56PUMP SUBMERSIBLE 2IN LOW LEVEL ELEC $163 $386 1865 809 $65PUMP SUBMERSIBLE SEWAGE 1HP 2IN ELEC $195 $451 1870 809 $86PUMP SUBMERSIBLE 3IN ELEC $196 $462 1880 809 $86PUMP SUBMERSIBLE 3HP 3IN ELEC $196 $462 1890 809 $34PUMP SUBMERSIBLE HV 1HP 3PH 2IN ELEC $86 $241 1900 809 $42PUMP SUBMERSIBLE 2HP 3PH 460V 2IN ELEC $113 $298 1910 809 $102PUMP SUBMERSIBLE HHEAD 4HP 3PH 2IN ELEC $265 $670 1930 809 $67PUMP SUBMERSIBLE SEWAGE CUT 15HP 3IN ELE $200 $531 1940 809 $111PUMP SUBMERSIBLE HIGH HEAD 6HP 3IN ELEC $342 $800 1980 809 $77PUMP SUBMERSIBLE HV 5HP 3PH 3IN ELEC $214 $563 2020 809 $79PUMP SUBMERSIBLE SEWAGE 3HP 3PH 4IN ELEC $214 $563 2030 809 $121PUMP SUBMERSIBLE SEWAGE CUT 5HP 4IN ELEC $342 $921 2040 809 $140PUMP SUBMERSIBLE SEWAGE 10HP 4IN ELEC $410 $1,070 2050 809 $163PUMP SUBMERSIBLE HIGH HEAD 15HP 4IN ELEC $456 $1,202 2060 809 $186PUMP SUBMERSIBLE SEW CUT 20HP 4IN ELEC $530 $1,372 2070 809 $260PUMP SUBMERSIBLE HIGH HEAD 40HP 4IN ELEC $715 $1,790 2110 809 $121PUMP SUBMERSIBLE 4IN ELEC $293 $725 2120 809 $205PUMP SUBMERSIBLE SEW 10HP 3PH 6IN ELEC $602 $1,593 2150 809 $153PUMP SUBMERSIBLE HV 10HP 3PH 6IN ELEC $451 $1,288 2170 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 634 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH PUMP - SUBMERSIBLE PUMPS 809 $288PUMP SUBMERSIBLE SEWAGE 50HP 6IN ELEC $781 $2,093 2180 809 $172PUMP SUBMERSIBLE HV 15HP 3PH 6IN ELEC $521 $1,455 2190 809 $191PUMP SUBMERSIBLE HV 20HP 3PH 6IN ELEC $572 $1,562 2200 809 $205PUMP SUBMERSIBLE 6IN ELEC $512 $1,256 2220 809 $434PUMP SUBMERSIBLE 8IN ELEC $958 $2,334 2230 809 $483PUMP SUBMERSIBLE 10IN ELEC $1,339 $3,621 2240 811 $102PUMP SUBMERSIBLE SS 4IN HYD $237 $786 2270 811 $102PUMP SUBMERSIBLE 4IN HYD $237 $786 2280 811 $115PUMP SUBMERSIBLE SS 6IN HYD $335 $916 2300 811 $115PUMP SUBMERSIBLE 6IN HYD $335 $916 2310 811 $116PUMP SUBMERSIBLE 8IN HYD $338 $958 2320 811 $140PUMP SUBMERSIBLE SS 12IN HYD $363 $1,042 2330 811 $130PUMP SUBMERSIBLE 12IN HYD $363 $1,042 2340 PUMP - TRASH PUMPS 800 $54PUMP TRASH 2IN GAS $200 $437 1080 800 $67PUMP TRASH 3IN GAS $255 $553 1090 800 $86PUMP TRASH 4IN GAS $321 $628 1110 801 $205PUMP VAC ASSIST 4IN DSL $609 $1,460 1210 801 $214PUMP VAC ASSIST 4IN T4F DSL $637 $1,567 1220 801 $260PUMP VAC ASSIST 6IN DSL $707 $1,748 1230 801 $273PUMP VAC ASSIST 6IN T4F DSL $758 $2,000 1240 801 $307PUMP VAC ASSIST 6IN SUPER DSL $772 $2,237 1250 801 $307PUMP VAC ASSIST 6IN SUPER T4F DSL $772 $2,237 1260 801 $326PUMP VAC ASSIST 8IN DSL $842 $2,279 1270 801 $344PUMP VAC ASSIST 8IN SUPER DSL $907 $2,555 1280 801 $456PUMP VAC ASSIST 12IN DSL $1,368 $3,543 1290 801 $516PUMP VAC ASSIST 12IN SUPER DSL $1,596 $5,069 1300 801 $837PUMP VAC ASSIST 14IN DSL $2,381 $5,902 1320 801 $1,712PUMP VAC ASSIST 18IN DSL $5,093 $13,837 1330 802 $242PUMP VAC ASSIST SND ATT 4IN DSL $718 $1,655 1340 802 $242PUMP VAC ASSIST SND ATT 4IN DSL T4F $718 $1,655 1345 802 $293PUMP VAC ASSIST SND ATT 6IN DSL $756 $1,976 1350 802 $303PUMP VAC ASSIST SND ATT 6IN DSL T4F $795 $2,079 1355 802 $335PUMP VAC ASSIST SND ATT 8IN DSL $981 $2,639 1360 802 $335PUMP VAC ASSIST SND ATT 8IN DSL SKID $981 $2,639 1361 802 $609PUMP VAC ASSIST SND ATT 12IN DSL $1,733 $4,507 1370 802 $609PUMP VAC ASSIST SND ATT 12IN DSL SKID $1,733 $4,507 1371 802 $245PUMP VAC ASSIST SND ATT CHOP 4IN DSL $708 $1,695 1385 802 $326PUMP VAC ASSIST SND ATT CHOP 6IN DSL $963 $2,618 1390 803 $233PUMP VAC ASSIST SS 4IN DSL $721 $1,953 1400 803 $338PUMP VAC ASSIST SS 6IN DSL $1,023 $2,637 1410 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 635 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH PUMP - TRASH PUMPS 803 $363PUMP VAC ASSIST SS 6IN SUPER DSL $1,081 $3,013 1430 803 $363PUMP VAC ASSIST SS 8IN SUPER DSL $1,081 $3,013 1440 804 $270PUMP VAC ASSIST TRASH 6IN T4F DSL $767 $1,981 1700 808 $181PUMP TRASH 2IN ELEC $525 $1,474 1720 808 $186PUMP VAC ASSIST 4IN ELEC $558 $1,535 1750 808 $260PUMP VAC ASSIST 6IN ELEC $735 $1,824 1770 808 $326PUMP VAC ASSIST 8IN ELEC $981 $2,553 1780 PUMP - WELLPOINT PUMPS 806 $204PUMP WELL POINT PISTON SO ATTN 6IN DSL $579 $1,721 1650 806 $214PUMP WELL POINT ROTARY SO ATTN 6IN DSL $618 $1,772 1670 806 $240PUMP WELL POINT ROTARY 8IN DSL $703 $2,056 1675 806 $241PUMP WELL POINT ROTARY SO ATTN 8IN DSL $703 $2,056 1680 806 $290PUMP WELL POINT ROTARY 12IN DSL $837 $2,266 1690 TRUCKS AND TRAILERS - ARROW BOARDS 660 $112BOARD ARROW FOLDING TRAILER 15-LIGHT $349 $644 1000 660 $112BOARD ARROW VERTICAL TRAILER 15-LIGHT $349 $644 1010 660 $121BOARD ARROW FOLDING TRAILER 25-LIGHT $381 $693 1020 TRUCKS AND TRAILERS - ATTACHMENTS & ACCESSORIES 659 $98TRUCK SPREADER HOPPER 8 FT $298 $925 8000 659 $107TRUCK SPREADER HOPPER 9 FT $326 $985 8020 659 $82TRUCK SPREADER TAILGATE $208 $698 8030 659 $93TRUCK SNOW PLOW 7-8 FT $284 $912 8100 659 $93TRUCK SNOW PLOW 8.5-9 FT $284 $912 8110 659 $116TRUCK SNOW PLOW 10 FT $335 $1,023 8130 659 $135TRUCK DUMP BED 8FT POLYMER 3.1 YD 6K LBS $359 $899 8220 659 $130TRUCK DUMP BED 8FT STEEL 2.0 YD 6K LBS $309 $772 8225 659 $196TRUCK DUMP BED 8FT S STEEL 2.0 YD 6K LBS $467 $1,167 8230 TRUCKS AND TRAILERS - BUCKET TRUCKS 659 $488TRUCK BUCKET 33 FT INSUL PICKUP CREW GAS $1,535 $3,883 6296 659 $535TRUCK BUCKET 35 FT NONINSULATED GAS $1,595 $4,464 6300 659 $535TRUCK DIGGER 45 FT CENTER MOUNT INS DSL $1,595 $4,464 6305 659 $535TRUCK BUCKET 35 FT NONINSULATED DSL $1,595 $4,464 6310 659 $575TRUCK BUCKET 45 FT INSULATED GAS $1,674 $4,790 6315 659 $575TRUCK BUCKET 45 FT INSULATED GAS $1,674 $4,790 6315 659 $575TRUCK BUCKET 45 FT INSULATED DSL $1,674 $4,790 6320 659 $575TRUCK BUCKET 55 FT DSL $1,674 $4,790 6328 659 $743TRUCK BUCKET 60 FT TREE TRIMMER DSL $2,065 $5,166 6336 659 $746TRUCK BUCKET 70 FT TREE TRIMMER DSL $2,640 $6,640 6342 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 636 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH TRUCKS AND TRAILERS - BUCKET TRUCKS 659 $1,395TRUCK BUCKET 85 FT DSL $3,906 $10,151 6350 TRUCKS AND TRAILERS - CARGO VAN 659 $195TRUCK BOX 12 FT $563 $1,586 6055 659 $228TRUCK BOX 15 FT $767 $2,198 6060 659 $219TRUCK BOX 15 FT W/ LIFTGATE $795 $2,246 6070 659 $205TRUCK BOX 24 FT W/ LIFTGATE $897 $3,581 6090 659 $205TRUCK BOX 26 FT W/ LIFT GATE $897 $3,581 6095 659 $234TRUCK REEFER 26FT WITH LIFTGATE $1,151 $3,757 6098 TRUCKS AND TRAILERS - CARGO VANS 659 $117VAN CARGO MINI GAS $539 $1,788 5455 659 $117VAN CARGO 1/2 T GAS $539 $1,788 5460 659 $117VAN CARGO 3/4 T GAS LOW ROOF $539 $1,788 5470 659 $117VAN CARGO 3/4 T GAS MEDIUM ROOF $539 $1,788 5471 659 $117VAN CARGO 3/4 T GAS HIGH ROOF $539 $1,788 5472 659 $117VAN CARGO 3/4 T DSL $539 $1,788 5475 659 $117VAN CARGO 1 T GAS LOW ROOF $539 $1,788 5480 659 $120VAN CARGO REEFER MID ROOF $624 $1,986 5487 659 $228TRUCK BOX 14 FT $767 $2,198 6057 659 $219TRUCK BOX 16 FT W/ LIFT GATE $795 $2,246 6075 TRUCKS AND TRAILERS - CLASS A TRACTORS 659 $636TERMINAL TRACTOR SIGL AXE 2X4 OFF-RD DSL $1,856 $5,208 6440 659 $636TERMINAL TRACTOR SIGL AXE 2X4 ON-RD DSL $1,856 $5,208 6442 659 $795TRUCK TRACTOR TANDEM 4WD DSL $2,000 $6,250 6455 659 $892TRUCK TRACTOR TRI 4WD DSL $2,418 $6,982 6460 TRUCKS AND TRAILERS - CRANE TRUCKS 659 $721TRUCK CRANE 18 T SINGLE DSL $1,907 $5,115 6380 659 $1,149TRUCK CRANE 20 T TANDEM DSL $3,046 $7,161 6410 659 $1,149TRUCK CRANE 23 T TANDEM DSL $3,046 $7,161 6430 659 $474TRUCK AUGER 47FT CDL $1,428 $3,288 6435 TRUCKS AND TRAILERS - CRASH ATTENUATORS 659 $716TRUCK MOUNTED ATTENUATOR 62-65 MPH GAS $1,893 $4,338 6250 659 $716TRUCK MOUNTED ATTENUATOR 62-65 MPH DSL $1,893 $4,338 6260 TRUCKS AND TRAILERS - DELIVERY 659 $233TRUCK DELIVERY PCT 3/4 TON GAS NON-CDL $761 $2,153 6267 TRUCKS AND TRAILERS - DNS Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 637 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH TRUCKS AND TRAILERS - DNS 719 $83AUTO DIALER $219 $591 5010 TRUCKS AND TRAILERS - DUMP TRAILERS 610 $126TRAILER DUMP SINGLE AXLE $332 $596 2200 610 $135TRAILER DUMP TANDEM AXLE $383 $729 2230 610 $243TRAILER DUMP TANDEM AXLE 12-16000LB GVWR $702 $1,465 2240 610 $423TRAILER DUMP TRIPLE AXLE $1,256 $3,255 2290 TRUCKS AND TRAILERS - DUMP TRUCKS 659 $381TRUCK FLAT DUMP 16FT 1-1/2T STD 2WD DSL $1,042 $2,497 6100 659 $381TRUCK FLAT DUMP 20FT 1-1/2T STD 2WD DSL $1,042 $2,497 6105 659 $342TRUCK DUMP 3-4 YD STD 4WD GAS $923 $2,139 6110 659 $342TRUCK DUMP 3-4 YD DSL $923 $2,139 6120 659 $342TRUCK DUMP 3-4 YD CREW 4WD DSL $923 $2,139 6130 659 $342TRUCK DUMP 3-4 YD CREW 4WD GAS $923 $2,139 6135 659 $342TRUCK DUMP 3-4 YD CREW 2WD DSL $923 $2,139 6140 659 $381TRUCK DUMP 5-6 YD GAS $1,042 $2,497 6150 659 $381TRUCK DUMP 5-6 YD GAS NON CDL $1,042 $2,497 6160 659 $381TRUCK DUMP 5-6 YD DSL $1,042 $2,497 6170 659 $381TRUCK DUMP 5-6 YD DSL NON CDL $1,042 $2,497 6180 659 $405TRUCK DUMP 5-6 YD CREW DSL $1,102 $2,692 6190 659 $405TRUCK DUMP 5-6 YD CREW DSL NON-CDL $1,102 $2,692 6195 659 $688TRUCK DUMP 12-14 YD MANUAL DSL $2,195 $5,017 6200 659 $688TRUCK DUMP 12-14 YD AUTO DSL $2,195 $5,017 6210 659 $1,274TRUCK DUMP 22-24 YD DSL $3,553 $8,813 6215 659 $342TRUCK 1 T DUMP LANDSCAPE STD GAS $923 $2,139 6218 659 $1,023TRUCK DUMP ARTICULATED 7 TON DSL $3,069 $6,417 6221 TRUCKS AND TRAILERS - EQUIPMENT TRAILERS 610 $47TRAILER LANDSCAPE 5X8 1500 LB $181 $386 1005 610 $47TRAILER LANDSCAPE 6X12 3000 LB $181 $386 1010 610 $47TRAILER UTILITY 2000 LB $181 $386 1050 610 $60TRAILER UTILITY 7000 LB $236 $501 1075 610 $84TRAILER UTILITY 10000 LB $299 $632 1085 610 $86TRAILER FLATBED 10000 LB $321 $679 1140 610 $101TRAILER FLATBED 10-19000 LB GVWR $395 $879 1160 610 $114TRAILER FLATBED 21-29000 LB GVWR $461 $977 1170 610 $145TRAILER FLATBED 30-39000 LB GVWR $579 $1,163 1180 610 $145TRAILER FLATBED GOOSENECK 20-22000 LBS $579 $1,163 1190 610 $145TRAILER FLATBED W/RAMPS 20000 LB GVWR $579 $1,163 1210 610 $145TRAILER FLATBED NO RAMPS 20000 LB GVWR $579 $1,163 1212 610 $193TRAILER FLATBED GOOSENECK 25-26000 LB $627 $1,379 1220 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 638 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH TRUCKS AND TRAILERS - EQUIPMENT TRAILERS 610 $193TRAILER FLATBED 40-49000 LB GVWR $627 $1,379 1240 610 $193TRAILER FLATBED 3-AXLE W/RAMPS 50000GVWR $627 $1,379 1245 610 $193TRAILER FLATBED 80000 LB AIR RIDE $627 $1,379 1281 610 $651TRAILER FLATBED LIVE BOTTOM 24000 LB $1,953 $5,115 1310 610 $484TRAILER 36IN BULL WHEEL TENSIONER $1,158 $3,041 1530 610 $60TRAILER GROUND LOAD 5000 LB $181 $419 1720 610 $116TRAILER GROUND LOAD 8000 LB $302 $907 1730 610 $116TRAILER GROUND LOAD 10000 LB BATT $302 $907 1740 610 $116TRAILER GROUND LOAD 7000 LB GAS $302 $907 1745 610 $116TRAILER GROUND LOAD 13000-14000 LB $302 $907 1750 610 $121TRAILER TILT 14000LB FIXED TOP DECK $342 $644 1779 610 $465TRAILER CAT EVENT RESPONSE ENCLOSED 53FT $1,395 $3,999 2592 610 $47TRAILER OPEN TOP BOX 4X8 3000 LB $182 $386 2599 610 $47CONTAINER 16 FT KARGO KING $140 $163 2801 610 $600TRAILER SAFETY COOLDOWN 8X24 9990 LB $1,874 $3,748 3010 610 $367TRAILER COOLDOWN AIR CONDITIONED $949 $2,381 3015 610 $558TRAILER MOUNTED SAFETY SHOWER PNEUMATIC $1,944 $4,041 3020 TRUCKS AND TRAILERS - GARBAGE & RECYCLE TRUCKS 659 $563TRUCK GARBAGE 6 YD $2,046 $6,355 6230 659 $767TRUCK GARBAGE 20 YD $2,708 $8,705 6240 TRUCKS AND TRAILERS - MESSAGE BOARDS 660 $177BOARD MESSAGE VERTICAL MID-SIZE 3-LINE $479 $851 1030 660 $177BOARD MESSAGE VERTICAL FULL-SIZE 3-LINE $498 $851 1040 660 $186BOARD MESSAGE FULL-SIZE 3-LINE W/MODEM $632 $1,060 1045 660 $177BOARD MESSAGE VERTICAL COMPACT MATRIX $498 $851 1055 660 $177BOARD MESSAGE VERTICAL MID-SIZE MATRIX $498 $851 1060 660 $186BOARD MESSAGE VERTICAL MID MATRIX MODEM $632 $1,060 1065 660 $186BOARD MESSAGE VERTICAL FULL-SIZE MATRIX $632 $1,060 1070 TRUCKS AND TRAILERS - OFF-ROAD DUMP TRUCKS 659 $342TRUCK 1 T DUMP LANDSCAPE CREW GAS $923 $2,139 6220 659 $1,823TRUCK DUMP ARTICULATED 30 TON DSL $5,241 $11,858 6224 TRUCKS AND TRAILERS - OFF-ROAD UTILITY PASSENGER VEHICLES 630 $93CART PERSONNEL 2 PASSENGER 3-WH ELEC $268 $512 1010 630 $177TOW TRACTOR 1 PASSENGER 3-WH 8K PULL ELE $535 $1,037 1020 630 $107CART BURDEN 2 PASSENGER 4-WH GAS $288 $591 1040 630 $107CART BURDEN 2 PASSENGER 4-WH ELEC $288 $591 1060 630 $126CART BURDEN 2 PASSENGER 4-WH ELEC CAB $372 $791 1065 630 $239CART BURDEN 2 PASS CARGO 4-WH ELEC CAB $636 $1,404 1071 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 639 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH TRUCKS AND TRAILERS - OFF-ROAD UTILITY PASSENGER VEHICLES 630 $107CART BURDEN 4 PASSENGER 4-WH ELEC $288 $591 1080 630 $239CART BURDEN 4 PASSENGER 4-WH ELEC CAB $636 $1,404 1081 630 $126CART GOLF 2 PASSENGER ELEC $307 $609 1100 630 $239CART GOLF 2 PASS FLATBED 1000LB ELEC $897 $1,753 1102 630 $126CART GOLF 2 PASSENGER GAS $307 $609 1110 630 $239CART GOLF 2 PASS FLATBED GAS $897 $1,753 1114 630 $126CART GOLF 4 PASSENGER GAS $307 $609 1120 630 $287CART GOLF 2 PASS PULLERS $928 $2,511 1122 630 $130CART TOUR 4 PASSENGER ELEC $321 $772 1130 630 $153CART TOUR 6 PASSENGER ELEC $372 $842 1150 630 $153CART TOUR 6 PASSENGER GAS $372 $842 1160 630 $186CART WHEELCHAIR ADA GAS $465 $1,139 1180 630 $166CART UTILITY TRUCK 2 PASS ELEC $386 $860 1200 630 $166CART UTV 2 PASSENGER GAS $386 $860 1210 630 $182CART UTV 2 PASSENGER GAS WITH CAB $419 $1,018 1220 630 $166CART UTV 2 PASSENGER DSL $386 $860 1230 630 $182CART UTV 2 PASSENGER DSL WITH CAB $419 $1,018 1240 630 $166CART UTV 2 PASSENGER DSL FLATBED $386 $860 1245 630 $166CART UTV 4 PASSENGER GAS $386 $860 1260 630 $182CART UTV 4 PASSENGER GAS WITH CAB $419 $1,018 1265 630 $166CART UTV 4 PASSENGER DSL $386 $860 1280 630 $182CART UTV 4 PASSENGER DSL WITH CAB $419 $1,018 1290 630 $512CART UTV W/FRONT TOOL CARRIER DSL CAB $1,558 $3,371 1330 630 $166CART UTILITY TRUCK 2 PASS GAS $386 $860 1410 630 $166CART UTV 2 PASSENGER 4WD GAS ENTERTAIN $386 $860 1415 630 $166CART UTV 4 PASSENGER 4WD GAS ENTERTAIN $386 $860 1420 630 $166CART UTV 2 PASSENGER 2WD GAS ENTERTAIN $386 $860 1425 630 $70CART UTV SNOW PLOW 5-6 FT $140 $442 2010 630 $93CART UTV 40 GALLON SPRAYER SKID MTD ELEC $205 $493 2015 660 $326TRAILER ATTENUATOR MOUNTED W/ARROW BOARD $837 $2,120 1110 TRUCKS AND TRAILERS - PASSENGER SHUTTLE BUSES 659 $302BUS SHUTTLE GAS CDL $1,018 $2,046 5550 659 $302BUS SCHOOL DSL $1,018 $2,046 5560 TRUCKS AND TRAILERS - PASSENGER VANS 659 $153VAN PASSENGER 8 GAS 1/2 T $651 $1,855 5490 659 $153VAN PASSENGER 12 GAS 3/4 LOW ROOF $651 $1,855 5510 659 $153VAN PASSENGER 15 GAS 3/4-1 T LOW ROOF $651 $1,855 5540 659 $207VAN PASSENGER 15 GAS 3/4-1 T MID ROOF $1,034 $2,813 5543 TRUCKS AND TRAILERS - PICK-UP TRUCKS Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 640 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH TRUCKS AND TRAILERS - PICK-UP TRUCKS 659 $104TRUCK PICKUP COMPACT STD GAS $470 $1,195 5000 659 $126TRUCK PICKUP COMPACT CREW 4WD GAS $535 $1,297 5005 659 $104TRUCK PICKUP 1/2 T STD 4WD GAS $470 $1,195 5010 659 $104TRUCK PICKUP 1/2 T STD 2WD GAS $470 $1,195 5020 659 $104TRUCK PICKUP 1/2 T SUP 4WD GAS $470 $1,195 5030 659 $104TRUCK PICKUP 1/2 T SUP 2WD GAS $470 $1,195 5040 659 $126TRUCK PICKUP 1/2 T CREW 4WD GAS $535 $1,297 5050 659 $172TRUCK PICKUP 1/2 T CRW 4WD GAS LIFTGATE $605 $1,535 5052 659 $295TRUCK PICKUP 1/2 T CREW 4WD EV $1,150 $2,550 5055 659 $126TRUCK PICKUP 1/2 T CREW 2WD GAS $535 $1,297 5060 659 $162TRUCK PICKUP 3/4 T STD 4WD GAS $580 $1,481 5070 659 $162TRUCK PICKUP 3/4 T STD 4WD DSL $580 $1,481 5080 659 $162TRUCK PICKUP 3/4 T STD 2WD GAS $580 $1,481 5090 659 $162TRUCK PICKUP 3/4 T STD 2WD GAS LIFTGATE $580 $1,481 5100 659 $162TRUCK PICKUP 3/4 T CRW 4WD GAS LIFTGATE $580 $1,481 5104 659 $162TRUCK PICKUP 3/4 T SUP 4WD GAS $580 $1,481 5120 659 $162TRUCK PICKUP 3/4 T SUP 4WD DSL $580 $1,481 5130 659 $162TRUCK PICKUP 3/4 T CREW 4WD GAS $580 $1,481 5160 659 $162TRUCK PICKUP 3/4 T CREW 4WD DSL $580 $1,481 5170 659 $162TRUCK PICKUP 3/4 T CREW 2WD GAS $580 $1,481 5180 659 $205TRUCK PICKUP 1 T STD 4WD GAS $758 $1,628 5200 659 $205TRUCK PICKUP 1 T CREW 4WD GAS $758 $1,628 5240 659 $205TRUCK PICKUP 1 T CREW 4WD DSL $758 $1,628 5250 659 $349TRUCK PICKUP 1 T CREW 4WD DSL DRW $950 $2,302 5255 TRUCKS AND TRAILERS - SERVICE TRUCKS 659 $372TRUCK SERVICE 1-1/2-2 T STD 4WD DSL $977 $2,971 5380 659 $372TRUCK SERVICE 3/4-1 T CREW 4WD GAS $977 $2,971 5425 659 $419TRUCK SERVICE 1-1/2-2 T CREW 4WD DSL $1,163 $3,250 5440 659 $312TRUCK FLATBED 9FT 1-1/2-2T CREW 4WD DSL $990 $2,581 5825 659 $312TRUCK FLATBED 11FT 1-1/2-2T STD 4WD DSL $990 $2,581 5830 659 $441TRUCK STKBD HI-RAIL STD 2WD DSL $1,138 $3,418 5840 TRUCKS AND TRAILERS - SPECIALTY TRAILERS 610 $97TRAILER PIPE DOLLY $352 $791 1430 610 $223TRAILER POLE 15,000 LBS - 40 FT $530 $1,381 1555 610 $284TRAILER POLE 24,000 LBS - 47 FT $666 $1,762 1565 610 $646TRAILER TOOL ENCLOSED 8X44 25000 LBS $1,758 $5,273 2580 TRUCKS AND TRAILERS - SPECIALTY TRUCKS 659 $1,674TRUCK STREET SWEEPER DSL $4,418 $13,485 6245 659 $1,674TRUCK RUNWAY/STREET SWEEPER DSL $4,418 $13,485 6247 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 641 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH TRUCKS AND TRAILERS - SPECIALTY TRUCKS 659 $751TRUCK ASPHALT DISTRIBUTOR 2000 GAL $1,837 $5,422 6470 659 $751TRUCK FORESTRY MOBILE CRANE $1,837 $5,422 6480 TRUCKS AND TRAILERS - STAKE BODY TRUCKS 659 $252TRUCK STKBD 12 FT 3/4-1 T STD 4WD DSL $884 $2,320 5610 659 $252TRUCK STKBD 12 FT 3/4-1 T STD 2WD GAS $884 $2,320 5620 659 $252TRUCK STKBD 12 FT 1-1/2-2 T STD 4WD GAS $884 $2,320 5630 659 $252TRUCK STKBD 12 FT 1-1/2-2 T STD 4WD DSL $884 $2,320 5640 659 $252TRUCK STKBD 12 FT 1-1/2-2 T STD 2WD GAS $884 $2,320 5650 659 $252TRUCK STKBD 12 FT 1-1/2-2 T STD 2WD DSL $884 $2,320 5660 659 $300TRUCK STKBD 12 FT 3/4-1 T CREW 4WD GAS $981 $2,413 5680 659 $300TRUCK STKBD 12 FT 3/4-1 T CREW 4WD DSL $981 $2,413 5690 659 $300TRUCK STKBD 12 FT 3/4-1 T CREW 2WD GAS $981 $2,413 5700 659 $300TRUCK STKBD 12 FT 1-1/2-2 T CREW 4WD GAS $981 $2,413 5725 659 $300TRUCK STKBD 12 FT 1-1/2-2 T CREW 4WD DSL $981 $2,413 5730 659 $300TRUCK STKBD 12 FT 1-1/2-2 T CREW 2WD GAS $981 $2,413 5735 659 $300TRUCK STKBD 12 FT 1-1/2-2 T CREW 2WD DSL $981 $2,413 5740 659 $300TRUCK STKBD 12 FT 1-2 T STD GOSNK4WDDSL $981 $2,413 5742 659 $357TRUCK STKBD 14 FT 1-1/2-2 T STD 2WD DSL $1,113 $2,999 5750 659 $357TRUCK STKBD 16 FT 1-1/2-2 T STD 2WD DSL $1,113 $2,999 5770 659 $357TRUCK STKBD 16 FT 2-1/2-3 T STD 2WD DSL $1,113 $2,999 5780 659 $357TRUCK STKBD 20 FT 2-1/2-3 T STD 2WD DSL $1,113 $2,999 5787 659 $357TRUCK STKBD 22 FT 2-1/2-3 T STD 2WD GAS $1,113 $2,999 5790 659 $357TRUCK STKBD 22 FT 2-1/2-3 T STD 2WD DSL $1,113 $2,999 5800 659 $228VAN KUV UTLTY GAS 1 TON $758 $1,953 5870 659 $246TRUCK UTLTY 3/4 T STD 2WD GAS $823 $2,162 5875 659 $246TRUCK UTLTY 3/4 T SUP 2WD GAS $823 $2,162 5878 659 $307TRUCK UTLTY 3/4 T CREW 2WD GAS $891 $2,488 5880 659 $246TRUCK UTLTY 3/4 T STD 4WD GAS $823 $2,162 5882 659 $307TRUCK UTLTY 3/4 T CREW 4WD GAS $891 $2,488 5888 659 $246TRUCK UTLTY 1 T STD 2WD GAS $823 $2,162 5900 659 $307TRUCK UTLTY 1 T CREW 2WD GAS $891 $2,488 5910 659 $265TRUCK UTLTY 1 T STD 4WD GAS $865 $2,325 5915 659 $265TRUCK UTLTY 1 T SUP 4WD GAS $865 $2,325 5920 659 $307TRUCK UTLTY 1 T CREW 4WD GAS $891 $2,488 5925 659 $307TRUCK UTLTY 1 T STD 4WD DSL $891 $2,488 5928 659 $307TRUCK UTLTY 1 T SUP 4WD DSL $891 $2,488 5930 659 $335TRUCK UTLTY 1 T CREW 4WD DSL $943 $2,629 5932 659 $335TRUCK UTLTY 1-1/2-2 T STD-SUP 4WD DSL $943 $2,629 5940 659 $335TRUCK UTLTY 1-1/2-2 T STD-SUP 4WD GAS $943 $2,629 5945 659 $363TRUCK UTLTY 1-1/2-2 T CREW 4WD DSL $1,056 $2,878 5950 659 $335TRUCK CONTRACTOR 1-1/4-2 T STD 4WD GAS $943 $2,629 5965 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 642 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH TRUCKS AND TRAILERS - STAKE BODY TRUCKS 659 $335TRUCK CONTRACTOR 1-1/4-2 T STD 2WD GAS $943 $2,629 5969 659 $335TRUCK CONTRACTOR 1-1/4-2 T STD 2WD DSL $943 $2,629 5970 659 $363TRUCK CONTRACTOR 1-1/4-2 T CREW 4WD GAS $1,056 $2,878 5975 659 $363TRUCK CONTRACTOR 1-1/4-2 T CREW 4WD DSL $1,056 $2,878 5977 TRUCKS AND TRAILERS - STORAGE TRAILERS 610 $102TRAILER ENCLOSED 6X12 3000 LB $419 $858 2520 610 $112TRAILER ENCLOSED 6-7 X 12 7000 LB $437 $916 2530 610 $130TRAILER ENCLOSED 8X20 7000 LB $488 $1,097 2550 610 $149TRAILER REMEDIATION ENCLOSED 8X20 9995LB $512 $1,256 2570 610 $167TRAILER ENCLOSED 8X53 $535 $1,395 2590 610 $47TRAILER OPEN TOP BOX 5X8 3000 LB $182 $386 2600 610 $47TRAILER OPEN TOP BOX 5X10 3000 LB $182 $386 2610 610 $58TRAILER OPEN TOP BOX 5X12 3000 LB $219 $463 2615 610 $73TRAILER OPEN TOP BOX 5X12 10000 LB $290 $572 2640 610 $101CONTAINER 8FT X 8FT REFRIGERATED STORAGE $198 $644 2780 610 $47CONTAINER 10 FT STORAGE $140 $163 2790 610 $47CONTAINER 16 FT STORAGE $140 $163 2800 610 $47CONTAINER 20 FT STORAGE $140 $163 2810 610 $47CONTAINER 20 FT STORAGE DOUBLE DOOR $140 $163 2815 610 $60CONTAINER 24 FT STORAGE $186 $251 2820 610 $60CONTAINER 40 FT STORAGE $186 $251 2840 610 $60CONTAINER 40 FT STORAGE DOUBLE DOOR $186 $251 2845 610 $65CONTAINER 20 FT OFFICE $223 $456 2900 610 $70CONTAINER 40 FT OFFICE $235 $916 2910 610 $50TRAILER SHADE 10 FT $149 $456 3000 TRUCKS AND TRAILERS - SUVS 659 $107SUV COMPACT 5-6 PASSENGER GAS $423 $1,265 5580 659 $149SUV STANDARD 7-8 PASSENGER GAS $565 $1,416 5585 TRUCKS AND TRAILERS - TILT TRAILERS 610 $37TRAILER TILT 2-3000 LB $138 $334 1760 610 $112TRAILER TILT 6-7000 LB $302 $558 1766 610 $112TRAILER TILT 10000 LB $302 $558 1770 610 $112TRAILER TILT 12-13000 LB $302 $558 1775 610 $121TRAILER TILT 14-15000 LB $342 $644 1780 610 $130TRAILER TILT 15-16000 LB 4FT FIXED DECK $437 $823 1781 610 $130TRAILER TILT 16-17000 LB $437 $823 1785 TRUCKS AND TRAILERS - TOOL TRAILERS 610 $91TRAILER CABLE REEL SINGLE 8-9995 LB $347 $781 1500 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 643 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH TRUCKS AND TRAILERS - TOOL TRAILERS TRUCKS AND TRAILERS - TRAFFIC MONITORING 660 $47RADAR SPEED MONITORING TRAILER $128 $403 1100 TRUCKS AND TRAILERS - UTILITY TRAILERS 610 $47TRAILER UTILITY PAN 3000 LB $181 $386 1059 610 $53TRAILER UTILITY 3000 LB $190 $405 1060 610 $60TRAILER UTILITY 5-6000 LB $236 $501 1070 610 $47TRAILER STUMP GRINDER $181 $386 1350 610 $47TRAILER TRENCHER $181 $386 1370 610 $47TRAILER TILLER $181 $386 1390 610 $70TRAILER CART OFF ROAD 1000LB $249 $605 1401 TRUCKS AND TRAILERS - VACUUM & POTHOLER TRAILERS 610 $600TRAILER VACUUM EXC SYSTEM 500 GAL GAS $1,814 $5,371 2455 610 $609TRAILER VACUUM EXC SYSTEM 500 GAL DSL $1,855 $5,952 2460 610 $828TRAILER VACUUM EXC SYSTEM 800 GAL DSL $2,198 $6,775 2470 TRUCKS AND TRAILERS - WATER TRAILERS 610 $144TRAILER WATER 500 GALLON $493 $879 2420 610 $193TRAILER WATER 800 GALLON $686 $1,293 2430 659 $372TRUCK SERVICE 1-1/2-2 T STD 4WD GAS $977 $2,971 5370 659 $604TRUCK RACK 18 FT 2-1/2-3 T CREW DSL $1,624 $4,360 5810 TRUCKS AND TRAILERS - WATER TRUCKS 659 $493TRUCK WATER 2000 GALLON GAS $1,488 $2,930 6030 659 $493TRUCK WATER 2000 GALLON DSL $1,488 $2,930 6040 659 $628TRUCK WATER 4000 GALLON DSL $2,055 $4,464 6050 659 $1,488TRUCK WATER 4000 GALLON DSL 6X6 $3,655 $9,277 6052 659 $82TRUCK SPREADER TAILGATE DUMP $208 $698 8035 UTILITY VEHICLES AND CARTS - OFF-ROAD UTILITY PASSENGER VEHICLES 630 $5680 GALLON SPRAYER ELEC $158 $358 2020 AERIAL - BOOM LIFTS ARTICULATED 410 $405BOOM ARTICULATED 60FT JIB BLK DF HIGHCAP $938 $2,325 3182 AERIAL - BOOM LIFTS STRAIGHTMAST 410 $330BOOM STRAIGHT 45FT JIB HIGH CAP DSL $707 $1,754 4092 AERIAL - ROUGH TERRAIN SCISSOR LIFTS 405 $326SCISSOR LIFT 40FT RT 69IN DECK OUTR DSL $716 $1,637 1760 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 644 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH AIR COMPRESSORS - COOLERS 140 $193COMPRESSED AIR AFTERCOOLERFILTER 1600CFM $490 $1,103 2160 BULK & MISCELLANEOUS 100 $140RESCUE TRIPOD 7FT $276 $791 8260 100 $349FALL PROTECTION TOWER INDOOR PUSH/PULL $928 $2,511 8280 100 $200FALL PROTECTION ROLLING DECK EDGE SYSTEM $395 $1,149 8290 355 $121DRONE TIER 1 (RR) $479 $1,669 1010 355 $130DRONE TIER 2 (RR) $521 $1,851 1030 355 $214DRONE TIER 3 (RR) $856 $3,181 1050 355 $177DRONE TIER 4 (RR) $698 $2,692 1070 355 $642DRONE TIER 5 (RR) $2,513 $9,299 1090 355 $28PAYLOAD TIER 2 (RR) $84 $251 2030 355 $138PAYLOAD TIER 3 (RR) $551 $1,851 2050 355 $177PAYLOAD TIER 4 (RR) $707 $2,279 2070 355 $698PAYLOAD TIER 5 (RR) $2,744 $10,695 2090 355 $60DRONE BASE STATION TIER 1 (RR) $238 $952 2110 355 $78DRONE BASE STATION TIER 2 (RR) $312 $1,181 2130 553 $7CIRCUIT BREAKER, 480V/20A $20 $59 0002 553 $7CIRCUIT BREAKER, 480V/40A $20 $59 0004 553 $7CIRCUIT BREAKER, 480V/50A $20 $59 0005 553 $7CIRCUIT BREAKER 480V 80A $20 $59 0009 553 $7CIRCUIT BREAKER, 480V/100A $20 $59 0010 553 $7CIRCUIT BREAKER, 480V/225A $20 $59 0015 553 $28CIRCUIT BREAKER 600V / 400A $84 $251 0025 553 $28CIRCUIT BREAKER 600V / 600A $84 $251 0027 553 $7CIRCUIT BREAKER 600V / 200A $20 $59 0030 553 $7CIRCUIT BREAKER 600V / 100A $20 $59 0035 553 $7CIRCUIT BREAKER 600V / 60A $20 $59 0040 553 $7CIRCUIT BREAKER 600V / 30A $20 $59 0045 553 $7CIRCUIT BREAKER 600V / 250A $20 $59 0050 553 $7CIRCUIT BREAKER 600V / 150A $20 $59 0055 553 $7CIRCUIT BREAKER 600V / 125A $20 $59 0060 553 $26ADJ CIRCUIT BREAKER 600V 70-250A $73 $195 0061 554 $7POWER STRIP 6X20A OUTLET 6' $7 $16 0020 779 $7CHILLER LOOP HOSE 2X10 W/CAMLOCKS $18 $35 2201 779 $7CHILLER LOOP HOSE 2X25 W/CAMLOCKS $18 $35 2205 779 $11CHILLER LOOP HOSE 4"X10' W/CAMLOCKS $20 $60 2401 779 $16CHILLER LOOP HOSE 4"X25' W/CAMLOCKS $33 $90 2405 779 $26CHILLER LOOP HOSE 6"X25' W/CAMLOCKS $54 $147 2505 800 $16ACCESSORY TOOL BOX CROSSBACK PICKUP $41 $84 5005 800 $56ACCESSORY 100GAL DSL FUELTANK W/PUMP $97 $193 5010 800 $19ACCESSORY LUMBER/LADDER RACK F/PICKUP $56 $163 5011 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 645 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH BULK & MISCELLANEOUS 800 $140ACCESSORY BOOM/BASKET PROTECTIVE SYSTEM $140 $140 5310 800 $45MANLIFT FALL ARREST KIT 6FT $133 $377 5314 800 $5KIT SHORE 1.5FT 17-27 $14 $42 7196 800 $5KIT SHORE 1.5FT 22-36 $14 $42 7198 800 $6KIT SHORE 1.5FT 28-46 $19 $51 7200 800 $7KIT SHORE 1.5FT 34-55 $20 $60 7202 800 $9KIT SHORE 1.5FT 40-64 $23 $67 7204 800 $9KIT SHORE 1.5FT 52-88 $28 $76 7206 800 $9KIT SHORE 3.5FT 17-27 $28 $79 7216 800 $9KIT SHORE 3.5FT 22-36 $28 $84 7218 800 $9KIT SHORE 3.5FT 28-46 $33 $88 7220 800 $11KIT SHORE 3.5FT 34-55 $34 $98 7222 800 $14KIT SHORE 3.5FT 40-64 $37 $107 7224 800 $14KIT SHORE 3.5FT 52-88 $47 $126 7226 800 $9KIT SHORE 5FT 17-27 $28 $79 7236 800 $9KIT SHORE 5FT 22-36 $28 $84 7238 800 $10KIT SHORE 5FT 28-46 $33 $88 7240 800 $11KIT SHORE 5FT 34-55 $34 $98 7242 800 $14KIT SHORE 5FT 40-64 $37 $107 7244 800 $14KIT SHORE 5FT 52-88 $47 $126 7246 800 $9KIT SHORE 7FT 17-27 $28 $84 7256 800 $9KIT SHORE 7FT 22-36 $28 $84 7258 800 $10KIT SHORE 7FT 28-46 $33 $93 7260 800 $14KIT SHORE 7FT 40-64 $37 $107 7264 800 $15KIT SHORE 7FT 52-88 $47 $126 7266 800 $11KIT SHORE 9FT 17-27 $36 $102 7276 800 $14KIT SHORE 9FT 22-36 $37 $107 7278 800 $16KIT SHORE 9FT 52-88 $50 $145 7286 902 $7NARROW CHISEL F/DEMO ROTARY HAMMER $20 $65 1005 902 $7POINT F/TE-S DEMO HAMMER $20 $65 1100 902 $7NARROW CHISEL F/TE-S DEMO HAMMER $20 $65 1105 902 $8WIDE CHISEL F/TE-S DEMO HAMMER $26 $77 1110 902 $22FLEX BLADE HOLDER F/TE-S HAMMER $65 $194 1140 902 $7POINT F/SDSMAX ROTARY HAMMER $20 $65 1200 902 $7NARROW CHISEL F/SDSMAX ROTARY HAMMER $20 $65 1205 902 $7WIDE CHISEL F/SDSMAX ROTARY HMR $20 $65 1210 902 $7SDSMAX CARBIDE BIT 5/8 UP TO 23 OAL $20 $65 1340 902 $7SDSMAX CARBIDE BIT 3/4 UP TO 23 OAL $20 $65 1360 902 $7SDSMAX CARBIDE BIT 7/8 UP TO 23 OAL $20 $65 1390 902 $7SDSMAX CARBIDE BIT 1 UP TO 23 OAL $20 $65 1400 902 $7SDSMAX CARBIDE BIT 1-1/8 UP TO 23 OAL $20 $65 1420 902 $7SDSMAX CARBIDE BIT 1-1/4 UP TO 23 OAL $20 $65 1430 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 646 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH BULK & MISCELLANEOUS 902 $7SDSMAX CARBIDE BIT 1-1/2 UP TO 23 OAL $20 $65 1460 902 $7POINT F/SDS ROTARY HAMMER $20 $65 1700 902 $4SDS CARBIDE BIT 1/4 $11 $33 1780 902 $4SDS CARBIDE BIT 5/16 $11 $33 1790 902 $4SDS CARBIDE BIT 3/8 $11 $33 1800 902 $4SDS CARBIDE BIT 7/16 $11 $33 1810 902 $6SDS CARBIDE BIT 1/2 $17 $50 1820 902 $6SDS CARBIDE BIT 9/16 $17 $50 1830 902 $6SDS CARBIDE BIT 5/8 $17 $50 1840 902 $6SDS CARBIDE BIT 3/4 $17 $50 1860 902 $6SDS CARBIDE BIT 7/8 $17 $50 1890 902 $6SDS CARBIDE BIT 1 $17 $50 1900 902 $7POINT F/BREAKER 1 SHANK $20 $60 5100 902 $7NARROW CHISEL F/BREAKER 1 SHANK $20 $60 5105 902 $8WIDE CHISEL F/BREAKER 1 SHANK $25 $76 5110 902 $8ASPHALT CUTTER F/BREAKER 1 SHANK $25 $76 5115 902 $8CLAY SPADE F/BREAKER 1 SHANK $25 $76 5125 902 $8POINT F/BREAKER 1-1/8 SHANK $25 $76 5200 902 $8NARROW CHISEL F/BREAKER 1-1/8 SHANK $25 $76 5205 902 $8WIDE CHISEL F/BREAKER 1-1/8 SHANK $25 $76 5210 902 $11ASPHALT CUTTER F/BREAKER 1-1/8 SHANK $32 $93 5215 902 $11CLAY SPADE F/BREAKER 1-1/8 SHANK $32 $93 5225 902 $14BUSHING TOOL F/BREAKER 1-1/8 SHANK $41 $122 5230 902 $8POINT F/BREAKER 1-1/4 SHANK $25 $76 5300 902 $8NARROW CHISEL F/BREAKER 1-1/4 SHANK $25 $76 5305 902 $8WIDE CHISEL F/BREAKER 1-1/4 SHANK $25 $76 5310 902 $8CLAY SPADE F/BREAKER 1-1/4 SHANK $25 $76 5325 902 $7MOIL POINT F/RCRS CHIPPER $20 $61 5400 902 $7NARROW CHISEL F/RCRS CHIPPER $20 $61 5405 902 $14BUSHING TOOL F/RCRS CHIPPER $41 $122 5430 902 $7MOIL POINT F/OCRS CHIPPER $21 $61 5500 902 $7NARROW CHISEL F/OCRS CHIPPER $20 $61 5505 902 $7POINT F/JUMBO RIVET BUSTER $20 $61 5850 902 $7CHISEL F/JUMBO RIVET BUSTER $20 $61 5855 902 $18EACH CARBIDE BIT HOLDER EDCO LT $52 $153 6100 902 $18EACH CARBIDE BIT HOLDER EDCO RT $52 $153 6102 902 $18EACH DYMADOT DBL GRIND DOT PAD GRY 30GR $51 $153 6135 902 $18EACH DYMASEG GRIND SEG GRY 18GR $51 $153 6170 902 $18EACH DYMAPCD GRIND PAD W/BACK LH BLU $51 $153 6185 902 $18EACH DYMAPCD GRIND PAD W/BACK RT BLK $51 $153 6186 902 $122DIAMOND INSERTS F/FLOOR GRINDER $293 $733 6229 902 $76CARBIDE GRINDING HEAD 17 $229 $687 6243 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 647 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH BULK & MISCELLANEOUS 902 $4PRESSURE WASHER HOSE 3/8X50 $12 $33 6500 902 $20TELESCOPING WASHER WAND TO 12 FT $54 $156 6508 902 $5COLD WATER PRESSURE WASHER GUN / WAND $16 $47 6517 902 $1PRESSURE WASHER TIP $3 $9 6523 902 $32ROTARY SURFACE CLEANER 18-20 W/O WHLS $91 $269 6533 903 $22DIAMOND HI SPD BLADE CONCRETE 12-16 $64 $193 1000 903 $22DIAMOND HI SPD BLADE ASPHALT 12-16 $64 $193 1010 903 $49DIAMOND SAW BLADE CONCRETE 14-16 $145 $435 1050 903 $49DIAMOND SAW BLADE ASPHALT 14-16 $144 $427 1060 903 $86DIAMOND SAW BLADE CONCRETE 18-22 $259 $767 1070 903 $86DIAMOND ROAD SAW BLD ASPHALT 18-22 $259 $767 1080 903 $132DIAMOND SAW BLADE CONCRETE 24-28 $391 $1,156 1090 903 $132DIAMOND SAW BLADE ASPHALT 24-28 $395 $1,187 1100 903 $179DIAMOND SAW BLADE CONCRETE 30-36 $528 $1,555 1110 903 $179DIAMOND SAW BLADE ASPHALT 30-36 $528 $1,555 1120 903 $22DIAMOND CORE BIT 2 $65 $193 2070 903 $22DIAMOND CORE BIT 2-1/2 $65 $193 2080 903 $27DIAMOND CORE BIT 3 $79 $233 2085 903 $27DIAMOND CORE BIT 3-1/2 $79 $233 2090 903 $33DIAMOND CORE BIT 4 $94 $273 2095 903 $33DIAMOND CORE BIT 4-1/2 $94 $273 2100 903 $36DIAMOND CORE BIT 5 $106 $312 2110 903 $54DIAMOND CORE BIT 6 $158 $465 2125 903 $85DIAMOND CORE BIT 8 $249 $736 2150 903 $114DIAMOND CORE BIT 10 $339 $1,001 2170 903 $157DIAMOND CORE BIT 12 $467 $1,384 2180 904 $20SKIDSTEER AUGER EXTENSION 24 $61 $173 0010 904 $21SKIDSTEER AUGER EXTENSION 36 $77 $237 0020 904 $22SKIDSTEER AUGER EXTENSION 48 $80 $242 0030 904 $33SKIDSTEER AUGER BIT 6 $111 $272 1015 904 $33SKIDSTEER AUGER BIT 9 $113 $274 1025 904 $34SKIDSTEER AUGER BIT 12 $123 $276 1035 904 $35SKIDSTEER AUGER BIT 16 $126 $279 1050 904 $38SKIDSTEER AUGER BIT 18 $137 $286 1055 904 $44SKIDSTEER AUGER BIT 24 $140 $329 1065 904 $50SKIDSTEER AUGER BIT 30 $163 $374 1070 904 $62SKIDSTEER AUGER BIT 36 $196 $466 1075 911 $15JOHNSON BAR WHEELED PRY $39 $98 3325 911 $37PIPE MOUNTING CLAMP F/HACKSAW 4-12 PIPE $145 $562 4631 911 $17PUSH/PULL LAWN ROLLER 24 $37 $75 6600 911 $26MANUAL REBAR CUTTER / BENDER 5/8 CAP $79 $237 8188 911 $1CONCRETE STAKES-2 $2 $5 8220 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 648 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH BULK & MISCELLANEOUS 911 $1CONCRETE STAKES-3 $2 $5 8222 912 $11UNIV DIE HEAD F/535 & 300 1/8-2 RH NPT $32 $95 0200 912 $10ADJ PIPE STAND W/ V-HEAD $34 $108 1500 912 $52PIPE DOLLY GRASSHOPPER $133 $352 1510 912 $18TRISTAND PIPE VISE $53 $158 1520 912 $5CABLE ROLLER FOR RIGTIGHT SYSTEM $11 $27 3110 912 $3STRAIGHT CABLE ROLLER F/12-18 TRAY $8 $20 3200 912 $3STRAIGHT CABLE ROLLER F/20-24 TRAY $8 $20 3202 912 $13STRAIGHT CABLE ROLLER F/24-30 TRAY $27 $59 3204 912 $13STRAIGHT CABLE ROLLER F/30-36 TRAY $27 $59 3206 912 $3RADIUS CABLE ROLLER F/20-24 TRAY $8 $20 3212 912 $13RADIUS CABLE ROLLER F/24-30 TRAY $27 $59 3214 912 $27CONVEYOR PULLING SHEAVE W/8 ROLLERS 36 $84 $252 3232 912 $18CONVEYOR PULLING SHEAVE W/10 ROLLER 48 $57 $171 3234 912 $7TRAY SHEAVE 658 STYLE 12IN $22 $66 3246 912 $21TRIPLE SHEAVE CABLE GUIDE WITH HOOK $44 $132 3248 912 $4CABLE TRAY ROLLER 4 CABLE BOLT ON HB1A-6 $11 $33 3260 912 $66SKY WELDER, 280A $145 $351 4000 912 $15WELDING CABLE EXTENSION 1/0X50 $33 $73 4500 912 $32WELDING CABLE EXTENSION 1/0X100 $84 $163 4503 912 $12WELDING CABLE W/ GROUND CLAMP 1/0X50 $27 $61 4506 912 $21WELDING CABLE W/ GROUND CLAMP 1/0X100 $47 $110 4509 912 $14WELDING CABLE EXTENSION 2/0X50 $30 $66 4530 912 $20WELDING CABLE EXTENSION 2/0X100 $51 $111 4533 912 $14WELDING CABLE W/ GROUND CLAMP 2/0X50 $30 $63 4536 912 $10WELDING CABLE WHIP W/GRND CLAMP 2/0 $18 $34 4542 912 $14WELDING CABLE W/ ROD HOLDER 2/0X50 $30 $64 4545 912 $13WELDING CABLE WHIP W/ROD HLDR 2/0 $23 $45 4551 912 $20REMOTE OUTPUT CONTROL 14 PIN X 100 $41 $80 4604 912 $26WELDER INVERTER CST RACK F/8 PACK $66 $172 4658 912 $10MANUAL FLANGE SPREADER 150# 2-20 $24 $69 5254 913 $15CONTAINMENT BERM 4X4 $34 $98 1006 913 $39CONTAINMENT BERM 6X6 $98 $269 1012 913 $39CONTAINMENT BERM 6X8 $98 $269 1015 913 $39CONTAINMENT BERM 6X10 $98 $269 1016 913 $39CONTAINMENT BERM 6X14 $98 $269 1018 913 $39CONTAINMENT BERM 7X11 $98 $269 1021 913 $39CONTAINMENT BERM 7X14 $98 $269 1022 913 $44CONTAINMENT BERM 8X8 $108 $293 1024 913 $44CONTAINMENT BERM 8X10 $108 $293 1027 913 $44CONTAINMENT BERM 8X12 $108 $293 1030 913 $44CONTAINMENT BERM 8X14 $108 $293 1031 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 649 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH BULK & MISCELLANEOUS 913 $44CONTAINMENT BERM 8X16 $108 $293 1033 913 $44CONTAINMENT BERM 9X12 $108 $293 1036 913 $44CONTAINMENT BERM 9X18 $108 $293 1037 913 $63CONTAINMENT BERM 10X10 $161 $440 1039 913 $63CONTAINMENT BERM 10X14 $161 $440 1045 913 $63CONTAINMENT BERM 10X20 $161 $440 1048 913 $63CONTAINMENT BERM 12X12 $161 $440 1051 913 $63CONTAINMENT BERM 12X16 $161 $440 1054 913 $88CONTAINMENT BERM 12X20 $186 $493 1057 913 $88CONTAINMENT BERM 12X25 $186 $493 1060 913 $108CONTAINMENT BERM 12X36 $273 $733 1065 913 $108CONTAINMENT BERM 12X50 $273 $733 1068 913 $70DIESEL EXHST SCRUBBER 91HP AND ABOVE $178 $379 1508 913 $86TRUCK TOOLBOX FUEL TANK COMBO 70-100 GAL $95 $111 2208 913 $85FUEL TANK 500 GALLON $231 $676 2236 913 $13PROPANE TANK 5 GAL/20# $31 $65 2250 913 $15PROPANE TANK 7 GAL/30# $34 $63 2252 913 $13FORKLIFT PROPANE TANK 8 GAL/33# $38 $78 2254 913 $18PROPANE TANK 10 GAL/40# $43 $86 2256 913 $13PROPANE TANK 25 GAL/100# $43 $86 2260 913 $25WORKSTATION PORTABLE $110 $313 2512 913 $22TRUCK ACCESSORY/UTILITY RACK $47 $113 2550 913 $27PICK UP TRUCK TONNEAU COVER $53 $125 2560 913 $7POLY STORAGE BIN 48X45X34 COLLAPSIBLE $20 $60 2610 913 $6POLY STORAGE BIN 32X30X25 COLLAPSIBLE $15 $42 2618 913 $11POLY STORAGE BIN 48X45X42 COLLAPSIBLE $32 $93 2622 913 $3STEEL MESH STORAGE BIN 48X40X36 COLLAPSE $9 $28 2624 913 $1LID CONTAINER - 48X45 $3 $9 2626 913 $18HOSE & PIPE STORAGE RACK $40 $108 2630 913 $6POLY STORAGE PALLET $15 $42 2652 913 $19GPS EQUIPPED BASIC SERVICE $28 $85 2700 913 $45PUMP MONITOR KIT: MODEM/SOLAR PANL $89 $184 2720 913 $21SAFETY HARNESS & LANYARD KIT $43 $120 3052 913 $20ZIP WALL PACKAGE 4X12 POLES/2 ZIPPER $34 $69 3060 913 $40EYEWASH STATION $119 $348 3070 913 $3FIRE EXTINGUISHER W/VEH BRACKET 2-1/2# $9 $28 3202 913 $10SIGN SHOULDER WORK AHEAD 48X48 REF $33 $88 3332 913 $19TRAFFIC SIGN ROAD WORK AHEAD $54 $109 3415 913 $10SIGN ROAD WORK AHEAD 48X48 REF $33 $88 3416 913 $10SIGN END ROAD WORK 48X48 REF $33 $88 3425 913 $21TRAFFIC SIGN SIDEWALK CLOSED $64 $128 3478 913 $10SIGN BE PREPARED TO STOP 48X48 REF $30 $84 3497 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 650 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH BULK & MISCELLANEOUS 913 $8TRAFFIC SIGN STOP/SLOW PADDLE $15 $26 3502 913 $5TRAFFIC SIGN STAND $8 $18 3553 913 $2TRAFFIC SIGN OVERLAY LEFT $4 $5 3562 913 $7REFL TRAFFIC BARRICADE W/O FLASHER 24 $16 $33 3703 913 $11REFL TRAFFIC BARRICADE W/FLASHER 24 $19 $37 3704 913 $5REFL TRAFFIC DELINEATOR W/BASE 42 $11 $21 3712 913 $8FLASHING BARRICADE LIGHT $20 $37 3721 913 $4TRAFFIC CONE $8 $18 3747 913 $22WATER FILLED TRAFFIC BARRICADE ORANGE $45 $113 3760 913 $11WATER FILLED TRAFFIC BARRICADE WHITE $32 $91 3762 913 $22WATER/CABLE TRAFFIC TL1/TL2 BARRICADE OR $45 $115 3766 913 $24WATER/CABLE TRAFFIC TL1/TL2 BARRICADE WH $54 $156 3767 913 $10PEDESTRIAN BARRICADE ADA ORG 72X38 $24 $78 3770 913 $10PEDESTRIAN BARRICADE ADA WHT 72X38 $24 $78 3771 913 $6WATER BARRICADE FENCE PANEL 4X6 $20 $49 3780 913 $10WATER BARRICADE SINGLE GATE 6X6 COMPLETE $24 $69 3782 913 $4WIRE MESH FENCE PANEL 6X10 $11 $33 3814 913 $10CROWD CONTROL BARRICADE 48X8 $22 $66 3830 913 $10NOISE REDUCTION WALL PANEL 81X52IN $20 $54 3860 913 $13COMBINATION HITCH PINTLE & 2 BALL $36 $75 4004 913 $13COMBINATION HITCH PINTLE & 2-5/16 BALL $30 $75 4006 913 $10TIE DOWN BINDER CHAIN G7 3/8 10-16 $23 $56 4106 913 $7TIE DOWN BINDER CHAIN G7 3/8X20 $15 $26 4110 913 $8RATCHET LOAD BINDER F/3/8-1/2 CHAIN $19 $37 4122 913 $103ROAD PLATE 5X8 $206 $618 4502 913 $51ROAD PLATE 5X10 $133 $354 4504 913 $45ROAD PLATE 8X10 $127 $356 4508 913 $99ROAD PLATE 8X20 $246 $681 4516 913 $40LED AREA LIGHT W/TRIPOD $121 $365 5130 913 $40LED WORK LIGHT W/TRIPOD DUAL LAMP $79 $163 5134 913 $7LIGHT STRING LED 20FT SINGLE LAMP 120V $22 $65 5205 913 $12TEMPORARY LIGHT STRING 50 $30 $73 5210 913 $25TEMPORARY LIGHT STRING 100 $76 $162 5212 913 $59TEMPORARY WALL MOBILITY CART $59 $117 6005 913 $33TEMPORARY WALL RIGHT SIDE INTERFACE $33 $66 6010 913 $33TEMPORARY WALL LEFT SIDE INTERFACE $33 $66 6015 913 $25TEMPORARY WALL FLEXIBLE CORNER $25 $52 6020 913 $19TEMPORARY WALL FILLER PANEL KIT $19 $37 6025 913 $183HINGED DOOR MODULE 42 IN $183 $365 6035 913 $59TEMPORARY WALL MODULE 12 IN $59 $117 6050 913 $66TEMPORARY WALL MODULE 18 IN $66 $132 6055 913 $73TEMPORARY WALL MODULE 24 IN $73 $147 6060 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 651 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH BULK & MISCELLANEOUS 913 $77TEMPORARY WALL MODULE 32 IN $77 $154 6065 913 $88TEMPORARY WALL MODULE 42 IN $88 $176 6070 913 $102SINGLE ROOM PRESSURE MONITOR $102 $204 6075 913 $96NEGATIVE AIR MGMT PANEL 24 IN $96 $191 6080 920 $7INCREASER / REDUCER 3X2 $14 $33 1003 920 $9INCREASER / REDUCER 4X3 $23 $56 1009 920 $9INCREASER / REDUCER 6X3 $23 $56 1024 920 $9INCREASER / REDUCER 6X4 $23 $56 1027 920 $9INCREASER / REDUCER 8X6 $23 $56 1039 920 $23INCREASER / REDUCER 10X8 $56 $149 1054 920 $23INCREASER / REDUCER 12X6 $56 $149 1066 920 $23INCREASER / REDUCER 12X8 $56 $149 1069 920 $23INCREASER / REDUCER 12X10 $56 $149 1072 920 $23INCREASER / REDUCER 14X12 $56 $149 1095 920 $23INCREASER / REDUCER 16X12 $56 $149 1115 920 $23INCREASER / REDUCER 18X12 $56 $149 1130 920 $42INCREASER / REDUCER 20X18 $112 $279 1159 920 $42INCREASER / REDUCER 24X18 $112 $279 1183 920 $6PIPE 90 DEG ELL 4 IN BY VARIOUS OUTPUT $11 $25 2018 920 $10PIPE 90 DEG ELL 6 IN BY VARIOUS OUTPUT $18 $41 2024 920 $6PIPE 45 DEG ELL 8 IN BY VARIOUS OUTPUT $11 $25 2028 920 $12PIPE 90 DEG ELL 8 IN BY VARIOUS OUTPUT $33 $74 2030 920 $12PIPE 90 DEG ELL 10 IN BY VARIOUS OUTPUT $33 $74 2036 920 $12PIPE 45 DEG ELL 12 IN BY VARIOUS OUTPUT $33 $74 2040 920 $14PIPE 90 DEG ELL 12 IN BY VARIOUS OUTPUT $42 $112 2042 920 $12PIPE TEE 4 IN BY VARIOUS OUTPUT $33 $93 2109 920 $12PIPE TEE 6 IN BY VARIOUS OUTPUT $33 $93 2112 920 $12PIPE TEE 8 IN BY VARIOUS OUTPUT $33 $93 2115 920 $14PIPE TEE 12 IN BY VARIOUS OUTPUT $42 $121 2121 920 $14PIPE WYE 12 IN BY VARIOUS OUTPUT $42 $121 2168 920 $3PIPE ADAPTER 4 FLANGE X F NPT $9 $23 2324 920 $7PIPE ADAPTER 6 FLANGE X F CAM $19 $47 2332 920 $7PIPE ADAPTER 6 FLANGE X F NPT $19 $47 2334 920 $7PIPE ADAPTER 8 FLANGE X F BAUER $14 $28 2340 920 $7PIPE ADAPTER 8 FLANGE X M BAUER $14 $28 2341 920 $7PIPE ADAPTER 4 F CAM X F NPT TYPE D $14 $28 2772 920 $7SUCTION HOSE STRAINER 4 $20 $60 3309 920 $7SUCTION HOSE STRAINER 6 $20 $60 3312 920 $7SUCTION HOSE STRAINER 8 $20 $60 3315 920 $32WATER PIPE / HOSE MANIFOLD 4 $89 $265 3509 920 $42WATER PIPE / HOSE MANIFOLD 6 $124 $328 3512 920 $45WATER PIPE / HOSE MANIFOLD 8 $133 $415 3515 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 652 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH BULK & MISCELLANEOUS 920 $91WATER PIPE / HOSE MANIFOLD 12 $223 $622 3521 920 $1PIPE SUPPORT BLOCK $2 $4 3580 920 $18PUMP CONTROL PANEL AUTOMATIC $53 $159 3610 920 $14PUMP CONTROL PANEL MANUAL $37 $111 3620 920 $5WATER PUMP FLOAT SWITCH SINGLE $14 $40 3640 920 $37SUBMERSIBLE PUMP RAFT $109 $333 3650 920 $56MAGNETIC GPM FLOW METER INDICATOR/TOTAL $166 $498 3680 920 $10GATE VALVE 2 $31 $88 4205 920 $28GATE VALVE 4 $70 $140 4215 920 $28GATE VALVE 6 $70 $140 4220 920 $28GATE VALVE 8 $70 $140 4225 920 $37GATE VALVE 10 $93 $186 4230 920 $37GATE VALVE 12 $93 $186 4235 920 $74GATE VALVE 18 $209 $419 4250 920 $8CHECK VALVE 8 $25 $75 4340 920 $14FLANGED BLEEDER VALVE 6 $37 $116 4406 920 $1FT OF PVC WELLPOINT HEADER PIPE 6 $2 $5 5002 920 $2WELLPOINT RISER/HEADER SWINGS $7 $19 5054 920 $3WELLPOINT SELF JET POINT W/PVC SCREEN $8 $23 5060 920 $7KANAFLEX SUCTION HOSE CAM CPLNG 2X20 $21 $63 6003 920 $10KANAFLEX SUCTION HOSE CAM CPLNG 3X20 $27 $80 6006 920 $13KANAFLEX SUCTION HOSE CAM CPLNG 4X20 $38 $112 6009 920 $13KANAFLEX SUCTION HOSE CAM CPLNG 6X10 $38 $112 6011 920 $42KANAFLEX SUCTION HOSE CAM CPLNG 6X20 $105 $278 6012 920 $42KANAFLEX SUCTION HOSE CAM CPLNG 8X10 $105 $278 6014 920 $54KANAFLEX SUCTION HOSE CAM CPLNG 8X20 $166 $473 6015 920 $20KANAFLEX SUCTION HOSE BAUER CPLNG 4X20 $58 $171 6029 920 $42KANAFLEX SUCTION HOSE BAUER CPLNG 6X20 $104 $278 6032 920 $42KANAFLEX SUCTION HOSE BAUER CPLNG 8X20 $104 $278 6035 920 $42KANAFLEX SUCTION HOSE BAUER CPLNG 12X10 $104 $278 6040 920 $92KANAFLEX SUCTION HOSE BAUER CPLNG 12X20 $270 $808 6041 920 $15PVC SUCTION HOSE CAM CPLNG 2X20 $39 $77 6203 920 $15PVC SUCTION HOSE CAM CPLNG 3X20 $39 $77 6206 920 $19PVC SUCTION HOSE CAM CPLNG 4X20 $56 $115 6209 920 $19PVC SUCTION HOSE CAM CPLNG 6X20 $56 $115 6212 920 $13RUBBER SUCTION HOSE CAM CPLNG 1X20 $34 $67 6400 920 $13RUBBER SUCTION HOSE CAM CPLNG 2X20 $34 $67 6403 920 $13RUBBER SUCTION HOSE CAM CPLNG 3X20 $34 $67 6406 920 $28RUBBER SUCTION HOSE CAM CPLNG 4X20 $93 $256 6409 920 $28RUBBER SUCTION HOSE CAM CPLNG 6X10 $93 $256 6411 920 $28RUBBER SUCTION HOSE CAM CPLNG 6X20 $93 $256 6412 920 $47RUBBER SUCTION HOSE BAUER CPLNG 4X20 $97 $219 6429 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 653 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH BULK & MISCELLANEOUS 920 $47RUBBER SUCTION HOSE BAUER CPLNG 6X20 $97 $219 6432 920 $47RUBBER SUCTION HOSE BAUER CPLNG 8X10 $97 $219 6434 920 $55RUBBER SUCTION HOSE BAUER CPLNG 8X20 $133 $358 6435 920 $55RUBBER SUCTION HOSE BAUER CPLNG 10X10 $133 $358 6437 920 $55RUBBER SUCTION HOSE BAUER CPLNG 12X10 $133 $358 6440 920 $6RUBBER SUCTION HOSE VICT CPLNG 6X20 $18 $50 6482 920 $53RUBBER SUCTION HOSE FLNG CPLNG 8X20 $132 $348 6515 920 $79RUBBER SUCTION HOSE FLNG CPLNG 10X20 $202 $465 6518 920 $79RUBBER SUCTION HOSE FLNG CPLNG 12X20 $202 $465 6521 920 $8COMPOSITE DISCHARGE HOSE W/FLANGE 3X20 $32 $88 6616 920 $24COMPOSITE DISCHARGE HOSE W/FLANGE 4X10 $75 $229 6623 920 $54COMPOSITE DISCHARGE HOSE W/FLANGE 4X20 $162 $486 6626 920 $68COMPOSITE DISCHARGE HOSE W/FLANGE 6X20 $187 $512 6636 920 $68COMPOSITE DISCHARGE HOSE W/FLANGE 8X10 $187 $512 6643 920 $76COMPOSITE DISCHARGE HOSE W/FLANGE 8X20 $203 $596 6646 920 $40COMPOSITE DISCHARGE HOSE W/FLANGE 10X20 $119 $356 6657 920 $40COMPOSITE DISCHARGE HOSE W/FLANGE 12X10 $119 $356 6663 920 $105COMPOSITE DISCHARGE HOSE W/FLANGE 12X20 $214 $632 6666 920 $7CANVAS FIRE HOSE 1-1/2X50 $21 $62 6803 920 $11CANVAS FIRE HOSE 2-1/2X50 $33 $95 6818 920 $13CANVAS FIRE HOSE 3X50 $30 $56 6827 920 $19CHEMICAL HOSE W/SSTL CAMLOCK 1X20 $54 $161 7004 920 $23CHEMICAL HOSE W/SSTL CAMLOCK 2X20 $70 $209 7014 920 $23CHEMICAL HOSE W/SSTL CAMLOCK 3X20 $70 $209 7024 920 $23CHEMICAL HOSE W/SSTL CAMLOCK 4X20 $70 $209 7034 920 $23CHEMICAL HOSE W/SSTL CAMLOCK 6X20 $70 $209 7044 920 $23CHEMICAL HOSE W/SSTL FLANGE 2X20 $70 $209 7054 920 $23CHEMICAL HOSE W/SSTL FLANGE 3X20 $70 $209 7065 920 $23CHEMICAL HOSE W/SSTL FLANGE 4X20 $70 $209 7074 920 $47CHEMICAL HOSE W/SSTL FLANGE 6X20 $116 $326 7084 920 $11ORAFLEX DISCHARGE HOSE CAM CPLNG 2X50 $32 $94 7103 920 $11ORAFLEX DISCHARGE HOSE CAM CPLNG 3X50 $32 $94 7106 920 $16ORAFLEX DISCHARGE HOSE CAM CPLNG 4X50 $47 $140 7109 920 $38ORAFLEX DISCHARGE HOSE CAM CPLNG 6X50 $96 $252 7118 920 $86ORAFLEX DISCHARGE HOSE CAM CPLNG 8X50 $242 $658 7121 920 $44ORAFLEX DISCHARGE HOSE BAUER CPLNG 4X50 $66 $132 7129 920 $53ORAFLEX DISCHARGE HOSE BAUER CPLNG 6X50 $105 $176 7132 920 $75ORAFLEX DISCHARGE HOSE BAUER CPLNG 8X50 $186 $485 7135 920 $75ORAFLEX DISCHARGE HOSE FLNG CPLNG 10X50 $186 $485 7218 920 $7PVC DISCHARGE HOSE CAM CPLNG 2X50 $20 $61 7303 920 $11PVC DISCHARGE HOSE CAM CPLNG 3X50 $32 $94 7306 920 $16PVC DISCHARGE HOSE CAM CPLNG 4X50 $47 $140 7309 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 654 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH BULK & MISCELLANEOUS 920 $57PVC DISCHARGE HOSE CAM CPLNG 6X50 $143 $306 7312 920 $11RUBBER DISCHARGE HOSE CAM CPLNG 2X25 $20 $40 7402 920 $13RUBBER DISCHARGE HOSE CAM CPLNG 2X50 $33 $70 7403 920 $13RUBBER DISCHARGE HOSE CAM CPLNG 3X50 $33 $70 7406 920 $13RUBBER DISCHARGE HOSE CAM CPLNG 4X25 $33 $70 7408 920 $27RUBBER DISCHARGE HOSE CAM CPLNG 4X50 $64 $151 7409 920 $70RUBBER DISCHARGE HOSE CAM CPLNG 6X50 $147 $360 7412 920 $8RUBBER DISCHARGE HOSE PIN CPLNG 3X25 $21 $58 7455 920 $105RUBBER DISCHARGE HOSE FLNG CPLNG 8X50 $337 $959 7515 920 $106RUBBER DISCHARGE HOSE FLNG CPLNG 10X50 $346 $965 7518 920 $176RUBBER DISCHARGE HOSE FLNG CPLNG 12X50 $527 $1,582 7521 920 $38OIL SUCT/DISCH HOSE FLNG CPLNG 2X20 $113 $219 7705 920 $38OIL SUCT/DISCH HOSE FLNG CPLNG 3X20 $113 $219 7715 920 $38OIL SUCT/DISCH HOSE 4XSPECIAL LE $113 $219 7720 920 $38OIL SUCT/DISCH HOSE FLNG CPLNG 4X20 $113 $219 7725 920 $62OIL SUCT/DISCH HOSE FLNG CPLNG 6X20 $186 $391 7735 920 $62OIL SUCT/DISCH HOSE FLNG CPLNG 8X20 $186 $391 7745 920 $90OIL SUCT/DISCH HOSE FLNG CPLNG 10X20 $269 $586 7755 920 $90OIL SUCT/DISCH HOSE FLNG CPLNG 12X10 $269 $586 7762 920 $113OIL SUCT/DISCH HOSE FLNG CPLNG 12X20 $335 $1,004 7765 920 $113OIL SUCT/DISCH HOSE FLNG CPLNG 14X10 $335 $1,004 7772 920 $11STAINLESS STEEL HOSE MNPT CPLNG 3/4X50 $33 $99 7903 920 $16STAINLESS STEEL HOSE 1X20 $43 $86 7905 920 $25STAINLESS STEEL HOSE 1X50 $63 $157 7910 920 $36STAINLESS STEEL HOSE 2X20 $106 $358 7915 920 $36STAINLESS STEEL HOSE 2X20 W/300# FLNG $106 $358 7916 920 $36STAINLESS STEEL HOSE 3X20 $106 $358 7925 920 $22STAINLESS STEEL HOSE 4X10 $70 $207 7933 920 $36STAINLESS STEEL HOSE 4X20 $106 $358 7935 920 $36STAINLESS STEEL HOSE 6X10 $106 $358 7943 920 $72STAINLESS STEEL HOSE 6X20 $215 $442 7945 920 $90STAINLESS STEEL HOSE 8X20 $259 $535 7955 920 $94STAINLESS STEEL HOSE 12X20 $284 $824 7975 920 $19HYDRAULIC HOSE 1X50 $47 $116 8144 920 $19HYDRAULIC HOSE 1-1/4X50 $47 $116 8154 920 $19HYDRAULIC HOSE 1-1/2X50 $47 $116 8164 920 $47CARBON STEEL HOSE W/FLANGE 6X20 $93 $233 8225 920 $47CARBON STEEL HOSE W/FLANGE 8X20 $93 $233 8230 920 $5RUBBER WATER HOSE W/GH FTGS 3/4X50 $16 $47 8458 920 $4TEST PIPE PLUG 8IN $14 $34 9012 920 $79TEST PIPE PLUG 24IN $233 $703 9024 920 $28MULTI SIZE TEST BALL UP TO 12 $74 $186 9062 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 655 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH BULK & MISCELLANEOUS 920 $28MULTI SIZE TEST BALL UP TO 18 $74 $186 9066 920 $28MULTI SIZE TEST BALL UP TO 24 $74 $186 9068 920 $28MULTI SIZE TEST BALL UP TO 36 $74 $186 9072 920 $233MULTI SIZE TEST BALL UP TO 48 $769 $2,307 9074 920 $28TEST BALL LIFT LINE W/HOSE & GAUGES $74 $186 9162 920 $7BLOCK PLUG HOSE W/20FT ROPE & GAUGE $19 $47 9198 920 $7BLOCK PIPE PLUG 4IN $19 $47 9708 920 $7BLOCK PIPE PLUG 4IN LONG $19 $47 9709 920 $7BLOCK PIPE PLUG 6IN $19 $47 9711 920 $7BLOCK PIPE PLUG 8IN $19 $47 9713 920 $18BLOCK PIPE PLUG 6-12IN $35 $100 9763 921 $69PCS OF ALUM PIPE 8X40 VICTAULIC $198 $405 1088 921 $84PCS OF ALUM PIPE 12X40 VICTAULIC $259 $519 1128 921 $1VICTAULIC PIPE CLAMP 4 $3 $7 1203 921 $1VICTAULIC PIPE CLAMP 6 $3 $7 1206 921 $1VICTAULIC PIPE CLAMP 8 $3 $7 1208 921 $2VICTAULIC PIPE CLAMP 12 $4 $11 1212 921 $3PCS OF CERTALOK PVC PIPING 6X20 $7 $13 1518 921 $14PCS OF CERTALOK PVC PIPING 12X20 $19 $37 1568 921 $2FT OF FUSEABLE HDPE PIPE 4 $2 $6 1810 921 $2FT OF FUSEABLE HDPE PIPE 6 $2 $6 1812 921 $3FT OF FUSEABLE HDPE PIPE 8 $3 $7 1814 921 $3FT OF FUSEABLE HDPE PIPE 10 $3 $7 1816 921 $3FT OF FUSEABLE HDPE PIPE 12 $3 $7 1818 921 $3FT OF FUSEABLE HDPE PIPE 14 $3 $7 1820 921 $3FT OF FUSEABLE HDPE PIPE 16 $3 $7 1822 921 $3FT OF FUSEABLE HDPE PIPE 18 $3 $7 1824 921 $3FT OF FUSEABLE HDPE PIPE 20 $3 $7 1826 921 $3FT OF FUSEABLE HDPE PIPE 24 $3 $7 1828 921 $3FT OF FUSEABLE HDPE PIPE 30 $3 $7 1834 921 $15HDPE PIPE W/BAUER CPLNG 6X20 $30 $63 1854 921 $15HDPE PIPE W/BAUER CPLNG 8X20 $30 $63 1862 921 $20HDPE PIPE W/FLANGE CPLNGS 8X40 $39 $123 1924 921 $30HDPE PIPE W/FLANGE CPLNG 12X40 $61 $147 1942 921 $28BACK UP RING F/HDPE FLANGE ADAPTER 18 $83 $249 2037 921 $39BACK UP RING F/HDPE FLANGE ADAPTER 24 $116 $349 2045 921 $50BACK UP RING F/HDPE FLANGE ADAPTER 30 $150 $449 2049 921 $14HDPE FLOAT TEE PIPE W/STRAINER 4 $35 $97 2150 921 $15HDPE FLOAT TEE PIPE W/ STRAINER 6 $40 $124 2152 921 $23HDPE FLOAT TEE PIPE W/ STRAINER 12 $60 $179 2156 921 $23HDPE FLOAT TEE PIPE W/ STRAINER 20 $60 $179 2164 921 $30HDPE FLOAT PIPE W/8 STRNR 8 FLNG $85 $252 2180 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 656 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH BULK & MISCELLANEOUS 921 $30HDPE RDC FLOAT PIPE W/16 STRNR 14 FLNG $85 $252 2188 921 $30HDPE RDC FLOAT PIPE W/18 STRNR 12 FLNG $85 $252 2192 921 $55HDPE FITTING 12X90 DEG $108 $184 2228 921 $55HDPE FITTING 18X90 DEG $108 $184 2238 921 $50HDPE FITTING 24X45 DEG $168 $465 2248 921 $50HDPE FITTING 24X90 DEG $168 $465 2250 921 $50HDPE FITTING 30X45 DEG $168 $465 2260 921 $50HDPE FITTING 30X90 DEG $168 $465 2262 921 $23HDPE TEE 12 INPUT BY VARIOUS OUTPUT $47 $93 2270 921 $105HDPE REDUCER 30 DOWN TO ALL $316 $948 2299 921 $6VICTAULIC STYLE CLAMP F/6 HDPE PIPE $16 $47 2355 921 $51PCS GALV STL PIPE W/BAUER CPLNG 8X20 $51 $64 2530 921 $51PCS GALV STL PIPE W/BAUER CPLNG 12X10 $51 $64 2546 921 $16BAUER ELBOW 6X45 DEG $45 $132 2584 921 $16BAUER ELBOW 6X90 DEG $47 $136 2586 925 $5AIR HOSE ASSY 3/8X50 CRWFT CPLNG $17 $50 1714 925 $11AIR HOSE ASSY 3/8X50 QD CPLNG $27 $58 1715 925 $12AIR HOSE ASSY 3/4X50 CRWFT CPLNG $28 $61 1734 925 $12AIR HOSE ASSY 3/4X50 THOR CPLNG $28 $61 1735 925 $13AIR HOSE ASSY 2X25 $33 $88 1802 925 $13AIR HOSE ASSY 2X25 HI PRESSURE $33 $88 1808 925 $17AIR HOSE ASSY 2X50 $42 $112 1811 925 $17AIR HOSE ASSY 2X50 HI PRESSURE $42 $112 1814 925 $21AIR HOSE ASSY 3X25 $59 $164 1823 925 $21AIR HOSE ASSY 3X25 HI PRESSURE $59 $164 1829 925 $37AIR HOSE ASSY 3X50 $81 $198 1832 925 $37AIR HOSE ASSY 3X50 HI PRESSURE $81 $198 1835 925 $7WHIP HOSE W/INLINE OILER 1/2 $15 $40 2019 925 $6WHIPCHECK CABLE H/H 1/2 TO 1-1/4 $9 $19 2103 925 $6WHIPCHECK CABLE H/H 1-1/2 TO 3 $9 $19 2104 925 $37AIR MANIFOLD 15 GAL W/8 OUTLETS $114 $326 2173 925 $15FORCED AIR ELECTRIC HEATER 120V $42 $121 3006 925 $15POWER CABLE 6/4X50 480/3 PH $42 $121 3080 925 $32AIRMOVER AXIAL VENT BLOWER 12 IN ELEC $123 $277 3210 925 $22AIRMOVER LOW PROFILE FAN $88 $198 3250 925 $22AIRMOVER CARPET DRYER $88 $198 3260 925 $49AXIAL FAN 25" $145 $383 3263 925 $22HI VELOCITY AXIAL FAN 24-25" $66 $198 3265 925 $6CONDENSATE PUMP F/CP12 & CP18 $15 $42 5140 925 $6CONDENSATE PUMP F/D12 $15 $42 5141 930 $19TRASH CHUTE 30X4 $38 $78 0100 930 $32MULTI POSITION CART F/ROTARY HAMMER $93 $330 2016 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 657 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH BULK & MISCELLANEOUS 930 $33UTILITY CART/TRAILER NHS 4X6 $93 $174 2070 930 $32TILT DEBRIS CART 1/2 CU YD MANUAL $91 $264 2073 930 $35TILT DEBRIS CART 1 CU YD MANUAL $125 $328 2076 930 $27DRYWALL/PANEL CART $80 $230 2078 930 $13HAND DOLLY W/O STRAP 400-700# CAP $24 $52 2220 930 $19APPLIANCE DOLLY W/STRAP 500-700# CAP $41 $100 2222 930 $8EQUIPMENT / APPLIANCE DOLLY 4 WHEEL $24 $70 2228 930 $20FURNITURE/PIANO DOLLY 4 SWIVEL WHEEL $49 $108 2236 930 $24PALLET JACK $76 $210 2274 930 $7HYDRAULIC BOTTLE JACK 12T $21 $63 3006 930 $11HYDRAULIC BOTTLE JACK 22T $32 $95 3015 930 $26HYDRAULIC TOE JACK 10T $66 $198 3060 930 $11SCREW BOTTLE JACK 20 TON $32 $95 3076 930 $33BEAM CLAMP F/4-12 BEAM 3T CAP $86 $238 3404 930 $39BEAM CLAMP F/4-12 BEAM 5T CAP $116 $343 3406 930 $5ROAD PLATE LIFTING RING 1.25IN $10 $28 3599 930 $10ROAD PLATE SWIVEL LIFTING RING 1.25IN $23 $65 3600 930 $26ALUMINUM EXTENSION LADDER 32 $79 $237 4016 930 $35ALUMINUM EXTENSION LADDER 40 $105 $316 4020 930 $30WIDE STANCE ADJ LEG FBR EXT LADDER 24FT $83 $249 4068 930 $30WIDE STANCE ADJ LEG FBR EXT LADDER 28FT $83 $249 4072 930 $32FIBERGLASS EXTENSION LADDER 32 $93 $277 4074 930 $44FIBERGLASS EXTENSION LADDER 40 $132 $395 4082 930 $49WIDE STANCE ADJ LEG FBR EXT LADDER 40FT $147 $434 4084 930 $32FIBERGLASS STEP LADDER 12 $93 $277 4162 930 $44FIBERGLASS STEP LADDER 16 $132 $395 4166 930 $20FIBERGLASS STEP LADDER W/CAGE 4FT $59 $166 4244 930 $20FIBERGLASS STEP LADDER W/CAGE 6FT $59 $166 4246 930 $24FIBERGLASS STEP LADDER W/CAGE 8FT $73 $210 4248 930 $30FIBERGLASS STEP LADDER W/CAGE 10FT $83 $249 4250 930 $24ADJ FBR STEP CAGE LADDER W/WHL 5-9FT $78 $239 4252 930 $30ADJ FBR STEP CAGE LADDER W/WHL 8-14FT $88 $264 4254 930 $8SECTIONS OF TANK LADDER 5 $18 $49 4256 930 $22ALUMINUM LADDER PLANK 16 $66 $198 4310 930 $28ALUMINUM LADDER PLANK 20 $79 $228 4312 930 $32ALUMINUM LADDER PLANK 24 $93 $277 4314 930 $40SET OF PALLET FORKS 72 CL2 $96 $271 6010 930 $43SET OF PALLET FORKS 72 CL3 $106 $238 6030 930 $34SET OF PALLET FORKS 96 CL3 $98 $266 6036 930 $30FORK EXTENSION (SET OF 2) 72IN $75 $212 6073 930 $21FORK EXTENSION (SET OF 2) 96IN (BLUE) $64 $173 6076 930 $37SET OF PALLET FORKS F/BUCKETS $97 $235 6080 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 658 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH BULK & MISCELLANEOUS 930 $25CARPET POLE ATTACHMENT $80 $233 6095 930 $28TELEHANDLER BLOCK FORK 48 $60 $127 6140 930 $41SKIDSTEER FORK FRAME SET 36 CL2 $121 $298 6160 930 $44SKIDSTEER FRAME & FORK SET 42 $105 $311 6164 930 $41SKIDSTEER FRAME & FORK SET 48 CL2 $102 $245 6166 930 $18LIFT-N-TOW F/FORKLIFT VAR CAP 4-10K HOOK $71 $132 6250 930 $72SWIVEL LIFTING HOOK F/FORKLIFT VAR CAP $201 $510 6252 930 $105BOOM ARM F/HANDLER 8-15 4K MAX $219 $703 6260 930 $84TELESCOPING BOOM F/FORKLIFT 42-139 $216 $614 6265 930 $24AERIAL LIFT CRIBBING BLOCK 0-8 STEP $51 $153 6267 930 $36GLASS PANEL CRADLE KIT F/BOOM LIFT $81 $160 6272 930 $117PLATFORM RAIL PADDING F/AERIAL LIFT $117 $117 6281 930 $67SOLID TIRE F/SKIDSTEER $163 $402 6510 930 $39TURF/FLOAT TIRE F/GEHL & JLG TELEHANDER $163 $330 6520 930 $39TURF/FLOAT TIRE F/TELEHANDLER $163 $330 6524 930 $39TURF/FLOAT TIRE F/TRUCKS $163 $330 6530 930 $28FORK SLIP ON BUCKET SMOOTH 72IN 1-1/2YD $110 $315 7636 930 $44FORK SLIP ON BUCKET SMOOTH 96IN 1-3/4YD $111 $290 7642 930 $50SKIDSTEER/CRAWLER BUCKET SMOOTH 66-68IN $141 $352 7761 930 $50SKIDSTEER/CRAWLER BUCKET SMOOTH 72-74IN $141 $352 7763 930 $50SKIDSTEER/CRAWLER BUCKET TOOTH 66-68IN $141 $352 7778 930 $50SKIDSTEER/CRAWLER BUCKET TOOTH 72-74IN $141 $352 7781 930 $50EXCAVATOR THUMB ATTACHMENT HYDRAULIC $141 $352 7912 930 $18GROUND PROTECTION MAT 4X8 DUAL SIDE $35 $49 9110 930 $36GROUND PROTECTION MAT 10X7 DUAL SIDE $47 $101 9115 930 $40GROUND PROTECTION MAT HD 14X7 DUAL SIDE $49 $105 9117 930 $1GROUND PROTECTION MAT LOCK PLATE 2 WAY $2 $5 9122 930 $1GROUND PROTECTION MAT LOCK PLATE 4 WAY $2 $5 9124 930 $21GROUND PROTECTION MAT TOOL KIT $60 $172 9130 930 $5GROUND MAT RAMP F/10X7 36 UNDER FLANGE $8 $18 9140 930 $5GROUND MAT RAMP F/10X7 36 OVER FLANGE $8 $18 9141 930 $19SUCTION CUP 8 $40 $83 9522 931 $6SCAFFOLD STEP FRAME 1-5/8 5X3 $11 $27 5002 931 $8SCAFFOLD STEP FRAME 1-5/8 5X5 $14 $25 5004 931 $6SCAFFOLD LADDER FRAME 1-5/8 28X6 $11 $28 5028 931 $5SCAFFOLD WALK THRU FRAME 1-5/8 5X6.5 $7 $23 5035 931 $2SCAFFOLD CROSS BRACE W/HOLE 7X27 SPACE $5 $10 5050 931 $1SCAFFOLD CROSS BRACE W/HOLE 10X27 SPACE $4 $8 5054 931 $6SCAFFOLD CROSS BRACE W/NOTCH 10X27 SPACE $7 $11 5056 931 $3SCAFFOLD OUTRIGGER 30 $7 $11 5092 931 $2SCAFFOLD BASE PLATE $5 $14 5100 931 $4SCAFFOLD LEVELING JACK W/O BASE PLATE $6 $12 5103 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 659 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH BULK & MISCELLANEOUS 931 $7SCAFFOLD LEVELING JACK W/BASE PLATE $8 $16 5106 931 $1SCAFFOLD STACKING PIN W/COLLAR 9 $4 $11 5118 931 $3SCAFFOLD END SAFETY PANEL W/TOEBOARD 5 $7 $12 5142 931 $3SCAFFOLD SIDE SAFETY PANEL 7 $7 $16 5146 931 $3SCAFFOLD SIDE SAFETY PANEL 10 $7 $12 5148 931 $2SCAFFOLD SIDE TOEBOARD 7 $4 $11 5156 931 $2SCAFFOLD SIDE TOEBOARD 10 $6 $15 5160 931 $6SCAFFOLD CASTER 8 $8 $17 5176 931 $19SHORING POST ADJ 6-10 FT $38 $69 5190 931 $20SHORING POST ADJ 7-13 FT $40 $67 5193 931 $6SCAFFOLD WALKBOARD 7 $12 $31 5210 931 $11SCAFFOLD WALKBOARD 10 $20 $39 5215 931 $10UTILITY SCAFFOLD FRAME 65X29 $16 $31 5250 931 $7UTILITY SCAFFOLD ARM BRACE 6 $12 $23 5252 931 $2UTILITY SCAFFOLD CASTER 5 $3 $8 5254 931 $2UTILITY SCAFFOLD OUTRIGGER 18 $6 $17 5256 931 $1UTILITY SCAFFOLD GUARD RAIL SET $4 $11 5258 931 $7UTILITY SCAFFOLD DECK WOOD 6 $17 $30 5260 931 $16EA POLE F/ALUM PUMP JACK SYST 24 $44 $114 5408 931 $17EA PUMP JACK F/ALUM PUMP JACK SYST $64 $161 5410 931 $21NEST ALUM LADDER PLANK 20X16 $86 $214 5423 931 $26NEST ALUM LADDER PLANK 20X24 $96 $233 5426 931 $17UTILITY SCAFFOLD UNIT 6 HIGH 6X29 $48 $140 5863 932 $5SHORING RELEASE TOOL 48IN $11 $32 1010 932 $2SHORING SHEETING 4FT ALUMINUM $5 $9 2045 932 $5SHORING SHEETING 6FT ALUMINUM $10 $15 2050 932 $6SHORING SHEETING 8FT ALUMINUM $11 $19 2055 932 $5CYLINDER 2846 $13 $37 4010 932 $7CYLINDER 3455 $20 $56 4035 932 $7CYLINDER 4064 $20 $56 4040 932 $7CYLINDER 5288 $20 $56 4045 932 $5EXTENSION 24INALUMINUM $13 $37 4055 932 $11FINFORM 10FT $34 $97 4070 932 $14FINFORM 12FT $42 $119 4075 932 $10FINFORM 8FT $28 $79 4095 932 $5STEEL PLATE 4FTX4FTX1IN $15 $51 7060 932 $7STEEL PLATE 4FTX8FTX1IN $26 $98 7080 932 $7STEEL PLATE 5FTX8FTX1IN $27 $101 7170 932 $10STEEL PLATE 5FTX10FTX1IN $35 $125 7180 932 $11STEEL PLATE 6FTX8FTX1IN $37 $130 7240 932 $12STEEL PLATE 6FTX10FTX1IN $39 $135 7250 932 $13STEEL PLATE 8FTX10FTX1IN $42 $154 7320 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 660 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH BULK & MISCELLANEOUS 932 $14STEEL PLATE 8FTX12FTX1IN $51 $184 7330 932 $23STEEL PLATE 8FTX12FTX1.5IN $88 $330 7336 932 $28STEEL PLATE 8FTX16FTX1.5IN $106 $405 7356 932 $20STEEL PLATE 8FTX20FTX1IN $79 $299 7370 932 $20TIRE CLEANER 8X10FT SOLID RUMBLE PLATE $82 $232 7500 940 $4CABLE 10/4 50FT 30A $11 $32 0160 940 $11CABLE 8/5 50FT BARE $11 $31 0265 940 $32CABLE 2 50FT CAMLOCK 5 BANDED $72 $148 0516 940 $7FEMALE PIGTAIL 2 UNDER 10FT $20 $39 0570 940 $7FEMALE PIGTAIL 2 UNDER 10FT 5 BANDED $20 $39 0571 940 $7MALE PIGTAIL 2 UNDER 10FT $20 $39 0575 940 $7MALE PIGTAIL 2 UNDER 10FT 5 BANDED $20 $39 0576 940 $26CABLE 2/0 50FT CAMLOCK $67 $140 0715 940 $45CABLE 2/0 100FT CAMLOCK $104 $222 0720 940 $3FEMALE PIGTAIL 2/0 UNDER 10FT $7 $14 0770 940 $3MALE PIGTAIL 2/0 UNDER 10FT $7 $14 0775 940 $3CABLE 4/0 10FT CAMLOCK $7 $14 0805 940 $8CABLE 4/0 25FT CAMLOCK $10 $23 0810 940 $22CABLE 4/0 50FT CAMLOCK $63 $123 0815 940 $33CABLE 4/0 100FT CAMLOCK $65 $129 0820 940 $2FEMALE PIGTAIL 4/0 UNDER 10FT $7 $15 0870 940 $2MALE PIGTAIL 4/0 UNDER 10FT $7 $15 0880 940 $61DISTRO BOX 100A CAM SET IN/5X20A OUT $109 $251 2120 940 $61DISTRO BOX 100A CAM SET IN/12X20A OUT $109 $251 2123 940 $71DISTRO BOX 200A CAM SET IN/6X50A CS $176 $440 2256 940 $92DISTRO BOX 400A CAM SET IN/6X50A CS $351 $697 2305 940 $189DISTRO BOX 400A CAM SET IN/10X50A CS $547 $1,079 2312 940 $21SPIDER BOX CABLE 6/4 50FT 50A CS $60 $131 2514 940 $39SPIDER BOX CABLE 6/4 100FT 50A CS $116 $243 2516 940 $37SPIDER BOX 50A CS IN/6X20A STR/1X30A TL $102 $209 2520 940 $22QUAD BOX STRING 3 BOX 20A 50' W/L2120 $54 $179 2610 940 $22QUAD BOX STRING 3 BOX 30A 50' W/L2130 $54 $179 2626 940 $14QUAD BOX CABLE 12/5 50FT L2120 $36 $89 2640 940 $26QUAD BOX CABLE 12/5 100FT L2120 $50 $132 2642 940 $14QUAD BOX CABLE 10/5 50FT L2130 $35 $89 2652 940 $22QUAD BOX CABLE 10/5 100FT L2130 $53 $175 2654 940 $12EXTENSION CORD 12/3 50FT $21 $47 2714 940 $11EXTENSION CORD 12/3 100FT $24 $60 2716 940 $10EXTENSION CORD 10/3 50FT 15AMP NEMA 5-15 $23 $61 2724 940 $3ADAPTER CABLE 50A M TO F RV PLUG $9 $28 2906 940 $2ADAPTER CABLE M STRT TO F TWIST $7 $18 2910 940 $2ADAPTER CABLE F STRT TO M TWIST $7 $18 2912 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 661 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH BULK & MISCELLANEOUS 940 $5TURNAROUND ADAPTER F CAM $14 $41 2914 940 $5TURNAROUND ADAPTER M CAM $14 $41 2916 940 $4CABLE WYE ADAPTER MFF STRT $11 $33 2922 940 $4CABLE WYE ADAPTER MFF TWIST $11 $33 2924 940 $15CABLE RAMP $28 $63 2970 940 $13ADA COMPLIANT CABLE RAMPS $38 $112 2971 940 $17SOLAR BATTERY CHARGER/MAINTAINER $50 $150 4000 940 $45DRONE BATTERY 1 (RR) $177 $698 5000 940 $22DRONE BATTERY 2 (RR) $89 $349 5020 940 $12DRONE BATTERY 3 (RR) $45 $172 5040 940 $16DRONE ACCESSORY 1 (RR) $49 $197 5060 940 $11DRONE ACCESSORY 2 (RR) $27 $57 5080 950 $10SLING 8FT 4 LEG CHAIN $30 $84 2015 950 $10SLING 8FT 4LEG CABLE $30 $84 2017 CONCRETE AND MASONRY - ROTARY & HAMMER DRILLS 100 $130TILT DEBRIS CART 650LB TRACK GAS $460 $963 1805 CONTRACTOR AND INDUSTRIAL - WELDERS 550 $164WELDER ENGINE DRIVE 300 AMPS LP $340 $733 1765 550 $172WELDER TOWABLE 500 - 549 AMPS DSL $321 $804 1880 MATERIAL HANDLING - CARRY DECK CRANES 350 $949CRANE CARRY DECK DSL 36000LB 50FT $2,478 $6,236 2110 350 $1,214CRANE CARRY DECK DSL 50000LB 70FT $3,232 $8,496 2150 MATERIAL HANDLING - WAREHOUSE FORKLIFTS 450 $219WAREHOUSE FORKLIFT 6000LB PNEU LP $553 $1,238 2191 TRENCH SHORING 310 $23MANHOLE BOX 2FTX8FTX8FT $116 $339 1005 310 $56MANHOLE BOX 4FTX10FTX10FT $278 $837 1010 310 $47MANHOLE BOX 4FTX8FTX8FT $234 $684 1020 310 $131MANHOLE BOX 8FTX10FTX10FT $522 $1,548 1035 310 $72MANHOLE BOX 8FTX8FTX8FT $357 $1,016 1040 310 $40MANHOLE BOX PLYWOOD 4FTX8FTX6-8FT $199 $565 1045 310 $45MANHOLE BOX PLYWOOD 8FTX8FTX6-8FT $221 $628 1055 310 $74MANHOLE BOX 6FTX10FTX10FT $299 $847 1070 310 $424SHEETING GUIDE FRAME 24FT $848 $2,009 1124 310 $154SHEETING GUIDE FRAME ADAPTER $310 $735 1150 310 $113SHACKLE GROUND RELEASE 12 TON W/2 TAGLIN $226 $535 1175 310 $68SHIELD 4FTX10FTX4IN $272 $773 2000 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 662 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH TRENCH SHORING 310 $45SHIELD 4FTX12FTX4IN $221 $628 2005 310 $68SHIELD 4FTX16FTX4IN $340 $967 2010 310 $80SHIELD 4FTX20FTX4IN $398 $1,130 2015 310 $105SHIELD 4FTX24FTX6IN $525 $1,495 2020 310 $53SHIELD 6FTX12FTX4IN $265 $753 2025 310 $75SHIELD 6FTX16FTX4IN $376 $1,068 2030 310 $115SHIELD 6FTX24FTX6IN $575 $1,725 2045 310 $102SHIELD 8FTX8FTX4IN $353 $1,004 2046 310 $102SHIELD 8FTX10FTX4IN $353 $1,004 2048 310 $102SHIELD 8FTX12FTX4IN $353 $1,004 2050 310 $107SHIELD 8FTX16FTX4IN $437 $1,243 2055 310 $112SHIELD 8FTX20FTX4IN $530 $1,507 2060 310 $286SHIELD 8FTX20FTX6IN $639 $1,609 2061 310 $152SHIELD 8FTX24FTX6IN $760 $2,159 2070 310 $112SHIELD 10FTX10FTX4IN $486 $1,381 2073 310 $112SHIELD 10FTX12FTX4IN $486 $1,381 2075 310 $112SHIELD 10FTX12FTX6IN $486 $1,381 2080 310 $123SHIELD 10FTX16FTX4IN $614 $1,746 2085 310 $140SHIELD 10FTX16FTX6IN $702 $1,997 2086 310 $140SHIELD 10FTX20FTX4IN $702 $1,997 2090 310 $172SHIELD 10FTX20FTX6IN $861 $2,325 2091 310 $172SHIELD 10FTX24FTX6IN $861 $2,325 2095 310 $37END PANEL SHIELD 6FTX8FT $150 $423 2300 310 $185SHIELD 8FTX10FT ALUMINUM SOLID $369 $1,050 4010 310 $199SHIELD 8FTX12FT ALUMINUM SOLID $398 $1,204 4015 310 $159SHIELD 8FTX8FT ALUMINUM SOLID $318 $904 4020 310 $151SHIELD 6FTX12FT ALUMINUM CORRUGATED $300 $854 4035 310 $106SHIELD 6FTX8FT ALUMINUM CORRUGATED $212 $603 4045 310 $168SHIELD 8FTX10FT ALUMINUM CORRUGATED $336 $954 4055 310 $199SHIELD 8FTX12FT ALUMINUM CORRUGATED $398 $1,130 4060 310 $167SHIELD 8FTX8FT ALUMINUM CORRUGATED $334 $1,000 4070 310 $53SHIELD ARCH $265 $753 4105 310 $33TEST PIPE PLUG 8-16IN $65 $195 4195 310 $37TEST PIPE PLUG 12-18IN $71 $201 4200 310 $53TEST PIPE PLUG 12-24IN $100 $285 4205 310 $75TEST PIPE PLUG 15-30IN $143 $462 4210 310 $102TEST PIPE PLUG 20-36IN $204 $632 4225 310 $73PIPE VAC TEST PLUG 24-30IN $140 $397 4235 310 $144TEST PIPE PLUG 24-48IN $278 $791 4240 320 $4STEEL PLATE 4FTX8FTX1IN $20 $78 2065 320 $6STEEL PLATE 6FTX10FTX1IN $26 $104 2100 320 $8STEEL PLATE 8FTX12FTX1IN $44 $175 2155 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 663 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH TRENCH SHORING 320 $19STEEL PLATE 8FTX16FTX1.5IN $95 $379 2185 Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 664 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH Mileage allowances and fees will default to the standard policy at the supplying branch. ADDITIONAL INFORMATION / TERMS: Refueling service Herc branch posted charges will apply if refueling is required during or at the end of the rentalFUEL: Customer to be exempt from Emissions and Environmental Surcharge. Customer to be exempt from Vehicle Licensing Fee. Customer to be exempt from Transportation Services Surcharge. Training Material Handling and Aerial Work Platforms - $150 per student. ProControl training will be provided at no charge Loss of Use Loss of use will be charged when a piece of equipment is unavailable for rental due to customer damage. The charges will be the contract rental charges and the amount of time will be equal to the time between the damage occurring and the unit being available for rental to the same or different customer. Cleaning For appropriate and supportable cleaning charges, cleaning will be $50 per hour and parts (decals) at cost plus 20% if customer is unable to self-perform this task in the event the equipment encountered harsh environments Set Up Fee Equipment Set Up Fees - Solutions Herc Personnel - Posted Shop Labor Rate Herc Personnel Overtime - Posted Shop Labor Rate times 1.5 Damage Charges Labor - Posted Shop Labor rate Parts - Cost plus 20% Outside labor and repairs - Cost plus 20% for all 3rd party charges GPS - $40 per unit for telematics if requested by customer Rental Protection Plan Herc offers Rental Protection Plan services either when a customer does not possess insurance, or they want to avoid further protection against their deductible. Charges will apply unless a valid COI is on file with HERC. To avoid RPP charges Certificate of Insurance must be on file during the time of rental Herc Personnel Standard Hours - Posted Shop Labor Rate ADDITIONAL INFO: $125 per hour, per truck load, each way. Tolls and permits not included. Outside hauling and/or after hour deliveries when required and approved by renting agency to be negotiated at time of rental. Upon customer request and approval additional fees may apply if it is necessary for Herc to ship in equipment from outside the serving market. DELIVERY: 30 DayBILLING: Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 665 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH CUSTOMER NUMBERS CUSTOMER NAME CUSTOMER NUMBER Overtime Hours - Posted Shop Labor Rate times 1.5 Outside Personnel - Cost Plus 20% Taxes--any Government mandated charges will be applied as required Preventive Maintenance (PM) In accordance to recommended manufacturer guidelines on select generators and pumps Herc may charge PM at an hourly rate of $1-$4 depending on the size of equipment and usage. PM charges cover the standard maintenance included in all of our equipment at no charge but also includes load banking, pressure and flow tests, trailer testing and other services to ensure these specific units continue to operate on customer sites. Over Meter/Allotted Hours of Use Daily Rental Standard shift = 8 hours, additional hours 1/16th of the daily rate for daily rentals Weekly Rental Standard shift = 40 hours, additional hours 1/80th of the weekly rate for weekly rentals Monthly RentalStandard shift = 176 hours, additional hours 1/352nd of the monthly rate for monthly rentals Herc double shift 16 hours (double hours per day) charged at 1.5X the applicable rental rate Herc triple shift 24 hours (triple hours per day) charged at 2X the applicable rental rate providing unlimited usage Re-rent - Herc provides additional equipment procurement services when required by customer. Cost plus 20% for all 3rd party charges. Customer approval will be required for all re-rents that will be charged at cost plus 20%. VARIOUS VARIOUS Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 666 CAT-CLASS DESCRIPTION DAY WEEK Pricing Schedule #:18908FROM:04/01/2024EFFECTIVE DATES: THROUGH:03/31/2025 AFFECTED REGIONS / BRANCHES Florida MONTH Date: Title: Name: Signature:Signature: Name: Title: Date: [Print Name] [Sign Name] Herc Rentals Inc. [Sign Name] [Print Name] State of Florida (518-410-19-ACS) Vice President Jason Oosterbeek \s1\ \n1\ \t1\ \d1\ \s2\ \d2\ Tuesday, January 16, 2024PRINT DATE: STATE OF FLORIDA (518-410-19-ACS) Customer agrees to keep confidential the information contained herein and not to reproduce or disclose any such information, in whole or in part, to any individual or entity, without the prior written consent of Herc Rentals. Customer and Herc hereby agree to the equipment and pricing as detailed herein and Customer agrees to be responsible for all applicable fees and charges as published at HercRentals.com, including, without limitation, environmental and emissions, refueling, vehicle licensing fees, preventative maintenance and transportation charges. Any equipment that is ordered by or on behalf of Customer locally at a Herc branch or other such location, that is not on the list of equipment in this schedule, will be negotiated locally at time of rental, up to an amount not to exceed the then-current list price for a standard rental shift, plus any additional hours, as published at HercRentals.com. Herc may at its sole discretion modify or terminate any pricing herein with 30 days notice to customer. 667 City of Boynton Beach Agenda Item Request Form 7.C Consent Bids and Purchases over $100,000 10/15/2024 Meeting Date: 10/15/2024 Proposed Resolution No. R24-259- Award Bid #UTL24-041 for "Diesel/Propane Generator and Bypass Pump Maintenance and Repair Service" to Zabatt Engine Services, Inc. The expected annual expenditure amount for Public Works Department is $30,000 and for the Utilities Department is $130,000 for a total estimated expenditure of $190,000. Requested Action: Staff recommends approval of Proposed Resolution No. R24-259. Explanation of Request: Bid Term: October 16, 2024 through October 15, 2026 On September 12, 2024, Procurement Services opened and tabulated four (4) bids for Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services. All bids were reviewed by the Procurement Department, the Utilities Division Directors for Field Operations, Water Quality and Treatment, and the Project Manager for Public Works, Engineering. It was determined to recommend the award to Zabatt Engine Services, Inc. The City seeks to award to one qualified contractor to furnish, install, and provide labor and materials for the maintenance and repairs to its emergency diesel/propane power generators both portable and stationary, and bypass pumps located throughout the City of Boynton Beach. Maintenance will be performed quarterly and annually. Repairs will be performed on an "as needed" basis. The contract will automatically renew for up to three (3) additional one-year terms unless, at least sixty (60) days before the renewal date, either party gives the other party written notice of the intent to not renew for the additional term. How will this affect city programs or services? The purpose of this bid is to obtain a qualified contractor to provide repairs and services to generators and bypass pumps. This will ensure that the Utilities and Facilities Departments have reliable backup power systems as mandated by State regulations for the treatment plants, wastewater lift stations, and various other City of Boynton Beach facilities. 668 Fiscal Impact: Budgeted. Funds are budgeted and available. Attachments: R24-259 Agenda_Item_2228-2023_Resolution_for_ITB_UTL24-041_Award.docx Exhibit A to Resolution - UTL24-041 Zabatt Engine Services, Inc. - Vendor Executed Agreement.pdf BidAnalysis Compliance UTL24-041.pdf CostAnalysis UTL24-041.pdf ZabattPowerSystems-UTL24-041.pdf NixonPowerServices-UTL24-041.pdf TampaArmatureWorks-UTL24-041.pdf MegawattageLLC-UTL24-041.pdf UTL24-041 Gen-Bypass Pump Maint and Repair Svs - REV 9.10.24.pdf Addendum No. 1.pdf Addendum No. 2.pdf Addendum No. 3.pdf 669 RESOLUTION NO. R24-2591 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, AWARDING INVITATION TO BID NO. UTL24-041 4 FOR DIESEL/PROPANE GENERATOR AND BYPASS PUMP 5 MAINTENANCE AND REPAIR SERVICES TO ZABATT ENGINE SERVICES, 6 INC., D/B/A ZABATT POWER SYSTEMS; APPROVING AN AGREEMENT 7 WITH ZABATT ENGINE SERVICES, INC., D/B/A ZABATT POWER 8 SYSTEMS FOR AN ANNUAL AMOUNT NOT TO EXCEED AMOUNT OF 9 $160,000; AND FOR ALL OTHER PURPOSES. 10 11 WHEREAS, on September 12, 2024, the Procurement Division opened and tabulated four 12 (4) bids for Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services. All bids 13 were reviewed by the Procurement Division, the Utilities Division Directors for Field Operations, 14 Water Quality and Treatment, and the Project Manager for Public Works, Engineering. It was 15 determined to recommend the award to Zabatt Engine Services, Inc., d/b/a Zabatt Power Systems.16 WHEREAS, the City seeks a maximum of one qualified contractor to furnish, install, and 17 provide labor and materials for the maintenance and repairs to its emergency diesel/propane 18 power generators, both portable and stationary, and bypass pumps located throughout the City 19 of Boynton Beach. Maintenance will be performed quarterly and annually, and repairs will be 20 performed on an "as needed" basis; and21 WHEREAS, the contract will automatically renew for up to three (3) additional one-year 22 terms unless at least sixty (60) days prior to the renewal date, either party gives the other party 23 written notice of the intent to not renew for the additional term; and24 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 25 best interests of the city's citizens and residents to award Invitation to Bid No. UTL24-041 for 26 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services to Zabatt Engine 27 Services, Inc., d/b/a Zabatt Power Systems, and approve an Agreement with Zabatt Engine 28 Services, Inc., d/b/a Zabatt Power Systems for an annual amount not to exceed amount of 29 $160,000.30 31 32 33 670 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 34 BEACH, FLORIDA, THAT:35 SECTION 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 36 being true and correct and are hereby made a specific part of this Resolution upon adoption.37 SECTION 2.The City Commission of the City of Boynton Beach, Florida, hereby awards38 Invitation to Bid No. UTL24-041 for Diesel/Propane Generator and Bypass Pump Maintenance and 39 Repair Services to Zabatt Engine Services, Inc., d/b/a Zabatt Power Systems. 40 SECTION 3.The City Commission of the City of Boynton Beach, Florida, does hereby 41 approve an Agreement between Zabatt Engine Services, Inc., d/b/a Zabatt Power Systems, and 42 the City for Diesel/Propane Generator and Bypass Pump Maintenance and Repair for an annual 43 amount not to exceed amount of $160,000 (the “Agreement”), in form and substance similar to 44 that attached as “Exhibit A.“45 SECTION 4.The City Commission of the City of Boynton Beach, Florida, hereby 46 authorizes the Mayor to execute the Agreements. The Mayor is further authorized to execute any 47 ancillary documents required under the Agreement or necessary to accomplish the purposes of 48 the Agreement, and this Resolution, including any term extensions as provided in the Agreement,49 provided such documents do not modify the financial terms/material terms.50 SECTION 5.The fully executed Agreement shall be retained by the City Clerk as a public 51 record of the City. A copy of the fully executed Agreement shall be provided to Tremaine Johnson52 and Taralyn Pratt to forward to the Vendor.53 SECTION 6.This Resolution shall take effect in accordance with law.54 55 [signatures on the following page]56 57 671 PASSED AND ADOPTED this ______________ day of ______________________________ 2024.58 CITY OF BOYNTON BEACH, FLORIDA59 YES NO60 Mayor – Ty Penserga __________61 62 Vice Mayor – Aimee Kelley __________63 64 Commissioner – Angela Cruz __________65 66 Commissioner – Woodrow L. Hay __________67 68 Commissioner – Thomas Turkin __________69 70 VOTE ______71 ATTEST:72 73 ___________________________________________________________74 Maylee De Jesús, MPA, MMC Ty Penserga75 City Clerk Mayor76 77 APPROVED AS TO FORM:78 (Corporate Seal)79 80 _______________________________81 Shawna G. Lamb82 City Attorney83 672 UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services A-1 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND ZABATT POWER SYSTEMS THIS AGREEMENT (“Agreement”), is entered into between the City of Boynton Beach, a municipal corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Ave., Boynton Beach, FL 33435, hereinafter referred to as “CITY”, and Zabatt Engine Services, Inc. d/b/a Zabatt Power Systems a corporation authorized to do business in the State of Florida, with a business address of 4612 Highway Avenue, Jacksonville, FL 32254, hereinafter referred to as the “VENDOR,” each a “Party” and collectively the “Parties.” In consideration of the mutual benefits, terms, and conditions hereinafter specified, the Parties agree as set forth below. 1. PROJECT DESIGNATION. The VENDOR is retained by the CITY to provide the services, work, and all labor, parts, and materials related as described in Bid No. UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Service. 2. SCOPE OF SERVICES. VENDOR agrees to perform the services required for the Diesel/Propane Generator and Bypass Pump Maintenance and Repair Service on an as-needed basis by way of individual Purchase Orders or Task Orders. If work is ordered by Task Order, the Parties shall complete a Task Order in substantially the form attached hereto as Exhibit A, which shall describe the specific scope of work, identify the location, compensation, any applicable special terms or conditions, and the project schedule and shall be signed by the CITY and VENDOR. Time shall be of the essence for each Task Order. The terms and conditions of Bid No. UTL24-041 and VENDOR’s bid are expressly incorporated into this Agreement by reference. Any conflict or discrepancy between the terms of this Agreement, Bid No. UTL24-041, and VENDOR’s bid, shall be resolved pursuant to the following order of precedence (1) this Agreement, (2) Bid No. UTL24-041; and 3. VENDOR’s bid. 3. TIME FOR PERFORMANCE. Work under this Agreement shall commence upon the giving of written notice by the CITY to the VENDOR to proceed and issuance of a Task Order or Purchase Order. VENDOR shall perform all services and provide all work product required pursuant to this Agreement. 4. TERM . The initial Agreement period shall be for an initial term of two (2) years, commencing on October 16, 2024, and shall remain in effect through October 15, 2026, unless otherwise terminated in accordance with this Agreement (“Initial Term”). Upon the expiration of the Initial Term or any renewal term, this Agreement shall automatically renew for up to three (3) additional one-year terms (each a “Renewal Term”) unless at least sixty (60) days prior to the renewal date, either party gives the other party written notice of the intent to not renew for the additional term. Both the Initial Term and all Renewal Term(s) shall be collectively referred to as the “Term”. The City reserves the right to extend automatically for a period not to exceed an additional one hundred eighty (180) calendar days by filling a written notice signed by the vendor to the City’s Purchasing Department in order to provide the City with continuing service. At no time shall this extended transitional period extend more than one hundred eighty (180) calendar days beyond the expiration date of the existing Contract/Agreement. The Vendor will be reimbursed for the services at the rate in effect when this transitional period clause was invoked. Any requested price increase will be subject to the City’s approval at one (1) year renewals. No price changes shall be authorized during the Initial Term. Any requested price adjustment shall be fully documented and submitted to the City for consideration at least 60 calendar days prior to the respective term anniversary date. Price adjustment/increase for any one-year term will be subject to City’s Commission approval. The price increase percentage change shall not exceed the previous 1-year’s percentage change of the Consumer Price Index for All Urban Consumers (CPI-U) published by the U.S. Department of Labor’s Bureau of Labor Statistics, or a maximum of five percent (5%). Any 673 UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services A-2 approved price adjustments shall become effective on the beginning date of the approved bid extension. 5. MAXIMUM AMOUNTS AND PAYMENT . The VENDOR shall be paid by the CITY for completed work and for services rendered in accordance with the Schedule of Prices attached to this Agreement as Exhibit B, in accordance with the following: 5.1 Maximum Amounts. For all work performed under this Agreement, CITY will pay VENDOR a maximum amount not to exceed $160,000 per year based on the rates in VENDOR’s bid. The annual not to exceed amount for each user department is set forth below. Additional departments may be added from time to time by written amendment to this Agreement. City Department Annual Not To Exceed Amount Utilities Department $ 130,000 Public Works - Facilities $ 30,000 5.2 Payment. A. Payment for the work provided by VENDOR shall be made promptly on all invoices submitted to the CITY properly, provided that the total amount of payment to VENDOR shall not exceed the total contract price without express written modification of the Agreement signed by the City Manager or designee as approved by the City Commission as required. B. The VENDOR may submit invoices to the CITY once per month during the progress of the work for partial payment. Such invoices will be checked by the CITY, and upon approval thereof, payment will be made to the VENDOR in the amount approved. C. Final payment of any balance due to the VENDOR of the total contract price earned will be made promptly upon CITY’s ascertainment, verification, and acceptance that the Work is completed in accordance with this Agreement. D. Payment as provided in this section by the CITY shall be full compensation for Work performed, including services rendered and all materials, supplies, equipment, and incidentals necessary to complete the Work. E. The VENDOR’s records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the CITY and State for a period of five (5) years after the termination of the Agreement. Copies shall be made available upon request. F. All payments shall be governed by the Local Government Prompt Payment Act, as set forth in Part VII, Chapter 218, Florida Statutes. 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications, and other materials produced by the VENDOR in connection with the services rendered under this Agreement shall be the property of the CITY whether the project for which they are made is executed or not. The VENDOR shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference, and use in connection with VENDOR’s endeavors. 7. COMPLIANCE WITH LAWS. VENDOR shall, in performing the Work contemplated by this Agreement, faithfully observe and comply with all federal, State of Florida, and City of Boynton Beach ordinances and regulations that are applicable to the Work rendered under this Agreement. 8. INDEMNIFICATION. A. The VENDOR shall indemnify and hold harmless the CITY, its officers, employees, agents and instrumentalities from any and all liability, losses, or damages, including attorneys' fees and costs of defense through the conclusion of any appeals, which the CITY or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to and resulting from the performance of this Agreement by the VENDOR, its employees, agents, partners, principals or subcontractors. The 674 UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services A-3 VENDOR shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits, or actions of any kind or nature in the name of the CITY, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys’ fees which may issue thereon. Neither party to this Agreement shall be liable to any third party claiming directly or through the other respective party, for any special, incidental, indirect, or consequential damages of any kind, including but not limited to lost profits or use that may result from this Agreement or out of the services or goods furnished hereunder. B. The parties understand and agree that the covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to the party's responsibility to indemnify. C. Nothing contained herein is intended nor shall be construed to waive CITY’s rights and immunities under the common law or §768.28, Fla. Stat., as may be amended from time to time. 9. INSURANCE. A. During the performance of the Work under this Agreement, VENDOR shall maintain the following insurance policies, and provide originals or certified copies of all policies to CITY’s Risk Management. All policies shall be written by an insurance company authorized to do business in Florida. VENDOR shall be required to obtain all applicable insurance coverage, as indicated below, prior to commencing any Work pursuant to this Agreement: i. Worker’s Compensation Insurance: The VENDOR shall procure and maintain, for the life of this Agreement, Worker’s Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer’s Liability with limits meeting all applicable state and federal laws. This coverage must extend to any subcontractor that does not have their own Worker’s Compensation and Employer’s Liability Insurance. The policy must contain a waiver of subrogation in favor of the City of Boynton Beach, executed by the insurance company. ii. Comprehensive General Liability: The VENDOR shall procure and maintain for the life of this Agreement, Comprehensive General Liability Insurance. This coverage shall be on an “Occurrence” basis. Coverage shall include Premises and Operations; Independent consultants, Products-Completed Operations and Contractual Liability with specific reference to Article 12, “Indemnification” of this Agreement. This policy shall provide coverage for death, personal injury, or property damage that could arise directly or indirectly from the performance of this Agreement. VENDOR shall maintain a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury/ and $1,000.000 per occurrence/aggregate for property damage. The general liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty (30) days prior written notice to the CITY. iii. Business Automobile Liability: The VENDOR shall procure and maintain, for the life of this Agreement, Business Automobile Liability Insurance. The VENDOR shall maintain a minimum amount of $1,000,000 combined single limit for bodily injury and property damage liability to protect the VENDOR from claims for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non-owned automobile, included rented automobiles, whether such operations be by the VENDOR or by anyone directly or indirectly employed by the VENDOR. iv. Umbrella/Excess Liability Insurance: in the amount of $1,000,000.00 as determined appropriate by the CITY, depending on the type of job and exposures contemplated. Coverage must follow the Risk Management Insurance Advisory Form of the General Liability, Auto Liability, and Employer’s Liability. This coverage shall be maintained for a period of no less than the later of three (3) years after the delivery of goods/services or final payment pursuant to the Agreement. 675 UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services A-4 B. VENDOR shall provide the CITY with all Certificates of Insurance required under this section prior to beginning performance under this Agreement. Failure to maintain the required insurance will be considered a default of the Agreement. C. The CITY shall be named as an additional insured. The coverage shall contain no limitations on the scope of protection afforded the CITY, its officers, officials, employees, or volunteers. A current valid insurance policy meeting the requirements herein identified shall be maintained during the duration of this Agreement, and shall be endorsed to state that coverage shall not be suspended, voided or cancelled by either party, reduced in coverage in limits except after thirty (30) calendar days prior written notice by either certified mail, return receipt requested, has been given to the CITY. D. The CITY reserves the right to reasonably require any additional insurance coverage or increased limits as determined necessary by the Risk Management. The CITY reserves the right to review, modify, reject, or accept any required policies of insurance, including limits, coverage, or endorsements throughout the Term of the Agreement. 10. INDEPENDENT CONTRACTOR. The VENDOR and the CITY agree that the VENDOR is an independent contractor with respect to the Work provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither VENDOR nor any employee of VENDOR shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this Agreement. The CITY shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to VENDOR, or any employee of VENDOR. 11. COVENANT AGAINST CONTINGENT FEES. The VENDOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the VENDOR, to solicit or secure this Agreement, and that VENDOR has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the VENDOR any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 12. DISCRIMINATION PROHIBITED. The VENDOR, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, gender, disability, marital status, political affiliation, pregnancy, gender identity and expression, sex or the presence of any physical or sensory handicap in the selection and retention of employees, procurement of materials or supplies, or in the performance of any Work pursuant to this Agreement. 13. ASSIGNMENT. The VENDOR shall not sublet or assign any of the Work covered by this Agreement without the express written consent of the CITY. 14. NON-WAIVER. Waiver by the CITY of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. TERMINATION. A. Termination for Convenience. This Agreement may be terminated by the CITY for convenience upon fourteen (14) business days of written notice by the CITY to the VENDOR, in which event the VENDOR shall be paid its compensation for services performed through the termination date, including services reasonably related to termination. In the event that the VENDOR abandons this Agreement or causes it to be terminated, the VENDOR shall indemnify the CITY against loss pertaining to this termination. B. Termination for Cause. This Agreement may be terminated for cause by the aggrieved party if the party in breach has not corrected the breach within thirty (30) calendar days after receipt 676 UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services A-5 of written notice from the aggrieved party identifying the breach. This Agreement may be terminated for cause by CITY for reasons including, but not limited to, VENDOR’s failure to suitably or continuously perform the services in a manner calculated to meet or accomplish the objectives in this Agreement, or repeated submission (whether negligent or intentional) for payment of false or incorrect bills or invoices. C. In the event of the death of a member, partner, or officer of the VENDOR, or any of its supervisory personnel assigned to the project, the surviving members of the VENDOR hereby agree to complete the work under the terms of this Agreement, if requested to do so by the CITY. This section shall not be a bar to renegotiations of this Agreement between surviving members of the VENDOR and the CITY, if the CITY so chooses. D. Notice of termination shall be provided in accordance with the “Notices” section of this Agreement. E. In addition to any termination rights stated in this Agreement, CITY shall be entitled to seek any and all available contractual or other remedies available at law or in equity, including recovery of costs incurred by CITY due to VENDOR’s failure to comply with any term(s) of this Agreement. 16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction exclusively in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 17. NOTICE. All notices required in this Contract shall be sent by certified mail, return receipt requested, and if sent to CITY shall be mailed to: Daniel Dugger, City Manager City of Boynton Beach 100 East Ocean Ave., Boynton Beach, FL 33435 Telephone No. (561) 742-6000 Notices to VENDOR shall be sent to the following address: ATTN: Michael Sabatier Address: 4612 Highway Avenue Jacksonville, FL 32254 Phone: (904) 384-4505 Email: Michael.sabatier@zabatt.com 18. PUBLIC RECORDS. The Vendor shall comply with Florida’s Public Records Law. Specifically, the VENDOR shall: A. Keep and maintain public records required by the CITY to perform the Work ; B. Upon request from the CITY’s custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, VENDOR shall destroy all copies of such confidential and exempt records remaining in its possession once the VENDOR transfers the records in its possession to the CITY; and 677 UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services A-6 D. Upon completion of the contract, VENDOR shall transfer to the CITY, at no cost to the CITY, all public records in VENDOR’s possession All records stored electronically by VENDOR must be provided to the CITY, upon request from the CITY’s custodian of public records, in a format that is compatible with the information technology systems of the CITY. IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE VENDOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK’S OFFICE 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6060 CityClerk@bbfl.us 19. UNCONTROLLABLE FORCES. A. Neither the CITY nor VENDOR shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non-performing party could not avoid. The term “Uncontrollable Forces” shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the non- performing party. It includes but is not limited to, fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. B. Neither party shall, however, be excused from performance if non-performance is due to forces that are preventable, removable, or remediable and which the non-performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. 20. SCRUTINIZED COMPANIES. By execution of this Agreement, VENDOR certifies that VENDOR is not participating in a boycott of Israel. VENDOR further certifies that VENDOR is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has VENDOR been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the CITY will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The CITY shall provide notice, in writing, to VENDOR of the CITY's determination concerning the false certification. VENDOR shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, VENDOR shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If VENDOR does not demonstrate that the CITY's determination of false certification was made in error, then the CITY shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 21. E-VERIFY. VENDOR is used interchangeably with CONTRACTOR throughout this Section. VENDOR certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statutes, as may be amended from time to time and briefly described herein below. A. Definitions for this Section: 678 UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services A-7 i. “Contractor” means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration. “Contractor” includes, but is not limited to, a vendor or consultant. ii. “Subcontractor” means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. iii. “E-Verify system” means an Internet-based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. B. Registration Requirement; Termination. Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors shall register with and use the E-Verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security’s E-Verify System to verify the employment eligibility of: i. All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; ii. All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by Contractor to perform work pursuant to the contract with the CITY of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security’s E-Verify System during the term of the contract is a condition of the contract with the CITY of Boynton Beach; and iii. The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to, registration and utilization of the E-Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than twenty (20) calendar days after the date of termination. Termination of this Contract under this Section is not a breach of contract and may not be considered as such. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of one (1) year after the date of termination. 23. MISCELLANEOUS. A. No assignment by a party hereto of any rights under or interests in this Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. B. CITY and VENDOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, their partners, successors, assigns, and legal representatives in respect of all covenants, agreements, and obligations contained in this Agreement. C. In the event that either party brings suit for enforcement of this Agreement, each party shall bear its own attorney's fees and court costs, except as otherwise provided under the indemnification provisions set forth herein above. D. Prior to final payment of the amount due under the terms of this Agreement, to the extent permitted by law, a final waiver of lien shall be required to be submitted by the VENDOR, as well as all 679 UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services A-8 suppliers and subcontractors whom worked on the project that is the subject of this Agreement. Payment of the invoice and acceptance of such payment by VENDOR shall release CITY from all claims of liability by VENDOR in connection with this Agreement. E. At all times during the performance of this Agreement, VENDOR shall protect CITY's property from all damage whatsoever on account of the work being carried on under this Agreement. F. It shall be the VENDOR’s responsibility to be aware of and comply with all statutes, ordinances, rules, orders, regulations, and requirements of all local, city, state, and federal agencies as applicable. G. This Agreement represents the entire and integrated agreement between CITY and VENDOR and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement is intended by the parties hereto to be the final expression of this Agreement, and it constitutes the full and entire understanding between the parties with respect to the subject hereof, notwithstanding any representations, statements, or agreements to the contrary heretofore made. In the event of a conflict between this Agreement, the solicitation, and the VENDOR’s bid proposal, this Agreement shall govern then the solicitation, and then the bid proposal. This Agreement may be amended only by written instrument signed by both CITY and VENDOR. H. This Agreement will take effect on the Effective Date. This Agreement may be executed by hand or electronically in multiple originals or counterparts, each of which shall be deemed to be an original and together shall constitute one and the same agreement. Execution and delivery of this Agreement by the Parties shall be legally binding, valid, and effective upon delivery of the executed documents to the other party through facsimile transmission, email, or other electronic delivery. I. Non-Exclusive; No Guaranty. This Agreement is non-exclusive and the CITY reserves the right to award other contracts for work falling within the scope of this Agreement. No Purchase Order(s), Task Order(s), or minimum amount of work or compensation is guaranteed under this Agreement. 24. DEFAULT OF CONTRACT & REMEDIES. A. Correction of Work. If, in the judgment of CITY, W ork provided by VENDOR does not conform to the requirements of this Agreement, or if the W ork exhibits poor workmanship, CITY reserves the right to require that VENDOR correct all deficiencies in the W ork to bring the work into conformance without additional cost to CITY, and/or replace any personnel who fail to perform in accordance with the requirements of this Agreement. CITY shall be the sole judge of non-conformance and the quality of workmanship. B. Default of Contract. The occurrence of any one or more of the following events shall constitute a default and breach of this Agreement by VENDOR : i. The abandonment of the project by VENDOR for a period of more than seven (7) business days. ii. The abandonment, unnecessary delay, refusal of, or failure to comply with any of the terms of this Agreement or neglect, or refusal to comply with the instructions of the CITY’s designee. iii. The failure by VENDOR to observe or perform any of the terms, covenants, or conditions of this Agreement to be observed or performed by VENDOR, where such failure shall continue for a period of seven (7) days after written notice thereof by CITY to VENDOR; provided, however, that if the nature of VENDOR 's default is such that more than seven (7) days are reasonably required for its cure, then VENDOR shall not be deemed to be in default if VENDOR commences such cure within said seven (7) day period and thereafter diligently prosecutes such cure to completion. iv. The assignment and/or transfer of this Agreement or execution or attachment thereon by VENDOR or any other party in a manner not expressly permitted hereunder. v. The making by VENDOR of any general assignment or general arrangement for the benefit of 680 UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services A-9 creditors, or the filing by or against VENDOR of a petition to have VENDOR adjudged a bankruptcy, or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against VENDOR, the same is dismissed within sixty (60) calendar days); or the appointment of a trustee or a receiver to take possession of substantially all of VENDOR's assets, or for VENDOR 's interest in this Agreement, where possession is not restored to VENDOR within thirty (30) calendar days; for attachment, execution or other judicial seizure of substantially all of VENDOR 's assets, or for VENDOR 's interest in this Agreement, where such seizure is not discharged within thirty (30) calendar days. C. Remedies in Default. In case of default by VENDOR, CITY shall notify VENDOR, in writing, of such abandonment, delay, refusal, failure, neglect, or default and direct VENDOR to comply with all provisions of the Agreement. If the abandonment, delay, refusal, failure, neglect, or default is not cured within seven (7) business days of when notice was sent by CITY, CITY may declare a default of the Agreement and notify VENDOR of such declaration of default and terminate the Agreement. i. CITY may complete the Agreement, or any part thereof, either by day labor, use of a subcontractor, or by re-letting a contract for the same, and procure the equipment and the facilities necessary for the completion of the Agreement, and charge the cost of same to VENDOR together with the costs incident thereto to such default. ii. In the event CITY completes the Agreement at a lesser cost than would have been payable to VENDOR under this Agreement, if the same had been fulfilled by VENDOR, CITY shall retain such differences. Should such cost to CITY be greater, VENDOR shall pay the amount of such excess to the CITY. iii. Notwithstanding the other provisions in this Article, CITY reserves the right to terminate the Agreement at any time, whenever the service provided by VENDOR fails to meet reasonable standards of the trade after CITY gives written notice to the VENDOR of the deficiencies as set forth in the written notice within thirty (30) calendar days of the receipt by VENDOR of such notice from CITY. 25. SOVEREIGN IMMUNITY. Nothing contained herein is intended to serve as a waiver of sovereign immunity by the CITY or as a waiver of limits of liability or rights the CITY may have under the doctrine of sovereign immunity or under Section 768.28, Florida Statutes. 26. TRUTH-IN-NEGOTIATION CERTIFICATE. A. Execution of this Agreement by the VENDOR shall act as the execution of a truth-in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement is accurate, complete, and current as of the date of the Agreement and no higher than those charged to the VENDOR’s most favored customer for the same or substantially similar service. B. The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete, or non-current wage rates or due to inaccurate representations of fees paid to outside vendors. The CITY shall exercise its rights under this “Certificate” within one (1) year following payment. 27. ENTITIES OF FOREIGN CONCERN. The provisions of this section apply only if Vendor or any subcontractor will have access to an individual’s personal identifying information under this Agreement. Vendor represents and certifies: (i) Vendor is not owned by the government of a foreign country of concern; (ii) the government of a foreign country of concern does not have a controlling interest in Vendor; and (iii) Vendor is not organized under the laws of and does not have its principal place of business in, a foreign country of concern. Prior to Vendor and any subcontractor having access to personal identifying information pursuant to this Agreement, Vendor and any subcontractor shall submit to City executed affidavit(s) under penalty of perjury, in a form approved by City attesting that the entity does not meet any of the criteria in Section 287.138(2), Florida Statutes. Compliance with the 681 UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services A-10 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. 28. 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. SIGNATURE PAGE FOLLOWS 682 683 UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services A-12 EXHIBIT A FORM OF TASK ORDER CITY OF BOYNTON BEACH __________ Services Task Order Task Order No. _____ Contractor: _______________________ (“Contractor”) 1. Task/Project. _____________(Insert title and brief description)_______________________________ 2. Detailed Scope of Services. A detailed scope of services under this Task Order, in accordance with the Agreement, is attached as Exhibit ____. 3. Deliverables and Schedule. Contractor shall complete the services or deliver to the City the deliverables specified at the time indicated on the attached Exhibit ____. 4. Compensation. The total Fee to be paid to Contractor under this Task Order shall not exceed _______________________, based on the hourly rates currently in effect under the Agreement. A detailed fee schedule is attached as Exhibit ______. The payment schedule (based on deliverables) is attached as Exhibit ______. 5. Agreement Reference. This Task Order shall be performed under the terms and conditions described within the ______________________ Services Agreement, dated ________________________, 20____, by and between the City of Boynton Beach and __________________, Contract No. _____. 6. Insurance. Contractor shall maintain insurance coverages in accordance with the Agreement and hereby confirms that Certificate(s) of Insurance evidencing current policies meeting the requirements of the Agreement are on file with the City as of the date of this Task Order. 7. Exhibits. All attached Exhibits are incorporated fully into this Task Order and the Agreement. 684 UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services A-13 8. Notice to Proceed. Contractor shall commence Services under this Task Order upon receipt of a fully executed Task Order and PO from the City. CONTRACTOR: CITY OF BOYNTON BEACH By: ________________________________ By: _________________________________ Ty Penserga, Mayor Print Name: ________________________ Date: _______________________, 20___ Date: _______________________, 20___ City Attorney’s Office Approved as to form and legality By: __________________ 685 UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services A-14 EXHIBIT B SCHEDULE OF PRICES (TO BE INSERTED AFTER BID AWARD) 686 INSURANCE ADVISORY IA-1 City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of “B+” or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED General Liability General Aggregate $ 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners & Contractor's Protective (OCP) Personal & Adv. Injury $ 1,000,000.00 Asbestos Abatement Each Occurrence $ 1,000,000.00 Lead Abatement Fire Damage (any one fire) $ 50,000.00 Broad Form Vendors Med. Expense (any one person) $ 5,000.00 Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Fire Legal Liability Professional Liability Aggregate $ 1,000,000.00 Automobile Liability Combined Single Limit $ 1,000,000.00 Any Auto All Owned Autos Hired Autos Non-Owned Autos Excess Liability Umbrella Form Each Occurrence Aggregate to be determined to be determined Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 1,000,000.00 Disease, Policy Limit $ 1,000,000.00 Disease Each Employee $ 1,000,000.00 Property: Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost Installation Floater Limits based on Project Cost Other - As Risk Identified to be determined INSURANCEADVISORYFORM Revised 04/2021 687 Bid Due Date: September 12, 2024 Bid Due Time: 2:30 P.M. BID COMPLIANT CHECK Schedule/Specifications BID PROPOSAL - Standard Labor Rate $105.93 $130.00 $160.00 $250.00 BID PROPOSAL - Emergency Labor Rate $158.90 $195.00 $240.00 $375.00 BID PROPOSAL - Premium Labor Rate $158.90 $260.00 $320.00 $500.00 BID PROPOSAL - Material Pricing 20.00%20.00%30.00%25.00% BID PROPOSAL - Fixed Cost Per Generator (TASK 1 - <75 KW)$211.86 $170.00 $250.00 $150.00 BID PROPOSAL - Fixed Cost Per Generator (TASK 1 - 75 - 260 KW)$211.86 $180.00 $250.00 $200.00 BID PROPOSAL - Fixed Cost Per Generator (TASK 1 - >260 KW)$211.86 $220.00 $250.00 $300.00 BID PROPOSAL - Fixed Cost Per Generator (TASK 2 - <75 KW)$1,127.67 $480.00 $1,600.00 $625.00 BID PROPOSAL - Fixed Cost Per Generator (TASK 2 - 75 - 260 KW)$1,603.82 $550.00 $2,100.00 $720.00 BID PROPOSAL - Fixed Cost Per Generator (TASK 2 - >260 KW)$5,200.70 $785.00 $4,500.00 $2,500.00 Fixed Cost Per Generator (Installation Non-Resettable Meter <75KW)$500.00 $400.00 $2,500.00 $640.00 Fixed Cost Per Generator (Installation Non-Resettable Meter 75 - 260 KW)$500.00 $500.00 $2,500.00 $640.00 Fixed Cost Per Generator (Installation Non-Resettable Meter >260KW)$500.00 $600.00 $2,500.00 $640.00 Bid Form Included Included Included Included Bid Bond 5%Included Included Included Included Bidders Qualification Statement Included Included Included Included Anti-Kickback Affidavit Included Included Included Included Non-Collusion Affidavit Included Included - None Included Included E-Verify Form Pursuant to F.S. 448.095 Included Included Included Included Certification Pursuant to F.S. 287.135 Included Included Included Included Affidavit of Compliance with Foreign Entity Laws Included Included Included Included Affidavit of Compliance with Anti-Human Trafficking Laws Included Included Included Included Bidder's Site Inspection Form Included Included Included Included W-9 Included Included Included Included Certificates, Licenses, Business Permits Divisions of Corporation Megawattage LLC - Active, Florida dbpr Certified Electrical Contractor David A. Brenner Lic# EC13012482 Exp. 08/31/26, Certificate of Training Megawattage LLC for Maintenance and Service of Multiquip DCA Generators, Certificate of Recognition Megawattage LLC -Isuzu Motors America LLC, Unfied Carrier Registration (UCR) Megawattage LLC UCR Confirmation # 000-0439-2736 Compliance Exp. 12/31/24, Broward County Local Business Tax Receipt - business tax account # 185938 Exp. 09/30/25. Divisions of Corporations Zabatt Engine Services, Inc. - Active, Florida dbpr Certified Building Contractor Jeremy Asher Siegel Lic# CBC1257077 Exp. 08/31/26, Certified Electrical Contractor Jeremy Asher Siegel Lic# EC13013144 Exp. 08/31/26, Duval County Local Business Tax Receipt Lic# 174897 Exp. 09/30/24, LBTR Lic# 78916 Exp. 09/30/24, LBTR Lic# 304732 Exp. 09/30/24. No Certifications/Licenses Provided Orange County Local Business Tax Receipt # 1083642 Exp. 09/30/24, Divisions of Corporations Nixon Power Services LLC - Active. Kohler - Industrial Power Systems Service Technician I - Tyler Sanabria, Kohler - Gaseous Engine Service Technician I - David Villa, Kohler - Large Diesel Engine Service Technician III - David Villa, Kohler - Small Diesel Engine Service Technician II - David Villa, Kohler - Industrial Power Systems Service Technician I - David Villa, Kohler - Industrial Power Systems Service Technician III - Roy Arnold, Kohler - Gaseous Engine Service Technician I - Roy Arnold, Kohler - Large Diesel Engine Service Technician II - Roy Arnold, Certificate of Training - KD Series K148 Diesel Engines (KD700-KD750)- Roy Arnold, Kohler - Gaseous Engine Service Technician I - Tyler Sanabria, Kohler - Large Diesel Engine Service Technician I - Tyler Sanabria, Kohler - Small Diesel Engine Service Technician I - Tyler Sanabria, City of Pompano Beach Business Tax Receipt (TAW Power Systems) Receipt# 24-00065281 Exp. 09/30/24, Receipt# 24-00065282 Exp. 09/30/2024 Addenda Acknowledgement (1-3)Acknowledged Acknowledged Acknowledged Acknowledged Confirmation of Minority Owned Business No No No No Conflict of Interest No No No No Local Business Status Certification No No No No Letter of Interest Yes Yes Yes Yes References Included Included Included Included Subcontractors None None None None Comments: Electronic Opened by: Bids & Tenders on September 12, 2024 Compliance Tabulation by: Theresa Gonzalez, Sr. Buyer-Utilities on September, 18, 2024 UTL24-041 - Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services - Overview of Specifications and Schedule of Prices * Offers from the vendors listed herein are the only offers received timely as of the Bid due date and Bid due time. All others submitted in response to this solicitation, if any are hereby rejected as late. Megawattage LLC 850 SW 21 Terrace Fort Lauderdale, FL 33312 Contact: David Brenner Contact: Dana Welch Email: dbrenner@megawattage.com Email: dana.welch@megawattage.com Phone: 305-632-3273 Phone: 954-401-7942 Zabatt Power Systems 4612 Highway Avenue Jacksonville, FL 32254 Contact: Michael Sabatier Contact: Andrew Wire Email: michael.sabatier@zabatt.com Email: bids@zabatt.com Email: service@zabatt.com Phone: 904-384-4505 Phone: 352-299-3487 Nixon Power Services LLC 4475 Parkbreeze Court Orlando, FL 32808 Contact: Jeffrey Durner Contact: David Franklin Email: jdurner@nixonpower.com Email: orlandoservice@nixonpower.com Phone: 386-837-4956 Phone: 888-826-4966 Tampa Armature Works, dba Integrated Power Services (IPS) 6312 78th Street Riverview, FL 33578 Contact: Luis Robles Email: luis.robles@tawinc.com Email: anward.bellorinni@ips.us Phone: 954-263-1879 Phone: 813-840-3500 688 Megawattage LLC 850 SW 21 Terrace Fort Lauderdale, FL 33312 Zabatt Power Systems 4612 Highway Avenue Jacksonville, FL 32254 Nixon Power Services LLC 4475 Parkbreeze Court Orlando, FL 32808 Tampa Armature Works, dba Integrated Power Services (IPS) 6312 78th Street Riverview, FL 33578 Schedule/Specifications Submission 1 Submission 1 Submission 1 Submission 1 BID PROPOSAL - Standard Labor Rate $105.93 $130.00 $160.00 $250.00 BID PROPOSAL - Emergency Labor Rate $158.90 $195.00 $240.00 $375.00 BID PROPOSAL - Premium Labor Rate $158.90 $260.00 $320.00 $500.00 BID PROPOSAL - Material Pricing 20.00%20.00%30.00%25.00% BID PROPOSAL - Fixed Cost Per Generator (TASK 1 - <75 KW)$211.86 $170.00 $250.00 $150.00 BID PROPOSAL - Fixed Cost Per Generator (TASK 1 - 75 - 260 KW)$211.86 $180.00 $250.00 $200.00 BID PROPOSAL - Fixed Cost Per Generator (TASK 1 - >260 KW)$211.86 $220.00 $250.00 $300.00 BID PROPOSAL - Fixed Cost Per Generator (TASK 2 - <75 KW)$1,127.67 $480.00 $1,600.00 $625.00 BID PROPOSAL - Fixed Cost Per Generator (TASK 2 - 75 - 260 KW)$1,603.82 $550.00 $2,100.00 $720.00 BID PROPOSAL - Fixed Cost Per Generator (TASK 2 - >260 KW)$5,200.70 $785.00 $4,500.00 $2,500.00 Fixed Cost Per Generator (Installation Non-Resettable Meter <75KW)$500.00 $400.00 $2,500.00 $640.00 Fixed Cost Per Generator (Installation Non-Resettable Meter 75 - 260 KW)$500.00 $500.00 $2,500.00 $640.00 Fixed Cost Per Generator (Installation Non-Resettable Meter >260KW)$500.00 $600.00 $2,500.00 $640.00 Comments: UTL24-041 - Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services - Overview of Specifications and Schedule of Prices 689 UTL24-041 - Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services Opening Date: August 19, 2024 8:00 AM Closing Date: September 12, 2024 2:30 PM Vendor Details Company Name:Zabatt Power Systems Does your company conduct business under any other name? If yes, please state: Florida Address: 4612 Highway ave Jacksonville, Florida 32254 Contact:Michael Sabatier Email:bids@zabatt.com Phone:904-384-4505 Fax:904-384-9915 HST#:59-1889271 Submission Details Created On:Wednesday September 11, 2024 16:07:08 Submitted On:Thursday September 12, 2024 12:54:00 Submitted By:Michael Sabatier Email:bids@zabatt.com Transaction #:db7ddaad-b78c-46fb-8b5f-0a48b51e076b Submitter's IP Address:50.221.123.114 Bid Number: UTL24-041 Vendor Name: Zabatt Power Systems690 Schedule of Prices The Bidder hereby Bids and offers to enter into the Contract referred to and to supply and do all or any part of the Work which is set out or called for in this Bid, at the unit prices, and/or lump sums, hereinafter stated. *Denotes a "MANDATORY" field Do not enter $0.00 dollars unless you are providing the line item at zero dollars to the Owner (unless otherwise specified). If the line item and/or table is "NON-MANDATORY" and you are not bidding on it, leave the table and/or line item blank.Do not enter a $0.00 dollar value. BID PROPOSAL - DIESEL/PROPANE GENERATOR AND BYPASS PUMP MAINTENANCE AND REPAIR SERVICE - Labor Rate Cost BID PROPOSAL SHEET - Price Proposal Online Form The undersigned declares that they have carefully examined the specifications, and is thoroughly familiar with its provisions and with the quality, type, and grade of service required. The undersigned proposes to deliver the service in accordance with the specifications for “DIESEL/PROPANE GENERATOR AND BYPASS PUMP MAINTENANCE AND REPAIR SERVICE”. Description Unit Rate * Standard Labor Rate: For maintenance/inspection or repairs during normal business hours of Monday through  Friday between the hours of 8:00 A.M. - 5:00 P.M. $ Dollar Per Hour 130.00 * Emergency Labor Rate: For emergency services/repairs during non-business hours as referenced above and  holidays. $ Dollar Per Hour 195.00 * Premium Labor Rate: For service/repairs during a declared emergency in accordance with the City's  Ordinance. $ Dollar Per Hour 260.00 * Material Pricing: Cost Plus (wholesale cost plus percentage) for lubricants, materials, or parts used % percentage Cost Plus 20 * BID PROPOSAL - DIESEL/PROPANE GENERATOR AND BYPASS PUMP MAINTENANCE AND REPAIR SERVICE - Fixed Cost Per Generator BID PROPOSAL SHEET - Price Proposal Online Form The undersigned declares that they have carefully examined the specifications, and is thoroughly familiar with its provisions and with the quality, type, and grade of service required. The undersigned proposes to deliver the service in accordance with the specifications for “DIESEL/PROPANE GENERATOR AND BYPASS PUMP MAINTENANCE AND REPAIR SERVICE”. Description Unit < 75 KW (Less Than) *75 - 260 KW *> 260 KW (Greater Than) * Quarterly or Every 500 Hours Equipment  Inspection Recordkeeping for PBC  Department of Health (Reference: Task1) Fixed Cost per Generator $170.0000 $180.0000 $220.0000 * Annual or Every 500/1000 Hours  Equipment Inspection, Fuel and Oil  Analysis and Testing Recordkeeping for  PBC Department of Health (Reference:  Task 2) Fixed Cost per Generator $480.0000 $550.0000 $785.0000 * Installation of Non-Resettable Meter if  required Fixed Cost per Generator $400.0000 $500.0000 $600.0000 * Bid Number: UTL24-041 Vendor Name: Zabatt Power Systems691 Confirmation of Minority Owned Business A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form to make it an official part of with your Proposal responses Description Response *Comments Is your company a Minority Owned business?No Please select the appropriate response Not Applicable Do you possess a certification qualifying your  business as a Minority  Owned business? No Issuing organization name Input response in comments box to the right N/A * Date of Issuance Input response in comments box to the right N/A * Local Business Status Certification I am an authorized representative of the business and, on behalf of the Business, request that it be deemed to be a local business for purposes of the City of Boynton Beach Local Preference Program. Answering yes to Question 1 and Question 2 below will qualify the business as a local business. In support of this request, I certify the following to be true and correct: I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also agree that the business is required to notify the City in writing should it cease to qualify as a local business. By checking the box that you are not submitting for "Local Business Status Certification" you declare that you are not a local business in the City of Boynton Beach. We will not be submitting for Local Business Status Certification Is the business located within the City limits of Boynton Beach, Florida? * Does the business have a business tax receipt issued in the current year? * Is the business registered with the Florida Division of Corporations? * Number of years in business *Business license number * Yes No Yes No Yes No Letter of Interest The Letter of Interest shall summarizes the Bidder’s primary qualifications and a firm commitment to provide the proposed services. Line Item Description Response * 1 The Letter of Interest shall summarize the Proposer's  primary qualifications and a firm commitment to  provide the proposed services. Zabatt Power Systems has been proudly serving Florida since 1977. Founded by Jose  Sabatier, who immigrated to Florida from Cuba, Zabatt started as an engine rebuilding  shop, and expanded to power generation in the mid-1990s. Today, Zabatt has over  150 passionate individuals that services over 10,000 customer assets, throughout  seven southeast states. Zabatt is a Florida corporation headquartered in Jacksonville,  Florida with three additional full service facilities located in Orlando, Pembroke Pines,  and Tampa. Additionally remote technicians are supported via parts depots located in  Atlanta, Birmingham, Charlotte, Chattanooga, Ocala, Pensacola, Port Charlotte,  Savannah, and Tallahassee. We are a licensed building, electrical and fuel piping  contractor, utilizing our full time installation team for turn-key, design build and bid  projects, focusing primarily on standby power applications. Zabatt has completed  thousands of generator installations, and some of our biggest customers include T- Mobile, Jacksonville Fire Dept, Verizon, Publix, FDOT, FDOC, and JEA. Bid Number: UTL24-041 Vendor Name: Zabatt Power Systems692 References In order to be considered for this project, the Bidder must list the minimum number of three (3) successfully completed or in progress projects within the last five (5) years of similar scope and complexity in the State of Florida, which shows experience and demonstrates expertise in providing the services as stated herein. The City is interested in learning of other firms’ or government agencies’ experiences with your company; as such, please do not list the City of Boynton as a reference. *Note the City will not attempt to correct any of the supplied contact information, it is the responsibility of the Proposer to supply correct reference contact information. If the proposer cannot satisfy the requirements for similar work, the City may reject the bid. Description Reference 1 - Completed or In Progress *Reference 2 - Completed or In Progress *Reference 3 - Completed or In Progress * Name of Firm:School Board of Hillsborough County JEA (Jacksonville Electric Authority)City of New Smyrna Beach Scope of Work:Generator maintenance and repairs Generator maintenance and repairs Generator maintenance and repairs Project Location:Tampa, FL Jacksonville, FL New Smyrna Beach, FL Project Lead/Manager:Mina Kaeding William Breadon Rachel Kampf Cost of Service:$63,000.00 $1,500,000.00 $15,095.00 Start Date of Service:August 2014 August 2015 July 2017 End Date of Service:Present Present Present Contact Person:Mina Kaeding William Breadon Rachel Kampf Title:N/A N/A N/A Email:mina.kaeding@sdhc.k12.fl.us breawa@jea.com N/A Phone #:813-272-4326 904-665-4285 386-424-3016 Subcontractors The Bidder shall state all Subcontractor(s) and type of Work proposed to be used for this project. Bidders shall not indicate “TBD” (To Be Determined) or “TBA” (To Be Announced) or similar wording and shall not indicate multiple choices of Subcontractor names for any Subcontractor category in their list of Subcontractors. Subcontractors The Bidder proposes the following major subcontractors for the major areas of work for the Project. The Bidder is further notified that all subcontractors shall be properly licensed, bondable and shall be required to furnish the City with a Certificate of Insurance in accordance with the contract general conditions. This page may be reproduced for listing additional subcontractors, if required. Owner reserves the right to reject any subcontractors who has previously failed in the proper performance of an award, or failed to deliver on time contracts in a similar nature, or who is not responsible(financial capability, lack of resources, etc.) to perform under this award. Owner reserves the right to inspect all facilities of any subcontractors in order to make a determination as to the foregoing. By clicking here I confirm that there are no Subcontractor(s) and the Bidder shall perform the project with their “OWN FORCES”. Name Address Scope of work license No Contract Amount Percentage (%) of Contract * Documents Ensure your submission document(s) conforms to the following: Documents should NOT have a security password, as City of Boynton Beach may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by City of Boynton Beach. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if Bid Number: UTL24-041 Vendor Name: Zabatt Power Systems693 responding to the Marketing Plan category save the document as “Marketing Plan.” If the attached file(s) cannot be opened or viewed, your Bid Call Document may be rejected. DOCUMENTS THAT MUST ACCOMPANY PROPOSAL IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid Form & Bid Bond Documents - Bid Form & Bid Bond Docs.pdf - Thursday September 12, 2024 12:32:17 Bidder's Qualification Statement - Bidders Qualification Statement.pdf - Thursday September 12, 2024 12:32:27 Anti-Kickback Affidavit & Non-Collusion Affidavit of Proposer - Anti-Kickback Affidavit & Non-Collusion Affidavit of Propos.pdf - Thursday September 12, 2024 12:32:36 Certification Pursuant to Florida Statute § 287.135 - Certification Pursuant to Florida Status.pdf - Thursday September 12, 2024 12:32:44 Florida Professional License, including required licenses/certificates and business permits - Licenses.pdf - Thursday September 12, 2024 12:48:04 E-Verify Form Under Section § 448.095 Florida Statutes - E-Verify Form.pdf - Thursday September 12, 2024 12:47:20 Affidavit of Compliance with Foreign Entity Laws - Affidavit of Compliance with Foreign Entity Laws.pdf - Thursday September 12, 2024 12:47:30 Affidavit of Compliance with Anti-Human Trafficking Laws - Affidavit of Compliance with Anti-Human Trafficking Laws.pdf - Thursday September 12, 2024 12:47:41 Bidder's Site Inspection Confirmation - Bidders Site Inspections Confirmation.pdf - Thursday September 12, 2024 12:47:49 W-9 - W9.pdf - Thursday September 12, 2024 12:48:55 Additional Document - Bid Pricing.pdf - Thursday September 12, 2024 12:50:00 Bonding Upload Section Refer to Bid Document ATTENTION ALL INTERESTED BIDDERS: All Vendors are required to submit a five percent (5%) Bid Bond with the Bid Form or the Bid shall be rejected as non-responsive. No bids may be withdrawn for a period of ninety (90) days after the Bid opening. Bids must be accompanied by an acceptable 5% Bid Bond, cash, certified check, or money order. Said bid bond is to be furnished and executed by a surety company of recognized standing, authorized to do business in the State of Florida, and having a Registered Agent in Florida. The bid bond amount shall be 5% of the bid price and shall constitute a guarantee that the VENDOR if awarded the contract, will enter into a written contract with the City to perform this work pursuant to the bid. Bid Bond - Signed Bid Bond.pdf - Thursday September 12, 2024 12:31:17 Bid Number: UTL24-041 Vendor Name: Zabatt Power Systems694 Addenda & Declarations SPECIAL TERMS & CONDITIONS PURPOSE: The intent of this solicitation is to select a successful Vendor to provide all labor, materials, tools, hardware, equipment, and supervision to provide maintenance and repair services for the City’s Diesel / Propane Generators and Bypass Pumps for various locations within the City of Boynton Beach. AWARD: Successful Bidder awarded shall ensure that proper and sufficient staff, equipment, organization, materials, references, and past performance etc. will be provided for this contract to meet the specifications denoted herein at a paramount level. BID TERM: The initial term of the Bid awarded shall be for two (2) years commencing on the date stated in the executed contract. Upon the expiration of the Initial Term or any renewal term, this Agreement shall automatically renew for up to three (3) additional one-year terms (each a “Renewal Term”) unless at least sixty (60) days prior to the renewal date, either party gives the other party written notice of the intent to not renew for the additional term. Both the Initial Term and all Renewal Term(s) shall be collectively referred to as the “Term”. The City reserves the right to extend automatically for a period not to exceed an additional one hundred eighty (180) calendar days by filing a written notice signed by the vendor to the City’s Purchasing Department in order to provide the City with continuing service without further Commission action. At no time shall this extended transitional period extend more than one hundred eighty (180) calendar days beyond the expiration date of the existing Contract/Agreement. The Vendor will be reimbursed for the services at the rate in effect when this transitional period clause was invoked. EQUITABLE ADJUSTMENT: The City may, in its sole discretion, make an equitable adjustment in the Contract Terms and Conditions and/or pricing. If pricing or availability of supply is affected by extreme or unforeseen volatility in the marketplace that satisfies all the following criteria: 1. the volatility is due to causes wholly beyond the successful BIDDER’s control; 2. the volatility affects the marketplace or industry, not just the particular successful BIDER’s source of supply 3. the effect on pricing or availability of supply is substantial; 4. the volatility so affects the successful BIDDER that continued performance of the contract would result in substantial loss. Prices quoted shall be firm for a two (2) year term period. No price increase shall be accepted in this initial bid term. Please consider this when providing pricing for this Bid. Price increase will be subject to the City’s approval at one (1) year renewals. Any requested price adjustment shall be written, fully documented, and submitted to the City for consideration at least 60 calendar days prior to the bid term anniversary date. The price increase percentage change shall not exceed the previous 1-year’s percentage change of the Consumer Price Index for All Urban Consumers (CPI-U) published by the U.S. Department of Labor’s Bureau of Labor Statistics, or a maximum of five percent (5%). Any approved price adjustments shall become effective on the beginning date of the approved bid extension. Price adjustment for any one-year term will be subject to City’s Commission approval. The City of Boynton Beach reserves the right to approve a price increase within this award. In the event, after examination the City does not wish to accept the adjusted price increase and the matter cannot be resolved to the satisfaction of the City, the contract will be considered canceled on the contract/agreement expiration date. If, at the point of exercising a price increase, market media indicators show that the prices have decreased, and that the Awardee has not passed the decrease on to the City of Boynton Beach, the City reserves the right to place the Awardee in default and cancel the contract/agreement. MATERIAL PRICING AT COST PLUS: The price of the materials sold to the City of Boynton Beach as a result of this bid award shall be based on the bidder’s cost of the actual items. Contractor’s proposed percentage to be added to wholesale cost of materials only. Shipping costs to be added to wholesale cost plus percentage. Copies of invoices for materials to be provided with statements issued to the City for labor and materials. The City of Boynton Beach reserves the right, before awarding the Contract to require a bidder to submit such evidence of qualifications as it may deem necessary, and may consider any evidence available to it of the financial, technical and other qualifications and abilities of a bidder, including past performance (experience) with the City in making the award in the best interest of the City. The City, by written notice, may terminate in whole or in part, any Contract resulting from the invitation to bid, when such action is in the best interest of the City. If the Contract(s) are so terminated, the City shall be liable for payment for services rendered prior to the effective date of termination. Services rendered will be interpreted to include costs of items already delivered plus reasonable costs of supply actions short of delivery. INSURANCE: It shall be the responsibility of the successful Vendor to maintain workers’ compensation insurance, property damage, liability insurance, and vehicular liability insurance, during the time any of vendor’s personnel are working on the City of Boynton Beach property. The vendor shall furnish the City with a certificate of insurance after award has been made prior to the start of any work on City property. Said insured companies must be authorized to do business in the State of Florida and the City will not accept any company that has a rating less Bid Number: UTL24-041 Vendor Name: Zabatt Power Systems695 than B+ in accordance to A.M. Best’s Key Rating Guide, latest edition. INVOICING AND PAYMENT: Payment for any and all invoice(s) that may arise as a result of a contract or purchase order issued pursuant to this ITB shall minimally meet the following conditions to be considered as a valid payment request. Timely submission of a properly certified invoice(s) in strict accordance with the price(s) and delivery elements as stipulated in the Contract document should be submitted to: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Email: Utilitiesfinance@bbfl.us ; AP@bbfl.us All invoices submitted shall consist of as follows: Clearly referenced the subject Contract or Purchase Order number; Provide sufficient salient description to identify the goods and services for which payment is requested; Contain date of delivery; Original or legible copy of a signed delivery receipt including both manual signature and printed name of the designated City employee or authorized agent; be clearly marked as “partial”, “complete”, or “final invoice.” The City will accept partial deliveries. The invoice shall contain the Bidder’s Federal Employer Identification Number. The City’s terms of payment, unless otherwise stated in the Contract Documents are “Net 30 Days” after acceptance of goods or services and receipt of an acceptable invoice as described herein. Any other items of payment must have been previously approved by the City and appear on the Contract or Purchase Order document to be binding on the City. Should the City return an invoice for correction, the Vendor shall re- submit a corrected invoice to the City for processing. It will be the sole responsibility of the Vendor to properly dispose of all construction debris at an authorized landfill and all incurred costs shall be borne by the Vendor. All work areas must meet safety requirements for pedestrian and vehicular traffic and must be left in a clean and orderly manner. All grass areas and/or private property that are damaged while work area is under construction shall be restored as found by the Vendor prior to leaving the work areas after completion of work. It is recommended that the Vendor keep a before and after picture history, at no cost to the City, should any questions arise and be made available to the Project Manager if needed. All work must meet or exceed the State of Florida Department of Transportation Applicable Standards including the Florida Building Code and City of Boynton Beach Standards. The supervision of the execution of this Contract is vested wholly in the Project Manager or his representative, and the orders of the City Commission and/or Utilities Director are to be given through him. The instructions of the Project Manager or his representative are to be strictly and promptly followed in every case. The Vendor may designate a foreman or other representative to receive such instructions in his absence, and failing to do so, he will be held responsible for the execution of any instructions it may be necessary to give in his absence. The Project Manager or his representative is to have free access to the materials and the work at all times for laying out, measuring, inspecting, or oversight of the same, and the Vendor is to afford him all necessary facilities and assistance for so doing. To prevent all disputes and litigation, it is agreed by the parties hereto that the Utilities Director or City representative shall decide all questions, difficulties, and disputes of any nature which may arise relative to the interpretation of the specifications, construction, prosecution and fulfillment of the contract and task orders, and as to the character, quality, amount and value of any work done and materials furnished under or by reason of the Contract, and his estimates and decisions upon all claims, questions, and disputes shall be final and conclusive upon the parties hereto. Time is an essential element of the contract and as delay in the execution of work will inconvenience and possibly endanger the public, obstruct traffic, and interfere with business, it is important that once work commences at any site, it be carried through to completion without delays or suspension of operations unless deemed to be necessary by the Project Manager or Inspector. In the event any delays or suspension of operations occur, the City reserves the right to hire off-duty police, erect barricades, or take whatever actions are necessary to provide for the safety of the site. All costs involved in doing so shall be just claims against the Vendor or the Vendor’s Performance and Payment Bond. By submitting a bid, the Vendor agrees to the conditions as stated above. PLANS AND SPECIFICATIONS: The specifications and all other documentation that make up and constitute the contract shall be followed in strict accordance as to work, material, and dimensions except when the Utilities Project Manager may authorize in writing an exception. Measurement discrepancies shall be decided upon by the Utilities Project Manager or his representative and the Vendor shall not proceed when in doubt as to any dimension or measurement. RESTORATION OF PROPERTY: Property, public or private, if damaged during construction or removed for the convenience of the work shall be repaired or replaced at the expense of the Vendor in a manner acceptable to the Utilities Project Manager, prior to the final acceptance of the work. Such facilities shall include but are not limited to: signalization equipment and miscellaneous hardware removed from the construction site, driveways, walkways, walls, fences, mailboxes, sod, landscaping, irrigation systems, footings, or underground utilities. DELAYS: a. If the Vendor should be delayed in the progress of the work included in the Contract by unforeseeable causes beyond his control, the time for completion of the work may be extended by the Utilities Project Manager or his representative. Requests for extensions of time must be submitted in writing to the Utilities Project Manager or his representative within seven (7) days from the Vendor’s knowledge of a delay. Bid Number: UTL24-041 Vendor Name: Zabatt Power Systems696 Vendor shall not receive any compensation for additional time required to complete the work as a result of any delay. b. The Vendor shall assume all risks resulting from delays except that should the City, by act or omission, intentionally and without reason, cause delays which result in actual loss to the Vendor. Reimbursement thereof may be adjusted and allowed by the City only after being notified in writing by the Vendor at the time of the delay and after being given an opportunity to verify such money losses as they occur. No payment or adjustment will be allowed to the Vendor as reimbursement for any other delays whatsoever; regardless of by what or by whom caused, even though by other Vendors on the same work, or by times, seasons, or weather; other than amounts provided in the Contract for payment which shall be understood to include and cover all risks due to delays except as stated in the foregoing. c. If the Vendor fails to start the work within the time specified, and if the City should nevertheless permit the Vendor to continue and complete the same without official extension of time in writing, such permission shall not modify nor waive any liability of the Vendor for damages arising from non-completion of work within the time limit, but all such liabilities shall be subject to continuation in full force against the Vendor. d. Liability of the Vendor will include any claim by any person for bodily or property damage after the Notice to Proceed was given for the requested work. The Bidder hereby acknowledges and agrees: 1. To provide all goods, services, and construction, as more specifically set out and in accordance with the solicitation, including but not limited to the scope of work, specifications, drawings, Addenda (if issued by the Owner), the terms and conditions, etc. stated therein, which are expressly acknowledged and made part of this Contract. 2. This Bid is made without any connections, knowledge, comparison of figures, or arrangements with any other company, firm, or person making a Bid for the same Work and is in all respects fair and without collusion or fraud. 3. I/WE do hereby Bid and offer to enter into a Contract to do all the Work as specified in the solicitation which shall include all costs but not limited to; freight, duty, currency, etc. in accordance with the prices and terms as submitted by the Bidder herein. 4. If I/WE withdraw this Bid before the formal Contract is executed by the Awarded Bidder for the said Work or One Hundred Twenty (120) Calendar Days, whichever event first occurs, the amount of the Bid Bond accompanying this Bid (if applicable to this bid) shall be forfeited to the Owner. 5. I/WE acknowledge and agree that any issued Addendum/Addenda forms part of the solicitation. 6. I/WE (including any related or affiliated entities and any principal thereof) have no unresolved litigation with the Owner. Palm Beach County Inspector General Acknowledgement The Consultant is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Consultant Agreement, and in furtherance thereof may demand and obtain records and testimony from the Consultant and its sub-consultants and lower tier sub-consultants. The Consultant understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Consultant or its subconsultants or lower tier sub-consultants to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. Confirmation of Drug Free Workplace Preference shall be given to businesses with drug-free workplace programs. Whenever two or more submittals which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a submittal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie submittals will be followed if none of the tied vendors have a drug- free workplace program. In order to have a drug-free workplace program, a business shall: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. Give each employee engaged in providing the commodities or contractual services that are under submittal a copy of the statement specified in subsection (1). In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under submittal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or- plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in Bid Number: UTL24-041 Vendor Name: Zabatt Power Systems697 the workplace no later than 5 days after such conviction. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee’s community by, any employee who is so convicted. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. I/We have the authority to bind the Company and submit this Bid on behalf of the Bidder. - Sandra M. Sabatier, Secretary, Zabatt Engine Services, Inc. The bidder shall declare any potential or actual conflict of interest that could arise from Bidding on this Bid. Do you have a conflict of interest? Yes No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document Please check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda. File Name I have reviewed the below addendum and attachments (if applicable) Pages Addendum No. 3 - UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services Tue September 10 2024 08:54 AM 1 Addendum No. 2 Clarifications - UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services Fri September 6 2024 03:40 PM 2 Addendum No. 1 - UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services Tue August 27 2024 02:59 PM 1 Bid Number: UTL24-041 Vendor Name: Zabatt Power Systems698 699 700 701 702 703 704 705 706 707 708 709 710 711 712 713 714 Melanie S. Griffin, SecretaryRon DeSantis, GovernorSTATE OF FLORIDADEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIONCONSTRUCTION INDUSTRY LICENSING BOARDTHE BUILDING CONTRACTOR HEREIN IS CERTIFIED UNDER THEPROVISIONS OF CHAPTER 489, FLORIDA STATUTESSIEGEL, JEREMY ASHERDo not alter this document in any form.ZABATT INCLICENSE NUMBER: CBC1257077EXPIRATION DATE: AUGUST 31, 2026This is your license. It is unlawful for anyone other than the licensee to use this document.85020 SAGAPONACK DRIVEFERNANDINA BEACH FL 32034Always verify licenses online at MyFloridaLicense.comISSUED: 07/15/2024715 Melanie S. Griffin, SecretaryRon DeSantis, GovernorSTATE OF FLORIDADEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIONELECTRICAL CONTRACTORS' LICENSING BOARDTHE ELECTRICAL CONTRACTOR HEREIN IS CERTIFIED UNDER THEPROVISIONS OF CHAPTER 489, FLORIDA STATUTESSIEGEL, JEREMY ASHERDo not alter this document in any form.ZABATT POWER SYSTEMS INC.LICENSE NUMBER: EC13013144EXPIRATION DATE: AUGUST 31, 2026This is your license. It is unlawful for anyone other than the licensee to use this document.4612 HIGHWAY AVENUEJACKSONVILLE FL 32254Always verify licenses online at MyFloridaLicense.comISSUED: 06/30/2024716 717 718 719 720 721 722 723 724 725 726 727 728 UTL24-041 - Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services Opening Date: August 19, 2024 8:00 AM Closing Date: September 12, 2024 2:30 PM Vendor Details Company Name:Nixon Power Services LLC Does your company conduct business under any other name? If yes, please state: Nixon Power Address: 4475 Parkbreeze Court ORLANDO, FL 32808-1043 Contact:Jeffrey Durner Email:jdurner@nixonpower.com Phone:386-837-4956 Fax:386-837-4956 HST#:42-1608629 Submission Details Created On:Thursday September 12, 2024 10:44:14 Submitted On:Thursday September 12, 2024 14:01:57 Submitted By:Jeffrey Durner Email:jdurner@nixonpower.com Transaction #:cf47b295-abf6-4d9c-82c4-07dab07ceac1 Submitter's IP Address:107.115.112.58 Bid Number: UTL24-041 Vendor Name: Nixon Power Services LLC729 Schedule of Prices The Bidder hereby Bids and offers to enter into the Contract referred to and to supply and do all or any part of the Work which is set out or called for in this Bid, at the unit prices, and/or lump sums, hereinafter stated. *Denotes a "MANDATORY" field Do not enter $0.00 dollars unless you are providing the line item at zero dollars to the Owner (unless otherwise specified). If the line item and/or table is "NON-MANDATORY" and you are not bidding on it, leave the table and/or line item blank.Do not enter a $0.00 dollar value. BID PROPOSAL - DIESEL/PROPANE GENERATOR AND BYPASS PUMP MAINTENANCE AND REPAIR SERVICE - Labor Rate Cost BID PROPOSAL SHEET - Price Proposal Online Form The undersigned declares that they have carefully examined the specifications, and is thoroughly familiar with its provisions and with the quality, type, and grade of service required. The undersigned proposes to deliver the service in accordance with the specifications for “DIESEL/PROPANE GENERATOR AND BYPASS PUMP MAINTENANCE AND REPAIR SERVICE”. Description Unit Rate * Standard Labor Rate: For maintenance/inspection or repairs during normal business hours of Monday through  Friday between the hours of 8:00 A.M. - 5:00 P.M. $ Dollar Per Hour 160.00 * Emergency Labor Rate: For emergency services/repairs during non-business hours as referenced above and  holidays. $ Dollar Per Hour 240.00 * Premium Labor Rate: For service/repairs during a declared emergency in accordance with the City's  Ordinance. $ Dollar Per Hour 320.00 * Material Pricing: Cost Plus (wholesale cost plus percentage) for lubricants, materials, or parts used % percentage Cost Plus 30 * BID PROPOSAL - DIESEL/PROPANE GENERATOR AND BYPASS PUMP MAINTENANCE AND REPAIR SERVICE - Fixed Cost Per Generator BID PROPOSAL SHEET - Price Proposal Online Form The undersigned declares that they have carefully examined the specifications, and is thoroughly familiar with its provisions and with the quality, type, and grade of service required. The undersigned proposes to deliver the service in accordance with the specifications for “DIESEL/PROPANE GENERATOR AND BYPASS PUMP MAINTENANCE AND REPAIR SERVICE”. Description Unit < 75 KW (Less Than) *75 - 260 KW *> 260 KW (Greater Than) * Quarterly or Every 500 Hours Equipment  Inspection Recordkeeping for PBC  Department of Health (Reference: Task1) Fixed Cost per Generator $250.0000 $250.0000 $250.0000 * Annual or Every 500/1000 Hours  Equipment Inspection, Fuel and Oil  Analysis and Testing Recordkeeping for  PBC Department of Health (Reference:  Task 2) Fixed Cost per Generator $1,600.0000 $2,100.0000 $4,500.0000 * Installation of Non-Resettable Meter if  required Fixed Cost per Generator $2,500.0000 $2,500.0000 $2,500.0000 * Bid Number: UTL24-041 Vendor Name: Nixon Power Services LLC730 Confirmation of Minority Owned Business A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form to make it an official part of with your Proposal responses Description Response *Comments Is your company a Minority Owned business?No Please select the appropriate response Not Applicable Do you possess a certification qualifying your  business as a Minority  Owned business? No Issuing organization name Input response in comments box to the right n/a * Date of Issuance Input response in comments box to the right na * Local Business Status Certification I am an authorized representative of the business and, on behalf of the Business, request that it be deemed to be a local business for purposes of the City of Boynton Beach Local Preference Program. Answering yes to Question 1 and Question 2 below will qualify the business as a local business. In support of this request, I certify the following to be true and correct: I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also agree that the business is required to notify the City in writing should it cease to qualify as a local business. By checking the box that you are not submitting for "Local Business Status Certification" you declare that you are not a local business in the City of Boynton Beach. We will not be submitting for Local Business Status Certification Is the business located within the City limits of Boynton Beach, Florida? * Does the business have a business tax receipt issued in the current year? * Is the business registered with the Florida Division of Corporations? * Number of years in business *Business license number * Yes No Yes No Yes No Letter of Interest The Letter of Interest shall summarizes the Bidder’s primary qualifications and a firm commitment to provide the proposed services. Line Item Description Response * 1 The Letter of Interest shall summarize the Proposer's  primary qualifications and a firm commitment to  provide the proposed services. I, David Franklin, Service Sales Representative for Nixon Power Services, LLC shall  use this letter to show interest in the Bid proposal UTL24-041 for the City of Boynton  Beach.  Nixon Power Services has been in business since 1914 and has been 100%  committed to the power industry since 1990.  We currently sell new Kohler equipment  and perform service work in 14 states in the southeast. We are the world's largest  Kohler Generator Distributor and currently employ over 300 people. We operate a  service center in Florida with remote techs that cover the state. Bid Number: UTL24-041 Vendor Name: Nixon Power Services LLC731 References In order to be considered for this project, the Bidder must list the minimum number of three (3) successfully completed or in progress projects within the last five (5) years of similar scope and complexity in the State of Florida, which shows experience and demonstrates expertise in providing the services as stated herein. The City is interested in learning of other firms’ or government agencies’ experiences with your company; as such, please do not list the City of Boynton as a reference. *Note the City will not attempt to correct any of the supplied contact information, it is the responsibility of the Proposer to supply correct reference contact information. If the proposer cannot satisfy the requirements for similar work, the City may reject the bid. Description Reference 1 - Completed or In Progress *Reference 2 - Completed or In Progress *Reference 3 - Completed or In Progress * Name of Firm:Disney Parks Seminole Tribe of Florida City of Asheville, NC Scope of Work:Generator Maintenance Generator Maintenance Generator Maintenance Project Location:Orlando Statewide in Florida Asheville, NC Project Lead/Manager:Jeff Durner Jeff Durner David Franklin Cost of Service:n/a n/a n/a Start Date of Service:Current Current Current End Date of Service:Current Current Current Contact Person:Anthony Rios Rico Alvarado Tim Proffitt Title:n/a n/a n/a Email:Anthony.p.rios@disney.com ricoalvarado@semitribe.com Tproffitt@ashevillenc.gov Phone #:407-242-6544 863-233-5209 828-552-9374 Subcontractors The Bidder shall state all Subcontractor(s) and type of Work proposed to be used for this project. Bidders shall not indicate “TBD” (To Be Determined) or “TBA” (To Be Announced) or similar wording and shall not indicate multiple choices of Subcontractor names for any Subcontractor category in their list of Subcontractors. Subcontractors The Bidder proposes the following major subcontractors for the major areas of work for the Project. The Bidder is further notified that all subcontractors shall be properly licensed, bondable and shall be required to furnish the City with a Certificate of Insurance in accordance with the contract general conditions. This page may be reproduced for listing additional subcontractors, if required. Owner reserves the right to reject any subcontractors who has previously failed in the proper performance of an award, or failed to deliver on time contracts in a similar nature, or who is not responsible(financial capability, lack of resources, etc.) to perform under this award. Owner reserves the right to inspect all facilities of any subcontractors in order to make a determination as to the foregoing. By clicking here I confirm that there are no Subcontractor(s) and the Bidder shall perform the project with their “OWN FORCES”. Name Address Scope of work license No Contract Amount Percentage (%) of Contract * Documents Ensure your submission document(s) conforms to the following: Documents should NOT have a security password, as City of Boynton Beach may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by City of Boynton Beach. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if Bid Number: UTL24-041 Vendor Name: Nixon Power Services LLC732 responding to the Marketing Plan category save the document as “Marketing Plan.” If the attached file(s) cannot be opened or viewed, your Bid Call Document may be rejected. DOCUMENTS THAT MUST ACCOMPANY PROPOSAL IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid Form & Bid Bond Documents - BB Bid Bond.pdf - Thursday September 12, 2024 13:45:14 Bidder's Qualification Statement - Bidders Qualification statement BB.pdf - Thursday September 12, 2024 12:44:21 Anti-Kickback Affidavit & Non-Collusion Affidavit of Proposer - Anti Kick Back Affadavit BB.pdf - Thursday September 12, 2024 12:45:41 Certification Pursuant to Florida Statute § 287.135 - 287.153 BB.pdf - Thursday September 12, 2024 12:47:42 Florida Professional License, including required licenses/certificates and business permits - Orange CO FL 2023 License.pdf - Thursday September 12, 2024 12:48:03 E-Verify Form Under Section § 448.095 Florida Statutes - everify bb.pdf - Thursday September 12, 2024 12:49:55 Affidavit of Compliance with Foreign Entity Laws - FEL.pdf - Thursday September 12, 2024 12:51:24 Affidavit of Compliance with Anti-Human Trafficking Laws - HTL BB.pdf - Thursday September 12, 2024 12:52:25 Bidder's Site Inspection Confirmation - Mandatory Site Visit BB.pdf - Thursday September 12, 2024 12:54:05 W-9 - 2024 Edition of W-9.pdf - Thursday September 12, 2024 12:54:22 Additional Document - Bid Clause v1.pdf - Thursday September 12, 2024 13:58:55 Bonding Upload Section Refer to Bid Document ATTENTION ALL INTERESTED BIDDERS: All Vendors are required to submit a five percent (5%) Bid Bond with the Bid Form or the Bid shall be rejected as non-responsive. No bids may be withdrawn for a period of ninety (90) days after the Bid opening. Bids must be accompanied by an acceptable 5% Bid Bond, cash, certified check, or money order. Said bid bond is to be furnished and executed by a surety company of recognized standing, authorized to do business in the State of Florida, and having a Registered Agent in Florida. The bid bond amount shall be 5% of the bid price and shall constitute a guarantee that the VENDOR if awarded the contract, will enter into a written contract with the City to perform this work pursuant to the bid. Bid Bond - BB Bid Bond.pdf - Thursday September 12, 2024 13:45:45 Bid Number: UTL24-041 Vendor Name: Nixon Power Services LLC733 Addenda & Declarations SPECIAL TERMS & CONDITIONS PURPOSE: The intent of this solicitation is to select a successful Vendor to provide all labor, materials, tools, hardware, equipment, and supervision to provide maintenance and repair services for the City’s Diesel / Propane Generators and Bypass Pumps for various locations within the City of Boynton Beach. AWARD: Successful Bidder awarded shall ensure that proper and sufficient staff, equipment, organization, materials, references, and past performance etc. will be provided for this contract to meet the specifications denoted herein at a paramount level. BID TERM: The initial term of the Bid awarded shall be for two (2) years commencing on the date stated in the executed contract. Upon the expiration of the Initial Term or any renewal term, this Agreement shall automatically renew for up to three (3) additional one-year terms (each a “Renewal Term”) unless at least sixty (60) days prior to the renewal date, either party gives the other party written notice of the intent to not renew for the additional term. Both the Initial Term and all Renewal Term(s) shall be collectively referred to as the “Term”. The City reserves the right to extend automatically for a period not to exceed an additional one hundred eighty (180) calendar days by filing a written notice signed by the vendor to the City’s Purchasing Department in order to provide the City with continuing service without further Commission action. At no time shall this extended transitional period extend more than one hundred eighty (180) calendar days beyond the expiration date of the existing Contract/Agreement. The Vendor will be reimbursed for the services at the rate in effect when this transitional period clause was invoked. EQUITABLE ADJUSTMENT: The City may, in its sole discretion, make an equitable adjustment in the Contract Terms and Conditions and/or pricing. If pricing or availability of supply is affected by extreme or unforeseen volatility in the marketplace that satisfies all the following criteria: 1. the volatility is due to causes wholly beyond the successful BIDDER’s control; 2. the volatility affects the marketplace or industry, not just the particular successful BIDER’s source of supply 3. the effect on pricing or availability of supply is substantial; 4. the volatility so affects the successful BIDDER that continued performance of the contract would result in substantial loss. Prices quoted shall be firm for a two (2) year term period. No price increase shall be accepted in this initial bid term. Please consider this when providing pricing for this Bid. Price increase will be subject to the City’s approval at one (1) year renewals. Any requested price adjustment shall be written, fully documented, and submitted to the City for consideration at least 60 calendar days prior to the bid term anniversary date. The price increase percentage change shall not exceed the previous 1-year’s percentage change of the Consumer Price Index for All Urban Consumers (CPI-U) published by the U.S. Department of Labor’s Bureau of Labor Statistics, or a maximum of five percent (5%). Any approved price adjustments shall become effective on the beginning date of the approved bid extension. Price adjustment for any one-year term will be subject to City’s Commission approval. The City of Boynton Beach reserves the right to approve a price increase within this award. In the event, after examination the City does not wish to accept the adjusted price increase and the matter cannot be resolved to the satisfaction of the City, the contract will be considered canceled on the contract/agreement expiration date. If, at the point of exercising a price increase, market media indicators show that the prices have decreased, and that the Awardee has not passed the decrease on to the City of Boynton Beach, the City reserves the right to place the Awardee in default and cancel the contract/agreement. MATERIAL PRICING AT COST PLUS: The price of the materials sold to the City of Boynton Beach as a result of this bid award shall be based on the bidder’s cost of the actual items. Contractor’s proposed percentage to be added to wholesale cost of materials only. Shipping costs to be added to wholesale cost plus percentage. Copies of invoices for materials to be provided with statements issued to the City for labor and materials. The City of Boynton Beach reserves the right, before awarding the Contract to require a bidder to submit such evidence of qualifications as it may deem necessary, and may consider any evidence available to it of the financial, technical and other qualifications and abilities of a bidder, including past performance (experience) with the City in making the award in the best interest of the City. The City, by written notice, may terminate in whole or in part, any Contract resulting from the invitation to bid, when such action is in the best interest of the City. If the Contract(s) are so terminated, the City shall be liable for payment for services rendered prior to the effective date of termination. Services rendered will be interpreted to include costs of items already delivered plus reasonable costs of supply actions short of delivery. INSURANCE: It shall be the responsibility of the successful Vendor to maintain workers’ compensation insurance, property damage, liability insurance, and vehicular liability insurance, during the time any of vendor’s personnel are working on the City of Boynton Beach property. The vendor shall furnish the City with a certificate of insurance after award has been made prior to the start of any work on City property. Said insured companies must be authorized to do business in the State of Florida and the City will not accept any company that has a rating less Bid Number: UTL24-041 Vendor Name: Nixon Power Services LLC734 than B+ in accordance to A.M. Best’s Key Rating Guide, latest edition. INVOICING AND PAYMENT: Payment for any and all invoice(s) that may arise as a result of a contract or purchase order issued pursuant to this ITB shall minimally meet the following conditions to be considered as a valid payment request. Timely submission of a properly certified invoice(s) in strict accordance with the price(s) and delivery elements as stipulated in the Contract document should be submitted to: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Email: Utilitiesfinance@bbfl.us ; AP@bbfl.us All invoices submitted shall consist of as follows: Clearly referenced the subject Contract or Purchase Order number; Provide sufficient salient description to identify the goods and services for which payment is requested; Contain date of delivery; Original or legible copy of a signed delivery receipt including both manual signature and printed name of the designated City employee or authorized agent; be clearly marked as “partial”, “complete”, or “final invoice.” The City will accept partial deliveries. The invoice shall contain the Bidder’s Federal Employer Identification Number. The City’s terms of payment, unless otherwise stated in the Contract Documents are “Net 30 Days” after acceptance of goods or services and receipt of an acceptable invoice as described herein. Any other items of payment must have been previously approved by the City and appear on the Contract or Purchase Order document to be binding on the City. Should the City return an invoice for correction, the Vendor shall re- submit a corrected invoice to the City for processing. It will be the sole responsibility of the Vendor to properly dispose of all construction debris at an authorized landfill and all incurred costs shall be borne by the Vendor. All work areas must meet safety requirements for pedestrian and vehicular traffic and must be left in a clean and orderly manner. All grass areas and/or private property that are damaged while work area is under construction shall be restored as found by the Vendor prior to leaving the work areas after completion of work. It is recommended that the Vendor keep a before and after picture history, at no cost to the City, should any questions arise and be made available to the Project Manager if needed. All work must meet or exceed the State of Florida Department of Transportation Applicable Standards including the Florida Building Code and City of Boynton Beach Standards. The supervision of the execution of this Contract is vested wholly in the Project Manager or his representative, and the orders of the City Commission and/or Utilities Director are to be given through him. The instructions of the Project Manager or his representative are to be strictly and promptly followed in every case. The Vendor may designate a foreman or other representative to receive such instructions in his absence, and failing to do so, he will be held responsible for the execution of any instructions it may be necessary to give in his absence. The Project Manager or his representative is to have free access to the materials and the work at all times for laying out, measuring, inspecting, or oversight of the same, and the Vendor is to afford him all necessary facilities and assistance for so doing. To prevent all disputes and litigation, it is agreed by the parties hereto that the Utilities Director or City representative shall decide all questions, difficulties, and disputes of any nature which may arise relative to the interpretation of the specifications, construction, prosecution and fulfillment of the contract and task orders, and as to the character, quality, amount and value of any work done and materials furnished under or by reason of the Contract, and his estimates and decisions upon all claims, questions, and disputes shall be final and conclusive upon the parties hereto. Time is an essential element of the contract and as delay in the execution of work will inconvenience and possibly endanger the public, obstruct traffic, and interfere with business, it is important that once work commences at any site, it be carried through to completion without delays or suspension of operations unless deemed to be necessary by the Project Manager or Inspector. In the event any delays or suspension of operations occur, the City reserves the right to hire off-duty police, erect barricades, or take whatever actions are necessary to provide for the safety of the site. All costs involved in doing so shall be just claims against the Vendor or the Vendor’s Performance and Payment Bond. By submitting a bid, the Vendor agrees to the conditions as stated above. PLANS AND SPECIFICATIONS: The specifications and all other documentation that make up and constitute the contract shall be followed in strict accordance as to work, material, and dimensions except when the Utilities Project Manager may authorize in writing an exception. Measurement discrepancies shall be decided upon by the Utilities Project Manager or his representative and the Vendor shall not proceed when in doubt as to any dimension or measurement. RESTORATION OF PROPERTY: Property, public or private, if damaged during construction or removed for the convenience of the work shall be repaired or replaced at the expense of the Vendor in a manner acceptable to the Utilities Project Manager, prior to the final acceptance of the work. Such facilities shall include but are not limited to: signalization equipment and miscellaneous hardware removed from the construction site, driveways, walkways, walls, fences, mailboxes, sod, landscaping, irrigation systems, footings, or underground utilities. DELAYS: a. If the Vendor should be delayed in the progress of the work included in the Contract by unforeseeable causes beyond his control, the time for completion of the work may be extended by the Utilities Project Manager or his representative. Requests for extensions of time must be submitted in writing to the Utilities Project Manager or his representative within seven (7) days from the Vendor’s knowledge of a delay. Bid Number: UTL24-041 Vendor Name: Nixon Power Services LLC735 Vendor shall not receive any compensation for additional time required to complete the work as a result of any delay. b. The Vendor shall assume all risks resulting from delays except that should the City, by act or omission, intentionally and without reason, cause delays which result in actual loss to the Vendor. Reimbursement thereof may be adjusted and allowed by the City only after being notified in writing by the Vendor at the time of the delay and after being given an opportunity to verify such money losses as they occur. No payment or adjustment will be allowed to the Vendor as reimbursement for any other delays whatsoever; regardless of by what or by whom caused, even though by other Vendors on the same work, or by times, seasons, or weather; other than amounts provided in the Contract for payment which shall be understood to include and cover all risks due to delays except as stated in the foregoing. c. If the Vendor fails to start the work within the time specified, and if the City should nevertheless permit the Vendor to continue and complete the same without official extension of time in writing, such permission shall not modify nor waive any liability of the Vendor for damages arising from non-completion of work within the time limit, but all such liabilities shall be subject to continuation in full force against the Vendor. d. Liability of the Vendor will include any claim by any person for bodily or property damage after the Notice to Proceed was given for the requested work. The Bidder hereby acknowledges and agrees: 1. To provide all goods, services, and construction, as more specifically set out and in accordance with the solicitation, including but not limited to the scope of work, specifications, drawings, Addenda (if issued by the Owner), the terms and conditions, etc. stated therein, which are expressly acknowledged and made part of this Contract. 2. This Bid is made without any connections, knowledge, comparison of figures, or arrangements with any other company, firm, or person making a Bid for the same Work and is in all respects fair and without collusion or fraud. 3. I/WE do hereby Bid and offer to enter into a Contract to do all the Work as specified in the solicitation which shall include all costs but not limited to; freight, duty, currency, etc. in accordance with the prices and terms as submitted by the Bidder herein. 4. If I/WE withdraw this Bid before the formal Contract is executed by the Awarded Bidder for the said Work or One Hundred Twenty (120) Calendar Days, whichever event first occurs, the amount of the Bid Bond accompanying this Bid (if applicable to this bid) shall be forfeited to the Owner. 5. I/WE acknowledge and agree that any issued Addendum/Addenda forms part of the solicitation. 6. I/WE (including any related or affiliated entities and any principal thereof) have no unresolved litigation with the Owner. Palm Beach County Inspector General Acknowledgement The Consultant is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Consultant Agreement, and in furtherance thereof may demand and obtain records and testimony from the Consultant and its sub-consultants and lower tier sub-consultants. The Consultant understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Consultant or its subconsultants or lower tier sub-consultants to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. Confirmation of Drug Free Workplace Preference shall be given to businesses with drug-free workplace programs. Whenever two or more submittals which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a submittal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie submittals will be followed if none of the tied vendors have a drug- free workplace program. In order to have a drug-free workplace program, a business shall: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. Give each employee engaged in providing the commodities or contractual services that are under submittal a copy of the statement specified in subsection (1). In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under submittal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or- plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in Bid Number: UTL24-041 Vendor Name: Nixon Power Services LLC736 the workplace no later than 5 days after such conviction. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee’s community by, any employee who is so convicted. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. I/We have the authority to bind the Company and submit this Bid on behalf of the Bidder. - David Franklin, Outside Service Sales Representative , Nixon Power Services, LLC The bidder shall declare any potential or actual conflict of interest that could arise from Bidding on this Bid. Do you have a conflict of interest? Yes No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document Please check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda. File Name I have reviewed the below addendum and attachments (if applicable) Pages Addendum No. 3 - UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services Tue September 10 2024 08:54 AM 1 Addendum No. 2 Clarifications - UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services Fri September 6 2024 03:40 PM 2 Addendum No. 1 - UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services Tue August 27 2024 02:59 PM 1 Bid Number: UTL24-041 Vendor Name: Nixon Power Services LLC737 738 David Franklin Outside Service Sales 739 740 741 742 743 744 745 746 747 748 749 750 751 752 753 754 755 756 757 758 759 760 761 City of Boynton Beach David Franklin 09/12/2024 Bid Bond Request Nixon Power Requests that a clause be added into our bid. If a Performance and Payment Bond is required for the contract that it be issued on a mutually acceptable annual bond form. David Franklin Outside Service Sales dfranklin@nixonpower.com 601-910-9335 762 UTL24-041 - Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services Opening Date: August 19, 2024 8:00 AM Closing Date: September 12, 2024 2:30 PM Vendor Details Company Name:Tampa Armature Works Address: 6312 78th Street Riverview, FL 33578 Contact:Luis Robles Email:luis.robles@tawinc.com Phone:954-263-1879 Fax:954-263-1879 HST#:45-4241826 Submission Details Created On:Tuesday September 10, 2024 08:26:48 Submitted On:Thursday September 12, 2024 12:04:11 Submitted By:Luis Robles Email:luis.robles@tawinc.com Transaction #:d51212ec-989c-463c-940a-a58f57cf7dd5 Submitter's IP Address:72.187.251.165 Bid Number: UTL24-041 Vendor Name: Tampa Armature Works763 Schedule of Prices The Bidder hereby Bids and offers to enter into the Contract referred to and to supply and do all or any part of the Work which is set out or called for in this Bid, at the unit prices, and/or lump sums, hereinafter stated. *Denotes a "MANDATORY" field Do not enter $0.00 dollars unless you are providing the line item at zero dollars to the Owner (unless otherwise specified). If the line item and/or table is "NON-MANDATORY" and you are not bidding on it, leave the table and/or line item blank.Do not enter a $0.00 dollar value. BID PROPOSAL - DIESEL/PROPANE GENERATOR AND BYPASS PUMP MAINTENANCE AND REPAIR SERVICE - Labor Rate Cost BID PROPOSAL SHEET - Price Proposal Online Form The undersigned declares that they have carefully examined the specifications, and is thoroughly familiar with its provisions and with the quality, type, and grade of service required. The undersigned proposes to deliver the service in accordance with the specifications for “DIESEL/PROPANE GENERATOR AND BYPASS PUMP MAINTENANCE AND REPAIR SERVICE”. Description Unit Rate * Standard Labor Rate: For maintenance/inspection or repairs during normal business hours of Monday through  Friday between the hours of 8:00 A.M. - 5:00 P.M. $ Dollar Per Hour 250.00 * Emergency Labor Rate: For emergency services/repairs during non-business hours as referenced above and  holidays. $ Dollar Per Hour 375.00 * Premium Labor Rate: For service/repairs during a declared emergency in accordance with the City's  Ordinance. $ Dollar Per Hour 500.00 * Material Pricing: Cost Plus (wholesale cost plus percentage) for lubricants, materials, or parts used % percentage Cost Plus 25 * BID PROPOSAL - DIESEL/PROPANE GENERATOR AND BYPASS PUMP MAINTENANCE AND REPAIR SERVICE - Fixed Cost Per Generator BID PROPOSAL SHEET - Price Proposal Online Form The undersigned declares that they have carefully examined the specifications, and is thoroughly familiar with its provisions and with the quality, type, and grade of service required. The undersigned proposes to deliver the service in accordance with the specifications for “DIESEL/PROPANE GENERATOR AND BYPASS PUMP MAINTENANCE AND REPAIR SERVICE”. Description Unit < 75 KW (Less Than) *75 - 260 KW *> 260 KW (Greater Than) * Quarterly or Every 500 Hours Equipment  Inspection Recordkeeping for PBC  Department of Health (Reference: Task1) Fixed Cost per Generator $150.0000 $200.0000 $300.0000 * Annual or Every 500/1000 Hours  Equipment Inspection, Fuel and Oil  Analysis and Testing Recordkeeping for  PBC Department of Health (Reference:  Task 2) Fixed Cost per Generator $625.0000 $720.0000 $2,500.0000 * Installation of Non-Resettable Meter if  required Fixed Cost per Generator $640.0000 $640.0000 $640.0000 * Bid Number: UTL24-041 Vendor Name: Tampa Armature Works764 Confirmation of Minority Owned Business A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form to make it an official part of with your Proposal responses Description Response *Comments Is your company a Minority Owned business?No Please select the appropriate response Not Applicable Do you possess a certification qualifying your  business as a Minority  Owned business? No Issuing organization name Input response in comments box to the right Not applicable * Date of Issuance Input response in comments box to the right Not applicable * Local Business Status Certification I am an authorized representative of the business and, on behalf of the Business, request that it be deemed to be a local business for purposes of the City of Boynton Beach Local Preference Program. Answering yes to Question 1 and Question 2 below will qualify the business as a local business. In support of this request, I certify the following to be true and correct: I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also agree that the business is required to notify the City in writing should it cease to qualify as a local business. By checking the box that you are not submitting for "Local Business Status Certification" you declare that you are not a local business in the City of Boynton Beach. We will not be submitting for Local Business Status Certification Is the business located within the City limits of Boynton Beach, Florida? * Does the business have a business tax receipt issued in the current year? * Is the business registered with the Florida Division of Corporations? * Number of years in business *Business license number * Yes No Yes No Yes No 13 years 24-00065281 Letter of Interest The Letter of Interest shall summarizes the Bidder’s primary qualifications and a firm commitment to provide the proposed services. Line Item Description Response * 1 The Letter of Interest shall summarize the Proposer's  primary qualifications and a firm commitment to  provide the proposed services. TAW Power Systems, Inc. dba, Integrated Power Services, (IPS) is pleased to have  the opportunity to respond to the City of Boynton Beach for Generator Maintenance  and Repair for backup generators.  In our response to Bid No. UTL24-041. TAW  Power Systems, Inc. dba, Integrated Power Services, (IPS) employs over seventy (70)  field service generator technicians, many with Kohler, EGSA and other manufacturer  certifications, based out of seven (7) Service Centers throughout Florida and Alabama.  TAW Power Systems, Inc. is the service provider for several large accounts including  network stations, government entities, hospitals, communication sites, and other crucial  locations. Our service department staff works around the clock to provide any  emergency service required at any time of the day.TAW Power Systems, Inc. dba  Integrated Power Services, (IPS) offers 24x7, 365 day a year contact and support  utilizing personnel at our facilities, not an answering service.  Each evening, telephone  lines are forwarded and manned by either the Branch Service Managers or Service  Coordinators.  They then have the ability to assess the situation, send out the  appropriate technician to provide a response time in order to restore service as  quickly and as practical as possible.  A substantial inventory of the most commonly  replaced parts at each of the branches also assists in reducing any downtime. Bid Number: UTL24-041 Vendor Name: Tampa Armature Works765 References In order to be considered for this project, the Bidder must list the minimum number of three (3) successfully completed or in progress projects within the last five (5) years of similar scope and complexity in the State of Florida, which shows experience and demonstrates expertise in providing the services as stated herein. The City is interested in learning of other firms’ or government agencies’ experiences with your company; as such, please do not list the City of Boynton as a reference. *Note the City will not attempt to correct any of the supplied contact information, it is the responsibility of the Proposer to supply correct reference contact information. If the proposer cannot satisfy the requirements for similar work, the City may reject the bid. Description Reference 1 - Completed or In Progress *Reference 2 - Completed or In Progress *Reference 3 - Completed or In Progress * Name of Firm:City of Port St Lucie Univision St. Lucie County Scope of Work:We perform “Maintenance and Load  bank test” on all the city owned  generators for their facilities. We handle  their rentals, fuel polishing, swap-outs,  repairs and on-site trouble shooting for  their facilities. We have been handling  this contract for over 6 years, We perform “Maintenance and Load  bank test” on all the facility generators.  We handle troubleshooting, diagnostics,  fuel polishing, swap-outs, repairs and on- site trouble shooting for their facility. We perform “Maintenance and Load  bank test” on all the city owned  generators for their facilities. We handle  their rentals, fuel polishing, swap-outs,  repairs and on-site trouble shooting for  their facilities. We have been handling  this contract for over 10 years, Project Location:City wide facilities All facility locations in South Florida County Wide, all county generators Project Lead/Manager:Stephen Mulholland Stephen Mulholland Stephen Mulholland Cost of Service:$37,710.00 Annually $60,000.00 Annually $30,000.00 Annually Start Date of Service:January 2018 January 2016 December 2014 End Date of Service:Current, On-going Current, On-going December 2023 Contact Person:Roger Jacob William Carrol John Hall Title:Facilities Manager Facilities Manager Facilities Manager Email:roger.jacob@cityofpsl.com wcarroll@televisaunivision.com hallj@stlucieco.org Phone #:772-281-9252 305-582-0739 772-999-1658 Subcontractors The Bidder shall state all Subcontractor(s) and type of Work proposed to be used for this project. Bidders shall not indicate “TBD” (To Be Determined) or “TBA” (To Be Announced) or similar wording and shall not indicate multiple choices of Subcontractor names for any Subcontractor category in their list of Subcontractors. Subcontractors The Bidder proposes the following major subcontractors for the major areas of work for the Project. The Bidder is further notified that all subcontractors shall be properly licensed, bondable and shall be required to furnish the City with a Certificate of Insurance in accordance with the contract general conditions. This page may be reproduced for listing additional subcontractors, if required. Owner reserves the right to reject any subcontractors who has previously failed in the proper performance of an award, or failed to deliver on time contracts in a similar nature, or who is not responsible(financial capability, lack of resources, etc.) to perform under this award. Owner reserves the right to inspect all facilities of any subcontractors in order to make a determination as to the foregoing. By clicking here I confirm that there are no Subcontractor(s) and the Bidder shall perform the project with their “OWN FORCES”. Name Address Scope of work license No Contract Amount Percentage (%) of Contract * Documents Ensure your submission document(s) conforms to the following: Documents should NOT have a security password, as City of Boynton Beach may not be able to open the file. It is your sole responsibility to Bid Number: UTL24-041 Vendor Name: Tampa Armature Works766 ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by City of Boynton Beach. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as “Marketing Plan.” If the attached file(s) cannot be opened or viewed, your Bid Call Document may be rejected. DOCUMENTS THAT MUST ACCOMPANY PROPOSAL IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid Form & Bid Bond Documents - Bid Bond - Complete.pdf - Thursday September 12, 2024 11:53:07 Bidder's Qualification Statement - Bidder's Qualification Statement.pdf - Wednesday September 11, 2024 16:00:29 Anti-Kickback Affidavit & Non-Collusion Affidavit of Proposer - Anti-Kickback Affidavit.pdf - Wednesday September 11, 2024 16:00:48 Certification Pursuant to Florida Statute § 287.135 - Certification Pursuant to FL Statute 287.135.pdf - Thursday September 12, 2024 09:08:17 Florida Professional License, including required licenses/certificates and business permits - TAW Power Systems Inc. - City of Pompano Beach Business License.pdf - Wednesday September 11, 2024 16:03:28 E-Verify Form Under Section § 448.095 Florida Statutes - E-Verify Form.pdf - Wednesday September 11, 2024 16:01:25 Affidavit of Compliance with Foreign Entity Laws - Compliance with Foreign Entity Laws.pdf - Wednesday September 11, 2024 16:02:05 Affidavit of Compliance with Anti-Human Trafficking Laws - Compliance with Anti-Human Trafficking Laws.pdf - Wednesday September 11, 2024 16:02:41 Bidder's Site Inspection Confirmation - Bidders Site Inspection Confrmation signed.pdf - Wednesday September 11, 2024 16:03:04 W-9 - W-9 TAW Power Systems March 2024.pdf - Tuesday September 10, 2024 13:47:22 Additional Document - TAW Power Systems Line Card.pdf - Thursday September 12, 2024 11:57:17 Bonding Upload Section Refer to Bid Document ATTENTION ALL INTERESTED BIDDERS: All Vendors are required to submit a five percent (5%) Bid Bond with the Bid Form or the Bid shall be rejected as non-responsive. No bids may be withdrawn for a period of ninety (90) days after the Bid opening. Bids must be accompanied by an acceptable 5% Bid Bond, cash, certified check, or money order. Said bid bond is to be furnished and executed by a surety company of recognized standing, authorized to do business in the State of Florida, and having a Registered Agent in Florida. The bid bond amount shall be 5% of the bid price and shall constitute a guarantee that the VENDOR if awarded the contract, will enter into a written contract with the City to perform this work pursuant to the bid. Bid Bond - Bid Bond - Complete.pdf - Thursday September 12, 2024 11:53:22 Bid Number: UTL24-041 Vendor Name: Tampa Armature Works767 Addenda & Declarations SPECIAL TERMS & CONDITIONS PURPOSE: The intent of this solicitation is to select a successful Vendor to provide all labor, materials, tools, hardware, equipment, and supervision to provide maintenance and repair services for the City’s Diesel / Propane Generators and Bypass Pumps for various locations within the City of Boynton Beach. AWARD: Successful Bidder awarded shall ensure that proper and sufficient staff, equipment, organization, materials, references, and past performance etc. will be provided for this contract to meet the specifications denoted herein at a paramount level. BID TERM: The initial term of the Bid awarded shall be for two (2) years commencing on the date stated in the executed contract. Upon the expiration of the Initial Term or any renewal term, this Agreement shall automatically renew for up to three (3) additional one-year terms (each a “Renewal Term”) unless at least sixty (60) days prior to the renewal date, either party gives the other party written notice of the intent to not renew for the additional term. Both the Initial Term and all Renewal Term(s) shall be collectively referred to as the “Term”. The City reserves the right to extend automatically for a period not to exceed an additional one hundred eighty (180) calendar days by filing a written notice signed by the vendor to the City’s Purchasing Department in order to provide the City with continuing service without further Commission action. At no time shall this extended transitional period extend more than one hundred eighty (180) calendar days beyond the expiration date of the existing Contract/Agreement. The Vendor will be reimbursed for the services at the rate in effect when this transitional period clause was invoked. EQUITABLE ADJUSTMENT: The City may, in its sole discretion, make an equitable adjustment in the Contract Terms and Conditions and/or pricing. If pricing or availability of supply is affected by extreme or unforeseen volatility in the marketplace that satisfies all the following criteria: 1. the volatility is due to causes wholly beyond the successful BIDDER’s control; 2. the volatility affects the marketplace or industry, not just the particular successful BIDER’s source of supply 3. the effect on pricing or availability of supply is substantial; 4. the volatility so affects the successful BIDDER that continued performance of the contract would result in substantial loss. Prices quoted shall be firm for a two (2) year term period. No price increase shall be accepted in this initial bid term. Please consider this when providing pricing for this Bid. Price increase will be subject to the City’s approval at one (1) year renewals. Any requested price adjustment shall be written, fully documented, and submitted to the City for consideration at least 60 calendar days prior to the bid term anniversary date. The price increase percentage change shall not exceed the previous 1-year’s percentage change of the Consumer Price Index for All Urban Consumers (CPI-U) published by the U.S. Department of Labor’s Bureau of Labor Statistics, or a maximum of five percent (5%). Any approved price adjustments shall become effective on the beginning date of the approved bid extension. Price adjustment for any one-year term will be subject to City’s Commission approval. The City of Boynton Beach reserves the right to approve a price increase within this award. In the event, after examination the City does not wish to accept the adjusted price increase and the matter cannot be resolved to the satisfaction of the City, the contract will be considered canceled on the contract/agreement expiration date. If, at the point of exercising a price increase, market media indicators show that the prices have decreased, and that the Awardee has not passed the decrease on to the City of Boynton Beach, the City reserves the right to place the Awardee in default and cancel the contract/agreement. MATERIAL PRICING AT COST PLUS: The price of the materials sold to the City of Boynton Beach as a result of this bid award shall be based on the bidder’s cost of the actual items. Contractor’s proposed percentage to be added to wholesale cost of materials only. Shipping costs to be added to wholesale cost plus percentage. Copies of invoices for materials to be provided with statements issued to the City for labor and materials. The City of Boynton Beach reserves the right, before awarding the Contract to require a bidder to submit such evidence of qualifications as it may deem necessary, and may consider any evidence available to it of the financial, technical and other qualifications and abilities of a bidder, including past performance (experience) with the City in making the award in the best interest of the City. The City, by written notice, may terminate in whole or in part, any Contract resulting from the invitation to bid, when such action is in the best interest of the City. If the Contract(s) are so terminated, the City shall be liable for payment for services rendered prior to the effective date of termination. Services rendered will be interpreted to include costs of items already delivered plus reasonable costs of supply actions short of delivery. INSURANCE: It shall be the responsibility of the successful Vendor to maintain workers’ compensation insurance, property damage, liability insurance, and vehicular liability insurance, during the time any of vendor’s personnel are working on the City of Boynton Beach property. The vendor shall furnish the City with a certificate of insurance after award has been made prior to the start of any work on City property. Said insured companies must be authorized to do business in the State of Florida and the City will not accept any company that has a rating less Bid Number: UTL24-041 Vendor Name: Tampa Armature Works768 than B+ in accordance to A.M. Best’s Key Rating Guide, latest edition. INVOICING AND PAYMENT: Payment for any and all invoice(s) that may arise as a result of a contract or purchase order issued pursuant to this ITB shall minimally meet the following conditions to be considered as a valid payment request. Timely submission of a properly certified invoice(s) in strict accordance with the price(s) and delivery elements as stipulated in the Contract document should be submitted to: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Email: Utilitiesfinance@bbfl.us ; AP@bbfl.us All invoices submitted shall consist of as follows: Clearly referenced the subject Contract or Purchase Order number; Provide sufficient salient description to identify the goods and services for which payment is requested; Contain date of delivery; Original or legible copy of a signed delivery receipt including both manual signature and printed name of the designated City employee or authorized agent; be clearly marked as “partial”, “complete”, or “final invoice.” The City will accept partial deliveries. The invoice shall contain the Bidder’s Federal Employer Identification Number. The City’s terms of payment, unless otherwise stated in the Contract Documents are “Net 30 Days” after acceptance of goods or services and receipt of an acceptable invoice as described herein. Any other items of payment must have been previously approved by the City and appear on the Contract or Purchase Order document to be binding on the City. Should the City return an invoice for correction, the Vendor shall re- submit a corrected invoice to the City for processing. It will be the sole responsibility of the Vendor to properly dispose of all construction debris at an authorized landfill and all incurred costs shall be borne by the Vendor. All work areas must meet safety requirements for pedestrian and vehicular traffic and must be left in a clean and orderly manner. All grass areas and/or private property that are damaged while work area is under construction shall be restored as found by the Vendor prior to leaving the work areas after completion of work. It is recommended that the Vendor keep a before and after picture history, at no cost to the City, should any questions arise and be made available to the Project Manager if needed. All work must meet or exceed the State of Florida Department of Transportation Applicable Standards including the Florida Building Code and City of Boynton Beach Standards. The supervision of the execution of this Contract is vested wholly in the Project Manager or his representative, and the orders of the City Commission and/or Utilities Director are to be given through him. The instructions of the Project Manager or his representative are to be strictly and promptly followed in every case. The Vendor may designate a foreman or other representative to receive such instructions in his absence, and failing to do so, he will be held responsible for the execution of any instructions it may be necessary to give in his absence. The Project Manager or his representative is to have free access to the materials and the work at all times for laying out, measuring, inspecting, or oversight of the same, and the Vendor is to afford him all necessary facilities and assistance for so doing. To prevent all disputes and litigation, it is agreed by the parties hereto that the Utilities Director or City representative shall decide all questions, difficulties, and disputes of any nature which may arise relative to the interpretation of the specifications, construction, prosecution and fulfillment of the contract and task orders, and as to the character, quality, amount and value of any work done and materials furnished under or by reason of the Contract, and his estimates and decisions upon all claims, questions, and disputes shall be final and conclusive upon the parties hereto. Time is an essential element of the contract and as delay in the execution of work will inconvenience and possibly endanger the public, obstruct traffic, and interfere with business, it is important that once work commences at any site, it be carried through to completion without delays or suspension of operations unless deemed to be necessary by the Project Manager or Inspector. In the event any delays or suspension of operations occur, the City reserves the right to hire off-duty police, erect barricades, or take whatever actions are necessary to provide for the safety of the site. All costs involved in doing so shall be just claims against the Vendor or the Vendor’s Performance and Payment Bond. By submitting a bid, the Vendor agrees to the conditions as stated above. PLANS AND SPECIFICATIONS: The specifications and all other documentation that make up and constitute the contract shall be followed in strict accordance as to work, material, and dimensions except when the Utilities Project Manager may authorize in writing an exception. Measurement discrepancies shall be decided upon by the Utilities Project Manager or his representative and the Vendor shall not proceed when in doubt as to any dimension or measurement. RESTORATION OF PROPERTY: Property, public or private, if damaged during construction or removed for the convenience of the work shall be repaired or replaced at the expense of the Vendor in a manner acceptable to the Utilities Project Manager, prior to the final acceptance of the work. Such facilities shall include but are not limited to: signalization equipment and miscellaneous hardware removed from the construction site, driveways, walkways, walls, fences, mailboxes, sod, landscaping, irrigation systems, footings, or underground utilities. DELAYS: a. If the Vendor should be delayed in the progress of the work included in the Contract by unforeseeable causes beyond his control, the time for completion of the work may be extended by the Utilities Project Manager or his representative. Requests for extensions of time must be submitted in writing to the Utilities Project Manager or his representative within seven (7) days from the Vendor’s knowledge of a delay. Bid Number: UTL24-041 Vendor Name: Tampa Armature Works769 Vendor shall not receive any compensation for additional time required to complete the work as a result of any delay. b. The Vendor shall assume all risks resulting from delays except that should the City, by act or omission, intentionally and without reason, cause delays which result in actual loss to the Vendor. Reimbursement thereof may be adjusted and allowed by the City only after being notified in writing by the Vendor at the time of the delay and after being given an opportunity to verify such money losses as they occur. No payment or adjustment will be allowed to the Vendor as reimbursement for any other delays whatsoever; regardless of by what or by whom caused, even though by other Vendors on the same work, or by times, seasons, or weather; other than amounts provided in the Contract for payment which shall be understood to include and cover all risks due to delays except as stated in the foregoing. c. If the Vendor fails to start the work within the time specified, and if the City should nevertheless permit the Vendor to continue and complete the same without official extension of time in writing, such permission shall not modify nor waive any liability of the Vendor for damages arising from non-completion of work within the time limit, but all such liabilities shall be subject to continuation in full force against the Vendor. d. Liability of the Vendor will include any claim by any person for bodily or property damage after the Notice to Proceed was given for the requested work. The Bidder hereby acknowledges and agrees: 1. To provide all goods, services, and construction, as more specifically set out and in accordance with the solicitation, including but not limited to the scope of work, specifications, drawings, Addenda (if issued by the Owner), the terms and conditions, etc. stated therein, which are expressly acknowledged and made part of this Contract. 2. This Bid is made without any connections, knowledge, comparison of figures, or arrangements with any other company, firm, or person making a Bid for the same Work and is in all respects fair and without collusion or fraud. 3. I/WE do hereby Bid and offer to enter into a Contract to do all the Work as specified in the solicitation which shall include all costs but not limited to; freight, duty, currency, etc. in accordance with the prices and terms as submitted by the Bidder herein. 4. If I/WE withdraw this Bid before the formal Contract is executed by the Awarded Bidder for the said Work or One Hundred Twenty (120) Calendar Days, whichever event first occurs, the amount of the Bid Bond accompanying this Bid (if applicable to this bid) shall be forfeited to the Owner. 5. I/WE acknowledge and agree that any issued Addendum/Addenda forms part of the solicitation. 6. I/WE (including any related or affiliated entities and any principal thereof) have no unresolved litigation with the Owner. Palm Beach County Inspector General Acknowledgement The Consultant is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Consultant Agreement, and in furtherance thereof may demand and obtain records and testimony from the Consultant and its sub-consultants and lower tier sub-consultants. The Consultant understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Consultant or its subconsultants or lower tier sub-consultants to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. Confirmation of Drug Free Workplace Preference shall be given to businesses with drug-free workplace programs. Whenever two or more submittals which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a submittal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie submittals will be followed if none of the tied vendors have a drug- free workplace program. In order to have a drug-free workplace program, a business shall: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. Give each employee engaged in providing the commodities or contractual services that are under submittal a copy of the statement specified in subsection (1). In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under submittal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or- plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in Bid Number: UTL24-041 Vendor Name: Tampa Armature Works770 the workplace no later than 5 days after such conviction. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee’s community by, any employee who is so convicted. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. I/We have the authority to bind the Company and submit this Bid on behalf of the Bidder. - John St Louis, Director of Operations, TAW Power Systems, Inc. d/b/a Integrated Power Services (IPS) The bidder shall declare any potential or actual conflict of interest that could arise from Bidding on this Bid. Do you have a conflict of interest? Yes No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document Please check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda. File Name I have reviewed the below addendum and attachments (if applicable) Pages Addendum No. 3 - UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services Tue September 10 2024 08:54 AM 1 Addendum No. 2 Clarifications - UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services Fri September 6 2024 03:40 PM 2 Addendum No. 1 - UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services Tue August 27 2024 02:59 PM 1 Bid Number: UTL24-041 Vendor Name: Tampa Armature Works771 772 773 774 775 776 777 778 779 780 781 782 783 784 785 786 787 788 789 790 791 792 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 5/31/2024 Edgewood Partners Ins Center One State Street Plaza New York NY 10004 Certificate Unit 404-781-1700 certificate@epicbrokers.com License#: 0B29370 Starr Indemnity & Liability Company 38318 IPSLLC Integrated Power Services, LLC. and subsidiary companies as listed in the accompanying attachment 250 Executive Center Drive, Suite 201 Greenville SC 29615 1101630137 A X 1,000,000 X 1,000,000 100,000 1,000,000 2,000,000 X X Y Y 1000090494241 6/1/2024 6/1/2025 2,000,000 A 2,000,000 X X X Y Y 1000198911241 6/1/2024 6/1/2025 A X X 10,000,000Y10000954502416/1/2024Y 6/1/2025 10,000,000 A X N Y 100 0002837 6/1/2024 6/1/2025 1,000,000 1,000,000 1,000,000 The City of Boynton Beach, its officers, employees and agents, to the extent required by written contract are additional insured. Boynton Beach Utilities, City of Boynton Beach 124 E. Woolbright Rd. Boynton Beach FL 33435 793 Integrated Power Services LLC Attachment to Certificate of Insurance June 1, 2024 – June 1, 2025 U.S. Subsidiaries Integrated Power Services, LLC Integrated Power Services Holdings, Inc. Integrated Power Services Intermediate Holdings, Inc. 6312 South 78th Street LLC A+ Electric Motor, Inc Bay Area Investments Inc C.H.W. Enterprises LLC dba Industrial Electric Machinery Charter Contact & Supply, LLC Cleveland Rebabbitting Services, Inc. Continental Electric Motor Parts And Repairs, LLC Delta Electric Motors, Inc. Eastside Electric Motors, LLC Electric Motor Services Limited Electro-Mec, Inc. EPIC Manufacturing Solutions d/b/a Wind Solutions, LLC Evans Enterprises, Inc Excel Apparatus Services, Inc Glassport Realty, Ltd Griggs Associates, LLC Industrial Electric Motor Works, Inc Industrial Panel Company, LLC KTS Holdings, LLC Lighthouse Global Energy, LLC MG-LG Properties, LLC Mid-South Electrical Supply, LLC Monarch Electric Services Company Monarch Electric, LLC National Electrical Services, Inc. Dba National Field Services National Switchgear Holding LLC National Switchgear Systems, Inc. Pennsylvania Electric Coil, Ltd Pompano Power and Marine LLC Power Services Holding Company, Inc. 794 Precision Electrical Motor Works, Inc. R.A. Reed Electric Company LLC Reed Electric & Field Services Rotek Services, Inc. Sailfish Reef LLC Snook Holdings LLC South-East Switchgear, LLC Southland Automation, LLC Southland Electrical Supply Co., Inc. Southland Equipment Rental, LLC Tampa Armature Works Inc Tampa Armature Works, Inc-DBA TAW Custom Equipment Tampa Armature Works, Inc-DBA TAW Equipment Services Tampa Armature Works, Inc-DBA TAW Tampa Services Center TAW Georgia Services Center Inc TAW Holding Group, Inc (Parent) TAW Inc TAW IP Inc TAW Jacksonville Service Center Inc TAW Jacksonville Service Center Real Estate LLC TAW Lake City Service Center Inc TAW Lakeland TFS Real Estate LLC TAW Miami Service Center Inc TAW Orlando Service Center Inc TAW Orlando Service Center Real Estate LLC TAW Payroll TAW Power Systems, Inc. TAW Real Estate Holding LLC TAW Tampa Service Center Real Estate LLC TAW Technical Field Services Inc Trico TCWind, Inc. Wind Solutions, LLC Canada Subsidiaries Integrated Power Services Canada Inc. Integrated Power Services, Inc. A/O KVA DYNAME INC. A/O B.B. DYNAMO & ARMATURE LTD. A/O KING'S ELECTRIC MOTORS LTD. Tesco Industries, Inc. Surplec Inc. Electric Motor Service Limited 795 796 797 General Manager <ŽŚůĞƌWŽǁĞƌ^LJƐƚĞŵƐ Channel DĂŶĂŐĞƌ <ŽŚůĞƌWŽǁĞƌ^LJƐƚĞŵƐCompleted on thisday ofKPS /($51,1*$&$'(0<7KLVLVWRacknowledge WKDWafter completing the Kohler required training is now certified as aDavid VillaGaseous Engine Service Technician I2ndJuly 2022798 General Manager <ŽŚůĞƌWŽǁĞƌ^LJƐƚĞŵƐ Channel DĂŶĂŐĞƌ <ŽŚůĞƌWŽǁĞƌ^LJƐƚĞŵƐCompleted on thisday ofKPS /($51,1*$&$'(0<7KLVLVWRacknowledge WKDWafter completing the Kohler required training is now certified as aDavid VillaLarge Diesel Engine Service Technician II13th February 2024 799 General Manager <ŽŚůĞƌWŽǁĞƌ^LJƐƚĞŵƐ Channel DĂŶĂŐĞƌ <ŽŚůĞƌWŽǁĞƌ^LJƐƚĞŵƐCompleted on thisday ofKPS /($51,1*$&$'(0<7KLVLVWRacknowledge WKDWafter completing the Kohler required training is now certified as aDavid VillaSmall Diesel Engine Service Technician II31st August 2023 800 General Manager <ŽŚůĞƌWŽǁĞƌ^LJƐƚĞŵƐ Channel DĂŶĂŐĞƌ <ŽŚůĞƌWŽǁĞƌ^LJƐƚĞŵƐCompleted on thisday ofKPS /($51,1*$&$'(0<7KLVLVWRacknowledge WKDWafter completing the Kohler required training is now certified as aDavid VillaIndustrial Power Systems Service Technician I4th September 2023 801 General Manager <ŽŚůĞƌWŽǁĞƌ^LJƐƚĞŵƐ Channel DĂŶĂŐĞƌ <ŽŚůĞƌWŽǁĞƌ^LJƐƚĞŵƐCompleted on thisday ofKPS /($51,1*$&$'(0<7KLVLVWRacknowledge WKDWafter completing the Kohler required training is now certified as aRoy ArnoldIndustrial Power Systems Service Technician III23rd January 2023 802 General Manager <ŽŚůĞƌWŽǁĞƌ^LJƐƚĞŵƐ Channel DĂŶĂŐĞƌ <ŽŚůĞƌWŽǁĞƌ^LJƐƚĞŵƐCompleted on thisday ofKPS /($51,1*$&$'(0<7KLVLVWRacknowledge WKDWafter completing the Kohler required training is now certified as aRoy ArnoldGaseous Engine Service Technician I16thJuly 2019803 General Manager <ŽŚůĞƌWŽǁĞƌ^LJƐƚĞŵƐ Channel DĂŶĂŐĞƌ <ŽŚůĞƌWŽǁĞƌ^LJƐƚĞŵƐCompleted on thisday ofKPS /($51,1*$&$'(0<7KLVLVWRacknowledge WKDWafter completing the Kohler required training is now certified as aRoy ArnoldLarge Diesel Engine Service Technician II24th January 2023 804 Roy ArnoldKD Series K148 Diesel Engines (KD700-KD750)20th March 2024 805 General Manager <ŽŚůĞƌWŽǁĞƌ^LJƐƚĞŵƐ Channel DĂŶĂŐĞƌ <ŽŚůĞƌWŽǁĞƌ^LJƐƚĞŵƐCompleted on thisday ofKPS /($51,1*$&$'(0<7KLVLVWRacknowledge WKDWafter completing the Kohler required training is now certified as aRoy ArnoldIndustrial Power Systems Service Technician III24th January 2023 806 General Manager <ŽŚůĞƌWŽǁĞƌ^LJƐƚĞŵƐ Channel DĂŶĂŐĞƌ <ŽŚůĞƌWŽǁĞƌ^LJƐƚĞŵƐCompleted on thisday ofKPS /($51,1*$&$'(0<7KLVLVWRacknowledge WKDWafter completing the Kohler required training is now certified as aTyler SanabriaGaseous Engine Service Technician I14th December 2023 807 General Manager <ŽŚůĞƌWŽǁĞƌ^LJƐƚĞŵƐ Channel DĂŶĂŐĞƌ <ŽŚůĞƌWŽǁĞƌ^LJƐƚĞŵƐCompleted on thisday ofKPS /($51,1*$&$'(0<7KLVLVWRacknowledge WKDWafter completing the Kohler required training is now certified as aTyler SanabriaLarge Diesel Engine Service Technician I22nd January 2024 808 General Manager <ŽŚůĞƌWŽǁĞƌ^LJƐƚĞŵƐ Channel DĂŶĂŐĞƌ <ŽŚůĞƌWŽǁĞƌ^LJƐƚĞŵƐCompleted on thisday ofKPS /($51,1*$&$'(0<7KLVLVWRacknowledge WKDWafter completing the Kohler required training is now certified as aTyler SanabriaSmall Diesel Engine Service Technician I22nd January 2024 809 General Manager <ŽŚůĞƌWŽǁĞƌ^LJƐƚĞŵƐ Channel DĂŶĂŐĞƌ <ŽŚůĞƌWŽǁĞƌ^LJƐƚĞŵƐCompleted on thisday ofKPS /($51,1*$&$'(0<7KLVLVWRacknowledge WKDWafter completing the Kohler required training is now certified as aTyler SanabriaIndustrial Power Systems Service Technician I8thMarch 2024810 UTL24-041 - Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services Opening Date: August 19, 2024 8:00 AM Closing Date: September 12, 2024 2:30 PM Vendor Details Company Name:Megawattage LLC Address: 850 SW 21 Terrace Fort Lauderdale, FL 33312 Contact:David Brenner Email:dbrenner@megawattage.com Phone:305-632-3273 HST#:06-1788554 Submission Details Created On:Wednesday September 11, 2024 10:36:03 Submitted On:Wednesday September 11, 2024 13:28:28 Submitted By:David Brenner Email:dbrenner@megawattage.com Transaction #:79321865-f707-4800-8ced-3f682de34c21 Submitter's IP Address:71.196.97.74 Bid Number: UTL24-041 Vendor Name: Megawattage LLC811 Schedule of Prices The Bidder hereby Bids and offers to enter into the Contract referred to and to supply and do all or any part of the Work which is set out or called for in this Bid, at the unit prices, and/or lump sums, hereinafter stated. *Denotes a "MANDATORY" field Do not enter $0.00 dollars unless you are providing the line item at zero dollars to the Owner (unless otherwise specified). If the line item and/or table is "NON-MANDATORY" and you are not bidding on it, leave the table and/or line item blank.Do not enter a $0.00 dollar value. BID PROPOSAL - DIESEL/PROPANE GENERATOR AND BYPASS PUMP MAINTENANCE AND REPAIR SERVICE - Labor Rate Cost BID PROPOSAL SHEET - Price Proposal Online Form The undersigned declares that they have carefully examined the specifications, and is thoroughly familiar with its provisions and with the quality, type, and grade of service required. The undersigned proposes to deliver the service in accordance with the specifications for “DIESEL/PROPANE GENERATOR AND BYPASS PUMP MAINTENANCE AND REPAIR SERVICE”. Description Unit Rate * Standard Labor Rate: For maintenance/inspection or repairs during normal business hours of Monday through  Friday between the hours of 8:00 A.M. - 5:00 P.M. $ Dollar Per Hour 105.93 * Emergency Labor Rate: For emergency services/repairs during non-business hours as referenced above and  holidays. $ Dollar Per Hour 158.90 * Premium Labor Rate: For service/repairs during a declared emergency in accordance with the City's  Ordinance. $ Dollar Per Hour 158.90 * Material Pricing: Cost Plus (wholesale cost plus percentage) for lubricants, materials, or parts used % percentage Cost Plus 20 * BID PROPOSAL - DIESEL/PROPANE GENERATOR AND BYPASS PUMP MAINTENANCE AND REPAIR SERVICE - Fixed Cost Per Generator BID PROPOSAL SHEET - Price Proposal Online Form The undersigned declares that they have carefully examined the specifications, and is thoroughly familiar with its provisions and with the quality, type, and grade of service required. The undersigned proposes to deliver the service in accordance with the specifications for “DIESEL/PROPANE GENERATOR AND BYPASS PUMP MAINTENANCE AND REPAIR SERVICE”. Description Unit < 75 KW (Less Than) *75 - 260 KW *> 260 KW (Greater Than) * Quarterly or Every 500 Hours Equipment  Inspection Recordkeeping for PBC  Department of Health (Reference: Task1) Fixed Cost per Generator $211.8600 $211.8600 $211.8600 * Annual or Every 500/1000 Hours  Equipment Inspection, Fuel and Oil  Analysis and Testing Recordkeeping for  PBC Department of Health (Reference:  Task 2) Fixed Cost per Generator $1,127.6700 $1,603.8200 $5,200.7000 * Installation of Non-Resettable Meter if  required Fixed Cost per Generator $500.0000 $500.0000 $500.0000 * Bid Number: UTL24-041 Vendor Name: Megawattage LLC812 Confirmation of Minority Owned Business A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form to make it an official part of with your Proposal responses Description Response *Comments Is your company a Minority Owned business?No Please select the appropriate response Not Applicable Do you possess a certification qualifying your  business as a Minority  Owned business? No Issuing organization name Input response in comments box to the right Not Applicable * Date of Issuance Input response in comments box to the right Not Applicable * Local Business Status Certification I am an authorized representative of the business and, on behalf of the Business, request that it be deemed to be a local business for purposes of the City of Boynton Beach Local Preference Program. Answering yes to Question 1 and Question 2 below will qualify the business as a local business. In support of this request, I certify the following to be true and correct: I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also agree that the business is required to notify the City in writing should it cease to qualify as a local business. By checking the box that you are not submitting for "Local Business Status Certification" you declare that you are not a local business in the City of Boynton Beach. We will not be submitting for Local Business Status Certification Is the business located within the City limits of Boynton Beach, Florida? * Does the business have a business tax receipt issued in the current year? * Is the business registered with the Florida Division of Corporations? * Number of years in business *Business license number * Yes No Yes No Yes No 20 379-330070 Bid Number: UTL24-041 Vendor Name: Megawattage LLC813 Letter of Interest The Letter of Interest shall summarizes the Bidder’s primary qualifications and a firm commitment to provide the proposed services. Line Item Description Response * 1 The Letter of Interest shall summarize the Proposer's  primary qualifications and a firm commitment to  provide the proposed services. Megawattage LLC 850 SW 21 Terrace Fort Lauderdale, FL 33312 To City of Boynton Beach, Thank you for the opportunity to service your power generation needs. We understand  the proposed work to be performed is quarterly generator maintenance for The City of  Boynton Beach. Our objective is to ensure that these generators are Fully Mission  Capable not only during Hurricane Season but throughout the year for unexpected  natural or unnatural disasters.  Megawattage has been servicing generators in South Florida for 20 years, and we are  the largest turnkey power generator rental and reservation, maintenance, and repair  company in South Florida. Our rental and reservation programs are designed for the  Hurricane season with the largest inventory of generators (20KW – 3000KW). We  possess the knowledge and equipment to deploy a generator to wherever it is  needed, and we take great pride in our ability to always answer the phone and swiftly  respond with the help our clients require during power emergencies. We are ready  with the cables, the transfer switches, the trucks and trailers, the heavy machinery, the  light equipment, the manpower and the training to install generators and restore power.      We are known for disaster relief and emergency response. Our blue-chip client list  includes well known organizations, including the FEMA and the U.S. Government, luxury  condominiums, cold storage facilities and many other businesses within the continental  U.S. Our reputation precedes us as the reliable company to call during a crisis.   If Megawattage is awarded this contract, we will immediately begin the service with  the following list of protocols: •    Provide the City of Boynton Beach with the necessary contact numbers for our  service team, who is available 24/7 to respond to emergency service calls •    Maintain an inventory of spare filters, belts, hoses, oil, coolant, and other  necessary supplies for urgent maintenance and repair in our 16,000 square foot  warehouse in Fort Lauderdale •    Guarantee all our technicians are up to date with maintenance certifications •    Guarantee Megawattage LLC is up to date with business licenses and  certifications •    Prepare our technicians to visit Boynton Beach generators according to the  quarterly and annual maintenance schedule.  Thank you again for the opportunity to offer our services. We look forward to working  with you in the future.  Sincerely,  David Brenner 954-328-0232 dbrenner@megawattage.com Bid Number: UTL24-041 Vendor Name: Megawattage LLC814 References In order to be considered for this project, the Bidder must list the minimum number of three (3) successfully completed or in progress projects within the last five (5) years of similar scope and complexity in the State of Florida, which shows experience and demonstrates expertise in providing the services as stated herein. The City is interested in learning of other firms’ or government agencies’ experiences with your company; as such, please do not list the City of Boynton as a reference. *Note the City will not attempt to correct any of the supplied contact information, it is the responsibility of the Proposer to supply correct reference contact information. If the proposer cannot satisfy the requirements for similar work, the City may reject the bid. Description Reference 1 - Completed or In Progress *Reference 2 - Completed or In Progress *Reference 3 - Completed or In Progress * Name of Firm:City of Weston Town of Pembroke Park University of Miami Scope of Work:Quarterly and annual maintenance  services and repairs for the City of  Weston governmental buildings, fire  stations, lift stations, and portable  generators Quarterly and annual maintenance  services and repairs for the Town of  Pembroke Park governmental buildings  and pump stations Quarterly and annual maintenance  services and repairs for all (28-31)  standby backup power generation units  for the University of Miami Project Location:City of Weston, Florida Pembroke Park, Florida Coral Gables, Florida Project Lead/Manager:Gary Garofalo Stephanie Woodbury Mike Perdomo Cost of Service:$105.93/hr Contract Rates per generator for  Oil/Filter Change, Load Banking, and  other services $105.93/hr Contract Rates per generator for  Oil/Filter Change, Load Banking, and  other services $150/hr Contract Rates per generator for  Oil/Filter Change, Load Banking, and  other services Start Date of Service:2018- Current 2024-Current 2017 - Current End Date of Service:Option Renews in October 2024 for 5  Years Option Renews in February 2025 Option Renews in May 2025 Contact Person:Gary Garofalo Stephanie Woodbury Ernie Alzola Title:Facilities Maintenance Manager Executive Assistant to the Public  Services Director Facilities Electrician Email:ggarofalo@westonfl.org swoodbury@tppfl.gov exa487@miami.edu Phone #:(954) 385-2600 954-540-5903 305-467-1803 Subcontractors The Bidder shall state all Subcontractor(s) and type of Work proposed to be used for this project. Bidders shall not indicate “TBD” (To Be Determined) or “TBA” (To Be Announced) or similar wording and shall not indicate multiple choices of Subcontractor names for any Subcontractor category in their list of Subcontractors. Subcontractors The Bidder proposes the following major subcontractors for the major areas of work for the Project. The Bidder is further notified that all subcontractors shall be properly licensed, bondable and shall be required to furnish the City with a Certificate of Insurance in accordance with the contract general conditions. This page may be reproduced for listing additional subcontractors, if required. Owner reserves the right to reject any subcontractors who has previously failed in the proper performance of an award, or failed to deliver on time contracts in a similar nature, or who is not responsible(financial capability, lack of resources, etc.) to perform under this award. Owner reserves the right to inspect all facilities of any subcontractors in order to make a determination as to the foregoing. By clicking here I confirm that there are no Subcontractor(s) and the Bidder shall perform the project with their “OWN FORCES”. Name Address Scope of work license No Contract Amount Percentage (%) of Contract * Documents Bid Number: UTL24-041 Vendor Name: Megawattage LLC815 Ensure your submission document(s) conforms to the following: Documents should NOT have a security password, as City of Boynton Beach may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by City of Boynton Beach. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as “Marketing Plan.” If the attached file(s) cannot be opened or viewed, your Bid Call Document may be rejected. DOCUMENTS THAT MUST ACCOMPANY PROPOSAL IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid Form & Bid Bond Documents - Bid Form and Bond.pdf - Wednesday September 11, 2024 11:51:19 Bidder's Qualification Statement - Bidder Qualification Statement.pdf - Wednesday September 11, 2024 11:51:29 Anti-Kickback Affidavit & Non-Collusion Affidavit of Proposer - Anti-Kickback and Collusion.pdf - Wednesday September 11, 2024 11:52:00 Certification Pursuant to Florida Statute § 287.135 - Statute 287.135.pdf - Wednesday September 11, 2024 11:52:09 Florida Professional License, including required licenses/certificates and business permits - Business License and Certification.pdf - Wednesday September 11, 2024 11:52:43 E-Verify Form Under Section § 448.095 Florida Statutes - e-Verify.pdf - Wednesday September 11, 2024 11:52:52 Affidavit of Compliance with Foreign Entity Laws - Foreign Entity Law.pdf - Wednesday September 11, 2024 11:53:02 Affidavit of Compliance with Anti-Human Trafficking Laws - Trafficking Law.pdf - Wednesday September 11, 2024 11:53:18 Bidder's Site Inspection Confirmation - Bidders Inspection.pdf - Wednesday September 11, 2024 11:53:43 W-9 - 2024 W-9.pdf - Wednesday September 11, 2024 11:53:56 Additional Document (optional) Bonding Upload Section Refer to Bid Document ATTENTION ALL INTERESTED BIDDERS: All Vendors are required to submit a five percent (5%) Bid Bond with the Bid Form or the Bid shall be rejected as non-responsive. No bids may be withdrawn for a period of ninety (90) days after the Bid opening. Bids must be accompanied by an acceptable 5% Bid Bond, cash, certified check, or money order. Said bid bond is to be furnished and executed by a surety company of recognized standing, authorized to do business in the State of Florida, and having a Registered Agent in Florida. The bid bond amount shall be 5% of the bid price and shall constitute a guarantee that the VENDOR if awarded the contract, will enter into a written contract with the City to perform this work pursuant to the bid. Bid Bond - Mega - Boynton Generator & Digitally Executed.pdf - Wednesday September 11, 2024 13:25:39 Bid Number: UTL24-041 Vendor Name: Megawattage LLC816 Addenda & Declarations SPECIAL TERMS & CONDITIONS PURPOSE: The intent of this solicitation is to select a successful Vendor to provide all labor, materials, tools, hardware, equipment, and supervision to provide maintenance and repair services for the City’s Diesel / Propane Generators and Bypass Pumps for various locations within the City of Boynton Beach. AWARD: Successful Bidder awarded shall ensure that proper and sufficient staff, equipment, organization, materials, references, and past performance etc. will be provided for this contract to meet the specifications denoted herein at a paramount level. BID TERM: The initial term of the Bid awarded shall be for two (2) years commencing on the date stated in the executed contract. Upon the expiration of the Initial Term or any renewal term, this Agreement shall automatically renew for up to three (3) additional one-year terms (each a “Renewal Term”) unless at least sixty (60) days prior to the renewal date, either party gives the other party written notice of the intent to not renew for the additional term. Both the Initial Term and all Renewal Term(s) shall be collectively referred to as the “Term”. The City reserves the right to extend automatically for a period not to exceed an additional one hundred eighty (180) calendar days by filing a written notice signed by the vendor to the City’s Purchasing Department in order to provide the City with continuing service without further Commission action. At no time shall this extended transitional period extend more than one hundred eighty (180) calendar days beyond the expiration date of the existing Contract/Agreement. The Vendor will be reimbursed for the services at the rate in effect when this transitional period clause was invoked. EQUITABLE ADJUSTMENT: The City may, in its sole discretion, make an equitable adjustment in the Contract Terms and Conditions and/or pricing. If pricing or availability of supply is affected by extreme or unforeseen volatility in the marketplace that satisfies all the following criteria: 1. the volatility is due to causes wholly beyond the successful BIDDER’s control; 2. the volatility affects the marketplace or industry, not just the particular successful BIDER’s source of supply 3. the effect on pricing or availability of supply is substantial; 4. the volatility so affects the successful BIDDER that continued performance of the contract would result in substantial loss. Prices quoted shall be firm for a two (2) year term period. No price increase shall be accepted in this initial bid term. Please consider this when providing pricing for this Bid. Price increase will be subject to the City’s approval at one (1) year renewals. Any requested price adjustment shall be written, fully documented, and submitted to the City for consideration at least 60 calendar days prior to the bid term anniversary date. The price increase percentage change shall not exceed the previous 1-year’s percentage change of the Consumer Price Index for All Urban Consumers (CPI-U) published by the U.S. Department of Labor’s Bureau of Labor Statistics, or a maximum of five percent (5%). Any approved price adjustments shall become effective on the beginning date of the approved bid extension. Price adjustment for any one-year term will be subject to City’s Commission approval. The City of Boynton Beach reserves the right to approve a price increase within this award. In the event, after examination the City does not wish to accept the adjusted price increase and the matter cannot be resolved to the satisfaction of the City, the contract will be considered canceled on the contract/agreement expiration date. If, at the point of exercising a price increase, market media indicators show that the prices have decreased, and that the Awardee has not passed the decrease on to the City of Boynton Beach, the City reserves the right to place the Awardee in default and cancel the contract/agreement. MATERIAL PRICING AT COST PLUS: The price of the materials sold to the City of Boynton Beach as a result of this bid award shall be based on the bidder’s cost of the actual items. Contractor’s proposed percentage to be added to wholesale cost of materials only. Shipping costs to be added to wholesale cost plus percentage. Copies of invoices for materials to be provided with statements issued to the City for labor and materials. The City of Boynton Beach reserves the right, before awarding the Contract to require a bidder to submit such evidence of qualifications as it may deem necessary, and may consider any evidence available to it of the financial, technical and other qualifications and abilities of a bidder, including past performance (experience) with the City in making the award in the best interest of the City. The City, by written notice, may terminate in whole or in part, any Contract resulting from the invitation to bid, when such action is in the best interest of the City. If the Contract(s) are so terminated, the City shall be liable for payment for services rendered prior to the effective date of termination. Services rendered will be interpreted to include costs of items already delivered plus reasonable costs of supply actions short of delivery. INSURANCE: It shall be the responsibility of the successful Vendor to maintain workers’ compensation insurance, property damage, liability insurance, and vehicular liability insurance, during the time any of vendor’s personnel are working on the City of Boynton Beach property. The vendor shall furnish the City with a certificate of insurance after award has been made prior to the start of any work on City property. Said insured companies must be authorized to do business in the State of Florida and the City will not accept any company that has a rating less Bid Number: UTL24-041 Vendor Name: Megawattage LLC817 than B+ in accordance to A.M. Best’s Key Rating Guide, latest edition. INVOICING AND PAYMENT: Payment for any and all invoice(s) that may arise as a result of a contract or purchase order issued pursuant to this ITB shall minimally meet the following conditions to be considered as a valid payment request. Timely submission of a properly certified invoice(s) in strict accordance with the price(s) and delivery elements as stipulated in the Contract document should be submitted to: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Email: Utilitiesfinance@bbfl.us ; AP@bbfl.us All invoices submitted shall consist of as follows: Clearly referenced the subject Contract or Purchase Order number; Provide sufficient salient description to identify the goods and services for which payment is requested; Contain date of delivery; Original or legible copy of a signed delivery receipt including both manual signature and printed name of the designated City employee or authorized agent; be clearly marked as “partial”, “complete”, or “final invoice.” The City will accept partial deliveries. The invoice shall contain the Bidder’s Federal Employer Identification Number. The City’s terms of payment, unless otherwise stated in the Contract Documents are “Net 30 Days” after acceptance of goods or services and receipt of an acceptable invoice as described herein. Any other items of payment must have been previously approved by the City and appear on the Contract or Purchase Order document to be binding on the City. Should the City return an invoice for correction, the Vendor shall re- submit a corrected invoice to the City for processing. It will be the sole responsibility of the Vendor to properly dispose of all construction debris at an authorized landfill and all incurred costs shall be borne by the Vendor. All work areas must meet safety requirements for pedestrian and vehicular traffic and must be left in a clean and orderly manner. All grass areas and/or private property that are damaged while work area is under construction shall be restored as found by the Vendor prior to leaving the work areas after completion of work. It is recommended that the Vendor keep a before and after picture history, at no cost to the City, should any questions arise and be made available to the Project Manager if needed. All work must meet or exceed the State of Florida Department of Transportation Applicable Standards including the Florida Building Code and City of Boynton Beach Standards. The supervision of the execution of this Contract is vested wholly in the Project Manager or his representative, and the orders of the City Commission and/or Utilities Director are to be given through him. The instructions of the Project Manager or his representative are to be strictly and promptly followed in every case. The Vendor may designate a foreman or other representative to receive such instructions in his absence, and failing to do so, he will be held responsible for the execution of any instructions it may be necessary to give in his absence. The Project Manager or his representative is to have free access to the materials and the work at all times for laying out, measuring, inspecting, or oversight of the same, and the Vendor is to afford him all necessary facilities and assistance for so doing. To prevent all disputes and litigation, it is agreed by the parties hereto that the Utilities Director or City representative shall decide all questions, difficulties, and disputes of any nature which may arise relative to the interpretation of the specifications, construction, prosecution and fulfillment of the contract and task orders, and as to the character, quality, amount and value of any work done and materials furnished under or by reason of the Contract, and his estimates and decisions upon all claims, questions, and disputes shall be final and conclusive upon the parties hereto. Time is an essential element of the contract and as delay in the execution of work will inconvenience and possibly endanger the public, obstruct traffic, and interfere with business, it is important that once work commences at any site, it be carried through to completion without delays or suspension of operations unless deemed to be necessary by the Project Manager or Inspector. In the event any delays or suspension of operations occur, the City reserves the right to hire off-duty police, erect barricades, or take whatever actions are necessary to provide for the safety of the site. All costs involved in doing so shall be just claims against the Vendor or the Vendor’s Performance and Payment Bond. By submitting a bid, the Vendor agrees to the conditions as stated above. PLANS AND SPECIFICATIONS: The specifications and all other documentation that make up and constitute the contract shall be followed in strict accordance as to work, material, and dimensions except when the Utilities Project Manager may authorize in writing an exception. Measurement discrepancies shall be decided upon by the Utilities Project Manager or his representative and the Vendor shall not proceed when in doubt as to any dimension or measurement. RESTORATION OF PROPERTY: Property, public or private, if damaged during construction or removed for the convenience of the work shall be repaired or replaced at the expense of the Vendor in a manner acceptable to the Utilities Project Manager, prior to the final acceptance of the work. Such facilities shall include but are not limited to: signalization equipment and miscellaneous hardware removed from the construction site, driveways, walkways, walls, fences, mailboxes, sod, landscaping, irrigation systems, footings, or underground utilities. DELAYS: a. If the Vendor should be delayed in the progress of the work included in the Contract by unforeseeable causes beyond his control, the time for completion of the work may be extended by the Utilities Project Manager or his representative. Requests for extensions of time must be submitted in writing to the Utilities Project Manager or his representative within seven (7) days from the Vendor’s knowledge of a delay. Bid Number: UTL24-041 Vendor Name: Megawattage LLC818 Vendor shall not receive any compensation for additional time required to complete the work as a result of any delay. b. The Vendor shall assume all risks resulting from delays except that should the City, by act or omission, intentionally and without reason, cause delays which result in actual loss to the Vendor. Reimbursement thereof may be adjusted and allowed by the City only after being notified in writing by the Vendor at the time of the delay and after being given an opportunity to verify such money losses as they occur. No payment or adjustment will be allowed to the Vendor as reimbursement for any other delays whatsoever; regardless of by what or by whom caused, even though by other Vendors on the same work, or by times, seasons, or weather; other than amounts provided in the Contract for payment which shall be understood to include and cover all risks due to delays except as stated in the foregoing. c. If the Vendor fails to start the work within the time specified, and if the City should nevertheless permit the Vendor to continue and complete the same without official extension of time in writing, such permission shall not modify nor waive any liability of the Vendor for damages arising from non-completion of work within the time limit, but all such liabilities shall be subject to continuation in full force against the Vendor. d. Liability of the Vendor will include any claim by any person for bodily or property damage after the Notice to Proceed was given for the requested work. The Bidder hereby acknowledges and agrees: 1. To provide all goods, services, and construction, as more specifically set out and in accordance with the solicitation, including but not limited to the scope of work, specifications, drawings, Addenda (if issued by the Owner), the terms and conditions, etc. stated therein, which are expressly acknowledged and made part of this Contract. 2. This Bid is made without any connections, knowledge, comparison of figures, or arrangements with any other company, firm, or person making a Bid for the same Work and is in all respects fair and without collusion or fraud. 3. I/WE do hereby Bid and offer to enter into a Contract to do all the Work as specified in the solicitation which shall include all costs but not limited to; freight, duty, currency, etc. in accordance with the prices and terms as submitted by the Bidder herein. 4. If I/WE withdraw this Bid before the formal Contract is executed by the Awarded Bidder for the said Work or One Hundred Twenty (120) Calendar Days, whichever event first occurs, the amount of the Bid Bond accompanying this Bid (if applicable to this bid) shall be forfeited to the Owner. 5. I/WE acknowledge and agree that any issued Addendum/Addenda forms part of the solicitation. 6. I/WE (including any related or affiliated entities and any principal thereof) have no unresolved litigation with the Owner. Palm Beach County Inspector General Acknowledgement The Consultant is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Consultant Agreement, and in furtherance thereof may demand and obtain records and testimony from the Consultant and its sub-consultants and lower tier sub-consultants. The Consultant understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Consultant or its subconsultants or lower tier sub-consultants to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. Confirmation of Drug Free Workplace Preference shall be given to businesses with drug-free workplace programs. Whenever two or more submittals which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a submittal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie submittals will be followed if none of the tied vendors have a drug- free workplace program. In order to have a drug-free workplace program, a business shall: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. Give each employee engaged in providing the commodities or contractual services that are under submittal a copy of the statement specified in subsection (1). In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under submittal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or- plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in Bid Number: UTL24-041 Vendor Name: Megawattage LLC819 the workplace no later than 5 days after such conviction. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee’s community by, any employee who is so convicted. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. I/We have the authority to bind the Company and submit this Bid on behalf of the Bidder. - David Brenner, Service Manager, Megawattage LLC The bidder shall declare any potential or actual conflict of interest that could arise from Bidding on this Bid. Do you have a conflict of interest? Yes No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document Please check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda. File Name I have reviewed the below addendum and attachments (if applicable) Pages Addendum No. 3 - UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services Tue September 10 2024 08:54 AM 1 Addendum No. 2 Clarifications - UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services Fri September 6 2024 03:40 PM 2 Addendum No. 1 - UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services Tue August 27 2024 02:59 PM 1 Bid Number: UTL24-041 Vendor Name: Megawattage LLC820 821 822 823 824 825 826 827 828 829 830 831 832 833 834 835 836 837 838 839 840 841 842 843 844 845 846 847 848 849 850 851 F。「m脚■9 (Rev. October 2018〉 鵠認諾護り Request for Taxpayer ldentification Numbeがand CeItification トGo to Www;rs.govIformW9 fo「 instructions and the latest information, Give Form to the requester, Do not Send to the lRS, 1 Name (as §hown on your income tax 「etum) Name 'S requjred on thlS line: do not leave thlS =ne blank. Megawattage LLC 3 Check approp「iate box for federa=ax classlflCation of the person whOSe name is entered on line l. Check only one of the fo=owing seven boxes. ロ剛viduaVs。I。 P「。P,i。to,。, □ cco「poration　□ scorpo「atlOn　□ p軸ershlP　　□ Trust/estate Single-member LLC 薗Lim軸Iiab冊y company.帥erthe tax classifjcation(C=C corpor8tion, S=S corpo「ation, P=Pamership〉ト　S Note: Check the appropriate box ln the冊e above for the tax cIassiflCation of the singie-member owner. Do not check LしC if the LLC is classified as a single-membe「 LLC that lS dlSregarded from the owner unless the owne「 Of the LLC is another LLC thatis n01 disregarded from the owner for U.S. federa=ax pu「POSeS. OtherwISe, a Sl∩gIe-member LLC that is disregarded from the owner should check the appropriate box for the tax classlflCation of its owner. □ other (See instructions〉ト 4 Exemptions (COdes apply oniy to Certaln entities, nOt individuais; See instructions on page 3〉: Exempt payee code af any) Exemption from FATCA reporting COde (if any) 5 Address (number, Street, and apt. or suite no.〉 See instructlOnS 850 SW 21 Terrace 6 City」 State, and ZIP code Fort Laude「daIe FL 33312 7 Hs青account number(S) here (OPtionaI) Taxpayer Identification Number (T音N) Enter your TIN in the appropriate box. The TIN p「ovided must match the name given on line =o avoid backup withhoIding. Fo「 individuals, this is gene「a=y your sociaI security number (SSN). However, for a resident alien, SOIe proprietor, Or disregarded entity, See the instructjons for Pa「=, later. For other entities言t lS yOur emPIoyer ldentification number (EIN), lfy。u do not have a …mber, See How fo ge書a 刀N late「. Note; lf書he account js jn more lhan one name, See the instructions fo川ne l. AIso see W拘合tName and Number to Give励e Reques胎rfor guide=nes on whose number to enter, Certification Under penaIties of pe申ry言certlfy that: 1 , The number shown on this form is my correct taxpayer identification number (or I am waiting for a numberto be issued to me); and 2. I am not subject to backup w航hoidjng because; (a) i am exempt from backup withhoiding, Or (b) l have net been notified bythe intemaI Revenue Service (旧S〉 that l am subiect to backup withhoiding as a res山t of afa血「e to report al=nterest or dividends, or (C) the iRS has no珊ed me that l am no Ionger subject to backup w軸hoidlng; and 3. l am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(S) entered on this form ff any) indicating that l am exempt from FATCA reporting is correct. Ce珊cation instructions. You must cross out item 2 above if you have been notified by the旧S that you are curre州y subject to backup withhoiding because you have failed to report all interest and dividends on you「 tax retl」m. For real estate transactions, item 2 does nct apply. For mortgage interest paid, acquisition or abandonme面of secuied property, CanCel融on of debt, Contnbutione to an individual retirement arrangement 0RA〉, and generally, PaymentS 討蒜葦翻こ芦ごe曲b岬函三宝憲二臆臆臆臆臆臆 Genera冊st叩諸蒜　　　　　　# 1 099。IV岬nd$闘ng those from stocks or rnutual Section references are to the IntemaI Revenue Code unless otherwise notedi Future deveIopments. For the latest活formation about deveIopments related to Form W-9 and its instructions, SuCh as legislatforl et\acted after they were pubIished, gO tO WWW,irs,gOV/Fb仰W9. Purpose of Form An individuaI or entity (Form W-9 requester〉 who is required to file an information retum with the旧S must obtain your correct taxpayer identjficatjon number I[N) which may be your sociaI security number βSN), indiVidua=axpayer identificatIOn number (ITIN), adoptjon taxpayer identification numberいTIN), Or emPIoyer iden輔catjon number O±lN), tO 「ePOrt On an information retum the amount paid to you, Or Other amount reportabIe on an informatlOn return. Exampies of lnformation retu「ns include, but are not lirh冊ed to, the following, ● Form l O99-INT (interest eamed or paid) . Form 1 099-MISC (Various types af income, Prizes, aWa「ds, Or grOSS Proceeds) ● Form l O99-B (StOCk or mutual fllnd sales and certain other transact\ons bY brokeγ§) ' Form l O99-S (PrOCeeds from real estate transactjons) . Form l O99-K (merchant card and third party network transactions) ・ Form l O98 (home mortgage interest), 1 098-E (Student loan interest), 1 098-丁(tuition) . Form l O99-C (CanCeied debt) . Form lO99-A (acquisition or abandonment of secured property) Use Fom W-9 onIy ifyou are a U・S. person Onciuding a resident a=en), tO PrOVjde your correct TiN. /fyou do not re如m Fo肋W-9 fo fhe requester with a 77N you mゆhき be su匂ec=o backup wiIhhoIding. See What is backup withhoIding, late左 F。m W-9 (Rev. 10-2018) 852 REVISED INVITATION TO BID FOR DIESEL/PROPANE GENERATOR AND BYPASS PUMP MAINTENANCE AND REPAIR SERVICES BID No.: UTL24-041 MANDATORY PRE-BID CONFERENCE AND SITE INSPECTION TO BE HELD: AUGUST 28, 2024, 9:00 A.M. LOCATION: CITY OF BOYNTON BEACH CITY HALL, ROOM 115 100 E. OCEAN AVENUE BOYNTON BEACH, FL 33435 (Entrance to Conference Room 115 is on Seacrest Boulevard) ONLINE SUBMISSION ONLY Boynton-beach.bidsandtenders.net BID CLOSING DATE: SEPTEMBER 12, 2024 BID CLOSING TIME: 2:30 P. M. THE DEADLINE FOR QUESTIONS CONCERNING THIS BID IS: SEPTEMBER 2, 2024 NO LATER THAN 2:30 P.M. 853 UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services TOC TABLE OF CONTENTS Notice to Contractors ........................................................................................................................... 3 – 5 Instruction to Bidders ............................................................................................................................ 6 – 7 Scope of Work and Specifications ...................................................................................................... 8 – 10 Standard Terms and General Conditions for Bidders ....................................................................... 11 – 22 Special Conditions ............................................................................................................................ 23 – 26 Bidders Submission Requirements ............................................................................................................27 Submittal of General Information, Procurement Forms and Documents To be Completed and Uploaded Online Bid Form ............................................................................................................................................ 28 – 30 Bid Bond ............................................................................................................................................ 31 – 34 Bidder’s Qualifications Statement ..................................................................................................... 35 – 38 Anti-Kickback Affidavit ................................................................................................................................39 Non-Collusion Affidavit of Proposer .................................................................................................. 40 – 41 Certification Pursuant to Florida STATUTE § 287.135 ..................................................................... 42 – 43 E-Verify Form .................................................................................................................................... 44 – 45 Affidavit of Compliance with Foreign Entity Laws ......................................................................................46 Affidavit of Compliance with Anti-Human Trafficking Laws ........................................................................47 Bidder’s Site Inspection Confirmation ........................................................................................................48 Bid Proposal ...............................................................................................................................................49 DRAFT AGREEMENT: Draft Service Agreement (Subject to modification and final by City Attorney) ............................. A-1 – A-14 Insurance Advisory Form ....................................................................................................................... IA-1 ATTACHMENTS: Attachment “A” – Sample Performance Evaluation Form (2 pages) APPENDIX: Appendix “A” – Utilities Department Generator and Pump Inventory List (2 pages) Appendix “B” – Facilities Management Inventory List (1 page) When completed and executed, these documents, along with the Plans and Specifications, and Certificates of Insurance for the Contractor, forms the Contract for this Project. 854 UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services 3 The City of Boynton Beach INVITATION TO BID DIESEL/PROPANE GENERATOR AND BYPASS PUMP MAINTENANCE AND REPAIR SERVICE BID No. UTL24-041 NOTICE TO CONTRACTORS Electronic bids shall be received by the bidding system up until: September 12, 2024; No Later Than 2:30 P.M. (Local Time). All Bid’s received will be publicly opened and acknowledge of receipt. Bid’s received after the assigned date and time are not permitted by the bidding system. For the above reasons, it is recommended that Vendor(s) allow sufficient time to complete your online Submission and to resolve any issues that may arise. ATTENTION, ALL INTERESTED RESPONDENTS: To obtain documents online please visit Boynton-beach.bidsandtenders.net. Documents are not provided in any other manner. SCOPE OF WORK: The City of Boynton Beach is requesting proposals for pricing for labor, parts, and materials for the maintenance and repairs to its emergency diesel/propane power generators both portable and stationary, and bypass pumps located throughout the City of Boynton Beach. The scope of work is more clearly defined in the Contract Documents, Special Conditions, and Terms and Conditions for City Furnished Materials (if applicable), Technical Specifications, and project drawings (if applicable), which are hereby not listed in any order of precedence. A MANDATORY Pre-Bid Meeting Conference & Site Visit is scheduled for August 28, 2024, at 9:00 A.M., to be held at the City of Boynton Beach, City Hall, Room 115, 100 E. Ocean Avenue, Boynton Beach, Florida 33435. Attendance is mandatory and proof of attendance will be indicated by the bidder’s signature or their appointee on the attendance sheet provided at the Pre-Bid Meeting. Attendees shall visit the site(s) immediately following this meeting. The Utilities Department will provide an escort to the site. The Site Inspection Visit Form as provided herein (page 48) must be signed by a representative from the Utilities Department and submitted with the Bid for the submittal to be considered “complete and acceptable”. LOCATION OF SITE VISITS: 1. City Hall Generator – 100 E. Ocean Avenue, Boynton Beach, FL 33435 2. Fire Station #1 – 200 NE 1st Street, Boynton Beach, FL 33435 3. District Energy Services (DES) – 211 NE 1st St., Boynton Beach, FL 33435 4. Public Works – 222 NE 9th Avenue, Boynton Beach, FL 33435 5. Pumping Station #309 – 199 NW 19th Ave., Boynton Beach, FL 33435 6. Police Department – 2100 High Ridge Road, Boynton Beach, FL 33426 Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P. O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6310 855 UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services 4 7. Fire Station #5 – 2080 High Ridge Road, Boynton Beach, FL 33435 8. 3 MG Tank Miner – 3600 Miner Rd., Boynton Beach, FL 33436 9. Pumping Station #706 – 1829 Renaissance Commons Blvd., Boynton Beach, FL 33426 10. Pumping Station #317 – 1527 Boynton Beach Blvd., Boynton Beach, FL 33436 11. West Water Treatment Plant (WWTP) – 5469 W. Boynton Beach Blvd., Boynton Beach, FL 33435 12. 1 MG Tank Woolbright – 2611 W. Woolbright Rd., Boynton Beach, FL 33435 13. Little League Park – 300 W. Woolbright Rd., Boynton Beach, FL 33435 14. East Water Treatment Plant (EWTP) – 1620 S. Seacrest Blvd., Boynton Beach, FL 33435 15. Fire Station #4 – 1919 S Federal Hwy, Boynton Beach, FL 33425 At the time of the bid opening, each Vendor shall be presumed to have inspected the sites and to have read to be thoroughly familiar with the Contract Documents (including all addenda). The failure or omission of any Vendor to examine any form, instrument or document shall in no way relieve any Vendor from any obligation in respect to this bid. REQUIRED QUALIFICATIONS: At the time of bid submittal, the Vendor must possess and provide written evidence (copies of current licenses, certifications, and insurances) that show that the firm (Vendor) or principal of the firm is licensed to contract the scope of work in the State of Florida. In addition, the vendor must possess and provide written evidence (copies of current certifications, permits, and business tax receipt to do business in Boynton Beach, FL) required for the scope of work. ATTENTION ALL INTERESTED BIDDERS: All Vendors are required to submit a five percent (5%) Bid Bond with the Bid Form or the Bid shall be rejected as non-responsive. No bids may be withdrawn for a period of ninety (90) days after the Bid opening. Bids must be accompanied by an acceptable 5% Bid Bond, cash, certified check, or money order. Said bid bond is to be furnished and executed by a surety company of recognized standing, authorized to do business in the State of Florida, and having a Registered Agent in Florida. The bid bond amount shall be 5% of the bid price and shall constitute a guarantee that the Vendor if awarded the contract, will enter into a written contract with the City to perform this work pursuant to the bid. LOBBYING / CONE OF SILENCE: Consistent with the requirements of Chapter 2, Article VIII, Lobbyist Registration, of the Palm Beach County Code of Ordinances, Boynton Beach imposes a Cone of Silence. A cone of silence shall be imposed upon each competitive solicitation as of the deadline to submit the proposal, bid, or other response and shall remain in effect until the City Commission awards or approves a contract, rejects all bids or responses, or otherwise takes action that ends the solicitation process. While the cone of silence is in effect, no Vendor or its agent shall directly or indirectly communicate with any member of City Commission or their staff, the Manager, any employee of Boynton Beach authorized to act on behalf of Boynton Beach in relation to the award of a particular contract or member of the Selection Committee in reference to the solicitation, with the exception of the Purchasing Manager or designee. (Section 2-355 of the Palm Beach County Code of Ordinances.) Failure to abide by this provision may serve as grounds for disqualification for award of contract to the Vendor. Further, any contract entered into in violation of the cone of silence shall render the transaction voidable. The cone of silence shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before Selection Committees, contract negotiations during any public meeting, presentations made to the City Commission, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence with Boynton Beach as may be permitted by the competitive solicitation. Additionally, the cone of silence shall not apply to any purchases made in an amount less than the competitive solicitation threshold set forth in the Purchasing Manual. 856 UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services 5 PUBLIC RECORDS DISCLOSURE: Pursuant to Florida Statutes §119.07, sealed Bids, Proposal or Responses received by the City in response to a Request for Qualification or Invitation to Bid are exempt from public records disclosure requirements until the City provides a notice of decision or thirty (30) calendar days after the opening of the Proposals/Bids unless the City announces intent to award sooner. If the City rejects all Responses submitted in accordance with a Request for Proposal/Qualification or Invitation to Bid, and the City concurrently provides notice of its intent to reissue the competitive solicitation, the rejected Responses remain exempt from public disclosure until such time as the City provides notice of a decision or intended decision concerning the competitive solicitation or until the City withdraws the reissued competitive solicitation. A Bid, Proposal, Response or reply is not exempt for longer than twelve (12) months after the initial City notice rejecting all Bids, Proposals, or Responses. Questions related to this Bid are to be submitted to the Purchasing representative through the Bidding System only by clicking on the “Submit a Question” button for this specific Solicitation. CITY OF BOYNTON BEACH 857 UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services 6 DIESEL/PROPANE GENERATOR AND BYPASS PUMP MAINTENANCE AND REPAIR SERVICE BID No.: UTL24-041 INSTRUCTIONS TO BIDDERS 1. The City of Boynton Beach utilizes an electronic online bidding system service for notification and distribution of its solicitation documents, please visit Boynton-beach.bidsandtenders.net. 2. ELECTRONIC BID SUBMISSIONS ONLY shall be received by the City’s e-procurement Bidding System. Hardcopy submissions are not permitted. 3. Electronic Request for Qualification/Request for Proposal/Invitation to Bid Proposals for this solicitation shall be received by the City’s e-procurement bidding system no later than: SEPTEMBER 12, 2024 No Later Than 2:30 PM (Local Time). 4. Late responses are not permitted by the bidding system. It shall be the sole responsibility of the Vendor to have their Request for Qualification/Request for Proposal/Invitation to Bid submittal submitted online. 5. Vendors shall acknowledge receipt of any addenda through the Bidding System by checking a box for each addenda and any applicable attachment. 6. It is the responsibility of the Vendor to have received all Addenda that are issued. Vendors should check online at Boynton-beach.bidsandtenders.net prior to submitting their Submittal and up until the Bid closing time and date in the event additional addenda are issued. 7. To obtain documents online please visit Boynton-beach.bidsandtenders.net. You may preview the solicitation documents with a Preview Watermark prior to registering for the opportunity. Documents are not provided in any other manner. 8. Vendors are cautioned that the timing of their Submittal Submission is based on when the Submittal is RECEIVED by the Bidding System, not when a Submittal is submitted, as the Submittal transmission can be delayed due to file transfer size, transmission speed, etc. 9. For the above reasons, it is recommended that the Vendor allow sufficient time to complete their bid/proposal submission and to resolve any issues that may arise. 10. Vendors should contact bids&tenders support listed below, at least twenty-four (24) hours prior to the closing time and date if they encounter any problems. The Bidding System will send a confirmation email to the Vendor advising that their submittal was submitted successfully. If you do not receive a confirmation email, contact bids&tenders support at support@bidsandtenders.net. 11. To ensure receipt of the latest information and updates via email regarding this Request for Qualification/Request for Proposal/Invitation to Bid, or if a Vendor has obtained this Solicitation from a third party, the responsibility is on the Vendor to create a Bidding System Vendor account and register as a Plan Taker for the Solicitation. 12. All expenses for making SUBMITTAL responses to the City are to be borne by the Vendor. 858 UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services 7 13. A sample draft agreement that the City intends to execute with the successful firm(s) is contained within this Request for Qualification/Request for Proposal/Invitation to Bid for review. Any exceptions taken to the terms and conditions of the City’s agreement shall be considered a part of Vendor’s solicitation response and will be considered by the City in its evaluation. Any exception not specifically stated is deemed waived. Submission of any exceptions to the agreement does not denote acceptance by the City. Furthermore, taking exceptions to the City’s terms and conditions may be viewed unfavorably by the City/evaluation committee and ultimately may impact the overall evaluation of a vendor’s submittal. The City reserves the right to modify the contract language prior to execution following the selection of the top firm(s). 14. Each Vendor, by submission of a proposal response, acknowledges that in the event of any legal action challenging the award of a Request for Qualification/Request for Proposal/Invitation to Bid; damages, if any, shall be limited to the actual cost of the preparation of the Bid or Proposal. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK 859 UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services 8 DIESEL/PROPANE GENERATOR AND BYPASS PUMP MAINTENANCE AND REPAIR SERVICE BID No.: UTL24-041 SCOPE OF WORK AND SPECIFICATIONS PURPOSE AND INTENT: The purpose and intent of this Invitation to Bid are to secure firm pricing and establish a term contract for maintenance and repairs to emergency diesel/propane power generators, both portable and stationary, and bypass pumps located throughout the City of Boynton Beach. This includes both scheduled maintenance described below and as-needed repairs that may be requested by the City. SERVICE REQUIREMENTS: Appendix A & B contains an inventory of generators and bypass pumps, including their general quantities, size, type, and age. During the duration of the bid term, there may be additions or deletions to the list of equipment. Any system, material, or workmanship that is found to be defective during an inspection or test shall be reported to the designated City employee before being repaired by the technician. Testing shall be in accordance with NFPA 110, “Standards for Emergency and Standby Power”, current edition. Successful vendor is to follow manufacturer-recommended best maintenance/inspection practices, State and local regulations pertaining to emergency generators; as well as the new Federal Regulations (40 CFR Part 63, Subpart ZZZZ) for emergency generators greater than 100 HP (75 KW). PERSONNEL REQUIREMENTS: The service technician(s) must report their arrival and departure from the job site to the appropriate City contact. Response time is considered to be the time from the placement of the service call to the vendor to the time that the service technician(s) arrives at the job site. The awarded vendor must supply emergency contact names and numbers and response time for emergencies must be within one (1) hour of notification. Emergency response time must be guaranteed by the vendor or the bid will be disqualified. During declaration of emergencies, i.e., storms or hurricanes, the vendor will supply a service technician to maintain equipment. The City will reserve the right of refusal of service. If a service technician is needed during the emergency, the technician will work 24/7 with City staff to maintain the equipment. The City will provide shelter and food equal to regular staff provisions with the Utilities Department. TRAVEL: Travel time and mileage will be incurred by the vendor as part of their hourly rates and will not be charged separately to the City. 860 UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services 9 TASK 1: Quarterly* or every 500 hours (whichever comes first); maintenance/inspection is to occur on a scheduled basis determined by a mutually agreed upon time between the vendor and the appropriate City Department contact person. This service is to occur during normal working hours and will include but not be limited to the following: • Generator ID • Inspection Date • Check Engine Oil Level, Battery Fluid Level, and Coolant Level • Clean Battery Connections and Battery Charger Output • Check Drive Belts Tension/Condition • Check Fuel Line Condition, Leak Detection, and Fittings • Check Hoses/Clamps • Check Radiator for Leaks and Corrosion • Check Starter and Connections • Check Day Tank Operation • Check Transfer Switch Status • List Frequency Level, Output Voltage, and Hour Meter • Test Run the Generator/Bypass Pump and note the Battery Voltage, Oil Pressure, Water Temperature, Output Voltage, Frequency, and Hour Meter *Quarterly means one (1) quarter or three months TASK 2: Annual or every 500 hours (whichever comes first) maintenance/inspection is to occur according to manufacturer’s specifications. This service is to occur during normal working hours (except in case of emergency) and will include but not be limited to the following: • Replacement of Oil and Oil Filter (every 500 hours or annually, whichever comes first) with approved parts. Waste Oil and filters are to be properly disposed of by the vendor. • Replacement of Fuel, Air, and Water Filters (every 1000 hours or annually, whichever comes first) with approved parts. Filters are to be properly disposed of by the vendor. • Fuel to be analyzed for quality and separated if necessary. • Load Bank Testing for portable and mobile generators only, and the Load Bank Test duration will be as recommended by manufacturer or two (2) continuous hours. • Recordkeeping for PBC Department of Health; for hours of operation, services mentioned above and other emission related services including maintenance per manufacturer’s requirements for crankcase systems (closed ventilation or open filtration) for covered engines over 300 HP. Add non-resettable meter on applicable generators to record the hours of operation. All lubricants, materials, and parts used must be genuine as manufactured and as specified by the manufacturer of the generator and bypass pump being serviced. All reasonably stocked lubricants, materials, and parts necessary to keep the generators and bypass pumps operational must be stocked locally and/or available within twenty-four (24) hours from the service request. TASK 3 As needed repairs and maintenance as requested by City by Task Order or Purchase Order. 861 UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services 10 REPORTING: Reports for each generator and bypass pump serviced for maintenance, inspection, and/or repair must be submitted with the invoice. The report must comply with NESHAP (National Emissions Standards for Hazardous Air Pollutants) General Provisions, 40 CFR Part 63, Subpart A, and include at the minimum the following: • Generator and/or Bypass Pump ID/Location • Initial notification, notification of performance test, and notification of compliance. • Date of the Maintenance/Inspection • Deviations and malfunctions • All information detailed in the required maintenance/inspection. • Additional maintenance/repairs that may be required to ensure the proper working order of the generator or bypass pump. • Name of service technician(s) with service call hours (labor hours) listed. Report must include annual fuel consumption and heating values (information to be provided by the City of Boynton Beach. All lubricants, materials, and parts used for maintenance/inspection are to include the invoice detailing the actual cost with the cost plus noted. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK 862 UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services 11 DIESEL/PROPANE GENERATOR AND BYPASS PUMP MAINTENANCE AND REPAIR SERVICE BID No.: UTL24-041 STANDARD TERMS AND GENERAL CONDITIONS FOR BIDDERS Unless otherwise agreed to by the City of Boynton Beach (“City”), the following Standard Terms and Conditions are applicable to this solicitation and the resulting agreement/contract. The term “vendor” as used below may collectively apply to vendors, bidders, proposers, consultants, contractors, subcontractors, and subconsultantst. 1. FAMILIARITY WITH LAWS: The Vendor is presumed to have full knowledge of and be in compliance with all Federal, State, and Local laws, ordinances, rules, and regulations that in any manner affect the equipment and the services provided to the City. Ignorance on the part of the Vendor will in no way relieve Vendor of responsibility to adhere to such regulations. 2. RFP/RFQ/BID FORMS: The Vendor will submit RFP/RFQ/BID on the RFP/RFQ/BID forms provided. The Vendor must state the price and the time of delivery for which they propose to deliver the equipment or service requested. The Vendor is required to be licensed to do business as an individual, partnership, or corporation in the State of Florida. All RFP/RFQ/BID forms must be executed and submitted for easy identification. Bids/Proposals not submitted on Bid or Proposal forms herein may be rejected. All RFPs/RFQs/BIDs are subject to the conditions specified within this solicitation document. Submittals which do not comply with these conditions are subject to rejection. 3. EXECUTION OF RFP/RFQ/BID: RFP/RFQ/BID must contain a manual signature of an authorized representative in the space provided on all affidavits and proposal sheets. 4. NO SUBMITTAL: A NO SUBMITTAL response can be submitted online through the e-Procurement bidding system. 5. SOLICITATION DEADLINE: It is the Vendor’s responsibility to ensure that the Bid/Proposal is submitted electronically by or at the proper time and date prior to the solicitation deadline. Late Submittal Responses are not permitted by the e-Procurement bidding system. 6. RIGHT TO REJECT BID: The City reserves the right to reject any or all bids or proposals, waive technical errors, or to accept a portion of any bids that are deemed to be the most responsive, responsible Vendor(s) which represents the most advantageous bid to the City. In determining the “most advantageous bid”, price, quantifiable factors, and other factors are considered. Such factors include but are not limited to specifications; delivery requirements; the initial purchase price; life expectancy; cost of maintenance and operation; operating efficiency; training requirements; disposal value; and other factors contributing to the overall acquisition cost of an item. Consideration may be given, but is not necessarily limited to conformity to the specifications; including timely delivery; product warranty; a Vendor’s proposed service; ability to supply and provide service; delivery to required schedules, and past performances in other contracts with the City or other government entities. 7. AGREEMENT EXTENSION: The City reserves the right to extend automatically for a period not to exceed an additional one hundred eighty (180) calendar days by mutual agreement and by filing a written notice signed by the vendor to the City’s Purchasing Department without further City Commission action. The extension shall provide the City with continual service while a new contract is solicited, evaluated, and/or awarded. 8. RIGHTS OF THE CITY: The City expressly reserves the right to: 863 UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services 12 A. Waive as an informality, minor deviations from specifications at a lower price than the most responsive, responsible Vendor meeting all aspects of the specifications and consider it if it is determined that total cost is lower and the overall function is improved or not impaired; B. Waive any defect, irregularity, or informality in any RFP, RFQ, or BID procedure; C. Reject or cancel any or all RFP, RFQ, or BID; D. Reissue a Request for Proposals (RFP), Request for Qualifications (RFQ), or Invitation to Bid (BID); E. Extend the RFP, RFQ, BID deadline time and date; F. Procure any item by other means; G. Increase or decrease the quantity specified in the Request for Proposals (RFP), Request for Qualifications (RFQ), and Invitation to Bid (BID); H. Consider and accept an alternate RFQ/RFP/BID as provided herein when most advantageous to the City. 9. STANDARDS: Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective Vendor has: A. Available the appropriate financial, material, equipment, facility, and personnel resources and expertise, or the ability to obtain such, necessary to indicate its capability to meet all contractual requirements; B. A satisfactory record of performance; C. A satisfactory record of integrity; D. Qualified legally to Contract within the State of Florida and the City of Boynton Beach; E. Supplied all necessary information in connection with the inquiry concerning responsibility. 10. DISQUALIFICATION OF PROPOSER: More than one Proposal from an individual, firm, partnership, corporation, or association under the same or different names shall not be considered. All proposals shall be rejected if there is reason to believe that collusion exists between Vendors. Automatic disqualifiers are as follows: A. Not including an executed Vendor signature. B. Not being licensed to perform the required work or to provide the required product. C. Not being eligible to submit a proposal due to violations listed under Item No.29, “Public Entity Crimes.” D. Not completing the BID, RFQ, or RFP Submittal Forms as required. 11. DIRECT OWNER PURCHASES: Procedure used by the City to make direct purchases of any materials/equipment and make direct payment to the Vendor. The CITY reserves the right to issue purchase orders for materials to either the Contractor’s/Consultant’s/Vendor’s or the CITY’s suppliers for construction/public works-related materials when deemed in the best interest of the City. 12. INFORMATION AND DESCRIPTIVE LITERATURE: Vendors must furnish all information requested in the spaces provided on the bid/proposal form. Further, as may be specified elsewhere, each Vendor must submit for bid evaluation cuts, sketches, and descriptive literature, and technical specifications covering the products offered. Reference to literature submitted with a previous bid/proposal or on file with the buyer will not satisfy this provision. 13. SIGNING OF CONTRACT: The Award Letter will be presented to the Successful Vendor. Within ten (10) calendar days after issuance of the award letter, the successful Vendor shall sign and deliver the Contract with the required bonds and insurance certificates to the City. After receipt and approval of such documents, the Contract will be executed. Within thirty (30) calendar days thereafter, the City shall deliver a fully signed and executed Contract to the successful Vendor. At times a purchase order will be issued in lieu of a contract agreement. The General Terms and Conditions of the City’s purchase order shall apply and prevail over any conflicting terms or conditions. 14. INTERPRETATIONS: To ensure fair consideration for all Vendors, the City prohibits communication to or with any department, officer, or employee during the solicitation process except as otherwise specified. If the Vendor should be in doubt as to the meaning of any of the RFP, RFQ, or BID 864 UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services 13 documents, or is of the opinion that the plans and/or specifications contain errors, contradictions, or reflect omissions; the Vendor shall direct questions to the Purchasing representative through the Bidding System only by clicking on the “Submit a Question” button for this Bid, no later than the ten (10) days prior to the RFP, RFQ, or BID deadline. 15. CONFLICT OF INTEREST: The award hereunder is subject to all conflict of interest provisions of the City of Boynton Beach, Palm Beach County, of the State of Florida. 16. SUBCONTRACTING: If a Vendor subcontracts any portion of a Contract for any reason, the Vendor must state the name and address of the sub-contractor/sub-consultant and the name of the person to be contacted on the online form within the e-bidding system under “Schedule of Subcontractors”. The City of Boynton Beach reserves the right to accept or reject any or all bids/proposals wherein a sub- contractor/sub-consultant is named and to make the award to the Vendor, who, in the opinion of the City, will be in the best interest of and/or most advantageous to the City. The City also reserves the right to reject a Bid/Proposal of any Vendor if the RFP, RFQ, or BID names a sub-contractor/sub- consultant who has previously failed in the proper performance of an award or failed to deliver on time Contracts of a similar nature, or who is not in a position to perform properly under this award. The City reserves the right to inspect all facilities of any sub-contractor/sub-consultant in order to make determination as to the foregoing. The sub-contractor/sub-consultant will be equally responsible for meeting all requirements specified in this Request for Proposals (RFP), Request for Qualifications (RFQ), or Invitation to Bid (BID). Vendors are encouraged to seek minority and women business enterprises for participation in sub-contractor/sub-consultant contracting opportunities. The City reserves all rights in order to make a determination as to the foregoing. 17. ADDENDA: From time to time, the City may issue an addendum to change the intent or to clarify the meaning of the Contract documents. Since all addenda are available to Vendor’s through the City’s e- Procurement system Boynton-beach.bidsandtenders.net, it is the responsibility of each Vendor to have received ALL addenda that are issued Vendors should check online at Boynton- beach.bidsandtenders.net prior to submitting their bid/proposal and up until the bid/proposal closing time and date in the event, additional addenda are issued. If a Vendor submits their bid/proposal prior to the Bid/proposal closing time and date and an addendum has been issued, the Bidding System shall WITHDRAW the Vendor’s submission, and the submittal status will change to an INCOMPLETE STATUS and Withdraw the Bid Proposal. The Vendor can view this status change in the “MY BIDS” section of the Bidding System. The Vendor is solely responsible to: • make any required adjustments to their Bid/Proposal; and • acknowledge the addenda; and • Ensure the re-submitted Bid/Proposal is RECEIVED by the Bidding System no later than the stated Bid/Proposal closing time and date. 18. ADDITIONAL QUANTITIES: The City reserves the right to acquire additional quantities of the bid/proposal products or services at the prices bid/proposal in this solicitation. If additional quantities are not acceptable, the bid sheets must be noted: “BID/PROPOSAL IS FOR SPECIFIED QUANTITY ONLY”. 19. SAMPLES: Samples of items, when called for, must be furnished free of expense, and if not used, tested, or destroyed, upon request, will be returned at the Vendor’s expense. Request for the return of samples may be made within ten (10) days following the RFP, RFQ, or BID deadline. Each individual sample must be labeled with the Vendor’s name, manufacturer’s brand name and number, and item reference. 20. DEMONSTRATIONS: Performance of the equipment/services upon request can be deemed a part of the evaluation process in determining the award of the Vendor. Demonstrations of the merits of the equipment/services that meet City requirements shall be requested by Procurement Services. Equipment demonstrated shall be a minimum of one (1) year old. All required staff, to be assigned per the individual bid/proposal product or service application, will form the Bid/Proposal Award Committee to evaluate and submit a group award recommendation. The City reserves the right to make separate 865 UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services 14 and independent awards based on its needs and the combined evaluation results. 21. ESCALATOR CLAUSE: Any bid or proposal which is submitted subject to an escalator clause will be rejected. 22. EXCEPTIONS: Incorporation in a bid of exceptions to any portion(s), of the Contract documents may invalidate the bid. Exceptions to the Technical and Special Provisions shall be clearly and specifically noted in the Vendor’s proposal on a separate sheet marked “EXCEPTIONS TO THE SPECIFICATIONS” and this sheet shall be attached to the bid. The use of the Vendor’s standard forms or the inclusion of the manufacturer’s printed documents shall not be construed as constituting an exception within the intent of the Contract documents. Any exceptions not noted in Vendor’s proposal shall be deemed waived. 23. ALTERNATES: Where a base bid/proposal is provided for, the Vendor shall submit a bid/proposal on the base bid/proposal and may exercise their own prerogative in submitting a bid/proposal on alternate items. The Owner reserves the right to accept or reject the alternates or base bid/proposal or any combination thereof. The Owner, or a representative, further reserves the unqualified right to determine whether any particular item or items of material, equipment, or the like, is an approved equal, and reserves the unqualified right to a final decision regarding the approval or rejection of the same. 24. NONCONFORMANCE TO CONTRACT CONDITIONS: Items may be tested for compliance with specifications under the direction of appropriate testing laboratories. The data derived from any tests for compliance with specifications are public records and open to examination thereto in accordance with Chapter 119, Florida Statutes. Items delivered not conforming to specifications may be rejected and returned at the vendor’s expense. These items and items not delivered as per delivery date in the bid and or Purchase Order may result in the Vendor being found in default in which event any and all procurement costs may be charged against the defaulted Vendor. Any violation of these stipulations may also result in the vendor’s name being removed from the City of Boynton Beach’s vendor mailing list. 25. DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the City Manager shall be final and binding on both parties. 26. ANTITRUST CAUSE OF ACTION: In submitting a bid/proposal to the City of Boynton Beach, the Vendor offers and agrees that if the bid/proposal is accepted, the Vendor will convey, sell, assign, or transfer to the City of Boynton Beach all rights, title, and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States and the State of Florida for price- fixing relating to the particular commodities or services purchased or acquired by the City of Boynton Beach. At the City of Boynton Beach’s discretion, such assignment shall be made and become effective at the time the purchasing agency tenders final payment to the Vendor. 27. GOVERNMENTAL RESTRICTIONS: In the event, any governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship, or performance of the items offered on this bid/proposal prior to their delivery, it shall be the responsibility of the successful Vendor to notify the City at once, indicating in a letter the specific regulation which required an alteration. The City reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the Contract at no expense to the City. 28. LEGAL REQUIREMENTS: Federal, State, County, and City laws, ordinances, rules, and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the Vendor will in no way be a cause for relief from responsibility. 29. ON PUBLIC ENTITY CRIMES – All Request for Proposals, Request for Qualifications, Invitations to Bid as defined by Section 287.012(11), Florida Statutes, requests for proposals as defined by Section 287.012(16), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes, which reads as follows: “A person or affiliate who has been placed on the convicted vendor list following a conviction for public 866 UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services 15 entity crime may not submit a bid on a contract or provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a Vendor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list”. 30. SCRUTINIZED COMPANIES LISTS Florida Statutes Section 287.135: By submission of this RFP, RFQ, or BID, the Vendor certifies that the Vendor is not participating in a boycott of Israel. Vendor further certifies that Vendor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Vendor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Vendor of the City's determination concerning the false certification. Vendor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Vendor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Vendor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 31. NON-COLLUSION AFFIDAVIT: The vendor certifies that it has entered into no agreement to commit a fraudulent, deceitful, unlawful, or wrongful act, or any act that may result in an unfair advantage for one or more vendors over other vendors. A conviction for the commission of any fraud or act of collusion in connection with any sale, quote, quotation, proposal, or another act incident to doing business with the City may result in permanent debarment. No premiums, rebates, or gratuities are permitted; either with, prior to, or after any delivery of material or provision of services. Any such violation may result in award cancellation, return of materials, discontinuation of services, and removal from the vendor list(s), and/ or debarment or suspension from doing business with the City. Each Vendor shall complete the Non-Collusion Affidavit Form and shall submit the form with their Bid/Proposal. The City considers the failure of the Vendor to submit this document to be a major irregularity and may be cause for rejection of the Bid/Proposal. 32. TRADE SECRET: Any language contained in the Vendor’s Proposal purporting to require confidentiality of any portion of the Proposal, except to the extent that certain information is in the City’s opinion a Trade Secret pursuant to Florida law, shall be void. If a Vendor submits any documents or other information to the City which the Vendor claims are Trade Secret information and exempt from Florida Statutes Chapter 119.07 (Public Records Laws), the Vendor shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Vendor must specifically identify the exemption being claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any information contained in the Vendor’s Proposal constitutes a Trade Secret. The City’s determination of whether an exemption applies shall be final, and the Vendor agrees to defend, indemnify, and hold harmless the City its officers, employees, volunteers, and agents, against any loss or damages incurred by any person or entity as a result of the City’s treatment of records as public records. Proposals purporting to be subject to copyright protection in full or in part will be rejected. EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW, DO NOT MARK YOUR PROPOSAL AS PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR PROPOSAL OR ANY PART THEREOF AS COPYRIGHTED. 33. ANTI-KICKBACK AFFIDAVIT: Each Vendor shall complete the Anti-Kickback Affidavit Form and shall submit this form with their bid/proposal. The City considers the failure of the Vendor to submit this document to be a major irregularity and may be cause for rejection of the Bid/Proposal. 34. CONFIRMATION OF MINORITY-OWNED BUSINESS: It is the desire of the City of Boynton Beach to 867 UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services 16 increase the participation of minority-owned businesses in its contracting and procurement programs. While the City does not have any preference or set-aside programs in place, it is committed to a policy of equitable participation for these firms. Therefore, each Vendor shall complete the Confirmation of Minority-Owned Business Form and shall submit the form with its Bid/Proposal. 35. ADVERTISING: In submitting an RFP, RFQ, or BID, the Vendor agrees not to use the results as a part of any commercial advertising. Violation of this stipulation may be subject to action covered under “NONCONFORMANCE WITH CONTRACT CONDITIONS”. 36. ASSIGNMENT: Any Purchase Order issued pursuant to this Request for Proposals, Request for Qualifications, or Invitation to Bid and the funds which may become due hereunder are not assignable except with the prior written approval of the City. 37. INDEMNIFICATION: The selected Vendor(s) shall hold and save harmless the City of Boynton Beach, Florida its officers, agents, volunteers, and employees from liability of any kind in the performance of this Contract. Further, the selected Vendor(s) shall indemnify, save harmless and undertake the defense of the City, its City Commissioners, agents, and employees from and against any and all claims, suits, actions, damages, or causes of action arising during the term of this Contract, for any personal or bodily injury, loss of life, or damage to property arising directly or indirectly from Vendor’s operation pursuant to this Contract, and from and against all costs, counsel fees, expenses and liabilities incurred in an about any such claims, the investigation thereof, or the defense of any action or proceedings brought thereon, including through the conclusion of any appeals, and from and against any orders or judgments which may be entered therein. The extent of Vendor’s indemnification shall be limited to one and one-half (1 1/2) times the contract price or One Million Dollars ($1,000,000) per occurrence, whichever is greater. The City shall notify the Vendor within ten (10) days of receipt by the City of any claim, suit, or action against the City arising directly or indirectly from the operations of the Vendor hereunder, for which the City may be entitled to a claim or indemnity against the Vendor, under the provisions of this Contract. Vendor shall have the right to control the defense of any such claim suit or actions. The Vendor shall also be liable to the City for all costs, expenses, attorneys’ fees, and damages that may be incurred or sustained by the City by reason of the Vendor’s breach of any of the provision of the contract. Vendor shall not be responsible for negligent acts of the City or its employees. 38. PURCHASING AGREEMENT WITH OTHER GOVERNMENTAL ENTITIES: If a Vendor is awarded a contract as a result of this Request for Proposal or Invitation to Bid, Vendor will, if Vendor has sufficient capacity or quantities available, provide to other Florida governmental agencies so requesting, the products or services awarded in accordance with the terms and conditions of the Request for Proposal or Invitation to Bid and resulting award. 39. AWARD OF CONTRACT: The low monetary bid will NOT in all cases be awarded the Contract or Purchase Order. Contracts or Purchase Orders will be awarded by the City to the most responsive, responsible Vendor whose bid represents the most advantageous bid to the City, price, and other factors considered. Evaluation of bids will be made based upon the evaluation factors and standards set forth herein. The City reserves the right to reject any and all bids and to waive technical errors as set forth herein. In the event of a Court challenge to an award by any Vendor, damages, if any, resulting from an award shall be limited to actual bid preparation costs incurred by the challenging Vendor. In no case will the award be made until all necessary investigations have been made into the responsibility of the Vendor and the City is satisfied that the most responsive, responsible Vendor is qualified to do the work and has the necessary organization, capital, and equipment to carry out the required work within the time specified. 40. AS SPECIFIED: A Purchase Order will be issued to the successful Vendor with the understanding that all items/services delivered must meet the specifications herein. Items/services delivered not as specified, will be returned at no expense or penalty to the City of Boynton Beach. 41. DELIVERY: Prices shall be quoted F.O.B. Boynton Beach, Florida. F.O.B. destination indicates that the seller is responsible for the shipment until it reaches its destination. Any and all freight charges are to be included in the bid total. The Vendor’s invoice payment terms must be shown. 42. WARRANTY REQUIREMENTS: Each item, including all components and all installed accessories and 868 UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services 17 equipment, shall be guaranteed by the Vendor to be free of defective parts and workmanship. This warranty shall be for a period of 365 days or the time designated in the standard factory warranty, whichever is longer. The warranty will be the same as that offered to the commercial trade and shall be honored by any of the manufacturer’s authorized dealers. Warranty will cover parts, labor, and any necessary shipping. Warranty repairs may be accomplished on City property if space is available; this will be at the sole discretion of the City. Contact Procurement Services for permission to perform warranty service on City property. Warranty to start at the time of acceptance by the City; however, in cases where vehicles or equipment are not immediately placed in service, the Vendor will provide a delay of warranty start-up time. The period of warranty delay will be coordinated by Procurement Services. 43. PRICES, TERMS, AND PAYMENT: Firm prices shall be quoted and include all packing, handling, shipping charges, and delivery to the destination shown herein. Vendor is requested to offer a cash discount for prompt invoice payment. Discount time will be computed from the date of satisfactory delivery at the place of acceptance or from receipt of the correct invoice at the office specified, whichever is later. Upon delivery, the City shall make a final inspection. If this inspection shows that the equipment/service has been delivered/performed in a satisfactory manner in accordance with the specifications, the City shall receive the same. Final payment due to the Vendor shall be withheld until a visual inspection is made by the City’s Designee and merits of performance evaluated. This total acceptance will be done in a reasonable and timely manner. Acceptance shall not exceed thirty (30) days. If any equipment/service has to be rejected for any reason, the Vendor shall be required to pick up the equipment, accomplish the necessary repairs and return the equipment to the City. Warranty repairs may be accomplished on City property if space is available; this will be at the discretion of the City. Title to or risk loss or damage to all items shall be the responsibility of the Vendor unless such loss or damages have been proven to be the result of negligence by the City. 44. TIME OF DELIVERY: The Vendor shall state in the bid/proposal the time of delivery of the equipment. Time is of importance to the City and the Vendor is hereby notified that the date of delivery will be considered as a factor in the evaluation of the bids/proposals. All equipment shall be completely assembled, adjusted, and clean. All standard equipment and specified options shall be installed and the unit made ready for continuous, heavy-duty service. In addition to new equipment pre-delivery service, a thorough condition and specification compliance from these specifications, including manufacturer’s standard equipment items, and accessory equipment supplied by the equipment dealer, which is clearly necessary for the complete operation of the vehicle, shall be considered a requirement although not directly specified in these specifications. 45. CERTIFICATIONS, LICENSE, AND PERMITS: Unless otherwise directed by the City, the vendor should provide a copy of all applicable certificates of Competency or Licenses issued by the State of Florida or the Palm Beach County Construction Industry Licensing Board in the name of the vendor. If applicable, the vendor shall also maintain a current Local Business Tax Receipt (Occupational License) for County and all permits required to complete the agreement/contractual service at no additional cost to City. A County Local Business Tax Receipt (Occupational License) is required unless specifically exempted by law. It shall be the responsibility of the successful vendor to obtain all certifications, licenses, and permits, if required, to complete the services at no additional cost to the City. It is the responsibility of the vendor to ensure all required certifications, licenses, and permits are maintained and are current throughout the term of the agreement/contract, inclusive of any renewals. Licenses and permits shall be readily available for review by the Purchasing Agent and City Inspectors. Failure to meet this requirement shall be considered a default of the agreement/contract. 46. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: The Vendor certifies that all material, equipment, etc., contained in this bid meets all O.S.H.A. requirements. Vendor further certifies that if awarded as the successful Vendor, and the material equipment, etc. delivered is subsequently found to be deficient in any O.S.H.A. requirement in effect on the date of delivery, all costs necessary to bring the materials, equipment, etc., into compliance with the aforementioned requirements shall be borne by the Vendor. 869 UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services 18 Vendor certifies that all employees, subcontractors, agents, etc. shall comply with all O.S.H.A. and State safety regulations and requirements. 47. PALM BEACH COUNTY INSPECTOR GENERAL: The vendor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of any contracts resulting from this solicitation, and in furtherance thereof, may demand and obtain records and testimony from the Vendor and its subcontractors and lower-tier subcontractors. The Vendor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Vendor or its subcontractors or lower-tier subcontractors to fully cooperate with the Inspector General when requested, may be deemed by the municipality to be a material breach of this contract justifying its termination. 48. PUBLIC RECORDS: Sealed documents received by the City in response to a Request for Proposals, Request for Qualifications or Invitation to Bid are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is a public agency subject to Chapter 119, Florida Statutes. The Vendor shall comply with Florida’s Public Records Law. Specifically, the Vendor shall: A. Keep and maintain public records required by the City to perform the service; B. Upon request from the City’s custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Vendor shall destroy all copies of such confidential and exempt records remaining in its possession once the Vendor transfers the records in its possession to the City; and D. Upon completion of the contract, Vendor shall transfer to the City, at no cost to the City, all public records in Vendor’s possession. All records stored electronically by Vendor must be provided to the City, upon request from the City’s custodian of public records, in a format that is compatible with the information technology systems of the City. E. IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE VENDOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK’S OFFICE 100 EAST OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6060 CityClerk@bbfl.us 49. E-VERIFY: Vendor is aware of and complies with the requirements of Section 448.095, Florida Statues, as may be amended from time to time and briefly described herein below. 1) Definitions for this Section: “Contractor” means a person or entity that has entered or is attempting to enter into a contract with a 870 UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services 19 public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration. “Contractor” includes, but is not limited to, a vendor or consultant. “Subcontractor” means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. “E-Verify system” means an Internet-based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 2) Registration Requirement; Termination: Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors, shall register with and use the E-Verify System in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security’s E- Verify System to verify the employment eligibility of: a. All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and b. All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security’s E-Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and c. The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E-Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than twenty (20) calendar days after the date of termination. Termination of this Contract under this Section is not a breach of contract and may not be considered as such. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of one (1) year after the date of termination. 50. PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL, OR IDEOLOGICAL INTERESTS IN GOVERNMENT CONTRACTING -- F.S. 287.05701: Vendors are hereby notified of the provisions of section 287.05701, Florida Statutes, as amended, that the City will not request documentation of or consider a Vendor's social, political, or ideological interests when determining if the Vendor is a responsible Vendor. Vendors are further notified that the City's governing body may not give preference to a Vendor based on the Vendor's social, political, or ideological interests. 51. VENUE AND GOVERNING LAW: Any and all legal actions arising from or necessary to enforce this solicitation and resulting agreement/contract will be held exclusively in Palm Beach County and shall be interpreted according to the laws of Florida. 52. SOVEREIGN IMMUNITY: Nothing contained herein is intended to serve as a waiver of sovereign immunity by the CITY or as a waiver of limits of liability or rights the CITY may have under the doctrine of sovereign immunity or under Section 768.28, Florida Statutes. 53. LOCAL BUSINESS PREFERENCE The City of Boynton Beach Administrative Policy No. 10.16.01 provides for a local business preference. “For all acquisitions made pursuant to Sealed Competitive Bid, as provided in Sec. 10.05, the City shall give preference to a Local Business if the Local Business’ bid is determined to be within five percent (5%) or five thousand dollars ($5,000.00), whichever is less, of the lowest responsible and responsive 871 UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services 20 bidder. In revenue-generating contracts where award, if any, is to be made to the Vendor returning the highest amount to the City, the same preference set forth herein shall be applied with respect to the highest bid/proposal”. In order to be considered for a local business preference, a Vendor must include the Local Business Status Certification Form at the time of bid, or proposal submittal. Failure to submit this form at the time of bid/proposal submittal will result in the Vendor being found ineligible for the local business preference for this solicitation. Failure of the Vendor to comply with the provisions set forth in this General Condition shall constitute a Default and Breach of the Agreement with the City. 54. LEGAL EXPENSES: The City shall not be liable to a vendor for any legal fees, court costs, or other legal expenses arising from the submission of a Request for Proposals, Request for Qualifications, or Invitation to Bid, the interpretation or enforcement of the agreement/contract, or from any other matter generated by or relating to the agreement/contract. 55. NO THIRD-PARTY BENEFICIARIES: No provision of the agreement/contract is intended to, or shall be construed to, create any third-party beneficiary or to provide any rights to any person or entity, not a party to the agreement/contract, including but not limited to any citizen or employees of the City and/or Vendor. 56. SUCCESSORS AND ASSIGNS: The City and the Vendor each binds itself and its successors and assigns to the other party in respect to all provisions of the Bid or proposal and any resulting Contract. Neither the City nor the Vendor shall assign, sublet, convey or transfer its interest in the Contract without the prior written consent of the other. 57. FUNDING OUT: The resultant Agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission for the City of Boynton Beach in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 58. INSURANCE REQUIREMENTS: Vendor shall, at its sole expense, maintain in full force and effect at all times during the life of this agreement/contract, insurance coverages, and limits (including endorsements), as required by the City. These requirements shall not in any manner limit or qualify the liabilities and obligations assumed by the vendor under this agreement/contract. All coverages shall be provided on a primary basis with the City endorsed as an Additional Insured as follows: "The City of Boynton Beach". The Vendor shall provide the City with a Certificate of Insurance evidencing such coverages prior to the commencement of any services and within a time frame specified by the City (normally within 2 working days after request). Failure to maintain the required insurance shall be considered a default of agreement/contract. 59. MISTAKES: Vendors are expected to examine the specifications, delivery schedule, bid or proposal prices, extensions, and all instructions pertaining to supplies and services. Failure to do so will be at Vendor’s risk. 60. FORCE MAJEURE: The agreement/contract which is awarded to the successful vendor may provide that the performance of any act by the City or Vendor thereunder may be delayed or suspended at any time while, but only so long as, either party is hindered in or prevented from the performance by acts of God, pandemic, epidemic, emergency orders, the elements, war rebellion, strikes, lockouts or any cause beyond the reasonable control of such party, provided, however, the City shall have the right to provide substitute service from third parties or City forces and in such event, the City shall withhold payment due to vendor for such period of time. If the condition of force majeure exceeds a period of 14 business days the City may, at its option and discretion, cancel or renegotiate the agreement/contract. 61. PERFORMANCE DURING EMERGENCY: The vendor agrees and promises that immediately preceding, during, and after a public emergency, disaster, hurricane, flood, or act of God, City shall be given "first priority" for all goods and/or services under the agreement/contract. The vendor agrees to 872 UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services 21 provide all goods and/or services to City immediately preceding, during, and after a public emergency, disaster, hurricane, flood, or act of God, at the terms, conditions, and prices as provided in this solicitation on a "first priority" basis. The vendor shall furnish a 24-hour phone number to the City. Failure to provide the goods and/or services to the City on a first priority basis immediately preceding, during, and after a public emergency, disaster, hurricane, flood, or act of God, shall constitute a breach of agreement/contract and subject the vendor to sanctions from doing further business with the City. 62. SALES PROMOTIONS / PRICE REDUCTIONS / MOST FAVORED CUSTOMER: Should sales promotions occur during the term of the agreement/contract that lower the price of the procured item, the vendor shall extend to the City the lower price offered by the manufacturer on any such promotional item. Additionally, any time after award, the vendor may offer a reduced price, which shall remain in effect for the duration of the agreement/contract. The vendor warrants that the price(s) shall not exceed the vendor's price(s) extended to its most favored customer for the same or similar goods or services in similar quantities, or the current market price, whichever is lower. In the event the vendor offers more favorable pricing to one of its customers, the vendor shall extend to the City the same pricing or the then-current market price, whichever is lower. 63. REMEDIES: No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder now or hereafter existing at law, or in equity, by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. 64. ENDORSEMENTS: No endorsements by the City of the goods and/or services will be used by the vendor in any way, manner or form. 65. SEAL, LOGO, and FLAGS: The vendor shall not use the seal(s), logos, crests, or reproductions of flags or likenesses of the CITY or agency officials without specific written pre-approval. 66. DRUG-FREE WORKPLACE: The Vendor shall implement and maintain a drug-free workplace program of at least the following items: a. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. b. Inform employees about the dangers of drug abuse in the workplace, the Vendor's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. c. Give each employee engaged in providing the services that are under agreement/contract a copy of the statement specified in Item Number A above. d. In the statement specified in Item Number A above, notify the employees that, as a condition of providing the services that are under agreement/contract, the employee will abide by the terms of the statement and will notify the Vendor of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893, Florida Statutes, or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) calendar days after such conviction or plea. e. Impose a sanction on, or require satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, for any employee who is so convicted or so pleads. f. Make a good faith effort to continue to maintain a drug-free workplace through the implementation of Section 287.087, Florida Statutes. 67. PROTEST PROCEDURE: Protest procedures are provided in the City of Boynton Beach Purchasing Policy. Protests shall be submitted in writing, addressed to the Purchasing Manager, via hand delivery, or mail, along with a protest cash bond in an amount equal to 5% of the bid or $5,000, whichever is less. The bond will be refunded to a protester if the protest is upheld. The protest must identify the 873 UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services 22 solicitation, specify the basis for the protest, and be received by the Purchasing Department within the deadlines as follows: A. If the protest relates to an Invitation to Bid, Request for Proposal or Request for Qualification, the protest shall be received prior to the bid submittal deadline date. B. If the protest relates to any other matter relating to the RFP, RFQ, or BID, including, but not limited to, the Award of an Agreement/contract, the protest must be received no later than seven (7) regular business days after the date of notification of award by the Purchasing Staff. Failure to file a protest as outlined in the City of Boynton Beach’s Purchasing Policy shall constitute a waiver of proceedings. 68. DEFAULT AND TERMINATION FOR CAUSE: The City may, by written notice of default to the vendor, terminate the agreement/contract in whole or in part if the vendor fails to satisfactorily perform any provisions of this agreement/contract, or fails to make progress so as to endanger performance under the terms and conditions of this agreement/contract, or provides repeated nonperformance, or does not remedy such failure within a period of 30 calendar days after receipt of notice from the City of Boynton Beach specifying such failure. In the event the City terminates the agreement/contract in whole or in part because of default of the vendor, the City may procure goods and/or services similar to those terminated, and the vendor shall be liable for any excess costs incurred due to this action. 69. TERMINATION FOR CONVENIENCE: Whenever the interests of the City so require, terminate the agreement/contract, in whole or in part, for the convenience of the City. Purchasing shall give fourteen (14) business days prior written notice of termination to the vendor, specifying the portions of the agreement/contract to be terminated and when the termination is to become effective. If only portions of the agreement/contract are terminated, the vendor has the right to withdraw, without adverse action, from the entire agreement/contract. Unless directed differently in the notice of termination, the vendor shall incur no further obligations in connection with the terminated work and shall stop work to the extent specified on the date given in the notice of termination. Additionally, unless directed differently, the vendor shall terminate outstanding orders and/or subcontracts related to the terminated work. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK 874 UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services 23 DIESEL/PROPANE GENERATOR AND BYPASS PUMP MAINTENANCE AND REPAIR SERVICE BID No.: UTL24-041 SPECIAL CONDITIONS PURPOSE: The intent of this solicitation is to select a successful Vendor to provide all labor, materials, tools, hardware, equipment, and supervision to provide maintenance and repair services for the City’s Diesel / Propane Generators and Bypass Pumps for various locations within the City of Boynton Beach. AWARD: Successful Bidder awarded shall ensure that proper and sufficient staff, equipment, organization, materials, references, past performance, etc., will be provided for this contract to meet the specifications denoted herein at a paramount level. Once the sealed bids are electronically opened by the City’s e-Procurement Bidding System, the bids will be tabulated and evaluated by the City before recommendation and/or notice of intent to award. The City, in its sole discretion, reserves the right to accept or reject any or all bids for any reason whatsoever. The City further reserves the right to waive irregularities and technicalities and/or to request resubmission. There is no obligation on the part of the City to award the bid to the lowest bidder or any bidder. The City reserves the right to make the award to a responsible bidder submitting a responsive bid most advantageous and in the best interest of the City. The City shall be the sole judge of the bids and the City’s decision shall be final. BID TERM: The initial term of the Bid awarded shall be for two (2) years commencing on the date stated in the executed contract. Upon the expiration of the Initial Term or any renewal term, this Agreement shall automatically renew for up to three (3) additional one-year terms (each a “Renewal Term”) unless at least sixty (60) days prior to the renewal date, either party gives the other party written notice of the intent to not renew for the additional term. Both the Initial Term and all Renewal Term(s) shall be collectively referred to as the “Term”. The City reserves the right to extend automatically for a period not to exceed an additional one hundred eighty (180) calendar days by filing a written notice signed by the vendor to the City’s Purchasing Department in order to provide the City with continuing service without further Commission action. At no time shall this extended transitional period extend more than one hundred eighty (180) calendar days beyond the expiration date of the existing Contract/Agreement. The Vendor will be reimbursed for the services at the rate in effect when this transitional period clause was invoked. EQUITABLE ADJUSTMENT: The City may, in its sole discretion, make an equitable adjustment in the Contract Terms and Conditions and/or pricing. If pricing or availability of supply is affected by extreme or unforeseen volatility in the marketplace that satisfies all the following criteria: 1) the volatility is due to causes wholly beyond the successful BIDDER’s control; 2) the volatility affects the marketplace or industry, not just the particular successful BIDER’s source of supply 3) the effect on pricing or availability of supply is substantial; 4) the volatility so affects the successful BIDDER that continued performance of the contract would result in substantial loss. Prices quoted shall be firm for a two (2) year term period. No price increase shall be accepted in this initial bid term. Please consider this when providing pricing for this Bid. 875 UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services 24 Price increase will be subject to the City’s approval at one (1) year renewals. Any requested price adjustment shall be written, fully documented, and submitted to the City for consideration at least 60 calendar days prior to the bid term anniversary date. The price increase percentage change shall not exceed the previous 1-year’s percentage change of the Consumer Price Index for All Urban Consumers (CPI-U) published by the U.S. Department of Labor’s Bureau of Labor Statistics, or a maximum of five percent (5%). Any approved price adjustments shall become effective on the beginning date of the approved bid extension. Price adjustment for any one-year term will be subject to City’s Commission approval. The City of Boynton Beach reserves the right to approve a price increase within this award. In the event, after examination the City does not wish to accept the adjusted price increase and the matter cannot be resolved to the satisfaction of the City, the contract will be considered canceled on the contract/agreement expiration date. If, at the point of exercising a price increase, market media indicators show that the prices have decreased, and that the Awardee has not passed the decrease on to the City of Boynton Beach, the City reserves the right to place the Awardee in default and cancel the contract/agreement. MATERIAL PRICING AT COST PLUS: The price of the materials sold to the City of Boynton Beach as a result of this bid award shall be based on the bidder’s cost of the actual items. Contractor’s proposed percentage to be added to wholesale cost of materials only. Shipping costs to be added to wholesale cost plus percentage. Copies of invoices for materials to be provided with statements issued to the City for labor and materials. The City of Boynton Beach reserves the right, before awarding the Contract to require a bidder to submit such evidence of qualifications as it may deem necessary, and may consider any evidence available to it of the financial, technical and other qualifications and abilities of a bidder, including past performance (experience) with the City in making the award in the best interest of the City. The City, by written notice, may terminate in whole or in part, any Contract resulting from the invitation to bid, when such action is in the best interest of the City. If the Contract(s) are so terminated, the City shall be liable for payment for services rendered prior to the effective date of termination. Services rendered will be interpreted to include costs of items already delivered plus reasonable costs of supply actions short of delivery. INSURANCE: It shall be the responsibility of the successful Vendor to maintain workers’ compensation insurance, property damage, liability insurance, and vehicular liability insurance, during the time any of vendor’s personnel are working on the City of Boynton Beach property. The vendor shall furnish the City with a certificate of insurance after award has been made prior to the start of any work on City property. Said insured companies must be authorized to do business in the State of Florida and the City will not accept any company that has a rating less than B+ in accordance to A.M. Best’s Key Rating Guide, latest edition. INVOICING AND PAYMENT: Payment for any and all invoice(s) that may arise as a result of a contract or purchase order issued pursuant to this ITB shall minimally meet the following conditions to be considered as a valid payment request. Timely submission of a properly certified invoice(s) in strict accordance with the price(s) and delivery elements as stipulated in the Contract document should be submitted to: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Email: Utilitiesfinance@bbfl.us ; AP@bbfl.us All invoices submitted shall consist of as follows: • Clearly referenced the subject Contract or Purchase Order number; • Provide sufficient salient description to identify the goods and services for which payment is requested; • Contain date of delivery; 876 UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services 25 • Original or legible copy of a signed delivery receipt including both manual signature and printed name of the designated City employee or authorized agent; be clearly marked as “partial”, “complete”, or “final invoice.” The City will accept partial deliveries. The invoice shall contain the Bidder’s Federal Employer Identification Number. The City’s terms of payment, unless otherwise stated in the Contract Documents are “Net 30 Days” after acceptance of goods or services and receipt of an acceptable invoice as described herein. Any other items of payment must have been previously approved by the City and appear on the Contract or Purchase Order document to be binding on the City. Should the City return an invoice for correction, the Vendor shall re-submit a corrected invoice to the City for processing. • It will be the sole responsibility of the Contractor to properly dispose of all construction debris at an authorized landfill and all incurred costs shall be borne by the Contractor. • All work areas must meet safety requirements for pedestrian and vehicular traffic and must be left in a clean and orderly manner. All grass areas and/or private property that are damaged while work area is under construction shall be restored as found by the Vendor prior to leaving the work areas after completion of work. It is recommended that the Vendor keep a before and after picture history, at no cost to the City, should any questions arise and be made available to the Project Manager if needed. • All work must meet or exceed the State of Florida Department of Transportation Applicable Standards including the Florida Building Code and City of Boynton Beach Standards. • The supervision of the execution of this Contract is vested wholly in the Project Manager or his representative, and the orders of the City Commission and/or Utilities Director are to be given through him. The instructions of the Project Manager or his representative are to be strictly and promptly followed in every case. The Vendor may designate a foreman or other representative to receive such instructions in his absence, and failing to do so, he will be held responsible for the execution of any instructions it may be necessary to give in his absence. The Project Manager or his representative is to have free access to the materials and the work at all times for laying out, measuring, inspecting, or oversight of the same, and the Vendor is to afford him all necessary facilities and assistance for so doing. • To prevent all disputes and litigation, it is agreed by the parties hereto that the Utilities Director or City representative shall decide all questions, difficulties, and disputes of any nature which may arise relative to the interpretation of the specifications, construction, prosecution and fulfillment of the contract and task orders, and as to the character, quality, amount and value of any work done and materials furnished under or by reason of the Contract, and his estimates and decisions upon all claims, questions, and disputes shall be final and conclusive upon the parties hereto. • Time is an essential element of the contract and as delay in the execution of work will inconvenience and possibly endanger the public, obstruct traffic, and interfere with business, it is important that once work commences at any site, it be carried through to completion without delays or suspension of operations unless deemed to be necessary by the Project Manager or Inspector. • In the event any delays or suspension of operations occur, the City reserves the right to hire off-duty police, erect barricades, or take whatever actions are necessary to provide for the safety of the site. All costs involved in doing so shall be just claims against the Vendor or the Vendor’s Performance and Payment Bond. By submitting a bid, the Vendor agrees to the conditions as stated above. PLANS AND SPECIFICATIONS: The specifications and all other documentation that make up and constitute the contract shall be followed in strict accordance as to work, material, and dimensions except when the Utilities Project Manager may authorize in writing an exception. Measurement discrepancies shall be decided upon by the Utilities Project Manager or his representative and the Vendor shall not proceed when in doubt as to any dimension or measurement. 877 UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services 26 RESTORATION OF PROPERTY: Property, public or private, if damaged during construction or removed for the convenience of the work shall be repaired or replaced at the expense of the Vendor in a manner acceptable to the Utilities Project Manager, prior to the final acceptance of the work. Such facilities shall include but are not limited to: signalization equipment and miscellaneous hardware removed from the construction site, driveways, walkways, walls, fences, mailboxes, sod, landscaping, irrigation systems, footings, or underground utilities. DELAYS: a. If the Vendor should be delayed in the progress of the work included in the Contract by unforeseeable causes beyond his control, the time for completion of the work may be extended by the Utilities Project Manager or his representative. Requests for extensions of time must be submitted in writing to the Utilities Project Manager or his representative within seven (7) days from the Vendor’s knowledge of a delay. Vendor shall not receive any compensation for additional time required to complete the work as a result of any delay. b. The Vendor shall assume all risks resulting from delays except that should the City, by act or omission, intentionally and without reason, cause delays which result in actual loss to the Vendor. Reimbursement thereof may be adjusted and allowed by the City only after being notified in writing by the Vendor at the time of the delay and after being given an opportunity to verify such money losses as they occur. No payment or adjustment will be allowed to the Vendor as reimbursement for any other delays whatsoever; regardless of by what or by whom caused, even though by other Vendors on the same work, or by times, seasons, or weather; other than amounts provided in the Contract for payment which shall be understood to include and cover all risks due to delays except as stated in the foregoing. c. If the Vendor fails to start the work within the time specified, and if the City should nevertheless permit the Vendor to continue and complete the same without official extension of time in writing, such permission shall not modify nor waive any liability of the Vendor for damages arising from non-completion of work within the time limit, but all such liabilities shall be subject to continuation in full force against the Vendor. d. Liability of the Vendor will include any claim by any person for bodily or property damage after the Notice to Proceed was given for the requested work. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK 878 UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services 27 DIESEL/PROPANE GENERATOR AND BYPASS PUMP MAINTENANCE AND REPAIR SERVICE BID No.: UTL24-041 BIDDERS SUBMISSION REQUIREMENTS Submittal of General Information and Procurement Forms and Documents. Procurement forms must be complete, signed, notarized, uploaded, and/or acknowledged when required and submitted. In addition, all other requests and supporting documentation are required to be included. Bids or Proposals may be found non-responsive if the Vendor fails to provide the information requested in the Invitation to Bid/ Request for Qualifications/Request for Proposals; fails to utilize or complete the required forms; provide incomplete, indefinite, or ambiguous responses; fails to comply with applicable deadlines; provide improper or undated signatures; or provide information that is false, misleading, or exaggerated. a) Online Acknowledgement Proposer Acknowledgement Addenda Acknowledgement Confirmation of Drug-Free Workplace Palm Beach Inspector General b) Online Forms Letter of Interest Confirmation of Minority-Owned Business Local Business Certification Statement of Non-Submittal (if applicable) Schedule of Sub-Consultants References c) Upload Online Bid Form Bid Bond Documents Bidder’s Qualification Statement Anti-Kickback Affidavit Non-Collusion Affidavit Certification Pursuant to Florida Statute § 287.135 Submit current Florida Professional License, including evidence of possession of required licenses or business permits E-Verify Form Pursuant to Florida Statute § 448.095 Affidavit of Compliance with Foreign Entity Laws Affidavit of Compliance with Anti-Human Trafficking Laws Bidder’s Site Inspection Confirmation W-9 Submit any Supplemental information relative to this BID 879 THE DOCUMENTS BEHIND THIS PAGE MUST ACCOMPANY PROPOSAL COMPLETED AND UPLOADED ONLINE 880 THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services 29 BID FORM DIESEL/PROPANE GENERATOR AND BYPASS PUMP MAINTENANCE AND REPAIR SERVICE BID No.: UTL24-041 TO BE COMPLETED AND UPLOADED ONLINE The City of Boynton Beach is seeking qualified VENDORS for DIESEL/PROPANE GENERATOR AND BYPASS PUMP MAINTENANCE AND REPAIR SERVICE under a continuing services contract. The VENDOR shall provide labor, parts, and materials for the maintenance and repairs to its emergency diesel/propane power generators both portable and stationary and bypass pumps located throughout the City of Boynton Beach. Submitted By: Date: ________ (VENDOR) To furnish and deliver all materials and to do and perform all WORK in accordance with the Bid Documents, as follows: 1. The undersigned VENDOR proposes and agrees, if this Bid is accepted, to enter into a contract with the CITY to perform and furnish all WORK as specified herein for the Contract Price and within the Contract Period indicated in this Bid. 2. This Bid will remain subject to acceptance for ninety (90) days after the day of Bid opening. VENDOR will sign and submit the necessary documents required by the CITY within ten (10) days after the date of CITY's Award Letter. 3. In submitting this Bid, VENDOR represents, as more fully set forth in the Contract, that a. VENDOR has examined the Bid Documents, including all addenda. Receipt of all of which is hereby acknowledged; b. VENDOR has familiarized itself with the nature and extent of the Bid Documents, locality, and all local conditions and laws and regulations that in any manner may affect the cost, progress, performance, or furnishing of the WORK. c. VENDOR has given the CITY written notice of all conflicts, errors, or discrepancies that it has discovered in the Bid Documents, and the written resolution thereof by the CITY is acceptable to VENDOR. 4. VENDOR proposes to furnish the WORK in conformity with the specifications listed. The Bid Prices quoted have been checked and certified to be correct. Such Bid Prices are fixed and firm and shall be paid to VENDOR for the successful completion of its obligation as specified in the Bid Documents. 881 THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services 30 5. Communications concerning this Bid shall be as follows: Contact Person Business Address City, State, Zip Code Business Phone Number Email Address Cell Phone Number 6. Other pertinent information is as follows: License Number (Please Attach Copy) Federal Tax ID# Federal Employment ID # Submitted on this _____ day of ____________, 20___. a. (If an individual, partnership, or non-incorporated organization) Signature of VENDOR By b. (If a corporation) (Affix Seal) Signature of VENDOR By Attested by Secretary Incorporated under the laws of the State of _______________________. 882 THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services 31 BID BOND STATE OF FLORIDA ) COUNTY OF PALM BEACH ) KNOW ALL MEN BY THESE PRESENTS, that _________________________________ as Principal, and _________________________________________, as Surety, authorized to do business in the State of Florida are held and firmly bound unto the Owner, City of Boynton Beach in the penal sum of __________________________________________________________ Dollars ($____________) lawful money of the United States, for the payment of which sum will and truly to be made, we bond ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying bid, dated _______________________, 20____, for: (DIESEL/PROPANE GENERATOR AND BYPASS PUMP MAINTENANCE AND REPAIR SERVICE) NOW THEREFORE, A. If the principal shall not withdraw such Bid within ninety (90) calendar days after date of opening of the same, and shall within ten (10) business days after the prescribed forms are presented to the principal for signature, enter into a written Contract with the City in accordance with the Bid as accepted, and give bonds with goods and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such Contract, then the above obligations shall be void and of no effect, otherwise to remain in full force and effect. B. In the event of the withdrawal of such Bid within the period specified, or the failure to enter into such Contract and give such bonds within the time specified, if the principal shall pay the City the difference between the amount specified in such Bid and the amount for which the City may procure the required work and supplies, if the latter amount be in excess of the former then the above obligations shall be void and of no effect, otherwise to remain in full force and effect. 883 THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services 32 IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their several seals, this _____ day of ____________________, 20___, being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of is governing body. WITNESS: (If Sole Ownership or Partnership, two (2) Witnesses required). (If Corporation, Secretary only will attest and affix seal). PRINCIPAL: Name of Firm WITNESS: Signature of Authorized Officer (affixed seal) Title Business Address City and State SURETY: Corporate Surety WITNESS: Attorney-in-Fact (affix seal) Business Address City and State Name of Local Insurance Agency 884 THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services 33 CERTIFICATE AS TO CORPORATE PRINCIPAL I, _______________________________, certify that I am the Secretary of the Corporation named as Principal in the within bond; that _________________________ who signed the such Bid Bond on behalf of the Principal, was then ____________________ of such Corporation; that I know their signature, and their signature hereto is genuine; and that such bond was duly signed, sealed, and attested for and in behalf of such Corporation by authority of its governing body. _____________________________________ Secretary (corporate seal) STATE OF FLORIDA ) COUNTY OF PALM BEACH ) Before me, a Notary Public duly commissioned, qualified and acting, personally appeared by means of ___physical presence or ___online notarization ______________________ to me well known, who being by me first duly sworn upon oath, says that they are the Attorney-in-Fact, for the ________________________________ and that they have been authorized by _______________________________ to execute the foregoing bond on behalf of the VENDOR named therein in favor for the City of Boynton Beach. 885 THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services 34 CERTIFICATE AND AFFIDAVIT FOR BONDS TO: CITY OF BOYNTON BEACH COMMISSIONERS RE: Bid Number: UTL24-041 Vendor: Name: Address: City/ State: _____________________________ ZIP: ________ Phone: Bond Amount: SURETY BOND COMPANY: Name: Address: City/ State: _____________________________ ZIP: ________ Phone: This is to certify that in accordance with Chapter 85-104, Laws of Florida (HB 1266) the insurer named above: 1. Holds a certificate of authority authorizing it to write surety bonds in the state of Florida; 2. Has twice the minimum surplus and capital required by the Florida Insurance Code; and 3. Holds a current valid certificate of authority issued by the United States Department of Treasury under Sections 9304 to 9308 of Title 31 of the United States Code. ___________________________ ___________________________ Date Agent and Attorney-in-Fact 886 THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services 35 BIDDER'S QUALIFICATION STATEMENT DIESEL/PROPANE GENERATOR AND BYPASS PUMP MAINTENANCE AND REPAIR SERVICE BID No.: UTL24-041 TO BE COMPLETED AND UPLOADED ONLINE The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter: Check One Submitted By: Corporation Name: ______________________________________________ Partnership Address: ____________________________________________ Individual City, State, Zip: _______________________________________ Other Telephone No.: _______________________________________ Email Address.: ________________________ 1. State the true, exact, correct, and complete name of the partnership, corporation, trade or fictitious name under which you do business and the address of the place of business. The correct name of the Vendor is: _____________________________________________________________________________ The address of the principal place of business is: _____________________________________________________________________________ _____________________________________________________________________________ 2. If Vendor is a corporation, answer the following: a. Date of Incorporation: _________________________________________ b. State of Incorporation: _________________________________________ c. President's name: ____________________________________________ d. Vice President's name: ________________________________________ e. Secretary's name: ____________________________________________ f. Treasurer's name: ____________________________________________ g. Name and address of Resident Agent: ____________________________ 3. If Vendor is an individual or a partnership, answer the following: a. Date of organization: ________________ 887 THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services 36 b. Name, address, and ownership units of all partners: _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ c. State whether general or limited partnership: ___________________________________ 4. What is the last project of this nature that you have completed? _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ 5. If Vendor is other than an individual, corporation, or partnership, describe the organization and give the name and address of principals: _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ 6. If Vendor is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. _____________________________________________________________________________ 7. How many years has your organization been in business under its present business name? _____________ Under what other former names has your organization operated? _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ 8. Have you ever failed to complete work awarded to you. If so, when, where, and why? _____________________________________________________________________________ 9. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary). _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ 10. Indicate registration, License Numbers, or Certificate Numbers for the business or professions, which are the subject of this Bid. Attach Certificate of Competency and or State Registration. ____________________________________________________________________________ 11. Will you sublet any part of this WORK? If so, give details. 12. State the name and address of the Attorney, if any, for the business. 13. State the names and addresses of all businesses and/or individuals who own and interest of more than five percent (5%) of the Vendor’s business and indicate the percentage owned of each such business and/or individual: 888 THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services 37 14. State the names, addresses, and the type of business of all firms that are partially or wholly owned by the Vendor: 15. Has the Vendor or any principals of the Firm failed to qualify as a responsible Vendor, refused to enter into a contract after an award has been made, failed to complete a contract during the past five (5) years, or been declared to be in default in any contract in the last five (5) years? If yes, please explain below: 16. What will be your turnaround time for written responses to the City’s inquires? 17. Is the financial statement submitted with your bid (if applicable) for the identical organization name for Question #1? YES NO 18. If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent-subsidiary). _____________________________________________________________________________ 19. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or against the Vendor, its parent or subsidiaries, or predecessor organizations during the past five (5) years. Include in the description, the disposition of each petition. _____________________________________________________________________________ 20. List all claims, arbitrations, administrative hearings, and lawsuits brought by or against the Vendor or its predecessor organization(s) during the last five (5) years. The list shall include all case names, case arbitration or hearing identification numbers, the name of the project in which the dispute arose, and a description of the subject matter of the dispute. 21. Is the Vendor currently in default on any loan agreement or financing agreement with any bank, financial institution, or other entity? If yes, specify in detail the circumstances and prospects for resolution. 22. Bank References (include name, job title, address, and telephone number of contact person) – Minimum 1 23. Annual Average Services Revenue of the Vendor for the last three years as follows: Revenue Index Number a. Government Related Work b. Non-Governmental Related Work Total Work (a +b): 889 THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services 38 Services Revenue Index Number 1. Less than $100,000 2. $100,000 to less than $250,000 3. $250,000 to less than $500,000 4. $500,000 to less than $1 million 5. $1 million to less than $2 million 6. $2 million to less than $5 million 7. $5 million to less than $10 million 8. $10 million to less than $25 million 9. $25 million to less than $50 million 10. $50 million or greater 24. Provide description of policies and methods for project monitoring and budgeting control as well as adherence to project schedule. 25. Provide a description of quality assurance/quality control management methods. The VENDOR acknowledges and understands that the information contained in response to this Qualification’s Statement shall be relied upon by CITY in awarding the contract and such information is warranted by VENDOR to be true. The discovery of any omission or misstatement that materially affects the VENDOR’S qualifications to perform under the contract shall cause the CITY to reject the Bid, and if after the award, to cancel and terminate the award and/or contract. The VENDOR also acknowledges that all information listed above may be checked by the CITY and authorizes all entities or persons listed above to answer any and all questions. VENDOR hereby indemnifies the CITY and persons or entities listed above and holds them harmless from any claim arising from such authorization or the exercise thereof, including the dissemination of information requested above. (Signed)________________________________ (Title)__________________________________ The foregoing instrument was acknowledged before me, by means of ☐ physical presence or ☐ online notarization, this ________ day of ________________, 20__, by _______________________________, who is personally known to me or who has produced _________________________________ as identification. Subscribed and sworn to before me This ______ day of _____________________, 202__. ________________________________ Notary Public (Signature) My Commission Expires: ______________ 890 THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services 39 ANTI-KICKBACK AFFIDAVIT DIESEL/PROPANE GENERATOR AND BYPASS PUMP MAINTENANCE AND REPAIR SERVICE BID No.: UTL24-041 TO BE COMPLETED AND UPLOADED ONLINE STATE OF FLORIDA ) : SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein submitted will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my integrator or by an officer of the corporation. By: NAME - SIGNATURE The foregoing instrument was acknowledged before me, by means of ☐ physical presence or ☐ online notarization, this ________ day of ________________, 20__, by _______________________________, who is personally known to me or who has produced _________________________________ as identification. Sworn and subscribed before me this day of , 2024 Printed Information: NAME TITLE NOTARY PUBLIC, State of Florida at Large COMPANY “OFFICIAL NOTARY SEAL” STAMP 891 THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services 40 NON-COLLUSION AFFIDAVIT OF PROPOSER DIESEL/PROPANE GENERATOR AND BYPASS PUMP MAINTENANCE AND REPAIR SERVICE BID No.: UTL24-041 TO BE COMPLETED AND UPLOADED ONLINE State of _____________________________) : County of____________________________) ________________________________________, being first duly sworn, deposes and says that: 1) He is ______________________ of _____________________________, the Vendor that (Title) (Name of Corporation or Integrator) has submitted the attached Bid: 2) He is fully informed respecting the preparation and contents of the attached submittal and of all pertinent circumstances respecting such submittal; 3) By signing and submitting this bid, the Vendor certifies that this bid is made independently and free from collusion; 4) Further, the said Vendor nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived, or agreed, directly or indirectly with any other Vendor, integrator or person to submit a collusive or sham BID in connection with the Contract for which the attached BID has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other Vendor, integrator or person to fix the price or prices in the attached Bid or of any other Vendor, or to fix any overhead, profit or cost element of the Bid price or the Bid price of other Vendor or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Vendor or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. 6) Vendor shall disclose below, to their best knowledge, any City of Boynton Beach officer or employee, or any relative of any such officer or employee as defined in Section 112.3135(1) (c), Florida Statutes, who is an officer of director or, or has a material interest in, the Vendor’s business, who is in a position to influence this procurement. Any City of Boynton Beach officer or employee who has any input into the writing of specifications or requirements, solicitation of offers, decision to award, evaluation of offers, or any other activity pertinent to this procurement is presumed, for purposes hereof, to be in a position to indirectly own any of the total assets or capital stock of any business entity owned or operated by the Vendor, or if they otherwise stand to personally gain if the contract is awarded to this Vendor. 7) Failure to submit this executed statement as part of the bid shall make the bid nonresponsive and not 892 THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services 41 eligible for award consideration. In the event the VENDOR does not indicate any names, the CITY shall interpret this to mean that the VENDOR has indicated that no such relationships exist. Failure of a VENDOR to disclose any relationship described herein shall be reason for termination of bid or award, whichever is applicable, with no time to cure. NAME RELATIONSHIP __________________________________ ____________________________________ __________________________________ ____________________________________ Witnesses: ________________________________ Typed name: ________________________________ Typed name: VENDOR: Signed: ______________________________ Name: ______________________________ Title: _______________________________ The foregoing instrument was acknowledged before me, by means of ☐ physical presence or ☐ online notarization, this ________ day of ________________, 20__, by _______________________________, who is personally known to me or who has produced _________________________________ as identification. Subscribed and sworn to before me This ______ day of _____________________, 20 _____ ______________________________________ Notary Public (Signature) My Commission Expires: ______________ (Signed)________________________________ (Title)__________________________________ 893 THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services 42 CERTIFICATION PURSUANT TO FLORIDA STATUTE § 287.135 DIESEL/PROPANE GENERATOR AND BYPASS PUMP MAINTENANCE AND REPAIR SERVICE BID No.: UTL24-041 TO BE COMPLETED AND UPLOADED ONLINE I, ___________________________________, on behalf of ________________________ certify Print Name and Title Company Name that ______________________________does not: Company Name 1. Participate in a boycott of Israel; and 2. Is not on the Scrutinized Companies that Boycott Israel List; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Syria. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Vendor of the City's determination concerning the false certification. The Vendor shall have ninety (90) calendar days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the 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 Florida Statute § 287.135. Section 287.135, Florida Statutes, prohibits the City from: 1) Contracting with companies for goods or services if at the time of bidding on, submitting a proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel; and 2) Contracting with companies, for goods or services that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, created pursuant to s. 215.473, or are engaged in business operations in Syria. As the person authorized to sign on behalf of the Vendor, I hereby certify that the company identified above in the section entitled "Vendor Name" does not participate in any boycott of Israel, is not listed on the Scrutinized Companies that Boycott Israel List, is not listed on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Syria. I 894 THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services 43 understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject the company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the City for goods or services may be terminated at the option of the City if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. _____________________________ _________________________ COMPANY NAME SIGNATURE __________________________ _________________________ PRINT NAME TITLE _________________________ DATE The foregoing instrument was acknowledged before me, by means of ☐ physical presence or ☐ online notarization, this ________ day of ________________, 20__, by _______________________________, who is personally known to me or who has produced _________________________________ as identification. Subscribed and sworn to before me This day of , 202_ Notary Public (Signature) My Commission Expires: 895 THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services 44 CITY OF BOYNTON BEACH E-VERIFY FORM UNDER SECTION 448.095, FLORIDA STATUTES TO BE COMPLETED AND UPLOADED ONLINE Project Name: DIESEL/PROPANE GENERATOR AND BYPASS PUMP MAINTENANCE AND REPAIR SERVICES Solicitation No.: UTL24-041 1. Definitions: “CONTRACTOR” means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration. “CONTRACTOR” includes, but is not limited to, a vendor or consultant. “SUB-CONTRACTOR” means a person or entity that provides labor, supplies, or services to or for a CONTRACTOR or another SUB-CONTRACTOR in exchange for salary, wages, or other remuneration. “E-Verify system” means an Internet-based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 2. Effective January 1, 2021, CONTRACTORS, shall register with and use the E-Verify system in order to verify the work authorization status of all newly hired employees. CONTRACTOR shall register for and utilize the U.S. Department of Homeland Security’s E-Verify System to verify the employment eligibility of: a) All persons employed by a CONTRACTOR to perform employment duties within Florida during the term of the contract; and b) All persons (including sub-vendors/sub-consultants/sub-CONTRACTORS) assigned by CONTRACTOR to perform work pursuant to the contract with the City of Boynton Beach. The CONTRACTOR acknowledges and agrees that registration and use of the U.S. Department of Homeland Security’s E-Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and c) Should vendor become the successful CONTRACTOR awarded for the above-named project, by entering into the contract, the CONTRACTOR shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E-Verify System to verify the work authorization status of all newly hired employees. CONTRACTOR shall also require all SUB-CONTRACTORS to provide an affidavit attesting that the SUB-CONTRACTOR does not employ, contract with, or subcontract with, an unauthorized alien. The CONTRACTOR shall maintain a copy of such affidavit for the duration of the contract. 3. Contract Termination a) If the City has a good faith belief that a person or entity with which it is contracting has knowingly violated s. 448.09 (1) Fla. Stat., the contract shall be terminated. b) If the City has a good faith belief that a SUB-CONTRACTOR knowingly violated s. 448.095 (2), but the CONTRACTOR otherwise complied with s. 448.095 (2) Fla. Stat., shall promptly notify the CONTRACTOR and order the CONTRACTOR to immediately terminate the contract with the SUB-CONTRACTOR. 896 THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services 45 c) A contract terminated under subparagraph a) or b) is not a breach of contract and may not be considered as such. d) Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. e) If the contract is terminated for a violation of the statute by the CONTRACTOR, the CONTRACTOR may not be awarded a public contract for a period of 1 year after the date of termination. Company Name: Authorized Signature: Print Name: Title Date: Phone: STATE OF _________________) COUNTY OF _________________) The foregoing instrument was acknowledged before me by means of □ physical presence or □ online notarization, this ____ day of _________________, ________, by _____________________ on behalf of __________________________. He/she is personally known to me or has produced __________________ as identification. _____________________________________ NOTARY PUBLIC _______________________________________ (Name of Notary Typed, Printed or Stamped) ______________________________ Title or Rank ______________________ Serial number, if any 897 THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services 46 AFFIDAVIT OF COMPLIANCE WITH FOREIGN ENTITY LAWS DIESEL/PROPANE GENERATOR AND BYPASS PUMP MAINTENANCE AND REPAIR SERVICES RE-BID No.: UTL24-041 TO BE COMPLETED AND UPLOADED ONLINE The undersigned, on behalf of the entity listed below (“Entity”), hereby attests under penalty of perjury as follows: 1. Entity is not owned by the government of a foreign country of concern as defined in Section 287.138, Florida Statutes. (Source: § 287.138(2)(a), Florida Statutes) 2. The government of a foreign country of concern does not have a controlling interest in Entity. (Source: §287.138(2)(b), Florida Statutes) 3. Entity is not organized under the laws of, and does not have a principal place of business in, a foreign country of concern. (Source: § 287.138(2)(c), Florida Statutes) 4. The undersigned is authorized to execute this affidavit on behalf of Entity. Date: ____________________, 20___ Signed: Entity: Name: Title: STATE OF COUNTY OF The foregoing instrument was acknowledged before me, by means of ☐ physical presence or ☐ online notarization, this ____ day of ______________, 20____, by _______________________________, as ____________________________for _____________________________________________________, who is personally known to me or who has produced ________________________ as identification. Notary Public Signature: State of Florida at Large (Seal) Print Name: My commission expires: 898 THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services 47 AFFIDAVIT OF COMPLIANCE WITH ANTI-HUMAN TRAFFICKING LAWS DIESEL/PROPANE GENERATOR AND BYPASS PUMP MAINTENANCE AND REPAIR SERVICES RE-BID No.: UTL24-041 TO BE COMPLETED AND UPLOADED ONLINE In accordance with section 787.06 (13), Florida Statutes, the undersigned, on behalf of the entity listed below (“Entity”), hereby attests under penalty of perjury that: Entity does not use coercion for labor or services as defined in Section 787.06, Florida Statutes, entitled “Human Trafficking.” Date: ____________________, 20___ Signed: Entity: Name: Title: STATE OF COUNTY OF The foregoing instrument was acknowledged before me, by means of ☐ physical presence or ☐ online notarization, this ____ day of ______________, 20____, by _______________________________, as ____________________________for _____________________________________________________, who is personally known to me or who has produced ________________________ as identification. Notary Public Signature: State of Florida at Large (Seal) Print Name: My commission expires: 899 THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services 48 BIDDER’S SITE INSPECTION CONFIRMATION TO BE COMPLETED AND UPLOADED ONLINE Check One: NON-MANDATORY MANDATORY BID TITLE: DIESEL/PROPANE GENERATOR AND BYPASS PUMP MAINTENANCE AND REPAIR SERVICES BID NO.: UTL24-041 as an authorized representative of: (Name and Title of Representative) (hereinafter called the Vendor) located at (Name of Company) and that said Company Address Vendor has visited the site of the work and has carefully examined the scope of work as applicable for said project and checked them in detail before submitting his bid or proposal. DATE OF INSPECTION COMPANY REPRESENTATIVE SIGNATURE TITLE OWNER’S REPRESENTATIVE (City) DATE SIGNATURES FOR MANDATORY SITE INSPECTION 900 THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services 49 DIESEL/PROPANE GENERATOR AND BYPASS PUMP MAINTENANCE AND REPAIR SERVICE BID No.: UTL24-041 BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA TO BE ENTERED INTO BIDDING SITE ONLINE The undersigned declares that they have carefully examined the specifications, and is thoroughly familiar with its provisions and with the quality, type, and grade of service required. The undersigned proposes to deliver the service in accordance with the specifications for “DIESEL/PROPANE GENERATOR AND BYPASS PUMP MAINTENANCE AND REPAIR SERVICE”. Standard Labor Rate For maintenance/inspection or repairs during normal business hours of Monday through Friday between the hours of 8:00 A.M. – 5:00 P.M. $ _____________ per hour Emergency Labor Rate For emergency service/repairs during non- business hours as referenced above and holidays. $ _____________ per hour Premium Labor Rate For service/repairs during a declared emergency in accordance with the City’s Ordinance. $ _____________ per hour Material Pricing Cost Plus (wholesale cost plus percentage) for lubricants, materials, or parts used. __________ % Cost Plus FIXED COST PER GENERATOR <75 KW (Less Than) 75 - 260 KW >260 KW (Greater Than) Quarterly or Every 500 Hours Equipment Inspection Recordkeeping for PBC Department of Health (Reference: Task 1) $ __________ $ __________ $ __________ Annual or Every 500/1000 Hours Equipment Inspection, Fuel and Oil Analysis and Testing Recordkeeping for PBC Department of Health (Reference: Task 2) $ __________ $ __________ $ __________ Installation of Non-Resettable Meter if required $ __________ $ __________ $ __________ 901 UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services – DRAFT AGREEMENT A-1 DRAFT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND [entity name] SUBJECT TO REVISIONS PRIOR TO SIGNING THIS AGREEMENT (“Agreement”), is entered into between the City of Boynton Beach, a municipal corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Ave., Boynton Beach, FL 33435, hereinafter referred to as “CITY”, and ___________ a [type of entity: corporation/partnership/sole proprietor] authorized to do business in the State of Florida, with a business address of ______________, hereinafter referred to as the “VENDOR,” each a “Party” and collectively the “Parties.” In consideration of the mutual benefits, terms, and conditions hereinafter specified, the Parties agree as set forth below. 1. PROJECT DESIGNATION. The VENDOR is retained by the CITY to provide the services, work, and all labor, parts, and materials related as described in Bid No. UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Service. 2. SCOPE OF SERVICES. VENDOR agrees to perform the services required for the Diesel/Propane Generator and Bypass Pump Maintenance and Repair Service on an as-needed basis by way of individual Purchase Orders or Task Orders. If work is ordered by Task Order, the Parties shall complete a Task Order in substantially the form attached hereto as Exhibit A, which shall describe the specific scope of work, identify the location, compensation, any applicable special terms or conditions, and the project schedule and shall be signed by the CITY and VENDOR. Time shall be of the essence for each Task Order. The terms and conditions of Bid No. UTL24-041 and VENDOR’s bid are expressly incorporated into this Agreement by reference. Any conflict or discrepancy between the terms of this Agreement, Bid No. UTL24-041, and VENDOR’s bid, shall be resolved pursuant to the following order of precedence (1) this Agreement, (2) Bid No. UTL24-041; and 3. VENDOR’s bid. 3. TIME FOR PERFORMANCE. Work under this Agreement shall commence upon the giving of written notice by the CITY to the VENDOR to proceed and issuance of a Task Order or Purchase Order. VENDOR shall perform all services and provide all work product required pursuant to this Agreement. 4. TERM. The initial Agreement period shall be for an initial term of two (2) years, commencing on _______ and shall remain in effect through _______ unless otherwise terminated in accordance with this Agreement (“Initial Term”). Upon the expiration of the Initial Term or any renewal term, this Agreement shall automatically renew for up to three (3) additional one-year terms (each a “Renewal Term”) unless at least sixty (60) days prior to the renewal date, either party gives the other party written notice of the intent to not renew for the additional term. Both the Initial Term and all Renewal Term(s) shall be collectively referred to as the “Term”. The City reserves the right to extend automatically for a period not to exceed an additional one hundred eighty (180) calendar days by filling a written notice signed by the vendor to the City’s Purchasing Department in order to provide the City with continuing service. At no time shall this extended transitional period extend more than one hundred eighty (180) calendar days beyond the expiration date of the existing Contract/Agreement. The Vendor will be reimbursed for the services at the rate in effect when this transitional period clause was invoked. Any requested price increase will be subject to the City’s approval at one (1) year renewals. No price changes shall be authorized during the Initial Term. Any requested price adjustment shall be fully documented and submitted to the City for consideration at least 60 calendar days prior to the respective term anniversary date. Price adjustment/increase for any one-year term will be subject to City’s Commission approval. The price increase percentage change shall not exceed the previous 1-year’s 902 UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services – DRAFT AGREEMENT A-2 percentage change of the Consumer Price Index for All Urban Consumers (CPI-U) published by the U.S. Department of Labor’s Bureau of Labor Statistics, or a maximum of five percent (5%). Any approved price adjustments shall become effective on the beginning date of the approved bid extension. 5. MAXIMUM AMOUNTS AND PAYMENT. The VENDOR shall be paid by the CITY for completed work and for services rendered in accordance with the Schedule of Prices attached to this Agreement as Exhibit B, in accordance with the following: 5.1 Maximum Amounts. For all work performed under this Agreement, CITY will pay VENDOR a maximum amount not to exceed $_____________ per year based on the rates in VENDOR’s bid. The annual not to exceed amount for each user department is set forth below. Additional departments may be added from time to time by written amendment to this Agreement. City Department Annual Not To Exceed Amount 5.2 Payment. A. Payment for the work provided by VENDOR shall be made promptly on all invoices submitted to the CITY properly, provided that the total amount of payment to VENDOR shall not exceed the total contract price without express written modification of the Agreement signed by the City Manager or designee as approved by the City Commission as required. B. The VENDOR may submit invoices to the CITY once per month during the progress of the work for partial payment. Such invoices will be checked by the CITY, and upon approval thereof, payment will be made to the VENDOR in the amount approved. C. Final payment of any balance due to the VENDOR of the total contract price earned will be made promptly upon CITY’s ascertainment, verification, and acceptance that the Work is completed in accordance with this Agreement. D. Payment as provided in this section by the CITY shall be full compensation for Work performed, including services rendered and all materials, supplies, equipment, and incidentals necessary to complete the Work. E. The VENDOR’s records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the CITY and State for a period of five (5) years after the termination of the Agreement. Copies shall be made available upon request. F. All payments shall be governed by the Local Government Prompt Payment Act, as set forth in Part VII, Chapter 218, Florida Statutes. 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications, and other materials produced by the VENDOR in connection with the services rendered under this Agreement shall be the property of the CITY whether the project for which they are made is executed or not. The VENDOR shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference, and use in connection with VENDOR’s endeavors. 7. COMPLIANCE WITH LAWS. VENDOR shall, in performing the Work contemplated by this Agreement, faithfully observe and comply with all federal, State of Florida, and City of Boynton Beach ordinances and regulations that are applicable to the Work rendered under this Agreement. 8. INDEMNIFICATION. A. The VENDOR shall indemnify and hold harmless the CITY, its officers, employees, agents and instrumentalities from any and all liability, losses, or damages, including attorneys' fees and costs of defense through the conclusion of any appeals, which the CITY or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or 903 UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services – DRAFT AGREEMENT A-3 proceedings of any kind or nature arising out of, relating to and resulting from the performance of this Agreement by the VENDOR, its employees, agents, partners, principals or subcontractors. The VENDOR shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits, or actions of any kind or nature in the name of the CITY, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys’ fees which may issue thereon. Neither party to this Agreement shall be liable to any third party claiming directly or through the other respective party, for any special, incidental, indirect, or consequential damages of any kind, including but not limited to lost profits or use that may result from this Agreement or out of the services or goods furnished hereunder. B. The parties understand and agree that the covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to the party's responsibility to indemnify. C. Nothing contained herein is intended nor shall be construed to waive CITY’s rights and immunities under the common law or §768.28, Fla. Stat., as may be amended from time to time. 9. INSURANCE. A. During the performance of the Work under this Agreement, VENDOR shall maintain the following insurance policies, and provide originals or certified copies of all policies to CITY’s Risk Management. All policies shall be written by an insurance company authorized to do business in Florida. VENDOR shall be required to obtain all applicable insurance coverage, as indicated below, prior to commencing any Work pursuant to this Agreement: i. Worker’s Compensation Insurance: The VENDOR shall procure and maintain, for the life of this Agreement, Worker’s Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer’s Liability with limits meeting all applicable state and federal laws. This coverage must extend to any subcontractor that does not have their own Worker’s Compensation and Employer’s Liability Insurance. The policy must contain a waiver of subrogation in favor of the City of Boynton Beach, executed by the insurance company. ii. Comprehensive General Liability: The VENDOR shall procure and maintain for the life of this Agreement, Comprehensive General Liability Insurance. This coverage shall be on an “Occurrence” basis. Coverage shall include Premises and Operations; Independent consultants, Products-Completed Operations and Contractual Liability with specific reference to Article 12, “Indemnification” of this Agreement. This policy shall provide coverage for death, personal injury, or property damage that could arise directly or indirectly from the performance of this Agreement. VENDOR shall maintain a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury/ and $1,000.000 per occurrence/aggregate for property damage. The general liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty (30) days prior written notice to the CITY. iii. Business Automobile Liability: The VENDOR shall procure and maintain, for the life of this Agreement, Business Automobile Liability Insurance. The VENDOR shall maintain a minimum amount of $1,000,000 combined single limit for bodily injury and property damage liability to protect the VENDOR from claims for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non-owned automobile, included rented automobiles, whether such operations be by the VENDOR or by anyone directly or indirectly employed by the VENDOR. iv. Professional Liability (Errors and Omissions) Insurance: The VENDOR shall procure and maintain for the life of this Agreement in the minimum amount of $1,000,000 per occurrence. v. Umbrella/Excess Liability Insurance: in the amount of $1,000,000.00 as determined appropriate by the CITY, depending on the type of job and exposures contemplated. 904 UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services – DRAFT AGREEMENT A-4 Coverage must follow the Risk Management Insurance Advisory Form of the General Liability, Auto Liability, and Employer’s Liability. This coverage shall be maintained for a period of no less than the later of three (3) years after the delivery of goods/services or final payment pursuant to the Agreement. B. VENDOR shall provide the CITY with all Certificates of Insurance required under this section prior to beginning performance under this Agreement. Failure to maintain the required insurance will be considered a default of the Agreement. C. The CITY shall be named as an additional insured. The coverage shall contain no limitations on the scope of protection afforded the CITY, its officers, officials, employees, or volunteers. A current valid insurance policy meeting the requirements herein identified shall be maintained during the duration of this Agreement, and shall be endorsed to state that coverage shall not be suspended, voided or cancelled by either party, reduced in coverage in limits except after thirty (30) calendar days prior written notice by either certified mail, return receipt requested, has been given to the CITY. D. The CITY reserves the right to reasonably require any additional insurance coverage or increased limits as determined necessary by the Risk Management. The CITY reserves the right to review, modify, reject, or accept any required policies of insurance, including limits, coverage, or endorsements throughout the Term of the Agreement. 10. INDEPENDENT CONTRACTOR. The VENDOR and the CITY agree that the VENDOR is an independent contractor with respect to the Work provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither VENDOR nor any employee of VENDOR shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this Agreement. The CITY shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to VENDOR, or any employee of VENDOR. 11. COVENANT AGAINST CONTINGENT FEES. The VENDOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the VENDOR, to solicit or secure this Agreement, and that VENDOR has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the VENDOR any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 12. DISCRIMINATION PROHIBITED. The VENDOR, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, gender, disability, marital status, political affiliation, pregnancy, gender identity and expression, sex or the presence of any physical or sensory handicap in the selection and retention of employees, procurement of materials or supplies, or in the performance of any Work pursuant to this Agreement. 13. ASSIGNMENT. The VENDOR shall not sublet or assign any of the Work covered by this Agreement without the express written consent of the CITY. 14. NON-WAIVER. Waiver by the CITY of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. TERMINATION. A. Termination for Convenience. This Agreement may be terminated by the CITY for convenience upon fourteen (14) business days of written notice by the CITY to the VENDOR, in which event the VENDOR shall be paid its compensation for services performed through the termination date, including services reasonably related to termination. In the event that the 905 UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services – DRAFT AGREEMENT A-5 VENDOR abandons this Agreement or causes it to be terminated, the VENDOR shall indemnify the CITY against loss pertaining to this termination. B. Termination for Cause. This Agreement may be terminated for cause by the aggrieved party if the party in breach has not corrected the breach within thirty (30) calendar days after receipt of written notice from the aggrieved party identifying the breach. This Agreement may be terminated for cause by CITY for reasons including, but not limited to, VENDOR’s failure to suitably or continuously perform the services in a manner calculated to meet or accomplish the objectives in this Agreement, or repeated submission (whether negligent or intentional) for payment of false or incorrect bills or invoices. C. In the event of the death of a member, partner, or officer of the VENDOR, or any of its supervisory personnel assigned to the project, the surviving members of the VENDOR hereby agree to complete the work under the terms of this Agreement, if requested to do so by the CITY. This section shall not be a bar to renegotiations of this Agreement between surviving members of the VENDOR and the CITY, if the CITY so chooses. D. Notice of termination shall be provided in accordance with the “Notices” section of this Agreement. E. In addition to any termination rights stated in this Agreement, CITY shall be entitled to seek any and all available contractual or other remedies available at law or in equity, including recovery of costs incurred by CITY due to VENDOR’s failure to comply with any term(s) of this Agreement. 16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction exclusively in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 17. NOTICE. All notices required in this Contract shall be sent by certified mail, return receipt requested, and if sent to CITY shall be mailed to: Daniel Dugger, City Manager City of Boynton Beach 100 East Ocean Ave., Boynton Beach, FL 33435 Telephone No. (561) 742-6000 Notices to VENDOR shall be sent to the following address: ATTN: Address: Phone: Email: 18. PUBLIC RECORDS. The Vendor shall comply with Florida’s Public Records Law. Specifically, the VENDOR shall: A. Keep and maintain public records required by the CITY to perform the Work; B. Upon request from the CITY’s custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Fla. Stat. or as otherwise provided by law; 906 UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services – DRAFT AGREEMENT A-6 C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, VENDOR shall destroy all copies of such confidential and exempt records remaining in its possession once the VENDOR transfers the records in its possession to the CITY; and D. Upon completion of the contract, VENDOR shall transfer to the CITY, at no cost to the CITY, all public records in VENDOR’s possession All records stored electronically by VENDOR must be provided to the CITY, upon request from the CITY’s custodian of public records, in a format that is compatible with the information technology systems of the CITY. IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE VENDOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK’S OFFICE 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6060 CityClerk@bbfl.us 19. UNCONTROLLABLE FORCES. A. Neither the CITY nor VENDOR shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non-performing party could not avoid. The term “Uncontrollable Forces” shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the non- performing party. It includes but is not limited to, fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. B. Neither party shall, however, be excused from performance if non-performance is due to forces that are preventable, removable, or remediable and which the non-performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. 20. SCRUTINIZED COMPANIES. By execution of this Agreement, VENDOR certifies that VENDOR is not participating in a boycott of Israel. VENDOR further certifies that VENDOR is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has VENDOR been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the CITY will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The CITY shall provide notice, in writing, to VENDOR of the CITY's determination concerning the false certification. VENDOR shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, VENDOR shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If VENDOR does not demonstrate that the CITY's determination of false certification was made in error, then the CITY shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 907 UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services – DRAFT AGREEMENT A-7 21. E-VERIFY. VENDOR is used interchangeably with CONTRACTOR throughout this Section. VENDOR certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statutes, as may be amended from time to time and briefly described herein below. A. Definitions for this Section: i. “Contractor” means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration. “Contractor” includes, but is not limited to, a vendor or consultant. ii. “Subcontractor” means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. iii. “E-Verify system” means an Internet-based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. B. Registration Requirement; Termination. Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors shall register with and use the E-Verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security’s E-Verify System to verify the employment eligibility of: i. All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; ii. All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by Contractor to perform work pursuant to the contract with the CITY of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security’s E-Verify System during the term of the contract is a condition of the contract with the CITY of Boynton Beach; and iii. The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to, registration and utilization of the E-Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than twenty (20) calendar days after the date of termination. Termination of this Contract under this Section is not a breach of contract and may not be considered as such. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of one (1) year after the date of termination. 23. MISCELLANEOUS. A. No assignment by a party hereto of any rights under or interests in this Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. B. CITY and VENDOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, their partners, successors, assigns, and legal representatives in respect of all covenants, agreements, and obligations contained in this Agreement. 908 UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services – DRAFT AGREEMENT A-8 C. In the event that either party brings suit for enforcement of this Agreement, each party shall bear its own attorney's fees and court costs, except as otherwise provided under the indemnification provisions set forth herein above. D. Prior to final payment of the amount due under the terms of this Agreement, to the extent permitted by law, a final waiver of lien shall be required to be submitted by the VENDOR, as well as all suppliers and subcontractors whom worked on the project that is the subject of this Agreement. Payment of the invoice and acceptance of such payment by VENDOR shall release CITY from all claims of liability by VENDOR in connection with this Agreement. E. At all times during the performance of this Agreement, VENDOR shall protect CITY's property from all damage whatsoever on account of the work being carried on under this Agreement. F. It shall be the VENDOR’s responsibility to be aware of and comply with all statutes, ordinances, rules, orders, regulations, and requirements of all local, city, state, and federal agencies as applicable. G. This Agreement represents the entire and integrated agreement between CITY and VENDOR and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement is intended by the parties hereto to be the final expression of this Agreement, and it constitutes the full and entire understanding between the parties with respect to the subject hereof, notwithstanding any representations, statements, or agreements to the contrary heretofore made. In the event of a conflict between this Agreement, the solicitation, and the VENDOR’s bid proposal, this Agreement shall govern then the solicitation, and then the bid proposal. This Agreement may be amended only by written instrument signed by both CITY and VENDOR. H. This Agreement will take effect on the Effective Date. This Agreement may be executed by hand or electronically in multiple originals or counterparts, each of which shall be deemed to be an original and together shall constitute one and the same agreement. Execution and delivery of this Agreement by the Parties shall be legally binding, valid, and effective upon delivery of the executed documents to the other party through facsimile transmission, email, or other electronic delivery. I. Non-Exclusive; No Guaranty. This Agreement is non-exclusive and the CITY reserves the right to award other contracts for work falling within the scope of this Agreement. No Purchase Order(s), Task Order(s), or minimum amount of work or compensation is guaranteed under this Agreement. 24. DEFAULT OF CONTRACT & REMEDIES. A. Correction of Work. If, in the judgment of CITY, Work provided by VENDOR does not conform to the requirements of this Agreement, or if the Work exhibits poor workmanship, CITY reserves the right to require that VENDOR correct all deficiencies in the Work to bring the work into conformance without additional cost to CITY, and/or replace any personnel who fail to perform in accordance with the requirements of this Agreement. CITY shall be the sole judge of non-conformance and the quality of workmanship. B. Default of Contract. The occurrence of any one or more of the following events shall constitute a default and breach of this Agreement by VENDOR : i. The abandonment of the project by VENDOR for a period of more than seven (7) business days. ii. The abandonment, unnecessary delay, refusal of, or failure to comply with any of the terms of this Agreement or neglect, or refusal to comply with the instructions of the CITY’s designee. iii. The failure by VENDOR to observe or perform any of the terms, covenants, or conditions of this Agreement to be observed or performed by VENDOR, where such failure shall continue for a period of seven (7) days after written notice thereof by CITY to VENDOR; provided, however, that if the nature of VENDOR 's default is such that more than seven (7) days are reasonably required for its cure, then VENDOR shall not be deemed to be in default if VENDOR commences such cure within said seven (7) day period and thereafter diligently prosecutes 909 UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services – DRAFT AGREEMENT A-9 such cure to completion. iv. The assignment and/or transfer of this Agreement or execution or attachment thereon by VENDOR or any other party in a manner not expressly permitted hereunder. v. The making by VENDOR of any general assignment or general arrangement for the benefit of creditors, or the filing by or against VENDOR of a petition to have VENDOR adjudged a bankruptcy, or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against VENDOR, the same is dismissed within sixty (60) calendar days); or the appointment of a trustee or a receiver to take possession of substantially all of VENDOR's assets, or for VENDOR 's interest in this Agreement, where possession is not restored to VENDOR within thirty (30) calendar days; for attachment, execution or other judicial seizure of substantially all of VENDOR 's assets, or for VENDOR 's interest in this Agreement, where such seizure is not discharged within thirty (30) calendar days. C. Remedies in Default. In case of default by VENDOR, CITY shall notify VENDOR, in writing, of such abandonment, delay, refusal, failure, neglect, or default and direct VENDOR to comply with all provisions of the Agreement. If the abandonment, delay, refusal, failure, neglect, or default is not cured within seven (7) business days of when notice was sent by CITY, CITY may declare a default of the Agreement and notify VENDOR of such declaration of default and terminate the Agreement. i. CITY may complete the Agreement, or any part thereof, either by day labor, use of a subcontractor, or by re-letting a contract for the same, and procure the equipment and the facilities necessary for the completion of the Agreement, and charge the cost of same to VENDOR together with the costs incident thereto to such default. ii. In the event CITY completes the Agreement at a lesser cost than would have been payable to VENDOR under this Agreement, if the same had been fulfilled by VENDOR, CITY shall retain such differences. Should such cost to CITY be greater, VENDOR shall pay the amount of such excess to the CITY. iii. Notwithstanding the other provisions in this Article, CITY reserves the right to terminate the Agreement at any time, whenever the service provided by VENDOR fails to meet reasonable standards of the trade after CITY gives written notice to the VENDOR of the deficiencies as set forth in the written notice within thirty (30) calendar days of the receipt by VENDOR of such notice from CITY. 25. SOVEREIGN IMMUNITY. Nothing contained herein is intended to serve as a waiver of sovereign immunity by the CITY or as a waiver of limits of liability or rights the CITY may have under the doctrine of sovereign immunity or under Section 768.28, Florida Statutes. 26. TRUTH-IN-NEGOTIATION CERTIFICATE. A. Execution of this Agreement by the VENDOR shall act as the execution of a truth-in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement is accurate, complete, and current as of the date of the Agreement and no higher than those charged to the VENDOR’s most favored customer for the same or substantially similar service. B. The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete, or non-current wage rates or due to inaccurate representations of fees paid to outside vendors. The CITY shall exercise its rights under this “Certificate” within one (1) year following payment. 27. ENTITIES OF FOREIGN CONCERN. The provisions of this section apply only if Vendor or any subcontractor will have access to an individual’s personal identifying information under this Agreement. Vendor represents and certifies: (i) Vendor is not owned by the government of a foreign country of 910 UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services – DRAFT AGREEMENT A-10 concern; (ii) the government of a foreign country of concern does not have a controlling interest in Vendor; and (iii) Vendor is not organized under the laws of and does not have its principal place of business in, a foreign country of concern. Prior to Vendor and any subcontractor having access to personal identifying information pursuant to this Agreement, Vendor and any subcontractor shall submit to City executed affidavit(s) under penalty of perjury, in a form approved by City attesting that the entity does not meet any of the criteria in 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. 28. 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. SIGNATURE PAGE FOLLOWS 911 UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services – DRAFT AGREEMENT A-11 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. CITY OF BOYNTON BEACH COMPANY Daniel Dugger, City Manager (Signature), Company Date: ________________________ Print Name of Authorized Official Title Date: __________________________ (Corporate Seal) Attest/Authenticated: Witness Print Name Approved as to Form: _________________________________ Shawna G. Lamb, Office of the City Attorney ––––––––––––––––––––––––––––––––– Maylee De Jesus, City Clerk 912 UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services – DRAFT AGREEMENT A-12 EXHIBIT A FORM OF TASK ORDER CITY OF BOYNTON BEACH __________ Services Task Order Task Order No. _____ Contractor: _______________________ (“Contractor”) 1. Task/Project. _____________(Insert title and brief description)_______________________________ 2. Detailed Scope of Services. A detailed scope of services under this Task Order, in accordance with the Agreement, is attached as Exhibit ____. 3. Deliverables and Schedule. Contractor shall complete the services or deliver to the City the deliverables specified at the time indicated on the attached Exhibit ____. 4. Compensation. The total Fee to be paid to Contractor under this Task Order shall not exceed _______________________, based on the hourly rates currently in effect under the Agreement. A detailed fee schedule is attached as Exhibit ______. The payment schedule (based on deliverables) is attached as Exhibit ______. 5. Agreement Reference. This Task Order shall be performed under the terms and conditions described within the ______________________ Services Agreement, dated ________________________, 20____, by and between the City of Boynton Beach and __________________, Contract No. _____. 6. Insurance. Contractor shall maintain insurance coverages in accordance with the Agreement and hereby confirms that Certificate(s) of Insurance evidencing current policies meeting the requirements of the Agreement are on file with the City as of the date of this Task Order. 7. Exhibits. All attached Exhibits are incorporated fully into this Task Order and the Agreement. 913 UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services – DRAFT AGREEMENT A-13 8. Notice to Proceed. Contractor shall commence Services under this Task Order upon receipt of a fully executed Task Order and PO from the City. CONTRACTOR: CITY OF BOYNTON BEACH By: ________________________________ By: _________________________________ Daniel Dugger, City Manager Print Name: ________________________ Date: _______________________, 20___ Date: _______________________, 20___ City Attorney’s Office Approved as to form and legality By: __________________ 914 UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services – DRAFT AGREEMENT A-14 EXHIBIT B SCHEDULE OF PRICES (TO BE INSERTED AFTER BID AWARD) 915 INSURANCE ADVISORY IA - 1 City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of “B+” or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED General Liability General Aggregate $ 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners & Contractor's Protective (OCP) Personal & Adv. Injury $ 1,000,000.00 Asbestos Abatement Each Occurrence $ 1,000,000.00 Lead Abatement Fire Damage (any one fire) $ 50,000.00 Broad Form Vendors Med. Expense (any one person) $ 5,000.00 Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Fire Legal Liability Professional Liability Aggregate $ 1,000,000.00 Automobile Liability Combined Single Limit $ 1,000,000.00 Any Auto All Owned Autos Hired Autos Non-Owned Autos Excess Liability Umbrella Form Each Occurrence Aggregate to be determined to be determined Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 1,000,000.00 Disease, Policy Limit $ 1,000,000.00 Disease Each Employee $ 1,000,000.00 Property: Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost Installation Floater Limits based on Project Cost Other - As Risk Identified to be determined INSURANCEADVISORYFORM Revised 04/2021 916 UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services ATTACHMENTS 917 UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services ATTACHMENT “A” SAMPLE PERFORMANCE EVALUATION QUESTIONNAIRE (FOR INFORMATIONAL PURPOSES ONLY) Instructions: Performance evaluations shall be completed by the Project Manager for the following: (1) all Contracts; (2) all individual Work Orders. Work Orders with a term of six (6) months or more at a minimum, the Project Manager shall complete performance evaluations at the mid-point of the project term or at more frequent intervals as required by the Work Order and at the time of Work Order or Contract completion. It is especially important for the Project Manager to contact a Procurement representative to advise of any performance issues so that Procurement can assist with efforts to bring performance back to acceptable standards. It is equally important to complete this form whenever any of the performance indicators are either “marginal” or “unsatisfactory” even when this is not within the normal review cycle. In the event the Average Rating Score is “marginal” or “unsatisfactory” even after reasonable efforts have been taken by the City to improve performance, the Project Manager shall coordinate with Procurement to determine what action needs to be taken under the circumstances. When completed, forward the evaluation form to Procurement. Procurement will keep track of the Average Rating Scores (Line 11) for all evaluations completed for the entire term of the Contract/Work Order. The completed Performance Evaluation form will be retained in Procurement and will be available as a record of current performance for use in the evaluation process of future solicitations released by the District. The completed evaluation is available to the contractor upon a Public Records request pursuant to Chapter 119, F.S. Contract/Work Order No. Contractor Evaluation Period Interim Final Project Title If evaluating under a work order contract, specify type Check the appropriate ratings for Lines 1 through 8. Sum the individual ratings, by column, to produce the Individual Column Ratings on Line 9. Sum the Individual Column Ratings in Line 9 to produce the Total Rating Score on Line 10. Divide the Total Rating Score in Line 10 by the number 8 (the number of performance indicators in Lines 1-8) to produce the Average Rating Score in Line 11. Performance Indicators Rating Unsatisfactory Marginal Satisfactory Very Good Exceptional 1. Planning & Approach 1 2 3 4 5 2. Staff Capability 1 2 3 4 5 3. Staff Effectiveness 1 2 3 4 5 4. Flexibility in Meeting City’s Goals 1 2 3 4 5 5. Promptness of Deliverables/Milestones/Reports 1 2 3 4 5 6. Report and Drawings Quality 1 2 3 4 5 7. Quality of Work Completed 1 2 3 4 5 8. Contract Under or at Budgeted Cost and Invoicing Procedures 1 2 3 4 5 9. Individual Column Rating (Total lines 1-8.) 10. Total Rating Score (Total row 9.) 11. Average Rating Score (Divide line 10 by the number 8.) 918 UTL24-041 Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services In Lines 12 through 21, provide any additional detail, as deemed necessary, to support the ratings given in Lines 1 through 8 as well as any additional comments regarding SBE utilization on Line 20. Additional space is available on Line 22 if needed. 12. Current tasks completed and/or deliverables received? If no, reason: Yes No 13. Current work completed ahead/on schedule? If no, number of days late: and reason: Yes No 14. Contract currently under/at budgeted cost? If not at budget, specify amount over $ and reason: Yes No 15. Contractor strengths: 16. Contractor weaknesses: 17. Specific problems incurred: 18. How may these have been prevented? 19. Additional comments/recommendations: 20. Comments on sub-contractor utilization: 21. Currently recommend firm for future contracts/work orders of this type? If “No” or “Possibly”, an explanation must be provided in Line 22 below. Yes Project Manager (sign) Date Section Administrator (sign) Date No 22. Please indicate any additional comments corresponding to Performance Indicators (Lines 1-8) on Page 1 – explain marginal/unsatisfactory performance; if either “No” or “Possibly” apply to Question 21, an explanation must be provided here. Additional sheets may be attached if necessary. Number Remarks # # CONTRACT MANAGEMENT/PROCUREMENT USE ONLY Please indicate any additional comments corresponding to the numbered question on Page 1 and/or Page 2: Number Remarks # # Evaluation Number/Score: Comments: Running Average Score: Procurement Representative (sign) Date Other Required Approval (sign) Date 919 Addendum No. 1 UTL24-041 – Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services 1 The City of Boynton Beach Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6310 ADDENDUM No. 1 DATE: August 27, 2024 BID NO: UTL24-041 BID TITLE: Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services Closing Date Remains Unchanged: Thursday, September 12, 2024, 2:30 PM This addendum to the drawings, specifications, and/or contract documents is issued to provide additional information and clarification to the original Bid specifications and proposal form and is hereby declared a part of the original drawings, specifications and/or contract documents. In case of a conflict, this Addendum shall govern. Words in strike-through type are deletions from existing text. Words in bold, underlined and/or red type are additions to existing text. REVISIONS to BID DOCUMENT: Please see the Revised BID uploaded under Documents. • Notice to Contractors o Location of Site Visits, pages 3 – 4 o Public Records Disclosure, page 5 If you have any further questions or require additional clarification, please submit to the Purchasing representative through the Bidding System only by clicking the “Submit a Question” button for this specific Solicitation. Sincerely, City of Boynton Beach Financial Services 920 Addendum No. 2 UTL24-041 – Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services 1 The City of Boynton Beach Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6310 ADDENDUM No. 2 - CLARIFICATIONS DATE: September 6, 2024 BID NO: UTL24-041 BID TITLE: Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services Closing Date Remains Unchanged: Thursday, September 12, 2024, 2:30 PM This addendum to the drawings, specifications, and/or contract documents is issued to provide additional information and clarification to the original Bid specifications and proposal form and is hereby declared a part of the original drawings, specifications and/or contract documents. In case of a conflict, this Addendum shall govern. Words in strike-through type are deletions from existing text. Words in bold, underlined and/or red type are additions to existing text. Question 1: Are you requiring the air filters included in major pricing? This is usually a quoted item. Answer 1: No Question 2: Is Oem Parts required or can we use equivalent parts. Answer 2: OEM parts are preferred, but equivalent parts are accepted when OEM parts are unavailable. Question 3: How long is the quarterly “test run” for? Answer 3: 30 minutes Question 4: How will parts and filters be approved or is there a list of approved brands? Answer 4: Parts and filters will be submitted via email to the Utilities Department for approval. Question 5: How are the pumps to be priced for quarterly/annuals (no KW or HP rating indicated for the pumps)? Answer 5: Horsepower (HP) and Quarterly. 921 Addendum No. 2 UTL24-041 – Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services 2 Question 6: Are any of the generator’s medium voltage (greater than 480V)? If so, which ones? Answer 6: No Question 7: When portable generators and pumps are due for their quarterly and annual maintenance, will they be at the location(s) listed on the inventory list for performance of the scheduled maintenance? If not when and how are their location(s) communicated for performance of the maintenance? Answer 7: Bypass pumps or portable generators could be at a different location on the service date. We can’t promise portable generators or bypass pumps are always going to be at the listed location at all times. Each department will work with the awarded vendor to determine the best form of communicating the change of locations. Question 8: On the pricing page (pg 49) there is a line for pricing of the installation of the Non-resettable meter, would the meter be provided by the City or invoiced separately? Answer 8: The City will not provide any tools or equipment. The firm should provide all the tools and equipment that are required. Question 9: Just to confirm, the “fixed” cost per generator provided would be essentially for the labor portion of the maintenance only and would not include the cost of the parts utilized (filters, oil, etc)? So that any parts used would be detailed and invoiced at the cost plus rate? Is this correct? Answer 9: Yes, to all Question 10: Are there any trailer units with Tier 4 emission requirements? If so, please indicate which ones? Answer 10: No If you have any further questions or require additional clarification, please submit to the Purchasing representative through the Bidding System only by clicking the “Submit a Question” button for this specific Solicitation. Sincerely, City of Boynton Beach Financial Services 922 Addendum No. 3 UTL24-041 – Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services 1 The City of Boynton Beach Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6310 ADDENDUM No. 3 DATE: September 10, 2024 BID NO: UTL24-041 BID TITLE: Diesel/Propane Generator and Bypass Pump Maintenance and Repair Services Closing Date Remains Unchanged: Thursday, September 12, 2024, 2:30 PM This addendum to the drawings, specifications, and/or contract documents is issued to provide additional information and clarification to the original Bid specifications and proposal form and is hereby declared a part of the original drawings, specifications and/or contract documents. In case of a conflict, this Addendum shall govern. Words in strike-through type are deletions from existing text. Words in bold, underlined and/or red type are additions to existing text. Question 1: The question was asked during the Pre-Bid Meeting, but not addressed on the addendum. It was mentioned in the meeting that the bid lists load banking for mobile units only, but the department heads wanted other units load banked. Please confirm which units need to be load banked. Answer 1: All portable and mobile generators need to be load banked at least once a year. REVISIONS to BID DOCUMENT: Please see the Revised Bid uploaded under Documents. • Scope of Work and Specifications – Task 2, page 9 If you have any further questions or require additional clarification, please submit to the Purchasing representative through the Bidding System only by clicking the “Submit a Question” button for this specific Solicitation. Sincerely, City of Boynton Beach Financial Services 923 City of Boynton Beach Agenda Item Request Form 7.D Consent Bids and Purchases over $100,000 10/15/2024 Meeting Date: 10/15/2024 Proposed Resolution No. R24-260- Approve the purchase of AWC A-782 Polyphosphate Corrosion-Inhibitor for Water Treatment Plants in the amount of $107,136 from American Water Chemicals, Inc. as the sole source supplier. Requested Action: Staff recommends approval of Proposed Resolution No. R24-260. Explanation of Request: The Florida Department of Environmental Protection requires the use of Polyphosphate Corrosion-Inhibitor to control corrosion in water distribution system and minimize Lead & Copper in the water. This chemical has been proven in many studies to produce favorable laboratory results by stopping metals from leaching into the water while it is conveyed to customer’s homes from the Drinking Water Plants. The City of Boynton Beach Utilities Department uses AWC A-782 Polyphosphate Corrosion- Inhibitor for the Water Treatment Plants and American Water Chemicals, Inc. is the sole source provider for Polyphosphate Corrosion Inhibitor AWC A-782. How will this affect city programs or services? American Water Chemicals, Inc. Polyphosphate Corrosion Inhibitor assists the City in maintaining excellent water quality that complies with all regulatory requirements. Fiscal Impact: The fiscal impact to the Utilities is for the amount of $107,136 which is budgeted in Process Chemicals operating account. Attachments: R24-260 Agenda_Item_2240-2023_Resolution_for_AWC_A- 782_Polyphosphate_Chemical_Purchase.docx Exhibit A to Resolution - 22032651_Boynton_A782_24-25.pdf SoleSource_BoyntonBeach_A782_24-25.pdf AWC_Sole_Source_P04_PK.pdf 924 RESOLUTION NO. R24-2601 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, APPROVING THE PURCHASE AWC A-782 4 POLYPHOSPHATE CORROSION-INHIBITOR FOR WATER TREATMENT 5 PLANTS IN THE AMOUNT OF $107,136 FROM AMERICAN WATER 6 CHEMICALS, INC.; AND FOR ALL OTHER PURPOSES. 7 8 WHEREAS, the Florida Department of Environmental Protection requires the use of 9 Polyphosphate Corrosion-Inhibitor to control corrosion in the water distribution system and 10 minimize Lead & Copper in the water. This chemical has been proven in many studies to produce 11 favorable laboratory results by stopping metals from leaching into the water while it is conveyed 12 to customers’ homes from the Drinking Water Plants; and13 WHEREAS, the City of Boynton Beach Utilities Department uses AWC A-782 14 Polyphosphate Corrosion-Inhibitor for the Water Treatment Plants and American Water 15 Chemicals, Inc., is the sole source provider for Polyphosphate Corrosion Inhibitor AWC A-782; and16 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 17 best interests of the city's citizens and residents to approve the purchase AWC A-782 18 Polyphosphate Corrosion-Inhibitor for Water Treatment Plants in the amount of $107,136 from 19 American Water Chemicals, Inc.20 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 22 BEACH, FLORIDA, THAT:23 SECTION 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 24 being true and correct and are hereby made a specific part of this Resolution upon adoption.25 SECTION 2.The City Commission of the City of Boynton Beach, Florida, does hereby 26 approve the purchase AWC A-782 Polyphosphate Corrosion-Inhibitor for Water Treatment Plants27 in the amount of $107,136 from American Water Chemicals, Inc., as further detailed in “Exhibit 28 A“attached hereto.29 SECTION 3.This Resolution shall take effect in accordance with law.30 31 32 925 PASSED AND ADOPTED this ______________ day of ______________________________ 2024.33 CITY OF BOYNTON BEACH, FLORIDA34 YES NO35 Mayor – Ty Penserga __________36 37 Vice Mayor – Aimee Kelley __________38 39 Commissioner – Angela Cruz __________40 41 Commissioner – Woodrow L. Hay __________42 43 Commissioner – Thomas Turkin __________44 45 VOTE ______46 ATTEST:47 48 ___________________________________________________________49 Maylee De Jesús, MPA, MMC Ty Penserga50 City Clerk Mayor51 52 APPROVED AS TO FORM:53 (Corporate Seal)54 55 _______________________________56 Shawna G. Lamb57 City Attorney58 926 AMERICAN WATER CHEMICALS SALES 1802 CORPORATE CENTER LANE PLANT CITY FL 33563 USA QUOTATION Copy Quotation No.:22032651 Quotation Date:09/23/24 Valid Until:10/31/25 Customer No.:C00172 Customer Ref. No.: Page No.:Page 1 of 1 BILL TO SHIP TO VALID UNTIL CITY OF BOYNTON BEACH WEST WTP 10/31/25 PO BOX 310 BOYNTON BEACH FL 33435 USA 5469 WEST BOYNTON BEACH BLVD BOYNTON BEACH FL 33437 USA Sales Employee:Tim Rees Contact Name:FORD BABCOCK - WEST Ship Via: Terms:Net30 Freight Terms:PREPAID Item No.Description # of Pkgs Quantity Unit Price Total A782.600LB AWC A-782, 600LB DRUM 124 DRUM(S) 74,400 LBS $ 1.4400 $ 107,136.00 Subtotal $ 107,136.00 Shipping Tax Total Order Value $ 107,136.00 Remarks:QUOTE VALID FOR PERIOD 11/1/24 TO 10/31/25. ESTIMATED LEAD-TIME TO SHIP IS 10 WORKDAYS AFTER RECEIPT OF ORDER Phone: 813-246-5448 Fax: 813-623-6678 E-Mail: CUSTOMERSERVICE@MEMBRANECHEMICALS.COM Website: WWW.MEMBRANECHEMICALS.COM FORM: 145 REV. 11 01/17/2023 927 September 23, 2024 Mr. Ford Babcock City of Boynton Beach PO Box 310 Boynton Beach, FL 33435 RE: Sole Source Statement for AWC A-782 Mr. Babcock, This letter is to confirm that the products listed below are solely manufactured by American Water Chemicals and are not available for distribution from any other source. There are no identical equivalents on the market. ▪ AWC A-782 Please feel free to contact us if you require any additional information regarding these products. Tony de Almeida Operations Manager 928 929 10/4/24 X X 930 City of Boynton Beach Agenda Item Request Form 7.E Consent Bids and Purchases over $100,000 10/15/2024 Meeting Date: 10/15/2024 Proposed Resolution No. R24-261- Approve a piggyback agreement with BFAV, LLC, d/b/a All on Stage Productions, for the rental of sound, stage, and lighting services, in an amount not to exceed $150,000 per year, utilizing City of Delray Beach RFP 2024- 021. Requested Action: Staff recommends approval of Proposed Resolution No. R24-261. Explanation of Request: The City of Boynton Beach Event Division utilizes sound, stage, and lighting services to ensure the quality of event production. The agreement will allow access to City of Delray Beach contracted pricing to utilize sound, stage, and lighting services as needed for events. A larger-scale company is used for signature City events, including, but not limited to, Pirate Fest, July 4th, Holiday Parade, Tree Lighting, Taste of Boynton, and MLK Day. How will this affect city programs or services? BFAV, LLC d/b/a All on Stage Productions provides quality sound, lighting, and staging services throughout South Florida. These services can be utilized in locations throughout the City where they are needed. The contract will also allow City staff to contract labor to oversee equipment and sound production directly from the company to ensure proper use on-site at events. Fiscal Impact: Rental costs are reflected in approved Special Events budget. Attachments: R24-261 Agenda_Item_2245-2023_Resolution_for_BFAV_piggyback_agmt.docx Exhibit A to Resolution - Piggyback All on Stage - Full with Sign.pdf 931 RESOLUTION NO. R24-2611 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, APPROVING A PIGGYBACK AGREEMENT WITH 4 BFAV, LLC D/B/A ALL ON STAGE PRODUCTIONS FOR THE PURCHASE 5 OF SOUND, STAGE, AND LIGHTING SERVICES IN AN ANNUAL 6 AMOUNT NOT TO EXCEED $150,000; AND FOR ALL OTHER PURPOSES. 7 8 WHEREAS, on August 5, 2024, the City of Delray Beach, a political subdivision of the State 9 of Florida, issued a “Request for Proposal” (RFP) to solicit responses for the purchase of Sound, 10 Stage, and Lighting Services (“AV Services”); and11 WHEREAS, the City of Delray Beach found BFAV, LLC, d/b/a All on Stage Productions12 (“Vendor”), to be a responsive, responsible bidder and awarded a three (3) year agreement, RFP13 2024-021 (the “Delray Beach Agreement”), commencing August 5, 2024, with two (2) additional 14 one-year renewal options; and15 WHEREAS, the City desires to obtain AV Services on an as-needed basis; 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; and 21 WHEREAS, in order to acquire AV Services for events within the City, the City’s Events22 Division is requesting the City enter into a Piggyback Agreement with the Vendor to obtain AV23 Services; and 24 WHEREAS, the City and Vendor have agreed to allow the City to piggyback the Delray 25 Beach Agreement; and 26 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 27 best interests of the city's citizens and residents to approve a Piggyback Agreement with BFAV, 28 LLC d/b/a All on Stage Productions for the Purchase of Sound, Stage, and Lighting Services in an 29 annual amount not to exceed $150,000. 30 31 32 932 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 33 BEACH, FLORIDA, THAT:34 SECTION 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 35 being true and correct and are hereby made a specific part of this Resolution upon adoption.36 SECTION 2.The City Commission of the City of Boynton Beach, Florida, does hereby 37 approve a Piggyback Agreement between BFAV, LLC d/b/a All on Stage Productions and the City 38 for the Purchase of Sound, Stage, and Lighting Services in an annual amount not to exceed 39 $150,000 (the “Piggyback Agreement”), in form and substance similar to that attached as “Exhibit 40 A.“41 SECTION 3.The City Commission of the City of Boynton Beach, Florida, hereby 42 authorizes the Mayor to execute the Piggyback Agreement. The Mayor is further authorized to 43 execute any ancillary documents required under the Agreement or necessary to accomplish the 44 purposes of the Agreement and this Resolution.45 SECTION 4.The fully executed Piggyback Agreement shall be retained by the City Clerk 46 as a public record of the City. A copy of the fully executed Piggyback Agreement shall be provided 47 to Gabrielle Favitta to forward to the Vendor.48 SECTION 5.This Resolution shall take effect in accordance with law.49 50 [signatures on the following page]51 52 933 PASSED AND ADOPTED this ______________ day of ______________________________ 2024.53 CITY OF BOYNTON BEACH, FLORIDA54 YES NO55 Mayor – Ty Penserga __________56 57 Vice Mayor – Aimee Kelley __________58 59 Commissioner – Angela Cruz __________60 61 Commissioner – Woodrow L. Hay __________62 63 Commissioner – Thomas Turkin __________64 65 VOTE ______66 ATTEST:67 68 ___________________________________________________________69 Maylee De Jesús, MPA, MMC Ty Penserga70 City Clerk Mayor71 72 APPROVED AS TO FORM:73 (Corporate Seal)74 75 _______________________________76 Shawna G. Lamb77 City Attorney78 934 Piggyback Contract – BFAV LLC, d/b/a All on Stage Productions 1 PIGGYBACK AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND BFAV LLC, D/B/A ALL ON STAGE PRODUCTIONS This Piggyback Agreement is made as of this __ day of October, 2024, by and between BFAV, LLC, d/b/a All on Stage Productions, a Florida limited liability company, with a principal address of 500 NE 28th Ct., Pompano Beach, Florida 33064, hereinafter referred to as “Vendor,” and the CITY OF BOYNTON BEACH, a municipal corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Avenue, Boynton Beach, Florida 33435, hereinafter referred to as “City.” RECITALS WHEREAS, on August 5, 2024, the City of Delray Beach, a political subdivision of the State of Florida, issued a “Request for Proposal” (RFP) to solicit responses for the purchase of Sound, Stage, and Lighting Services (“AV Services”); and WHEREAS, the City of Delray Beach found BFAV, LLC, d/b/a All on Stage Productions (“Vendor”), to be a responsive, responsible bidder and awarded a three (3) year agreement, RFP 2024-021 (the “Master Agreement”), commencing August 5, 2024, with two (2) additional one- year renewal options; and WHEREAS, the City desires to obtain AV Services on an as-needed basis; and WHEREAS, the City’s Purchasing Policy Section X – Alternatives to Formal Sealed Bids, provides authority for the City to acquire or contract for services without utilizing a sealed competitive method or the written quotations methods where the desired services are the subject of an agreement that utilizes another government entity’s contract, provided that the contract was awarded based strictly on competitive bidding; and WHEREAS, in order to acquire AV Services for events within the City, the City’s Events Division is requesting the City enter into a Piggyback Agreement with Vendor to obtain AV Services; 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: 935 Piggyback Contract – BFAV LLC, d/b/a All on Stage Productions 2 AGREEMENT 1. The foregoing recitals are true and correct and are hereby incorporated into this Agreement. 2. TERM: The term of this Agreement commences upon full execution of this Agreement by the Parties and will remain in effect until August 5, 2027, with two (2) 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 AV Services to the City on an as- needed basis on the same terms and in the same manner as set forth in the Master Agreement, except as otherwise provided herein. Vendor shall invoice City for AV Services ordered and provided based on the rates set forth in the Fee Sc hedule attached hereto as Exhibit B. All recitals, representations, and warranties of Vendor made by Vendor in the Master Agreement are restated as if set forth fully herein, made for the benefit of the City, and incorporated herein, except that all references to the “City of Delray Beach” are hereby replaced with the “City of Boynton Beach.” The City shall compensate Vendor in an annual amount not to exceed $150,000.00. 4. NOTICES: All Notices to the City shall be in writing by certified mail return receipt requested, or customarily used overnight transmission with proof of delivery, sent to: City: Daniel Dugger, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 / Facsimile: (561) 742-6090 Copy: Shawna G. Lamb, City Attorney City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 / Facsimile: (561) 742-6090 5. INVOICES AND PAYMENT: Invoices must identify the PO number and should be mailed to: Boynton Beach Events Division Attn: Gabrielle Favitta 100 E Ocean Ave Boynton Beach, FL 33435. Invoices shall show the nature of the service and dates(s) of service. Invoices based on hourly rates shall show the actual hours worked, person performing services, nature of the service, hourly rate, and dates(s) of service. All services rendered prior to September 30th 936 Piggyback Contract – BFAV LLC, d/b/a All on Stage Productions 3 of any given year are required to be invoiced by September 30th of that year. Vendor shall provide W-9 with first invoice. The fee shall be paid based on receipt of a proper invoice in accordance with the invoice schedule indicated above. Payment will be made within 45 days of receipt of a proper invoice in accordance with the Local Government Prompt Payment Act, Section 218.70, et al., Florida Statutes. No payment made under this Agreement shall be conclusive evidence of the performance of this Agreement by Vendor, either wholly or in part, and no payment shall be construed to be an acceptance of or to relieve Vendor of liability for the defective, faulty or incomplete rendition of the services. 6. TAX EXEMPT: Prices applicable to City do not include applicable state and local sales, use, and related taxes. The City is exempt from state and local sales and use taxes and shall not be invoiced for the same. Upon request, City will provide Vendor with proof of tax- exempt status. 7. SOVEREIGN IMMUNITY: Nothing contained in this Agreement nor contained herein shall be considered nor construed to waive City’s rights and immunities under the common law or section 768.28, Florida Statutes, as may be amended. 8. ATTORNEY’S FEES: In the event that either Party brings suit for enforcement of the Agreement, each Party shall bear its own attorney's fees and court costs. 9. PUBLIC RECORDS: Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is a public agency subject to Chapter 119, Florida Statutes. The Vendor shall comply with Florida’s Public Records Law. Specifically, the Vendor shall: A. Keep and maintain public records required by the City to perform the service; B. Upon request from the City’s custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Vendor shall destroy all copies of such confidential and exempt records remaining in its possession once the Vendor transfers the records in its possession to the City; and D. Upon completion of the contract, Vendor shall transfer to the City, at no cost to the City, all public records in Vendor’s possession All records stored electronically by Vendor must be provided to the City, upon request from the City’s custodian of public records, in a format that is compatible with the information technology systems of the City. 937 Piggyback Contract – BFAV LLC, d/b/a All on Stage Productions 4 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 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 Vendo r, 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 938 Piggyback Contract – BFAV LLC, d/b/a All on Stage Productions 5 shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes. Each person signing this Agreement on behalf of either Party individually warrants that he or she has full legal power to execute the Addendum on behalf of the Party for whom he or she is signing and to bind and obligate such Party with respect to all provisions contained in this Agreement 14. TERMINATION FOR CONVENIENCE: This Agreement may be terminated by the City for convenience upon fourteen (14) calendar days of written notice by the terminating party to the other party for such termination in which event the Vendor shall be paid its compensation for services performed to the termination date, including services reasonably related to termination. In the event that the Vendor abandons the Agreement or causes it to be terminated, the Vendor shall indemnify the City against loss pertaining to this termination. 15. TERMINATION FOR CAUSE: In addition to all other remedies available to City, this Agreement shall be subject to cancellation by City for cause, should Vendor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) calendar days’ after receipt by Vendor of written notice of such neglect or failure. 16. INDEMNIFICATION: Vendor shall indemnify and hold harmless the City, its elected and appointed officers, agents, assigns and employees, consultants, separate Vendors, any of their subcontractors, or sub-subcontractors, from and against claims, demands, or causes of action whatsoever, and the resulting losses, damages, costs, and expenses, including but not limited to attorneys’ fees, including paralegal expenses, liabilities, damages, orders, judgments, or decrees, sustained by the City arising out of or resulting from (A) Vendor’s performance or breach of Agreement, (B) acts or omissions, negligence, recklessness, or intentional wrongful conduct by Vendor’s, its agents, employees, subcontractors, participants, and volunteers, and (C) Vendor’s failure to take out and maintain insurance as required under this Agreement. Vendor’s shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits, or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys’ fees which may issue thereon. The obligations of this section shall survive indefinitely regardless of termination of the Agreement. 17. INSURANCE: At the time of execution of this Agreement, Vendor shall provide the City with a copy of its Certificate of Insurance reflecting the insurance coverage required by the Master Agreement. The Certificate of Insurance shall name the City of Boynton Beach, and its officers, employees and agents as an additional insured. 18. LIMITATION OF LIABILITY: Notwithstanding any provision of the Agreement to which it is applicable, City shall not be liable or responsible to Vendor beyond the amount remaining due to Vendor under the Agreement, regardless of whether said liability be based in tort, contract, indemnity or otherwise; and in no event shall City be liable to Vendor for punitive or exemplary damages or for lost profits or consequential damages. 19. 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 939 Piggyback Contract – BFAV LLC, d/b/a All on Stage Productions 6 the City’s employee for any purpose. 20. COMPLIANCE WITH LAWS: Vendor hereby warrants and agrees that at all times material to the Agreement, Vendor shall perform its obligations in compliance with all applicable federal, state, and local laws, rules, and regulations, including section 501.171, Florida Statutes. Non-compliance may constitute a material breach of the Agreement. 21. ASSIGNMENT: In the event this Agreement and any interests granted herein shall be assigned, transferred, or otherwise encumbered, under any circumstances by Vendor, Vendor must gain prior written consent from City thirty (30) business days before such transfer. For purposes of this Agreement, any change of ownership of Company shall constitute an assignment that requires City’s approval. Notwithstanding the foregoing, Vendor may, without City’s consent, assign this Agreement in whole or in part as part of a corporate reorganization, consolidation, merger, or sale of substantially all of its assets related to this Agreement. Vendor shall provide City written notice of any such corporate reorganization, consolidation, merger, or sale of substantially all of its assets related to this Agreement within thirty (30) calendar days of such event. 22. AGREEMENT SUBJECT TO FUNDING: The Agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Boynton Beach in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. Early termination by City due to loss of funding shall not obligate Vendor to refund any prepaid fees. 23. ENTIRE AGREEMENT. The Agreement, including the Master Agreement, sets forth the entire Agreement between the City and the Vendor with respect to the subject matter of this Agreement. This Agreement supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the parties. This Agreement may not be modified except by the parties’ mutual agreement set forth in writing and signed by the parties. 24. SEVERABILITY. If any provision of this Agreement or application thereof to any person or situation shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable, shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. Signature Page to follow 940 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above . CITY OF BOYNTON BEACH, FLORIDA BFAV LLC, D/B/A ALL ON STAGE Ty Penserga, Mayor (:::~~::.:;F? Ms~ 1:io" f;=j ~ Print Name of Authrized Official Title Approved as to Form : Shawna G. Lamb , City Attorney ( Corporate Seal ) Attested/ Authenticated: .Maylee DeJesus, City Clerk Piggyback Contract -13FA y LLC, d/b/a Al l on Stage Prod uctions 941 Piggyback Contract – BFAV LLC, d/b/a All on Stage Productions 8 EXHIBIT A AGREEMENT BETWEEN THE CITY OF DELRAY BEACH, FLORIDA AND BFAV LLC, D/B/A ALL ON STAGE PRODUCTIONS 942 AGRE EMENT THIS AGREEMENT is hereby made and entered into this s-i,:_day o~t.-<JÍ ,2024, by and between the City of Delray Beach,a Florida municipal corporationcity),whose address is 100 N.W.1st Avemle,Delray Beach,Florida 33444,and BFAV LLC,dba All on Stage Productions,A Florida Limited Liability Company (the "Contractor"),whose address is 500 NE 28" Court,Pompano Beach,Florida 33064. WHEREAS,the City desires to retain the services of the Contractor to provide the goods and services in accordance with the City's Request for Proposal 2024-021 (RFP 2024-021 ")and the Contractor's response thereto,all of which are incorporated herein by reference. NOW,THEREFORE,in consideration of the mutual covenants and promises hereafter set forth,the Contractor and the City agree as follows: ARTICLE 1.INCORPORATION OF REQUEST FOR PROPOSAL The terms and conditions of this Agreement shall include and incorporate the terms, conditions,and specifications set forth in RFP No.2024-021 and the Contractor's response-to RFP No.2024-021,including all documentation required thereunder. ARTICLE 2.DESCRIPTION OF GOODS OR SCOPE OF SERVICES The Contractor shall provide the goods and/or perform those services identified in the specifications in RFP 2024-021,which are incorporated herein by reference. ARTICLE 3.COMPENSATION The City shall pay the Contractor,in compliance with the Pricing Schedule attached hereto and incorporated herein as Exhibit "A",according to the terms and specifications of RFP No.2024- 021. ARTICLE 4.MISCELLANEOUS PROVISIONS a.Notice Format.All notices or other written communications required,contemplated, or permitted under this Agreement shall be in writing and shall be hand delivered,telecomrnunicated, or mailed by registered or certified mail (postage prepaid),return receipt requested,to the following addresses: 1.As to the City: City of Delray Beach 100 N.W.1Avenue Delray Beach,Florida 33444•Attn:City Manager RFP 2024-021 Sound,Stage and Lighting Services 943 11.W ith copy to: City of Delra y Beach 200 N.W .I'Avenue Delra y Beach,Florida 33444 Attn:City Attorney 111.As to the Contra ctor: BF A V LLC dba All on Stage Pro ductions 500 NE 28"court Pom pano Beach,Florida 33064 Attn:Dan Fry burg,M anager b.Headings.The headings contained in this Agreement are for convenience of reference only and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. c.Effective Date.The effective date of this Agreement shall be as of the date it has been executed by both the parties hereto. ARTI CLE 5.E-Verify By entering into this Agreement Contractor acknowledges its obligation to comply with the pro visions of Section 448.095,Fla.Stat.,"Employment Eligibility."Contractor affirm s an d represents it is registered with the E-Verify system,utilizing same,and will continue to utilize sam e as required by law.Compliance with this section includes,but is not limited to,utilization of the E- Verify System to verify the work authorization status of all newly hired employees and requiring all subcontractors to provide an affi davit attesting that the subcontractor does not employ,contract with, or subcontract with,an unauthorized alien.Failur e to com ply with this section will result in the termination of this Agreem ent,or if your subcontractor kn owingly violates the statute,the subcontract m ust be terminated immediately.Any challenge to termination under this provision must be fil ed in the Circuit Court no later than 20 calendar days after the date of termination.If terminated for a violation of the statu te by Contra ctor,the Contractor may be prohibited from conducting future business w ith the City or awarded a solicitation or contract for a period of l year after the date of term ination.All costs incurred to initiate and sustain the aforementioned program s shall be the responsibility of the Contra ctor. 4ARTICLE6.CONTRA CT TERM The term of this Agreement shall remain in effect for a term of thr ee (3)years and may be renew ed for tw o (2)additional,one-year period(s),unless term inated earlier in accordance with term s set forth in RF P No.2024-021. (Remainder of this page is intentionally left blank ) RFP 2024-02 I Sound,Stage and Lighting Services 2 944 IN WITNESS WHEREOF,the City and the Contractor executed this Agreement as of the day and year first above written. ATTEST:CITY OF DELRAY BEACH-2=9i.tmasrcasni.sac Approved as to form and legal sufficiency: a«,ELA!y,6,····.'1y,z „··,I\3"""·.9.,·,-/ #sERL az::1% ¥••,%,::zye•w e,•.•=,,·,°i,"·.....°,j±±:±;'»,,,ORIDPs°ro9° (SEAL)4 star or{d@ , cour o_±tum PearI The foregoing instrument was acknowledged before me by means of physical resence or □o.11line notarization,this //2_l&y of lftJ.-'1 -.,2oi,¡/by e rn'C<k g oms or±sop.'as.1Der ire s au@onty)for #äyDB ow sG olbase of party on behalf of whom instrument was executed). BFAV LLC / By:__.;,.:._='-'---""=----4-L-=C..:S=-'-._º_,.,,~'_L,_C _ / ALL ON STAGE I•Print Name:Tr,r,,Oi·!6 Title:oner--~~~~-------- Personally known tss or tien«ricaioirProdocced/1Dt¿g RFP 2024-02I Sound,Stage and Lighting Services 3 945 City of Delray Beach RF P 2024-021 EXHIBIT A BFAV Bid Contact Dom Garafola dom@allonstage.com Ph 561-750-4070 Bid Notes Please refer to the uploaded RFP proposal document for detail! Address 500 NE 28th Ct Pompano Beach,FL 33064 Item #Line Item Notes Unit Price Qty/Unit Attch.Docs RFP 2024-021--01-01 ST.Patricks Supplier Product Day Parade Code:STPATS and Festival Supplier Notes:Please refer to the uploaded RFP proposal document for detail! First offer -$13,878.00 1 /lump sum $13,878.00 Y 3.2D)Large concert Sound System -$3,600 3.2(G)Audio Technician Services (2 Techs,1 O hours each,$55/hr)- $1,100 3.3(C)Concert Quality Lighting System -$2,500 3.3(E)Lighting Technician (1 Tech,1 O hours,$55/hr)-$550 3.4{4)30'x 20'Gable Top Roof Cover -$1,200 3.4{B)Stagehands (4 hands,12 hours each, $36/hr)-$1,728 3.5A)LED Video Wall 16'x1 O'[Goal Post]- $3,200 TOTAL-$13,878 4/24/2024 BidSync p.3 946 RFP 2024-021--01-02 Pride Festival Supplier Product and Concert Code:PRIDE City of Delray Beach First Offer -$13,878.00 1 /lump sum $13,878.00 Y RFP 2024-021 Supplier Notes:Please refer to the uploaded RFP proposal document for detail! 3.2(D)Large concert Sound System -$3,600 3.2(G)Audio Technician Services (2 Techs,1 O hours each,$55/hr)- $1,100 3.3(C)Concert Quality Lighting System -$2,500 3.3(E)Lighting Technician (1 Tech,1 O hours,$55/hr)-$550 3.44)30'x 20'Gable Top Roof Cover -$1,200 3.4(B)Stagehands (4 hands,12 hours each, $36/hr)-$1,728 3.5(A)LED Video Wall 16x10'[Goal Post]- $3,200 TOTAL-$13,878 RFP 2024-021--01-03 July 4th Supplier Product Celebration Code:JULY4 Supplier Notes:Please refer to the uploaded RFP proposal document 4/24/2024 First Offer -$13,878.00 1 /lump sum $13,878.00 Y BidSync p.4 947 City of Delray Beach for detail! 3.2D)Large concert Sound System -$3,600 3.2(G)Audio Technician Services (2 Techs,1 O hours each,$55/hr)- $1,100 3.3(()Concert Quality Lighting System -$2,500 3.3E)Lighting Technician (1 Tech,1 O hours,$55/hr)-$550 3.4(4)30'x 20'Gable Top Roof Cover -$1,200 3.4(B)Stagehands (4 hands,12 hours each, $36/hr)-$1,728 3.S(A)LED Video Wall 16'x10'[Goal Post]- $3,200 TOTAL-$13,878 RF P 2024-021 RFP 2024-021--01-04 Veterans Day 4/24/2024 Supplier Product Code:VET Supplier Notes:Please refer to the uploaded RFP proposal document for detail! 3.2D)Large concert Sound System -$3,600 3.2(G)Audio Technician Services (2 Techs,1 O hours each,$55/hr)- $1,100 3.3(C)Concert Quality Lighting System -$2,500 3.3E)Lighting Technician (1 Tech,1 O First offer -$13,878.00 1 /lump sum $13,878.00 Y BidSync p.5 948 City of Delray Beach hours,$55/hr)-$550 3.4{4)30'x 20'Gable Top Roof Cover -$1,200 3.4{B)Stagehands (4 hands,12 hours each, $36/hr)-$1,728 3.S(A)LED Video Wall 16'x1 O'[Goal Post]- $3,200 TOTAL-$13,878 RF P 2024-021 RFP 2024-021--01-05 100'Supplier Product First offer -$13,878.00 1 /lump sum $13,878.00 y Christmas Code:TREELIGHT Tree Lighting and Festivities Supplier Notes:Please refer to the uploaded RFP proposal document for detail! 3.2D)Large concert Sound System -$3,600 3.2(G)Audio Technician Services (2 Techs,1 O hours each,$55/hr)- $1,100 3.3(C)Concert Quality Lighting System -$2,500 3.3(E)Lighting Technician (1 Tech,1 O hours,$55/hr)-$550 3.4(4)30'x 20'Gable Top Roof Cover -$1,200 3.4{B)Stagehands (4 hands,12 hours each, $36/hr)-$1,728 3.5A)LED Video Wall 16'x1 O'[Goal Post]- $3,200 TOTAL-$13,878 4/24/2024 BidSync p.6 949 City of Delray Beach RF P 2024-021 RFP 2024-021--01-06 Holiday Parade Supplier Product Code:HOLPARADE Supplier Notes:Please refer to the uploaded RFP proposal document for detail! 3.2D)Large concert Sound System -$3,600 3.2(G)Audio Technician Services (2 Techs,1 O hours each,$55/hr)- $1,100 3.3(C)Concert Quality Lighting System -$2,500 3.3(E)Lighting Technician (1 Tech,1 O hours,$55/hr)-$550 3.44)30'x 20'Gable Top Roof Cover -$1,200 3.4(B)Stagehands (4 hands,12 hours each, $36/hr)-$1,728 3.S(A)LED Video Wall 16'x10'[Goal Post]- $3,200 TOTAL-$13,878 First offer -$13,878.00 1 /lump sum $13,878.00 Y 4/24/2024 BidSync p.7 950 RFP 2024-021--01-07 Holiday Festivities Supplier Product Code:HOLFEST City of Delray Beach First offer -$13,878.00 1 /lump sum $13,878.00 Y RF P 2024-021 Supplier Notes:Please refer to the uploaded RFP proposal document for detail! 3.2D)Large concert Sound System -$3,600 3.2(G)Audio Technician Services (2 Techs,1 O hours each,$55/hr)- $1,100 3.3(C)Concert Quality Lighting System -$2,500 3.3E)Lighting Technician (1 Tech,1 O hours,$55/hr)-$550 3.4{4)30'x 20'Gable Top Roof Cover-$1,200 3.4{8)Stagehands (4 hands,12 hours each, $36/hr)-$1,728 3.5A)LED Video Wall 16'x1 O'[Goal Post]- $3,200 TOTAL-$13,878 RFP 2024-021--01-08 New Years Supplier Product Eve Code:NEWYEARS Supplier Notes:Please refer to the uploaded 4/24/2024 First Offer -$13,878.00 1 /lump sum $13,878.00 Y BidSync p.8 951 City of Delray Beach RFP proposal document for detail! 3.2(0)Large concert Sound System -$3,600 3.2(G)Audio Technician Services (2 Techs,1 O hours each,$55/hr)- $1,100 3.3(C)Concert Quality Lighting System -$2,500 3.3(E)Lighting Technician (1 Tech,1 O hours,$55/hr)-$550 3.4{4)30'x 20'Gable Top Roof Cover -$1,200 3.4{B)Stagehands (4 hands,12 hours each, $36/hr)-$1,728 3.S(A)LED Video Wall 16'x10'[Goal Post]- $3,200 TOTAL-$13,878 RFP 2024-021 RFP 2024-021--01-09 Small Concert-1/2 day show 4/24/2024 Supplier Product Code:SMCON Supplier Notes:Please refer to the uploaded RFP proposal document for detail! 3.2(0)Small Sound System -$1,000 3.2(G)Audio Technician Services (1 Tech,8 hours $55/hr)-$440 3.3(A)Small Lighting System -$350 3.3E)Lighting Technician (2 Techs [ONE FOR VIDEO],8 hours,$55/hr)-$440 First offer -$8,070.00 BidSync 4/each $32,280.00 y p.9 952 City of Delray Beach 3.4(4)30'x 20'Gable Top Roof Cover -$1,200 3.4(B)Stagehands (4 hands,1 O hours each, $36/hr)-$1,440 3.S(A)LED Video Wall 16'x1 O'[Goal Post]- $3,200 TOTAL-$8,070 RF P 2024-021 RFP 2024-021--01-10 Small Concert-1 Day 4/24/2024 Supplier Product Code:SMCON1 Supplier Notes:Please refer to the uploaded RFP proposal document for detail! 3.2(B)Small concert Sound System -$1,800 3.2(G)Audio Technician Services (1 Tech,1 O hours,$55/hr)-$550 3.3(A)Small Lighting System -$350 3.3(E)Lighting Technician (1 Tech,1 O hours,$55/hr)-$550 3.4(4)30'x 20'Gable Top Roof Cover -$1,200 3.4(B)Stagehands (4 hands,1 O hours each, $36/hr)-$1,440 3.S(C)LED Video Wall 1 O' x 6'[Goal Post]-$2,000 TOTAL-$7,890 First Offer -$7,890.00 4 I each BidSync $31,560.00 Y p.10 953 RFP 2024-021--01-11 Medium Concert-1/2 day Supplier Product Code:MEDCON City of Delray Beach First Offer-$10,190.00 5 /each $50,950.00 y RF P 2024-021 RFP 2024-021--01-12 Medium Concert-1 day Supplier Notes:Please refer to the uploaded RFP proposal document for detail! 3.2(C)Medium concert Sound System -$2,500 3.2(G)Audio Technician Services (1 Tech,8 hours,$55/hr)-$440 3.3(8)Medium Lighting System -$750 3.3(E)Lighting Technician (1 Tech,8 hours,$55/hr)-$660 3.4(4)30'x 20'Gable Top Roof Cover -$1,200 3.4(8)Stagehands (4 hands,1 O hours each, $36/hr)-$1,440 3.5A)LED Video Wall 16' x 1 O'[Goal Post]-$3,200 TOTAL-$1 O,190 Supplier Product Code:MEDCON 1 Supplier Notes:Please refer to the uploaded RFP proposal document for detail! 3.2(C)Medium concert Sound System -$2,500 3.2(G)Audio Technician Services (1 Tech,12 hours,$55/hr)-$660 3.3(8)Medium Lighting System -$750 3.3E)Lighting Technician (1 Tech,12 hours,$55/hr)-$660 First Offer -$10,410.00 5 /each $52,050.00 Y 4/24/2024 BidSync p.11 954 City of Delray Beach 3.4(4)30'x20'Gable Top Roof Cover -$1,200 3.4B)Stagehands (4 hands,1 O hours each, $36/hr)-$1,440 3.S(A)LED Video Wall 16'x1 O'[Goal Post]- $3,200 TOTAL-$10,410 RF P 2024-021 RFP 2024-021--01-13 Large Concert-1/2 day 4/24/2024 Supplier Product Code:LARGECON Supplier Notes:Please refer to the uploaded RFP proposal document for detail! 3.2(D)Large concert Sound System -$3,600 3.2(G)Audio Technician Services (2 Techs,8 hours each,$55/hr)- $880 3.3()Concert Quality Lighting System -$2,500 3.3E)Lighting Technician (1 Tech,8 hours,$55/hr)-$440 3.4(4)30'x20'Gable Top Roof Cover -$1,200 3.4(B)Stagehands (4 hands,12 hours each, $36/hr)-$1,728 3.S(B)LED Video Wall 21'x12'[Goal Post]- $4,600 TOTAL-$14,948 First Offer -$14,948.00 BidSync 2 /each $29,896.00 y p.12 955 City of Delray Beach RFP 2024-021 RFP 2024-021--01-14 Large Concert-1 day 4/24/2024 Supplier Product Code:LARGECON 1 Supplier Notes:Please refer to the uploaded RFP proposal document for detail! 3.2D)Large concert Sound System -$3,600 3.2(G)Audio Technician Services (2 Techs,1 O hours each,$55/hr)- $1100 3.3(C)Concert Quality Lighting System -$2,500 3.3(E)Lighting Technician (1 Tech,1 O hours,$55/hr)-$550 3.44)30'x20'Gable Top Roof Cover -$1,200 3.4B)Stagehands (4 hands,12 hours each, $36/hr)-$1,728 3.5(8)LED Video Wall 21'x12'[Goal Post]- $4,600 TOTAL-$15,278 First offer -$15,278.00 2 /each BidSync $30,556.00 Y Supplier Total $338,316.00 p.13 956 CITY ATTORNEY OFFICE -LEGAL REVIEW CHECKLIST Name of Agreement:Agreement with BFAV,LLC,for RFP 2024-021 Department:Parks and Rec Contact person:Joel Burzynski City M a n ag e r ap p ro val D Re v ie w e d by Pu rch asin g [ZJ City Co m m issio n approval A g e n d a ite m #: A g e n d a meeting date: Re so lu tio n #: ) Agreement Action:New@O Renewal'O Amendment'O ·Renewal:Only change is the agreement term Amendment:For changes other than/in addition to term D o e s th e Co n tracto r require the City to sign first?:No For City Attorney Use only: Agreement Terms:Comments/Specific Provision in Agreement T e rm (D u ratio n of Agreement)Article 6-5 years;3 years with 2 one-year renewal options T e rm in atio n Clau se P9.28 of RFP -convenience;P9.29 -default Re n e w al Cl a u se Article 6 In su ra n ce City standard -- In d e m n ifi catio n City standard A ssig n m e nt P9.22 of Rrp -written consent required Fiscal Fu n d in g Re q u ire ment P9.67 of RFP FL.Pu b lic Re co rd s Pro v isio n (2 0 1 6 )P9.50 of RFP In sp e cto r G e n e ral Pro v isio n P9.32 of RFP G o ve rn in g Law Florida V e n u e Palm Beach County A tto rn e y's fee s P9.4 2 of RFp -each bears ow n E-ve rify Article 5 Business Principles: Fe e s:T otal V alu e Fe e s:Pe r Fiscal Y e a r Other Issues: N o n -N e g o tia b le Issu e s/ M isce lla n e o u s Issu e s/ Sp e cia l Co nsid e ratio n s Comments $1,691,580 $338,316 Comments Co n siste n t w ith ap p licab le po licie s in clu d in g ,bu t no t lim ite d to ,Pro cu re m e n t po licie s.Y e s 0 A tto rn e y :_W illiam Bennett,Esq. Revie w e d an d ap p ro v e d as to fo rm an d le g al su ff icie n cy o n ly Form version 5,March,2018 957 RESOLUTION NO.149-24 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH,FLORIDA APPROVING AN AGREEMENT WITH BF A V LLC OBA ALL ON STAGE PRODUCTIONS FOR SOUND,STAGE AND LIGHTING SERVICES PURSUANT TO RFP 2024-021;AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AMENDMENTS AND/OR RENEWALS THERETO AND TAKE ANY AND ALL ACTIONS NECESSARY TO EFFECTUATE THE INTENT OF THIS RESOLUTION;PROVIDING AN EFFECTIVE DATE;AND FOR OTHER PURPOSES. WHEREAS,the City of Delray Beach ("City")is authorized to enter into agreements to provide services,programming,and products in accordance with its Charter;and WHEREAS,the City requires sound,stage and lighting services;and WHEREAS,the City desires to enter into an agreement with BF A V LLC dba All on Stage Productions ("Contractor")for sound,stage and lighting services pursuant to RFP No.2024-021;and WHEREAS,the City Commission deems approval of this Resolution to be in the best interest of the health,safety,and welfare of the residents and citizens of the City of Delray Beach and the public at large. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH,FLORIDA,AS FOLLOWS: Section 1.The foregoing recitals are hereby affirmed and ratified. Section 2.The City Commission of the City of Delray Beach has reviewed and hereby approves this Agreement between the City and BF A V LLC dba All on Stage Productions,which is attached to this Resolution as Exhibit "A". Section 3.The City Commission authorizes the City Manager to execute any amendments and/or renewals and take any and all actions necessary to effectuate the intent of this Resolution. Section 4.This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED in regular session on the 5-t,day ofo/""J,,&&Í ,2024.1±nel d legal sufficiency: 958 Piggyback Contract – BFAV LLC, d/b/a All on Stage Productions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ity of Boynton Beach Agenda Item Request Form 7.F Consent Bids and Purchases over $100,000 10/15/2024 Meeting Date: 10/15/2024 Proposed Resolution No. R24-262- Approve a piggyback agreement and expenditure with Extreme Networks, Inc., for the purchase of network equipment, network switch maintenance, and licensing in an amount not to exceed $200,000 a year, utilizing the State of Florida Alternate Contract Source Number 43220000-NASPO-19-ACS. Requested Action: Staff recommends approval of Proposed Resolution No. R24-262. Explanation of Request: Contract Period: October 1, 2019 – September 30, 2026 This piggyback agreement will allow the City to purchase network equipment, network equipment maintenance, and networking software as needed by multiple City departments. The City of Boynton Beach replaces network equipment after the current equipment reaches the end-of-life set by the manufacturer. The network equipment requires firmware updates and licensing to ensure they are secure and will work with new hardware and software platforms. The network switch maintenance provides access to these firmware upgrades, advanced hardware replacement, and technical support. How will this affect city programs or services? The purchase of network equipment and network switch maintenance ensures that the City can install new firmware as it is released. In addition, the advanced hardware replacement provided by the maintenance provides either a 4-hour replacement or the Next Business Day, depending on the plan selected. Most City network switches are on the Next Business Day plan as the ITS Department has spares available. Critical switches are protected with the 4- hour plan. The maintenance also provides phone support to assist in troubleshooting possible problems. The subscription licensing allows the City to continue to use the network management software that manages the network switches. Fiscal Impact: Funding was approved and is available in the multiple department accounts for fiscal year 2024/2025. 964 Attachments: R24-262 Agenda_Item_2251-2023_Resolution_for_Extreme_Networks_piggyback.docx 965 RESOLUTION NO. R24-2621 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, APPROVING A PIGGYBACK AGREEMENT WITH 4 EXTREME NETWORKS, INC., FOR DATA COMMUNICATIONS 5 PRODUCTS & SERVICES ON AN AS-NEEDED BASIS IN AN AMOUNT 6 NOT TO EXCEED $200,000 PER YEAR; AND FOR ALL OTHER PURPOSES. 7 8 WHEREAS,on July 13, 2018, the State of Utah (Lead State) issued a “Request for Proposals” 9 (RFP), acting by and through the National Association of State Procurement Officials (NASPO) 10 ValuePoint to establish a cooperative purchasing agreement for Data Communications Products 11 & Services; and 12 WHEREAS, the State of Utah and NASPO ValuePoint found Extreme Networks, Inc. to be 13 a responsive, responsible bidder and awarded it a five-year (5) contract, Contract No. AR3230 (the 14 “Master Agreement”), commencing October 1, 2019, with a current termination date of September 15 30, 2026; and 16 WHEREAS, on August 7, 2020, the Florida Department of Management Services entered 17 into a Participating Addendum and acknowledges that the use of the Master Agreement as an 18 alternative contract source is cost-effective and in the best interest of the State providing the 19 Alternative Contract Source Agreement No: 43220000-NASPO-19-ACS; and 20 WHEREAS, the City desires to obtain Data Communications Products & Services on an as-21 needed basis; and 22 WHEREAS, the City’s Purchasing Policy Section X – Alternatives to Formal Sealed Bids, 23 provides authority for the City to acquire or contract for services without utilizing a sealed 24 competitive method or the written quotations methods where the desired services are the subject 25 of an agreement that utilizes another government entity’s contract, provided that the contract 26 was awarded based strictly on competitive bidding; and 27 WHEREAS, in order to maintain the City’s network equipment maintenance and support 28 services, the City’s ITS Department is requesting the City enter into a Piggyback Agreement with 29 the Vendor to provide Data Communications Products & Services (“Services”); and 30 WHEREAS, the Vendor has provided the City with an initial proposal for network 31 equipment maintenance and support services, and the City may obtain additional Services 32 966 pursuant to the terms of this Agreement throughout the duration of the term; and33 WHEREAS, the City desires to issue a purchase order and payment for network equipment 34 maintenance and support services on an as-needed basis under the terms and conditions of the 35 Master Agreement; and36 WHEREAS, the City and Vendor have agreed to allow the City to piggyback the Master 37 Agreement; and38 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 39 best interests of the city's citizens and residents to approve a Piggyback Agreement with Extreme 40 Networks, Inc., for Data Communications Products & Services on an as-needed basis in an amount 41 not to exceed $200,000 per year. 42 43 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 44 BEACH, FLORIDA, THAT:45 SECTION 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 46 being true and correct and are hereby made a specific part of this Resolution upon adoption.47 SECTION 2.The City Commission of the City of Boynton Beach, Florida, does hereby 48 approve a Piggyback Agreement between Extreme Networks, Inc., and the City for Data 49 Communications Products & Services on an as-needed basis in an amount not to exceed $200,000 50 per year (the “Piggyback Agreement”), in form and substance similar to that attached as “Exhibit 51 A.“52 SECTION 3.The City Commission of the City of Boynton Beach, Florida, hereby 53 authorizes the Mayor to execute the Piggyback Agreement. The Mayor is further authorized to 54 execute any ancillary documents required under the Agreement or necessary to accomplish the 55 purposes of the Agreement and this Resolution.56 SECTION 4.The fully executed Piggyback Agreement shall be retained by the City Clerk 57 as a public record of the City. A copy of the fully executed Piggyback Agreement shall be provided 58 to Charles Stevens to forward to the Vendor.59 SECTION 5.This Resolution shall take effect in accordance with law.60 [signatures on the following page]61 62 967 PASSED AND ADOPTED this ______________ day of ______________________________ 2024.63 CITY OF BOYNTON BEACH, FLORIDA64 YES NO65 Mayor – Ty Penserga __________66 67 Vice Mayor – Aimee Kelley __________68 69 Commissioner – Angela Cruz __________70 71 Commissioner – Woodrow L. Hay __________72 73 Commissioner – Thomas Turkin __________74 75 VOTE ______76 ATTEST:77 78 ___________________________________________________________79 Maylee De Jesús, MPA, MMC Ty Penserga80 City Clerk Mayor81 82 APPROVED AS TO FORM:83 (Corporate Seal)84 85 _______________________________86 Shawna G. Lamb87 City Attorney88 968 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. 10/15/2024 Meeting Date: 10/15/2024 Proposed Ordinance No. 24-017- Second Reading- An Ordinance of the City Commission of 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 second 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_2d_reading__2__updated.docx business-impact-estimate.pdf 969 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 36 970 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 77 971 (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. Newly planted tress shall be maintained so that the mature tree canopy is a minimum 107 of ten (10) feet from overhead utility lines. Trees directly under and growing into facility/utility 108 spaces shall be removed, or pruned using the directional pruning method when possible. Trees 109 shall be pruned in accordance with the standards set forth by the American National Standards 110 Institute (ANSI) A300. 111 Shrubs shall be maintained in a neat and healthy appearance. The placement of a hedge shall 112 not cause any traffic line-of-sight obstruction and must comply with the visibility requirements 113 of Chapter 4, Article VIII, Section 3.C.4.u., "Visual Obstructions of Intersections."114 115 972 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) nine (9) 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.151 973 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 (Signatures on the following page)166 167 974 FIRST READING this 20th day of August 2024.168 169 SECOND, FINAL READING, AND PASSAGE THIS 10 th day of September 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 975 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 No. 24-017- Second Reading- An Ordinance of the City Commission of 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. 976 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," 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. 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: None. (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible: None. (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): None. 977 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. 10/15/2024 Meeting Date: 10/15/2024 Proposed Ordinance No. 24-020- Second Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, amending Article II of Chapter 18 of the Boynton Beach Code of Ordinances entitled Employees' Pension Plan amending Section 18-145 City of Boynton Beach Investment Policy for General Employees' Pension Fund; providing for codification; providing for severability of provisions; repealing all ordinances in conflict herewith and providing for an effective date. Requested Action: Staff recommends approval of Proposed Ordinance No. 24-020, at second reading. Explanation of Request: Approve an ordinance of the City of Boynton Beach, Florida, amending Article II of Chapter 18 of the Boynton Beach code of ordinances entitled employees’ pension plan amending section 18-145 City of Boynton Beach investment policy for General Employees’ Pension Fund; providing for codification; providing for severability of provisions; repealing all Ordinances in conflict herewith and providing for an effective date. How will this affect city programs or services? There will be no affect to City programs or Services. Fiscal Impact: No fiscal impact Attachments: Ordinance No. 24-020-Adopting IPS Section 112.662- 4877-5187-4237.1.DOCX business-impact-estimate.pdf 978 Page 1 of 17 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. ORDINANCE NO. 24-0201 2 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,3 FLORIDA, AMENDING ARTICLE II OF CHAPTER 18 OF THE 4 BOYNTON BEACH CODE OF ORDINANCES ENTITLED 5 EMPLOYEES’ PENSION PLAN AMENDING SECTION 18-145 6 CITY OF BOYNTON BEACH INVESTMENT POLICY FOR 7 GENERAL EMPLOYEES’ PENSION FUND; PROVIDING FOR 8 CODIFICATION; PROVIDING FOR SEVERABILITY OF 9 PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT 10 HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. 11 12 WHEREAS, the State Legislature adopted Florida statutory amendments governing the 13 investment of public funds, along with other related investment topics; and14 WHEREAS, the Board, at the advice of the Investment Consultant, has recommended 15 changes to the Investment Policy governing the Board’s investments; and16 WHEREAS, the Board of Trustees (“Trustees”) of the Employees’ Pension Plan of the 17 City of Boynton Beach Florida Pension Plan recommends amendment of Article II, Section 18-18 145 of the Plan to add the approved investment policy to the Code; and 19 WHEREAS, the City Commission of the City of Boynton Beach, Florida desires to amend 20 the Employees’ Pension Plan of the City of Boynton Beach, Florida.21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 22 CITY OF BOYNTON BEACH, FLORIDA:23 Section 1:The foregoing “WHEREAS” clauses are hereby ratified as being true and 24 correct and are hereby made a specific part of this Ordinance upon adoption hereof.25 Section 2:Section 18-145 of Article II of Chapter 18 of the Boynton Beach Code of 26 Ordinances is hereby amended as follows:27 979 Page 2 of 17 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. (a)General.The Board of Trustees of the Boynton Beach General Employees’ Pension Fund 28 has established this Statement of Investment Policy. This policy has been identified by the 29 Board as having the greatest expected investment return and the resulting positive impact on 30 asset values, funded status, and benefits without exceeding a prudent level of risk. The Board 31 determined this policy after evaluating the implications of increased investment return versus 32 increased variability of return for several potential investment policies with varying 33 commitments to different asset classes.34 (b)Purpose.The Board has established this Investment Policy to This Statement of Investment 35 Policy is intended to complement the investment guidelines provided in applicable State 36 Statutes, and local ordinances. The purpose to this Statement is to:37 (1) Provide an unambiguous description of the Board’s risk tolerance, as defined by the 38 asset classes that are considered allowable investments and the percentage allocations 39 to each asset class; the investment manager a more accurate understanding of the 40 trustees’ investment objectives; and41 (2) Emphasize diversification of portfolio investments within each asset class. Indicate 42 the criteria by which the investment manager’s performance will be evaluated.43 (3) Provide rate-of-return objectives and establish formal criteria to monitor and evaluate 44 the performance.45 (c)General objectives.The primary investment objective of the Boynton Beach General 46 Employees' Pension Fund is to achieve the absolute return objective over the near-term, 47 intermediate-term, and longer-term time periods. The secondary objective is to achieve moderate 48 980 Page 3 of 17 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. long-term real growth of the assets while minimizing the volatility of returns. To achieve these 49 objectives, the Board of Trustees seeks to create a conservative, well diversified and balanced 50 portfolio of asset classes managed in separate accounts, mutual funds, commingled funds, and/or 51 limited partnerships. The Board has determined that one or more outside investment managers 52 shall be retained to assure that all investments are managed in both a prudent and professional 53 manner and in compliance with the stated investment guidelines. The Board of Trustees will make 54 direct investments in fund structured investments and acknowledges that no guidelines may be 55 imposed on these investments.56 (d) Investment manager responsibilities.57 (1) Within the guidelines and restrictions set forth herein, it is the intention of the Board to 58 give each the investment manager full investment discretion, with respect to assets under its 59 management. The investment managersshall discharge theiritsresponsibilities in the same manner 60 as it would if the Fund fund were governed by the fiduciary, responsibility provisions of the 61 Employee-Retirement Income Security Act of 1974 (ERISA). Although the Fund Trustees fund 62 trustees acknowledge that ERISA does not apply to the Fund as a governmental fund, it hereby 63 imposes the fiduciary provisions of ERISA upon each investment manager whose performance 64 shall conform to the statutory provisions, rules, regulations, interpretations, and case law of 65 ERISA. The investment manager shall acknowledge, in writing, that it is a named fiduciary of the 66 fund.67 68 981 Page 4 of 17 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. (2) Each investment manager is expected to provide any reasonable information requested 69 by the Board of Trustees. At a minimum, each manager shall provide a quarterly report detailing 70 their investment activity, the portfolio’s current value, and any changes in investment philosophy 71 or strategy. Each investment manager is expected to meet with the Board of Trustees or their 72 designated representatives periodically to review investment performance and philosophy.73 (3) Unless otherwise provided by the Fund’s Custodian custodian, each investment 74 manager will monitor portfolio activity to minimize uninvested cash balances.75 (4) Each investment manager shall be responsible only for those assets under their 76 management.77 (5) It will be the responsibility of each investment manager to review the monthly 78 valuations provided by the Fund’s custodian and to note, in writing, any significant discrepancies 79 from the valuations provided in their own reports.80 (e)Florida Statute 112.81 (1)Expected annual rate of return.With consideration to rates of return from different 82 asset classes, the Board of Trustees has crafted its investment program in order to 83 deliver an expected rate of return similar to that of the actuarial assumed rate. The 84 Board shall determine for each actuarial valuation, the total expected annual rate of 85 return for the current year, for each of the next several years and for the long term 86 thereafter. The total expected annual rate of return is anticipated to be similar to the 87 actuarial assumed rate of return. This determination is to be filed with the Department 88 of Management Services and with the plan sponsor and consulting actuary.89 982 Page 5 of 17 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. (2)Continuing education.The Board of Trustees relies on its consultants and 90 professionals to provide continuing education on pension and investment issues. The 91 Board of Trustees also recognize state and regional conferences as a source of 92 continuing education. The Trustees are encouraged to attend conferences, schools, and 93 other functions periodically in order to fulfill this requirement.94 (3)Filing of investment policy.The investment policy is to be promptly filed with the 95 Department of Management Services, plan sponsor and consulting actuary. The 96 effective date of the investment policy and any amendment thereto shall be the 31st 97 calendar day following the filing date with the plan sponsor.98 (f)Investment objectives.Given the above stated purpose of the Boynton Beach General 99 Employees' Pension Fund, the Board of Trustees recognizes the necessity of a long-term horizon 100 when formulating investment policies and strategies. However, shorter-term investment goals 101 have been established and are intended to provide quantifiable benchmarks to measure and 102 evaluate portfolio return and risk.103 (1) Most investment styles require a full market cycle to allow an investment manager to 104 demonstrate his abilities. A full market cycle is generally defined as a three-to-five-105 year time period. As a result, performance results will be measured over a three-to-106 five-year period. Performance over shorter time periods will be monitored as a means 107 of identifying the trend of results.108 109 983 Page 6 of 17 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. (2) The specific investment objectives of the Boynton Beach General Employees’ Pension 110 Fund are as follows:111 a. Absolute Return Objective: The goal of the Boynton Beach General 112 Employees' Pension Fund shall be to achieve an average annual rate of 113 return greater than the applicable actuarial assumed rate of return net of 114 investment expenses over the longer term (3 to 5 years),115 b. Market Return Objective: In order to provide a reference of fund return and 116 risk relative to a similar basket of passive assets, the board has developed a 117 "Target Index". The fund's objective is to achieve a rate of return over the 118 long term (3 to 5 years), which exceeds the return of a Target Index.119 1. The Target Index for the Boynton Beach General Employees' 120 Pension Fund is defined as a 35% investment in the Russell 1000 121 Stock Index, a 15% investment in the Russell 2000 Stock Index, a 122 10% investment in the MSCI Europe, Australasia and Far East Stock 123 Index, a 20% 15% investment in the NCREIF Property Index, and a 124 15% investment in the Bloomberg Barclays Capital Aggregate Bond 125 Index, a 10% investment in the Consumer Price Index plus 3% (CPI 126 +3%).127 c. Peer Return Objective: It is expected that the total rate of return earned by 128 the Fund and the returns earned by the stock and bond portions of the 129 984 Page 7 of 17 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. portfolio will each rank in the top 50% when compared to a representative 130 universe of other, similarly managed portfolios.131 (g)Investment guidelines.132 (1) The Board of Trustees has established the following target asset allocation for the entire 133 Boynton Beach General Employees’ Pension Fund:134 Target Allocation (at market) Target Range (at market) Representative Benchmark Public Equity: Domestic Large Cap equity 35%25% - 60% 20% - 40% Russell 1000/S&P 500 Domestic Small/Mid Cap 15%5% - 20%Russell 2000/2500 Foreign equity 10%5% - 25 20%MSCI EAFE Total Equity 60%65% Maximum Fixed income & equivalents Core Fixed income 2015%10 5% - 70 25%Bloomberg Barclays Agg/Int Non-Core / Alt Fixed Income 5%0% - 15%Bloomberg Barclays Agg/Int/CPI + 3% Private Credit 5%0% - 15%CPI +3% Direct Private real estate 2015%5% - 30% 10% - 25% NCREIF Property Index ODCE Cash equivalents 0%0% - 10%T-bills 135 It may be necessary to rebalance the portfolio periodically to maintain policy targets and 136 diversification. The Board of Trustees will monitor each component of the Retirement Plan 137 (including asset class, mutual fund, and portfolio manager asset values) and will adjust as 138 necessary at quarterly meetings. To implement this strategy, the Board has chosen to hire one or 139 more professional investment managers. The following guidelines and restrictions apply to all fund 140 985 Page 8 of 17 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. investments. In accordance with the policies established by the Board of Trustees, the assets of the 141 Boynton Beach General Employees’ Pension Fund shall be invested in a diversified portfolio of 142 fully securities, funds, or pooled assets, provided they meet the following criteria:143 a.Equity securities:144 145 1.Public equity investment may be diversified across Domestic 146 Investments Large Cap, Domestic Small Cap, and Foreign Equity 147 (Incl EM). 148 149 2.Investments in equity securities/funds shall be limited to no more 150 than the ranges indicated above 65% at cost valuation of the fund’s 151 total asset value;152 3.Investments in all equity securities All equity investments shall be 153 limited to fully and easily negotiable equity securities;154 4.Investments in foreign securities shall be limited to 25% (at market 155 valuation) of the total investment portfolio. The Board may achieve 156 diversification in foreign equity through commingled fund or 157 institutional mutual fund vehicles. These pooled investments are 158 considered an investment in foreign securities. 159 (A)American Depository Receipts (ADRs) and foreign ordinary 160 securities traded on domestic exchanges are United States 161 dollar-denominated securities listed and traded on a United 162 986 Page 9 of 17 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. States exchange and are considered part of the ordinary 163 investment strategy of the Board. These securities are not 164 considered foreign securities and may be purchased by 165 separate account managers without limitation;166 5.Exchange traded funds (ETFS) may be utilized but may not exceed 167 10% (at market valuation) of any equity manager’s managers168 portfolio.169 6.No more than 20% of the equity securities are to be invested in small 170 or mid-cap stocks. The Board defines small and mid-cap stocks as171 the stocks whose market capitalization is less than $5 billion dollars.172 7.No more than 5% (at cost)value of an investment manager's equity 173 portfolio may be invested in the shares of a single corporate issuer.174 b. Fixed income securities, Funds, and Related Strategies:175 1.Fixed Income may include traditional fixed income in core or core+ 176 strategies, private credit offered through limited partner structure, or 177 non-traditional and alternative fixed income management offered in 178 limited partner structure. 179 2.The fixed income portfolio shall comply with the following 180 guidelines:181 987 Page 10 of 17 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. (A)The average credit quality of all rated bonds held 182 in the fixedincomethe bond portfolio shall be rated183 “A” or higher; and.184 (B)The duration of the fixed income portfolio shall not 185 exceed 135% of the duration of the market index. 186 The market index is defined as the Bloomberg 187 Barclays Capital Aggregate Bond Index.188 3.Investments in all rated corporate fixed income securities shall be 189 limited to:190 (A)Those securities rated "BBB" shall not exceed 20% 191 of the entire fixed income portfolio.192 (B)No more than 5% at cost of an investment 193 manager’s total fixed income' portfolio shall be 194 invested in the securities of any single corporate 195 4.Futures contracts may be used on a non-levered basis for duration 196 adjustment and yield curve positioning purposes.197 5.There is no limit imposed on investments in fixed income securities 198 issued directly by the United States Government government or any 199 agency or instrumentality thereof.200 6.Commingled vehicles managed by the investment adviser may be 201 used to assist with the efficient implementation of portfolio strategy.202 988 Page 11 of 17 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. 7.Index ETF's may be used for the efficient implementation of 203 portfolio strategy.204 8.Investment in private credit strategies are considered part of the 205 general fixed income asset class: 206 (A)Investments in private credit strategies shall not 207 exceed 15% of the value of the total Fund. 208 (B)All private credit investments shall be made 209 through participation in diversified limited 210 partnership vehicles. 211 (C)The Board shall endeavor to consider those 212 investments that offer transparency and low 213 relative fees. 214 c.Private Real Estate:215 1.Investments in real estate shall not exceed 15% 30% (at market 216 valuation) of the value of the total Fund assets.217 2.All real estate investments shall be made through participation in 218 diversified commingled funds of real properties. These funds shall 219 be broadly diversified as to property type and geography. 220 Experienced and professional real property investment managers 221 shall manage all real estate investments.222 d.Absolute Return:223 989 Page 12 of 17 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. 1.Investments in absolute or real return strategies shall not exceed 224 20% of the value of the total Fund assets.225 2.All absolute or real return investments shall be made through 226 participation in diversified commingled funds, mutual fund or 227 limited partnership vehicles.228 3.The board shall endeavor to consider those investments that offer 229 liquidity, transparency and low relative fees.230 e. Private Equity/Private Credit:231 1.Investments in private equity and credit strategies shall not exceed 232 15% of the value of the total Fund assets.233 2.All private equity and private credit investments shall be made 234 through participation in diversified limited partnership vehicles.235 3.The board shall endeavor to consider those investments that offer 236 liquidity, transparency and low relative fees.237 f. Cash equivalent securities:238 1.The investment manager may invest only in the following short-239 term investment vehicles:240 (A)The money market or STIF provided by the plan’s 241 custodian;242 (B)Direct obligations of the United States government 243 with a maturity of one year or less; 244 990 Page 13 of 17 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. (C)Commercial paper with a maturity of 270 days or 245 less that is rated A-1 or higher by Standard & 246 Poor’s or P-1 or higher by Moody’s; and247 (D)Bankers acceptances issued by the largest 50 banks 248 in the United States (in terms of total assets).249 (4)Mutual Funds/Commingled Funds/Limited Partnerships.The Board of Trustees 250 recognizes and accepts that commingled, mutual fund and limited partnership 251 investments will be dictated by the investment policies and guidelines of those funds 252 and that no additional constraints may be imposed on them. The decision to make a 253 direct investment in any vehicle will only be made by the Board of Trustees after a 254 thorough review of the policies of the governing documents of those funds and after it 255 has been determined that those policies are appropriate and materially consistent with 256 the investment objectives.257 (5)Prohibited securities. Only those derivative securities expressly described herein are 258 permissible. Trading on margin and short selling are prohibited for separate account 259 managers.260 (6)Performance Evaluation.The Board of Trustees intends to review investment 261 performance and compliance with stated investment policies on a quarterly basis.262 (7)Review of policy. It is the intention of the Board of Trustees of the Boynton Beach 263 General Employees’ Pension Fund to review this statement of investment policy and 264 its addenda periodically to amend it by policy to reflect any changes in philosophy or 265 991 Page 14 of 17 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. objectives. However, if at any time the investment manager believes that the specific 266 objectives defined herein cannot be met or that these guidelines unnecessarily constrict 267 performance, the Board shall be so notified in writing.268 (h) Compliance with Chapter 2023-28, Laws of Florida 269 The Board and its investment managers shall comply with the applicable requirements of 270 Chapter 2023-28, Laws of Florida, including Section 112.662, along with regulations adopted by 271 the Department of Management Services. 272 (1)Definition of pecuniary factor.The term “pecuniary factor” is defined as a factor 273 that an investment fiduciary “prudently determines is expected to have a material 274 effect on the risk or returns of an investment based on appropriate investment 275 horizons consistent with the investment objectives and funding policy of the 276 retirement system. The term does not include the consideration of the furtherance 277 of social, political, or ideological interests.” 278 (2)Exclusive consideration of pecuniary factors. Only pecuniary factors may be 279 considered, and the interests of the participants and beneficiaries of the system may 280 not be subordinated to other objectives, including sacrificing investment return or 281 undertaking additional investment risk to promote any nonpecuniary factor. The 282 weight given to any pecuniary factor must appropriately reflect a prudent 283 assessment of its impact on risk or returns. 284 (3)Proxy voting.Only pecuniary factors may be considered when voting proxies. 285 286 992 Page 15 of 17 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. (4)Filing requirements. The Board shall timely comply with the reporting 287 requirementsof Section 112.662, Florida Statutes, by filing a comprehensive report 288 by December 15 of each odd-numbered year. Investment managers and the Board’s 289 investment consultant shall assist in the preparation of required reports and shall 290 annually confirm to the Board their compliance with Chapter 2023-28. 291 (5)Contracting and external communication requirements. 292 a. Manager contracts shall comply with Section 215.885, Florida Statutes. 293 b. Requests for proposals issued for investment manager services shall comply 294 with Section 287.05701, Florida Statutes. 295 (6) The investment consultant shall provide investment managers for consideration 296 who invest only based on pecuniary factors as defined by this subsection (h)(1). 297 (7) If a Request for Proposals document is issued for Investment Manager services, the 298 solicitation document must include the following:299 The Board of Trustees may not request documentation of or consider a vendor’s 300 social, political, or ideological interests when determining if the vendor is a 301 responsible vendor. Additionally, the Board of Trustees may not give 302 preference to a vendor based on vendor’s social, political, or ideological 303 interests.304 Section 3:Codification. It is the intention of the City Commission of the City of 305 Boynton Beach, Florida, and it is hereby ordained that the provisions of this Ordinance shall 306 993 Page 16 of 17 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. become and be made a part of the Code and Ordinances of the City of Boynton Beach, Florida,307 and that Sections of this Ordinance may be renumbered, re-lettered and the word “Ordinance” may 308 be changed to “Section,” “Article,” or such other word or phrase in order to accomplish such 309 intention. 310 Section 4:Severability. If any clause, section, or other part of this Ordinance shall be 311 held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional 312 or invalid part shall be considered eliminated and in no way affect the validity of the other 313 provisions of this Ordinance.314 Section 5:Conflicts.That all Ordinances, parts of Ordinances, Resolutions, or 315 parts of Resolutions in conflict herewith be and the same are repealed to the extent of such conflict.316 Section 6:Effective Date.That this Ordinance shall take effect immediately 317 upon passage.318 319 320 321 322 323 324 325 994 Page 17 of 17 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. FIRST READING this ______ day of _____________________ 2024.326 SECOND, FINAL READING,AND PASSAGE this ____ day of _______________2024.327 CITY OF BOYNTON BEACH, FLORIDA328 YES NO329 330 Mayor – Ty Penserga _____ _____331 332 Vice Mayor – Aimee Kelley _____ _____333 334 Commissioner – Woodrow L. Hay _____ _____335 336 Commissioner –Angela Cruz _____ _____337 338 Commissioner – Thomas Turkin _____ _____339 340 VOTE ______341 ATTEST:342 343 344 _____________________________345 Maylee DeJesús, MMC Ty Penserga346 City Clerk Mayor347 348 APPROVED AS TO FORM:349 (Corporate Seal)350 351 352 Shawna G. Lamb353 City Attorney354 995 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 Ordinance No. 24-XXX, approving an ordinance of the City of Boynton Beach, Florida, amending Article II of Chapter 18, section 18-145 of the Boynton Beach Code of Ordinances for general employees’ pension fund. 996 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): First Reading of Proposed Ordinance No. 24-XXX, approving an ordinance of the City of Boynton Beach, Florida, amending Article II of Chapter 18, section 18-145 of the Boynton Beach Code of Ordinances for general employees’ pension fund. 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: No Cost (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible: No Cost (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): 997 City of Boynton Beach Agenda Item Request Form 8.C 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. 10/15/2024 Meeting Date: 10/15/2024 Proposed Ordinance No. 24-021- Second Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, amending Part III, Chapter 4, "Site Development Standards," Article X, "Flood Prevention Requirements," Section 1.C "Administration," Section 1.D, "Applicability," and Section 5.E "Building and Structures"; providing for codification, severability, conflicts, and providing for an effective date. Requested Action: Staff recommends approval of Proposed Ordinance No. 24-021, on second reading. Explanation of Request: Amending the City of Boynton Beach Code of Ordinance to update the Date of the Flood Insurance Study and Flood Insurance Rate Maps; Providing for applicability, serviceability and effective December 20, 2024. Striking the term "Floodway designations" as the City doesn't have any floodways. FEMA has established the effective date for the revised Flood Insurance Study and Flood Insurance Rate Maps (FlRMs) for the City of Boynton Beach through the issuance of a Letter of Final Determination (LFD). The letter advises affected communities that they must adopt or show evidence of adoption of a National Flood Insurance Program (NFIP)-compliant flood ordinance before the FlRMs become effective December 20, 2024. The City of Boynton Beach CRS rating currently is a 5 and working toward becoming a 4. The City of Boynton Beach has been working with Florida Department of Emergency Management (FDEM) Office of Floodplain Management to ensure the changes to the City's Flood Prevention Ordinance meets the strict requirements to maintain our current standing with FEMA. How will this affect city programs or services? If the proposed amendment is not adopted, the city's floodplain ordinance may be deemed non-compliant which would affect all flood policies obtained through the National Flood Insurance Program. This could result in a loss of discount for all policy holders within the City. Fiscal Impact: No impact 998 Attachments: Ordinance_No_24-021_Flood_Prevention_Requirements- 2nd Reading Revisions.docx Letters of Final Determination.docx business-impact-estimate.pdf 999 Page 1 of 6 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. ORDINANCE NO. 24-0211 2 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 3 BOYNTON BEACH, FLORIDA, AMENDING PART III, CHAPTER 4 4, “SITE DEVELOPMENT STANDARDS,” ARTICLE X, “FLOOD 5 PREVENTION REQUIREMENTS,” SECTION 1.C 6 “ADMINISTRATION,” SECTION 1.D “APPLICABILITY,” 7 SECTION 2.A “DEVELOPMENT IN FLOOD HAZARD AREAS,” 8 AND SECTION 5.E “BUILDING AND STRUCTURES;”9 PROVIDING FOR CODIFICATION, SEVERABILITY, 10 CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE.11 12 WHEREAS, the Legislature of the State of Florida has, in Chapter 166 – Municipalities, 13 Florida Statutes, conferred upon local governments the authority to adopt regulations designed to 14 promote the public health, safety, and general welfare of its citizenry; and15 WHEREAS, the City of Boynton Beach participates in the National Flood Insurance 16 Program, and the City of Boynton desires to continue to meet the requirements of Title 44 Code 17 of Federal Regulations, Sections 59 and 60, necessary for such participation; and18 WHEREAS, the Federal Emergency Management Agency has revised and reissued the 19 Flood Insurance Study for Palm Beach County, Florida, and Incorporated Areas, with an effective 20 date of December 20, 2024; and 21 WHEREAS, the City of Boynton Beach has determined that it is in the best interest of the 22 public to amend Part III, Chapter 4, “Site Development Standards,” Article X, “Flood Prevention 23 Requirements,” Section 1.C “Administration,” Section 1.D “Applicability,” Section 2.A. 24 “Development in Flood Hazard Areas,” and Section 5.E “Building and Structures” to identify the 25 effective date of the revised Flood Insurance Study and Flood Insurance Rate Maps.26 1000 Page 2 of 6 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 III, Chapter 4, Article X, Section 1.C, entitled “Administration” of the 31 Code of Ordinances of the City of Boynton Beach is hereby amended as follows:32 Part III, Chapter 4, Article X, Section 1, Part C “Administration,” Section 7 “Other Duties”33 C. Administration.34 …35 7. Other Duties. The Floodplain Administrator shall have other duties, including but not 36 limited to:37 …38 c. Require applicants who submit hydrologic and hydraulic engineering analyses to support 39 permit applications to submit to FEMA the data and information necessary to maintain the Flood 40 Insurance Rate Maps (FIRM) if the analyses propose to change base flood elevations, flood hazard 41 area boundaries, or floodway designations; such submissions shall be made within six (6) months 42 of such data becoming available;43 …44 Section 3:Part III, Chapter 4, Article X, Section 1.D, entitled “Applicability” of the 45 Code of Ordinances of the City of Boynton Beach is hereby amended as follows:46 Part III, Chapter 4, Article X, Section 1, Part D entitled “Applicability”47 D. Applicability.48 1001 Page 3 of 6 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. …49 2. Basis for Establishing Flood Hazard Areas. The Flood Insurance Study (FIS) for Palm 50 Beach County, Florida and Incorporated Areas dated October 5, 2017 December 20, 2024, and all 51 subsequent amendments and revisions, and the accompanying FIRMs, and all subsequent 52 amendments and revisions to such maps, are adopted by reference as a part of this article and shall 53 serve as the minimum basis for establishing flood hazard areas. Studies and maps that establish 54 flood hazard areas are on file in the Development Department at the city.55 …56 Section 4:Part III, Chapter 4, Article X, Section 2.A, “Development in Flood Hazard 57 Areas” of the Code of Ordinances of the City of Boynton Beach is hereby amended as follows:58 Part III, Chapter 4, Article X, Section 2, Part A entitled “Development in Flood Hazard 59 Areas”60 A. Development in Flood Hazard Areas.61 …62 2. Where base flood elevations, or floodway data are is not included on the FIRM or in the 63 FIS, they shall be established in accordance with Sections 4.B.2 or 4.B.3 2.B. or Section 2.C.64 below.65 3. Where the parcel on which the proposed development will take place will have more than 66 fifty (50) lots or is larger than five (5) acres and the base flood elevations are not included on the 67 FIRM or in the FIS, such elevations shall be established in accordance with Section 4.B.1. 2.B.68 below.69 …70 1002 Page 4 of 6 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. 71 Section 5:Part III, Chapter 4, Article X, Section 5.E, entitled “Buildings and 72 Structures” of the Code of Ordinances of the City of Boynton Beach is hereby amended as follows:73 Part III, Chapter 4, Article X, Section 5, Part E entitled “Buildings and Structures”74 E. Buildings and Structures.75 …76 2. Buildings and structures seaward of the coastal construction control line. If extending, in 77 whole or in part, seaward of the coastal construction control line and also located, in whole or in 78 part, in a flood hazard area:79 …80 b. Minor structures and non-habitable major structures as defined in section 161.54, F.S., 81 shall be designed and constructed to comply with the intent and applicable provisions of this 82 ordinance article and ASCE 24.83 … 84 Section 6:Codification.It is the intention of the City Commission of the City of 85 Boynton Beach, Florida, and it is hereby ordained that the provisions of this Ordinance shall 86 become and be made a part of the Code and Ordinances of the City of Boynton Beach, Florida,87 and that Sections of this Ordinance may be renumbered, re-lettered and the word “Ordinance” may 88 be changed to “Section,” “Article,” or such other word or phrase in order to accomplish such 89 intention. 90 Section 7:Severability.If any clause, section, or other part of this Ordinance shall be 91 held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional 92 1003 Page 5 of 6 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. or invalid part shall be considered eliminated and in no way affect the validity of the other 93 provisions of this Ordinance.94 Section 8:Conflicts. That all Ordinances, parts of Ordinances, Resolutions, or parts 95 of Resolutions in conflict herewith be and the same are repealed to the extent of such conflict.96 Section 9:Effective Date. That this Ordinance shall take effect immediately upon 97 passage.98 99 [SIGNATURE ON THE FOLLOWING PAGE]100 101 1004 Page 6 of 6 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. FIRST READING this ______ day of ___________ 2024.102 SECOND, FINAL READING, AND PASSAGE this ______ day of __________ 2024.103 CITY OF BOYNTON BEACH, FLORIDA104 YES NO105 106 Mayor – Ty Penserga _____ _____107 108 Vice Mayor – Aimee Kelley _____ _____109 110 Commissioner – Woodrow L. Hay _____ _____111 112 Commissioner –Angela Cruz _____ _____113 114 Commissioner – Thomas Turkin _____ _____115 116 VOTE ______117 ATTEST:118 119 120 _____________________________121 Maylee DeJesús, MMC Ty Penserga122 City Clerk Mayor123 124 APPROVED AS TO FORM:125 (Corporate Seal)126 127 128 Shawna G. Lamb129 City Attorney130 1005 STAT E O F F L O R I D A D I V I SI O N O F E M E R G E N C Y M A N A G E M E N T Ron DeSantis Kevin Guthrie Governor Director FLORIDA DEM SUPPORT FOR ORDINANCE REQUIREMENTS (For Letters of Final Determination Beginning 2023) TO:CEOs of Florida Communities Receiving FEMA LFDs for Revised Maps SUBJECT:Adoption of NFIP-Compliant Flood Ordinances Coordinated with theFBC FEMA has established the effective date for the revised Flood Insurance Study and Flood Insurance Rate Maps (FlRMs) for your community through the issuance of a Letter of Final Determination (LFD). The letter advises affected communities that they must adopt or show evidence of adoption of a National Flood Insurance Program (NFIP)-compliant flood ordinance before the FlRMs become effective. The Division of Emergency Management (DEM) worked with your community in the past to adopt a floodplain management ordinance that is coordinated with the Florida Building Code. That ordinance and the flood provisions in the FBC satisfy the requirements of the NFIP. Within a week or two after FEMA mails the Letter of Final Determination, the OFM will be in touch with your community's Floodplain Administrator. We will discuss options to respond to the LFD, including amending the ordinance to revise the FIS and FIRM date. If your community elects to amend the ordinance, the OFM must conduct a compliance review prior to adoption. After amendments are adopted, or if your community chooses not to amend the ordinance, we must submit your ordinance to FEMA in advance of the deadline established in the LFD. We welcome the opportunity to work with your community to ensure that its flood ordinance is compliant with NFIP. If you have questions and wish to speak with our staff, please contact our helpline telephone number at (850) 815-4556 or email at floodstoem.myfIorida.com. CC/ D I V I S I O N H E A D Q U A R 7 E R S 2555 Shumard 0 ak BouIevard TaIIahassee, FL 32399-2100 Telephone: 850-815-4000 www FloridaDisaster ors STATE LOGIS TICS RESPONSE CENTER 27 02 Di rec to rs Row Onando, FL 32809-5631 1006 Federal Emergency Management Agency Washington, D.C. 20472 June 20, 2024 CERTIFIED MAIL RETURN RECEIPT REQUESTED The Honorable Ty Penserga Mayor, City of Boynton Beach 100 East Ocean Avenue Boynton Beach, FL 33435 Dear Mayor Penserga: IN REPLY REFER TO: 19P Community Name:City of Boynton Beach, Palm BeachCounty, Florida Community No.:120196 Map Panels Affected:See FIRM Index This is to notify you of the final flood hazard determination for Palm Beach County, Florida and Incorporated Areas, in compliance with Title 44, Chapter I, Part 67, Section 67.11, Code of Federal Regulations (CFR). This section requires that notice of final flood hazards shall be sent to the Chief Executive Officer of the community, all individual appellants, and the State Coordinating Agency, and shall be published in the Federal Register. The statutory 90-day appeal period that was initiated for your community when the Department of Homeland Security’s Federal Emergency Management Agency (FEMA) published a notice of proposed flood hazard determinations for your community in the local newspaper has elapsed. FEMA did not receive any appeals of the proposed flood hazard determinations or submittals regarding the Revised Preliminary Flood Insurance Study (FIS) report and Flood Insurance Rate Map (FIRM) during that time. Accordingly, the flood hazard determinations for your community are considered final. The final notice for flood hazard determinations will be published in the Federal Register as soon as possible. The FIS report and FIRM for your community will become effective on December 20, 2024. Before the effective date, we will send your community final printed copies of the FIS report and FIRM. For insurance purposes, the community number and new suffix code for the panels being revised are indicated on the FIRM and must be used for all new policies and renewals. Because the FIS report for your community has been completed, certain additional requirements must be met under Section 1361 of the National Flood Insurance Act of 1968, as amended, within 6 months from the date of this letter. It must be emphasized that all the standards specified in 44 CFR Part 60.3(e) of the National Flood Insurance Program (NFIP) regulations must be enacted in a legally enforceable document. This includes adoption of the current effective FIS report and FIRM to which the regulations 1007 2 apply and other modifications made by this map revision. Some of the standards should already have been enacted by your community in order to establish initial eligibility in the NFIP. Your community can meet any additional requirements by taking one of the following actions in this Paragraph of the NFIP regulations: 1.Amending existing regulations to incorporate any additional requirements of 44 CFR Part 60.3(e); 2.Adopting all the standards of 44 CFR Part 60.3(e) into one new, comprehensive setof regulations; or 3.Showing evidence that regulations have previously been adopted that meet or exceed the minimum requirements of 44 CFR Part 60.3(e). Also, prior to the effective date, your community is required, as a condition of continued eligibility in the NFIP, to adopt or show evidence of adoption of the floodplain management regulations that meet the standards of 44 CFR Part 60.3(e) of the NFIP regulations by the effective date of the FIRM. These standards are the minimum requirements and do not supersede any State or local requirements of a more stringent nature. Many states and communities have adopted building codes based on the International Codes (I- Codes); the model I-Codes (2009 and more recent editions) contain flood provisions that either meet or exceed the minimum requirements of the NFIP for buildings and structures. The model codes also contain provisions, currently found in an appendix to the International Building Code, that apply to other types of development and NFIP requirements. In these cases, communities should request review by the NFIP State Coordinator to ensure that local floodplain management regulations are coordinated (not duplicative or inconsistent) with the State or Local building code. FEMA’s resource, Reducing Flood Losses through the International Code. Coordinating Building Codes and Floodplain Management Regulations, 5th Edition (2019), provides some guidance on this subject and is available at https://www.fema.gov/emergency-managers/risk- management/building-science/building-codes/flood. Communities that fail to enact the necessary floodplain management regulations will be suspended from participation in the NFIP and subject to the prohibitions contained in Section 202(a) of the Flood Disaster Protection Act of 1973 (Public Law 93-234) as amended, and 44 CFR Part 59.24. Please note, any enclosed correspondence from the State Floodplain Manager is provided to assist States and communities in coordinating to meet State requirements. Its inclusion with this determination should not be construed as FEMA’s specific endorsement of its contents. To assist your community in maintaining the FIRM, we have enclosed a Summary of Map Actions (SOMA) to document previous Letters of Map Change (LOMC) actions (i.e., Letters of Map Amendment, Letters of Map Revision) that will be affected when the revised FIRM panels 1008 3 referenced above become effective. If no LOMCs were issued previously for your community, you are receiving a SOMA for informational purposes only. Once the FIS report and FIRM are printed and distributed, the digital files containing the flood hazard data for the entire county can be provided for use in a computer mapping system. These files can be used in conjunction with other thematic data for floodplain management purposes, insurance requirements, and many other planning applications. Copies of the digital files of the FIRM panels may be obtained by calling our FEMA Mapping and Insurance eXchange (FMIX), toll free, at (877) 336-2627 (877-FEMA MAP) or by visiting the Map Service Center at https://www.msc.fema.gov. In addition, your community may be eligible for additional credits under our Community Rating System if you implement your activities using digital mapping files. For assistance with your floodplain management ordinance or enacting the floodplain management regulations, please contact Killian Kraynak, NFIP State Coordinator for Florida by telephone at (850) 815-4560. If you should require any additional information, we suggest that you contact the Director, Mitigation Division of FEMA, Region 4 at (850) 815-4507 for assistance. If you have any questions concerning mapping issues in general or the enclosed SOMA, please call our FMIX at the telephone number shown above. Additional information and resources you may find helpful regarding the NFIP and floodplain management can be found on our website at https://www.fema.gov/flood-maps. Copies of these documents may also be obtained by calling our FMIX. Sincerely, Luis Rodriguez, P.E. Director, Engineering and Modeling Division Risk Management Directorate Resilience Enclosures: Final SOMA Adoption of NFIP-Compliant Flood Ordinances Coordinated with the FBC cc: Community Map Repository John Kuntzman, Building Official, City of Boynton Beach 1009 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 An Ordinance Of The City Commission Of The City Of Boynton Beach, Florida, Amending Part III, Chapter 4, “Site Development Standards,” Article X, “Flood Prevention Requirements,” Section 1.C “Administration,” Section 1.D, “Applicability,” and Section 5.E “Building And Structures”; Providing for Codification, Severability, Conflicts, and Providing for An Effective Date. 1010 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): An Ordinance Of The City Commission Of The City Of Boynton Beach, Florida, Amending Part III, Chapter 4, “Site Development Standards,” Article X, “Flood Prevention Requirements,” Section 1.C “Administration,” Section 1.D, “Applicability,” and Section 5.E “Building And Structures”; Providing for Codification, Severability, Conflicts, and Providing for 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: No Impact (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible: No Impact (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): 1011 City of Boynton Beach Agenda Item Request Form 10.A Regular Agenda 10/15/2024 Meeting Date: 10/15/2024 Proposed Ordinance No. 24-022- First Reading, An Ordinance of the City of Boynton Beach, Florida, Amending the Boynton Beach Administrative Amendments to the 8th Edition (2023) of the Florida Building Code. Requested Action: Staff recommends approval of Proposed Ordinance No. 24-022 on first reading. Explanation of Request: Based on section 553.73 4(a), Florida Statutes, "Building Construction Standards," the state legislature has provided for local jurisdictions to modify Chapter 1 of the Florida Building Code to deal with local issues and conditions that are unique and distinctive to each jurisdiction. Accordingly, the City of Boynton Beach Building Department has modified Chapter 1 of the Florida Building Codes. The request for adoption includes the following revised sections, added sections clarifications, and text corrections throughout the document. Section 110.3.13 Termites. Strike "2304.13," add "or section 2304.12." Strike "or section 2304.11.6." This is a typo correction. Section 110.11.8.1 Phase One Recertification Inspection (ii) strike "specializing in structural design" and strike "specializing in electrical design. The terms "specializing in structural design" and "specializing in electrical design" are specialized state certifications mainly used in Dade and Broward counties. The specialty licenses are in high demand in Dade and Broward counties and tend to be more expensive. It is the City’s intent to keep the recertification of our Threshold and condominiums as cost effective as possible and to ensure that our aging buildings are safe. How will this affect city programs or services? No impact. Fiscal Impact: No impact. 1012 Attachments: Ordinance 24-022 Amend_BB_Admin_Admendments_to_FLA_Bldg_Code_8th_Ed__2023__- _Ordinance_Revised.docx Exhibit A Boynton_Beach_local_Amendment_2023_FBC-Building_chapter_1_Rev_1 (2).pdf business-impact-statement.pdf 1013 Page 1 of 3 ORDINANCE NO. 24-0221 2 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 3 FLORIDA,APPROVING THE BOYNTON BEACH 4 ADMINISTRATIVE AMENDMENTS TO THE 8TH EDITION (2023) 5 OF THE FLORIDA BUILDING CODE; PROVIDING FOR 6 CONFLICTS, SEVERABILITY, CODIFICATION,AND AN 7 EFFECTIVE DATE.8 9 WHEREAS, pursuant to Chapter 553.734(a), Florida Statutes, the City Commission may 10 adopt amendments to the administrative provisions of the Florida Building Code to deal with local 11 issues and conditions that are unique and distinctive to each jurisdiction, subject to the limitations 12 in said statute; and13 WHEREAS,the City of Boynton Beach has adopted the Boynton Beach Amendments to 14 the Florida Building Code 8th Edition (2023) in Ordinance No. 23-023 with an effective date of15 December 31, 2023; and16 WHEREAS, the Boynton Beach Building Division proposes to modify the City's local 17 administrative chapter (Chapter 1) of the Florida Building Code; and18 WHEREAS, the request for adoption includes several revised sections, added sections 19 clarifications, and text corrections throughout the document; and20 WHEREAS,the City Commission hereby approves and adopts an amendment to the 21 Boynton Beach Administrative Building Code 8th Edition (2023) of the Florida Building Code; 22 and23 WHEREAS, as required by law, such amendments will be transmitted to the State within 24 30 days after this enactment of the amendments.25 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 26 CITY OF BOYNTON BEACH, FLORIDA, THAT:27 1014 Page 2 of 3 Section 1:The foregoing "Whereas" clauses are true and correct and are now ratified 28 and confirmed by the City Commission.29 Section 2:The City Commission hereby approves and adopts the Boynton Beach 30 Administrative Amendments to the 8th Edition (2023) of the Florida Building Code contained in 31 Exhibit "A," which is attached hereto and incorporated herein by reference.32 Section 3:As required by law, these amendments will be transmitted to the State within 33 30 days after the enactment of the amendments.34 Section 4:That ordinances or parts of ordinances in conflict herewith be, and the same 35 are hereby repealed, provided that in the event of a conflict with respect to the administration of 36 the building codes, existing administrative laws or rules of the City shall control. 37 Section 5:Should any section or provision of this Ordinance or any portion thereof be 38 declared invalid by a court of competent jurisdiction, such decision shall not affect the remainder 39 of this Ordinance.40 Section 6:Authority is hereby given to codify this Ordinance.41 Section 7:This Ordinance shall become effective immediately.42 43 [SIGNATURE ON THE FOLLOWING PAGE]44 45 46 1015 Page 3 of 3 FIRST READING this ______ day of ___________ 2024.47 SECOND, FINAL READING, AND PASSAGE this ______ day of __________ 2024.48 CITY OF BOYNTON BEACH, FLORIDA49 YES NO50 51 Mayor – Ty Penserga _____ _____52 53 Vice Mayor – Aimee Kelley _____ _____54 55 Commissioner – Woodrow L. Hay _____ _____56 57 Commissioner –Angela Cruz _____ _____58 59 Commissioner – Thomas Turkin _____ _____60 61 VOTE ______62 ATTEST:63 64 65 _____________________________66 Maylee DeJesús, MMC Ty Penserga67 City Clerk Mayor68 69 APPROVED AS TO FORM:70 (Corporate Seal)71 72 73 Shawna G. Lamb74 City Attorney75 76 1016 1 Table of Contents BOYNTON BEACH ADMINISTRATIVE AMENDMENTS to the FLORIDA BUILDING CODE 8th Edition (2023) ORDINANCE NO. 23-023 EFFECTIVE December31, 2023 BEGINNING WITH PERMIT NO. 23-0001 City of Boynton Beach Division of Development Building Division 100 East Ocean Avenue Boynton Beach, Florida 33435 (561) 742-6350 Office (561) 742-6357 Fax 1017 2 Table of Contents PART 1—SCOPE AND APPLICATION CHAPTER 1 ADMINISTRATION Table of Contents Section 101 GENERAL 3 Section 102 APPLICABILITY 5 Section 103 BUILDING DIVISION 10 Section 104 DUTIES AND POWERS OF THE BUILDING OFFICIAL 10 Section 105 PERMITS 13 Section 106 FLOOR AND ROOF LOADS 29 Section 107 CONSTRUCTION DOCUMENTS 29 Section 108 TEMPORARY STRUCTURES AND USES 43 Section 109 FEES 43 Section 110 INSPECTIONS 45 Section 111 CERTIFICATES OF OCCUPANCY AND COMPLETION 66 Section 112 SERVICE UTILITIES 68 Section 113 BUILDING BOARD OF ADJUSTMENT AND APPEALS 68 Section 114 VIOLATIONS 71 Section 115 STOP WORK ORDER 72 Section 116 UNSAFE STRUCTURES AND EQUIPMENT 73 Section 117 VARIANCES IN FLOOD HAZARD AREAS 75 Section 118 WIND LOADS 76 Section 119 SEVERABILITY 76 1018 3 Table of Contents SECTION 101 GENERAL 101.1 Title. These regulations shall be known as the Florida Building Code, hereinafter referred to as “this code.” 101.2 Scope. The provisions of this code shall apply to the construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures. Exception: 1. Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories above grade plane in height with a separate means of egress and their accessory structures not more than three stories above grade plane in height, shall comply with this code or the Florida Building Code Residential. 2. Code Requirements that address snow loads and earthquake protection are pervasive; they are left in place but shall not be utilized or enforced because Florida has no snow load or earthquake threat. 101.2.1 Appendices. Provisions in the appendices shall not apply unless specifically adopted. Appendix “F,” in the Florida Building Code, Plumbing Volume, has been adopted as part of this chapter. 101.2.2 Florida Building Code, Residential Construction standards or practices which are not covered by Florida Building Code, Residential volume shall be in accordance with the provisions of Florida Building Code, Building. 101.3 Intent. The purpose of this code is to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to fire fighters and emergency responders during emergency operations. 101.3.1 Quality control. Quality control of materials and workmanship is not within the purview of this code except as it relates to the purposes stated herein. 101.3.2 Warranty and Liability. The permitting, plan review or inspection of any building, system or plan by this jurisdiction, under the requirements of this code, shall not be construed in any court as a warranty of the physical condition of such building, system or plan or their adequacy. This jurisdiction shall not be liable in tort for damages or hazardous or illegal condition or inadequacy in such building, 1019 4 Table of Contents system or plan, nor for any failure of any component of such, which may occur subsequent to such inspection or permitting. Further, no employee shall be liable in tort for damage from such conditions, in accordance with Section 768.28 Florida Statutes, as may be amended or replaced. 101.4 Referenced codes. The other codes listed in Sections 101.4.1 through 101.4.11 and referenced elsewhere in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. 101.4.1 Gas. The provisions of the Florida Building Code, Fuel Gas Code shall apply to the installation of gas piping from the point of delivery, gas appliances and related accessories as covered in this code. These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories. 101.4.2 Mechanical. The provisions of the Florida Building Code, Mechanical shall apply to the installation, alterations, repairs and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air- conditioning and refrigeration systems, incinerators and other energy-related systems. 101.4.3 Plumbing. The provisions of the Florida Building Code, Plumbing shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system. 101.4.4 Property maintenance. For provisions related to property maintenance of existing properties, refer to the City of Boynton Beach Code of Ordinances, Chapter 10, Article IV. 101.4.5 Fire prevention. For provisions related to fire prevention, refer to the Florida Fire Prevention Code. The Florida Fire Prevention Code shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the construction, extension, repair, alteration or removal of fire suppression, automatic sprinkler systems and alarm systems or fire hazards in the structure or on the premises from occupancy or operation. 101.4.6 Energy. The provisions of the Florida Building Code, Energy Conservation shall apply to all matters governing the design and construction of buildings for energy efficiency. 101.4.7 Existing buildings. The provisions of the Florida Existing Building Code shall apply to matters governing the repair, alteration change of occupancy, addition to and relocation of existing buildings. 1020 5 Table of Contents 101.4.8 Accessibility. For provisions related to accessibility, refer to the Florida Building Code, Accessibility. 101.4.9 Manufactured buildings. For additional administrative and special code requirements, see Section 458, Florida Building Code. Building, and Rule 61-41 Florida Administrative Code. 101.4.10 Electrical. The provisions of Chapter 27 of the Florida Building Code, Building Volume shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto. 101.4.11 Flood Damage Prevention. City of Boynton Beach Land Development Regulations (LDR) shall be considered part of the requirements of this code relative to flood control. Conflicting requirements between the Florida Building Code and Chapter 4, Article X, Flood Prevention Requirements of the LDR shall be resolved in favor of the requirement that offers the greatest degree of flood damage prevention or alternatives that would provide an equivalent degree of flood damage prevention and an equivalent method of construction. 101.5 Building Official. Whenever, the Building Official is mentioned in the code, it is also intended to mean the Building Official’s designee, wherever applicable. 101.6 Department. Whenever “department” or “department of building safety” is mentioned in this code, it is also intended to mean the City of Boynton Beach Building Division, where applicable. SECTION 102 APPLICABILITY 102.1 General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. 102.1.1 The Florida Building Code does not apply to, and no code enforcement action shall be brought with respect to, zoning requirements, land use requirements and owner specifications or programmatic requirements which do not pertain to and govern the design, construction, erection, alteration, modification, repair or demolition of public or private buildings, structures or facilities or to programmatic requirements that do not pertain to enforcement of the Florida Building Code. Additionally, a local code enforcement agency may not administer or enforce the Florida Building Code Building to prevent the citing of any publicly owned facility, including, but not limited to, correctional facilities, juvenile justice facilities, or state universities, community colleges, or public education facilities, as provided by law. 1021 6 Table of Contents 102.2 Building. The provisions of the Florida Building Code shall apply to the construction, erection, alteration, modification, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every public and private building, structure or facility or floating residential structure, or any appurtenances connected or attached to such buildings, structures or facilities. Additions, alterations, repairs and changes of use or occupancy group in all buildings and structures shall comply with the provisions provided in the Florida Building Code, Existing Building. The following buildings, structures and facilities, except for those located in a Special Flood Hazard Area are exempt from the Florida Building Code as provided by law, and any further exemptions shall be as determined by the legislature and provided by law: (a) Building and structures specifically regulated and preempted by the federal government. (b) Railroads and ancillary facilities associated with the railroad. (c) Nonresidential farm buildings on farms. (d) Temporary buildings or sheds used exclusively for construction purposes. (e) Mobile or modular structures used as temporary offices, except that the provisions of part II (section 553.501-553.513, Florida Statutes) relating to accessibility by persons with disabilities shall apply to such mobile or modular structures. Permits shall be required for structural support and tie down, electric supply and all other such utility connections to such mobile or modular structures as required by this jurisdiction. (f) Those structures or facilities of electric utilities, as defined in section 366.02, Florida Statutes, which are directly involved in the generation, transmission, or distribution of electricity. (g) Temporary sets, assemblies, or structures used in commercial motion picture or television production, or any sound-recording equipment used in such production, on or off the premises. (h) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida. As used in this paragraph, the term “chickee” means an open-sided wooden hut that has a thatched roof of palm or palmetto or other traditional materials, and that does not incorporate any electrical, plumbing, or other non-wood features. (i) Family mausoleums not exceeding 250 square feet (23 m2) in area which are prefabricated and assembled on site or preassembled and delivered on site and have walls, roofs, and a floor constructed of granite, marble, or reinforced concrete. (j) Temporary housing provided by the Department of Corrections to any prisoner in the state correctional system. (k) A building or structure having less than 1,000 square feet (93 m2) which is constructed and owned by a natural person for hunting and which is repaired or reconstructed to the same dimension and condition as existed on January 1, 2011, if the building or structure: 1. Is not rented or leased or used as a principal residence; 1022 7 Table of Contents 2. Is not located within the 100-year floodplain according to the Federal Emergency Management Agency’s current Flood Insurance Rate Map; and 3. Is not connected to an off-site electric power or water supply. (l) Service providers of water, sewer, storm, gas, cable, telephone, or other similar utility systems are exempt to the point of service connection for the building or structure. However, these structures may be subject to local zoning and/or land development regulations. 102.2.1 In addition to the requirements of Section 553.79 and 553.80, Florida Statutes, facilities subject to the provisions of chapter 395, Florida Statutes, and part II of chapter 400, Florida Statutes, shall have facility plans reviewed and construction surveyed by the state agency authorized to do so under the requirements of chapter 395, Florida Statutes, and part II of chapter 400, Florida Statutes, and the certification requirements of the federal government. 102.2.2 Residential buildings or structures moved into or within a county or municipality shall not be required to be brought into compliance with the state minimum building code in force at the time the building or structure is moved, provided: 1. The building or structure is structurally sound and in occupiable condition for its intended use; 2. The occupancy use classification for the building or structure is not changed as a result of the move; 3. The building is not substantially remodeled; 4. Current fire code requirements for ingress and egress are met; 5. Electrical, gas and plumbing systems meet the codes in force at the time of construction and are operational and safe for reconnection; and 6. Foundation plans are sealed by a professional engineer or architect licensed to practice in this state, if required by the Florida Building Code, Building for all residential buildings or structures of the same occupancy class. 7. The requirements of Florida Building Code, Existing Building Volume, are also satisfied. 102.2.3 The Building Official shall apply the same standard to a moved residential building or structure as that applied to the remodeling of any comparable residential building or structure to determine whether the moved structure is substantially remodeled. The cost of the foundation on which the moved building or structure is placed shall not be included in the cost of remodeling for purposes of determining whether a moved building or structure has been substantially remodeled. 1023 8 Table of Contents 102.2.4 This section does not apply to the jurisdiction and authority of the Department of Agriculture and Consumer Services to inspect amusement rides or the Department of Financial Services to inspect state-owned buildings and boilers. 102.2.5 Each enforcement district or local enforcement agency shall be governed by a board, the composition of which shall be determined by the affected localities. 1. At its own option, each enforcement district or local enforcement agency may adopt rules granting to the owner of a single-family residence one or more exemptions from the Florida Building Code relating to: a. Addition, alteration, or repairs performed by the property owner upon his or her own property, provided any addition or alteration shall not exceed 1,000 square feet (93 m2) or the square footage of the primary structure, whichever is less. b. Addition, alteration, or repairs by a non-owner within a specific cost limitation set by rule, provided the total cost shall not exceed $5,000 within any 12-month period. c. Building and inspection fees. 2. However, the exemptions under subparagraph 1 do not apply to single-family residences that are located in mapped flood hazard areas, as defined in the code, unless the enforcement district or local enforcement agency has determined that the work, which is otherwise exempt, does not constitute a substantial improvement, including the repair of substantial damage, of such single- family residences. 3. Each code exemption, as defined in sub-subparagraphs 1a, 1b, and 1c shall be certified to the local board 10 days prior to implementation and shall only be effective in the territorial jurisdiction of the enforcement district or local enforcement agency implementing it. 102.2.6 This section does not apply to swings and other playground equipment accessory to a one- or two-family dwelling. Exception: Electrical service to such playground equipment shall be in accordance with chapter 27 of this code. 102.3 Application of references. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code. 102.4 Referenced codes and standards. The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.4.1 and 102.4.2. 102.4.1 Conflicts. Where conflicts occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply. 1024 9 Table of Contents 102.4.2 Provisions in referenced codes and standards. Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code or the Florida Codes listed in Section 101.4, the provisions of this code or the Florida Codes listed in Section 101.4, as applicable, shall take precedence over the provisions in the referenced code or standard. 102.5 Partial invalidity. In the event that any part or provision of this code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions. 102.6 Existing structures. The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the, Florida Building Code, Existing Building, the Florida Fire Prevention Code, or the City of Boynton Beach Code of Ordinances, Chapter 10, Article IV. 102.6.1 Buildings not previously occupied. A building or portion of a building that has not been previously occupied or used for its intended purpose in accordance with the laws in existence at the time of its completion shall comply with the provisions of the Florida Building Code or Florida Residential Code, as applicable, for new construction or with any current permit for such occupancy. 102.6.2 Buildings previously occupied. The legal occupancy of any building existing on the date of adoption of this code shall be permitted to continue without change, except as otherwise specifically provided in this code, the Florida Fire Prevention Code and the City of Boynton Beach Code of Ordinances, Chapter 10, Article IV, or as is deemed necessary by the Building Official for the general safety and welfare of the occupants and the public. 102.7 Relocation of manufactured buildings. (1) Relocation of an existing manufactured building does not constitute an alteration. (2) A relocated building shall comply with wind speed requirements of the new location, using the appropriate wind speed map. If the existing building was manufactured in compliance with the Standard Building Code (prior to March 1, 2002), the wind speed map of the Standard Building Code shall be applicable. If the existing building was manufactured in compliance with the Florida Building Code (after March 1, 2002), the wind speed map of the Florida Building Code shall be applicable. (3) A relocated building shall comply with the flood hazard area requirements of the new location, if applicable. 102.8 Existing mechanical equipment. An agency or local government may not require that existing mechanical equipment located on or above the surface of a roof be installed in compliance with the requirements of the Florida Building Code except during reroofing when the equipment is being replaced or moved during reroofing and is not in compliance with the provisions of the Florida Building Code relating to roof-mounted mechanical units. 1025 10 Table of Contents PART 2—ADMINISTRATION AND ENFORCEMENT SECTION 103 BUILDING DIVISION 103.1 Creation of enforcement agency. The Building Division is hereby created and the official in charge thereof shall be known as the Building Official. 103.2 Appointment. The Building Official shall be appointed by the chief appointing authority of the jurisdiction. 103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the Building Official shall have the authority to appoint a deputy Building Official, the related technical officers, inspectors, plan examiners and other employees. Such employees shall have powers as delegated by the Building Official. 103.4 Restrictions on employees. (Reserved). SECTION 104 DUTIES AND POWERS OF THE BUILDING OFFICIAL 104.1 General. The Building Official is hereby authorized and directed to enforce the provisions of this code. The Building Official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code. 104.2 Applications and permits. The Building Official shall receive applications, review construction documents and issue permits for the erection, and alteration, demolition and moving of buildings and structures, and service systems, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code. 104.2.1 Determination of substantially improved or substantially damaged existing buildings and structures in flood hazard areas. For applications for reconstruction, rehabilitation, repair, alteration, addition or other improvement of existing buildings or structures located in flood hazard areas, the Building Official shall determine if the proposed work constitutes substantial improvement or repair of substantial damage. Where the Building Official determines that the proposed work constitutes substantial Improvement or repair of substantial damage, and where required by this code, the Building Official shall require the building to meet the requirements of Section 1612 of the Florida Building Code, Building or Section R322 of the Florida Building Code, Residential and Article X. Flood Prevention Requirements. 1026 11 Table of Contents 104.3 Notices and orders. The Building Official shall issue all necessary notices or orders to ensure compliance with this code. 104.4 Inspections. The Building Official shall make all of the required inspections, or the Building Official shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The Building Official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority. 104.5 Identification. The Building Official shall carry proper identification when inspecting structures or premises in the performance of duties under this code. 104.6 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or where the Building Official has reasonable cause to believe that there exists in a structure or upon a premises a condition which is contrary to or in violation of this code which makes the structure or premises unsafe, dangerous or hazardous, the Building Official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code, provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied, the Building Official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the Building Official shall have recourse to the remedies provided by law to secure entry. 104.6.2 When the Building Official obtains a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building, structure, or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the Building Official for the purpose of inspection and examination pursuant to this code. 104.7 Division of records. The Building Official shall keep official records of applications received, Permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the official records for the period required for retention of public records per FS 119. 104.8 Liability. The Building Official, member of the board of appeals or employee charged with the enforcement of this code, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be civilly or criminally rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee or board member because of an act performed by that officer or employee or board member in the lawful discharge of duties and under the provisions of this code shall be defended by legal representative of the jurisdiction until the final termination of the proceedings. The Building Official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this code. 1027 12 Table of Contents 104.8.1 Legal defense. Any suit or criminal complaint instituted against an officer or employee or board member of an act performed by that officer or employee or board member in the lawful discharge of duties and under the provisions of this code shall be defended by legal representatives of the jurisdiction until the final termination of the proceedings. The Building Official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this code. 104.9 Approved materials and equipment. Materials, equipment and devices approved by the Building Official shall be constructed and installed in accordance with such approval. 104.9.1 Used materials and equipment. The use of used materials which meet the requirements of this code for new materials is permitted. Used equipment and devices shall not be reused unless approved by the Building Official. 104.10 Modifications. Wherever there are practical difficulties involved in carrying out the provisions of this code, the Building Official shall have the authority to grant modifications for individual cases, upon application of the owner or owner’s representative, provided the Building Official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, accessibility, life and fire safety, or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the Building Department. 104.10.1 Flood hazard areas. The Building Official shall coordinate with the floodplain administrator to review requests submitted to the Building Official that seek approval to modify the strict application of the flood resistant construction requirements of the Florida Building Code and Article X. Flood Prevention Requirements to determine whether such requests require the granting of a variance pursuant to Section 117. 104.11 Alternative materials, design and methods of construction and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the Building Official finds that the proposed alternative meets all of the following: 1. The alternative material, design, or method of construction is satisfactory and complies with the intent of the provisions of this code, and 2. The material, method, or work offered is, for the purpose intended, not less than the equivalent of that prescribed in this code as it pertains to the following: 2.1 Quality, 2.2 Strength, 2.3 Effectiveness, 2.4 Fire Resistance, 1028 13 Table of Contents 2.5 Durability, 2.6 Safety, and 2.7 Level of Sanitation. Where the alternative material, design, or method of construction is not approved, the Building Official shall respond in writing, stating the reasons why the alternative was not approved. 104.11.1 Research reports. Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from approved sources. 104.11.2 Tests. Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the Building Official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the Building Official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the Building Official for the period required for retention of public records. 104.12 Requirements not covered by this code. Any requirements necessary for strength, stability or proper operation of an existing or proposed building, structure, electrical, gas, mechanical or plumbing system, or for the public safety, health and general welfare, not specifically covered by this or other technical codes, shall be determined by the Building Official. SECTION 105 PERMITS 105.1 Required. Any contractor, owner or owner’s authorized agent in accordance with chapter 489, Florida Statute who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building, tenancy or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any impact-resistant coverings, electrical, gas, mechanical or plumbing, fire protection systems, accessible elements, flood resistant elements, site drainage elements, the installation of which is regulated by this code or Part III, chapter 2, Article IV of the BBFL Code of Ordinances, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit(s). 105.1.1 Annual Facility permit. In lieu of an individual Permit for each Alteration to an Existing electrical, gas, mechanical or plumbing or interior nonstructural office system(s), the Building Official is authorized to issue an annual Permit for any occupancy to facilitate routine or emergency service, repair, refurbishing, minor renovations of service systems or manufacturing equipment installations/relocations. The Building Official shall be notified of major changes and shall retain the right to make inspections at the facility site as deemed necessary. An annual facility permit shall be assessed with an annual fee and shall be valid for one year from date of issuance. A separate permit shall be obtained for each facility and for each construction trade, as applicable. The permit application 1029 14 Table of Contents shall contain a general description of the parameters of work intended to be performed during the year. 105.1.2 Annual Facility permit records. The person to whom an annual permit is issued shall keep a detailed record of Alterations made under such annual permit. The Building Official shall have access to such records at all times or such records shall be filed with the Building Official as designated. The Building Official is authorized to revoke such permit, if code violations are found to exist. 105.1.3 Food permit. In accordance with 500.12, Florida Statutes, a food permit from the Department of Agriculture and Consumer Services is required of any person who operates a food establishment or retail store. 105.1.4 Public swimming pool. The local enforcing agency may not issue a building permit to construct, develop, or modify a public swimming pool without proof of application, whether complete or incomplete, for an operating permit pursuant to Section 514.031, Florida Statutes. A certificate of completion or occupancy may not be issued until such operating permit is issued. The local enforcing agency shall conduct their review of the building permit application upon filing and in accordance with chapter 553, Florida Statutes. The local enforcing agency may confer with the Department of Health, if necessary, but may not delay the building permit application review while awaiting comment from the Department of Health. 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction, to include work in any special flood hazard area. Exemptions granted under this section do not relieve the owner or contractor from their duty to comply with applicable provisions of the Florida Building Code, and requirements of the Local Floodplain Management Ordinance. As Determined by The Building Official, permits shall not be required for the following: Building: 1. Building permits are not required for replacement or repair work having a value of less than $2,000.00, providing, however, that such work will not adversely affect the structural integrity, fire rating, exit access or egress requirements. 2. Cabinets and countertops with no reconfiguration for one- and two-Family Dwellings, painting, papering, carpeting, and similar finish work, with no electrical or plumbing work. 3. Temporary motion picture, television, and theater sets and scenery. 4. Traditional swings and other standard playground equipment accessory to detached one- and two- family dwellings, but they may be subject to Zoning permits. 5. Retractable awnings supported by an exterior wall and do not require additional support of Groups R- 3 and U occupancies, but they may be subject to Zoning permits. 1030 15 Table of Contents 6. In the case of roofing repairs, a permit may not be required for work having a value of less than $500, unless such work effects the structural integrity or secondary water barrier of the roof. 7. Sheds for single family dwelling/lot, having a size less than or equal to 6’X6’ and 6’ in height are exempt from building permits, but they may be subject to Zoning permits. Vinyl and other lightweight product sheds are intended to be removable and are not permanent structures, but they may be subject to Zoning permits. Electrical: Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles or repair and replacement of like for like common household electrical fixtures, switches, and outlets on the load side of the electrical source. Radio and television transmitting stations: The provisions of this code shall not apply to electrical equipment used for radio and television transmissions, but do apply to equipment and wiring for a power supply and the installations of towers and antennas, except as exempted by section 489.503(14), Florida Statutes. Temporary testing systems: A permit shall not be required for the installation of any temporary system required for the testing or servicing of electrical equipment or apparatus. Gas: 1. Portable heating appliance. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Mechanical: 1. Portable heating appliance. 2. Portable ventilation equipment. 3. Portable cooling unit. 4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code. 5. Replacement of any part that does not alter its approval or make it unsafe. 6. Portable evaporative cooler. 1031 16 Table of Contents 7. Portable self-contained refrigeration system containing 10 pounds (5 kg) or less of refrigerant and actuated by motors of 1 horsepower (746 W) or less. 8. The installation, replacement, removal or metering of any electrical load management control device where installed by a utility service provider. Plumbing: 1. The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code. 2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures. 3. The replacement of common household plumbing fixtures to existing supply lines and outlets in one- and two-family dwellings. This does not include water heaters, bathtubs, or showers. 105.2.1 Emergency repairs. Where equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the Building Official. Notification shall be given to the Building Official, including the work address, nature of emergency, and scope of work immediately, or by the next business day. 105.2.2. Minor repairs. Ordinary minor repairs may be made with the approval of the Building Official without a permit, provided the repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load-bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include addition to, addition of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring systems or mechanical equipment or other work affecting public health or general safety, and such repairs shall not violate any of the provisions of the technical codes. 105.2.3 Public service agencies. A permit shall not be required for the installation, alteration or repair of generation, transmission, distribution or metering or other related equipment that is under the ownership and control of public service agencies by established right. 105.3 Application for permit. To obtain a permit, the applicant shall first file an application therefore in writing on a form furnished by the Building Department for that purpose. Permit application forms shall be in the format prescribed by a local administrative board, if applicable, and must comply with the requirements of Section 713.135(5) and (6), Florida Statutes. 1032 17 Table of Contents Each application shall be inscribed with the date of application, and the code in effect as of that date. For a building permit for which an application is submitted prior to the effective date of the Florida Building Code, the state minimum building code in effect in the permitting jurisdiction on the date of the application governs the permitted work for the life of the permit and any extension granted to the permit. Effective October 1, 2017, a local enforcement agency shall post each type of building permit application on its website. Completed applications must be able to be submitted electronically to the appropriate division of building safety. Accepted methods of electronic submission include, but are not limited to, submission of applications through an electronic fill-in form available on the division of building safety’s website or through a third-party submission management software. Payments, attachments, or drawings required as part of the permit application may be submitted in person in a non-electronic format, at the discretion of the Building Official. 105.3.1 Action on application. The Building Official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application or the construction documents do not conform to the requirements of pertinent laws, the Building Official shall reject such application in writing, stating the reasons therefore. If the Building Official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, the Building Official shall issue a permit therefore as soon as practicable. When authorized through contractual agreement with a school board, in acting on applications for permits, the Building Official shall give first priority to any applications for the construction of, or addition or renovation to, any school or educational facility. 105.3.1.1 If a state university, Florida college or public-school district elects to use a local government’s code enforcement offices, fees charged by counties and municipalities for enforcement of the Florida Building Code on buildings, structures, and facilities of state universities, state colleges, and public-school districts shall not be more than the actual labor and administrative costs incurred for plans review and inspections to ensure compliance with the code. 105.3.1.2 No permit may be issued for any building construction, erection, alteration, modification, repair, or addition unless the applicant for such permit provides to the enforcing agency which issues the permit any of the following documents which apply to the construction for which the permit is to be issued and which shall be prepared by or under the direction of an engineer registered under chapter 471, Florida Statutes: 1. Plumbing documents for any new building or addition which requires a plumbing system with more than 250 fixture units or which costs more than $125,000. 2. Fire sprinkler documents for any new building or addition which includes a fire sprinkler system which contains 50 or more sprinkler heads. Personnel as authorized by chapter 633 Florida Statutes, may design a fire sprinkler system of 49 or fewer heads and may design the alteration of an existing fire sprinkler system if the alteration consists of the relocation, addition 1033 18 Table of Contents or deletion of not more than 49 heads, notwithstanding the size of the existing fire sprinkler system. 3. Heating, ventilation, and air-conditioning documents for any new building or addition which requires more than a 15-ton-per-system capacity which is designed to accommodate 100 or more persons or for which the system costs more than $125,000. This paragraph does not include any document for the replacement or repair of an existing system in which the work does not require altering a structural part of the building or for work on a residential one, two, three or four-family structure. An air-conditioning system may be designed by an installing air-conditioning contractor certified under chapter 489, Florida Statutes to serve any building or addition which is designed to accommodate fewer than 100 persons and requires an air-conditioning system with a value of $125,000 or less; and when a 15-ton-per system or less is designed for a singular space of a building and each 15-ton system or less has an independent duct system. Systems not complying with the above require design documents that are to be sealed by a professional engineer. Example 1: When a space has two 10-ton systems with each having an independent duct system, the contractor may design these two systems since each unit (system) is less than 15 tons. Example 2: Consider a small single-story office building which consists of six individual offices where each office has a single three-ton package air conditioning heat pump. The six heat pumps are connected to a single water-cooling tower. The cost of the entire heating, ventilation and air- conditioning work is $47,000 and the office building accommodates fewer than 100 persons. Because the six mechanical units are connected to a common water tower this is considered to be an 18-ton system. NOTE: It was further clarified by the Commission that the limiting criteria of 100 persons and $125,000 apply to the building occupancy load and the cost for the total air-conditioning system of the building. 4. Any specialized mechanical, electrical, or plumbing document for any new building or addition which includes a medical gas, oxygen, steam, vacuum, toxic air filtration, halon, or fire detection and alarm system which costs more than $5,000. Exception: Simplified permitting process for fire alarm system projects. — (1) As used in this section, the term: (a) “Contractor” means a person who is qualified to engage in the business of electrical or alarm system contracting pursuant to a certificate or registration issued by the department under part II of chapter 489, Florida Statutes. (b) “Fire alarm system project” means a fire alarm system alteration of a total of 20 or fewer initiating devices and notification devices, or the installation or replacement of a fire 1034 19 Table of Contents communicator connected to an existing fire alarm control panel in an existing commercial, residential, apartment, cooperative, or condominium building. (2)(a) A local enforcement agency may require a contractor, as a condition of obtaining a permit for a fire alarm system project, to submit a completed application and payment. (b) A local enforcement agency may not require a contractor to submit plans or specifications as a condition of obtaining a permit for a fire alarm system project. (3) A local enforcement agency must issue a permit for a fire alarm system project in person or electronically. (4) A local enforcement agency must require at least one inspection of a fire alarm system project to ensure compliance with applicable codes and standards. If a fire alarm system project fails an inspection, the contractor must take corrective action as necessary to pass inspection. (5) A contractor must keep a copy of the plans and specifications at a fire alarm system project worksite and make such plans and specifications available to the inspector at each inspection. 5. Electrical documents. See section 471.003(2)(h), Florida Statutes section. Any electrical system meeting the following thresholds are required to be designed by a Florida Registered Engineer. Any system which: (a) Requires an electrical system with a value greater than $125,000; and (b) Requires an aggregate service capacity of greater than 600 amperes (240 volts) on a residential electrical system or greater than 800 amperes (240 volts) on a commercial or industrial electrical system or any multi-phase system. Documents requiring an engineer seal by this part shall not be valid unless a professional engineer who possesses a valid certificate of registration has signed, dated, and stamped such document as provided in section 471.025, Florida Statutes. NOTE: It was further clarified by the Commission that the limiting factor of 240 volt or over is required to be designed by an Engineer. 6. All public swimming pools and public bathing places defined by and regulated under chapter 514, Florida Statutes. 105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned becoming null and void 180 days after the date of filing, or for any 6 months (180 days) period of abandonment or suspension during the application process, unless such application has been pursued in good faith or a permit has been issued; except that the Building Official 1035 20 Table of Contents is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing prior to the abandonment date, with justifiable cause demonstrated. Abandoned applications shall be subject to destruction in accordance with state law. The fee for renewal, re-issuance, and extension of a permit application shall be set forth by the administrative authority. There may be fees or requirements from other government agencies for permit application extensions and renewals. 105.3.3 An enforcing authority may not issue a building permit for any building construction, erection, alteration, modification, repair or addition unless the permit either includes on its face or there is attached to the permit the following statement: “NOTICE: In addition to the requirements of this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, such as the requirement for Home or Property Owners Association approval, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies.” 105.3.4 A building permit for a single-family residential dwelling must be issued within 30 working days of application therefore unless unusual circumstances require a longer time for processing the application or unless the permit application fails to satisfy the Florida Building Code or the enforcing agency’s laws or ordinances. 105.3.5 Identification of minimum premium policy. Except as otherwise provided in chapter 440, Florida Statutes, every employer shall, as a condition to receiving a building permit, show proof that it has secured compensation for its employees as provided in sections 440.10 and 440.38, Florida Statutes. 105.3.6 Asbestos removal contractor exemption. Refer to section 105.9 for additional requirements. A licensed asbestos removal contractor is not required when moving, removal or disposal of asbestos- containing materials on a residential building where the owner occupies the building, the building is not for sale or lease, and the work is performed according to the owner-builder limitations provided in this paragraph. To qualify for exemption under this paragraph, an owner must personally appear and sign the building permit application. The permitting agency shall provide the person with a disclosure statement in substantially the following form: Disclosure Statement: State law requires asbestos abatement to be done by licensed contractors. You have applied for a permit under an exemption to that law. The exemption allows you, as the owner of your property, to act as your own asbestos abatement contractor even though you do not have a license. You must supervise the construction yourself. You may move, remove or dispose of asbestos-containing materials on a residential building where you occupy the building and the building is not for sale or lease, or the building is a farm outbuilding on your property. If you sell or lease such building within 1 year after the asbestos abatement is complete, the law will presume that you intended to sell or lease the property at the time the work was done, which is a violation of this exemption. You may not hire an unlicensed person as your contractor. Your work must be done according to all local, state and federal laws and regulations which apply to asbestos abatement projects. It is your responsibility to make sure that people 1036 21 Table of Contents employed by you have licenses required by state law and by county or municipal licensing ordinances. 105.3.7 Applicable Code for Manufactured Buildings. Manufacturers should be permitted to complete all buildings designed and approved prior to the effective date of a new code edition, provided a clear signed contract is in place. The contract shall provide specific data mirroring that required by an application for permit, specifically, without limitation, date of execution, building owner or dealer, and anticipated date of completion. However, the construction activity must commence within 6 months of the contract's execution. The contract is subject to verification by the Department of Business and Professional Regulation. 105.3.8 Public right of way. A permit shall not be issued by the Building Official for the construction, alteration, or relocation of any building, structure, or system impacting any street, alley or public lane, unless the applicant has received a right of way permit from the authority having jurisdiction over the right of way. 105.4 Conditions of the permit. The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of any other federal, state and local laws, ordinances, codes and regulations. permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of any other federal, state and local laws, ordinances, codes and regulations shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the Building Official from requiring the correction of errors in the construction documents and other data. The Building Official is also authorized to prevent occupancy or use of a structure where in violation of this code or of any other ordinances of this jurisdiction or of any other federal, state and local laws, ordinances, codes and regulations. 105.4.1 Permit intent. A permit issued shall be construed to be a license to proceed with the work and not as authority to violate, cancel, alter or set aside any of the provisions of the technical codes, nor shall issuance of a permit prevent the Building Official from thereafter requiring a correction of errors in plans, construction or violations of this code. Every permit issued shall become invalid unless the work authorized by such permit is commenced within six months (180 Days) after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of six months (180 Days) after the time the work is commenced. 105.4.1.1 If work has commenced and the permit is revoked, becomes null and void, or expires because of lack of progress or abandonment, a new permit covering the proposed construction shall be obtained before proceeding with the work. 105.4.1.2 If a new permit, or revalidation (renewal) of the original permit, is not obtained within six months (180 days) from the date the initial permit became null and void, the Building Official is authorized to require that any work which has been commenced or completed be removed from the building site. Alternately, a new permit may be issued on application, providing the work in place and required to complete the structure meets all applicable regulations in effect at the time 1037 22 Table of Contents the initial permit became null and void and any regulations which may have become effective between the date of expiration and the date of issuance of the new permit. 105.4.1.3 Work shall be considered to be in active progress when the permit has received an approved inspection within 180 days. This provision shall not be applicable in case of civil commotion or strike or when the building work is halted due directly to judicial injunction, order or similar process, or due to action by an environmental or archeological agency having jurisdiction. The Building Official is authorized to grant, in writing, one or more extensions of time, for periods not more than 3 months each. The extension shall be requested in writing and justifiable cause demonstrated, prior to expiration. 105.4.1.4 The fee for renewal, reissuance and extension of a permit shall be set forth by the administrative authority. There may be fees or requirements from other government agencies for permit extensions and renewals. 105.5 Expiration. Every permit issued shall become inactive or expired pursuant to section 105.4.1 of this code, and shall be renewed pursuant to section 105.4.1.1 of this code before the work may resume. Permits that remain inactive or expired for more than six months (180 Days) shall lose all rights vested in the permit pursuant to section 105.4.1.2 of this code. In order to complete the work authorized under a permit which has loss all vested rights, the permit holder and property owner shall be responsible to either remove the work from the site or obtain a new permit to complete all work in accordance with the current code requirements and approved permitted plans. Inspections performed and accepted prior to expiration may be accepted subject to the discretion of the Building Official. 105.5.1 Additional options for closing a permit. Pursuant to section 553.79(15), Florida Statutes, a property owner, regardless of whether the property owner is the one listed on the application for the building permit, may close a building permit by complying with the following requirements: 1.) The property owner may retain the original contractor listed on the permit or hire a different contractor appropriately licensed in this state to perform the work necessary to satisfy the conditions of the permit and to obtain any necessary inspection in order to close the permit. If a contractor other than the original contractor listed on the permit is hired by the property owner to close the permit, such contractor is not liable for any defects in the work performed by the original contractor and is only liable for the work that he or she performs. 2.) The property owner may assume the role of an owner-builder, in accordance with sections 489.103(7) and 489.503(6), Florida Statutes. 3.) If a building permit is expired and its requirements have been substantially completed and no life safety issues exist as determined by the local enforcement agency, the permit may be closed without having to obtain a new building permit, and the work required to close the permit may be done pursuant to the building code in effect at the time the local enforcement agency received the application for the permit, unless the contractor has sought and received approval from the local enforcement agency for an alternative material, design or method of construction. 1038 23 Table of Contents 4.) A local enforcement agency may close a building permit 6 years after the issuance of the permit, even in the absence of a final inspection, if the local enforcement agency determines that no apparent safety hazard exists. 105.5.1.1 For purposes of this section, the term “close” means that the requirements of the permit have been satisfied. 105.5.1.2 For the purposes of this subsection, an open permit shall mean a permit that has not satisfied all requirements for completion as listed in section 110. 105.5.2 Responsibility to Close Permits. Closing out or resolving open or expired permits shall be the responsibility of the permit applicant and the property owner. Failure to close out or resolve open permits may result in a referral of the matter to the Florida Department of Business and Professional Regulations, Construction Industry Licensing Board (CILB) or Palm Beach County Construction Industry Licensing Board (CILB), as applicable, and the Boynton Beach Community Standards Division. 105.6 Denial or revocation. Whenever a permit required under this section is denied or revoked because the plan, or the construction, erection, alteration, modification, repair, or demolition of a building, is found by the local enforcing agency to be not in compliance with the Florida Building Code, the local enforcing agency shall identify the specific plan or project features that do not comply with the applicable codes, identify the specific code chapters and sections upon which the finding is based, and provide this information to the permit applicant. If the local building code administrator or inspector finds that the plans are not in compliance with the Florida Building Code, the local building code administrator or inspector shall identify the specific plan features that do not comply with the applicable codes, identify the specific code chapters and sections upon which the finding is based, and provide this information to the local enforcing agency. The local enforcing agency shall provide this information to the permit applicant. 105.6.1 Arm’s Length-Purchaser - Pursuant to section 553.79(16), Florida Statutes, a local enforcement agency may not deny issuance of a building permit to; issue a notice of violation to; or fine, penalize sanction or assess fees against an arm’s-length purchaser of a property for value solely because a building permit applied for by a previous owner of the property was not closed. The local enforcement agency shall maintain all rights and remedies against the property owner and contractor listed on the permit. 105.6.2 Discipline. Pursuant to section 553.79(16), Florida Statutes, a local enforcement agency may not deny issuance of a building permit to a contractor solely because the contractor is listed on other building permits that were not closed. However, the Building Official may elect to refer violations to the appropriate licensing authority for potential discipline. 105.6.3 Misrepresentation of application. The Building Official may revoke a permit or approval, issued under the provisions of this code, when there has been any false statement or misrepresentation as to the material fact in the application or plans on which the permit or approval was based. 1039 24 Table of Contents 105.6.4 Violation of code provisions. The Building Official may require correction or revoke the permit upon determination by the Building Official that the construction, erection, alteration, repair, moving, demolition, installation, or replacement of the building, structure, electrical, gas, mechanical or plumbing systems for which the permit was issued is in violation of, or not in conformity with, the provisions of this code. 105.7 Placement of permit. The building permit or copy shall be kept on the site of the work until the completion of the project. 105.8 Notice of commencement. In accordance with section 713.135, Florida Statutes when any person applies for a building permit, the authority issuing such permit shall print on the face of each permit card in no less than 14-point, capitalized, boldfaced type: “WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT.” 105.9 Asbestos. The enforcing agency shall require each building permit for the demolition or renovation of an existing structure to contain an asbestos notification statement which indicates the owner’s or operator’s responsibility to comply with the provisions of section 469.003, Florida Statutes, and to notify the Department of Environmental Protection of his or her intentions to remove asbestos, when applicable, in accordance with state and federal law. Refer to section 105.3.6 “Asbestos Removal Contractor Exemption” of this code for additional requirements. 105.10 Certificate of protective treatment for prevention of termites. A weather-resistant job-site posting board shall be provided to receive duplicate treatment certificates as each required protective treatment is completed, providing a copy for the person the permit is issued to and another copy for the building permit files. The treatment certificate shall provide the product used, identity of the applicator, time and date of the treatment, site location, area treated, chemical used, percent concentration and number of gallons used, to establish a verifiable record of protective treatment. If the soil chemical barrier method for termite prevention is used, final exterior treatment shall be completed prior to final building approval. For a bait system, see section 1816.1.7 of the Florida Building Code for contract document requirements. 105.11 Notice of termite protection. A permanent sign which identifies the termite treatment provider and need for reinspection and treatment contract renewal shall be provided. The sign shall be posted near the water heater or electric panel. 105.12 Work starting before permit issuance. Upon written request and approval of the Building Official, the scope of work delineated in the building permit application and plan may be started prior to the final approval and issuance of the permit, provided any work completed is entirely at risk of the permit applicant and the work does not proceed past the first required inspection. This provision only applies to 1040 25 Table of Contents the Florida Building Code, all other agency approvals necessary for construction must be secured prior to this provision being applied. 105.13 Phased permit approval. After submittal of the appropriate construction documents, the Building Official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder’s own risk with the building operation and without assurance that a permit for the entire structure will be granted. Corrections may be required to meet the requirements of the technical codes. This provision only applies to the Florida Building Code, all other agency approvals necessary for construction must be secured prior to this provision being applied. 105.14 Permit issued on basis of an affidavit. The Building Official may accept a sworn affidavit from a registered architect or engineer stating that the plans submitted conform to the technical codes. For buildings and structures, the affidavit shall state that the plans conform to the laws as to egress, type of construction and general arrangement and, if accompanied by drawings, show the structural design and that the plans and design conform to the requirements of the technical codes as to strength, stresses, strains, loads and stability. Whenever a permit is issued in reliance upon an affidavit or whenever the work to be covered by a permit involves installation under conditions which, in the opinion of the Building Official, are hazardous or complex, the Building Official shall require that the architect or engineer who signed the affidavit or prepared the drawings or computations shall supervise such work. In addition, they shall be responsible for conformity to the permit, provide copies of inspection reports as inspections are performed, and upon completion make and file with the Building Official written affidavit that the work has been done in conformity to the reviewed plans and with the structural provisions of the technical codes. In the event such architect or engineer is not available, the owner shall employ in his stead a competent person or agency whose qualifications are reviewed by the Building Official. The Building Official shall ensure that any person conducting plans review is qualified as a plans examiner under part XII of chapter 468, Florida Statutes, and that any person conducting inspections is qualified as a building inspector under part III of chapter 468, Florida Statutes. Nothing aforesaid shall preclude plan review or inspections by the Building Official (See also section 107.6). Exception: Permit issued on basis of an affidavit shall not extend to the flood load and flood resistance requirements of the Florida Building Code and the Building Official shall review and inspect those requirements. 105.15 Opening protection. When any activity requiring a building permit that is applied for on or after July 1, 2008, and for which the estimated cost is $50,000 or more for a site built single-family detached residential structure that is located in the wind borne debris region as defined in this Code and that has an insured value of $750,000 or more, or, if the site built single-family detached residential structure is uninsured or for which documentation of insured value is not presented, has a just valuation for the structure for purposes of ad valorem taxation of $750,000 or more; opening protections as required within this Code or Florida Building Code, Residential for new construction shall be provided. 1041 26 Table of Contents Exception: Single family residential structures permitted subject to the Florida Building Code are not required to comply with this section. 105.16 Inspection of existing residential building not impacted by construction. (a) A local enforcing agency, and any local building code administrator, inspector, or other official or entity, may not require as a condition of issuance of a one- or two-family residential building permit the inspection of any portion of a building, structure, or real property that is not directly impacted by the construction, erection, alteration, modification, repair, or demolition of the building, structure, or real property for which the permit is sought. (b) This subsection does not apply to a building permit sought for: 1. A substantial improvement as defined in section 161.54, Florida Statutes, or as defined in the Florida Building Code. 2. A change of occupancy as defined in the Florida Building Code. 3. A conversion from residential to nonresidential or mixed use pursuant to section553.507(2)(a), Florida Statutes, or as defined in the Florida Building Code. 4. A historic building as defined in the Florida Building Code. (c) This subsection does not prohibit a local enforcing agency, or any local building code administrator, inspector, or other official or entity, from: 1. Citing any violation inadvertently observed in plain view during the ordinary course of an inspection conducted in accordance with the prohibition in paragraph (a). 2. Inspecting a physically nonadjacent portion of a building, structure, or real property that is directly impacted by the construction, erection, alteration, modification, repair, or demolition of the building, structure, or real property for which the permit is sought in accordance with the prohibition in paragraph (a). 3. Inspecting any portion of a building, structure, or real property for which the owner or other person having control of the building, structure, or real property has voluntarily consented to the inspection of that portion of the building, structure, or real property in accordance with the prohibition in paragraph (a). 4. Inspecting any portion of a building, structure, or real property pursuant to an inspection warrant issued in accordance with sections 933.20-933.30, Florida Statutes. 105.17 Streamlined low-voltage alarm system installation permitting. (1) As used in this section, the term: (a) “Contractor” means a person who is qualified to engage in the business of electrical or alarm system contracting pursuant to a certificate or registration issued by the department under part II of chapter 489, Florida Statute. 1042 27 Table of Contents (b) “Low-voltage alarm system project” means a project related to the installation, maintenance, inspection, replacement, or service of a new or existing alarm system, as defined in section 489.505, Florida Statutes including video cameras and closed-circuit television systems used to signal or detect a burglary, fire, robbery, or medical emergency, that is hardwired and operating at low voltage, as defined in the National Electrical Code Standard 70, Current Edition, or a new or existing low-voltage electric fence, and ancillary components or equipment attached to such a system or fence, including, but not limited to, home-automation equipment, thermostats, closed-circuit television systems, access controls, battery recharging devices, and video cameras. (c) “Low-voltage electric fence” means an alarm system, as defined in section 489.505, Florida Statutes, that consists of a fence structure and an energizer powered by a commercial storage battery not exceeding 12 volts which produces an electric charge upon contact with the fence structure. (d) “Wireless alarm system” means a burglar alarm system or smoke detector that is not hardwired. (2) Notwithstanding any provision of law, this section applies to all low-voltage alarm system projects for which a permit is required by a local enforcement agency. However, a permit is not required to install, maintain, inspect, replace, or service a wireless alarm system, including any ancillary components or equipment attached to the system. (3) A low-voltage electric fence must meet all of the following requirements to be permitted as a low- voltage alarm system project, and no further permit shall be required for the low-voltage alarm system project other than as provided in this section: (a) The electric charge produced by the fence upon contact must not exceed energizer characteristics set forth in paragraph 22.108 and depicted in Figure 102 of International Electrotechnical Commission Standard No. 60335-2-76, Current Edition. (b) A nonelectric fence or wall must completely enclose the low-voltage electric fence. The low- voltage electric fence may be up to 2 feet higher than the perimeter nonelectric fence or wall. (c) The low-voltage electric fence must be identified using warning signs attached to the fence at intervals of not more than 60 feet. (d) The low-voltage electric fence shall not be installed in an area zoned exclusively for single- family or multi-family residential use. (e) The low-voltage electric fence shall not enclose the portions of a property which are used for residential purposes. 1043 28 Table of Contents (4) This section does not apply to the installation or replacement of a fire alarm if a plan review is required. (5) A local enforcement agency shall make uniform basic permit labels available for purchase by a contractor to be used for the installation or replacement of a new or existing alarm system at a cost as indicated in section 553.793, Florida Statutes. The local enforcement agency may not require the payment of any additional fees, charges, or expenses associated with the installation or replacement of a new or existing alarm system. (a) A local enforcement agency may not require a contractor, as a condition of purchasing a label, to submit any information other than identification information of the licensee and proof of registration or certification as a contractor. (b) A label is valid for 1 year after the date of purchase and may only be used within the jurisdiction of the local enforcement agency that issued the label. A contractor may purchase labels in bulk for one or more unspecified current or future projects. (6) A contractor shall post an unused uniform basic permit label in a conspicuous place on the premises of the low-voltage alarm system project site before commencing work on the project. (7) A contractor is not required to notify the local enforcement agency before commencing work on a low-voltage alarm system project. However, a contractor must submit a Uniform Notice of a Low- Voltage Alarm System Project as provided under subsection (8) to the local enforcement agency within 14 days after completing the project. A local enforcement agency may take disciplinary action against a contractor who fails to timely submit a Uniform Notice of a Low-Voltage Alarm System Project. (8) The Uniform Notice of a Low-Voltage Alarm System Project may be submitted electronically or by facsimile if all submissions are signed by the owner, tenant, contractor, or authorized representative of such persons. The Uniform Notice of a Low-Voltage Alarm System Project shall be in the format prescribed by the local enforcement agency and must comply with the requirements of sections 553.793(7) and (8), Florida Statutes. (9) A local enforcement agency may coordinate directly with the owner or customer to inspect a low- voltage alarm system project to ensure compliance with applicable codes and standards. If a low- voltage alarm system project fails an inspection, the contractor must take corrective action as necessary to pass inspection. (10) A municipality, county, district, or other entity of local government may not adopt or maintain in effect any ordinance or rule regarding a low-voltage alarm system project that is inconsistent with this section. (11) A uniform basic permit label shall not be required for the subsequent maintenance, inspection, or service of an alarm system that was permitted in accordance with this section. 1044 29 Table of Contents The provisions of this act are not intended to impose new or additional licensure requirements on persons licensed in accordance with the applicable provisions of chapter 489, Florida Statutes SECTION 106 FLOOR AND ROOF DESIGN LOADS 106.1 Live loads posted. Where the live loads for which each floor or portion thereof of a commercial or industrial building is or has been designed to exceed 50 psf (2.40 kN/m2), such design live loads shall be conspicuously posted by the owner or the owner’s authorized agent in that part of each story in which they apply, using durable signs. It shall be unlawful to remove or deface such notices 106.2 Issuance of certificate of occupancy. A certificate of occupancy required by section 111 shall not be issued until the floor load signs, required by section 106.1, have been installed. 106.3 Restrictions on loading. It shall be unlawful to place, or cause or permit to be placed, on any floor or roof of a building or, structure, or any portion thereof, a load greater than is permitted by this code. SECTION 107 SUBMITTAL DOCUMENTS 107.1 General. Submittal documents consisting of construction documents, statement of special inspections, geotechnical report and other data shall be submitted in two or more sets with each permit application. The construction documents shall be prepared by a registered design professional where required by chapter 471, Florida Statutes, and Florida Administrative Code Rule 61G15, or chapter 481, Florida Statutes, 61G1 Florida Administrative Code. Where special conditions exist, the Building Official is authorized to require additional construction documents to be prepared by a registered design professional. Electronic media documents shall be submitted when required by the Building Official, in a format acceptable to the Building Official, and may require only one set of submittals. Exception: The Building Official is authorized to waive the submission of construction documents and other data not required to be prepared by a Registered Design Professional if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with this code. If the design professional is an architect, interior designer, or engineer legally registered under the laws of this state regulating the practice of architecture or interior design as provided for in chapter 481, Florida Statutes, Part I, or landscape architecture as provided for in chapter 481, Florida Statutes, Part II, or engineering as provided for in chapter 471, Florida Statutes, then he or she shall affix his or her official seal to said drawings, specifications and accompanying data, as required by Florida Statute. 107.1.1 A local government may not require a contract between a builder and an owner for the issuance of a building permit or as a requirement for the submission of a building permit application. 1045 30 Table of Contents 107.2 Construction documents. Construction documents shall be in accordance with sections 107.2.1 through 107.2.6. 107.2.1 Information on construction documents. Construction documents shall be dimensioned and drawn upon suitable material. Electronic media documents are permitted to be submitted when approved by the Building Official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations, as determined by the Building Official. Such drawings and specifications shall contain information, in the form of notes or otherwise, as to the quality of materials, where quality is essential to conformity with the technical codes. Such information shall be specific, and the technical codes shall not be cited as a whole or in part, nor shall the term "legal" or its equivalent be used as a substitute for specific information. All information, drawings, specifications and accompanying data shall bear the name and signature of the person responsible for the design. 107.2.1.1 For roof assemblies required by the code. The construction documents shall illustrate, describe and delineate the type of roofing system, materials, fastening requirements, flashing requirements and wind resistance rating that are required to be installed. Product evaluation and installation shall indicate compliance with the wind criteria required for the specific site or a statement by an architect or engineer certifying suitability for the specific site must be submitted with the construction documents. 107.2.1.2 Additional data. The Building Official may require details, computations, stress diagrams, and other data necessary to describe the construction or installation and the basis of calculations. All drawings, specifications and accompanying data required by the Building Official to be prepared by an architect or engineer shall be affixed with their official seal, signature and date as state law requires. 107.2.1.3 Quality of building plans. Building plans shall be drawn to a minimum 1/8-inch scale upon substantial paper, cloth or other acceptable medium. The Building Official may establish, through departmental policy, other standards for plans and specifications, including electronic format, in order to provide conformity to its electronic permit review and record retention program. This policy may include such things as minimum size, shape, contrast, clarity, or other items related to records management. Electronic media must be compatible with the archive requirements of Florida Statutes. 107.2.2 Fire protection system shop drawings. Shop drawings for the fire protection systems(s) shall be submitted to indicate conformance to this code and the construction documents and shall be approved prior to the start of system installation. Shop drawings shall contain all information as required by the referenced installation standards in chapter 9, Florida Building Code. 107.2.3 Means of egress. The construction documents shall show in sufficient detail the location, construction, size and character of all portions of the means of egress including the path of the exit 1046 31 Table of Contents discharge to the public way in compliance with the provisions of this code. In other than occupancies in Groups R-2, R-3, and I-1, the construction documents shall designate the number of occupants to be accommodated on every floor, and in all rooms and spaces. 107.2.4 Exterior wall envelope. Construction documents for all buildings shall describe the exterior wall envelope in sufficient detail to determine compliance with this code. The construction documents shall provide details of the exterior wall envelope as required, including flashing, intersections with dissimilar materials, corners, end details, control joints, intersections at roof, eaves or parapets, means of drainage, water-resistive membrane and details around openings. The construction documents shall include manufacturer’s installation instructions that provide supporting documentation that the proposed penetration and opening details described in the construction documents maintain the weather resistance of the exterior wall envelope. The supporting documentation shall fully describe the exterior wall system which was tested, where applicable, as well as the test procedure used. 107.2.5 Exterior balcony and elevated walking surfaces. Where balcony or other elevated walking surfaces are exposed to water from direct or blowing rain, snow or irrigation, and the structural framing is protected by an impervious moisture barrier the construction documents shall include details for all element of the impervious moisture barrier system. The construction documents shall include manufacturer’s installation instructions. (CA7834) 107.2.6 Site plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the proposed finished grades and, as applicable, flood hazard areas, floodways, and design flood elevations; and it shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The site plan shall include accessible parking and accessible routes as required by the FBC Accessibility when applicable. The Building Official is authorized to waive or modify the requirement for a site plan when the application for permit is for alteration or repair or when otherwise warranted. 107.2.6.1 Design flood elevations. Where design flood elevations are not specified, they shall be established in accordance with section 1612.3.1. Design flood elevations shall be uniformly specified utilizing the currently effective NAVD 88. 107.2.6.2 For the purpose of inspection and record retention, site plans for a building may be maintained in the form of an electronic copy at the worksite. These plans must be open to inspection by the Building Official or a duly authorized representative, as required by the Florida Building Code. 107.2.7 Structural information. The construction documents shall provide the information specified in Section 1603. 1047 32 Table of Contents 107.3 Examination of documents. The Building Official shall examine or cause to be examined the accompanying submittal documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this code and other pertinent laws or ordinances. Exceptions: 1. Building plans approved pursuant to section 553.77(5), Florida Statutes, and state approved manufactured buildings are exempt from local codes enforcing agency plan reviews except for provisions of the code relating to erection, assembly or construction at the site. Erection, assembly (including utility crossover connections) and construction at the site are subject to local permitting and inspections. Photocopies of plans approved according to Florida Administrative Code Rule 61- 41.009, shall be sufficient for local permit application documents of record for the modular building portion of the permitted project. 2. Industrial construction on sites where design, construction and fire safety are supervised by appropriately licensed design and inspection professionals and which contain adequate in-house fire departments and rescue squads is exempt, subject to approval by the Building Official, from review of plans and inspections, providing the appropriate licensed design and inspection professionals certify that applicable codes and standards have been met and supply appropriate approved drawings to local building and fire-safety inspectors. 107.3.1 Approval of construction documents. When the Building Official issues a permit, the construction documents shall be approved, in writing or by stamp, as “Reviewed for Code Compliance.” One set of construction documents so reviewed shall be retained by the Building Official. The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the Building Official or a duly authorized representative. 107.3.2 Previous approvals. This code shall not require changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the construction of which has been pursued in good faith within 180 days after the effective date of this code and has not been abandoned. 107.3.3 Phased approval. (See also Section 105.13 of this code.) The Building Official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted, provided that adequate information and detailed statements have been filed complying with pertinent requirements of this code. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder’s own risk with the building operation and without assurance that a permit for the entire structure will be granted. This provision only applies to the Florida Building Code; all other agency approvals necessary for construction must be secured prior to this provision being applied. 107.3.4 Design professional in responsible charge. Where it is required that documents be prepared by a registered design professional, the Building Official shall be authorized to require the owner or the 1048 33 Table of Contents owner’s authorized agent to engage and designate on the building permit application a registered design professional, who shall act as the registered design professional, in reasonable charge. If the circumstances require, the owner or the owner’s authorized agent shall designate a successor registered design professional in responsible charge who shall perform the duties required of the original registered design professional in responsible charge. The Building Official shall be notified in writing by the owner or the owner’s authorized agent if the registered design professional in responsible charge is changed or is unable to continue to perform the duties. The successor registered design professional in responsible charge licensed under chapter 471, Florida Statutes, shall comply with section 471.025(4), Florida Statute, and the procedures set forth in Florida Administrative Code Rule 61G15-27.001; or licensed under chapter 481, Florida Statutes, shall comply with section 481.221(6), Florida Statutes, and the procedure set forth in Florida Administrative Code Rule 61G1- 18.002. The registered design professional in responsible charge shall be responsible for reviewing and coordinating submittal documents prepared by others, including phased and deferred submittal items, for compatibility with the design of the building. Those products which are regulated by Florida Administrative Code Rule 61G20 shall be reviewed and approved in writing by the designer of record prior to submittal for jurisdictional approval. 107.3.4.1 Deferred submittals. For the purposes of this section, deferred submittals are defined as those portions of the design that are not submitted at the time of the application and that are to be submitted to the Building Official. Deferral of any submittal items shall have the prior approval of the Building Official. The registered design professional in responsible charge shall list the deferred submittals on the construction documents for review by the Building Official. Documents for deferred submittal items shall be submitted to the registered design professional in responsible charge who shall review them and forward them to the Building Official with a notation indicating that the deferred submittal documents have been reviewed and found to be in general conformance to the design of the building. The deferred submittal items shall not be installed until the deferred submittal documents have been approved by the Building Official. 107.3.4.2 Certifications by contractors authorized under the provisions of section 489.115(4)(b), Florida Statutes, shall be considered equivalent to sealed plans and specifications by a person licensed under chapter 471, Florida Statutes, or chapter 481 Florida Statutes, by local enforcement agencies for plans review for permitting purposes relating to compliance with the wind-resistance provisions of the code or alternate methodologies approved by the Florida Building Commission for one- and two-family dwellings. Local enforcement agencies may rely upon such certification by contractors that the plans and specifications submitted conform to the requirements of the code for wind resistance. Upon good cause shown, local government code enforcement agencies may accept or reject plans sealed by persons licensed under chapters 471, 481 or 489, Florida Statutes. 1049 34 Table of Contents 107.3.5 Minimum plan review criteria for buildings. The examination of the documents by the Building Official shall include the following minimum criteria and documents: a floor plan; site plan; foundation plan; floor/roof framing plan or truss layout; all fenestration and building envelope penetrations; flashing; and rough opening dimensions; and all exterior elevations: Commercial Buildings: Building 1. Site requirements: Parking Fire access Vehicle loading Driving/turning radius Fire hydrant/water supply/post indicator valve (PIV) Set back/separation (assumed property lines) Location of specific tanks, water lines and sewer lines Flood hazard areas, flood zones, and design flood elevations 2. Occupancy group and special occupancy requirements shall be determined (with cross check with the energy code submittal). 3. Minimum type of construction shall be determined (see Table 503). 4. Fire-resistant construction requirements shall include the following components: Fire-resistant separations Fire-resistant protection for type of construction Protection of openings and penetrations of rated walls Fire blocking and draftstopping and calculated fire resistance 5. Fire suppression systems shall include: Early warning smoke evacuation systems Schematic fire sprinklers Standpipes Pre-engineered systems Riser diagram 6. Life safety systems shall be determined and shall include the following requirements: Occupant load and egress capacities Early warning Smoke control Stair pressurization Systems schematic Safeguards during construction, as applicable 1050 35 Table of Contents 7. Occupancy load/egress requirements shall include: Occupancy load Gross Net Means of egress Exit access Exit Exit discharge Stairs construction/geometry and protection Doors Emergency lighting and exit signs Specific occupancy requirements Construction requirements Horizontal exits/exit passageways 8. Structural requirements shall include: Soil conditions/analysis Termite protection Design loads Wind requirements Building envelope (including section 107.2.4 of this code) Impact resistant coverings or systems Structural calculations (if requested) Foundation Flood requirements in accordance with section 1612, including lowest floor elevations, enclosures, flood damage-resistant materials Wall systems Floor systems Roof systems Threshold inspection plan Stair systems 9. Materials shall be reviewed and shall at a minimum include the following: Wood Steel Aluminum Concrete Plastic Glass Masonry Gypsum board and plaster Insulating (mechanical) Roofing 1051 36 Table of Contents Deck coatings Insulation Building envelope portions of the Energy Code (including calculation and mandatory requirements) 10. Accessibility requirements shall include the following: Site requirements Accessible route Vertical accessibility Toilet and bathing facilities Drinking fountains Equipment Special occupancy requirements Fair housing requirements 11. Interior requirements shall include the following: Interior finishes (flame spread/smoke development) Light and ventilation (including corresponding portion of the energy code) Sanitation 12. Special systems: Elevators Escalators Lifts 13. Energy Code submittal 14. Swimming pools: Barrier requirements Spas Wading pools 15. Location and installation details. The specific location and installation details of each fire door, fire damper, ceiling damper and smoke damper shall be shown and properly identified on the building plans by the designer. Electrical 1. Electrical: Wiring Services Feeders and branch circuits Overcurrent protection Grounding 1052 37 Table of Contents Wiring methods and materials GFCIs Electrical portions of the Energy Code (including calculation and mandatory requirements) 2. Equipment 3. Special occupancies 4. Emergency systems 5. Communication systems 6. Low voltage 7. Load calculations 8. Design flood elevation Plumbing 1. Minimum plumbing facilities 2. Fixture requirements 3. Water supply piping 4. Sanitary drainage 5. Water heaters 6. Vents 7. Roof drainage 8. Back flow prevention 9. Irrigation 10. Location of water supply line 11. Grease traps 12. Environmental requirements 1053 38 Table of Contents 13. Plumbing riser 14. Design flood elevation 15. Water/plumbing portions of the Energy Code (including calculation and mandatory requirements) Mechanical 1. Mechanical portions of the Energy calculations 2. Exhaust systems: Clothes dryer exhaust Kitchen equipment exhaust Specialty exhaust systems 3. Equipment 4. Equipment location 5. Make-up air 6. Roof-mounted equipment 7. Duct systems 8. Ventilation 9. Combustion air 10. Chimneys, fireplaces and vents 11. Appliances 12. Boilers 13. Refrigeration 14. Bathroom ventilation 15. Laboratory 16. Design flood elevation 1054 39 Table of Contents 17. Smoke and/or Fire Dampers Gas 1. Gas piping 2. Venting 3. Combustion air 4. Chimneys and vents 5. Appliances 6. Type of gas 7. Fireplaces 8. LP tank location 9. Riser diagram/shutoffs 10. Design flood elevation 11. Gas portions of the Energy Code (including calculation and mandatory requirements) Demolition 1. Asbestos removal Residential (one- and two-family): 1. Site requirements: Set back/separation (assumed property lines) Location of septic tanks 2. Fire-resistant construction (if required) 3. Fire 4. Smoke and/or carbon monoxide alarm detector locations 5. Egress: Egress window size and location stairs construction requirements 6. Structural requirements shall include: 1055 40 Table of Contents Wall section from foundation through roof, including assembly and materials, connector tables, wind requirements, and structural calculations (if required) Termite protection Design loads Wind requirements Building envelope Structural calculations (if requested) Foundation Wall systems Floor systems Roof Systems 7. Flood hazard areas, flood zones, design flood elevations, lowest floor elevations, enclosures, equipment, and flood damage-resistant materials 8. Accessibility requirements: show/identify accessible bath 9. Impact resistant coverings or systems 10. Residential Energy Code submittal (including calculation and mandatory requirements) 11. Electrical: Electric service riser with wire sizes, conduit detail and grounding detail Complete load calculations, Panel schedules 12. Mechanical: Equipment and location, Duct systems 13. Plumbing: Plumbing riser 14. Gas: Gas piping Venting Combustion air Chimneys and vents 1056 41 Table of Contents Appliances Type of gas Fireplaces LP tank location Riser diagram/shutoffs 15. Swimming Pools Barrier requirements Spas Wading pools Manufactured buildings/housing - 1. Site requirements Setback/separation (assumed property lines) Location of septic tanks (if applicable) 2. Structural Wind zone Anchoring Blocking 3. Plumbing List potable water source and meter size (if applicable) 4. Mechanical Exhaust systems Clothes dryer exhaust Kitchen equipment exhaust 5. Electrical exterior disconnect location Exemptions. Plans examination by the Building Official shall not be required for the following work: 1. Replacing existing equipment such as mechanical units, water heaters, etc.; 2. Reroofs (as determined by Building Official); 3. Minor electrical, plumbing and mechanical repairs; 1057 42 Table of Contents 4. Annual maintenance permits; 5. Prototype plans: Except for local site adaptions, siding, foundations and/or modifications. Except for structures that require waiver; or 6. Manufactured buildings plan except for foundations and modifications of buildings on site and as listed above in manufactured buildings/housing. 107.4 Amended construction documents. Work shall be installed in accordance with the approved construction documents, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents. 107.5 Retention of construction documents. One set of approved construction documents shall be retained by the Building Official for a period of not less than 180 days from date of completion of the permitted work, or as required by state or local laws. 107.6 Affidavits. The Building Official may accept a sworn affidavit from a registered architect or engineer stating that the plans submitted conform to the technical codes. For buildings and structures, the affidavit shall state that the plans conform to the laws as to egress, type of construction and general arrangement and, if accompanied by drawings, show the structural design and that the plans and design conform to the requirements of the technical codes as to strength, stresses, strains, loads and stability. The Building Official may without any examination or inspection accept such affidavit, provided the architect or engineer who made such affidavit agrees to submit to the Building Official copies of inspection reports as inspections are performed and upon completion of the structure, electrical, gas, mechanical or plumbing systems a certification that the structure, electrical, gas, mechanical or plumbing system has been erected in accordance with the requirements of the technical codes. Where the Building Official relies upon such affidavit, the architect or engineer shall assume full responsibility for compliance with all provisions of the technical codes and other pertinent laws or ordinances. The Building Official shall ensure that any person conducting plans review is qualified as a plans examiner under Part XII of chapter 468, and that any person conducting inspections is qualified as a building inspector under part XII of chapter 468, Florida Statutes. Nothing shall preclude plan review or inspections by the Building Official (See also section 105.14). On applications in which private provider services are utilized, all time frames shall adhere to time frames as indicated in section 553.791 (7), Florida Statutes. 107.6.1 Building permits issued on the basis of an affidavit in special flood hazard areas. Pursuant to the requirements of federal regulation for participation in the National Flood Insurance Program (44 C.F.R. Part 59 and 60), the authority granted to the Building Official to issue permits, to rely on inspections, and to accept plans and construction documents on the basis of affidavits and plans submitted pursuant to sections 105.14 and 107.6, shall not extend to the flood load and flood resistance construction requirements of the Florida Building Code. 107.6.2 Affidavits Provided Pursuant to Section 553.791, Florida Statutes. For a building or structure in a flood hazard area, the Building Official shall review any affidavit certifying compliance with the flood load and flood-resistant construction requirements of the Florida Building Code. 1058 43 Table of Contents SECTION 108 TEMPORARY STRUCTURES AND USES 108.1 General. The Building Official is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days. The Building Official is authorized to grant extensions for demonstrated cause. 108.2 Conformance. Temporary structures and uses shall comply with the requirements in section 3103. 108.3 Temporary power. The Building Official is authorized to give permission to temporarily supply and use power in part of an electric installation before such installation has been fully completed and the final certificate of completion has been issued. The part covered by the temporary certificate shall comply with the requirements specified for temporary lighting, heat or power in NFPA 70. 108.4 Termination of approval. The Building Official is authorized to terminate such permit for a temporary structure or use and to order the temporary structure to be removed and the use to be discontinued. SECTION 109 FEES 109.1 Payment of fees. A permit shall not be valid until the fees prescribed by law have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid. 109.1.1 Other fees. A permit shall not be issued until all other fees associated with said permit are paid. Other fees may include additional fees, penalty fees, water and sewer capital facility fees, City Park & Recreation fees, Fire Division fees, City Green Building Fee, Palm Beach County Impact fees and State of Florida fees. Water and sewer facility fees are established in chapter 26 of the City of Boynton Beach Code of Ordinances. The Fire Division fees are established in chapter 9 of the City of Boynton Beach Code of Ordinances. The City Green Building fee is established in the City of Boynton Beach Code Land Development Regulations Chapter 2, Article 1, Section 5. The city may elect to collect Palm Beach County Impact fees that include fees for Roads, Public Buildings, Schools and Parks. The city collects State of Florida surcharge fees for the Radon Trust Fund (Radon) and Building Code Administrators and Inspectors Fund (BCAIF). When applicable, the administrative portion of the Art in Public Places fee (30% of the total Art fee) is due prior to permit issuance. 109.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as established by the applicable governing authority. 109.2.1 Types of Fees Enumerated. Fees may be charged for but not limited to the following: 1059 44 Table of Contents • Permits; • Plans examination; • Certificates of competency (including fees for applications, examinations, renewal, late renewal, and reciprocity); • Re-inspections; • Administrative fees (including fees for investigative and legal costs incurred in the context of certain disciplinary cases heard by the board); • Variance requests; • Administrative appeals; • Violations; and • Other fees as established by local resolution or ordinance. 109.3 Building permit valuations. For permitting purposes, the applicant for a permit shall provide an estimated permit value at time of application. Permit valuations shall include total value of work or total replacement value of work, including materials and labor for which the permit is being issued, such as structural, electric, plumbing, mechanical, interior finish, relative site work, architectural and design fees, overhead and profit; excluding only land value. If, in the opinion of the Building Official, the valuation is underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to meet the approval. Valuation references may include the latest published data of national construction cost analysis services, such as, Marshall-Swift, Means, etc., as published by International Code Congress. Final building permit valuation shall be set by the Building Official. 109.3.1 Exemptions. Manufacturing Equipment: For the purposes of calculating permit fees the cost of equipment used in the process of manufacturing a product shall be exempt from paying permit fees for any portion of the cost greater than $10,000 dollars if the following criteria are met: 1. Equipment must have a replacement cost and/or purchase cost greater than $10,000 dollars per each piece of equipment to be exempted. 2. Equipment must be purchased directly by the owner. 3. Equipment cannot not be an integral part of the building, building envelope, building system, and/or essential to the operation of the building. 4. The nature of equipment shall be that if a business was to cease to exist or relocate the equipment would be easily removed from the building. Note: All, electric, piping, mounting, structural connections, attachment of auxiliary equipment necessary to operate the manufacturing equipment will be included in permit valuation and subject to permit fees. 1060 45 Table of Contents 109.4 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permit(s) or without prior approval from the Building Official as permitted in sections 105.2.2 or 105.12 shall be subject to a fee established by the Building Official that shall be in addition to the required permit fees or as provided by local ordinance. This provision shall not apply to emergency work when delay would clearly have placed life or property in imminent danger. But in all such cases the required permit(s) must be applied for within one (1) business day and any unreasonable delay in obtaining those permit(s) shall result in the charge of a quadruple fee. The payment of a quadruple fee shall not preclude or be deemed a substitute for prosecution for commencing work without first obtaining a permit. The Building Official may grant extensions of time or waive fees when justifiable cause has been demonstrated in writing to two times the fee. 109.5 Related fees. The payment of the fee for the construction, alteration, removal or demolition for work done in connection to or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law. 109.6 Refunds. The Building Official is authorized to establish and publish a refund policy through local ordinance or resolution. SECTION 110 INSPECTIONS 110.1 General. Construction or work for which a permit is required shall be subject to inspection by the Building Official and such construction or work shall remain exposed and provided with access for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the owner or the owner’s authorized agent to cause the work to remain exposed and provided with access for inspection purposes. The Building Official shall be permitted to require a boundary line survey prepared by a qualified surveyor whenever the boundary lines cannot be readily determined in the field. Neither the Building Official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. 110.1.1 Manufacturers and fabricators. When deemed necessary by the Building Official, he/she shall make, or cause to be made, an inspection of materials or assemblies at the point of manufacture or fabrication. A record shall be made of every such examination and inspection and of all violations of the technical codes. 110.1.2 Inspection service. The Building Official may make, or cause to be made, the inspections required by Section 110. He or she may accept reports of division inspectors, independent inspectors or of recognized inspection services, provided that after investigation he/she is satisfied as to their 1061 46 Table of Contents licensure, qualifications and reliability. A certificate required by any provision of this code shall not be based on such reports unless the same are recorded by the building code inspector or the architect or engineer performing building code inspections in a manner specified by the Building Official. The Building Official shall ensure that all persons making such inspections shall be certified in accordance to chapter 468 Florida Statues; or licensed under chapter 471 or 481, Florida Statutes. The Building Official may require the owner to employ an inspection service in the following instances: 1. For buildings or additions of Type I construction; 2. For all major structural alterations; 3. Where the concrete design is based on compressive strength in excess of 3000 pounds per square inch; 4. For pile driving; 5. For buildings with an area greater than 20,000 square feet; 6. For buildings more than two stories in height; or 7. For buildings and structures of unusual design or methods of construction. Such inspectors shall be present when work is underway on the structural elements of the building to adequately attest to its compliance. Such inspectors shall be a registered architect, or engineer. An employee of the architect or engineer licensed under chapter 468, part XII, Florida Statutes may perform the inspections, under the direction of and with final certification from the architect or engineer. Such inspectors shall submit weekly progress reports including the daily inspections to the Building Official, and including a code compliance opinion of the resident inspector. At the completion of the construction work or project, the architect or engineer shall submit a certificate of compliance to the Building Official, stating that the work was done in compliance with this code and in accordance with the permitted drawing. Final inspection shall be made by the Building Official before a Certificate of Occupancy or Certificate of Completion is issued; and confirmation inspections may be made at any time to monitor activities and resident inspectors. 110.1.3 Affidavit for inspection. With specific prior approval of, and in a format acceptable to the Building Official, an affidavit for certification of inspection may be accepted from the permit qualifier; when accompanied by extensive photographic evidence of sufficient detail to demonstrate code compliance. The photographic evidence shall be comprehensive in the display of the installation and/or construction and job location identifiers. The affidavit and accompanying photographs shall be provided to the inspector onsite, at the next scheduled inspection. If the photographs are found to be insufficient by the Building Official to demonstrate compliance with this code and/or the permitted document, or clearly display location identifiers, or are missing, the inspector shall require the 1062 47 Table of Contents contractor to obtain the services of a registered Florida Professional Engineer to inspect and certify the installation and/or construction. 110.1.3.1 Exception: Affidavits may not be accepted for inspection of elements of construction which require inspection by the local jurisdiction under the requirements of 44CFR59 and 44CFR60 and the local flood damage prevention ordinance. 110.1.4 No inspection shall be made until sanitary facilities have been provided, as required in section 311.1 of the Florida Building Code Plumbing. 110.2 Preliminary inspection. Before issuing a permit, the Building Official is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed. 110.3 Required inspections. The Building Official upon notification from the permit holder or his or her agent shall make the following inspections, and such other inspections as deemed necessary and shall either release that portion of the construction or shall notify the permit holder or his or her agent of any violations which must be corrected in order to comply with the technical codes. The Building Official shall determine the timing and sequencing of when inspections occur and what elements are inspected at each inspection. A. Building 1. Foundation inspection. To be made after trenches are excavated, forms erected, and required reinforcing steel is in place. The Foundation inspection shall at a minimum include the following building components: • Stem-wall • Monolithic slab-on-grade • Piling and pile caps • Footings/grade beams 1.1. Slab Inspection: Concrete slab and under-floor inspections shall be made after in-slab or under-floor reinforcing steel and building service equipment, conduit, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor. A foundation/Form board survey prepared and certified by a registered surveyor may be required, prior to approval of the slab inspection. The survey shall certify placement of the building on the site, illustrate all surrounding setback dimensions and shall be available at the job site for review by the building inspector. 1063 48 Table of Contents 1.2. In flood hazard areas, upon placement of the lowest floor, including basement, and prior to further vertical construction, the elevation certification shall be submitted to the Building Official as per Chapter 4, Article X, Flood Prevention Requirements of the LDR. Any locations outside of the flood hazard area the contractor shall meet the minimum requirements for Habitable Finish Floor above the crown of the road per Chapter 4, Article X, Flood Prevention Requirements of the LDR. 2. Construction Inspections 2.1 Lintel/tie beams/columns/masonry units. To be made after masonry units, forms, reinforcing steel, shoring, conduit, piping accessories, and other ancillary equipment items are in place, but before any concrete is placed. 2.2 Sheathing inspection. To be made either as part of a dry-in inspection or done separately at the request of the contractor after all roof and wall sheathing and fasteners are complete and shall at a minimum include the following building components: • Roof sheathing • Wall sheathing • Floor sheathing • Sheathing fasteners • Roof/wall dry-in. • Gypsum board, as required • Sheathing/cladding inspection NOTE: Sheathing fasteners installed and found to be missing the structural member (shiners) shall be removed and corrected prior to installation of the dry-in material. Exception: ring shank nails shall be bent over and a new fastener installed. 2.3 Roofing inspection. Shall at a minimum include the following building components: • Dry-in • Insulation • Roof coverings (including in-progress) • Flashing • Sheathing 2.4 Re-Roof sheathing inspection. An affidavit with a notarized signature of a state or locally licensed roofing contractor for the installation of additional sheathing 1064 49 Table of Contents fasteners as required by the Existing Building Code may be accepted at the discretion of the Building Official. 2.3 Framing inspection. To be made after the roof deck or sheathing, all framing, fire blocking and bracing is in place, all concealed wiring, all pipes, chimneys, ducts and vents are complete and shall at a minimum include the following building components: • Window/door framing and installation. • Vertical cells/columns complete, if applicable • Lintel/tie beams complete, if applicable. • Framing/trusses/bracing/connectors (including truss layout drawings) • Draft stopping/fire blocking • Curtain wall framing • Fire resistant assemblies, joints and penetrations, as required • Accessibility. 3. Exterior wall coverings. Shall at a minimum include the following building components in progress inspections: • Exterior wall coverings and veneers • Soffit coverings 4. Insulation Inspection. To be made after the framing inspection is approved and the insulation is in place, according to approved energy calculation submittal. Includes wall and ceiling insulation, thermal and ignition barriers. 5. Lath/Drywall. Lath and gypsum board inspections shall be made after lathing and gypsum board, interior and exterior, is in place, but before any plastering is applied or gypsum board joints and fasteners are taped and finished. Exception: Gypsum board that is not part of a fire resistance rated assembly or a shear assembly, unless otherwise determined by the Building Official. 6. Final inspection. To be made after the building, including all sub-trade inspections, are completed and ready for occupancy. 6.1. Elevation Certificate. As part of the final inspection, an elevation certificate shall be submitted to the authority having jurisdiction. 6.2. A final survey prepared and certified by a registered surveyor may be required at time of final inspection, when applicable. 7. Swimming pool inspection. 1065 50 Table of Contents • First inspection to be made after excavation and installation of reinforcing steel, bonding and main drain and prior to placing of concrete shell. • Underground electric inspection • Underground piping inspection, including a pressure test • Deck inspection: to be made prior to installation of the deck material (with forms, deck drains, and any reinforcement in placed. • Final pool piping. • Final electric inspection to be made prior to filling the swimming pool with water. • Final permanent barrier inspection to be made prior to filling the swimming pool with water. • Final inspection to be made when the swimming pool is complete and all required enclosure requirements are in place. • In order to pass final inspection and receive a certificate of completion, a residential swimming pool must meet the requirements relating to pool safety features as described in section 454.2.17 of this code. 8. Demolition inspections. • First inspection to be made after all utility connections have been disconnected and secured in such manner that no unsafe or unsanitary conditions shall exist during or after demolition operations. • Final inspection to be made after all demolition work is completed. 9. Manufactured building inspections. The division of building safety shall inspect construction of foundations; connecting buildings to foundations; installation of parts identified on plans as site installed items, joining the modules, including utility crossovers; utility connections from the building to utility lines on site; and any other work done on site which requires compliance with the Florida Building Code. Additional inspections may be required for public educational facilities (see section 423.27.20 of this code). 10. Where impact-resistant coverings or impact resistant systems are installed, the Building Official shall schedule adequate inspections of impact-resistant coverings or impact resistant systems to determine the following: • The system indicated on the plans was installed. • The system is installed in accordance with the manufacturer’s installation instructions and the product approval. B. Electrical 1. Underground inspection. To be made after trenches or ditches are excavated, conduit or cable installed, and before any backfill is put in place. 2. Rough-in inspection. To be made after the roof, framing, fire blocking and bracing is in place and prior to the installation of wall or ceiling membranes. 1066 51 Table of Contents 3. Low Voltage: To be made for security, alarm, elevator, and special uses. 4. Final inspection. To be made after the building electrical system is complete, all required electrical fixtures are in place and properly connected or protected, and the structure is ready for occupancy. 5. Existing Swimming Pools. To be made after all repairs or alterations are complete, all required electrical equipment, GFCI protection, and equipotential bonding are in place on said alterations or repairs. C. Plumbing 1. Underground inspection. To be made after trenches or ditches are excavated, piping installed, and before any backfill is put in place. 2. Rough-in inspection. To be made after the roof, framing, fire blocking and bracing is in place and all soil, waste and vent piping is complete, and prior to this installation of wall or ceiling membranes. Includes plumbing provisions of the energy code and approved calculations provisions. 3. Final inspection. To be made after the building plumbing system is complete, all plumbing fixtures are in place and properly connected, and the structure is ready for occupancy. Note: See section 312 of the Florida Building Code, Plumbing, for required tests. D. Mechanical 1. Underground inspection. To be made after trenches or ditches are excavated, underground duct and fuel piping installed, and before any backfill is put in place. 2. Rough-in inspection. To be made after the roof, framing, fire blocking and bracing are in place and all ducting, and other concealed components are complete, and prior to the installation of wall or ceiling membranes. Includes mechanical provisions of the energy code and approved calculations provisions. 3. Final inspection. To be made after the building mechanical system is complete, the mechanical system is in place and properly connected, and the structure is ready for occupancy. E. Gas 1067 52 Table of Contents 1. Rough piping inspection. To be made after all new piping authorized by the permit has been installed, and before any such piping has been covered or concealed or any fixtures or gas appliances have been connected. Includes gas provisions of the energy code and approved calculations provisions. 2. Final piping inspection. To be made after all piping authorized by the permit has been installed and after all portions which are to be concealed by plastering or otherwise have been so concealed, and before any fixtures or gas appliances have been connected. This inspection shall include a pressure test. 3. Final inspection. To be made on all new gas work authorized by the permit and such portions of existing systems as may be affected by new work or any changes, to ensure compliance with all the requirements of this code and to assure that the installation and construction of the gas system is in accordance with reviewed plans. F. Site Maintenance 1. The contractor and/or owner of any active or inactive construction project shall be responsible for the clean-up and removal of all construction debris or any other miscellaneous discarded articles during the course of the construction project and prior to receiving final inspection approval. Construction job sites must be kept clean and maintained in a safe condition at all times as not to become a safety hazard to workers or city staff. 2. All debris shall be kept in a secure manner as to prevent it from being spread to adjacent properties or the public right of way by any means. 110.3.1 Footing and foundation inspection. Footing and foundation inspections shall be made after excavations for footings are complete and any required reinforcing steel is in place. For concrete foundations, any required forms shall be in place prior to inspection. Materials for the foundation shall be on the job, except where concrete is ready mixed in accordance with ASTM C 94, the concrete need not be on the job. 110.3.2 Concrete slab and under-floor inspection. Concrete slab and under-floor inspections shall be made after in-slab or under-floor reinforcing steel and building service equipment, conduit, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor. 110.3.3 Lowest floor elevation. In flood hazard areas, upon placement of the lowest floor, including the basement, and prior to further vertical construction, the elevation certification shall be submitted to the Building Official. 1068 53 Table of Contents 110.3.4 Frame inspection. Framing inspections shall be made after the roof deck or sheathing, all framing, fire blocking and bracing are in place and pipes, chimneys and vents to be concealed are complete and the rough electrical, plumbing, heating wires, pipes and ducts are approved. 110.3.5 Lath, gypsum board and gypsum panel product inspection. Lath, gypsum board and gypsum panel product inspections shall be made after lathing, gypsum board and gypsum panel products, interior and exterior, are in place, but before any plastering is applied or gypsum board and gypsum panel product joints and fasteners are taped and finished. Exception: Gypsum board and gypsum panel products that are not part of a fire-resistance-rated assembly or a shear assembly. 110.3.6 Weather-exposed balcony and walking surface waterproofing. Where balcony or other elevated walking surfaces are exposed to water from direct or blowing rain, snow or irrigation, and the structural framing is protected by an impervious moisture barrier, all elements of the impervious- moisture-barrier system shall not be concealed until inspected and approved. 110.3.7 Fire- and smoke-resistant penetrations. Protection of joints and penetrations in fire-resistance rated assemblies, smoke barriers and smoke partition shall not be concealed from view until inspected and approved. 110.3.8 Energy efficiency inspections. Inspections shall be made to determine compliance with Florida Building Code, Energy Conservation and confirm with the approved energy code submittal (by appropriate trade) and corresponding mandatory requirements and shall include, but not be limited to, inspections for: corresponding envelope insulation R- and U-values, fenestration U-value and Solar Heat Gain Coefficient, duct system R-value, and HVAC, lighting, electrical and water-heating equipment efficiency. 110.3.9 Other inspections. In addition to the inspections specified in sections 110.3 through 110.3.7, the Building Official is authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of this code and other laws that are enforced by the division of building safety. 110.3.10 Special inspections. Reserved. 110.3.11 Inspections prior to issuance of Certificate of Occupancy or Completion. The Building Official shall inspect or cause to be inspected, at various intervals, all construction or work for which a permit is required, and a final inspection shall be made of every building, structure, electrical, gas, mechanical or plumbing system upon completion, prior to the issuance of the Certificate of Occupancy or Certificate of Completion. In performing inspections, the Building Official or designee shall give first priority to inspections of the construction, addition, or renovation to, any facilities owned or controlled by a state university, state community college or public-school district. 1069 54 Table of Contents 110.3.12 Final inspection. The final inspection shall be made after all work required by the building permit(s) is completed. 110.3.12.1 Flood hazard documentation. If located in a flood hazard area, shall be submitted to the Building Official prior to the final inspection. 110.3.12.2 Energy Code documentation. If required by energy code path submittal, confirmation that commissioning result requirements have been received by building owner. 110.3.13 Termites. Building components and building surroundings required to be protected from termite damage in accordance with section 1503.7, or section 2304.13 2304.12, or section 2304.11.6, specifically required to be inspected for termites in accordance with section 2114, or required to have chemical soil treatment in accordance with section 1816 shall not be covered or concealed until the release from the Building Official has been received. 110.3.14 Impact resistant coverings or systems. Where impact resistant coverings or systems are installed to meet requirements of this code, the Building Official shall schedule adequate inspections of impact resistant coverings or systems to determine the following: 1. The system indicated on the plans was installed. 2. The system is installed in accordance with the manufacturer’s installation instructions and the product approval. 110.4 Inspection agencies. The Building Official is authorized to accept reports of approved inspection agencies, provided such agencies satisfy the requirements as to qualifications and reliability. 110.5 Inspection requests. It shall be the duty of the holder of the building permit or their duly authorized agent to notify the Building Official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by this code. 110.6 Approval required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the Building Official. The Building Official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the Building Official. 110.7 Shoring. For threshold buildings, shoring and associated formwork or falsework shall be designed and inspected by a Florida licensed professional engineer, prior to any required mandatory inspections by the threshold building inspector. 110.8 Threshold building. 1070 55 Table of Contents 110.8.1 During new construction or during repair or restoration projects in which the structural system or structural loading of a building is being modified, the enforcing agency shall require a special inspector to perform structural inspections on a threshold building pursuant to a structural inspection plan prepared by the engineer or architect of record. The structural inspection plan must be submitted to the enforcing agency prior to the issuance of a building permit for the construction of a threshold building. The purpose of the structural inspection plans is to provide specific inspection procedures and schedules so that the building can be adequately inspected for compliance with the permitted documents. The special inspector may not serve as a surrogate in carrying out the responsibilities of the Building Official, the architect, or the engineer of record. The contractor’s contractual or statutory obligations are not relieved by any action of the special inspector. 110.8.2 The special inspector shall determine that a professional engineer who specializes in shoring design has inspected the shoring and reshoring for conformance with the shoring and reshoring plans submitted to the enforcing agency. A fee simple title owner of a building, which does not meet the minimum size, height, occupancy, occupancy classification, or number-of-stories criteria which would result in classification as a threshold building under section 553.71(7), Florida Statutes, may designate such building as a threshold building, subject to more than the minimum number of inspections required by the Florida Building Code. 110.8.3 The fee owner of a threshold building shall select and pay all costs of employing a special inspector, but the special inspector shall be responsible to the enforcement agency. The inspector shall be a person certified, licensed or registered under chapter 471, Florida Statutes, as an engineer or under chapter 481, Florida Statutes, as an architect. 110.8.4 Each enforcement agency shall require that, on every threshold building: 110.8.4.1 The special inspector, upon completion of the building and prior to the issuance of a certificate of occupancy, file a signed and sealed statement with the enforcement agency in substantially the following form: “To the best of my knowledge and belief, the above described construction of all structural load-bearing components complies with the permitted documents, and the shoring and reshoring conforms to the shoring and reshoring plans submitted to the enforcement agency.” 110.8.4.2 Any proposal to install an alternate structural product or system to which building codes apply be submitted to the enforcement agency for review for compliance with the codes and made part of the enforcement agency’s recorded set of permit documents. 110.8.4.3 All shoring and reshoring procedures, plans and details be submitted to the enforcement agency for recordkeeping. Each shoring and reshoring installation shall be supervised, inspected, and certified to be in compliance with the shoring documents by the contractor. 110.8.4.4 All plans for the building which are required to be signed and sealed by the architect or engineer of record contain a statement that, to the best of the architect’s or engineer’s knowledge, the plans and specifications comply with the applicable minimum building codes and the applicable 1071 56 Table of Contents fire-safety standards as determined by the local authority in accordance with this section and chapter 633, Florida Statutes. 110.8.5 No enforcing agency may issue a building permit for construction of any threshold building except to a licensed general contractor, as defined in section 489.105(3)(a), Florida Statutes, or to a licensed building contractor, as defined in section 489.105(3)(b), Florida Statutes, within the scope of her or his license. The named contractor to whom the building permit is issued shall have the responsibility for supervision, direction, management and control of the construction activities on the project for which the building permit was issued. 110.8.6 The division of building safety may allow a special inspector to conduct the minimum structural inspection of threshold buildings required by this code, section 553.73, Florida Statutes, without duplicative inspection by the division of building safety. The Building Official is responsible for ensuring that any person conducting inspections is qualified as a building inspector under Part XII of chapter 468, Florida Statutes, or certified as a special inspector under chapters 471 or 481, Florida Statutes. Inspections of threshold buildings required by section 553.79(5), Florida Statutes, are in addition to the minimum inspections required by this code. 110.9 Impact of construction. All construction activity regulated by this code shall be performed in a manner so as not to adversely impact the condition of adjacent property, unless such activity is permitted to affect said property pursuant to a consent granted by the applicable property owner, under terms or conditions agreeable to the applicable property owner. This includes, but is not limited to, the control of dust, noise, water or drainage run-offs, debris, and the storage of construction materials. New construction activity shall not adversely impact legal historic surface water drainage flows serving adjacent properties, and may require special drainage design complying with engineering standards to preserve the positive drainage patterns of the affected sites. Accordingly, developers, contractors and owners of all new residential development, including additions, pools, patios, driveways, decks or similar items, on existing properties resulting in a significant decrease of permeable land area on any parcel or has altered the drainage flow on the developed property shall, as a permit condition, provide a professionally prepared drainage plan clearly indicating compliance with this paragraph. Upon completion of the improvement, a certification from a licensed professional, as appropriate under Florida law, shall be submitted to the inspector in order to receive approval of the final inspection. 110.10 Storm Shutter Placement. After the termination of such periods of time that had been designated by the National Weather Service as being a hurricane watch or warning, hurricane protective devices installed on occupied buildings which impede required egress or required light and ventilation shall be removed within 15 days. 110.10.1 Securing construction sites. During such periods of time as the National Weather Service has issued a severe weather advisory that is in effect for Palm Beach County, are deemed sufficient notice to the contractor and/or owner of any active or inactive construction project, the contractor and/or owner shall be responsible for securing loose construction debris and loose construction materials against the effects of hurricane force winds. 1072 57 Table of Contents 110.10.2 The contractor and/or owner of any active or inactive construction project shall be responsible to secure or remove materials that are not fastened or secured to the ground or any permanent structure. Materials stockpiled on top of any structure under construction shall be permanently installed by the property owner or contractor upon a hurricane watch; however, in the event such installation cannot be timely completed, then the contractor and/or owner shall: a. Band together the construction materials and fasten them to the top of the structure in such a manner so as not to present a threat of their becoming airborne during severe weather; or b. Remove the construction materials from the top of the structure and fasten down to the ground; or c. Remove the construction materials from the job site; or d. Store the construction materials inside an enclosed secure structure. 110.10.2.1 For the purposes of this section, "severe weather advisory" shall be defined as any one of the following: a tropical storm warning, a hurricane watch, or a hurricane warning. 110.11 Building Recertification 110.11.1 Existing Building Recertification. Maintaining the structural integrity of a building throughout the life of the building, in order to ensure that buildings are structural and electrical service system are sound so as to not pose a threat to the public health, safety, or welfare. Building Recertification inspections shall be for the purpose of determining the structural & electrical service system of the building or structure to the extent reasonably possible of any part, material or assembly of a building or structure which affects the safety of such building or structure and/or which supports any dead or designed live load, and the general condition of its electrical service system(s) pursuant to the Building Code. 110.11.1.1 Backlog. Due to the initial backlog of buildings required to be recertified, the Building Official shall establish a completion schedule for recertification, which shall be based upon factors that may include, but shall not be limited to, the age, location, construction materials, occupancy load, and function of a building. This completion schedule shall include a recertification deadline for each building for which recertification is required and may be amended by the Building Official as necessary or advisable. 110.11.1.2 Nothing in this section shall be construed to prevent or limit the Building Official's authority to inspect, order inspections or reports, or abate unsafe conditions at existing buildings outside of the requirements of this section, including, but not limited to, the Building Official's authority pursuant to section 116 Unsafe Structures and Equipment of this chapter. 110.11.2 Public Records. Building Recertification inspection reports and other information received by the City in connection with the Building Recertification inspections shall be available to the public consistent with the requirements of Florida Statute 119. 1073 58 Table of Contents 110.11.3 Inspection professional. The inspecting professional(s) shall have a right of entry into all areas he/she deems necessary to comply with the Building Recertification inspection. 110.11.4 Definitions. Condominium/Cooperatives. An owner or owners of a building that is three stories or more in height as determined by the Florida Building Code and that is subject, in whole or in part, to the condominium or cooperative form of ownership as a Residential Condominium association as defined under Florida Statute 718 and Residential Cooperative association as defined under Florida Statute 719. Building age. Means the time period since the issuance of a certificate of occupancy or, where adequate records are not available to determine when a certificate of occupancy was issued, shall be determined by the Building Official based on the best available evidence. Milestone inspection. Means a structural inspection, required under section 553.899, Florida Statutes, of a building, including an inspection of the electrical system, load-bearing elements, the primary structural members and primary structural systems as those terms are defined in s. 627.706, by an architect licensed under chapter 481 or engineer licensed under chapter 471 authorized to practice in this state for the purposes of attesting to the life safety and adequacy of the structural and electrical components of the building and, to the extent reasonably possible, determining the general structural condition of the building as it affects the safety of such building, including a determination of any necessary maintenance, repair, or replacement of any electrical or structural component of the building. The purpose of such inspection is not to determine if the condition of an existing building is in compliance with the Florida Building Code, National Electrical Code or the Fire Safety Code. The milestone inspection services may be provided by a team of professionals with an architect or engineer acting as a registered design professional in responsible charge with all work and reports signed and sealed by the appropriate qualified team member. Owner. Means the fee simple title holder of the land on which a building subject to Building Recertification inspection is situated or, in the case of condominium or cooperative type of ownership, shall mean the person or entity responsible for the structure and common systems of a building subject to Building Recertification inspection. Substantial structural deterioration. Means substantial structural distress or substantial structural weakness that negatively affects a building’s general structural condition and integrity. The term does not include surface imperfections such as cracks, distortion, sagging, deflections, misalignment, signs of leakage, or peeling of finishes unless the licensed engineer or architect performing the phase one or phase two inspection determines that such surface imperfections are a sign of substantial structural deterioration. Threshold Building. In accordance with section 553.71, Florida Statute, means any building which is greater than 3 stories or 50 feet in height, or which has an assembly occupancy classification that exceeds 5,000 square feet in area and an occupant content of greater than 500 persons. 1074 59 Table of Contents 110.11.5 Required Building Recertification Inspection. An owner or owners of a Threshold building or that is three stories or more in height as determined by the Florida Building Code and that is subject, in whole or in part, to the condominium or cooperative form of ownership as a residential condominium association under chapter 718 or and a residential cooperative association under chapter 719 must have a milestone inspection performed for each building that is three stories or more in height by December 31 of the year in which the building reaches 25 years of age, based on the date the certificate of occupancy for the building was issued, and every 10 years thereafter. If a building reached 25 years of age before July 1, 2022, the building’s initial milestone inspection must be performed before December 31, 2024. If a building reaches 25 years of age on or after July 1, 2022, and before December 31, 2024, the building’s initial milestone inspection must be performed before December 31, 2025. If the date of issuance for the certificate of occupancy is not available, the date of issuance of the building’s certificate of occupancy shall be the date of occupancy evidenced in any record of the local building official. 1. Threshold buildings within Boynton Beach City limits, a milestone inspection must be performed by December 31st of the year in which the building reaches 25 years of age, based on the date the certificate of occupancy for the building was issued, and every 10 years thereafter. 2. Condominium associations and Cooperative associations within Boynton Beach City limits, that are three stories or more in height, a milestone inspection must be performed by December 31st of the year in which the building reaches 25 years of age, based on the date the certificate of occupancy for the building was issued, and every 10 years thereafter. Exceptions: a) Single-family, two-family, three-family and Townhomes with three or fewer habitable stories above ground. b) State or University and Palm Beach County School buildings. c) U S Government, State of Florida, Palm Beach County and local municipal buildings. 110.11.5.1 Subsequent Building Recertification inspections shall be required at ten (10) year intervals from the date of the 25th anniversary of existence of buildings or structures regardless of when the inspection report for same is finalized or filed. 110.11.5.2 The Building Official may accept phase one and phase two inspection reports prepared by a licensed Architect or Engineer for a structural integrity and condition inspection of a building performed before July 1, 2022 and if the report(s) substantially comply with the requirements per section 110.11.9. The inspection for which an inspection report is accepted by the Building Official under this paragraph is deemed a milestone inspection for the applicable requirements per section 110.11. If the inspection report(s) is accepted by the Building Official the deadline for the building’s subsequent 10-year milestone inspection is based on the date of the accepted inspection report(s). 1075 60 Table of Contents 110.11.6 Inspection Procedures. Procedures established herein are basic guidelines for Building Recertification inspections. These guidelines shall not be construed as permitting the removal or non- maintenance of any existing devices or safeguards unless authorized by the Building Official. 110.11.6.1 In addition to the requirements set forth in this section, the Building Official shall provide Building Recertification inspection Guideline for Structural and Electrical reports and criteria for the Building Recertification inspection and the applicable inspections and report(s), which shall be mandatory. 110.11.6.2 Duty to Report. Any engineer or architect who performs an inspection of an existing building or structure has a duty to report to the Building Official any findings that, if left unaddressed, would endanger life or property no later than ten (10) days after informing the building owner of such findings unless the engineer or architect is made aware that action has been taken to address such findings in accordance with applicable code. However, if such engineer or architect finds that there are conditions in the building or structure causing an actual or immediate danger of the failure or collapse of a building or structure, or there is a health, windstorm or fire hazard, such engineer or architect shall report such conditions to the Building Official within twenty-four (24) hours of the time of discovery. 110.11.6.3 The Building Official may revoke any recertifications if the Building Official determines that the written recertification report contains any misrepresentation of the actual conditions of the building or structure. 110.11.7 Inspection Notification. Upon determining that a building must have a Building Recertification inspection, the Building Official shall provide written notices of such required inspection to the owner, by certified mail, return receipt requested not less than one year (365 calendar days) prior to the recertification anniversary year, and may provide such additional notice as the Building Official deems appropriate and useful. 110.11.7.1 Unclaimed Notice. In the event that the Notice of Building Recertification is returned unclaimed, said Notice shall be posted by the Building Official at the building. Failure to receive notice of any required inspection shall not relieve the Owner of its obligations pursuant to this section. 110.11.8 Required Recertification Inspections. Within 180 calendar days after receiving the written notice, per section 110.11.7, the owner or owners of the building, must complete Phase One of the Building Recertification inspections. For purposes of this section, completion of Phase One of the Building Recertification means the licensed Engineer or Architect who performed the Phase One inspection submitted electronically with a verifiable digital signature as described in section 668.001, Florida Statutes. 110.11.8.1 Phase One Building Recertification Inspection. Phase one of the milestone inspection must be completed within 180 days after the owner or owners of the building receive the written notice as specified in section 110.11.7. The licensed Architect or Engineer authorized to practice in 1076 61 Table of Contents this state shall perform a visual examination of the electrical service system, habitable and non- habitable areas of a building, including but not limited to, all improved balconies, guardrails, the major structural components of a building or structure and provide a qualitative assessment of the structural and electrical conditions of the building. (i) If the building or structure is not a threshold building as defined by the Florida Building Code, such report must be prepared by a Professional Engineer or Architect registered in the State of Florida. (ii) If the building or structure is a Threshold Building, as defined above, then (a) the structural portion of such report must be prepared by a Professional Engineer registered in the State of Florida specializing in structural design; and (b) the electrical portion of such written report must be prepared by a Professional Engineer registered in the State of Florida specializing in electrical design. A self-qualification letter shall be submitted as part of the structural report for threshold buildings, stating that the engineer is a practicing structural engineer and has worked with buildings equivalent to the building being certified and shall be accompanied by proof of the engineer's state Department of Business and Professional Regulation (DPBR) structural specialization. 110.11.8.1.1 If the Architect or Engineer finds no signs of electrical service system or substantial structural deterioration to any electrical service system or building components under visual examination, Phase Two Building Recertification inspection is not required. 110.11.8.1.2 The Architect or Engineer who completes a Phase One Building Recertification inspections shall prepare and submit to the Building Official, the Building and Electrical Recertification Inspection report and any additional comments or observations of the conditions of the building. 110.11.8.2 Phase Two Building Recertification Inspection. Phase Two Building Recertification inspections must be performed if any electrical service system or substantial structural deterioration is identified during Phase One Inspection. A Phase Two inspection may involve destructive or nondestructive testing at the inspector’s direction. The inspection may be as extensive or as limited as necessary to fully assess areas of structural distress in order to confirm that the building is electrically and structurally sound and safe for its intended use and to recommend a program for fully assessing and repairing distressed and damaged portions of the building and electrical service system. When determining testing locations, the inspector must give preference to locations that are the least disruptive and most easily repairable while still being representative of the structure. 110.11.8.2.1 If a phase two inspection is required, within 180 days after submitting a phase one inspection report the architect or engineer performing the phase two inspection must submit a phase two progress report to the local enforcement agency with a timeline for completion of the phase two inspection. 1077 62 Table of Contents 110.11.8.2.2 The Architect or Engineer who completes a Phase Two Building Recertification inspection shall prepare and submit to the Building Official, the Building and Electrical Recertification Inspection report and any additional comments or observations of the conditions of the building. 110.11.9 Building Recertification Report. The owner of a building or structure subject to Building Recertification inspections shall furnish, or cause to be furnished, Building Recertification inspection forms, photographs and additional supporting documents to the Building Official, prepared by a Professional Structural Engineer, Electrical Engineer or Architect registered in the State of Florida, attest and certify that each such building or structure is structurally and electrically safe, or has been made structurally and electrically safe for the specified use for continued occupancy, in conformity with the Building and Electrical Recertification Inspection Guidelines as provided by the Building Official. Both Structural and Electrical reports must be submitted together. 110.11.9.1 Any and all drafts/versions. of the report, or portions of the report, that are provided to the owner shall also be provided to the Building Official. 110.11.9.2 Reports. The structural and electrical service system inspection reports must, at a minimum, meet all of the following criteria including the required information from Building and Electrical Guidelines as provided by the Building Official: 1. Name of Inspection Firm or individual, Inspection date, Inspection made by, address, email and phone number 2. Bear the seal and signature, or electronically signed, of the licensed engineer or architect who performed the inspection. 3. Indicate the manner and type of inspection, Phase one or Phase two, forming the basis for the inspection report. 4. Building/structure address, property control number, legal description, owners name, owner mailing address and phone number 5. Reasonably known age of building, number of stories and square footage 6. Construction type and Occupancy classification in accordance with Building Code edition 7. Identify any electrical service system and substantial structural deterioration, within a reasonable professional probability based on the scope of the inspection, describe the extent of such deterioration, and identify any recommended repairs for such deterioration. 8. State whether unsafe or dangerous conditions, as those terms are defined in the Florida Building Code or National Electrical Code, were observed. 9. Recommend any remedial or preventive repair for any items that are damaged but are not substantial structural deterioration or the electrical service system unsafe. 1078 63 Table of Contents 10. Identify and describe any items requiring further inspection and supporting documentation. 110.11.10 Administrative Review. The Building Official and Floodplain Manager will perform an administrative review of the Building Recertification inspection reports to determine whether it satisfies the requirements of this section and chapter 4 article X City of Boynton Flood ordinance. If the Building Official determines that the Building Recertification inspection reports do not satisfy the applicable requirements, the Building Official will notify the owner of the deficiencies in writing within 30 days of submittal and the owner shall have 30 calendar days from such determination to make necessary changes to the report and resubmit for review. Up to three resubmittals are allowed in order to reach a determination that the requirements have been satisfied. 110.11.10.1 If after the third resubmittal, the Building Official determines that the Report(s) do not satisfy the requirements, the matter shall be automatically sent to the Special Magistrate or Code Enforcement Board, as appropriate. 110.11.11 Repair plan and schedule. In the event the electrical service system, structural repairs or modifications are found by the Architect or Engineer retained by the building owner to be necessary as documented by the Phase Two Inspection report, the owner shall have 60 calendar days from the date the Building Recertification inspection reports is determined by the Building Official to satisfy the requirements of this section. 110.11.11.1 The owner shall submit a plan to correct the deficiencies ("repair plan"), which repair plan shall include a detailed proposed schedule to complete said repairs, including a schedule for submittal of application(s) for any required permit(s). The repair plan, including the schedule for completion of repairs, shall be subject to review and approval by the Building Official. 110.11.11.2 The owner shall have a total of 180 calendar days from the date of the Building Recertification inspection reports is determined by the Building Official to satisfy the requirements of this section, unless otherwise specified by the Building Official, in which to permit and correct the structural and electrical service system deficiencies that pose an immediate threat to life, health, safety or where failure of a critical component is imminent. 110.11.11.2.1 Once the corrections have been completed, the Engineer(s), or Architect shall re-inspect the areas noted on the original report and shall provide the building owner with an electronically signed letter, stating all corrections have all been completed. The building owner shall submit that letter to the Building Official. 110.11.11.2.2 For deficiencies that cannot be corrected within 180 calendar days, the time frame may be extended when a time frame is specified by the Professional Engineer or Registered Architect and approved by the Building Official. Such extension shall be contingent on maintaining an active building permit as specified in section 105.4.1 Boynton Beach Administrative Code. 110.11.11.3 Repairs or modifications of deficient conditions that are incidental and non-life threatening shall be completed within a time frame as specified by the inspecting Professional 1079 64 Table of Contents Engineer or Registered Architect and approved by the Building Official. All repairs or modifications shall be completed in conformance with all applicable Sections of the Florida Existing Building Code and the National Electrical Code. 110.11.11.3.1 The Florida Existing Building Code will specify whether the repairs or modification can be made under the code in effect when the building was originally permitted or the code currently in effect. 110.11.12 Repair or Modification Requirements. In the event an owner fails to timely furnish the Building Official with a recertification report, seek an extension to furnish a recertification report, or comply with repair or modification requirements as determined from the Building Recertification inspection reports as set forth herein the structure may be deemed to be unsafe and unfit for occupation. Such findings shall be reviewed by the Building Official and may be sent to the Special Magistrate or Code Enforcement Board, as appropriate. 110.11.12.1 Emergency Hearing. The Building Official may elect the choice of either a Special Magistrate or Code Enforcement Board as set forth under chapter 162, Florida Statutes to conduct an emergency hearing if any of the following occurs; 1. The owner, fails to submit the Building Recertification inspection reports by the required deadline per section 110.11.8 and 1110.11.8.2.1 2. The Building Official determines the owner failed to make required changes and resubmit the report within required time frames per sections 110.11.10 and 110.11.10.1 does not satisfy the requirements of sections 110.11.10 and 110.11.10.1 3. The owner, fails to submit the Repair Plan and Schedule by the required time frames per section 110.11.11 4. The Building Official may prescribe timelines and penalties with respect to compliance with this section. 5. The Building Official determines that the written recertification report contains any misrepresentation of the actual conditions of the building or structure. 110.11.13 Building Recertification fees. For each building or structure to be Recertified, the application, resubmittal and extension fees shall be paid as required, in accordance with the schedule as established by the applicable governing authority. 110.11.14 Permit fees. In the event the electrical service system, structural repairs or modifications are required, a permit shall not be valid until the fees prescribed by law have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid, in accordance with the schedule as established by the applicable governing authority. 110.11.15 Appeals Procedure. The Building Board of Adjustments and Appeals shall have the power, as further defined in section 113 of the Boynton Beach Administrative Amendments to hear appeals of 1080 65 Table of Contents decisions and interpretations of the Building Official relating to the Florida Building Code and local amendments, including decisions of the Building Official related to Building Recertification and of the Floodplain Administrator relating to flood damage prevention and floodplain management codes contained in Chapter 4, Article X, Code of Ordinances. 110.11.15.1 Decisions and Interpretations. The permit holder, or the owner of a building subject to Building Recertification may appeal the applicable decision of the Building Official or Floodplain Administrator to the Building Board of Adjustments and Appeal whenever one of the following conditions are claimed to exist: 1. The Building Official determined, the submittal of the Building Recertification inspection reports by the required deadline per section 110.11.9 2. The Building Official determined, after three submittals, that the Building Recertification inspection report submitted pursuant to per sections 110.11.9 and 110.11.9.2 did not satisfy the requirements of that section. 3. The Building Official determined the submittal of the Repair Plan and Schedule by the required deadline per sections 110.11.11 4. The Building Official or Floodplain Administrator rejected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building, structure or electrical service system; 5. The provisions of this building code do not apply to this specific case 6. That an equally good or more desirable form of installation can be employed in any specific case, which the Building Official or floodplain administrator has rejected or refused. 7. The true intent and meaning of this building code or any of the regulations hereunder have been misconstrued or incorrectly interpreted. 110.11.15.2 Ineligible appeals. 11. The Building Board of Adjustments and Appeal shall not consider an application for an appeal from the provisions of this building code, or grant relief from the provisions thereof, when such authority is vested in another board or the City Council. 2. No application shall be accepted by the City if a similar request for an appeal has been considered by the Board and denied at any time within 180 calendar days immediately prior to the date the application is submitted. 110.11.16 Extensions. The Building Official may issue an extension of not more than 60 calendar days to submit a recertification report or to obtain any necessary permits upon a written extension request from an engineer or architect. Such request upon showing good cause by the owner or owners of the building that the inspection cannot be timely completed if the owner or owners have entered into a 1081 66 Table of Contents contract with an architect or engineer to perform the milestone inspection and the inspection cannot reasonably be completed before the deadline or other circumstance to justify an extension. Such request must contain a signed and sealed statement from the engineer or architect that the building may continue to be safely occupied. SECTION 111 CERTIFICATE OF OCCUPANCY 111.1 Use and occupancy. A building or structure shall not be used or occupied, and a change in the existing use or occupancy classification of a building or structure or portion thereof shall not be made, until the Building Official has issued a certificate of occupancy therefore as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Exception: Certificates of occupancy are not required for work exempt from permits under Section 105.2. 111.2 Certificate issued. After the Building Official inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the division of building safety, the Building Official shall issue a certificate of occupancy that contains the following: 1. The building permit number. 2. The address of the structure. 3. The name and address of the owner or the owner’s authorized agent. 4. A description of that portion of the structure for which the certificate is issued. 5. A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified. 6. For buildings and structures in flood hazard areas, a statement that documentation of the as-built lowest floor elevation has been provided and is retained in the records of the authority having jurisdiction 1082 67 Table of Contents 7. The name of the Building Official. 8. The edition of the code under which the permit was issued. 9. The use and occupancy, in accordance with the provisions of chapter 3. 10. The type of construction as defined in chapter 6. 11. The design occupant load. 12. If an automatic sprinkler system is provided, whether the sprinkler system is required. 13. Any special stipulations and conditions of the building permit. 111.3 Temporary/partial occupancy. The Building Official is authorized to issue a temporary/partial certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The Building Official shall set a time period of 30 days during which the temporary certificate of occupancy is valid. 111.4 Revocation. The Building Official is authorized to, in writing, suspend or revoke a certificate of occupancy or completion issued under the provisions of this code wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code. 111.5 Certificate of Completion. A Certificate of Completion is proof that a structure or system is complete and for certain types of permits is released for use and may be connected to a utility system. This certificate does not grant authority to occupy a building, such as shell building, prior to the issuance of a Certificate of Occupancy. 111.6 Fixturing and Stocking. The Building Official is authorized to issue approval for fixturing, stocking, training, or decorating, when appropriate, to allow the builder to prepare the structure for permanent occupancy. The building may not be open to the general public or be used for the transaction of any commerce. Such approval must be conditioned upon the approval of the Fire Marshal, when applicable. 111.7 Digital Submittal Requirements for New Construction. 111.7.1 Building Footprints. The Building Official is authorized to require the submittal of digital shape (PDF) files, in a specific format, depicting a geo-referenced footprint with elevation for all new structures as a condition of the issuance of a Certificate of Occupancy. 1083 68 Table of Contents 111.7.2 Subdivision Topography. The Building Official is authorized to require the submittal of electronic topographical data for all new subdivisions over five acres or five lots for the purposes of updating and maintaining the community's flood maps. SECTION 112 SERVICE UTILITIES 112.1 Connection of service utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until released by the Building Official. 112.2 Temporary connection. The Building Official shall have the authority to authorize the temporary connection of the building or system to the utility source of energy, fuel or power. 112.3 Authority to disconnect service utilities. The Building Official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the referenced codes and standards set forth in Section 101.4 in case of emergency where necessary to eliminate an immediate hazard to life or property or when such utility connection has been made without the approval required by Section 112.1 or 112.2. The Building Official shall notify the serving utility, and wherever possible the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the building, structure or service system shall be notified in writing, as soon as practical thereafter. SECTION 113 BUILDING BOARD OF ADJUSTMENT AND APPEALS 113.1 Appointment. There is hereby established a board to be called the Building Board of Adjustment and Appeals, which shall consist of seven members and two alternates. The applicable governing body shall appoint the Board. 113.2 Membership and Terms. 113.2.1 Membership. The Building Board of Adjustment and Appeals shall consist of seven members. Such board members shall be composed of individuals with knowledge and experience in the technical codes to include, to the greatest extent possible, an architect, engineer, general contractor, electrical contractor, HVAC contractor, plumbing contractor, and any other contractor licensed category. In addition to the regular members, there should be two alternate members, one member with the qualifications referenced above and one member at large from the public. A board member shall not act in a case in which he or she has a personal or financial interest. 113.2.2.1 Terms. The terms of office of the board members shall be staggered so no more than one- third of the board is appointed or replaced in any 12-month period. The two alternates, if appointed, 1084 69 Table of Contents shall serve one-year terms. Vacancies shall be filled for an unexpired term in the manner in which original appointments are required to be made. 113.2.2.2. Removal from office. Members shall be automatically removed for lack of attendance. Lack of attendance is defined as a failure to attend three (3) consecutive meetings or a failure to attend more than one-half of the meetings scheduled during a calendar year. Participation for less than three-fourths of a meeting shall be the same as a failure to attend a meeting. Members removed pursuant to this provision shall not continue to serve on the board and such removal shall create a vacancy. 113.2.3 Quorum and voting. A simple majority of the board shall constitute a quorum. In varying any provision of this code, the affirmative votes of the majority present, but not less than three affirmative votes, shall be required. In modifying a decision of the Building Official, not less than four affirmative votes, but not less than a majority of the board, shall be required. In the event that regular members are unable to attend a meeting, the alternate members, if appointed, shall vote. 113.2.4 Secretary of board. The Building Official or his/her authorized representative shall act as secretary of the board and shall make a record of all of its proceedings, which shall set forth the reasons for its decision, the vote of each member, the absence of a member, and any failure of a member to vote. 113.3 Powers. The Building Board of Adjustments and Appeals shall have the power, as further defined in 113.4 of this code, to hear appeals of decisions and interpretations of the Building Official and consider variances of the technical codes. 113.4 Appeals. 113.4.1 Decision of the Building Official. The owner of a building, structure or service system, or duly authorized agent, may appeal a decision of the Building Official to the Building Board of Adjustment and Appeals whenever any one of the following conditions are claimed to exist: 1. The Building Official rejected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building, structure or service system. 2. The provisions of this code do not apply to this specific case. 3. That an equally good or more desirable form of installation can be employed in any specific case, which the Building Official has rejected or refused. 4. The true intent and meaning of this code or any of the regulations hereunder have been misconstrued or incorrectly interpreted. 1085 70 Table of Contents 113.4.2 Variances. The Building Board of Adjustments and Appeals, when upon written request, has been so appealed to and after a hearing, may vary the application of any provision of this code to any particular case when, in its opinion, the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this or the technical codes or public interest, and also finds all of the following: 1. That special conditions and circumstances exist which are peculiar to the building, structure or service system involved and which are not applicable to others. 2. That the special conditions and circumstances do not result from the action or inaction of the applicant. 3. That granting the variance requested will not confer on the applicant any special privilege that is denied by this code to other buildings, structures or service system. 4. That the variance granted is the minimum variance that will make possible the reasonable use of the building, structure or service system. 5. That the grant of the variance will be in harmony with the general intent and purpose of this code and will not be detrimental to the public health, safety and general welfare. 113.4.2.1 Conditions of the variance. In granting the variance, the board may prescribe a reasonable time limit within which the action for which the variance is required shall be commenced or completed or both. In addition, the board may prescribe appropriate conditions and safeguards in conformity with this code. Violation of the conditions of a variance shall be deemed a violation of this code. 113.4.3 Notice of appeal. Notice of appeal shall be in writing and filed within 30 calendar days after the Building Official renders the decision. Appeals shall be in a form acceptable to the Building Official. 113.4.4 Unsafe or dangerous buildings or service systems. In the case of a building, structure or service system, which in the opinion of the Building Official, is unsafe, unsanitary or dangerous, the Building Official may, in the order, limit the time for such appeals to a shorter period. 113.5 Procedures of the board. 113.5.1 Rules and regulations. The board shall establish rules and regulations for its own procedure not inconsistent with the provisions of this code. The board shall meet on call of the chairman, subsequent to a request to call a meeting by the secretary. The board shall meet within 30 calendar days after notice of appeal has been received. 113.5.1.1 Rules of Evidence. Formal rules of evidence shall not apply, but fundamental due process should be observed and govern the proceedings. Upon determination by the chairman, irrelevant, 1086 71 Table of Contents immaterial, or unduly repetitious evidence may be excluded, but all other evidence of a type commonly relied upon by reasonable, prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible in a trial in the courts of Florida. Any part of the evidence may be received in written form. The Board may request certain evidence from the petitioner to be provided by an architect or engineer registered in the State of Florida, in which case, said evidence shall be signed, sealed, and dated. 113.5.1.2 Testimony. Any member of the Board or the attorney representing the Board may inquire of, or question, any witness before the Board. Any member of the Board, the petitioner or his/her attorney, and/or the Building Official shall be permitted to inquire of any witness before the Board. The Board may consider testimony presented by the Building Official, the petitioner, or any other witness. 113.5.2 Decisions. The Building Board of Adjustment and Appeals shall, in every case, reach a decision without unreasonable or unnecessary delay. Each decision of the board shall also include the reasons for the decision. If a decision of the board reverses or modifies a refusal, order, or disallowance of the Building Official or varies the application of any provision of this code, the Building Official shall immediately take action in accordance with such decision. Every decision shall be promptly filed in writing in the office of the Building Official and shall be open to public inspection. A certified copy of the decision shall be sent by mail or otherwise to the appellant and a copy shall be kept publicly posted in the office of the Building Official for two weeks after filing. Every decision of the board shall be final; subject however to such remedy as any aggrieved party might have at law or in equity. 113.6 Local Construction Regulation Board. The local government may also utilize this Board to convene as the Local Construction Regulation Board (LCRB), as provided in section 489.113, Florida Statute. The LCRB may deny, suspend, revoke or limit the authority of a certified contractor to obtain a building permit or permit with specific conditions, if the LCRB has found such contractor, through public hearing, to be guilty of fraud or a willful building code violation within the county or municipality that the LCRB represents. The LCRB may also, deny, suspend, revoke or limit the authority of a certified contractor to obtain a building permit or permit with specific conditions, if it has proof through the public hearing process, that a contractor has been found guilty in another county or municipality within the past 12 months, of fraud or a willful building code violation and after providing notice of an opportunity to be heard to the contractor, finds that such fraud or violation would have been fraud or a violation if committed in the county or municipality that the LCRB represents. Notification of and information concerning such permit denial shall be submitted to the division within 15 days after the LCRB decides to deny the permit. SECTION 114 VIOLATIONS 1087 72 Table of Contents 114.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code. 114.2 Notice of violation. The Building Official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this code, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. 114.3 Prosecution of violation. If the notice of violation is not complied with promptly, the Building Official is authorized to request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto. 114.4 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the Building Official, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by law. 114.5 Enforcement. Nothing in this section shall prevent the authority having jurisdiction from imposing fines, liens, or seek injunctive relief, or exercising other enforcement powers as permitted by law. Code enforcement and penalties of chapter 162, part I, Florida Statutes, shall be authorized if building work begins without payment of all required fees, and for the purposes of enforcing this code, code officials licensed under chapter 468 part XII, Florida Statute are deemed “Code Inspectors,” as defined in section 162.04, Florida Statute. SECTION 115 STOP WORK ORDER 115.1 Authority. Whenever the Building Official finds any work regulated by this code being performed in a manner either contrary to the provisions of this code or dangerous or unsafe, the Building Official is authorized to issue a stop work order. 115.2 Issuance. The stop work order shall be in writing and shall be given to the owner of the property involved, the owner’s authorized agent or the person performing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order and the conditions under which the cited work will be permitted to resume. Where an emergency exists, the Building Official shall not be required to give a written notice prior to stopping the work. 1088 73 Table of Contents 115.3 Unlawful continuance. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law. SECTION 116 UNSAFE STRUCTURES AND EQUIPMENT 116.1 Unsafe buildings or systems. All buildings, structures, electrical, gas, mechanical or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use, constitute a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal and shall be ordered by the Building Official to be abated by the owner, through repair and rehabilitation or by demolition in accordance with this Code. The extent of repairs shall be determined by the Building Official. When the Building Official determines that an unsafe building, structure, or service system cannot be reasonably repaired in accordance with this or the technical codes, it shall be demolished in accordance with this section. 116.1.1 When the Building Official determines a building, structure, electrical, gas, mechanical or plumbing system or portion thereof is unsafe, as set forth in this Code he/she shall provide the owner, agent or person in control of such building, structure, electrical, gas, mechanical or plumbing system A written notice of violation stating the defects thereof. This notice shall require the owner within a stated time either to complete specified repairs or improvements, or to demolish and remove the building, structure, electrical, gas, mechanical or plumbing system or portion thereof. 116.1.1.1 In addition to the written notice being sent by certified mail, return receipt requested to the record owner(s) of the real property upon which the unsafe building, structure, system is located, the Building Official shall post a copy of the notice in a conspicuous place in City Hall, upon the building, structure or system, and a copy shall be recorded in the public records of Palm Beach County. 116.1.1.2 In addition, a copy of the notice, as outlined in this sub-section, shall be published simultaneously for two consecutive weekends in a newspaper of local circulation. Such notice shall be substantially in the following form: NOTICE OF INTENT TO DEMOLISH OR SUBSTANTIALLY REPAIR AND INSPECT (Insert Date of Notice) The owner or other interested parties for the structure located at (address), are hereby notified that the City of Boynton Beach, Florida will proceed to have the building, structure or system repaired, demolished or removed (insert stipulated time) after the date of this 1089 74 Table of Contents Notice, if said building, structure or system is not substantially repaired, demolished or removed by that date. All costs incurred by the City in connection with the repair, demolition or removal will be assessed against the property. If, as a result of this Notice, the building, structure or system is substantially repaired, demolished, or removed by the owner, notice is hereby given that work to abate the unsafe condition requires building permits and inspections for code compliance, and all related fees are required to be paid prior to performing the work or receiving certification of code compliance. To request an extension of time, the owner should contact (Contact Person and Phone Number) within ten (10) days of the date of this Notice. Said request for extension must be made in writing to the Building Official. An affected owner or duly authorized agent has the right to appeal this action to the Building Board of Adjustment and Appeals. An application of appeal should be filed in writing and hearing costs paid by the affected owner or duly authorized agent, at the City of Boynton Beach Building Division Office, within (insert stipulated time) of the date of this Notice. The fee to cover hearing costs shall be established by ordinance. 116.1.1.3 Evidence that an attempt has been made to hand deliver or mail the Notice, as provided herein, together with a copy of the recorded “Notice of Intent to Demolish or Substantially Repair and Inspect” at the Clerk of the Court Office, and proof of publication, shall be sufficient to show that the notice requirements of this Section have been met, without regard to whether or not the owner actually received said notice. 116.1.2 If necessary, the notice shall also require the building, structure, electrical, gas, mechanical, plumbing systems or portion thereof to be vacated and/or disconnected, and not reoccupied and/or reconnected until the specified repairs and improvements are completed, inspected and approved by the Building Official. The Building Official shall post at each entrance to the building a placard stating: THIS BUILDING IS UNSAFE AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BY THE BUILDING OFFICIAL. This placard shall remain posted until the required repairs are made or demolition is completed. It shall be unlawful for any person, firm or corporation or its officers, agents, or other servants, to remove the posting without written permission of the Building Official, or for any person to enter the building, or use the building or system(s) except for the purpose of making the required repairs or of demolishing same. 116.1.3 In case the owner, agent, or person in control cannot be found within the stated time limit, or, if such owner, agent, or person in control shall fail, neglect, or refuse to comply with notice to repair, rehabilitate, or to demolish, and remove said building, structure, electrical, gas, mechanical or plumbing system or portion thereof, the Building Official, after having ascertained the cost may take action to cause such building, structure, electrical, gas, mechanical or plumbing system or portion thereof, to be demolished, secured, repaired, or required to remain vacant or unused. Taking such 1090 75 Table of Contents action does not create a continuing obligation on the part of the Building Official to continue with maintaining such building, structure, or system; or create liability for any damage to the property. 116.1.4 The decision of the Building Official shall be final in cases of emergency, which, in the opinion of the Building Official, involve imminent danger to human life or health, or the property of others. He/she shall promptly cause such building, structure, electrical, gas, mechanical or plumbing system or portion thereof to be made safe or cause its removal. For this purpose, he/she may at once enter such structure or land on which it stands, or abutting land or structures, with such assistance and at such cost as he may deem necessary. He/she may order the vacating of adjacent structures and may require the protection of the public by appropriate fence or such other means as may be necessary, and for this purpose may close a public or private way. 116.2 Reserved. 116.3 Administrative fines; costs to repair; liens. Costs incurred under sections 116.1.3 and 116.1.4 shall be charged to the owner of the premises involved. If charges are not paid within a ten (10) day period following mailing of the billing notification sent by certified mail, the owner of the premises will be charged in the following manner: 1. The Building Official shall assess the entire cost of such vacation, demolition, securing, or removal against the real property upon which such cost was incurred, which assessment shall include but not be limited to all administrative costs, postal expenses, and shall constitute a lien upon such property superior to all others except taxes. 2. The Clerk of the Circuit Court shall file such lien in the County's Official Record Book showing the nature of such lien, the amount thereof and an accurate legal description of the property, including the street address, which lien shall be effective from the date of filing and recite the names of all persons notified and interested persons. After three (3) months from the filing of any such lien which remains unpaid, the governing body may foreclose the lien in the same manner as mortgage liens are foreclosed. Such lien shall bear interest from date of abatement of nuisance at the rate of ten (10) percent per annum and shall be enforceable if unsatisfied as other liens may be enforced by the governing agency. 116.4 Appeal. The owner, agent, or person in control of an unsafe structure or system shall have the right to appeal the decision of the Building Official, as provided hereinafter, and to appear before the Building Board of Adjustments and Appeals at a specified time and place to show cause why they should not comply with said notice. Applicant shall apply for stay of demolition to the Construction Board of Appeals within 30 days of Unsafe Structure Notice. SECTION 117 VARIANCES IN FLOOD HAZARD AREAS 1091 76 Table of Contents 117.1 Flood hazard areas. Pursuant to section 553.73(5), Florida Statutes, the variance procedures adopted in the local floodplain management ordinance shall apply to requests submitted to the Building Official for variances to the provisions of section 1612.4 of the Florida Building Code, Building or, as applicable, the provisions of R322 of the Florida Building Code, Residential. This section shall not apply to section 3109 of the Florida Building Code, Building. SECTION 118 WIND LOADS (Section 1609, Florida Building Code) 118.1 The basic wind speed in miles per hour, for development of wind loads, shall be determined from figure 1609, said Basic Wind Speed for Boynton Beach as depicted on map Figure 1609A, Figure 1609B, and Figure 1609C is hereby added to this code. SECTION 119 SEVERABILITY 119.1 If any section, subsection, sentence, clause or phrase of this code is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code. 1092 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; 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. Proposed Ordinance An Ordinance of the City of Boynton Beach, Florida, Amending the Boynton Beach Administrative Amendments to the 8th Edition (2023) of the Florida Building Code. 1093 Page 2 of 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. A summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals, and welfare): Ordinance of the City of Boynton Beach, Florida, Amending the Boynton Beach Administrative Amendments to the 8th Edition (2023) of the Florida Building Code. 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: No Impact (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible: No Impact (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): 1094 City of Boynton Beach Agenda Item Request Form 10.B Regular Agenda 10/15/2024 Meeting Date: 10/15/2024 Proposed Resolution No. R24-263- Award and approve a Piggyback Agreement with American Traffic Solutions, Inc., DBA Verra Mobility, utilizing the City of Tampa contract RFP #611122923, for services related to Speed Detection Camera Systems for School Zones subject to the final approval of the piggyback agreement from the City Attorney's Office. Requested Action: Staff recommends approval of Proposed Resolution No. R24-263. Explanation of Request: House Bill 657 was approved by the Florida Legislature and allows for the use of speed detection cameras within school zones. On March 7, 2024, the City of Tampa issued Request for Proposal (RFP) # 61122923 for AUTOMATED SPEED DETECTION FOR SCHOOL ZONE SAFETY ENFORCEMENT, with a submission deadline set for April 14, 2024. In response to this announcement, the City of Tampa received four proposals. An evaluation committee was convened to assess the submissions, and, after thorough consideration of the criteria outlined in the RFP, determined that Verra Mobility offered the most advantageous solution for the City. At the City Commission meeting on September 23, 2024, the Commission directed staff to investigate viable piggyback options for services related to Speed Detection Camera Systems in School Zones. This evening, staff has completed the requested research and seeks the City Commission's approval to award and establish a Piggyback Agreement with American Traffic Solutions, Inc., d/b/a Verra Mobility, utilizing the City of Tampa's contract RFP #611122923 subject to the final approval of the piggyback agreement from the City Attorney's Office. The City of Boynton Beach now seeks to utilize this contract. Per the City Boynton Beach's Purchasing Policy Manual, X. ALTERNATIVES TO FORMAL SEALED BIDS 8. Piggy-backing is encouraged when it is determined that this method of Purchasing will provide the best product/service at the best price without compromising any of the specifications or quality desired and the originating entity complied with requirements that are equal to or exceed the City's requirements. Staff recommends piggybacking the City of Tampa RFP with Verra Mobility for the following reasons: 1095 Force multiplier regarding school zone safety. The contract between the City of Tampa and Verra Mobility expires five years from the final go-live date with automatic renewals for two consecutive 1-year terms The City of Boynton Beach has had a positive relationship with Verra Mobility since 2011. Staff's familiarity with the backend software with Verra Mobility for the continuity of operations. Evaluation shows revenue structure benefits the City of Boynton Beach residents more positively vs. other piggyback options. How will this affect city programs or services? The implementation of the School Zone Speed Detection System will assist with protecting the health, safety, and welfare of the citizens of Boynton Beach, especially the City's children, as they come and go to school daily. Fiscal Impact: Revenue generated from fines collected will be tracked in a separate account and used for public safety, pursuant to Florida State Statute. Attachments: Agenda_Item_2238-2023_Resolution_for_American_Traffic_Solutions_piggyback (2).docx Piggyback Agreement - Verra Mobilty.docx Boynton Beach FL Verra Mobility.Proposal 10.9.24 #2.pdf Photo Enforcment Services Agreement tampa (1).pdf REDACTED Verra Mobility_Main Solicitation Response_61122923.pdf RFP - Automated Speed Detection For School Zone Safety Enforcement 3.7.24.pdf Report from GetAll Evaluator Comments.pdf Legal Ad.pdf Sunbiz.pdf 1096 RESOLUTION NO. R24-2631 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, AWARDING AND APPROVING A PIGGYBACK 4 AGREEMENT WITH AMERICAN TRAFFIC SOLUTIONS, INC., D/B/A5 VERRA MOBILITY, UTILIZING THE CITY OF TAMPA CONTRACT RFP 6 #611122923, FOR SERVICES RELATED TO SPEED DETECTION CAMERA 7 SYSTEMS FOR SCHOOL ZONES, IN FORM AND SUBSTANCE AS 8 APPROVED BY THE CITY ATTORNEY’S OFFICE; AND FOR ALL OTHER 9 PURPOSES. 10 11 WHEREAS, House Bill 657 was approved by the Florida Legislature and allows for the use 12 of speed detection cameras within school zones; and 13 WHEREAS, the City adopted Ordinance No. 24-010 upon second reading on May 7, 2024,14 Amending Part II, Chapter 14, by creating Sec. 14.6 of the Code of Ordinances; Declaring Purpose 15 and Intent; Authorizing placement and installation of a School Zone Speed Detection System, 16 providing for the implementation of General Law and designation of Local Hearing Officer; Making17 findings regarding relevant traffic data and evidence warranting additional enforcement18 procedures and designating School Zone Speed Detection System locations, which constitute a 19 heightened safety risk; and20 WHEREAS, On March 7, 2024, the City of Tampa issued Request for Proposal (RFP) No.21 61122923 for Automated Speed Detection for School Zone Safety Enforcement, with a submission 22 deadline set for April 14, 2024. In response to this announcement, the City received four proposals. 23 An evaluation committee was convened to assess the submissions, and after thorough 24 consideration of the criteria outlined in the RFP, it was determined that Verra Mobility offered the 25 most advantageous solution for the City of Tampa; and26 WHEREAS, per the City Boynton Beach's Purchasing Policy Manual, X. Alternatives to 27 Formal Sealed Bids 8. Piggy-backing is encouraged when it is determined that this method of 28 Purchasing will provide the best product/service at the best price without compromising any of 29 the specifications or quality desired and the originating entity complied with requirements that 30 are equal to or exceed the City's requirements; and31 WHEREAS, the City desires to piggyback the City of Tampa contract for services related 32 to speed detection camera systems for school zones with the reduced pricing described in 33 1097 attached “Exhibit A”; and34 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 35 best interests of the City's citizens and residents to award and approve a Piggyback Agreement 36 with American Traffic Solutions, Inc., d/b/a Verra Mobility, utilizing the City of Tampa contract RFP 37 #611122923, for services related to Speed Detection Camera Systems for School Zones, in form 38 and substance to be approved by the City Attorney’s office.39 40 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 41 BEACH, FLORIDA, THAT:42 SECTION 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 43 being true and correct and are hereby made a specific part of this Resolution upon adoption.44 SECTION 2.The City Commission of the City of Boynton Beach, Florida, does hereby 45 award and approve a Piggyback Agreement with American Traffic Solutions, Inc., d/b/a Verra 46 Mobility, utilizing the City of Tampa contract RFP #611122923, for services related to Speed 47 Detection Camera Systems for School Zones in form and substance to be approved by the City 48 Attorney’s office with the reduced pricing as described in attached “Exhibit A.”49 SECTION 3.The City Commission of the City of Boynton Beach, Florida, hereby 50 authorizes the Mayor to execute the Piggyback Agreement with reduced pricing after approval by 51 the City Attorney’s Office. The Mayor is further authorized to execute any ancillary documents 52 required under the Agreement or necessary to accomplish the purposes of the Agreement and 53 this Resolution.54 SECTION 4.This Resolution shall take effect in accordance with law.55 [signatures on the following page]56 57 1098 PASSED AND ADOPTED this ______________ day of ______________________________ 2024.58 CITY OF BOYNTON BEACH, FLORIDA59 YES NO60 Mayor – Ty Penserga __________61 62 Vice Mayor – Aimee Kelley __________63 64 Commissioner – Angela Cruz __________65 66 Commissioner – Woodrow L. Hay __________67 68 Commissioner – Thomas Turkin __________69 70 VOTE ______71 ATTEST:72 73 ___________________________________________________________74 Maylee De Jesús, MPA, MMC Ty Penserga75 City Clerk Mayor76 77 APPROVED AS TO FORM:78 (Corporate Seal)79 80 _______________________________81 Shawna G. Lamb82 City Attorney83 1099 Piggyback Contract – AMERICAN TRAFFIC SOLUTIONS, INC. DBA VERRA MOBILITY 1 PIGGYBACK AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND AMERICAN TRAFFIC SOLUTIONS, INC. DBA VERRA MOBILITY This Piggyback Agreement is made as of this __ day of _____________, 2024, by and between AMERICAN TRAFFIC SOLUTIONS, INC., a Foreign Profit Corporation DBA Verra Mobility, with a principal address of 1150 N. Alma School Road Mesa, AZ 85201 hereinafter referred to as “Vendor.”, and the City of Boynton Beach, a municipal corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Avenue, Boynton Beach, Florida 33435, hereinafter referred to as “City.” RECITALS WHEREAS,on March 7, 2024, the City of Tampa, Florida, issued a “Request for Proposal” (RFP) to solicit responses from qualified firms to implement a photo enforcement program to enforce specified traffic speed violations designated in school speed zones; and WHEREAS,on April 15, 2024,the City of Tampa’s RFP closed with four vendor proposal responses; and WHEREAS, An evaluation committee was convened to assess the submissions, and after thorough consideration of the criteria outlined in the RFP, it determined that AMERICAN TRAFFIC SOLUTIONS, INC. DBA Verra Mobility offered the most advantageous solution for the City of Tampa; and WHEREAS,the City of Tampa contract expires five years from the final go-live date with automatic renewals for two consecutive 1-year terms.; and WHEREAS, the City of Boynton Beach desires to implement a similar photo enforcement program to enforce specified traffic speed violations designated in school speed zones (“Services”); and WHEREAS,the City’s Purchasing PolicySection 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,staff recommends that the City Commission approve this piggyback agreement, citing the strong relationship with the vendor established since 2011, as well as the team's familiarity with Verra Mobility's backend software, which ensures continuity of operations and 1100 Piggyback Contract – AMERICAN TRAFFIC SOLUTIONS, INC. DBA VERRA MOBILITY 2 WHEREAS, The vendor has submitted an initial proposal for services and, following negotiations with staff, has agreed to lower rates, presenting the most advantageous solution and the best interest of the City, as detailed in the attached Exhibit “A;” and WHEREAS,the City and Vendor have decided to allow the City to piggyback the Master Agreement, a copy of which is attached as Exhibit “B;” and. WHEREAS, the City desires to issue a purchase order and payment directly to the Vendor for Services under the terms and conditions of the Master Agreement; and 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 in this Agreement. 2. TERM:The term of this Agreement commences on full execution by the parties and will remain in effect five years from the final go-live date with automatic renewals for two consecutive 1-year terms. 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 complete the Services, as provided in the Vendor’s Proposal attached as Exhibit “A” on the same terms and in the same manner as set forth in the Master Agreement, except as otherwise provided herein. All recitals, representations, and warranties of Vendor made by Vendor in the Master Agreement are restated as if set forth fully herein, made for the benefit of the City, and incorporated herein, except that all references to the “City of Tampa” are hereby replaced with the “City of Boynton Beach.” The Vendor agrees to offer the City the negotiated rates described in Exhibit “A.” 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 1101 Piggyback Contract – AMERICAN TRAFFIC SOLUTIONS, INC. DBA VERRA MOBILITY 3 Telephone: (561) 742-6010 / Facsimile: (561) 742-6090 5. INVOICES AND PAYMENT:Invoices must identify the PO number and should be mailed to: Boynton Beach Finance Department Attn: Accounts Payable P.O. Box 310 Boynton Beach, FL 33425. Invoices shall show the nature of the service and dates(s) of service. Invoices based on hourly rates shall show the actual hours worked, person performing services, nature of the service, hourly rate, and dates(s) of service. Invoices may be submitted no more frequently than monthly. However, all services rendered prior to September 30th of any given year are required to be invoiced by September 30th of that year. Vendor shall provide W-9 with first invoice. The fee shall be paid based on receipt of a proper invoice in accordance with the invoice schedule indicated above. Payment will be made within 45 days of receipt of a proper invoice in accordance with the Local Government Prompt Payment Act, Section 218.70, et al., Florida Statutes. No payment made under this Agreement shall be conclusive evidence of the performance of this Agreement by Vendor, either wholly or in part, and no payment shall be construed to be an acceptance of or to relieve Vendor of liability for the defective, faulty or incomplete rendition of the Services. 6. TAX EXEMPT:Prices applicable to City do not include applicable state and local sales, use, and related taxes. The City is exempt from state and local sales and use taxes and shall not be invoiced for the same. Upon request, City will provide Vendor with proof of tax- exempt status. 7. SOVEREIGN IMMUNITY:Nothing contained in this Agreement nor contained herein shall be considered nor construed to waive City’s rights and immunities under the common law or section 768.28, Florida Statutes, as may be amended. 8. ATTORNEY’S FEES:In the event that either Party brings suit for enforcement of the Agreement, each Party shall bear its own attorney's fees and court costs. 9. PUBLIC RECORDS: Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is a public agency subject to Chapter 119, Florida Statutes. The Vendor shall comply with Florida’s Public Records Law. Specifically, the Vendor shall: A. Keep and maintain public records required by the City to perform the service; B. Upon request from the City’s custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a 1102 Piggyback Contract – AMERICAN TRAFFIC SOLUTIONS, INC. DBA VERRA MOBILITY 4 reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Vendor shall destroy all copies of such confidential and exempt records remaining in its possession once the Vendor transfers the records in its possession to the City; and D. Upon completion of the contract, Vendor shall transfer to the City, at no cost to the City, all public records in Vendor’s possession All records stored electronically by Vendormust 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 Vendorfurther certifies that Vendoris 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 1103 Piggyback Contract – AMERICAN TRAFFIC SOLUTIONS, INC. DBA VERRA MOBILITY 5 result in termination of this Agreement. Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. If this Agreement is terminated for a violation of the statute by Vendor, Vendor may not be awarded a public contract for a period of one (1) year after the date of termination. 12. DISPUTES:Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 13. EXECUTION OF THE AGREEMENT:This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts, which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes. Each person signing this Agreement on behalf of either Party individually warrants that he or she has full legal power to execute the Addendum on behalf of the Party for whom he or she is signing and to bind and obligate such Party with respect to all provisions contained in this Agreement 14. TERMINATION FOR CONVENIENCE:This Agreement may be terminated by the City for convenience upon fourteen (14) calendar days of written notice by the terminating party to the other party for such termination in which event the Vendor shall be paid its compensation for services performed to the termination date, including services reasonably related to termination. In the event that the Vendor abandons the Agreement or causes it to be terminated, the Vendor shall indemnify the City against loss pertaining to this termination. 15. TERMINATION FOR CAUSE: In addition to all other remedies available to City, this Agreement shall be subject to cancellation by City for cause, should Vendor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) calendar days’ after receipt by Vendor of written notice of such neglect or failure. 16. INDEMNIFICATION:Vendor shall indemnify and hold harmless the City, its elected and appointed officers, agents, assigns and employees, consultants, separate Vendors, any of their subcontractors, or sub-subcontractors, from and against claims, demands, or causes of action whatsoever, and the resulting losses, damages, costs, and expenses, including but not limited to attorneys’ fees, including paralegal expenses, liabilities, damages, orders, judgments, or decrees, sustained by the City arising out of or resulting from (A) Vendor’s performance or breach of Agreement, (B) acts or omissions, negligence, recklessness, or intentional wrongful conduct by Vendor’s, its agents, employees, subcontractors, participants, and volunteers, and (C) Vendor’s failure to take out and maintain insurance as required under this Agreement. Vendor’s shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits, or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys’ fees which may issue thereon. The obligations of this section shall survive indefinitely regardless of termination of the Agreement. 17. INSURANCE:At the time of execution of this Agreement, Vendor shall provide the City with a copy of its Certificate of Insurance reflecting the insurance coverage required by the 1104 Piggyback Contract – AMERICAN TRAFFIC SOLUTIONS, INC. DBA VERRA MOBILITY 6 Master Agreement. The Certificate of Insurance shall name the City of Boynton Beach, and its officers, employees and agents as an additional insured. 18. LIMITATION OF LIABILITY:Notwithstanding any provision of the Agreement to which it is applicable, City shall not be liable or responsible to Vendor beyond the amount remaining due to Vendorunder theAgreement, regardless of whether said liability be based in tort, contract, indemnity or otherwise; and in no event shall City be liable to Vendor for punitive or exemplary damages or for lost profits or consequential damages. 19. INDEPENDENT CONTRACTOR:The Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that Vendor is an independent contractor pursuant to the Agreement and shall not be considered the City’s employee for any purpose. 20. COMPLIANCE WITH LAWS:Vendor hereby warrants and agrees that at all times material to the Agreement, Vendor shall perform its obligations in compliance with all applicable federal, state, and local laws, rules, and regulations, including section 501.171, Florida Statutes. Non-compliance may constitute a material breach of the Agreement. 21. ASSIGNMENT:In the event this Agreement and any interests granted herein shall be assigned, transferred, or otherwise encumbered, under any circumstances by Vendor, Vendor must gain prior written consent from City thirty (30) business days before such transfer. For purposes of this Agreement, any change of ownership of Company shall constitute an assignment that requires City’s approval. Notwithstanding the foregoing, Vendor may, without City’s consent, assign this Agreement in whole or in part as part of a corporate reorganization, consolidation, merger, or sale of substantially all of its assets related to this Agreement. Vendor shall provide City written notice of any such corporate reorganization, consolidation, merger, or sale of substantially all of its assets related to this Agreement within thirty (30) calendar days of such event. 22. AGREEMENT SUBJECT TO FUNDING:The Agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Boynton Beach in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. Early termination by City due to loss of funding shall not obligate Vendor to refund any prepaid fees. 23. ENTIRE AGREEMENT.The Agreement, including the Master Agreement, sets forth the entire Agreement between the City and the Vendor with respect to the subject matter of this Agreement. This Agreement supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the parties. This Agreement may not be modified except by the parties’ mutual agreement set forth in writing and signed by the parties. 24. SEVERABILITY.If any provision of this Agreement or application thereof to any person or situation shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable, shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 1105 Piggyback Contract – AMERICAN TRAFFIC SOLUTIONS, INC. DBA VERRA MOBILITY 7 25. 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. Signature Page to follow 1106 Piggyback Contract – AMERICAN TRAFFIC SOLUTIONS, INC. DBA VERRA MOBILITY 8 IN WITNESS OF THE FOREGOING,the parties have set their hands and seals the day and year first written above. CITY OF BOYNTON BEACH, FLORIDA AMERICAN TRAFFIC SOLUTIONS, INC. DBA VERRA MOBILITY _________________________________ ________________________________ Daniel Dugger, City Manager Approved as to Form: __________________________________ (Signature), Company ________________________________ Print Name of Authorized Official ________________________________ Title Shawna G. Lamb, City Attorney Attested/Authenticated: __________________________________ Maylee DeJesus, City Clerk (Corporate Seal) Attest/Authenticated: _________________________________ (Signature), Witness __________________________________ Print Name 1107 Piggyback Contract – AMERICAN TRAFFIC SOLUTIONS, INC. DBA VERRA MOBILITY 9 EXHIBIT “A” VENDOR’S PROPOSAL 1108 Piggyback Contract – AMERICAN TRAFFIC SOLUTIONS, INC. DBA VERRA MOBILITY 10 EXHIBIT “B” AGREEMENT BETWEEN CITY OF TAMPA AND AMERICAN TRAFFIC SOLUTIONS, INC. DBA VERRA MOBILITY WITH ALL BACKUP 1109 School Zone Speed Photo Enforcement Services October 8, 2024 Prepared for: City of Boynton Beach, FL Submitted by Verra Mobility 1150 North Alma School Road Mesa, Arizona 85201 Phone: 480.443.7000 Fax: 480.596.4501 www.verramobility.com Point of Contact: Edward Tiedje Vice President, Regional Accounts Phone: 480-393-6668 Edward.tiedje@verramobility.com 1110 Proposal for City of Boynton Beach School Zone Speed Photo Enforcement Services Page 2 ©2024 Verra Mobility™ October 8, 2024 Andrew Rozwadowski City of Boynton Beach 100 E Ocean Ave Boynton Beach, FL 33435 Re: Verra Mobility School Zone Speed Photo Enforcement Proposal Dear Andrew Rozwadowski: American Traffic Solutions, Inc. doing business as Verra Mobility (Verra Mobility), is pleased to present this proposal to the City of Boynton Beach. Headquartered in Mesa, Arizona with 1,900 employees amongst all subsidiaries and affiliates, Verra Mobility has installed, maintained, operated photo enforcement systems with industry-leading technology that positively impacts driver behavior and enhances road safety. Verra Mobility operates over 10,000 red light, speed, stop arm and bus lane safety cameras for nearly 275 communities of which 80 are speed programs throughout North America. In Florida alone, we support photo enforcement programs for 31 municipalities, 8 of which are contracted for School Zone Speed. As America’s—and Florida’s—number-one provider of photo enforcement programs, we believe we have the School Zone Speed camera solution that will help the City improve community safety. In addition, our qualifications and the experience will help you rest assured that your program will be implemented and supported by a trusted and knowledgeable team. Verra Mobility is happy to offer the City an option to piggyback on our current Tampa FL Contract, RFP #61122923, which was a competitive RFP win. We would honor the negotiated pricing as described below. Fixed School Safety Camera Speed Detection System Per Camera System fee is based on the first two (2) paid Citations per Camera System per day (based on 20 day school day month for all 12 months of the year and on $60.00 per paid Citation retained by City) on average across all operational units and then $6.00 for each additional paid Citation (i.e. 10% of remaining City retained Program Revenue)* Certified Mailing Fee for Uniform Traffic Citation (UTC) and subsequent Notice Mailing Fee US Postal Service cost plus $2.00 per page per notice 1111 Proposal for City of Boynton Beach School Zone Speed Photo Enforcement Services Page 3 ©2024 Verra Mobility™ We are both excited and humbled by the prospect of continuing to serve the City of Boynton Beach as a partner in making the City a safer place to live, work and play. Should you have any questions or need additional clarifications on our proposal, please contact Edward Tiedje, Vice President at 480-393-6668 or Edward.tiedje@verramobility.com. Sincerely, Edward Tiedje Vice President, Regional Accounts 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151 1152 Request for Proposal Automated Speed Detection for School Zone Safety Enforcement RFP No. 61122923 April 15, 2024 Redacted Copy Prepared for: City of Tampa Submitted by: Verra Mobility 1150 North Alma School Road Mesa, Arizona 85201 Phone: 480.443.7000 Fax: 480.596.4501 www.verramobility.com 1153 Request for Proposal Automated Speed Detection For School Zone Safety Enforcement RFP No. 61122923 Date: April 15, 2024 Prepared for: City of Tampa Submitted by: Verra Mobility 1150 North Alma School Road Mesa, Arizona 85201 Phone: 480.443.7000 Fax: 480.596.4501 www.verramobility.com Point of Contact: Placido Diaz Senior Account Manager Cell: 689.777.9609 Fax: 480.596.4501 Placido.Diaz@verramobility.com The following proposal may contain proprietary and trade secret information including but not limited to processes, unique features, instructions, and conceptualizations that are the sole property of Verra Mobility. Pages containing such information that may be exempt from public disclosure are identified by the red “Proprietary and Confidential” stamp. The descriptions of the Verra Mobility solutions and services included in this proposal are based on our current practices. We strive to improve the solutions and services that we deliver to our customers, and as a result, we reserve the right to modify our solutions and services from time to time so long as we continue to meet the terms and conditions of our agreement with you. ©2024 Verra Mobility 1154 April 11, 2024 DeAnna Faggart, NIGP-CPP, CPPO, Director Purchasing Department City of Tampa 2555 East Hanna Ave Tampa, Florida 33610 Office (813) 274-8351 Fax: (813) 274-8355 Re: Response to Automated Speed Detection for School Zone Safety Enforcement, RFP #61122923 Dear DeAnna Faggart: American Traffic Solutions, Inc. doing business as Verra Mobility (Verra Mobility)1, shares the City of Tampa’s desire to implement a successful speed detection system to lower the amount of speeding in the City and make roadways safer for the children and all that pass- through school zones every day. We are pleased to present this proposal in response to the City’s RFP No. 611122923 – Automated Speed Detection for School Zone Safety Enforcement. Verra Mobility has installed, maintained, and operated automated enforcement systems for more than 20 years with industry-leading technology that positively impacts driver behavior and enhances road safety. Our company has been photo enforcement safety partners for clients throughout Florida for more than 15 years. We currently partner with the City of Tampa as your full-service red light provider. We are the only vendor who brings more than 13 years of proven automated enforcement experience within the City delivering a model program that has resulted in substantially safer streets. With over 1,700 employees among all affiliates, our team offers abundant resources, including account managers, implementation specialists, engineers, solution architects and developers, and IT. We look forward to continuing our strong partnership with the City. The following is an overview of why Verra Mobility is the best choice for the City of Tampa. History of Verra Mobility Verra Mobility was incorporated in 1992 as Traffic Electronics Corporation. In 2003, the company changed its name to American Traffic Solutions, Inc., to begin operating as a photo enforcement company, and relaunched as Verra Mobility in 2018. In 2021, VM Consolidated, Inc., parent company of American Traffic Solutions, Inc., acquired Redflex Holdings Limited (now known as Redflex Holdings Pty Ltd) to accelerate its portfolio of 1 VM Consolidated, Inc., direct parent company to American Traffic Solutions, Inc. acquired Redflex Holding Limited (now known as Redflex Holdings Pty Ltd) in June 2021. American Traffic Solutions, Inc. and Redflex Holdings Pty Ltd and their subsidiaries operate as one business unit of Verra Mobility Corporation, our ultimate parent company. Verra Mobility Corporation is a public company registered with the U.S. Securities and Exchange Commission with its shares traded on Nasdaq under the trading symbol VRRM. 1155 Letter to the City of Tampa 4/11/2024 Page 2 innovative transportation solutions that it can offer to communities around the globe looking to build safer cities. Today, Verra Mobility is an established leader in developing and implementing intelligent traffic management products and services. These include speed camera, red light camera, and school bus stop-arm camera systems, all of which use advanced sensor and image capture technologies that enable the active management of state and local motorways. We continuously drive the latest innovations within the ever-evolving smart mobility industry. Qualifications and Experience Together with our affiliates, our traffic safety programs encompass more than 9,000 speed, red-light, stop-arm, and bus lane safety cameras across the United States and Canada. Of equal importance to our experience is our reputation with our clients, which the City can confirm by contacting our references. In addition to our qualifications and experience with photo enforcement programs, Tampa can count on our financial strength and willingness to implement new technology in support of the program. Verra Mobility Corporation, the ultimate parent company of Verra Mobility, is a financially stable company that has the resources for Verra Mobility’s Government Solutions division to implement and support the County’s program. We have also assigned a team with heavy experience working in Florida led by a Director of Account Management who has personally served all of our state safety partners for the past 12 years. Our resources are centrally located and perfectly positioned to provide service and support Tampa. Highlights of Our Proposal Intimate Knowledge of Florida Photo Enforcement Programs: Verra Mobility has previous contracting experience with Tampa and currently supports photo enforcement programs in ten counties in the State of Florida, including three separate accounts within Broward County for Davie, Sunrise, and West Park. Our proposed Director of Account Management, Orlando Torres, is located in Broward County and brings more than 16 years of applicable experience supporting similar programs in the state. Orlando is supported by a full team of experts and subcontractors, many of whom are based in the state and are positioned to provide immediate service. Industry-Leading Imaging Technology: The proposed solution is based on an in- depth understanding of speed enforcement and operation in the State of Florida. Our tailored system will provide Tampa with a high-quality, high-value solution for all school zone enforcement purposes that have been outlined in the RFP. With advanced radar technology, multiple high-definition range cameras, and high resolution 1080p video cameras, our systems use advanced imaging capabilities to deliver reliably clear imaging in all light and weather conditions. Superior Vehicle Detection: Our solution uses proprietary radar algorithms that successfully distinguish between similar types of vehicles, vehicles traveling at the same speed and vehicles that are closely clustered, which allows for the independent capture of more simultaneous events. As a result, we can successfully track more vehicles across more lanes of traffic leading to greater event capture and greater safety improvements. Robust Back-Office Platform: We have drawn on our and our affiliates’ decades of experience in photo enforcement, case management processing, and operational experience 1156 1157 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 1 ©2024 Verra Mobility™ | Proprietary and Confidential Table of Contents Proposal Submittal Check List ................................................................................. 2 Tab 1. Addenda ....................................................................................................... 3 Tab 2. Florida Public Records Law ........................................................................... 4 Tab 3. Conflict of Interest ....................................................................................... 5 Tab 4. Response to Proposal ................................................................................... 6 Tab 5. Section I, Scope of Services .......................................................................... 9 Tab 6. References .................................................................................................. 96 Tab 7. General Statement of Experience. .............................................................. 99 Tab 8. General Operating Procedures & Guidelines (Management Plan, Operations Plan, Quality Control Plan). ......................................................................... 101 Tab 9. Sub-Contracting Submittals. ..................................................................... 109 Tab 10. Compensation. ........................................................................................ 114 Tab 11. Proposer's Affidavit. ............................................................................... 114 Tab 12. Proposal Signature Form. ....................................................................... 114 Tab 13. Documentation. ...................................................................................... 114 Tab 14. Exceptions to RFP. .................................................................................. 114 Appendices .......................................................................................................... 115 1158 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 2 ©2024 Verra Mobility™ | Proprietary and Confidential Proposal Submittal Check List Please see our completed Proposal Submittal Check List on the following page. 1159 54 ATTACHMENT A - PROPOSAL SUBMITTAL CHECK LIST The Proposer is cautioned to read and become familiar with all sections of the City of Tampa’s (City) RFP package. Failure to do so may result in the submission of an irregular RFP response by the Proposer resulting in its possible rejection by the City. The following itemized checklist identifies various items that are mandatory requirements in order to accept the Proposer’s response to the City’s RFP. No representation is made that the following checklist is a complete guide to every requirement for consideration by the Proposer. It is the responsibility of the Proposer to complete the Check List, identify the proposal page number and submit in the proposal under Section II. General Conditions, Section 14. Content of Proposal. MANDATORY REQUIREMENTS PAGE NUMBER IN PROPOSAL TAB 1 ADDENDA TAB 2 FLORIDA PUBLIC RECORDS LAW ATTACHMENT B. Form is filled out and executed. TAB 3 CONFLICT OF INTEREST ATTACHMENT C. Form is filled out and executed. TAB 4 RESPONSE TO PROPOSAL TAB 5 SECTION 1, SCOPE OF SERVICES TAB 6 REFERENCES TAB 7 GENERAL STATEMENT OF EXPERIENCE TAB 8 GENERAL OPERATING PROCEDURES & GUIDELINES (MANAGEMENT PLAN, OPERATIONS PLAN, QUALITY CONTROL PLAN, ETC…. TAB 9 SECTION IV. SUB-CONTRACTING FORMS Form MBD 10 - Solicited Form is filled out and executed. Form MBD 20 - Utilized Form is filled out and executed. Failure to submit these forms shall result in your bid being deemed as “non-responsive” TAB 10 COMPENSATION SECTION III. PROPOSER’S AFFIDAVIT FORM (TAB 11) Form is filled out, executed and notarized. SECTION III. PROPOSAL SIGNATURE FORM (TAB 12) Form is filled out and executed. TAB 13 Proposer’s Criminal History Screening Practices, documentation if applicable ______________ Proposal is submitted in the format required under Section 14. Content of Proposal? 3 4 5 6-8 106-113 9 - 95 96 - 98 99 - 100 109 - 113 109 - 113 Uploaded as standalone document Uploaded under Solicitation Submittals Uploaded under Solicitation Submittals Uploaded as standalone document 1160 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 3 ©2024 Verra Mobility™ | Proprietary and Confidential Tab 1. Addenda Tab 1. Addenda. Include a copy of the addendum, or addenda associated with the RFP, if applicable. Incomplete proposals will not be considered. Please see our completed addenda documentation on the following pages. 1161 ALL FIRMS ON RFP LIST REF: City of Tampa RFP, dated MARCH 7, 2024_______________________________________ RFP for Furnishing: AUTOMATED SPEED DETECTION FOR SCHOOL ZONE SAFETY ENFORCEMENT, RFP #61122923 _ To Be Opened: APRIL 5, 2024 @ 3:00 PM ___________________ SUBJECT: ADDENDUM NO. 1 APRIL 2, 2024 _________________ -------------------------------------------------------------------------------------------------------------------------------------------- Please note the RFP opening date and time has been changed to APRIL 15, 2024 @ 2:00PM. Please make the following change(s): 1. In Section I. SCOPE OF SERVICES, Section 5. PROJECT REQUIREMENTS, Sub-section 5.27, change remove and replace with the following: 5.27 Maintaining all SDS systems and components including but not limited to equipment, infrastructure, signs, and any computer hardware, software, or web applications which may be necessary during the term of contract. Providing the option to update equipment and technology during the term of the contract as new technology becomes available. Ensure all hosting platforms are secure and meet all requirements of City’s Cloud Hosting Policy. 2. In Section I. SCOPE OF SERVICES, Section 15. EVALUATION OF PROPOSALS, Sub-section 15.1, EVALUATION CRITERIA, remove and replace with the following: EVALUATION CRITERIA MAXIMUM POINT VALUES Qualifications & Experience of Firm & Staff 20 points Responsiveness to the Scope of Services 25 points Service & Support 10 points Suitability of Proposed Equipment 5 points Proposal cost/ Revenue Share 20 points WMBE 20 points TOTAL POINTS 100 points Purchasing Department DeAnna Faggart, NIGP-CPP, CPPO, CPPB, Director 2555 E Hanna Avenue Tampa, Florida 33610 Office (813) 274-8351 Fax: (813) 274-8355 1162 3.In Section I. SCOPE OF SERVICES, Section 8. QUALIFICATIONS, Sub-section 8.1, remove and replace with the following: 8.1 Proposer must provide references from five or more operational cities, counties, states or provinces of similar size to the City in order to document successful deployment of vendor’s proposed school speed zone detection technology and system solution. The references must be operating an outsourc ed program using the same equipment and technology proposed herein. The list for each reference shall include: -Agency/Jurisdiction Name and Address; -Contracting Officer and Contact Information (Telephone Number and E-mail Address); -Technical Representative and Contact Information (Telephone Number and E -mail Address); and -Written description of the specific services provided 4.In Section I. SCOPE OF SERVICES, Section 14. CONTENTS OF PROPOSALS, Sub-section 14.2, Tab 14 through 18, please disregard, including all references to forms and documents identified therein. 5.In Section I. SCOPE OF SERVICES, Section 5. PROJECT REQUIREMENTS, Sub-section 5.42, remove and replace with the following: 5.42 Each system should be capable of detecting four traffic lanes at once as described under 5.1.6. Describe the system’s ability to accurately capture violations, providing a visual indication on the citation of the area in which the SDS LiDAR or radar contacted the vehicle. 6.In Section I. SCOPE OF SERVICES, Section 16. ADDITIONAL CONTRACT TERMS, Sub-section 16.2, remove and replace with the following: 16.2 Contract Term. The initial term of the contract shall be for five years from the acceptance and go- live date, and may by written mutual agreement, be renewed at the same terms and conditions for two additional one- year terms. 7.Please remove and replace page 55, Bidder’s Statement Regarding Bidder’s Criminal History Screening Practices form with the attached document provided herein with this Addendum, marked “ATTACHMENT #1”. By submitting a proposal, the Proposer authorizes the City to conduct reference investigations as needed. 1163 Acknowledgement of this Addendum is required if a proposal is being submitted. Refer to the RFP package under Section 14, Contents of Proposals, Subsection 14.2, Tab. 1 Addenda. Firm Name: ______________________________________________________________________________ Authorized Signature: __________________________________________ Date: _____________________ Sincerely, DeAnna Faggart, NIGP-CPP, CPPO, CPPB Purchasing Director American Traffic Solutions, Inc. dba Verra Mobility 4/11/2024 1164 “ATTACHMENT #1” Bidder’s Statement Regarding Bidder’s Criminal History Screening Practices: ☐ The Bidder hereby declines any discount or incentive related to Section 2 -284 Bidder's Criminal History Screening Practices. ☐ The Bidder hereby declines any discount or incentive related to Section 2-284 Bidder's Criminal History Screening Practices; however, Bidder has Criminal History Screening practices similar in nature to the practices contained in Chapter 12, Article VI, City of Tampa Code of Ordinances. ☐ The Bidder hereby applies for applicable discount or incentive related to Section 2-284 Bidder's Criminal History Screening Practices. The following documentation and assurances are provided: _ Notarized past employment analysis that includes the number of disadvantaged workers the bidder has hired in the past, or, if the bidder has never hired a disadvantaged worker, an explanation that the bidder made a good faith effort to hire a disadvantaged worker: and, _ An estimate of the number of disadvantaged workers that the bidder has hired or plans to hire if the bidder is awarded the project; and, _ Evidence that the bidder's recruitment literature and employment policy does not include language that is disadvantageous to a disadvantaged worker. _ Identifies, [ ]hereon [ ]in attached document, potential job opportunities under the project that may be available for disadvantaged workers if the City awards the Bidder the project; and, _ Agrees to consider for job placement at least one otherwise qualified disadvantaged worker, to the extent a job opportunity is available, if and after the Bidder is awarded the project; or _ The Bidder currently employs a percentage of disadvantaged workers consistent with industry standards as determined by the director of the soliciting department or designee. Firm Name: _______________________________________________________________________ Authorized signature: _________________________________________ Date: ________________ Name: _____ ___________________________ Title: _____ __________ American Traffic Solutions, Inc. dba Verra Mobility Jonathan Baldwin Executive Vice President, Government Solutions 4/11/2024 1165 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 4 ©2024 Verra Mobility™ | Proprietary and Confidential Tab 2. Florida Public Records Law Tab 2. Florida Public Records Law. Include a written acknowledgement of the Florida Public Records Law requirements from Section II. General Conditions, Section 1. General Information, Subsection 12.4 including executed copy of Attachment B – Public Records Declaration or Claim of Exemption. Please see our completed Florida Records Law form on the following pages. 1166 56 ATTACHMENT B - PUBLIC RECORD DECLARATION OR CLAIM OF EXEMPTION As a Proposer, any document you submit to the City of Tampa may be public record and be open for personal inspection or copying by any person. In Florida “public records” are defined as all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made, or received pursuant to law or ordinance or in connection with the transaction of official business by any agency. Section 119.011(11), F.S. A document is subject to personal inspection and copying unless it falls under one of the public records exemptions created under Florida law. Please designate what portion of your proposal, if any, qualifies to be exempt from inspection and copying: Note: Execute either section I. or II., but not both; Proposer may not modify language. Information regarding the Florida Public Records Law can be located in the RFP under Section II. General Conditions, Section 1. General Information, Subsection 14.4 Florida Public Records Law. I. NO EXEMPTION FROM PUBLIC RECORDS LAW No part of the proposal submitted is exempt from disclosure under the Florida public records law, Ch. 119, F.S. Proposer’s Signature Date II. EXEMPTIOM FROM PUBLIC RECORDS LAW AND AGREEMENT TO INDEMNIFY AND DEFEND THE CITY OF TAMPA The following parts of the proposal submitted are exempt from disclosure under the Florida public records law because: (list exempt parts and statutory citation): By claiming that parts of the proposal are exempt from the public records law, the undersigned Proposer agrees to protect, defend, indemnify, and hold the City of Tampa, its officers, employees, and agents free and harmless from and against any and all claims arising out of a request to inspect or copy the proposal. The undersigned Proposer agrees to investigate, handle respond to, provide defense (including payment of attorney fees, court costs, and expert witness fees and expenses up to and including any appeal) for and defend any such claim at its sole cost and expense through counsel chosen by the City of Tampa and agrees to bear all other costs and expenses related thereto, even if they (claims, etc.) are groundless, false, or fraudulent. Proposer’s Signature Date *Please see attachment for list 4/11/2024 1167 City of Tampa Automated Speed Detection For School Zone Safety Enforcement RFP#611122923 Page 1 ©2024 Verra Mobility™ | Proprietary and Confidential 1. Attachment 1 - Exemption from Public Records Law and Agreement to Indemnify and Defend the City of Tampa We cite the specific areas marked/redacted and include applicable legal grounds for confidential treatment in the table below. Section Page # Description of Content Rationale for Confidential Treatment Tab 4. Response to Proposal 6 Figure that shows active Florida photo enforcement Programs F.S. § 119.0715; 688.002(4) Trade Secret –Customer list. This information is confidential due to the potential for a competitor or other third party to recruit personnel and derive both a commercial and financial benefit. Tab 5. Section I, Scope of Services RFP Requirement: 5.15 29-30 Event processing Workflow F.S. § 119.0715; 688.002(4) Trade Secret – Screenshots of proprietary software, internal processes and workflow are confidential due to the potential for a competitor or other third party to receive and recreate or create a similar process/solution for commercialization and financial gain. All sample violation images and associated data are confidential, may include personally identifiable information, and are owned by the client who operates the system from which they were obtained. Tab 5. Section I, Scope of Services 32-34 Citation Processing Software images F.S. § 119.0715; 688.002(4) Trade Secret – Screenshots of proprietary software, 1168 City of Tampa Automated Speed Detection For School Zone Safety Enforcement RFP#611122923 Page 2 ©2024 Verra Mobility™ | Proprietary and Confidential Section Page # Description of Content Rationale for Confidential Treatment RFP Requirement: 5.15 internal processes and workflow are confidential due to the potential for a competitor or other third party to receive and recreate or create a similar process/solution for commercialization and financial gain. All sample violation images and associated data are confidential, may include personally identifiable information, and are owned by the client who operates the system from which they were obtained. Tab 5. Section I, Scope of Services RFP Requirement: 5.28 51 Figure 7 Verra Mobility Command Center Software Screenshot F.S. § 119.0715; 688.002(4) Trade Secret – Screenshots of proprietary software, internal processes and workflow are confidential due to the potential for a competitor or other third party to receive and recreate or create a similar process/solution for commercialization and financial gain. All sample violation images and associated data are confidential, may include personally identifiable information, and are owned by the client who operates the system from which they were obtained. Tab 5. Section I, Scope of Services 62-63 Figures 9-12 F.S. § 119.0715; 688.002(4) Trade Secret – Screenshots of proprietary software, 1169 City of Tampa Automated Speed Detection For School Zone Safety Enforcement RFP#611122923 Page 3 ©2024 Verra Mobility™ | Proprietary and Confidential Section Page # Description of Content Rationale for Confidential Treatment RFP Requirement: 5.58 internal processes and workflow are confidential due to the potential for a competitor or other third party to receive and recreate or create a similar process/solution for commercialization and financial gain. All sample violation images and associated data are confidential, may include personally identifiable information, and are owned by the client who operates the system from which they were obtained. Tab 5. Section I, Scope of Services RFP Requirement: 5.59 64 Figure 13 – Evidentiary Databar Information F.S. § 119.0715; 688.002(4) Trade Secret – Screenshots of proprietary software, internal processes and workflow are confidential due to the potential for a competitor or other third party to receive and recreate or create a similar process/solution for commercialization and financial gain. All sample violation images and associated data are confidential, may include personally identifiable information, and are owned by the client who operates the system from which they were obtained. Tab 5. Section I, Scope of Services 71 Event processing Workflow F.S. § 119.0715; 688.002(4) Trade Secret – Screenshots of proprietary software, 1170 City of Tampa Automated Speed Detection For School Zone Safety Enforcement RFP#611122923 Page 4 ©2024 Verra Mobility™ | Proprietary and Confidential Section Page # Description of Content Rationale for Confidential Treatment RFP Requirement: 5.82 internal processes and workflow are confidential due to the potential for a competitor or other third party to receive and recreate or create a similar process/solution for commercialization and financial gain. All sample violation images and associated data are confidential, may include personally identifiable information, and are owned by the client who operates the system from which they were obtained. Tab 5. Section I, Scope of Services RFP Requirement: 5.85 82-84 Report examples F.S. § 119.0715; 688.002(4) Trade Secret – All reports are proprietary and confidential due to the potential for a competitor or other third party to receive and recreate or create a similar output for commercialization and financial gain. Tab 5. Section I, Scope of Services 8.6 Current/Past Legal System Proceedings. 90-91 Matters Filed F.S. § 119.0715; 688.002(4) Trade Secret – Matters filed are confidential due to the potential for a competitor or other third party to derive both a commercial and financial benefit from the disclosure of this information. Tab 5. Section I, Scope of Services 10. IMPLEMENTATION 92 Timeline figure F.S. § 119.0715; 688.002(4) Trade Secret – Our proposed implementation solution and schedule are 1171 City of Tampa Automated Speed Detection For School Zone Safety Enforcement RFP#611122923 Page 5 ©2024 Verra Mobility™ | Proprietary and Confidential Section Page # Description of Content Rationale for Confidential Treatment confidential due to the potential for a competitor or other third party to receive and recreate or create a similar process/solution for commercialization and financial gain. Tab 5. Section I, Scope of Services 11.4 94 Timeline figure F.S. § 119.0715; 688.002(4) Trade Secret – Our proposed implementation solution and schedule are confidential due to the potential for a competitor or other third party to receive and recreate or create a similar process/solution for commercialization and financial gain. Tab 7. General Statement of Experience. 99 Figure that shows active Florida photo enforcement Programs F.S. § 119.0715; 688.002(4) Trade Secret – Client list / map are confidential due to the potential for a competitor or other third party to derive both a commercial and financial benefit from the disclosure of this information. Tab 7. General Statement of Experience. 100 Figure - Verra Mobility – North American Programs F.S. § 119.0715; 688.002(4) Trade Secret – Client list / map are confidential due to the potential for a competitor or other third party to derive both a commercial and financial benefit from the disclosure of this information. Tab 8. General Operating Procedures & Guidelines 101 Figure - Verra Mobility – Organizational Chart F.S. § 119.0715; 688.002(4) Trade Secret – Contains 1172 City of Tampa Automated Speed Detection For School Zone Safety Enforcement RFP#611122923 Page 6 ©2024 Verra Mobility™ | Proprietary and Confidential Section Page # Description of Content Rationale for Confidential Treatment (Management Plan, Operations Plan, Quality Control Plan. confidential information on personnel including organizational structure. This information is confidential due to the potential for a competitor or other third party to recruit personnel and derive both a commercial and financial benefit. Tab 9. Sub- Contracting Submittals. 109 - 113 and Forms MBD-10 and MBD 20 Subcontractor Information F.S. § 119.0715; 688.002(4) Trade Secret – This contains confidential information including teaming and subcontracting partners is confidential due to the potential for a competitor or other third party to derive both a commercial and financial benefit from the disclosure of this information. Tab 14. Exceptions to RFP. Tab 14 Section in its entirety F.S. § 119.0715; 688.002(4) Trade Secret – Proposed changes to contract terms/redlines are confidential due to the potential for a competitor or other third party to gain insight into our confidential business strategies, thereby providing competitors with both a commercial and financial benefit. Appendix 1 - Example School Zone Speed Study 116-139 Preliminary traffic data study completed for five City school zones. Specifically, Methodology (p.8) , Existing Conditions (p.8), Speed Data Analysis (Table 3 - F.S. § 119.0715; 688.002(4) Trade Secret – The Traffic Study is confidential due to the potential for a competitor or other third party to gain 1173 City of Tampa Automated Speed Detection For School Zone Safety Enforcement RFP#611122923 Page 7 ©2024 Verra Mobility™ | Proprietary and Confidential Section Page # Description of Content Rationale for Confidential Treatment p.9) and Analysis (Appendix B) insight into the methodology and techniques used by Verra Mobility to produce the study thereby providing competitors with both a commercial and financial benefit from the disclosure of this information. Appendix 2 – Sample Training Materials 140-142 Sample Training Materials F.S. § 119.0715; 688.002(4) Trade Secret – All training materials are proprietary and confidential due to the potential for a competitor or other third party to receive and recreate or create a similar output for commercialization and financial gain. Appendix 3 – Accuracy Study/Documentation 143-144 Accuracy Study/Documentation F.S. § 119.0715; 688.002(4) Trade Secret – All materials are proprietary and confidential due to the potential for a competitor or other third party to receive and recreate or create a similar output for commercialization and financial gain. 1174 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 5 ©2024 Verra Mobility™ | Proprietary and Confidential Tab 3. Conflict of Interest Tab 3. Conflict of Interest. Include executed copy of Attachment C – Conflict of Interest Form. Please see our completed Tab 3 Conflict of Interest form – Attachment C – Conflict of Interest on the following pages. 1175 57 ATTACHMENT C - CONFLICT OF INTEREST DISCLOSURE FORM For purposes of determining any possible conflict of interest, all proposers, must disclose if any elected or appointed officer of the City of Tampa, City of Tampa employee(s), or any immediate family member* or close personal relation** of an elected or appointed officer of the City of Tampa or City employee(s) is also an owner, corporate officer, agent, employee, stockholder, or has a controlling financial interest***, etc., of their business. *Immediate family means spouse, parents and children of the person involved. **Close personal relationship means dating, cohabitation, and/or having an intimate sexual relationship. Dating includes but is not limited to casual dating, serious dating, or casual sexual involvement where the parties have no intention of carrying on a long-term relationship, cohabitation, and any other conduct or behavior normally associated with romantic or sexual relationships. This definition applies regardless of the sexual orientation of the employees involved. Persons involved in a close personal relationship shall be referred to as a "close personal relation." ***Controlling financial interest means ownership, directly or indirectly, to ten (10) percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten (10) percent or more in a firm, partnership, or other business entity or such other interest or position in a business entity sufficient to allow him or her to control its operations. Indicate either “yes” (a City employee, elected or appointed official is also associated with your business), or “no”. If yes, give person(s) name(s) and position(s) with your business. YES _____ NO _____ NAME(S) / POSITION(S) _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ FIRM NAME: _____________________________________________________________ ___ BY (PRINTED NAME): ________________________________________________________________ BY (SIGNATURE): ___________________________________________________________________ TITLE: ____________________________________________________________________________ DATE: Not applicable American Traffic Solutions, Inc. dba Verra Mobility Jonathan Baldwin Executive Vice President, Government Solutions 4/11/2024 1176 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 6 ©2024 Verra Mobility™ | Proprietary and Confidential Tab 4. Response to Proposal Tab 4. Response to Proposal. Specifically state the Proposer’s understanding of the work to be accomplished and make a positive commitment to perform the work in Section I. Scope of Services. Verra Mobility is the City of Tampa’s current red light enforcement partner and has worked with the City for over 13 years to deliver a model program that has resulted in substantially safer streets. No other automated safety enforcement provider brings our understanding of the City of Tampa with the record of success of working together with the common goal of serving the Tampa community and enhancing community safety. For your Automated Speed Detection for School Zones Safety Enforcement program, we can positively commit to perform the work described in this RFP with the same degree of commitment and success that we have provided to on your red light program. Our company has worked in Florida for over a decade and currently has programs in 10 separate Florida counties. We are the only company with unparalleled experience and years of hands-on knowledge of how to deliver and support safety camera programs in the region. We define our success as the longevity of our relationship with our customers and their satisfaction level. Verra Mobility’s programs have earned praise throughout the State of Florida. We bring unmatched industry knowledge. We currently support automated enforcement safety programs for 31 municipalities in the state, including multiple programs within a short distance of the City of Tampa. Verra Mobility delivers and supports the highest number of road safety camera programs in the State of Florida. On a national level, Verra Mobility is the number one automated enforcement safety camera provider in the industry with approximately 9,000 red-light, speed, stop-arm, and bus lane safety cameras installed in nearly 270 communities and school districts across North America. This number is four to five times larger than our closest competitor. In the U.S. alone, Verra Mobility together with our affiliates, process more than four million automated enforcement events per month from U.S. installed camera systems, and we send approximately 1.4 million potential violations per month to our customers for their review and decision. Our company works as your partner, offering the City of Tampa the best in industry knowledge and innovative technology based on over 20 years of experience as a global leader. We were recently recognized and added to the S&P SmallCap 600 index. For Tampa, this means having a trusted, financially stable partner that will be able to serve your automated enforcement needs now and into the future with no interruptions and limited risk. Verra Mobility is a public company. This ensures complete transparency in our 1177 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 7 ©2024 Verra Mobility™ | Proprietary and Confidential corporate governance, processing compliance with Florida statutes and financial accounting practices. Verra Mobility’s global experience, advanced technology and financial strength provide the expertise required to deliver your safety program more efficiently than newly established competitors that may lack the critical resources needed to ramp up for this new implementation, provide the best in industry School Zone Speed hardware equipment with a highly efficient violation processing platform. Our strong history servicing clients nationwide has led to an over 95 percent contract renewal rate. Examples of automated enforcement clients outside of the Florida include but are not limited to Norfolk, Virginia Beach, and Falls Church, Virginia; New York City, New York; Baltimore, Baltimore County, and Howard County, Maryland; Washington, D.C.; Clayton County, Georgia; Montgomery, Alabama; Memphis, Tennessee; Baton Rouge and New Orleans, Louisiana; Chandler, Mesa, and Scottsdale, Arizona; Colorado Springs, Colorado; San Francisco, California; and Seattle and Spokane, Washington. Most critical to the success of our partnership with the City of Tampa is the experience of our staff. Our team consists of account management, licensed engineers, a construction manager and technicians. The account management team assigned to support the proposed School Zone Speed Program are Florida experts: > Orlando Torres, Director of Account Management, brings 18 years of automated enforcement experience throughout the State of Florida. Orlando Torres lives in Fort Lauderdale and is available for in-person visits. > Placido Diaz, Senior Account Manager former head chief of police for the City of Sweetwater, Florida is a seasoned retired law enforcement professional. Placido’s experience provides a unique value-add to the program for investigative issues that may require a proper detailed engagement with law enforcement. Both Orlando and Placido are bi-lingual with a local presence, and regional expertise gained through over 40 years of combined experience serving Florida. 1178 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 8 ©2024 Verra Mobility™ | Proprietary and Confidential The Verra Mobility team also includes a highly qualified field service staff in Florida to support your program, including two Tampa-certified MBE firms. Verra Mobility has established relationships with Florida Power and Light (FPL), and Florida Department of Transportation (FDOT) to ensure permits are issued on time and project timelines are met. We will provide support to Tampa’s School Zone Speed program through all phases from program design to active program violation processing. Choosing Verra Mobility means: The combined strengths outlined in our response ensure the highest level of understanding, commitment, and accountability. This enables Verra Mobility to successfully perform the scope of service work outlined in the City of Tampa’s RFP, meeting the requirements, and complying with Florida statutes to deliver the School Zone Speed program as scheduled. 1179 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 9 ©2024 Verra Mobility™ | Proprietary and Confidential Tab 5. Section I, Scope of Services Tab 5. Section I, Scope of Services. We have included all the requirements and documentation under Section I. Scope of Services in the following compliance table. Please note that our proposed solution and price to the City of Tampa is for an all-encompassing turnkey program that includes complete support of all aspects required by the RFP. SECTION I. SCOPE OF SERVICES RFP Requirements and Responses RFP Requirement: 5. PROJECT REQUIREMENTS Proposer is to submit written proposals presenting the proposer's qualifications and understanding of the services provided. Specifically, the proposer should provide thorough responses to ensure the proposer fully understands and can implement chapter 2023-174, Laws of Florida. The proposer's submission should provide all the information that it considers pertinent to its qualifications, and which responds to the specifications and evaluation criteria listed herein. Successful Proposer shall provide and install all equipment including, without limitation, poles, cabinets and related operational equipment at the selected school speed zone locations in compliance with all state, federal and local regulations. The Successful Proposer will be responsible for all permits (including FDOT for state road right of ways within the City), site design, construction, installation and maintenance of the equipment. The Successful Proposer will be required to provide appropriate signage for all intersection approaches. Successful Proposer will be required to have separate electrical meters for all equipment on all roadways at its own expense. Successful Proposer assumes all risk for direct or indirect damage or injury to the property or persons used or employed on or in connection with the work contracted for, and of all damage or injury to any person or property wherever located, resulting from any action, omission, or operation under the contracted work, until acceptance of the work by the City. Successful Proposer agrees that prior to the expiration of the agreement/contract to deliver to the City all data required by the City to continue processing outstanding violations and data owned by the City under the agreement/contract. The data must be provided in a format that is usable by the City. If data is in a proprietary format the successful Proposer must provide the software necessary to view, extract and utilize the data. The following items are required for the project and the Proposer must provide details on their proposed solution to meet the following requirements: Verra Mobility Response: Verra Mobility complies with each of your project requirements included within your Scope of Work. We provide specific detail on every RFP scope item in the following fields. 1180 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 10 ©2024 Verra Mobility™ | Proprietary and Confidential SECTION I. SCOPE OF SERVICES RFP Requirement: 5.1 Speed detection technology to include: • Calibration Method; • Ability to perform self-tests; • Documentation of proper operation on a scheduled basis; and • Evidential documentation on a citation indicating the vehicle being cited for speeding is the vehicle captured by the speed detection system. Verra Mobility Response: Our response below to Requirement 5.1.1 details our speed detection technology and the many benefits it offers to the City of Tampa. Verry Mobility’s proposed speed detection solution includes the following: • Calibration method: To ensure that speeding incidents captured are accurate and enforceable, all speed enforcement systems are calibrated at installation/deployment. • Ability to perform self-tests: Field Services personnel may initiate a self-test any time during deployment, and its results will appear in the operational log. We call this a "next vehicle" test where the system records the next vehicle as if it is a violator checking all aspects of the incident capture, including an image. These tests will be performed on a scheduled basis approved by the City. This test is recorded in the operational log, which is available to authorized City personnel. • Documentation of Proper Operation on a scheduled basis: Our solution documents proper operation on a scheduled basis of every 12 hours and the cameras perform a self-test twice daily. These tests are adjustable/ configurable to City preferences. • Evidential documentation on a citation indicating the vehicle being cited for speeding is the vehicle captured by the speed detection system: Images captured by the enforcement system are packaged into event files with unique identifiers, digitally signed for both verification and security of information. Each image has a digitally imprinted data bar that can be customized to display and verify information about the offending vehicle as required. Included are the image of the driver (where applicable), the license plate number of the vehicle, a unique event identifier, the location of the event, the date of the event, the time of the event, the elapsed time between images, the direction of travel, the traffic signal phase, the time into the red phase, the vehicle’s speed, the duration of the prior amber phase, the vehicle lane of travel, and the camera ID. Verra Mobility will work with the City to design the citation, which can include any or all of these images and other capture data. RFP Requirement: 5.1.1 Explain why the Proposer’s speed detection technology is the best solution for The City. Verra Mobility Response: Verra Mobility offers the best solution for the City of Tampa’s Automated Speed School Zone Safety Enforcement program and is proposing the use of our 4D radar technology. 4D radar technology operates in all weather conditions and provides quality images and video day and night with 99.9% calibration and capture accuracy. We consider our clients our partners, and work with them not only for the success of the actual safety enforcement program, but also for community outreach, court support, integration with various ALPR and cloud-based crime center systems, and robust reporting to determine how your safety programs are working and how best to evolve them in the future. We will deliver products that meet your unique needs and drive meaningful change. 1181 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 11 ©2024 Verra Mobility™ | Proprietary and Confidential 1 Subject to allowability under Florida Statutes and FDOT guidelines SECTION I. SCOPE OF SERVICES Summary of the speed detection technology includes: • We are offering our 4D radar technology that can detect and track over 100 objects in all weather conditions. • All of our radar systems use LiDAR to enhance precision and provide independent, secondary speed verification through image processing, leading to a 99.9% accuracy rate for calibration and capture. • High-definition video (up to 4K) • Highly accurate lane designation technology • Self-service video retrieval and live intersection video streaming (with optional subscription)1 • High-resolution cameras that capture clear event images day and night • LED illumination that minimizes visible light and is respectful to drivers • Digital signature at time of capture along with internal system self-tests • Our solution is fully featured with a dedicated ALPR camera and optional integration with other platforms and technology including multiple ALPR providers such as Flock. It is also available with video retrieval and live video. Our cameras include a new generational shift of capabilities with machine learning (ML) and computer vision capabilities. • Remote system monitoring • A secure chain of evidence with digital signature at time of capture and data encryption for delivery to the back- office system Why it matters for the City: Features Benefits Industry leading camera enhancement algorithms to make the captured detail clearer for adjudication and processing purposes. Camera software interfaces with all connected systems, captures images, and packages all the relevant information into event files. High enforcement rates – Our image enhancement technology means that details such as number plates, can be deciphered and used for enforcement purposes. Latest generation camera sensors allow low-light and inline flash imaging to capture vivid scenes and readable plates. Superior image quality – This quality results in improved enforcement success rates due to a greater number of legible number plate images. Independent, software-based secondary measurement of speed occurs on the system at the edge. Increased detection and enforcement rates – 4D radar technology provides irrefutable evidence when detecting speed events; this approach is far superior to single-radar systems. The 4D radar technology is unaffected by heavy rain or fog and utilizes a doppler speed measurement technique for highly accurate speed measurements. Superior reliability and performance – The system is built on leading radar technology and is superior to other market offerings using laser-based detection. Radar has been shown to be more accurate and effective than LiDAR- based systems in harsh weather conditions such as rain, snow, or fog. 1182 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 12 ©2024 Verra Mobility™ | Proprietary and Confidential 2 Live video is subject to allowability under Florida Statutes and FDOT guidelines. SECTION I. SCOPE OF SERVICES Verra Mobility Video Services Our fixed speed cameras have a self-service historical video retrieval and live video feed feature 2. Verra Mobility video services enhance situational awareness for better video management and traffic data analytics. Authorized personnel can retrieve high-definition video from fixed camera sites at their convenience using these robust tools. In addition, our road safety camera systems can provide a live video feed that allows the City, in real-time, to monitor photo-enforced intersections for traffic management purposes. Enforcement Software At the core of our edge systems is the enforcement software that is installed on the edge processing unit to drive system operations. It runs as a service when the processing unit is installed, and once configured during implementation, operates without intervention. This software is built on proven and robust core technology that has been developed and continuously improved to provide the detection, tracking, and capture of vehicles travelling through an enforcement zone. Verra Mobility’s enforcement software employs secondary image tracking and speed determination algorithms on all violating vehicles. Slow-moving vehicles are tracked through proprietary algorithms and remain visible to the system even when momentarily coming to a complete stop at a pedestrian crosswalk or during heavy traffic volumes. In addition to monitoring vehicles and speeds, the system can detect lane position and distance, regardless of vehicle speed and type. Verra Mobility’s enforcement software provides the following functionality: • Collecting vehicle detection data • Processing detection data with time stamping, vehicle location, and speed • Applying enforcement rules with configuration by lane number, time and day, and speed limit threshold • Triggering and storing video and image evidence that provides specific vehicle location and behavior as it travels through the enforcement zone  • Certifying and encrypting of event files • Generating operational logs and statistics Power Options Verra Mobility understands that the City prefers a solution that runs on solar power. Our systems are able to run on solar power or through direct power. Our solar-powered solution minimizes operational costs and environmental impact. With solar panels and power storage on the same pole as the camera system, this streamlined solution is aesthetic and easy to install for a variety of use cases. Automatic License Plate Reader Verra Mobility offers an Automatic License Plate Reader (ALPR) solution powered by national providers. The ALPR solution is integrated into our camera systems, which allows us to provide the service without additional standalone cameras. Our safety cameras will appear as a new camera in the ALPR partner’s portal and can be viewed without an additional subscription license. The cost of the ALPR license for our camera is managed by Verra Mobility (the City will have to pay for their subscription and camera licenses for other cameras purchased outside of the agreement with Verra Mobility). Our ALPR solution includes real-time vehicle identification, HD color footage for both plate and vehicle recognition, fast hotlist alert notifications, and powerful investigative search capabilities. The solution is driven and managed by AI-based machine learning software, enabling a smarter, comprehensive approach to any ALPR program. Verra Mobility’s ALPR solution includes the following advanced features: • Recognition of vehicle plate number, state, make, model, color, and other attributes 1183 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 13 ©2024 Verra Mobility™ | Proprietary and Confidential SECTION I. SCOPE OF SERVICES • State and local hotlists with Criminal Justice Information Services integration support • Easy-to-use web application with robust search, analytics, and reporting • AWS GovCloud data hosting and 30-day retention • Agency control over data sharing with other agencies VALUE ADDED PRODUCTS - Deterrent Cameras Verra Mobility offers additional features at no cost to the City including a completely new service of the installation of up to 10 non-functional deterrent cameras designed as a force multiplier on the program, which will promote public safety and curb dangerous driving behavior. These deterrent cameras can be installed strategically at various locations throughout the City with great effect. RFP Requirement: 5.1.2 Provide a list, with photos and dimensions, of all major equipment for the SDS (cameras, flash or lighting units, cabinets that will be installed under this contract (including generally what the cabinets contain), that will be installed. Strong preference will be given to SDS that do not require additional cabinetry aside from that which houses the cameras. All SDS must be non-intrusive to roadway or transportation signal cabinetry. Only equipment that is fully operational at the date/time proposals are accepted will be considered as part of this contract award. No prototype equipment or equipment not currently in operation will be accepted. Verra Mobility Response: The equipment we are offering in this RFP includes our latest camera technology. The proposed speed camera enforcement system consists of the following components, which are mounted onto a dedicated pole. Camera Unit • Two video-based cameras: one is used for the contextual scene images and video clip and the other is customized specifically for the plate images • 24GHz radar for vehicle detection. • IR Illumination (LED or Xenon) – replaces traditional flash technology Utility Cabinet • Communications module • Power Distribution Module In total, the camera unit dimensions are 13” x 16.6” x 5.2” (W x L x H) and weigh 20.9 pounds. The dimensions of our utility cabinets are 20" wide x 24" tall x 11" deep. 1184 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 14 ©2024 Verra Mobility™ | Proprietary and Confidential SECTION I. SCOPE OF SERVICES Figure 1 Photo of Pole-Mounted Equipment IR Illumination Unit (replaces traditional flash technology) The dimensions are 13 in x 16.6 in x 5.2 in (331mm x 421 mm x 132 mm). 1185 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 15 ©2024 Verra Mobility™ | Proprietary and Confidential RFP Requirement: 5.1.3 Does the SDS at any time photograph or image the driver of the vehicle? Verra Mobility Response: Our camera will be able to capture images of drivers and passengers. Captured images of the driver or passengers can be blurred, if requested. However, our proposed technology has the capability for driver images to be captured if allowed by state statutes. Our cameras’ high resolution allows for clear capture of each potentially offending vehicle, license plate, and scene to ensure the highest possible prosecutable violation rate for the safety enforcement program. Our camera system captures full-color images with a 12-megapixel plate camera and an eight-megapixel overview/scene camera capable of recording in up to 4K resolution. When an event is detected, the system triggers the cameras and captures two color images from the rear of the vehicle and a 12-second, high-definition video clip of the scene and multiple other event data elements. To provide great nighttime images, the system’s purpose built low-light camera is further supported by an LED illumination unit. The LED illumination unit provides adequate illumination at varying levels of ambient light. Our purpose-built LED illumination unit allows client programs to effectively capture events that occur during the night or early morning. Verra Mobility’s high-resolution digital imaging solutions provide multilane coverage enabling the ability to capture multiple violations in real time, while performing other sophisticated image processing functions and downloading images. Our systems can capture multiple images per second. Our camera and detection technology have been designed to detect and capture all vehicles, even those traveling side-by-side. Our camera systems capture simultaneous or near-simultaneous violations in a single set of violation images, if necessary, or will capture the violations in separate image sets. RFP Requirement: 5.1.4 The SDS must provide at least two (2) digital color still images of each violating event. The images must be taken so that the rear of the vehicle and license plate are captured. The first image shall capture the vehicle within the area of the designated school speed zone at the time of the speed capture. The second image shall depict a close of the license plate. Verra Mobility Response: Our SDS does provide two digital color still images of each violating event. Our speed safety camera solution is installed roadside and pointed in the direction of vehicle travel to capture the rear of each offending vehicle as enters the enforcement area. When the system tracks the vehicle to a subsequent image capture point, other images are captured for positive plate and vehicle identification. Please see the depiction below. We also include sample digital color images in our response to RFP Section 5.15. 1186 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 16 ©2024 Verra Mobility™ | Proprietary and Confidential RFP Requirement: 5.1.5 The camera system shall record data pertinent to each violation at the time of capture. Verra Mobility Response: Our systems capture all listed data such as: 1. Scene of location where violation occurred 2. Motor vehicle during violation 3. Display of rear license plate of vehicle 4. The day, month and year of the violation 5. The time of the violation in hours, minutes and seconds 6. Location of violation 7. Frame sequence number Our image sets includes a data bar with all details necessary to substantiate a violation. This format is used today for the City’s existing program and in evidence packages to substantiate every violation. RFP Requirement: 5.1.6 The SDS should be capable of monitoring up to four (4) traffic lanes at once. Describe the SDS ability to accurately capture violations at approaches with up to four (4) lanes in one direction. Verra Mobility Response: Yes. Verra Mobility’s enforcement system is capable of covering up to six lanes at once. Our system employs secondary image tracking and speed determination algorithms on all violating vehicles. The image tracking means that our performance in vehicle detection and accuracy is well beyond that of off the shelf systems. Slow-moving vehicles are tracked through proprietary algorithms and remain visible to the system even when momentarily coming to a complete stop at a pedestrian crosswalk or during heavy traffic volumes. In addition to monitoring vehicles and speeds, the system can detect lane position and distance, regardless of vehicle speed and type. RFP Requirement: 5.2 Traffic / location studies to determine the need for additional automated speed enforcement cameras within school zone roadways. Please provide examples. Verra Mobility Response: As a part of our proven implementation plan, Verra Mobility provides an in-depth traffic / location study to determine the optimal locations for school zone speed cameras. The recommended locations are based on existing data and robust analysis to identify locations that constitute highest safety risk to the community. We are well experienced with performing these studies for clients within Florida. Please see Appendix 1 for our School Zone Speed study that was performed for a prospective client in late 2023. RFP Requirement: 5.3 Enforcement of applicable speed limits on a roadway properly maintained as a school zone in accordance with Florida State Statute section 316.008(9)(a). Verra Mobility Response: Yes. Verra Mobility’s enforcement software enables us to configure the applicable speed limits in accordance with Florida State Statue section 316.008(9)(a). In addition to monitoring vehicles and speeds, the system can detect lane position and distance, regardless of vehicle speed and type. RFP Requirement: 5.4 Collecting, aggregating, and comparing all traffic data in school speed zones in such a manner that traffic studies can be conducted in near real time. Verra Mobility Response: Yes. Our system collects, aggregates and compare all traffic data so that traffic studies can be conducted in near real time. This data is shown within our back-office reporting systems. 1187 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 17 ©2024 Verra Mobility™ | Proprietary and Confidential 3 Verra Mobility owns and retains all rights, title, and interest in and to the Public Safety Campaign Content created by Verra Mobility and all intellectual property rights therein, excluding all Customer Content. Verra Mobility grants to the Customer a perpetual, revocable, non-transferable, and nonexclusive license to (i) use, copy, display, and distribute the Public Safety Campaign Content solely to promote the Customer’s photo enforcement programs, and to modify the Public Safety Campaign Content as needed for formatting. In order to produce the Public Safety Campaign Content, the Customer grants Verra Mobility a nonexclusive, fully paid-up, license to use, reproduce, distribute, perform, practice and display, and to create derivatives of all content, trademarks, service marks, works of authorship, products, software, technology, information, data, specifications, documentation, technical and business plans, and other materials of any kind, and all intellectual property rights therein provided to Verra Mobility solely for Verra Mobility to (i) create the Public Safety Campaign Content, and (ii) provide services to the Customer. Customer can approve use of any Customer Content in the Public Safety Campaign Content. RFP Requirement: 5.5 Initial public notice documents / media for the purposes of public education in cooperation with The City of Tampa, the Hillsborough School District, and the Tampa Police Department. The agency’s goal is to encourage traffic safety and increase public knowledge of school speed zone enforcement systems including increasing awareness of the dangers associated with speed through these areas. Verra Mobility Response: Yes. As the City’s partner in traffic safety, we can help to educate the public about the program and promote its benefits. We will work with City stakeholders to create a customized public awareness plan focusing on safety goals and effectively communicate the life-saving benefits of the safety camera program. We offer our clients the very best creative and inventive thinking when developing public information and community outreach strategies to promote traffic safety initiatives 3. Our keen understanding of communications strategies coupled with our knowledge of issues surrounding road safety and smart mobility solutions enable us to successfully define and carry traffic safety messaging to ensure safety belongs to us all. As the City’s partner in traffic safety, we can help to educate the public about the Automated Speed Detection For School Zone Safety Enforcement program and promote its benefits. We will work with City stakeholders to create a customized public awareness plan focusing on safety goals and effectively communicate the life-saving benefits of the safety camera program. In the rare event we do not already have language ready, we would be happy to create it for the City’s consideration. Below are some of the materials we can customize to fit the City’s program and community needs. • Website content with FAQs, how it works information, and local statistics • Community outreach and a Program Press Kit • Collateral and logo creation, system images and graphics, program taglines and statistics, as well as logo examples • Social media toolkit with best practices and a campaign guide • Earned media strategies, letters to the editor, or op-ed articles to help raise awareness about the program • Guidance on how to share information regarding the program • Updates about state-specific and key road safety camera industry news RFP Requirement: 5.6 Public information and education plan in detail, including outreach efforts to the community and the goals the effort deems to achieve in compliance with section 316.0776, Florida Statutes. 1188 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 18 ©2024 Verra Mobility™ | Proprietary and Confidential Verra Mobility Response: Yes. Below are some of the materials we can customize to fit the City’s program and community needs. • Website content with FAQs, how it works information, and local statistics • Community outreach and a Program Press Kit • Collateral and logo creation, system images and graphics, program taglines and statistics, as well as logo examples • Social media toolkit with best practices and a campaign guide • Earned media strategies, letters to the editor, or op-ed articles to help raise awareness about the program • Guidance on how to share information regarding the program • Updates about state-specific and key road safety camera industry news RFP Requirement 5.7 The timeline of a public information and education plan for the first year of an automated school zone enforcement program. Verra Mobility Response Our public information and education plan begins after business rules are agreed upon by Verra Mobility and the City. We have considerable experience working with the City on your red-light program and bring a history of delivery of effective, well-received public information campaigns. Typically, the timeline for public information release is around two months after notice to proceed for the program. RFP Requirement 5.8 The stakeholders included in the public information and education plan and how each is utilized to communicate with communities within The City of Tampa, including presentations at public meetings. Verra Mobility Response As Florida's leading safety program provider and long-time partner to Tampa, we remain committed to your automated enforcement success. Our communications strategy draws from our deeply rooted experiences in Tampa and Florida where we have consistently delivered impactful campaigns to diverse communities. We have successfully partnered with local media channels, print and local TV news, social media platforms and web-based outreach platforms to deliver a successful bilingual public awareness campaign tailored to meet the needs of the City residents as well as commuters. The program is supported by our two local Senior Account Managers, both longtime Florida residents who have raised families and have been a part of the Florida community for many years. This gives them a unique perspective and understanding of their needs and values. From bilingual content and public service announcements to targeted outreach through local media, we specialize in crafting messages that connect with all members of the community. In particular, our experience partnering with Tampa to reach its Spanish-speaking audiences has been invaluable. That's why we go above and beyond to ensure public awareness with tailored messaging and bilingual content and facilitate connections to local news outlets like Spanish talk radio stations. With our deep ties to the community – from the team members who grew up and raised families locally to the rich experiences we collaborated on to reach the public with a bilingual media strategy for past safety programs – we know how to support your needs. Throughout our partnership, we have proven we can uniquely deliver results that make a real difference in Tampa and drive meaningful change. 1189 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 19 ©2024 Verra Mobility™ | Proprietary and Confidential RFP Requirement 5.9 Examples of public information and education documents/media distributed under current/past programs, including: -Press release samples; -Internet-based correspondence; and -Documents distributed by stakeholders. Verra Mobility Response We provide examples of safety program community awareness campaigns we have participated in as well as other community awareness activities on the following pages: Press Release Samples: 1190 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 20 ©2024 Verra Mobility™ | Proprietary and Confidential 1191 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 21 ©2024 Verra Mobility™ | Proprietary and Confidential 1192 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 22 ©2024 Verra Mobility™ | Proprietary and Confidential Internet-based correspondence: 1193 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 23 ©2024 Verra Mobility™ | Proprietary and Confidential 1194 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 24 ©2024 Verra Mobility™ | Proprietary and Confidential Documents distributed by stakeholders: 1195 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 25 ©2024 Verra Mobility™ | Proprietary and Confidential 1196 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 26 ©2024 Verra Mobility™ | Proprietary and Confidential RFP Requirement 5.10 The programmatic success rate of current/previous programs and how such success is defined. Verra Mobility Response: Verra Mobility is the City’s current red light enforcement partner and has worked with the City to deliver a model program that has resulted in safer streets and has garnered praise throughout the State. Our program was delivered on time and within budget and has continuously and reliably been operated since inception. No other provider brings our understanding of the City and our record of success on your streets, working hand-in-hand with the common goal of service to the community and enhanced safety. This program has encouraged safety, changed driving behavior, which has saved lives. Our company has worked in Florida for over a decade and currently has programs in 10 separate Florida counties. We are the only company with unparalleled experience and years of hands-on knowledge of how to deliver and support safety camera programs in the region. We define our success as the longevity of our relationship with our customers and their satisfaction level. Verra Mobility is the number one automated enforcement safety camera provider in the industry with approximately 9,000 red-light, speed, stop-arm, and bus lane safety cameras installed in nearly 270 communities and school districts across North America. This number is four to five times larger than our closest competitor. In the U.S. alone, we, together with our affiliates, process more than four million automated enforcement events per month from U.S. installed camera systems, and we send approximately 1.4 million potential violations per month to our customers for their review and decision. 1197 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 27 ©2024 Verra Mobility™ | Proprietary and Confidential We bring unmatched first-hand knowledge of Florida. We currently support automated enforcement safety programs for 31 municipalities in the state, including multiple programs within a short distance of the City of Tampa. Many team members are locally based, with some bringing over 11+ years of experience serving in law enforcement in the State. Our team consists of account management, licensed engineers, a construction manager and technicians. Verra Mobility has key relationships with City, Florida Power and Light (FPL), and Florida Department of Transportation (FDOT) to ensure permits are issued on time and schedules are met. Our company works as your partner, offering industry knowledge and stability. We are a long-term service provider with 20 years in the industry, and we were recently recognized and added to the S&P SmallCap 600 index. For Tampa, this means having an ally who will be able to serve your enforcement needs now and into the future with no interruptions and limited risk. We are also a public company, which means greater transparency into our corporate governance and financial accounting practices. This global footprint and financial strength give us the capacity to deliver more efficiently than newly established competitors that may lack the resources needed to ramp up implementation or provide the latest technology and equipment. Our strong history with clients has led to an over 95 percent contract renewal rate. Examples of automated enforcement clients outside of the Florida include but are not limited to Norfolk, Virginia Beach, and Falls Church, Virginia; New York City, New York; Baltimore, Baltimore County, and Howard County, Maryland; Washington, D.C.; Clayton County, Georgia; Montgomery, Alabama; Memphis, Tennessee; Baton Rouge and New Orleans, Louisiana; Chandler, Mesa, and Scottsdale, Arizona; Colorado Springs, Colorado; San Francisco, California; and Seattle and Spokane, Washington. Please see Tab 6 for our list of references, which are a mixture of clients throughout the United States that have similar programs but also include programs within Florida. RFP Requirement: 5.11 Technology / methods for determining and providing documentation that flashers were flashing during the reduced speed zone times as required by law when enforcement is being conducted. Such documentation shall be sufficient for evidentiary purposes. Verra Mobility Response: Our system documents that flashers were flashing through the use of our 4K overview video of the violator scene. Upon receiving their printed citation in the mail, violators will be able to log into ViolationInfo.com and review the documented event through witnessing the entire video of the violation with the flashing lights. This is a process used and accepted by courtrooms in multiple states where Verra Mobility has deployed speed enforcement solutions. RFP Requirement: 5.12 Method for validating the existence and function of flashers in each school zone and the project plans implemented for providing maximum driver visibility and warning of entering a school zone. Verra Mobility Response: Our program provides for the validation of the existence and function of flashers in each school zone providing maximum driver visibility and warning of entering a school zone. The business rules established by the client to meet these statutory guidelines will be followed. Our reviewers look for all videos and confirm that flashers are included within the images. This is also included in the law enforcement packages. RFP Requirement: 5.13 The proper permitting, installation, initial testing, and ongoing maintenance of systems and components thereof including warning signs, signals, speed measurement and/or any additional components. Prior to installation, the system components shall be approved and permitted / authorized by the Florida Department of Transportation (FDOT). All placement or installation of speed detection cameras must be done in compliance with Florida Statute section 316.0776 and all applicable Florida Statutes, and all Tampa City Code requirements. System components will be installed and maintained so as not to interfere with the operation of traffic control devices except where modifications to existing equipment is necessary to comply with law and or other approved design requirements. Interference or damage to any City, County, State, or private party equipment and/or infrastructure will be at Service Provider’s expense. 1198 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 28 ©2024 Verra Mobility™ | Proprietary and Confidential Verra Mobility Response: Yes. After the City approves the design plans and upon receipt of the required permits, we will begin site construction and system installation. Whereas Verra Mobility will have overall responsibility for the installation of the camera systems, we will work with Florida-based Honey Home Services, Inc. to construct the camera sites. Our recommended transition approach will minimize construction needed at the existing sites. Together, Verra Mobility and Honey Home will ensure safe and continuous traffic flow during all phases of installation. Verra Mobility complies with the requirement to bear the cost of repair or replacement of equipment and/or infrastructure for damage resulting from accidental or negligence acts by itself or acts of its subcontractors. RFP Requirement: 5.14 The speed enforcement signs and how they are implemented in the program. Verra Mobility Response: Verra Mobility brings decades of experience working with the Florida Department of Transportation and cities to provide and install the required signage for our programs. We also bring previous experience installing photo enforcement signage within the City of Tampa. Our programs include all the necessary signage to clearly inform all citizens of zones that are speed enforced. These signs are installed before camera operation begins at a selected location. Our signs meet and/or exceed statutory requirements and we will also work with the City for any additional signage needs. RFP Requirement: 5.14.1 Description of how the SDS and other processes will be established to ensure the SDS captures and how a capture is screened to ensure only violations during the authorized period of times within a designated school zone for excess speed are issued NOV’s. Verra Mobility Response: Our images capture the violations during the authorized period of times within the designated school zone for excess speed. Verra Mobility establishes these Notice of Violation (NOV) guidelines based on the City of Tampa’s business rules. Those business rules are then used by our review staff to ensure that violations are within the authorized time periods. RFP Requirement: 5.15 The process used to review all violations for validity and process the data for events that meet specified criteria (Business Rule Qualifications) prior to providing access to alleged violation events via secure web site to the Tampa Police Department for review, determination of violation, and issuance of Notices of Violation and Uniform Traffic Citations. Please provide examples of Notice of Violation and citation processing software images. Verra Mobility Response: 1199 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 29 ©2024 Verra Mobility™ | Proprietary and Confidential Our review process is simple and the same as what is currently provided on Tampa’s red light enforcement program. This benefits the City as many personnel are already familiar with the system and the extensive and accurate functionality it provides. Verra Mobility provides a robust and user-friendly citation and billing process through our Smart Mobility Platform back- office system (BOS). Our BOS is a secure, web-enabled system that can easily be accessed through a web browser, eliminating the need to install client software. This feature-rich, easy-to-use product automates many portions of the enforcement process from event capture to citation prosecution, thereby increasing efficiency and reducing operating costs. The system has been designed and proven to support the accurate processing of traffic events for enforcement programs across the United States. We maintain the resources necessary to handle a high volume of event processing activity. Our BOS’s event processing module is the engine that transforms the digital evidence that is securely transmitted and captured at the roadside into prosecutable events and then delivers them to the offenders through:  Image and video delivery: All enforcement camera events are securely delivered to us via wired and wireless communications  Data evaluation: Through a combination of video analytics and processing automation, the roadside data is evaluated against a set of customer-defined rules and delivered into an evidence package, permitting the customer to quickly evaluate whether a violation occurred and to issue a citation  Law enforcement notifications: Event data is forwarded to law enforcement and includes images and video, a close- up license plate image, and vehicle owner registration information. The platform and notifications will be very familiar to the Police Department due to our previous photo enforcement partnership and work.  Determination process: Officers are provided a complete review package with all pertinent information on one page that can then be approved or dismissed. This process, known by many officers through our previous automated enforcement program, is both simple and secure. The following is a step-by-step description of the citation, billing, and reconciliation process. 1200 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 30 ©2024 Verra Mobility™ | Proprietary and Confidential Events are reviewed, pre-processed, and queued for law enforcement’s (LE) review and determination as to whether a violation occurred. LE gives instructions to Verra Mobility using a Business Rules Questionnaire (BRQ) that directs us to follow your preferred program operating procedures and ensures compliance with Statute requirements at all levels. The following table describes the advantages of our back-office system. Activity Advantages Image Crop (V1) - Verra Mobility ensures high quality and high volume event capture in accordance with City business rules High quality and high volume event review: > Auto and manual processing > High volume – inhouse and outsourced processing options > Screen exempt vehicles automatically and/or manually > Image enhancement DMV - Verra Mobility provides advanced DMV lookup capabilities to ensure high success in matching events to registered owners High success in DMV returns with advanced features: > Pre-lookup verification > Failed return management (auto-retry, auto-switching, reprocessing of no-return) > National Change of Address verification (optional) > Undeliverable mail reprocessing (skip trace) Verify Notice (V2) - Verra Mobility continues to ensure high quality and high volume with a second verification of event capture and registered owner details High quality and high volume event review: > Auto and manual processing > High volume – inhouse and outsourced processing options > Image enhancement > Registered owner verification > Send to supervisor, re-crop Law Enforcement Review Authorized City personnel will determine whether a violation has occurred and review each citation prior to the City’s issuance of a citation within the BOS. As an online, secure, web-based system, the system enables authorized personnel to perform processing functions from any location with internet access. No applications or complicated software needs to be installed on the City’s computer systems. Login and access to the system is protected via TLS encryption, which provides a secure connection to content accessible via the internet by authorized personnel. Our secure system provides data authorizations for various levels of user access for various functions with restrictions on edit/delete functions. All transactions are auditable. Images captured by the enforcement system are packaged into event files with unique identifiers, digitally signed for both verification and security of information. Each image has a digitally imprinted data bar that can be customized to display information around the offending vehicle including location, date, vehicle speed, and elapsed time between images. Police can select multiple images including the vehicle before the enforcement zone (“A” shot), vehicle after the enforcement zone (“B” shot), license plate zoom, and video of the captured event. The City can configure the rejection reasons. 1201 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 31 ©2024 Verra Mobility™ | Proprietary and Confidential We provide an example notice of violation and sample citation processing software image Police Review screens that law enforcement will typically see when reviewing events below. Note that license plates have been concealed and the screen data modified to ensure privacy. Example Notice of Violation: 1202 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 32 ©2024 Verra Mobility™ | Proprietary and Confidential Citation Processing Software Images: Figure 2 Police Review Screen – Overview Image 1 “A” Shot and Video Figure 3 Police Review Screen – Overview Image 2 (“B” Shot) and Video 1203 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 33 ©2024 Verra Mobility™ | Proprietary and Confidential Figure 4 Police Review Screen – Plate Image and Video Figure 5 Police Review Screen – Zoom Image 1204 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 34 ©2024 Verra Mobility™ | Proprietary and Confidential Figure 6 Police Review Screen – Configurable Rejection Reasons RFP Requirement: 5.16 The storage of all data captured by a speed detection system to include the amount of data capable of being stored, data retention, and full description of access to the data and backup systems used to ensure the preservation of all data captured by the speed detection system, whether the data includes a capture of a violation. Verra Mobility Response: Yes. As required by statute and per your requirement 5.82.1, we will provide the City access to all enforceable images and video produced by cameras for 60 days after the final disposition of the event. We will ensure they are properly dispositioned within 90 days after the disposition of the event. Our Smart Mobility Platform is a robust, web-enabled, and fully secure BOS. This feature-rich, easy-to-use system automates many portions of the enforcement process from event capture to citation prosecution, thereby increasing efficiency and reducing operating costs. The system has been designed and proven to support the accurate processing of traffic events for enforcement programs across the United States. We maintain the resources necessary to handle a high volume of event processing activity. Our Smart Mobility Platform and event processing module is the engine transforming the digital evidence securely transmitted and captured at the roadside into prosecutable events and delivering them to the offenders through:  Image and video delivery: All enforcement camera events are securely delivered to us via wired and wireless communications  Data evaluation: Through a combination of video analytics, interfaces with third-party data providers, and processing automation, the roadside data is evaluated against a set of customer-defined rules and delivered into an evidence package, permitting the customer to quickly evaluate whether a violation occurred and to issue a citation  Law enforcement notifications: Event data is forwarded to law enforcement and includes images and video, a close- up license plate image and vehicle owner registration information 1205 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 35 ©2024 Verra Mobility™ | Proprietary and Confidential RFP Requirements: 5.17 Samples of all notices, letters and correspondence sent to customers, The Department of Highway Safety and Motor Vehicles or others in processing and administering the school speed zone safety program. Verra Mobility Response: Verra Mobility has worked with the City for over a decade to design notices, letters of correspondence and more in coordination with the Department of Highway Safety and Motor Vehicles and other agencies. We have included a sample notice of violation in RFP section 5.15. Examples of letters of Correspondence are provided below. Sample Notice of Liability 1206 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 36 ©2024 Verra Mobility™ | Proprietary and Confidential 1207 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 37 ©2024 Verra Mobility™ | Proprietary and Confidential Sample DMV Hold Notification 1208 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 38 ©2024 Verra Mobility™ | Proprietary and Confidential Sample Affidavit of Non-Liability 1209 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 39 ©2024 Verra Mobility™ | Proprietary and Confidential Sample Dismissal Letter 1210 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 40 ©2024 Verra Mobility™ | Proprietary and Confidential Sample Hearing Notification Letter RFP Requirement: 5.17.1 Successful Proposer shall provide sufficient and trained staffing to open; count, batch, log, review, and process correspondence letters received each day. It is The City’s desire that a minimum of 90% of all correspondence be processed within one business day of receipt, with the remaining correspondence processed the following business day. Verra Mobility Response: Verra Mobility currently provides the exact counting, batching, logging, review and correspondence process services on the City’s red light program. This process is known to the City and has resulted in more than 90% of all correspondence processed within one business day of receipt, with the remaining correspondence processed the following business day. No other company has a current record of success providing these exact services to the City of Tampa. RFP Requirement: 5.17.2 Successful Proposer shall provide a correspondence imaging system that ensures all correspondence received is electronically scanned and available for customer service staff and The City. Verra Mobility Response: Verra Mobility’s smart mobility platform is currently in operation in the City today providing all of the correspondence imaging services required for our red-light program. Our platform provides flexible and professional print and mail services that can handle any volume: • Partner with industry-leading print vendors for scale/quality • Provide return mail processing (correspondence, transfer of liability) 1211 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 41 ©2024 Verra Mobility™ | Proprietary and Confidential • Create citations and mail within established business rules • Client can immediately access/download/ print citation info • Option to allow client to print/mail RFP Requirement: 5.17.3 Proposer shall describe methodology and detail advantages for handling, processing, and tracking incoming correspondence. Verra Mobility Response: We will work with the City as we currently do on your red light program in the creation and approval of all notices and correspondence that will be used for the City’s program. Our methodology starts once an event is confirmed and approved by law enforcement, the BOS will automatically queue the citation for printing and mailing. Verra Mobility will mail all approved citations by First Class Mail within the City’s requirement and include a self-addressed return envelope with a designated address. Each citation also displays a digital signature of the law enforcement officer or program employee who authorized it. All citations are printed on high quality paper to eliminate smudging and provide the violator with clear visibility. Citations are fully customizable, and Verra Mobility will work with client stakeholders to ensure that all required verbiage and notice layout fit the statutory and program requirements. We maintain a strict chain of evidence and robust quality control to protect the confidentiality of citizen data. Verra Mobility’s mail processors will review and scan all incoming mail daily. Additionally, we handle and process all return mail. Returned mail is noted in the system under general correspondence as “returned/undeliverable mail.” This information is viewable under the event’s history 24/7 by authorized personnel. If a forwarding address is provided with the returned mail, we will re-address the citation and re-send it.  RFP Requirement: 5.18 Identifying the registered owner of a vehicle. Verra Mobility Response: Yes. Verra Mobility provides advanced DMV lookup capabilities to ensure high success in matching events to registered owners. We have a connection to FDOT for in-state vehicles and utilize NLETS for out-of-state plates. Verra Mobility uses an automated online and real-time interface from the National Law Enforcement Telecommunications System (NLETS), a not-for-profit international justice and public safety network that provides a reliable link to keep the criminal justice community connected and the public secure. Our NLETS Strategic Partner certification was granted in May 2006; we were the first certified NLETS Strategic Partner in the Road Safety Camera industry. Since February 2023 in Florida, our system uptime was 100 percent, and client processing time averaged 48 milliseconds. It accomplished this accuracy and speed by working to protect the public 24 hours a day every day of the year. For more information on NLETS, please visit their website at www.NLETS.org. If an issue does occur, such as a “DMV not found” error, then staff will revise incorrect license plate information and resubmit it to obtain the vehicle registration information. If multiple registration data is returned by the DMV, then the violation image is moved to the Type Selection process. Here, our staff members have access to decision support tools to show sample rear images of various vehicle brands and makes. The Verra Mobility camera captures images with very high resolution and color, day or night. This enables our staff to identify the make and model of the motor vehicle when viewing the captured photos. In the Final Review step, a second staff member performs a final review of the violation images and verifies that the vehicle license plate, registration information, and vehicle information matches the vehicle shown in the images. RFP Requirement: 5.19 Providing and handling affidavits as allowed by law alleging another person was driving the vehicle at the time. Verra Mobility Response: 1212 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 42 ©2024 Verra Mobility™ | Proprietary and Confidential Verra Mobility has a proven process that allows for another person to nominate the driver of a vehicle at the time of a violation. This is a process that is already followed in our current red light enforcement program with the City of Tampa. RFP Requirement: 5.20 Providing and posting signage as required under s. 316.0776, Florida Statutes. Verra Mobility Response: Yes, we comply and have experience clearly marking our locations with the required signage. Our construction team is seasoned in the process of requesting permits and installing signs within Florida. RFP Requirement: 5.21 Assisting with public announcement campaign as required under s. 316.0776, Florida Statutes. Verra Mobility Response: Yes. We have designed public announcement campaigns for more than a dozen Florida clients with automated enforcement programs. We will work closely with our clients to tailor our campaigns to your preferences and the communities that you serve. Please RFP Section 5.9 for information on our public awareness services. RFP Requirement: 5.22 A time delay system between when event is witnessed, and when it is processed, in such a way that no event is processed inadvertently due to external factors that may impact zone enforcement (e.g., weather conditions, unexpected school closures). Verra Mobility Response: Our systems have internal time mechanisms that ensure that weather conditions, unexpected school closures and other issues do not have a material effect on zone enforcement. This is inclusive of our robust internal review process. RFP Requirement 5.23 Maintenance and technical support of web-based interface to be used by the agency and court in the review and processing of citations / cases. Verra Mobility Response: Our established processing for the red light enforcement program already has a web-based interface in place that is used by the agency and court in the review and processing of citations / cases. The proposed school zone speed program would use the same web-based interface for court and financial review and processing. RFP Requirement: 5.24 Web-based or other system where authorized users of the system can conduct audits of payments received, disbursements and or other information related to the financial aspect of the contract / agreement. Verra Mobility Response: Yes, we have web-based platform is currently providing these exact services on the City’s red light program. The platform allows for viewing event history such as payments received, disbursements and more. It also contains a comprehensive reporting package that allows persons to view program statistics, available 24/7. RFP Requirement: 5.25 Yearly reports as described in s. 316.0776, Florida Statutes. Verra Mobility Response: Yes. Our back-office system produces yearly reports in compliance with Florida Statute 316.0776. RFP Requirement: 5.26 Business practices related to the processing of automated school zone speed enforcement violations, including but not limited to each of the following areas: Verra Mobility Response: 1213 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 43 ©2024 Verra Mobility™ | Proprietary and Confidential Yes, we comply. Please see below for details on the denoted areas. RFP Requirement: 5.26.1 Review process and transmission of violations to the agency. Verra Mobility Response: Our review process is similar to what is currently provided on Tampa’s red light enforcement program. This benefits the City as many personnel are already familiar with the system and the extensive and accurate functionality it provides. We provide a full workflow of our violation process in our response to RFP requirement 5.15. RFP Requirement: 5.26.2 Mailing of duly authorized Notices of Violation to the registered vehicle owner for payment. Verra Mobility Response: Verra Mobility mails all Notices of Violation to the registered vehicle owners in compliance with all statutory and business rule requirements. We provide full printing and mailing services with our program that have been honed over decades serving the automated enforcement industry. Once an event is confirmed and approved by law enforcement, the BOS will automatically queue the citation for printing and mailing. Verra Mobility will mail all approved citations by First Class Mail within the City’s requirement and include a self- addressed return envelope with a designated address. Each citation also displays a digital signature of the law enforcement officer or program employee who authorized it. All citations are printed on high quality paper to eliminate smudging and provide the violator with clear visibility. Citations are fully customizable, and Verra Mobility will work with client stakeholders to ensure that all required verbiage and notice layout fit the statutory and program requirements. We maintain a strict chain of evidence and robust quality control to protect the confidentiality of citizen data. Verra Mobility’s mail processors will review and scan all incoming mail daily. Additionally, we handle and process all return mail. Returned mail is noted in the system under general correspondence as “returned/undeliverable mail.” This information is viewable under the event’s history 24/7 by authorized personnel. If a forwarding address is provided with the returned mail, we will re-address the citation and re-send it.  RFP Requirement: 5.26.3 The process for any violator and authorized City employee to access of evidence relating to the violation. Verra Mobility Response: A violator has access to all evidence related to their violation provided through our website ViolationInfo.com, similar to how they would access red light camera violations. For City employees, the program manager authorizes access and it is then created through our Customer Support Specialist. RFP Requirement: 5.26.4 The process for receiving and remitting payments from violators. Verra Mobility Response: Our red light program currently provides a successful banking system to the City of Tampa. We will work with the City on any additional needs. Below is a description of our banking system that is currently being used by the City: • Citation payments made through each payment channel will be deposited daily into an existing account or a new account opened by the City at a bank of the City’s choice. • Verra Mobility will facilitate the establishment of the lockbox. 1214 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 44 ©2024 Verra Mobility™ | Proprietary and Confidential 4 For Customer to select Tier 2 or Tier 3 payment processing channels, Customer will be required to provide completed banking and payment processing forms and related agreements, which include among others: • a participant agreement and submerchant agreement with the payment processor; • a bank verification letter prepared by the Customer’s settlement account’s bank; and • a Form W-9, Request for Taxpayer Identification Number and Certification. Copies of banking forms and related agreements will be provided upon request. Neither (i) certain vendors of Verra Mobility, which perform licensing, testing, or qualification of equipment nor (ii) payment processors and other regulated entities, such as U.S. Bank or cellular service providers, are to be considered subcontractors of Verra Mobility under any resulting agreement with Customer. • Verra Mobility will maintain the lockbox with its channel partner (RLI) • Verra Mobility will facilitate the establishment of a merchant account with ACI Payments • Verra Mobility will maintain the public-facing website, and facilitate electronic payment processing (including IVR) • Verra Mobility will provide BOS reporting to the City on citations paid The following is a description of the payment processing channels 4: • The Client will be required to provide completed banking forms, which may include among others a participation agreement and sub-merchant agreement with the payment processor as well as a bank verification letter prepared by the Client’s settlement account’s bank, and a Form W-9, Request for Taxpayer Identification Number and Certification. • When a notice is issued with a fine amount, there are multiple payment channels from which the payer may choose. All payments are tracked by payment source (phone and web, and lockbox and walk-in) and payment method (check, money order, credit card and eCheck/ACH (automated clearinghouse)). • The BOS allows for applied payments, unapplied payments, overpayments, refunds, adjustments, dismissals and reversals to be tracked. Verra Mobility partners with a provider for lockbox services. We also have a relationship with ACI Payments to provide payment processing services for online and phone payments. The following are the multiple options that Verra Mobility can makes accessible to citation recipients depending on the City’s preference. Lockbox Payments Each notice includes a payment coupon that the violator mails in with his or her payment by check. All lockbox payments are mailed to the lockbox vendor’s address. The lockbox vendor handles the lockbox payment channel and deposits checks and money orders directly to a Client-designated account. Phone Payments Violators have the option of paying their fines over the phone utilizing our interactive voice response (IVR) system. Each notice will have our toll-free customer service number listed on it, which violators can call to enter their payment information (credit card or e-Check) over the phone. Violators also have the option to listen to frequently asked questions (FAQs) and other program-related questions. They can speak to a live agent if they need information that is not available in the system’s pre-recorded messages. A convenience fee is applied to the payer. Walk-In Payments For those violators who wish to make a payment in person, violators can make payments at a Client facility (if the Client desires to offer this option). Each notice will include instructions to the payer to go to the designated location for walk-in payments. To increase collection capabilities and payment rates, Verra Mobility offers its clients the ability to provide a walk-in cash payment option to violators through MoneyGram™. 1215 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 45 ©2024 Verra Mobility™ | Proprietary and Confidential With MoneyGram ExpressPayment™, payments are processed and then credited electronically at retailers throughout the nation, such as all Walmart, CVS Pharmacy, and many other well-known retailers. MoneyGram can help violators avoid late fees and other consequences with a same-day walk-in payment option. Payment availability through MoneyGram locations allows Verra Mobility customers to better serve citizens by providing a convenient and affordable bill payment solution for the “unbanked” and “under-banked” population, who operate mostly with cash. A large network of retail locations can increase the likelihood of citation payment for those without a checking account or credit card by making the process simpler and placing it closer to where the violator resides. This payment option can help you optimize your program by collecting funds in a more timely and efficient manner. This convenient payment option is available at no additional cost to the Client. Any transaction fee charged to the violator is paid to the MoneyGram Express Payment vendor. Web Payments Verra Mobility has a relationship with ACI Payments to provide online and phone payment processing services. The online payment channel allows violators to pay independently online through our public-facing website. Most major credit cards are accepted. Verra Mobility’s processing system provides validation of the notice numbers, PINs and balances during the session transfers with ACI Payments. A convenience fee is applied to the payer. Funds Deposit Funds received through all payment channels are deposited daily to the Client’s designated bank account. A record of these payments is entered into the BOS and the balances are updated. RFP Requirement: 5.26.5 The process for challenging violations. Verra Mobility Response: As shown in the previous workflow, violators can request a hearing or appeal via our easy-to-use customer service website, just as they can for the current City of Tampa red light program. Each citation is printed with directions for the violator to access our online platform and includes a unique PIN for the violator to use when securely accessing the site. The public-facing website is customized for The City to display a unique background image, frequently asked questions (FAQ), and general program information.  This website can be used to view evidence. It contains a direct link to an external website to allow violators to make a payment, schedule a hearing, or obtain more information on the program. Our website could translate content into Spanish – with the option to translate into other languages as well – to provide a user-friendly experience for violators whose native language is other than English. RFP Requirement: 5.26.6 The process of setting Notice of Violation hearings. Verra Mobility Response: Our back-office system provides simple functionality that allows for these dates to be set. This is a process that has been established by virtue of the current red light program and this process would follow the same path and allow for the use of the same hearing officer. RFP Requirement: 5.26.7 The process for setting traffic court hearings for citations. Verra Mobility Response: 1216 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 46 ©2024 Verra Mobility™ | Proprietary and Confidential Our process for setting traffic court interfaces is the same as our process on the current Tampa red light program. Our back- office system provides simple functionality that allows for these dates to be set. RFP Requirement: 5.26.8 A description of evidence materials and method provided to hearing officer and/or traffic court. Verra Mobility Response: We provide a court packet similarly to our current process on the red-light program that includes all necessary evidence materials. The electronic Evidence Package provides the following information: • The violation images, associated video clip and data • All issued and disputed notices • Camera log report • Any other relevant documents (such as letters from the defendant) that may be included in the file prior to each • scheduled hearing The Evidence Package is an Adobe PDF file that can easily be passed to the Court for reference by the hearing officer or judge during the hearing. RFP Requirement: 5.26.9 The generation of Notice of Violation hearing dockets within parameters set by The City. Verra Mobility Response: Yes. This is BRQ driven and provided to the City through our system functionality similarly to how is provided on our red light program. RFP Requirement 5.26.10 Process for preparing and sending Uniform Traffic Citations. Verra Mobility Response: Once an event is confirmed and approved by law enforcement, the back-office system automatically queues the citation for printing and mailing. Verra Mobility mails all approved citations by First Class Mail following the City’s requirements and includes a self-addressed return envelope with a designated address. RFP Requirement: 5.26.11 Process for handling affidavits setting forth an exception. Verra Mobility Response: All affidavits are received by our company and collected in our system for exceptions. We review the exception and decide at that time. RFP Requirement: 5.26.12 Qualification of employees reviewing violations. Verra Mobility Requirement: We have seasoned staff at our processing centers that specialize in speed and red-light enforcement. We also bring decades of experience reviewing such violations. RFP Requirement: 5.26.13 Process for unpaid Notices of Violation and Uniform Traffic Citations. Verra Mobility Requirement: We can provide collections and services to include uniform traffic citations as allowed by law. We have extensive experience providing these services throughout The United States. RFP Requirement: 5.26.14 How a payment plan could be offered. Verra Mobility Response: 1217 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 47 ©2024 Verra Mobility™ | Proprietary and Confidential Verra Mobility does provide a partial payment plan option. Below is a description of how the payment plan is initiated and administered: The citizen must mail in the citation coupon on their First Notice (select the Payment Plan checkbox) and mail in a minimum payment of $25.00. The minimum payment can be sent in via mail, phone, or online. The partial minimum payment must be received to fully commit the citizen to the Penalty Payment Plan. Once approved, the citizen will be notified of acceptance into the Payment Plan through a letter. This letter will contain the new due date (90 days added to existing due date of first notice) and give them their payment instructions. Lack of payment in full by the new 90-day due date results in a registration hold being placed on the license plate. RFP Requirement: 5.26.15 Customer service plan. Verra Mobility Response: Our proposal is full service, offering a customer service spectrum including call center payments, IVR and more. We will provide these services noted below as we currently do on the City’s red-light program. IT Service / Help Desk The City of Tampa will have access to our IT Service/Help Desk. The City can contact their assigned Verra Mobility Client Support Specialist (CSS) by email or phone, and the CSS will respond as soon as possible to help resolve issues or answer questions. If the City needs assistance outside of normal business hours, a representative will return the caller’s voicemail within 30 minutes. The IT Service/Help Desk provides on-call coverage for emergencies, such as for account lockouts and service outages. Call Center Verra Mobility includes a toll-free number on each citation to speak with live customer service representatives. The call center is available to answer calls Monday through Friday, 8:00 a.m. to 8:00 p.m. Eastern time. The public can also utilize our Interactive Voice Response (IVR) system, which provides violators the ability to make payments and obtain real-time updates on their citations 24/7. Call center staff are trained to handle all questions and concerns regarding road safety cameras. Additionally, customer service representatives maintain a professional and courteous demeanor while assisting with a variety of call topics including but not limited to violations and photo enforcement programs. In the event a customer service representative receives a call that is unique or of high-scale concern, such as threats made against agencies, the call will be escalated. Verra Mobility supports programs all over North America and has extensive experience dealing with non-English-speaking constituencies. The call center employs multilingual agents in addition to English-speaking staff. IVR System We also support a 24/7 IVR system, which allows the public to make inquiries by using their unique citation number or license plate number. Callers can easily obtain citation information including the issuance date, citation number, and license plate number. Each call begins with a welcome greeting, details to find the online platform so they can make a payment, and other information to support the payment process. The IVR system provides callers with access to real-time, detailed citation information that is directly linked to the database. To ensure violators can fully understand their citation details, callers will have the option of hearing information in either English or Spanish. Citizen Inquiries Verra Mobility staff are available to respond to citizen inquiries outside of the call center, such as those received via fax, email, or online through the public-facing website. These trained staff provide the same information as the call center representatives. We use the rules and policies established by the City during the business planning session and have an online tool for reference to provide consistent answers. 1218 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 48 ©2024 Verra Mobility™ | Proprietary and Confidential RFP Requirement: 5.26.16 Initial and continued training for rotating The City. Verra Mobility Response: We provide extensive training resources and materials as a part of our proposal. Broad training is provided at the City’s request. Our training overview is provided in our response to requirement 5.27.4. RFP Requirement: 5.27 Maintaining all SDS systems and components including but not limited to equipment, infrastructure, signs, and any computer hardware, software, or web applications which may be necessary during the term of contract. Updating equipment and technology during the term of the contract as new technology becomes available. Ensure all hosting platforms are secure and meet all requirements of City’s Cloud Hosting Policy. Verra Mobility Response: Verra Mobility maintains all SDS systems and components including but not limited to equipment, infrastructure, signs, and any computer hardware, software, or web applications for the term of the contract. We provide automatic upgrades and enhancements to the systems on a regular basis and ensure that they are compliant with Florida Statutes. Verra Mobility is CJIS and NLETS compliant and meet all industry best standards and policies. We currently hold the City’s red-light program and are compliant with the City’s Cloud Hosting Policy. RFP Requirement: 5.27.1 Ownership, maintenance of camera, video, sensors, computer, and all related camera system equipment shall be the responsibility of the Successful Proposer throughout the term of the contract. Verra Mobility Response: Yes, we own, maintain cameras, videos, sensors, computers, and all related camera systems equipment, which will be the responsibility of Verra Mobility throughout the term of the contract. Our maintenance procedures are included within our response to RFP requirement 5.81. RFP Requirement: 5.27.2 Successful Proposer shall guarantee to repair or replace any inoperable equipment within 72 hours of detection by the Successful Proposer or notification by The City. Verra Mobility Response: Yes, Verra Mobility will guarantee repair or replacement of any inoperable equipment within 72 hours of detection by Verra Mobility or after notification by the City. RFP Requirement: 5.27.3 Describe the proposed standard process for how often the cameras systems will be visited for maintenance and inspection. Explain what occurs during a maintenance and inspection visit. Verra Mobility Response: We typically visit camera systems twice per year. A preventive maintenance cadence will be established per Tampa’s requirements. These preventive maintenance visits include the following proactive activities: 1219 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 49 ©2024 Verra Mobility™ | Proprietary and Confidential • Clean all glass, camera enclosures, strobe housing, lens covers and polarizers (of graffiti, dust, oil, and other grime) • Inspect all enclosures for proper seals, locking mechanisms, etc. • Inspecting and tightening all cables, connections, and terminations. • Test full functionality of the system (triggering, test shots, strobe, and video). • Visually inspect the site environment (road surface conditions, signage, and obstructions such as tree branches), photographing any potential issues and relaying information to field services and client project management for decisions on corrective action. • Test voltage coming to the system and being supplied throughout the system. • Ensure proper grounding. RFP Requirement: 5.27.4 Successful Proposer must provide ongoing training support for their product as requested by City throughout the term of the contract. Proposer shall provide details and documentation on its recommendations on training method(s) and schedules for initial and on-going training for City personnel as it relates to utilizing the proposed camera system. Verra Mobility Response: Verra Mobility will provide ongoing training support for our products as requested by City throughout the term of the contract. We will provide details and documentation, recommendations on training method(s) and schedules for initial and on-going training for City personnel as it relates to utilizing the proposed camera system. Verra Mobility is committed to excellence; therefore, our training is designed to deliver content that is specific and relevant to the program that the customer will operate. This includes facilitator-led training sessions that may occur on- site or virtually. Each training course will be accompanied with digital or printed training materials on the topics or functions being trained. As the project evolves, a member of the Learning and Development team will consult with the Verra Mobility Account Manager and the customer’s stakeholders to establish a training plan including the timing of training, class sizes, delivery method, facilities and resources needed. Our trainers have over 32 years of combined experience in the photo enforcement industry, and each trainer on our team has at least 11 years in the Learning & Development industry with a focus on facilitating adult learning. Recognizing the importance of the National Highway Traffic Safety Administration’s guidance for basic training in Radar and Lidar Speed measurement, our trainers are certified instructors of Police Traffic Radar and Laser. The City will receive a range of training options to ensure that all users are properly trained in relevant aspects of the systems and program management. Course Catalog Course Title Course Description Program & Technology Overview This course provides participants with a comprehensive introduction to the camera systems and back-office workflow, from roadside event capture through citation issuance and post-issuance services. Content is tailored to fit the audience’s roles and responsibilities and can be customized to be delivered at multiple levels of depth. This is offered as a standalone course or can be combined with any of the Functional Training courses. Functional Training: Event Processing The Event Processing course instructs designated personnel (typically Law Enforcement) to operate our easy-to-use back-office system. Participants are trained on system navigation & functionality, and all available tools used when reviewing potential violations. This training includes hands-on processing of events when delivered immediately following camera activation and program launch. 1220 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 50 ©2024 Verra Mobility™ | Proprietary and Confidential Course Title Course Description Functional Training: Payment Processing This course is designed specifically for those personnel who will be receiving and entering payments into the back-office system, should the Program choose to accept payments locally. This course guides participants through the process of applying payments with hands-on practice. It also demonstrates how to use reports to monitor the payments recorded daily by the City’s users, and other payment-related functions. This course is only necessary should the Program opt to accept payments locally and use Verra Mobility back-office system as the system of record for local payments. Functional Training: Finance and Reconciliation This course is designed specifically for personnel, typically finance or accounting personnel, who handle reconciliation of revenue received for the program. This course is customized for each program. This includes reconciliation of revenue received using on-demand reports, and when applicable, documenting refunds issued and documenting returned payment items. Functional Training: Hearings & Adjudication This course instructs Court personnel how to use our back-office system to retrieve evidence packages, process Affidavits, manage hearing schedules, record dispositions, and utilize the system reports associated with contested citations. This training is only necessary for Programs which elect to use our back-office system to facilitate their court procedures, including Administrative Reviews, Hearings and/or Appeals. Functional Training: Reporting This course instructs personnel how to access and utilize the back-office system reports feature. The course is tailored to focus on the reporting pertinent to the audience’s roles and responsibilities. This course can be integrated into any of the Functional Training courses or can be a stand-alone course. Course Delivery Format All courses listed as Functional Training can be facilitated on-site (in-person) or virtually. At initial program launch, training may be conducted on-site or virtually, dependent upon the City’s preference and social/environmental conditions which may restrict travel. Subsequent Training (After Initial Program Launch) Throughout the life of your program, facilitator-led training is available upon request (subject to trainers’ availability). Subsequent training including refresher training for existing users or training for new users added after initial program launch is delivered virtually. Participants may attend virtual classes individually from their own computers or gather in a central location such as a conference room, training room or computer lab. Virtual classes are provided at no additional cost to the City and can be requested up to eight times per year. Training Class Sizes For virtual classes Verra Mobility recommends no more than fifteen (15) participants (no minimum). For on-site classes Verra Mobility recommends at least six (6) and no more than fifteen (15) participants. RFP Requirement 5.28 Monitoring cameras to determine outages or mechanical issues. A SDS must have the ability to perform self-tests as to its detection accuracy. The system must perform a self-test at least once every 30 days. Unless otherwise agreed to be completed by Tampa Police Department in writing, the Successful Proposer shall maintain a log of the results of the system’s self-tests and shall also perform an independent calibration test on the speed detection system at least every 12 months. These shall be provided monthly to the Tampa Police Department for use in any hearing as authorized under Florida Statute Section 316.1906. Verra Mobility Response Yes, we comply with this requirement. Our system runs self-tests and calibrations at a minimum every thirty (30) days, and any issues discovered, are addressed quickly. Verra Mobility will maintain a log of the results of the system’s self- tests and will perform an independent calibration test on the speed detection system at least every 12 months. 1221 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 51 ©2024 Verra Mobility™ | Proprietary and Confidential We maintain equipment performance logs that can be provided to the City upon request. The Verra Command Center (VCC) provides 24x7 monitoring and support for all camera systems to verify each site’s operational status every day. Figure 7 Verra Mobility Command Center Screen The VCC leverages a suite of systems and tools to ensure proper system functionality and processes maintenance events through the following three phases. • Collection – Verra Mobility collects real-time data from numerous sources including image/video data, event data, network availability, system log files, and sensor data. This is unprocessed raw data that feeds through our processing engine. • Correlation – Verra Mobility uses correlation to make sense of the raw data. We connect details from disparate sources to draw a fuller picture of the impact. Using this powerful tool, we can identify issues quickly, effectively prioritize their impact, and ultimately build a faster path to resolution. • Automation – Verra Mobility applies further automated logic in real-time including: o Automated image review to ensure optimum image and video quality o Automated escalation and notification procedures to immediately engage resources to reduce mean time to repair (MTTR) o Automated 24/7 paging to field to get support teams rolling when necessary. Figure 8 Verra Mobility Automation Cycle If a camera or system malfunction occurs, we will immediately notify the appropriate personnel. Clients can customize how often they want to be notified of critical incidents. Notifications will be sent by text or email, depending on the user’s preference. We use a priority scheme in our VCC to ensure that we respond first to critical outages that render the camera system inoperable or have the potential to be a safety hazard to the public. Service tickets are created in response to: • Verra Mobility’s monitoring tools identifying a failure condition and auto populating a ticket • Our support organization identifying an issue and creating a service ticket • One of Verra Mobility’s other support organizations identifying an issue and creating a service ticket 1222 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 52 ©2024 Verra Mobility™ | Proprietary and Confidential • Local field personnel identifying an issue and creating a service ticket Once a ticket is created, it is placed in a queue for the associated site. A severity level is assigned, and the ticket is prioritized accordingly. The system has built-in escalations for notification of appropriate management in exception conditions. In such cases, a field services technician is dispatched to ensure that there are no safety hazards and creates a follow-up ticket to complete the repairs and return the system to operational status. The VCC also allows for ticket transfers, showing the progression of a particular failure. For example, a ticket might start with Tier 1 support, been passed to a network specialist, and then passed to the field for onsite repair. The system tracks each “touch” and records all activity as it is passed from one support group to another. All tickets have specific escalation “triggers.” For example, schedule conflicts with resource requirements (i.e., equipment and labor) are a trigger, just as remedy-recommendation issues are a trigger. In response to each trigger, the dispatch team and appropriate management levels are notified, and corrective action is taken to complete and close the ticket swiftly and successfully. Throughout the entire process, updates are made to the ticket logs to form an “audit trail” and ensure that the status of every event is easily accessible and up to date. As new releases of software, firmware and hardware become available, or as general maintenance activities need to be performed (e.g., camera adjustments, lens cleaning, flash bulb replacements, etc.), a dispatch ticket is queued for scheduling in conjunction with either a “grouping” of upgrades or a repair call. Such scheduling allows us to complete system upgrades/maintenance with the least amount of disruption to the sites. Upgrades which are deemed critical are placed in our standard dispatch queue with a high priority and scheduled the same way as a trouble ticket would typically be handled. RFP Requirement 5.29 A comprehensive training program for City of Tampa personnel involved in the administration and/or operation of the system and its components, including designated personnel. Training for personnel should include at a minimum: -Detection and camera systems familiarization; -System training in a classroom or work environment setting; -Hardware (if applicable) and or software familiarization training; and -Testimony and evidence presentation strategies for presenting School Zone Speed citations at a Notice of Violation hearing or in traffic court. Verra Mobility Response: Verra Mobility will provide a comprehensive training program for City of Tampa personnel involved in the administration and/or operation of the system and its components, including designated personnel. Training for personnel will include at a minimum: • Detection and camera systems familiarization. • System training in a classroom or work environment setting. • Hardware (if applicable) and or software familiarization training; and • Testimony and evidence presentation strategies for presenting School Zone Speed citations at a Notice of Violation hearing or in traffic court. Our dedicated trainers have decades of experience in the Learning and Development industry with a focus on adult learning. Recognizing the importance of the National Highway Traffic Safety Administration’s guidance for training in Radar and Lidar Speed measurement, our trainers are certified by the Institute of Police Technology and Management as instructors of Police Traffic Radar and Laser. The City will receive a range of training options to ensure that all users are properly trained in relevant aspects of the systems and program. See our response to RFP Requirement 5.27.4 for additional details on our course offerings. RFP Requirement: 5.29.1 Successful Proposer shall furnish all training materials when required and include samples of training materials as part of its submittal. 1223 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 53 ©2024 Verra Mobility™ | Proprietary and Confidential Verra Mobility Response: Verra Mobility will furnish all training materials required and have included samples of training materials as part of its submittal. The sample course materials are located in Appendix 2 – Sample Training Materials. Example training course descriptions are provided below. Program and Technology Overview Training Course - This course provides participants with a comprehensive introduction to the camera systems and back office workflow, from roadside event capture through citation issuance and post-issuance services. Content is tailored to fit the audience’s roles and responsibilities and can be customized to be delivered at multiple levels of depth. This is offered as a standalone course or can be combined with any of the Functional Training courses listed. Functional Training: Event Processing - The Event Processing course instructs designated personnel (typically Law Enforcement) to operate our easy-to-use BOS. Participants are trained on system navigation and functionality, and all available tools used when reviewing potential violations. This training includes hands-on processing of events when delivered immediately following camera activation and program launch. Functional Training: Payment Processing This course is designed specifically for those personnel who will be receiving and entering payments into the BOS, should the Program choose to accept payments locally. This course guides participants through the process of applying payments with hands-on practice. It also demonstrates how to use reports to monitor the payments recorded daily by the City’s users, and other payment-related functions. This course is only necessary should the Program opt to accept payments locally and use Verra Mobility BOS as the system of record for local payments. Functional Training: Finance and Reconciliation This course is designed specifically for personnel, typically finance or accounting personnel, who handle reconciliation of revenue received for the program. This course is customized for each program. This includes reconciliation of revenue received using on-demand reports, and when applicable, documenting refunds issued and documenting returned payment items. Functional Training: Hearings and Adjudication This course instructs Court personnel how to use our BOS to retrieve evidence packages, process Affidavits, manage hearing schedules, record dispositions, and use the system reports associated with contested citations. This training is only necessary for Programs which elect to use our BOS to facilitate their court procedures, including Administrative Reviews, Hearings and/or Appeals. Functional Training: Reporting This course instructs personnel how to access and use the BOS reports feature. The course is tailored to focus on the reporting pertinent to the audience’s roles and responsibilities. This course can be integrated into any of the Functional Training courses or can be a stand-alone course. 1224 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 54 ©2024 Verra Mobility™ | Proprietary and Confidential RFP Requirement: 5.30 A system for the Program that requires no dedicated servers or specialized computers owned by The City for deployment of the Program. Verra Mobility Response: Yes. Our back-office platform system is web-based and does not require dedicated servers or specialized computers. RFP Requirement: 5.31 Providing access to the web-based processing / approval software and/or any other related software. Verra Mobility Response: Verra Mobility will provide access to the web-based processing / approval software and/or any other related software. The program manager will have the ability to authorize access by notifying Verra Mobility’s Customer Support Specialist to create the access profile account. This mirrors the process that we use for your current red-light program. RFP Requirement: 5.32 Business practices, financial processes, and timeline for transferring funds. Verra Mobility Response: Verra Mobility uses industry best business practices and financial processes that are statutorily required and accepted by the City of Tampa. We use ACH transfers to perform financial processes. Our fund transfer timeline is configurable based upon Tampa’s needs. RFP Requirement: 5.33 Materials for Notice of Violation hearings and court hearings including but not limited to legal proceedings challenging the speed detection system or issuance of a Notice of Violation or citation. Verra Mobility Response: Verra Mobility provides materials for Notice of Violation hearings and court hearings including but not limited to legal proceedings challenging the speed detection system or issuance of a Notice of Violation or citation. The BOS will be configured to produce an electronic Evidence Package for each citation that allows authorized users to view and print the following information: • The violation images associated video clip and data. • All issued and disputed notices. • Camera log report. • Any other relevant documents (such as letters from the defendant) that may be included in the file prior to each scheduled hearing. The Evidence Package is an Adobe PDF file that can easily be passed to the Court for reference by the hearing officer or judge during the hearing. The evidence package will include all necessary documents associated with each violation. 1225 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 55 ©2024 Verra Mobility™ | Proprietary and Confidential RFP Requirement: 5.34 Expert witness testimony when required in all legal proceedings or City Notice of Violation or City Council hearings to explain, defend, or confirm the functionality or accuracy of the system. Verra Mobility Response: Yes. Verra Mobility will provide an expert witness for any City Council hearing and in any legal proceeding. Verra Mobility will train a Customer expert witness, if necessary depending on the frequency of the need of an expert. RFP Requirement: 5.35 Experience with sealed and certified plans for the placement of infrastructure and equipment in public rights-of- way to required transportation departments for review and approval. Verra Mobility Response: Yes, we have more than a decade of experience with sealed and certified plans for the placement of infrastructure and equipment in the public right-of-way not only in Florida, but throughout the United States. In addition to utilizing, as needed, highly qualified local vendors and subcontractors for various activities, Verra Mobility has a fully integrated and equipped in-house design and engineering team of surveyors and CAD technicians under the leadership/supervision of a Professional Engineer (PE) licensed in multiple states, including Florida, with a Master’s concentration in Transportation Planning and Engineering and 15 years of experience in traffic engineering and transportation planning. The Design and Engineering Team will manage design plans to adhere to local permitting and will collaborate with our in-house construction staff on drawing review, provision of final drawings for the approved sites, and the necessary requirements for submission as prescribed by the City. RFP Requirement: 5.36 Verification of the calendar for enforcement times. The service provider shall describe the responsibility for this business process on an ongoing basis after installation. Verra Mobility Response: Verra Mobility provides for the verification of the calendar for enforcement times by working with the City and School District in order to ensure that we abide by the proper school scheduling. We proactively review the business rules every six months to adapt to any changes that may arise in the school calendar. RFP Requirement: 5.37 Distributing funds collected by the vendor in accordance with chapter 2023-174, Laws of Florida. Verra Mobility Response: Verra Mobility will distribute funds collected in accordance with chapter 2023-174, Laws of Florida. We will provide a business solution tailored to the City of Tampa’s needs and remain statutorily compliant. We currently provide financial transfers for your red-light program and are already set up with the City. RFP Requirement: 5.38 Each speed detection system (SDS) shall be equipped to detect a violating vehicle specifically using LiDAR (Light Detection and Ranging) or radar, activate the camera/video system, and produce color images of the rear of the vehicle. Digital camera/video technology is required. The City requires SDS with both photo and video capabilities. The City prefers LiDAR. Verra Mobility Response: Verra Mobility is a global industry expert and the number one provider of automated enforcement solutions in the State of Florida with 31 communities currently served. We have worked with numerous cities, towns, transportation departments and police departments from all around the world to develop the most robust and efficient products to enhance community safety. As such we wanted to share our experience in the use of radar and LiDAR systems with the City of Tampa by clearly explaining the industry and academic recommendations on both technologies. 1226 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 56 ©2024 Verra Mobility™ | Proprietary and Confidential We recommend radar because of the inherent limitations of single-point LiDAR. LiDAR is often seen to be effective with handheld applications but not on a fixed speed solution that is installed on a pole. Other competitors may propose both solutions, but radar is the superior solution for a fixed school zone speed solution. The diagram below compares key features of both radar and LiDAR. As stated, our 4D tracking radar outperforms LiDAR in all of the categories listed such as operational range; measuring distance, angle and speed of vehicles; concurrent and simultaneous violation capture; impact of vehicle shape; and secondary speed validation. Below are examples of common failure points for LiDAR when used for fixed speed detection. Radar detection casts a wide beam. Current versions of radar can detect multiple objects inside the beam with speed reading accuracy that is supported in court. Radar operates by emitting radio waves and measuring the time it takes for them to bounce back after hitting an object. Radar allows the system to accurately determine the distance and speed of vehicles. 1227 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 57 ©2024 Verra Mobility™ | Proprietary and Confidential Verra Mobility’s speed detection system (SDS) will be equipped to detect a violating vehicle specifically using radar that will activate the camera/video system and produce color images of the rear of the vehicle. Digital camera/video technology is provided by our solution, including both photo and video capabilities. RFP Requirement 5.38.1 Explain how the vehicle speed is determined and the accuracy of the speed detection. Verra Mobility Response: Our speed safety detection solution is installed roadside and cameras pointed in the direction of vehicle travel to capture the rear of each offending vehicle as it enters the enforcement area. When the system detects speed violation of a moving vehicle, at the subsequent capture point, additional images are captured for positive plate and vehicle identification. Please see the depiction below. Speed Detection Validation The 4D radar system gives our speed enforcement solution unparalleled accuracy for detecting speed. Each radar beam of the 4D radar system individually measures the speed of a vehicle to verify accuracy. Verra Mobility’s enforcement software with unique detection algorithms make the captured detail clearer for adjudication and processing purposes. Our low light capable industrial digital cameras and purpose-built LED illumination provide targeted illumination while providing high repetition rates for capture of every vehicle. The proposed fixed speed system uses advanced imaging capabilities to deliver sharp clear images in all lighting and extreme weather conditions. By automatically analyzing lighting conditions the system is immediately configured for optimal performance. In addition, the system uses specialized LED illumination technology to ensure that only the right amount of light is required to capture reliable accurate images. Our proposed fixed speed solution includes the following features: • The camera system is physically aligned to monitor traffic in the receding direction at an angle of 22 degrees relative to the travel lanes being monitored. • The bi-frequency 4D radar detection system with two radars and the camera, are physically aligned to attain a consistent viewing angle (relative to each other) is optimized for the 22-degree angle, to compensate for the radar cosine effect, which ensures proper speed detection and accuracy allowing the system to meet the +/- 1 mph accuracy requirements. 1228 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 58 ©2024 Verra Mobility™ | Proprietary and Confidential • When the vehicle transitions in front of the camera system, the primary speed detection device (Across the Road Speed Radar) and the secondary speed detection device (Ranging Radar) detect the vehicle entering the Radar’s detection beam. • The system collects and analyzes data in real time for conditions which meet those of an offending vehicle, in this case event threshold speed. During the event capturing sequence, the radars evaluate the speed and position of a detected vehicle, as well as the reflected radar power levels for each receiver. By evaluating the power return envelope of the two radars, we can determine and ultimately filter out radar reflections which often cause false positive events. The system records all this detection data in the event file where it is digitally signed and encrypted, so it can be used to reliably evaluate and confirm the system’s configuration, operation, and performance at the time of the event. The data have useful information when preparing for court testimony when speaking to reliability of the system. The camera system will trigger the illumination, capture image data, and compile an event only if the two radars “agree” within a pre-set tolerance amount. As the radars and the camera are physically “aligned,” we know exactly where the camera points when data are collected and can confirm through visual overlays the radar beam relative to the image being captured. These overlays can be used to easily identify the correct vehicle when more than one vehicle is present in the image and aids incident processing. RFP Requirement: 5.38.2 All SDS component operations must be synchronized to a single, standard, independent, external, and verifiable time, and date source. Verra Mobility Response: Yes, we comply with this requirement. Our systems use GPS to verify and standardize time and date. RFP Requirement: 5.38.3 SDS enclosures must be tamper proof and vandal proof. Verra Mobility Response: Our speed enforcement camera enclosures are robust, vandal proof and tamper proof. The camera system enclosures include sturdy keyed locks to prevent unlawful access. RFP Requirement 5.38.4 SDS enclosures must be as small as possible and use as little power as possible. Proposer should specify the number of flash units required by your camera system. State the size of the SDS enclosure and the normal power draw of the SDS system, including the power usage during the flash phase. Floodlights may not be used. Verra Mobility Response Our SDS enclosures are visually appealing, compact, and designed to use little power. • The dimensions are 13 in x 16.6 in x 5.2 in (331mm x 421 mm x 132 mm). • The system uses an LED flash and IR flash with a very low power draw with Peak Draw at 12VDC (18.325A), average draw at 12VDC (7.05A) and average wattage at 85W. • No floodlights or extremely bright lights are needed for our camera system to operate optimally. RFP Requirement 5.38.5 SDS enclosures must be designed in such a fashion that maintenance and other operations can be accomplished easily and quickly without creating a public safety hazard. Explain typical maintenance procedures. Verra Mobility Response: Our preventive maintenance visits include the following proactive activities that are performed to ensure public safety: • Clean all glass, camera enclosures, strobe housing, lens covers and polarizers (of graffiti, dust, oil, and other grime) • Inspect all enclosures for proper seals, locking mechanisms, etc. 1229 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 59 ©2024 Verra Mobility™ | Proprietary and Confidential • Inspecting and tightening all cables, connections, and terminations • Test full functionality of the system (triggering, test shots, strobe, and video) • Visually inspect the site environment (road surface conditions, signage, and obstructions such as tree branches), photographing any potential issues and relaying information to field services and client project management for decisions on corrective action • Test voltage coming to the system and being supplied throughout the system • Ensure proper grounding RFP Requirement: 5.38.6 Preference will be given to SDS that requires the least infrastructure at the location. Verra Mobility Response: While other systems crowd intersections with excess infrastructure – up to three poles – our proposed speed safety enforcement system mounts to a single pole. The system’s proven, non-invasive radar technology enforces traffic with no disruption to the roadway, no boring across an intersection, and eliminates the need for multiple camera systems, illumination units, or poles. RFP Requirement: 5.39 Each system must be capable of operating multiple sources of power. Solar should be used as the primary source of power; however, AC may be used if placed in an area with low sunlight. The vendor will determine the best power source for each installation. Verra Mobility Response: Verra Mobility understands that the City prefers a solution that runs on solar power. Our systems are able to run on solar power or AC direct power. Our solar-powered solution minimizes operational costs and environmental impact. With solar panels and power storage on the same pole as the camera system, this streamlined solution is aesthetic and easy to install for a variety of use cases. RFP Requirement: 5.40 Each system must be capable of clearly photographing and recording the rear of the vehicles so as to clearly identify the rear license plate of the vehicle that is reasonably believed to have violated the speed limit within the designated school zone. Verra Mobility Response: Yes, we comply with this requirement. Our system both photographs and video records the vehicle as it enters and exits the violation zone as shown in the depiction included within our response to RFP requirement 5.38.1. RFP Requirement: 5.41 Each system must be capable of consistently photographing and taking video of license plates regardless of glare or materials used to obscure the license plate from clear view at various viewing angles. Verra Mobility Response: 1230 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 60 ©2024 Verra Mobility™ | Proprietary and Confidential Yes, we comply with this requirement. Our systems can capture clear photographs and video regardless of possible obstructive materials on a license plate at various viewing angles. RFP Requirement: 5.42 Each system should be capable of detecting four traffic lanes at once as described under 5.1.6. Describe the system’s ability to accurately capture violations, providing a visual indication on the citation of the area in which the SDS LiDAR or radar contacted the vehicle. Verra Mobility Response: Yes, each system will be capable of detecting up to six lanes, however, we can also isolate each lane for enforcement purposes. Please see our response to RFP section 5.38.1 for a depiction that shows how our system has the ability to accurately capture violations and provide a visual indication on the citation of the area in which the SDS radar contacted the vehicle. RFP Requirement: 5.43 The vendor must provide details on the technology used to capture speed (LiDAR or Radar) to include any accuracy studies and manufacturing details. Verra Mobility Response: Our proposed 4D Radar technology has an accuracy rating of 99% (+/- 1 mph). The City can find documentation providing accuracy in Appendix 3 - Accuracy Study. This radar system is assembled in the United States. RFP Requirement: 5.54 Vendor must provide a flexible location specific enforcement schedule mechanism, capable of permitting the agency to create custom action-based penalties, document penalties, or monetary penalties. Verra Mobility Response: Yes, Verra Mobility currently provides a flexible location specific enforcement schedule mechanism, capable of permitting the agency to create customer action-based penalties, document penalties, or monetary penalties. This functionality on Tampa’s red light program through our back office platform and we can provide the same for the school zone speed program. RFP Requirement: 5.55 Vendor must provide a flexible payment schedule mechanism that allows the agency to tailor the monetary penalties being applied. Verra Mobility Response: Yes. Verra Mobility will provide a flexible payment schedule mechanism that allows the City to tailor the monetary penalties being applied. Our proven back-office system includes functionality that would allow for payment plans to be created and tracked. We can work with The City to more fully understand your requirements surrounding payment plans and collections. RFP Requirement: 5.56 The City of Tampa prefers infrared systems that do not utilize distracting flashing devices (other than those necessary for proper warning) particularly as many potential installations are along two-lane roadways. Please specify the type of lighting required by your system for a standard four-lane roadway. Also describe associated flash characteristics, if any, of your system. Verra Mobility Response: Verra Mobility does not utilize distracting flashing devices. Our low light industrial digital cameras include purpose- built LED and infrared flashes provide targeted illumination while providing high repetition rates for capture of every vehicle and do not create distracting flashes. RFP Requirement: 5.57 From point of data capture, all video and camera photos and accompanying video sequences must be capable of secure storage and transmission, and capable of maintaining a secure chain of evidence. Service providers shall briefly describe their approach to maintaining security of evidence. 1231 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 61 ©2024 Verra Mobility™ | Proprietary and Confidential Verra Mobility Response: From point of data capture, all video and camera photos and accompanying video sequences, we provide secure storage and transmission that maintains a secure chain of evidence. Our system includes a secure chain of evidence with digital signature at time of capture and data encryption for delivery to the back-office processing system. RFP Requirement: 5.57.1 Explain how the image and violation data is secured and transmitted to the processing center. Verra Mobility Response: All enforcement camera events are securely delivered to our processing center via wired and wireless communications. Our system includes a secure chain of evidence with digital signature at time of capture and data encryption for delivery to the back-office processing system that follows the following process. This is the same process that Verra Mobility currently follows on the City’s red-light program. 1. Video is automatically pulled from our camera system—multiple times throughout the day—using a secure connection. 2. The encrypted license plate data is confirmed and cropped from one of the original images and reads the plate using Optical Character Recognition (OCR). After confirmation that the values entered are correct, the event is processed in accordance with the City’s business rules. 3. The BOS automatically obtains the encrypted owner registration data using Verra Mobility’s established interface with Nlets for the City’s program as authorized by the local law enforcement agency. Our company reviews and revises information if needed. Events are brought back to this step if further review is necessary. 4. The encrypted event data is sent to authorized law enforcement personnel to verify that the vehicle license plate, registration information, and vehicle information is correct and to determine whether a violation occurred. RFP Requirement: 5.58 Submit example set(s) of violation images and evidentiary photos and videos electronically with their proposal, if applicable under the following conditions: -Daytime – fair conditions AND rain conditions; and -Nighttime – fair conditions, AND rain conditions. Must include a visual indicator proving the vehicle in the image was the one captured by the SDS LiDAR or radar. Verra Mobility Response: Our camera system allows for extremely clear violation images and video under various weather conditions. Please see our example SDS violation images located below. 1232 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 62 ©2024 Verra Mobility™ | Proprietary and Confidential Figure 9 Daytime Fair Image Figure 10 Daytime Rain. 1233 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 63 ©2024 Verra Mobility™ | Proprietary and Confidential Figure 11 Night Scene Image Figure 12 Night Rain Scene Image RFP Requirement: 5.59 Evidentiary data to indicate school zone flashers were flashing during the time a speeding violation occurred. Verra Mobility Response: Images captured by the enforcement system have a digitally imprinted data bar, that is set to the time when school zone beacons are flashing, which provides evidence for the citation. This provides the location, date, time, and vehicle speed. Below is an image of the evidentiary databar. 1234 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 64 ©2024 Verra Mobility™ | Proprietary and Confidential 5 Verra Mobility’s proprietary BOS is software-as-a-service. Under all circumstances, Verra Mobility shall retain ownership of its back-office platform, including any modifications, configurations, improvements, enhancements, upgrades, or further developments of the BOS even if modified, configured, improved, enhanced, upgraded, or further developed at the request, feedback, or recommendation of the Customer. Under no circumstance will any modifications, configurations, improvements, enhancements, upgrades, or further developments of the BOS be considered “Work for Hire”. During the term of our Agreement with Customer, Verra Mobility grants Customer a non- exclusive, non-transferable, revocable license to access and use its back-office platform. Figure 13 Evidentiary Databar Information Our technology provides a video of events for review. Upon receiving their printed citation in the mail, violators will be able to log into ViolationInfo.com and review the documented event through witnessing the entire video of the violation with the flashing lights. RFP Requirement: 5.60 A web-enabled and fully secure Notice of Violation and citation processing system that includes data processing, initial screening of data, prompt delivery of data to police for violation review and citation authorization, Notice of Violation and citation mailing, bad address notification, and maintenance of secure Internet-based violation viewing capability. Verra Mobility Response: Our Smart Mobility Platform is a robust, web-enabled, and fully secure back-office system (BOS)5. This feature-rich, easy-to-use system automates data processing, initial screening of data, prompt delivery of data to police for violation review and citation authorization, Notice of Violation and citation mailing, bad address notification, and maintenance of secure Internet-based violation viewing capability. Below describes our process for secure notice of violation and citation processing. 1. Initial Screen of Data: The license plate is cropped from one of the original images and reads the plate using Optical Character Recognition (OCR). After confirmation that the values entered are correct, the event is processed in accordance with the City’s business rules. 2. Prompt Delivery of Data: The BOS automatically obtains owner registration data using Verra Mobility’s established interface with Nlets for the City’s program as authorized by the local law enforcement agency. Verra Mobility reviewers verify the information is accurate prior to forwarding for police review. 1235 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 65 ©2024 Verra Mobility™ | Proprietary and Confidential 3. Police Review: The event is sent to authorized law enforcement personnel to verify that the vehicle license plate, registration information, and vehicle information is correct and to determine whether a violation occurred. The police can accept or reject a violation. RFP Requirement: 5.61 A system for mailing NOV’s and administrative orders by first-class mail, and UTCs by certified mail, in accordance with Florida Statue section 316.1896 and tracking mail delivery by the U.S. Postal service. Verra Mobility Response: Yes, we comply with this requirement. Below is a description of mailing NOV’s and administrative orders by first-class mail, and UTCs by certified mail, in accordance with Florida Statue section 316.1896 and tracking mail delivery by the U.S. Postal service. • Once the law enforcement agency determines the event is a violation and advises Verra Mobility to send the initial notice, official notices are generated, printed, and mailed to violators via first-class mail. • The violator receives the notice and either pays the fine through one of the available payment channels, requests a hearing, or returns the notice for re-processing. RFP Requirement: 5.62 A system capable of using a two-factor user authentication protocol for any web enabled application. The service provider’s system shall be CJIS compliant. Please describe any other certifications or measures related to computer / system security. Verra Mobility Response: We may offer two-factor user authentication protocol for any web-enabled application in order to ensure security and compliance. Our Senior Account Manager Placido Diaz is a member of IACP. We also are constantly monitoring IACP committee on CJIS recommendations for security and data retention. RFP Requirement: 5.63 Obtain registered owner information and keep the access to this information confidential and meet the requirements of federal DPPA and Florida identification protection laws. Verra Mobility Response: Verra Mobility is both NLETS and CJIS compliant and is able to keep information confidential and meet the requirements of federal DPPA and Florida identification protection laws. RFP Requirement: 5.64 Handle customer inquiries and complaints in English and in Spanish during normal business hours with details of location of any customer service center and operation of business. Verra Mobility Response: Yes, we support by: > English and Spanish IVR System – We support a bilingual 24/7 IVR system, which allows the public to make inquiries using their citation number or license plate number. > Call Center – Verra Mobility includes a toll-free number on each citation to speak with live, bilingual customer service representatives. The call center is available to answer calls Monday through Friday, 8:00 a.m. to 8:00 p.m. Eastern time. > Citizen Inquiries – Verra Mobility staff members are available to respond to citizen inquiries and offer bilingual support outside of the call center, such as those received via fax, email, or through the public-facing website. RFP Requirement: 1236 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 66 ©2024 Verra Mobility™ | Proprietary and Confidential 5.65 Provide all notices and affidavits in English and Spanish and include all required ADA language for Notice of Violation and traffic court hearings. Verra Mobility Response: Our notices and affidavits can be provided in English and Spanish. We provide public access to view all evidence (e.g., images, video, equipment calibration certificates, etc.) in an ADA-compliant user interface. RFP Requirement: 5.66 To the extent not covered above, Proposer should ensure it has provided information on how it will comply, and help ensure The City complies, with all the requirements of chapter 2023-174, Florida Statutes. Verra Mobility Response: Yes, we comply with all requirements above and have extensive experience with citizen services in Florida and with the City of Tampa to ensure our systems comply with all Florida statutes. We provide these exact services on our Tampa red light program. RFP Requirement: 5.66.1 Use of camera systems constructed by Chinese manufacturers. Proposer shall comply with all laws which prevent, restrict, or limit use of camera systems constructed by manufacturers. Vendor shall certify whether its SDS, or any component thereof, uses materials imported from China or that are constructed by a Chinese manufacturer or domestic or international manufacturer using materials imported from China. Verra Mobility Response: We comply with the applicable laws, and we do not use Chinese manufacturers and components, and we are in line with current State statutes. RFP Requirement: 5.67 Process for exchange of sensitive data only upon written approval by the City of Tampa. Verra Mobility Response: Yes, we will comply. Verra Mobility does not exchange data with any other party unless specifically requested by the City. RFP Requirement: 5.67.1 Successful Proposer must provide image and data security that shall prevent unauthorized persons from accessing the camera images and databases and tampering with images (explain methodology). Verra Mobility Response: Yes. Images captured by the enforcement system are packaged into event files with unique identifiers, digitally signed for both verification and security of information. Each image has a digitally imprinted data bar that can be customized to display information around the offending vehicle including location, date, vehicle speed, and elapsed time between images. RFP Requirement: 5.68 Location that data will physically reside (data sovereignty) (The City of Tampa has specific requirements based on data classification and sensitivity which requires data to reside within the United States or within the State of Florida). Verra Mobility Response: Yes, we will comply with this requirement. All data resides in a private cloud managed by Verra Mobility in Mesa, Arizona. No data from any customer program leaves the borders of the United States. RFP Requirement: 5.69 Ability to accommodate enhanced security requirements, such as dual authentication. Verra Mobility Response: 1237 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 67 ©2024 Verra Mobility™ | Proprietary and Confidential We may offer two-factor user authentication protocol for any web-enabled application in order to ensure security and compliance. Our Senior Account Manager Placido Diaz is a member of IACP. We also are constantly monitoring IACP committee on CJIS recommendations for security and data retention. RFP Requirement: 5.70 Process to assign clearance levels to internal or sub-contract positions, for accessing sensitive data. Verra Mobility Response: We assign clearance levels to access sensitive data through user permissions, managed by our IT team, included but not limited to digital fingerprint background checks. Verra Mobility also performs robust background checks on our personnel. RFP Requirement: 5.71 Employment and background check processes on employees and subcontractors that will be involved in the direct support or custody of data and processes associated with the proposed solution. Verra Mobility Response: Verra Mobility runs employment and background checks on employees and subcontractors that will be involved in the direct support or custody of data and processes associated with the proposed solution. We follow the items below to ensure security of data: • Employee has passed background check. • Employee receives annual security awareness training. • Computer has updated End-Point Protection (anti-virus) and is on a segmented network. • Network has restricted access to the Internet. • Authentication and authorization are handled via our IT department. RFP Requirement: 5.73 Ability to conduct testing with test or fictitious data (not LIVE data). Verra Mobility Response: Yes, we comply with this requirement. RFP Requirement: 5.74 Continuous detection and elimination of viruses with name of service provider. Verra Mobility Response: CrowdStrike provides continuous detection and elimination of viruses. It uses heuristics (behavior) capable of identifying and isolating viruses/malware even if they are Zero Day. RFP Requirement: 5.75 Change control processes that document baseline configuration and change control processes over the baseline configuration to ensure only approved and authorized changes are implemented in the system. Verra Mobility Response: Changes to Verra Mobility applications and infrastructure are managed through a Change Advisory Board (CAB) requiring review and approval from multiple key stakeholders. Code releases to the application are reviewed on a monthly basis to confirm that a CAB ticket can be associated with each release. RFP Requirement: 5.76 Workforce information security awareness training. Verra Mobility Response: Every year, Verra Mobility requires all employees to spend training hours renewing their commitment to perform their duties with ethics and integrity, the behaviors that underly our Core Values. All employees are required to participate in our compliance training program, which includes three courses: • Code of Business Ethics and Conduct 1238 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 68 ©2024 Verra Mobility™ | Proprietary and Confidential • Anti-Bribery and Corruption • Security and Privacy Awareness RFP Requirement: 5.77 Backup, redundancy, and disaster recovery protection from risk of fire, utility failure, structural collapse, plumbing leaks or other such man-made or natural disasters. Verra Mobility Response: Yes, we comply with this requirement. Verra Mobility has a full disaster recovery plan in place for all our clients. RFP Requirement: 5.78 Performance of Traffic / Location Study and Site Survey. Ability to work with The City to continuously evaluate at the City’s request a school zone’s heightened safety risk in accordance with chapter 2023-174, Laws of Florida, to provide quantitative assessments. As part of this process, approved Proposer will develop baseline data for school zone locations by monitoring traffic to quantify the frequency, degree, and speed during that period. The sole determination of school zone speed detection system locations remains with authorized personnel for The City and all site locations will require authorization by Ordinance. The approved Proposer shall provide any testing or site survey requested by The City on an ongoing basis during the contract period. The cost for any study, testing or site survey as requested by The City will be included in this cost proposal. Traffic / location studies will be provided in a professional report detailing the data captured and analyzed to determine whether there is a heightened safety risk that warrants additional enforcement measures at a school zone to justify a speed detection system. Provide length of time for completion of a generic study. We suggest time of two-week for data collection and completion of this study. Verra Mobility Response: As part of safety evaluation of school zones, we develop traffic / location study and site surveys in line with client requirements. The study includes baseline traffic data with speed summaries and analysis of potential safety risk due to vehicle speeds. Our studies are designed to provide our clients with the most up-to-date metrics on specific locations throughout the City. We can provide generic traffic studies within two-week periods for data collection and completion. Cost of this study is included within our price proposal. We will comply with Chapter 2023-174, Laws of Florida, and all other applicable statutes. RFP Requirement 5.79 Camera Installation. From the school zones selected, the approved Proposer will deploy enforcement equipment that meets or exceeds the minimum standards specified above. Working with The City and Florida Department of Transportation (FDOT), the successful service provider will be responsible for all permit acquisition, site design, construction, installation, monitoring, and maintenance of the equipment. This will require the approved Proposer to submit a set of plans to City to review and to FDOT for the permit application. No work in the field can be performed prior to all applicable local and State permits. If applicable, approved Proposer must coordinate any electrical work or access with Tampa Electric Company (TECO). In the event an installed speed detection system needs to be moved due to roadwork or other reason, the approved proposer will move the camera and reinstall the camera at once the road work or event is completed. Speed detection systems may also be relocated as necessary. Provide length of time for completion of a generic SDS install. Verra Mobility Response: After The City approves the design plans and upon receipt of the required permits, we will begin site construction and system installation. Whereas Verra Mobility will have overall responsibility for the installation of the camera systems, we will work with Florida based Honey Home Services, Inc., to construct the camera sites. Our recommended transition approach will minimize construction needed at the existing sites. Together, Verra Mobility and Honey Home will ensure safe and continuous traffic flow during all phases of installation. Verra Mobility will submit a set of plans to City and FDOT to review for the permit application and any and all entities that will be required to approve. No work in the field will be performed prior to all applicable local and State permits. Verra Mobility will coordinate any electrical work or access with Tampa Electric Company (TECO). In the event an installed speed detection system needs to be moved due to roadwork or other reason, the approved proposer will move the camera and reinstall the camera at once the road work or event is completed. Speed detection systems may also be relocated as necessary. 1239 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 69 ©2024 Verra Mobility™ | Proprietary and Confidential Once permits are secured, the generic SDS install is 30-45 days. RFP Requirement: 5.80 Public Information and Education. Work in cooperation with the City of Tampa, the Hillsborough County School District, and the Tampa Police Department to produce initial public notice documents/media for the purposes of public education. The City’s goal is to encourage traffic safety and increase public knowledge of school speed zone enforcement systems including increasing awareness of the dangers associated with speed through these areas. Stakeholders included in the public information and education plan and how each is utilized to communicate with communities within the City for press releases, Internet-based advertisements and documents distributed by stakeholders. The public information campaign will be conducted in accordance with section 316.0776, Florida Statutes. Provide length of time for completion of public information and education. Verra Mobility Response: Verra Mobility will work in cooperation with the City of Tampa, the Hillsborough County School District, and the Tampa Police Department to produce initial public notice documents/media for the purposes of public education. Our public information campaign will be conducted in accordance with section 316.0776, Florida Statutes. We offer our clients the very best creative and inventive thinking when developing public information and community outreach strategies to promote traffic safety campaigns. We will work with you to ensure all of your public awareness requirements are met. Public awareness will be completed before the go-live of the program and will be tailored to meet the needs of the community. RFP Requirement: 5.81 Service and Maintenance. The servicing and maintenance of the automated school zone speed enforcement equipment will be the exclusive responsibility of the approved Proposer. Initial response to any equipment malfunctions will normally occur within a 24-hour period; repairs will normally be accomplished within a 72-hour period. Additionally, the Service Provider shall address the replacement of equipment that is damaged through an accidental means or intentionally through a criminal act and the time frame required for replacement of an installed system location if one becomes a total loss. Explain how you will ensure that these availability requirements will be achieved. Verra Mobility Response: Verra Mobility will provide service and maintenance of the automated school zone speed enforcement equipment with an initial response to any equipment malfunctions that normally occurs within a 24-hour period. Repairs will normally be accomplished within a 72-hour period. Additionally, Verra Mobility will address the replacement of equipment that is damaged through an accidental means or intentionally through a criminal act. The time frame required for replacement is highly dependent on damage to the site. For a total loss and potential rebuild of the site, the time to replace on average would take 30-45 days. Our company has a statewide presence in your region. We currently manage multiple programs in the State of Florida, including for the City of Tampa red light program. Our local field service team can support and respond to issues in a timely manner. Our local technicians provide maintenance which include but is not limited to repairing and/or replacing faulty or damaged components and addressing any vandalism such as spray paint, as well as larger issues such as knockdowns that require civil works. All reactive maintenance is tracked through work orders in the Field Service application, providing a complete, auditable history of each site. Additionally, our multi-tiered maintenance approach includes the following key components: System Health Checks Integrated camera monitoring module continually assesses system health 24/7 and sends proactive alerts if a fault occurs. It ensures all captured incidents are downloaded and accounted for and flags unusual incident volume trends, up or down, for further investigation. Daily Remote Monitoring Verra Mobility remotely monitors—daily—to ensure correct functionality, establish the highest yields, and guarantee the most stringent assurances for legal defensibility. Systems components of each site are continuously checked for 1240 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 70 ©2024 Verra Mobility™ | Proprietary and Confidential connectivity to receive images and video. If an operational outage triggers an alert, Verra Mobility technicians start remote diagnosis and, if possible, remote repair. Some examples of remote corrective actions include: • Adjusting car placement for radar detection • Rebooting the system and/or individual component • Making networking connectivity corrections • Enabling / disabling the system • Remote camera settings adjustment • Adjusting triggering thresholds • Making updates to firmware or images If remote repair is not possible, a field services technician will be dispatched to the site and will repair the system. Reactive Maintenance Local Verra Mobility Field Services team monitors real-time ‘Site Health Dashboard’. Field techs are dispatched to repair and/or replace faulty or damaged components and address any vandalism such as spray paint or movement of units. Field Maintenance is tracked through work orders providing a complete, auditable history of each site. Preventive Maintenance Field service technicians complete on-site, regularly scheduled preventative maintenance checks of each system, which are also tracked through work orders and documented in maintenance log for audit. Examples of preventive maintenance checks: • Cleaning glass, camera enclosures, strobe housing, lens covers and polarizers (of graffiti, dust, oil, and other grime) • Inspect enclosures for proper seals, locking mechanisms, etc. • Inspecting and tightening cables, connections, and terminations • Testing full functionality of the system (triggering, test shots, strobe, and video) • Visually inspecting the site environment (road surface conditions, signage, and obstructions such as tree branches), photographing any potential issues and relaying information for corrective action • Testing voltage coming to the system and being supplied throughout the system RFP Requirements: 5.82 Violation Screening, Notice of Violations, Affidavits and Citation Development. Work with the Tampa Police Department and designated City Legal Advisor to determine in detail the elements that will constitute evidence of speed violations (establishing Business Rules) in accordance with chapter 2023-174, Florida Statutes, and with the designated City Legal Advisor to determine the contents of the notice and citation that will be mailed to registered vehicle owners along with affidavits as required by law. Proposer shall describe its understanding of citation issuance under City Ordinance as well as relevant state statutes and laws. Specifically, the approved Proposer will work with the designated Legal Advisor to ensure the language of applicable statutes including any resolutions and or ordinances as necessary are prepared and approved and that the system remains in full compliance during the terms of the contract. Approved Proposer must provide violators with a method for viewing where the violation occurred via an interactive map and meet all requirements for SDS reporting. Verra Mobility Response: Similarly to your current red light program that we manage for the City of Tampa, Verra Mobility will work with the Tampa Police Department and designated City Legal Advisor to determine in detail the elements that will constitute evidence of speed violations (establishing Business Rules) in accordance with chapter 2023-174, Florida Statutes, and with the designated City Legal Advisor to determine the contents of the notice and citation that will be mailed to registered vehicle owners along with affidavits as required by law. Citation issuance is based on ordinance enactment and is statutorily driven. We will work with your legal advisor for the term of the contract to tailor your business rules for the program. The method for viewing where the violation occurred via an interactive map, can be accessed on ViolationInfo.com. This is also how violators access your red light camera program. 1241 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 71 ©2024 Verra Mobility™ | Proprietary and Confidential The following is a step-by-step description of the citation, billing, and reconciliation process. Events are reviewed, pre-processed, and queued for law enforcement’s (LE) review and determination as to whether a violation occurred. LE gives instructions to Verra Mobility using a Business Rules Questionnaire (BRQ) that directs us to follow your preferred program operating procedures and ensures compliance with Statute requirements at all levels. RFP Requirements: 5.82.1 Successful Proposer must provide The City access to all enforceable images and video produced by cameras for 60 days after the final disposition of the event (they are required to be destroyed within 90 days after the disposition of the event). Verra Mobility Response: We will provide the City access to all enforceable images and video produced by cameras for 60 days after the final disposition of the event. We will ensure they are destroyed within 90 days after the disposition of the event). We will follow all state statutes regarding retention guidelines. 1242 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 72 ©2024 Verra Mobility™ | Proprietary and Confidential RFP Requirements: 5.82.2 Successful Proposer shall provide an evidence package for any contested violations and shall consist of: -All photos and videos of the violation; -Registered vehicle information; -All issued and disputed NOV’s and UTCs to the party; -A violation history report; -A correspondence file; and -A payment history. Verra Mobility Response: Verra Mobility will provide an evidence package for any contested violations consisting of: All photos and videos of the violation; registered vehicle information; all issued and disputed NOV’s and UTCs to the party; a violation history report; a correspondence file; and a payment history. We currently provide evidence package services pursuant to your red light camera business rules on the City’s red light program. RFP Requirements: 5.82.3 Successful Proposer shall be responsible for the cost associated with the following items: Providing all necessary support for the presentation of violations at hearings to include all relevant photo and video evidence for every hearing held under the Program. Provide expert testimony as needed when determined by the City, concerning all phases of the SDS (including the theory, operation and functional capabilities of the SDS) in support of the prosecution of violations. Upon the request of the City, Proposer’s expert witness shall train City-identified individuals such that the City identified individuals can qualify as expert witnesses as well. Verra Mobility Response: Verra Mobility will be responsible for the cost associated with the following items: providing all necessary support for the presentation of violations at hearings to include all relevant photo and video evidence for every hearing held under the Program; providing expert testimony as needed when determined by the City, concerning all phases of the SDS (including the theory, operation and functional capabilities of the SDS) in support of the prosecution of violations. Upon the request of the City, Verra Mobility’s expert witness will train City-identified individuals such that the City identified individuals can qualify as expert witnesses as well. We provide expert witness services for your current red light camera program. RFP Requirements: 5.82.4 Successful Proposer will keep accurate and current records which are continuously available for use and inspection by the City and which document, at a minimum the following: Current open cases; Present status of all cases; Funds received through the Program; and Payments disbursed on behalf of, or to, the City. Additionally, Successful Proposer shall annually prepare and provide the required operations report due to the State of Florida Department of Highway Safety and Motor Vehicles as provided under Florida Statue section 316.1896(16)(a), or as otherwise required by statute or rule. This report shall be provided to the City for review by September 30th of every year, including the September 30th after the contract expires for the period of time the contract was in place since the previous filing. Successful Proposer shall ensure the report is filed annually by October 1st to the State of Florida Department of Highway Safety and Motor Vehicles as required by law. The report shall be in the form and manner as determined by the State and made available by the State. If required by the State, the Successful Proposer shall submit any required data components to the State on a quarterly basis. Successful Proposer shall ensure the respective data for reporting purposes is maintained for at least two years after such data has been reported to the State. Verra Mobility Response: Verra Mobility will keep accurate and current records which are continuously available for use and inspection by the City and which document, at a minimum the following: • Current open cases • Present status of all cases • Funds received through the Program 1243 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 73 ©2024 Verra Mobility™ | Proprietary and Confidential • Payments disbursed on behalf of, or to, the City Additionally, Verra Mobility will annually prepare and provide the required operations report due to the State of Florida Department of Highway Safety and Motor Vehicles as provided under Florida Statue section 316.1896(16)(a), or as otherwise required by statute or rule. This report will be provided to the City for review by September 30th of every year, including the September 30th after the contract expires for the period of time the contract was in place since the previous filing. Verra Mobility will ensure the report is filed annually by October 1st to the State of Florida Department of Highway Safety and Motor Vehicles as required by law. The report will be in the form and manner as determined by the State and made available by the State. If required by the State, we will submit any required data components to the State on a quarterly basis. Verra Mobility will ensure the respective data for reporting purposes is maintained for at least two years after such data has been reported to the State. RFP Requirements: 5.82.5 Successful Proposer’s shall provide storage capabilities to store NOV’s and UTC’s identified for prosecution for a period of time not less than five (5) years after final disposition of a case (again photos and videos are required to be destroyed within 90 days from the final disposition) and the termination of the contract. Successful Proposer’s shall comply with any additional requirements of Chapter 119, Florida Statutes relating to public records retention. The City shall be provided access to this stored information upon request. Verra Mobility Response: Verra Mobility will provide storage capabilities to store NOV’s and UTC’s identified for prosecution for a period of time not less than five (5) years after final disposition of a case (again photos and videos are required to be destroyed within 90 days from the final disposition) and the termination of the contract. We will comply with any additional requirements of Chapter 119, Florida Statutes relating to public records retention. The City shall be provided access to this stored information upon request. RFP Requirements: 5.82.6 Violation notices shall comply with all requirements under Florida Statute Section 316.1896 and shall be sent to the registered owner within 30 days after a violation specifying the remedies available under Florida Statute Section 318.14 and that the violator must pay the penalty or furnish an affidavit as supporting an exception as provided under the law. Notices must contain all information required under Florida Statute Section 316.1896(2) and (3). Verra Mobility Response: Verra Mobility will provide violation notices that comply with all requirements under Florida Statute Section 316.1896 and will be sent to the registered owner within 30 days after a violation specifying the remedies available under Florida Statute Section 318.14 and that the violator must pay the penalty or furnish an affidavit as supporting an exception as provided under the law. Notices will contain all information required under Florida Statute Section 316.1896(2) and (3). RFP Requirements: 5.82.7 Process affidavits submitted by owners or co-owners of registered vehicles as authorized under Florida Statue Section 316.1896 to include re-issuing Notices of Violations or UTC’s when an valid Affidavit meets the required standards and identifies the person having care, custody or control of the motor vehicle at the time of the violation. The Successful Proposer shall work with the designated Assistant City Attorney for establishing the process for reviewing Affidavits and reissuance of NOV’s or UTC’s. Proposer shall submit a proposed procedure for this process at the time of the proposal. Verra Mobility Response: Verra Mobility will work with the Assistant City Attorney to establish the process for reviewing affidavits and reissuance of NOV’s or UTC’s. Below is the procedure for this process: We will provide the authorized Assistant City Attorney and Police Department personnel with the ability to transfer liability of a notice from one defendant to another. The new notice will maintain the original notice number with an updated version number. The new notice will be issued to the new defendant with the original fine amount and updated 1244 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 74 ©2024 Verra Mobility™ | Proprietary and Confidential due date. The updated due date is determined by using the payment due date calculator provided by the City, in order to provide the new defendant, the required amount of time to respond. The Violation Processing System also provides the City the ability to dismiss notices for the following reasons: affidavit, unenforced address, issued in error, plate identified incorrectly, funeral procession, stolen vehicle/plate, DMV error, yielding to emergency vehicle, police ticket issued, no violation, false trigger, and administrative decision. RFP Requirements: 5.82.8 A UTC shall comply with all requirements under Florida Statute Section 316.1896, and shall be issued by a Tampa Police Department officer, or TIEO if applicable, and mailed by the Successful Proposer by certified mail to the address of the registered owner of the motor vehicle involved in the violation if payment has not been made within 30 days after notification, if the registered owner has not requested a hearing, and if the registered owner has not submitted an affidavit. In case of joint ownership, the UTC must be mailed to the first name appearing on the motor vehicle registration, unless the first name is a business organization, in which case the second name may be used. The UTC must be accompanied by information required under Florida Statute Section 316.1896(2)(b), (2)(c), and (2)(d), as may be amended. Verra Mobility Response: Verra Mobility will ensure that UTCs will comply with all requirements under Florida Statute Section 316.1896, and will be issued by a Tampa Police Department officer, or TIEO if applicable, and mailed via certified mail to the address of the registered owner of the motor vehicle involved in the violation if payment has not been made within 30 days after notification, if the registered owner has not requested a hearing, and if the registered owner has not submitted an affidavit. In case of joint ownership, the UTC will be mailed to the first name appearing on the motor vehicle registration, unless the first name is a business organization, in which case the second name will be used. The UTC will be accompanied by information required under Florida Statute Section 316.1896(2)(b), (2)(c), and (2)(d), as may be amended. RFP Requirements: 5.82.9 Successful Proposer’s violation processing system shall allow the City a detailed view into all of the information related to the Program. The City will provide authorization of NOV by electronic signature for those events that meet specified criteria. Verra Mobility Response: Yes, as done by Verra Mobility on your red light program, it will function in the same way with no additional complexity and in compliance with any statutory requirements. RFP Requirements: 5.82.10 All access to the violation processing system for the purpose of pre-processing evidence, Tampa Police Department (TPD) authorization, NOV/UTC printing, payments tracking, and generation of court evidence packages shall be Internet enabled and shall be available 24/7 for authorized users. Verra Mobility Response: Verra Mobility will provide access to our violation processing system for the purpose of pre-processing evidence. Our web- based system will enable the Tampa Police Department (TPD) authorization, NOV/UTC printing, payments tracking, and generation of court evidence packages. This information will be viewable and available under the event history 24/7 to authorized users. RFP Requirements: 5.82.11 Upon verification by TPD of an apparent violation, Successful Proposer shall, within 30 days of the violation, provide by first class mail a notification of the violation to the registered owner of the violating vehicle. This notification of violation shall be prepared in conformance with Florida Statute section 316.1896(2) requirements and approved by the City. Proposer shall include sample notice of violation as part of proposal which establishes it meets the statutory requirements and includes at a minimum: -The vehicle involved in the violation; -The registered owner of the vehicle; 1245 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 75 ©2024 Verra Mobility™ | Proprietary and Confidential -The remedies available to address the violation; -Payment options; -The amount of potential penalties and issuance of a UTC; -A photograph or other recorded image showing the license plate of the motor vehicle; -The date, time, and location of the violation; -The maximum speed at which the motor vehicle was traveling within the school zone; -The Speed limit within the school zone at the time of the violation; - Notice of the right to review the photograph or video captured and evidence of the speed and instructions on how to do view the evidence. Verra Mobility Response: Upon verification by TPD of an apparent violation, Verra Mobility will, within 30 days of the violation, provide by first class mail a notification of the violation to the registered owner of the violating vehicle. This notification of violation will be prepared in conformance with Florida Statute section 316.1896(2) requirements and approved by the City. We have included the following sample notice within our proposal that includes all of the required metrics listed. Once an event is confirmed and approved by law enforcement, the BOS will automatically queue the citation for printing and mailing.  Verra Mobility will mail all approved citations by First Class Mail within the City’s requirement and include a self- addressed return envelope with a designated address. Each citation also displays a digital signature of the law enforcement officer or program employee who authorized it. All citations are printed on high quality paper to eliminate smudging and provide the violator with clear visibility. RFP Requirements: 5.82.12 Before or upon mailing of notification of a violation, Successful Proposer shall also post video evidence of the violation on the designated website to allow review by the registered owner of violating vehicle. The initial notification letter shall include all information required by registered owner to log on to this website. 1246 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 76 ©2024 Verra Mobility™ | Proprietary and Confidential Verra Mobility Response: Before or upon mailing of notification of a violation, Verra Mobility will post video evidence of the violation on the program’s website to allow review by the registered owner of violating vehicle. The initial notification letter includes all information required by registered owner to log on to this website. The processing platform will produce an electronic Evidence Package for each citation that allows authorized users to view and print the following information: • A video clip, violation images and data • All issued and disputed notices • Camera log report • Any other relevant documents (such as letters from the defendant) that may be included in the file prior to each scheduled hearing The Evidence Package is an Adobe PDF file that can easily be passed to the Court for reference by the hearing officer or judge during the hearing. RFP Requirements: 5.82.13 Mailed violations shall also include a provision of a toll-free telephone hotline that will be staffed from 8:00am to 5:00pm, Monday through Friday EST of each week excluding City of Tampa observed holidays. During other times, the hotline will permit callers to obtain information and/or leave a voice message. All letters that accompany notice of violations shall include the corresponding toll-free number. Verra Mobility Response: Mailed violations will include a provision of a toll-free telephone hotline that will be staffed from 8:00am to 8:00pm (three hours more than the 5 pm RFP requirement listed above) Monday through Friday EST of each week excluding City of Tampa observed holidays. During other times, the hotline will permit callers to obtain information and/or leave a voice message. All letters that accompany notice of violations will include the corresponding toll-free number. Violators also have the option to listen to frequently asked questions (FAQs) and other program-related information. They can speak to a live agent if they need information that is not available in the system’s pre-recorded messages. RFP Requirements: 5.82.14 A Customer hotline telephone service shall provide response in multiple languages (at a minimum English and Spanish). Proposer shall provide details related to their resources and experience in providing customer service in multiple languages. Verra Mobility Response: Yes. We will provide a multi-lingual, toll-free, customer service center. > English and Spanish IVR System (hotline) – We support a bilingual 24/7 IVR system, which allows the public to make inquiries using their citation number or license plate number. > Call Center – Verra Mobility includes a toll-free number on each citation to speak with live, bilingual customer service representatives. The call center is available to answer calls Monday through Friday, 8:00 a.m. to 8:00 p.m. Eastern time. > Citizen Inquiries – Verra Mobility staff members are available to respond to citizen inquiries and offer bilingual support outside of the call center, such as those received via fax, email, or through the public-facing website. RFP Requirements: 5.82.15 After 60 days have elapsed from the date of mailing the NOV to the registered owner of the violating vehicle, unless the violation has been resolved (payment or hearing requested) as provided in Florida Statute section 316.1896(3), Successful Proposer will provide to the City in a mutually acceptable electronic form, notice of issuance of a Florida Uniform Traffic Citation (UTC) subject to the review and approval of the City. If a TPD officer, or TIEO if applicable, approves and 1247 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 77 ©2024 Verra Mobility™ | Proprietary and Confidential authorizes the issuance of the UTC, Successful Proposer will prepare the final UTC for mailing. A sample UTC should be provided and should include all applicable requirements for notice, payment, and challenging. Verra Mobility Response: After 60 days have elapsed from the date of mailing the NOV to the registered owner of the violating vehicle, unless the violation has been resolved (payment or hearing requested) as provided in Florida Statute section 316.1896(3), Verra Mobility will provide to the City in a mutually acceptable electronic form, notice of issuance of a Florida Uniform Traffic Citation (UTC) subject to the review and approval of the City. If a TPD officer, or TIEO if applicable, approves and authorizes the issuance of the UTC, we will prepare the final UTC for mailing. A sample notice is provided in our response to RFP Section 5.82.11. Please note that we currently fulfill this requirement for the City of Tampa on our red-light enforcement program. RFP Requirements: 5.82.16 The UTC shall be prepared and sent to the appropriate violator or registered owner via certified mail by the Successful Proposer at least 60 but not more than 74 days after the violation. Verra Mobility Response Verra Mobility will prepare and send the UTC to the appropriate violator or registered owner via certified mail at least 60 but not more than 74 days after the violation. RFP Requirements: 5.82.17 Successful Proposer shall describe and recommend the hardware and software required to run the administrative components of the processing and viewing system. Any software or hardware required to view or operate the processing system should be included in the cost proposal. The violation processing system shall provide the following functions at a minimum: -Web-enabled access and operation from Microsoft Internet Explorer and/or Google Chrome browsers; -Web-based access to statistical information related to the violations at all speed camera locations individually and overall; -Ability to provide for an online case management system; -Secure user log-in and access; -Automatic presentation of images and data captured by the camera system onto review PC’s; -Easy review of violation evidence against regulations; -Ability to both “play” full motion video and view multiple scene and plate images; -Ability to view each image as a full screen enlargement with a single click; -Ability to view all original images; -Ability to “crop” a license plate image area from the optimal license plate image in the multiple-image license plate set to establish vehicle ID, and subsequently print the cropped plate area image to the notice; -Ability to “accept” or “reject” violation sets and record rejection reasons; -Ability to generate printed warning letters (during the first 30 days of the Program at the City’s discretion); -Ability to automatically generate printed violation notices; -Ability to track and notify the City of multiple violations for license plate number; -Ability to store and archive all processed violation evidence into a secured database; -24/7 ability to access any stored violation image from the system’s database subject to agreed archive rules; -24/7 ability to request and immediately view Court Evidence Package image sequences displayed as video or as individual high resolution still shots, or send images to print locally; -24/7 ability to immediately request, view and print both standard and user-defined reports; -Secured Access Control and automatically generated Electronic Audit Trails; -Encryption and decryption management; and -Ability to ensure scheduling of NOV hearing so that hearing occurs within 180 days of the date of the violation. Verra Mobility Response: Our back-office software platform is web-based. It only requires an internet connection with a browser to view, perform administrative tasks and process violations. The system is able to provide all of the functions listed in this requirement and the cost for these functions are included in the price that we are submitting in this proposal. As described above, the violation processing system will provide the following functions at a minimum: 1248 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 78 ©2024 Verra Mobility™ | Proprietary and Confidential • Web-enabled access and operation from Microsoft Internet Explorer and/or Google Chrome browsers; • Web-based access to statistical information related to the violations at all speed camera locations individually and overall; • Ability to provide for an online case management system; • Secure user log-in and access; • Automatic presentation of images and data captured by the camera system onto review PC’s; • Easy review of violation evidence against regulations; • Ability to both “play” full motion video and view multiple scene and plate images; • Ability to view each image as a full screen enlargement with a single click; • Ability to view all original images; • Ability to “crop” a license plate image area from the optimal license plate image in the multiple-image license plate set to establish vehicle ID, and subsequently print the cropped plate area image to the notice; • Ability to “accept” or “reject” violation sets and record rejection reasons; • Ability to generate printed warning letters (during the first 30 days of the Program at the City’s discretion); • Ability to automatically generate printed violation notices; • Ability to track and notify the City of multiple violations for license plate number; • Ability to store and archive all processed violation evidence into a secured database; • 24/7 ability to access any stored violation image from the system’s database subject to agreed archive rules; • 24/7 ability to request and immediately view Court Evidence Package image sequences displayed as video or as individual high resolution still shots, or send images to print locally; • 24/7 ability to immediately request, view and print both standard and user-defined reports; • Secured Access Control and automatically generated Electronic Audit Trails; • Encryption and decryption management; and • Ability to ensure scheduling of NOV hearing so that hearing occurs within 180 days of the date of the violation. RFP Requirements: 5.83 Citation Processing and Payment. Notice of Violation and citation processing in compliance with chapter 2023-174, Florida Statutes. The approved Proposer must be an NLETS Strategic partner and house all CJIS/NLETS processing inside the continental United States at a CJIS compliant facility. All employees with access to citations and citation processing will meet all CJIS requirements. All payments must be handled by the successful service provider and use an internal audit trail and be verifiable by external audit. Lock-box payment service will not be permitted. Verra Mobility Response: Verra Mobility is an NLETS Strategic partner that will house all CJIS/NLETS processing inside the continental United States for the Automated Speed Detection for School Zone Safety Enforcement program. Our employees with access to citations and citation processing on behalf of the City meet all CJIS requirements. As we do on the City’s current red-light program, payments will be handled to allow for an internal audit trail and be verifiable by external audit. _________________________________________________________________________________________________ RFP Requirement: 5.83.1 Successful Proposer shall receive violation payments in response to the statutory notification, document the receipt of payment in electronic format and account for all funds received as provided herein and by Statute. Successful Proposer will continuously and openly account for all funds received in connection with the Program using generally accepted accounting principles. Successful Proposer shall make timely disbursements to the State as required by Florida Statute sections 316.1896(5) and 318.18 and concurrent disbursements to the City of the City’s portion of the revenues collected pursuant to the statute. Successful Proposer’s costs and expenses will be deducted from the City’s portion of revenues collected. Successful Proposer shall demonstrate the ability to handle all violation payments electronically paid on-line or mailed to Successful Proposer owned lockbox including the daily depositing and reconciliation of all receipts. Successful Proposal shall provide a breakdown of the fine amounts collected and distributed, and where the fines will be remitted for NOV’s and UTC’s in compliance with Florida Statute section 316.1986. Verra Mobility Response: 1249 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 79 ©2024 Verra Mobility™ | Proprietary and Confidential Verra Mobility will receive violation payments in response to the statutory notification, document the receipt of payment in electronic format and account for all funds received as provided herein and by Statute, as we currently do on the City’s red- light program. We will continuously and openly account for all funds received in connection with the Program using generally accepted accounting principles. Verra Mobility makes timely disbursements to the State as required by Florida Statute sections 316.1896(5) and 318.18 and concurrent disbursements to the City of the City’s portion of the revenues collected pursuant to the statute. Our costs and expenses will be deducted from the City’s portion of revenues collected. Verra Mobility has over a decade of experience handling all violation payments electronically paid on-line or mailed to our company including the daily depositing and reconciliation of all receipts. Our breakdowns include fine amounts collected and distributed and where the fines will be remitted for NOV’s and UTC’s in compliance with Florida Statute section 316.1986. ________________________________________________________________________________________________ 5.83.2 Due to the expected high volume of mail that is received, control and accuracy are essential factors in the operation. The services provided shall be integrated with numerous levels of control, audit, and redundancy to ensure the accurate and timely receipt, processing and update of mail-in payments. Verra Mobility Response: Verra Mobility is a long-term automated enforcement provider and processes large volumes for the City of Tampa on your red-light enforcement program. We have control and accuracy standards and practices that ensure your program will operate efficiently. The stated services provided will be integrated with numerous levels of control, audit and redundancy to ensure the accurate and timely receipt, processing and update of mail-in payments. _______________________________________________________________________________________________ 5.83.3 Describe procedures for processing payments to include, but not limited to: -Method for receipt of payments; -Ability to apply payments by source (cash, check, money order or credit card); -Ability to handle electronic reimbursement and automated check handling (ACH); -Verification of check amounts; -Batch reconciliation and file update; -Bonded courier service to financial institution; -Accept and process partial payments, allowing the citizen to pay the fine/hearing cost over a period of time not exceeding three months without administration by The City; and -Processing exception payments. Verra Mobility Response: As part of the program implementation process, the City (referred to as “Client” in this section) will select from the following three Service Tiers from Verra Mobility and our payment channel partners. > Tier 1: Client manages banking and payment processing: Client will use its own payment processing channels, independent of Verra Mobility. > Tier 2: Citation payments, made through each payment channel, will be deposited, daily, into an existing Client account or a new account opened by the Client at a bank of its choice. Verra Mobility will facilitate the establishment and maintain the lockbox with its channel partner (RLI) and facilitate the establishment of a merchant account with ACI Payments, maintain the public-facing website, and facilitate electronic payment processing (including IVR), and provide BOS reporting to the Client on citations paid. > Tier 3: The Client will establish a bank account at U.S. Bank in its name and delegate authority to Verra Mobility to initiate funds transfers via ACH to another Client account on a Client-determined frequency. Verra Mobility will facilitate the establishment and maintain the lockbox with its channel partner, facilitate the establishment of a merchant account with ACI Payments, maintain the public-facing website, facilitate electronic payment processing (including IVR), track citizen citations payments via the BOS, and reconcile the Client pooling account established at U.S. Bank. 1250 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 80 ©2024 Verra Mobility™ | Proprietary and Confidential 6 For Customer to select Tier 2 or Tier 3 payment processing channels, Customer will be required to provide completed banking and payment processing forms and related agreements, which include among others: • a participant agreement and submerchant agreement with the payment processor; • a bank verification letter prepared by the Customer’s settlement account’s bank; and • a Form W-9, Request for Taxpayer Identification Number and Certification. Copies of banking forms and related agreements will be provided upon request. Neither (i) certain vendors of Verra Mobility, which perform licensing, testing, or qualification of equipment nor (ii) payment processors and other regulated entities, such as U.S. Bank or cellular service providers, are to be considered subcontractors of Verra Mobility under any resulting agreement with Customer. The following description of the payment processing channels assumes that the Client will select Tier 2 or Tier 3 6. For the Tier 2 and Tier 3 payment processing channels, the Client will be required to provide completed banking forms, which may include among others a participation agreement and sub-merchant agreement with the payment processor as well as a bank verification letter prepared by the Client’s settlement account’s bank, and a Form W-9, Request for Taxpayer Identification Number and Certification. When a notice is issued with a fine amount, there are multiple payment channels from which the payer may choose. All payments are tracked by payment source (phone and web, and lockbox and walk-in) and payment method (check, money order, credit card and eCheck / ACH (automated clearinghouse). The BOS allows for applied payments, unapplied payments, overpayments, refunds, adjustments, dismissals, and reversals to be tracked. Verra Mobility partners with a provider for lockbox services. We also have a relationship with ACI Payments to provide payment processing services for online and phone payments. The following are the multiple options that Verra Mobility can makes accessible to citation recipients depending on the City’s preference. Lockbox Payments Each notice includes a payment coupon that the violator mails in with his or her payment by check. All lockbox payments are mailed to the lockbox vendor’s address. The lockbox vendor handles the lockbox payment channel and deposits checks and money orders directly to a Client-designated account (Tier 2) or to and additional account, opened by the Client for Verra Mobility to monitor and reconcile lockbox receipts (Tier 3). Phone Payments Violators have the option of paying their fines over the phone utilizing our interactive voice response (IVR) system. Each notice will have our toll-free customer service number listed on it, which violators can call to enter their payment information (credit card or e-Check) over the phone. Violators also have the option to listen to frequently asked questions (FAQs) and other program-related questions. They can speak to a live agent if they need information that is not available in the system’s pre-recorded messages. A convenience fee is applied to the payer. Walk-In Payments For those violators who wish to make a payment in person, violators can make payments at a Client facility (if the Client desires to offer this option). Each notice will include instructions to the payer to go to the designated location for walk-in payments. To increase collection capabilities and payment rates, Verra Mobility offers its clients the ability to provide a walk-in cash payment option to violators through MoneyGram™. 1251 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 81 ©2024 Verra Mobility™ | Proprietary and Confidential With MoneyGram ExpressPayment™, payments are processed and then credited electronically at retailers throughout the nation, such as all Walmart, CVS Pharmacy, and many other well-known retailers. MoneyGram can help violators avoid late fees and other consequences with a same-day walk-in payment option. Payment availability through MoneyGram locations allows Verra Mobility customers to better serve citizens by providing a convenient and affordable bill payment solution for the “unbanked” and “under-banked” population, who operate mostly with cash. A large network of retail locations can increase the likelihood of citation payment for those without a checking account or credit card by making the process simpler and placing it closer to where the violator resides. This payment option can help you optimize your program by collecting funds in a more timely and efficient manner. This convenient payment option is available at no additional cost to the Client. Any transaction fee charged to the violator is paid to the MoneyGram Express Payment vendor. Web Payments Verra Mobility has a relationship with ACI Payments to provide online and phone payment processing services. The online payment channel allows violators to pay independently online through our public-facing website. Most major credit cards are accepted. Verra Mobility’s processing system provides validation of the notice numbers, PINs and balances during the session transfers with ACI Payments. A convenience fee is applied to the payer. Funds Deposit If the Client selects Tier 1, Verra Mobility will assist the Client in establishing a dedicated demand deposit account owned by the Client where payments will be deposited regularly from the Verra Mobility-facilitated payment portals. If the Client chooses our Tier 2 or Tier 3 processing options, below is a description of the deposit process for each tier. For Tier 2 processing, funds received through all payment channels are deposited daily to the Client’s designated bank account. A record of these payments is entered into the BOS and the balances are updated. For Tier 3 processing, funds received through all payment channels are deposited into the Client-owned U.S. Bank account, which the Client delegates authority to Verra Mobility for the purpose of performing certain functions. A record of these payments is entered into the BOS and the balances are updated. Either weekly or monthly, Verra Mobility initiates an ACH payment from the Client-owned and opened U.S. Bank account to the Client’s designated bank account. Every month, Verra Mobility furnishes the Client with a reconciliation of received payments and returns recorded in the BOS module to the Client-owned and opened U.S. Bank account statement. RFP Requirements: 5.84 Statistical Reporting. In addition to SDS required reports and logs, in support of the City’s project evaluation activities, the Successful Proposer will provide monthly and semi-annual summary program metrics to the City of Tampa Police Department that will include, at a minimum, the following (Web-based reporting systems are required) (provide samples): -Number of events recorded, by intersection approach and in total; -Number of events not billable/rejected, including a breakout of controllable and not-controllable events lost, by location and in total, along with reason for non-billable/rejected events; -Number of events forwarded to City of Tampa Police Department; -Number of citations authorized and mailed, by month of issuance; and -Number of citations returned as undeliverable. Verra Mobility Response: Verra Mobility provides SDS required reports and logs, in support of the City’s project evaluation activities and will provide monthly and semi-annual summary program metrics to the City of Tampa Police Department that include, at a minimum, the following: • Number of events recorded, by intersection approach and in total; • Number of events not billable/rejected, including a breakout of controllable and not-controllable events lost, by location and in total, along with reason for non-billable/rejected events; • Number of events forwarded to City of Tampa Police Department; 1252 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 82 ©2024 Verra Mobility™ | Proprietary and Confidential • Number of citations authorized and mailed, by month of issuance; and • Number of citations returned as undeliverable. Our BOS includes a business intelligence (BI) reporting module. Power BI is a comprehensive web platform allowing clients to view program and statistical data for short and long-term analysis of events and trends. This data is available in a variety of formats and visualizations, depending on the metric presented. Reports are grouped by statistical, financial, and operational data types. The BOS contains an extensive selection of parameter-driven reports to assist personnel in monitoring and measuring the effectiveness and efficiency of the camera systems. As a web-enabled system, authorized personnel can view and print any of these reports within the BI reporting tool at their convenience. Example reports are provided in the following section. RFP Requirements: 5.85 SDS Analysis and Reporting (provide samples). SDS must be capable of providing statistical analysis of camera location and operations and Proposer should provide samples of reports. Verra Mobility Response: Verra Mobility’s solution allows for SDS Analysis and Reporting. Our SDS is capable of providing statistical analysis of camera location and operations. Our Analysis and Reporting is fully equipped to provide comprehensive statistical analysis of camera locations and operations. It generates detailed reports that include metrics such as operational uptime, frequency of use, and location- based performance. For instance, the following screenshot of our back-office system (BOS) reporting system showcases a heatmap of camera usage across various locations, as well as a breakdown of metrics over time. These samples demonstrate our capability to deliver the required analysis and reporting for RFP. Samples reports are provided below. 1253 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 83 ©2024 Verra Mobility™ | Proprietary and Confidential 1254 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 84 ©2024 Verra Mobility™ | Proprietary and Confidential RFP Requirements: 5.85.1 SDS shall be capable of providing reports which show, at a minimum: -Hours of use per camera by operational site; -Results achieved by each camera by site; -Violations recorded by site; and -Violations by speed, date, and hour. Verra Mobility Response: Verra Mobility’s SDS can provide reports which show, at a minimum the hours of use per camera by operational site; results achieved by each camera by site; violations recorded by site; and violations by speed, date, and hour. Please see our response to RFP requirement 5.85 for additional information. RFP Requirements: 5.85.2 SDS shall be capable of immediately generating operations reports 24/7 including: -Number of violations recorded; -Count of violations where notices not prepared; -Notices prepared and mailed by First Class mail; and -Status of notices issued (outstanding, canceled, reissued and so forth). Verra Mobility Response: Our SDS is capable of immediately generating operations reports 24/7 including: number of violations recorded; count of violations where notices not prepared; notices prepared and mailed by First Class mail; and status of notices issued (outstanding, canceled, reissued and so forth). The following list details additional reports that can be provided to the City of Tampa. > Program Summary - Provides high-level views of the customer program by site location, violation type and event status either by month or year. > Event and Citation Trending - Provides views of traffic, event and citation volume by location and program type either by day, week, month, or year. Users can view average speed at which events occur and citations are issued, comparing data from camera location to camera location. 1255 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 85 ©2024 Verra Mobility™ | Proprietary and Confidential > Camera Activity - Provides views of camera activity by location and enforcement type. Includes hours when traffic or triggered events were captured and when the camera systems were idle without traffic or triggered events. > Event Activity - Provides views of number of events and their current state by enforcement type. Filter by day, week, month, or enforcement site level. > Officer Activity - Provides views of the Officer (or designated personnel’s) decisions on captured events reviewed in summary, by Officer, and over time. > Document Mailings - Provides views of number and type of documents mailed year over year, quarterly, and the ability to narrow results to a specific time frame. > Program Revenue - Provides views of total program revenue. > Invoicing - Verra Mobility services invoiced. > Community Impact - Provides views of issued citations percentages by Resident, Non-Resident, City and ZIP Code. > Queue Matrix - Provides views of current event counts and their associated stage in the workflow queues. > Payment Statistics - For Clients that partner with Verra Mobility on payments, this report provides views of payments received on first or escalated notice; as well as, paid vs. unpaid trends. > Banking and Payments - For Clients that use Verra Mobility enabled payment channels, provides views of payment activity by channel, payment method, camera system location and payments by transaction date. > Collections - For Clients that use collections agencies through Verra Mobility to support Collection activities, provides views of collection actions and paid vs. unpaid results. > Hearings and Adjudication - For those Clients that use the Verra Mobility Adjudication module, provides a view of the appointment calendar by appointment type, document type and/or violation type. Also includes determinations from past appointments. > Verra Mobility Live – For Clients with this functionality, provides views of historical video requests and, where allowed by law, live stream sessions. Filter by request type and view daily, weekly, or monthly usage by user. RFP Requirements: 5.85.3 Camera system shall also supply the following reports: -Camera equipment hours of service and hours lost; -Number and description of camera or other equipment malfunctions; and -Time spent by each TPD user logged into the violation processing system and the number of violations processed by each user. Verra Mobility Response: Our camera system also supplies the following reports: camera equipment hours of service and hours lost; number and description of camera or other equipment malfunctions; and time spent by each TPD user logged into the violation processing system and the number of violations processed by each user. We currently provide all these reports on your current red-light program and will do so for the speed enforcement program, conforming with statutory requirements. RFP Requirements: 5.85.4 Camera system shall be capable of providing violation and traffic statistics as follows: -Real-time traffic volume and vehicle counts, and -Real-time violation graphs and chart by time of day and day of week. Verra Mobility Response: Verra Mobility’s system provides violation and traffic statistics including real-time traffic volume and vehicle counts, and real-time violation graphs and chart by time of day and day of week. We can also provide graphs, charts by time of day and day of the week, among additional resources and analytics as we currently do for the existing photo enforcement program. 1256 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 86 ©2024 Verra Mobility™ | Proprietary and Confidential RFP Requirements: 5.86 Hearing Support and Customer Service. Successful Proposer shall work with the Tampa Police Department in developing hearing schedules and sending all notices for hearing dates and rescheduled hearings as may be needed. The Successful Proposer shall handle all customer service calls and request for rescheduling hearings unless otherwise agreed to by the Tampa Police Department Verra Mobility Response: Verra Mobility provides support and customer service, which includes working with the Tampa Police Department in developing hearing schedules and sending all notices for hearing dates and rescheduled hearings as may be needed. We will handle all customer service calls and request for rescheduling hearings unless otherwise agreed to by the Tampa Police Department. Verra Mobility fully supports and will provide ongoing expert testimony, as reasonably necessary, at contested court hearings. We have highly qualified and experienced witnesses, including our local Account Manager, who can testify to system functionality, accuracy, event processing, and chain of custody. In addition, throughout the term of the agreement, Verra Mobility will provide technology event storage and chain of custody training to police personnel as often as reasonably necessary to allow such personnel to act as expert witnesses on behalf of The City with respect to the program. Such training may be personalized to the City, to assist them in addressing specific challenges as they occur. Orlando Torres can also work with the City to identify any recommended areas of improvement. RFP Requirement: 5.87 Payment Plan. Successful Proposer shall offer a payment plan option to be handled by the Successful Proposer and all proposals shall provide details of the payment plan. Verra Mobility Response: Verra Mobility offers a payment plan option to be handled by our company. Please see our response to RFP requirement 5.26.14. RFP Requirement: 5.91.1 Identify a payment or cost or revenue share schedule. Payment will be made only as segments of the project are delivered and accepted by The City. Verra Mobility Response: Our payment, cost and revenue share schedules are in Tab 10, Compensation. Payment will be made only as segments of the project are delivered and accepted by The City. RFP Requirement: 5.91.2 Explain and provide details of any conditions that might increase or reduce the cost of the proposed services. Verra Mobility Response: We provide detail on the cost of all services within Tab 10 Compensation. RFP Requirement: 5.91.3 The costs of these services. Costs shall include all items, including but not limited to, professional time, travel, data processing, forms, printing, or any other expenses included in the proposed cost. Verra Mobility Response: Please refer to Tab 10 Compensation for the costs of all services. Costs all items, including but not limited to, professional time, travel, data processing, forms, printing, or any other expenses. RFP Requirement: 5.91.4 Final negotiated prices submitted shall be valid for a period of at least 120 calendar days from the original due date of this RFP until such time a contract is signed, unless extended in writing. Verra Mobility Response: 1257 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 87 ©2024 Verra Mobility™ | Proprietary and Confidential Verra Mobility complies with the requirement that final negotiated prices submitted in our proposal valid for a period of at least 120 calendar days from the original due date of this RFP until such time a contract is signed, unless extended in writing. RFP Requirement: 5.91.5 Pricing shall be firm for the initial term of the contract. Additional information related to compensation for future contract periods is included in the General Conditions. Verra Mobility Response: Our included pricing is firm for the initial term of the contract. Please refer to Tab 10 Compensation for all pricing related details. RFP Requirement: 5.91.6 The City will only accept proposals that guarantee cost neutrality to The City (i.e., City’s portion of the revenue collected will at least match Successful Proposer’s cost and expenses for providing the system). Should the amount of the City’s portion of the revenue collected fall short of Successful Proposer’s cost and expenses, the Successful Proposer will absorb the difference in cost. The City will not pay any additional fees not covered by City’s portion of revenues received. Verra Mobility’s Response: Please refer to Tab 10 Compensation for all pricing related details. RFP Requirement: 5.91.7 The City will not pay any upfront costs for the installation of this SDS and related equipment. Verra Mobility Response: Please refer to Tab 10 Compensation for all pricing related details. RFP Requirement: 5.91.8 Proposer should assume a minimum of SDS will be installed as authorized by City Ordinance; however, The City has sole discretion to make changes to the number and/or location of all SDS locations. Verra Mobility Response: Please refer to Tab 10 Compensation for all pricing related details. RFP Requirement: 6. CITY’S ROLE AND RESPONSIBILITIES The City through the Tampa Police Department shall review violations provided through an electronic system provided by the Successful Proposer which allow officers, or TIEO’s if applicable, to make the determination as to whether a violation exist and if a Notice of Violation and, when applicable, a UTC will be issued as provided herein and in accordance with Florida Statute. The City shall provide a Clerk and a local hearing magistrate to conduct hearings on Notice of Violations. UTC’s will be handled through the Clerk of the Court and heard in traffic division in the Thirteenth Judicial Circuit County Court. The City Mobility Department will work with vendor as required for the placement of school speed zone enforcement cameras and TPD will work with the Successful Proposer on the review of the violations to determine whether a violation exists and will provide officer, or TIEO if applicable, hearing testimony. The City will provide a location for NOV hearings and a magistrate for conducting the hearings. Verra Mobility Response: We understand and will fully comply to the City’s stated roles and responsibilities. RFP Requirements: 7. PROPOSER SUBMITTALS The following must be submitted in the proposal: 7.1 Contract Termination for Default. Has the Proposer’s company had a contract terminated for default in the 1258 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 88 ©2024 Verra Mobility™ | Proprietary and Confidential last five years? Termination for default is defined as notice to stop performance which was delivered to the Proposer due to the Proposer's non-performance or poor performance and the issue of performance was either not litigated due to inaction on the part of the Proposer; or litigated and determined that the Proposer was in default. If the company has had a contract terminated for default in this period, submit full details including the other party's name, address, and the phone number. Present the company’s position on the matter. City Representative will evaluate the facts and may, at its sole discretion, reject the RFP on the grounds of its experience. Verra Mobility Response: None. __________________________________________________________________________________________________ 7.2 Contract Litigation/Legal Proceedings. The Proposer shall identify any pending lawsuits, past litigation. relevant to subject matter of this RFP, providing a statement of any litigation or pending lawsuits that have been filed against the Company in the last five years. If an action has been filed, state and describe the litigation or lawsuit filed, and identify the court or agency before which the action was instituted, the applicable case or file number, and the status or disposition for such reported action. If no litigation or lawsuit has been filed against the company, provide a statement to that effect. Verra Mobility Response: Please note that we have included this information within our response to RFP Section 8.6 Current/Past Legal System Proceedings. RFP Requirement: 8 QUALIFICATIONS 8.1 Proposer must provide references from five or more operational cities, counties, states, or provinces of similar size to the City to document successful deployment of vendor’s proposed school speed zone detection technology and system solution. The references must be operating an outsourced program using the same equipment and technology proposed herein. The list for each reference shall include: • Agency/Jurisdiction Name and Address; • Contracting Officer and Contact Information (Telephone Number and E-mail Address); • Technical Representative and Contact Information (Telephone Number and E-mail Address); and • Written description of the specific services provided. Verra Mobility Response: We have included more than 10 references within “Tab 6 – References” that can attest to our ability to provide the exact services required in this RFP. The client most similar in size (population and area) to The City of Tampa is the City of Orlando in Florida. This client has a population that is also 300,000+ and an area between 100 and 200 square miles like the City of Tampa. The City of Orlando Contact Information Raymond Rodriguez, Program & Operation Coordinator 407-246-2060 (general) 407-246-8487 (office) Raymond.Rodriguez@cityoforlando.net Our proposed technology is currently operational in the City of Orlando, including the exact camera model and back-office platform. We provide automated enforcement technology for this client. Please note that the following five references also are for speed enforcement services, are operational programs and share the same technology as proposed on this bid: • City of Atlanta, GA • District (Washington D.C.) Department of Transportation • City of Alexandria, VA • City of Baltimore, MD • Union City, GA 1259 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 89 ©2024 Verra Mobility™ | Proprietary and Confidential RFP Requirement: 8.2 The City requires the Proposer to be a National Law Enforcement Telecommunications System (NLETS) Strategic Partner. This is very beneficial for obtaining out of state registration information. Proposer shall include in its proposal a statement indicating it is a NLETS Strategic Partner, and if so, provide date of certification and copy of certificate(s). Verra Mobility’s Response: Verra Mobility is an Nlets Strategic Partner. Verra Mobility has trusted Nlets as a superior partner because of its security, capacity, and reliability. Our Nlets Strategic Partner certification was granted in May 2006; we were the first certified Nlets Strategic Partner in the road safety camera industry (https://www.nlets.org/partnerships/strategic-partner-list). Nlets re- certifies every three years by performing an audit to ensure VERRA MOBILITY is in compliance with the Federal Bureau of Investigation (FBI) Criminal Justice Information Services (CJIS) Security Policy. _________________________________________________________________________________________________ RFP Requirement: 8.3 Proposer shall state its experience in working with other Florida Jurisdictions under the current State of Florida statutes (Chapter 2023-174, Laws of Florida). Verra Mobility Response: Verra Mobility has extensive experience working in Florida, operating under Florida Statute (Chapter 2023-174, Laws of Florida). We bring unmatched knowledge of Florida as well because we currently support automated enforcement safety programs for 31 municipalities in the state, including multiple programs within a short distance of the City of Tampa. Our local team consists of account management, licensed engineers, a construction manager, and technicians. Verra Mobility has key relationships with Hillsborough County, Florida Power and Light (FPL), and Florida Department of Transportation to ensure permits are issued on time and schedules are met. Please see Tab 7. General Statement of Experience for a complete description of our experience. RFP Requirement: 8.4 Project Staff Qualifications. Proposer shall include the name, title, address, and telephone numbers of employees and/or subcontractors who will both manage and be assigned to perform services under the proposal. In addition, a signed resume not exceeding two pages, including references, detailing educational qualifications and previous work assignments related to this RFP for each project management team member who will be assigned to perform work under this contract. Verra Mobility Response: Verra Mobility offers local personnel with the ability to respond to you easily, including the Director of Account Management, Orlando Torres, lives in Fort Lauderdale and can coordinate a response to your office within just a couple of hours. We also propose Senior Account Manager Placido Diaz. For this program we include two additional operational key staff positions in Tom Horak, Customer Service Representative and Kathleen Dobbels, our nearby located Vice President of Field Operations. Resumes for each of our key personnel are provided below and include signatures, references, and additional information. 1260 E D U C A T I O N ORLANDO TORRES DIRECTOR OF ACCOUNT MANAGEMENT C O N T A C T A F F I L I A T I O N S & C E R T I F I C A T I O N S Florida Department of Transportation (FDOT) Budget Administrator Certification UNIVERSITY OF PHOENIX B.S., Business Management, MIAMI-DADE COMMUNITY COLLEGE A.A., Business Administration R E L E V A N T P R O F E S S I O N A L E X P E R I E N C E P R O F I L E Orlando is the client’s primary point-of-contact from contract execution until the first camera system goes live and starts issuing notices. Once the program is operational, he remains as client relationship manager and liaison for program needs throughout the contract period. Orlando applies his six years as Deputy Director of Toll Operations for Florida to successfully manage current relationships with road safety camera programs, such as Miami Gardens, City of Orlando, City of Aventura, and others. He has served as the Account Manager in South Florida for the past 12 years. He also manages the school bus stop-arm, and school zone speed safety camera programs for Atlanta Public Schools and Cobb County School District in Georgia. Orlando analyzes problems and implements the best course of action to bring them to mutually satisfactory resolution. His regular communication with project stakeholders and constant activity and interactions in the community as a Broward County resident helps to ensure the development and continuance of successful photo enforcement programs. Functions as a coordinator between Verra Mobility staff and client staff Works with the client’s Project Manager to plan all project activities and tasks Meets with the client’s Project Manager as frequently as deemed necessary Provides program status reports and resolves outstanding issues Acts as the Verra Mobility point of contact for all matters relating to the client project Facilitates meetings between the client and Verra Mobility, when scheduled or requested Ensures the client receives necessary information through regular and called meetings, written documentation, as well as formal and informal communications Responds promptly when contacted by the client 2015 - PRESENT American Traffic Solutions, Inc. dba Verra Mobility Director of Account Management 2012 - 2015Executive Account Director Planned, organized, and directed the activities of the Agency’s SunPass Program Managed customer service operations and all SunPass accounts, including Boca Raton and Orlando call center facilities administration and maintenance of facility Monitored SunPass accounting policies and responsibilities for cost center budget / finance management Conducted presentations within and outside of FTE as necessary for communication Developed and managed new business opportunities for SunPass and FTE Reviewed, interpreted, implemented, and enforced agency policies, rules, and procedures and assisted in accomplishing the agency’s mission by providing safe and efficient transportation 2006 - 2012 Florida’s Turnpike Enterprise, SunPass Deputy Director of Toll OperationsFlorida Department of Transportation (FDOT) Leadership / Director Certification (786) 837-4981 orlando.torres@verramobility.com Ft. Lauderdale, FL www.verramobility.com 1261 Signature DIRECTOR OF ACCOUNT MANAGEMENT ORLANDO TORRES R E F E R E N C E S (407) 246-2487 Raymond Rodriguez, PM Phone: City of Orlando, FL Email:raymond.rodriguez@cityoforlando.net (954) 797-1030 Richard LeMack Phone: Town of Davie richard_lemack@davie-fl.gov (404) 802-5513 John Franklin, Executive Director Phone: Atlanta Public Schools jafranklin@atlanta.k12.ga.us (305) 466-2893 Mike Bentolia, Chief Phone: Adventura richard_lemack@davie-fl.gov 1262 E D U C A T I O N PLACIDO DIAZ SENIOR ACCOUNT MANAGER (408) 596-4835 placido.diaz@verramobility.com Miami-Ft. Lauderdale, FL www.verramobility.com A F F I L I A T I O N S & C E R T I F I C A T I O N S State of Florida Certified Law Enforcement Officer ST. THOMAS UNIVERSITY M.A., Business Executive Management & Professional Studies BARRY UNIVERSITY B.A., Professional Studies R E L E V A N T P R O F E S S I O N A L E X P E R I E N C E P R O F I L E Placido possesses over 20 years of extensive professional experience in the law enforcement field with expertise in managing investigations, security, public service, law enforcement training, and Police activities. He is also knowledgeable in internal affairs investigations, governmental presentations, public safety programs, emergency response, policy and procedure development, budget planning, management, and media public relations. He is an excellent communicator with notable success in the management of operations focused on lowered crime, heightened security, strengthened productivity, and overall quality of life across the community. Placido’s experience in the public safety field is an asset to his clients and he believes in teamwork and collaborating with all stakeholders in any organization in order to succeed. He manages multiple Florida-based accounts throughout the state. Provides support to all clients from the law enforcement perspective Provides financial and technical support to all clients Performs regular audits of the client accounts to ensure performance and accountability Ensures compliance with state statue and local ordinances Audits the financials on a regular basis to ensure all financial obligations are met Evaluates pricing models for products from a law enforcement and government perspective Provides client support in both technical aspects and day to day operational needs Meets with clients and stakeholders regularly to proactively address any needs or concerns Conducts public presentations to stakeholders including elected officials, law enforcement, and staff 2013 - PRESENT Verra Mobility Senior Account Manager Managed the public safety and police operations of The City with 71 sworn and 13 civilian personnel Planned, organized, directed, and oversaw all activities of the Police Department with an operating budget of $14M Prepared long-term strategic plans, objectives, organizational structure, and overall direction for the Police Department Performed a variety of complex administrative and professional work in planning, coordinating, and managing the maintenance and adherence to the department’s accreditation through CFA 2015 - 2023 City of Sweetwater Police Department Chief of Police Fraternal Order of Police (FOP) Florida Police Chiefs Association (FPCA) Miami-Dade County Association of Chiefs of Police (MDCAP) International Association of Chiefs of Police (IACP) The National Association of Chiefs of Police (NACOP) Dade County Police Benevolent Association (DCPBA) C O N T A C T 1263 SENIOR ACCOUNT MANAGER PLACIDO DIAZ Administered State and Local law enforcement programs including the Mark Wandall Traffic Safety Program Executed daily operations of several departmental programs including the validation and operational process for multiple quasi-judicial boards Implemented programs for units of local and state agencies concerned with law enforcement in accordance with statutory mandates and local guidelines Assisted in the day-to-day operations of the Assistant Chief in both the Administrations and the Filed Operations Division 2013 - 2015 City of Miami Police Department Special Projects Coordinator for the Assistant Chief of Police Sworn Law Enforcement Professional 2003 - 2015 The FBI Law Enforcement Executive Development Association Signature R E F E R E N C E S (305) 500-9079 Chris Lafontaine Phone: Hilton Garden Inn (407) 246-2487 Saul Diaz Phone: City of Sweetwater, FL (305) 221-0411 Ralph Ventura Phone: City of Sweetwater, FL R E L E V A N T E X P E R I E N C E C O N T I N U E D 1264 E D U C A T I O N TOM HORAK CLIENT SUPPORT SPECIALIST R E L E V A N T P R O F E S S I O N A L E X P E R I E N C E Tom has nearly twenty years of experience supporting the implementation and operation of successful photo enforcement programs. He currently provides ongoing client customer service in Florida, Georgia, and Illinois. Following program go live, Tom becomes the client’s primary point-of-contact and communication link to all internal Verra Mobility departments. As such, he works with numerous stakeholders – including the court(s), law enforcement, and the client’s IT department – to solve all issues related to processing events. R E F E R E N C E S (954) 797-1030 jdeal@mspd.us Jimmy E. Deal, Chief of Police Phone: Email: Miami Springs Police Department (863) 834-2580 LakelandPD@LakelandPD Chad R. Mumbauer, Special Ops Phone: Facebook: Lakeland Police Department (408) 596-4835 tom.horak@verramobility.com State of Florida www.verramobility.com C O N T A C T UNIVERSITY OF WISCONSIN B.A., Marketing P R O F I L E Researches and resolves client issues within 48 hours. If an issue requires additional time for resolution, provides frequent updates until issue is resolved Investigates solutions and communicates appropriate options for resolution Works directly with Operations to ensure event processors and customer service representatives have the most up-to-date information Analyzes issuance rates and police approval rates and works with internal groups and law enforcement to improve rates Processes requests for video clips Reviews business rules, contracts, and other account-specific items important to servicing the account Monitors police review queues daily. If police review queues require attention, initiates immediate appropriate outreach either by email or phone call. If there is no improvement within 48 hours, escalates the issue 2012 - PRESENT Verra Mobility Client Support Specialist 2010 - 2012 2008 - 2010 2007 - 2008 Safety Customer Service Supervisor Customer Service Team Lead Event Processor Signature 1265 E D U C A T I O N KATHLEEN DOBBELS VICE PRESIDENT, FIELD OPERATIONS R E L E V A N T P R O F E S S I O N A L E X P E R I E N C E P R O F I L E Kathleen Dobbels is a dedicated Field Operations leader for North America and Europe, who brings 25 years of experience in business processes, customer satisfaction, and management. Throughout her career, she has focused on taking global operations to the next level by focusing on service excellence and creating scalable and innovative processes driving better outcomes for clients. With Kathleen’s passion for continuous improvement and strong background in Lean Six Sigma, she sets a high bar for excellence and empowers teams to attain powerful results. In Kathleen’s previous roles, she boosted customer and employee satisfaction by pioneering cultural transformations of Field, Processing, and Technical Support for more than 70,000 customers globally. She resides in nearby Vero Beach, Florida, and currently oversees the Verra Mobility National Field Services organization, comprised of the Field Services team and Verra Command Center. Kathleen is responsible for service delivery, productivity, and employee engagement as well as other responsibilities associated with day-to-day operations and continuous improvement within Field Services. She leads all support and field teams efforts. C O N T A C T A F F I L I A T I O N S & C E R T I F I C A T I O N S Lean Six Sigma MBB, Scrum Master HOGESCHOOL GENT M.B.A., Business Communications HOGESCHOOL GENT M.A., Translation Studies, English-Dutch-German Builds and empowers high-performing teams, re-engineers processes, and deploys automation to enhance customer satisfaction Leads continuous improvement efforts through the application of Lean Six Sigma methodologies Manages the National Field Services organization, which includes the Field Services team and Verra Mobility Command Center Analyzes and works to improve all aspects of Field Services operations, including service delivery, productivity, and employee engagement 2023 - PRESENT Verra Mobility VP, Field Services, North America & Europe Oversaw $45 million budget with 1,500 employees delivering technical support of NCR and third-party software, hardware, and services in the Hospitality division Pioneered comprehensive cultural transformation within Hospitality Customer Operations, creating a customer-centric organization, re-engineering processes, and deploying automation Replaced outdated technology with cloud-based platforms (Genesys, Salesforce) in less than 12 months; leveraged ML/AI to simplify the product, thereby resolving customer issues Grew the Service Desk delivery, outsourcing IT support by 4x in 12 months 2020 - 2022 NCR Vice President, Customer Operations ISO9001 Lead Assessor MBNQA Examiner PEX Awards Judge 2019 - 2020 NCR Vice President, Strategic Growth Platforms Deployed Product Lifecycle Management and coached Strategic Growth Platform teams in transformation from hardware and on-premises software to SaaS for Banking, Retail, and Hospitality Worked with the C-suite for the governance, reporting, and success of seven Strategic Growth Platforms (480) 443-7000 kathleen.dobbels@verramobility.com Phoenix, AZ www.verramobility.com 1266 2017- 2019 Nielson Sr. Vice President Global Operations Consumer Insights & BASES Signature R E L E V A N T E X P E R I E N C E C O N T I N U E D R E F E R E N C E S Joe Wilke, Special Advisor BASES (513) 533-3604Phone: Nielsen IQ (904) 608-5893 Mitchell Habib, Founder & CEO Phone: FCM, LLC KATHLEEN DOBBLES VP, FIELD SERVICES N. AMERICA & EUROPE Oversaw Buy Customized Research Operations with $250 million expense budget managing 2,000 employees and 500 contractor agencies across 90 countries 2016- 2017 Oversaw Buy Customized Research Operations with $250 million expense budget managing 2,000 employees and 500 contractor agencies across 90 countries Sr. Vice President Global Integration & Excellence Led global Lean Six Sigma program with 100 top-rated Lean Six Black Belts Sr. Vice President, Business Process Improvement & Quality Led global operations for BASES-CR, managing 600 associates and 650 contractors Vice President, Global Operations BASES & Customized Research 2019 Identified issues and improved performance at delivery centers with 1,700 associiates Vice President, Business Processing Outsourcing 2007-2009 joe.wilke@nielsen.comEmail:mitchell@thinkfcm.comEmail: 1267 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 90 ©2024 Verra Mobility™ | Proprietary and Confidential 8.5 Financial Overview Financial Overview. Proposer shall provide a general description of the firm’s financial condition and identify any conditions (i.e. bankruptcy, pending and/or existing litigation, planned office closures, impending merger/acquisition) that may impede the Proposer’s ability to complete the project. Verra Mobility Response: Verra Mobility is in excellent financial standing and has no conditions that would impede our ability to complete this project. We are a long-term mobility technology service provider with approximately 20 years of experience in the industry. We offer the size, scope, and stability of a company whose ultimate parent company was recently recognized and added to the S&P SmallCap 600 index with programs in the US, Canada, Europe, Asia, and Australia. For Tampa, this means having a partner who will be able to serve your enforcement needs now and into the future with no interruptions. We are also a public company, which means greater transparency to our corporate governance and financial accounting practices. 8.6 Current/Past Legal System Proceedings Proposer shall identify (including venue and case number) and describe all litigation, pending or closed, in which Proposer is or has been a named party and all notices of intent to sue filed by the Proposer in the last five years involving a local government and a red-light camera system. Proposer shall also identify and describe all litigation, pending or closed, in the last five years in which Proposer is alleged to have engaged in fraud. Verra Mobility Response: 1268 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 91 ©2024 Verra Mobility™ | Proprietary and Confidential RFP Requirement: 9. MANAGEMENT If, during the course of the project, the Successful Proposer makes personnel changes, the City has the right of review, acceptance, and/or reject proposed substitute(s). The City will make available the City’s management team for interview and consultation during plan(s) development and for review of the draft and final plans. Verra Mobility Response: Yes. If there is a change in personnel during this project, Verra Mobility will ensure that The City is made aware and arrange for the review of suitable substitutes and will work with The City for the development of the drafts and final plans. RFP Requirements: 10. IMPLEMENTATION 10.1 The Successful Proposer shall work with the City to initially install a SDS at all identified locations as authorized by Ordinance. The following implementation schedule is provided: • EVENT DATE COMPLETED (whatever is later) Permits, installation and testing of all SDS and operations 07/15/24 or 90 days after contract • Signage Prior to implementation as requested by The City • Public announcement and awareness campaign 30 days prior to implementation • Implementation 08/12/24 or 15 days after testing completed • Training 08/01/24 or 1 week prior to implementation Verra Mobility Response: We have created an implementation plan that will comply with the implementation schedule listed in the requirement above. 1269 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 92 ©2024 Verra Mobility™ | Proprietary and Confidential ______________________________________________________________________________________________ RFP Requirement: 10.2 For each of the implementation requirements above, Proposer shall provide a description of the extent of The City staff’s involvement in the project and provide a requirements list for The City as part of its proposal. Verra Mobility Response: For permits - The City, County and FDOT is required to approve all permits Installation – The City will be notified of our installment milestones. We will communicate with the City to ensure all BRQ and CRQ documentation is in line with agreed-upon project requirements. Testing – The City will be notified of our testing milestones. This step is completed internally. Operations – The City will be notified of the status of operations and will be able to pose questions. Signage – Client will provide signage requirements and Verra Mobility will procure and install all signs in accordance with the Manual on Uniform Traffic Control Devices (MUTCD). Public announcement and awareness campaign – The City will meet with Verra Mobility and review all concepts and plans and provide any additional inputs. Implementation – The City will approve site images in order to go operational. 1270 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 93 ©2024 Verra Mobility™ | Proprietary and Confidential Training – The City would need to provide details for this step including dates, participants, locations (virtual or on-site) and other pertinent inputs. ______________________________________________________________________________________________ RFP Requirement: 10.3 Successful Proposer shall support The City by training staff on how to present the Program at public seminars or presentations. When requested by the City, the Successful Proposer will provide staff for public forums / seminars. Verra Mobility Response: Verra Mobility is committed to excellence is by designing and delivering training content that is specific and relevant to the program that The City will operate. We will provide all necessary training staff to support public forums and seminars. This may include facilitator-led training sessions that occur face-to-face or through distance learning. Each Verra Mobility training course will be accompanied with training materials on the topic or function being trained. RFP Requirement: 11. COORDINATION WITH THE CITY 11.1 The Successful Proposer shall identify their Project Manager who shall work in close coordination with the City. The City’s Project Manager shall be the City’s point of contact. The City shall approve any changes to the Successful Proposer’s Project Manager or personnel assigned to the project. Verra Mobility Response: Verra Mobility’s Project Manager for The City of Tampa is Placido Diaz, who is experienced in The State of Florida. Below is a summary of Placido’s work experience. Placido Diaz possesses over 20 years of extensive professional experience in the law enforcement field with expertise in managing investigations, security, public service, law enforcement training, and Police activities. He is also knowledgeable in internal affairs investigations, governmental presentations, public safety programs, emergency response, policy and procedure development, budget planning, management, and media public relations. He is an excellent communicator with notable success in the management of operations focused on lowered crime, heightened security, strengthened productivity, and overall quality of life across the community. Placido’s experience in the public safety field is an asset to his clients and he believes in teamwork and collaborating with all stakeholders in any organization in order to succeed. He manages multiple Florida-based accounts throughout the state. RFP Requirement: 11.2 During the term of the contract, the Successful Proposer’s Project Manager shall meet on-site with the City’s Project Manager and/or other designated City officials as necessary, for the purpose of discussing and coordinating work to be performed, or performance of work. Verra Mobility Response: Yes. Verra Mobility’s project manager will be available to the City Manager and/or other designated City officials as necessary. __________________________________________________________________________________________________ RFP Requirement: 11.3 Successful Proposer shall present the skills and qualifications of the Successful Proposer’s Project Manager candidate and the team surrounding that candidate. The City shall have the right to interview the Successful Proposer’s Project Manager candidate prior to awarding the contract and will have the right to require that the Successful Proposer’s Project Manager and team members be replaced throughout the term of the contract. Verra Mobility Response: Yes, we understand and will comply with the City’s right to interview our Project Manager prior to awarding the contract and confirm that we will allow team members to be replaced throughout the term of the contract. RFP Requirement: 1271 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 94 ©2024 Verra Mobility™ | Proprietary and Confidential 11.4 Proposer shall provide a project timeline/schedule indicating when the proposed program will be fully operational for the City, no later than August 12, 2024, barring circumstances beyond the control of the Successful Proposer or written agreement with the Director of Mobility Department for additional time for implementation. Verra Mobility Response: RFP Requirement: 12.6 Warranties and Guarantee. The City of Tampa will not accept any disclaimer of the warranties of merchantability and fitness for a particular purpose for the products offered. Proposals will clearly state any additional warranties and guarantees against defective materials and workmanship. A copy of the complete manufacturer's warranty statement is to be submitted with the proposal. The material(s) supplied shall be guaranteed to be free from defect of composition, conception, and workmanship for a minimum period one-year from the date of installation and final acceptance by the City. Any parts or portions found not in accordance with this RFP will be rejected by the City and returned to the Successful Proposer at the Successful Proposer’s expense for immediate replacement. Verra Mobility Response: 1272 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 95 ©2024 Verra Mobility™ | Proprietary and Confidential As Verra Mobility will retain ownership of the camera systems, the camera manufacturer’s warranty runs to Verra Mobility. If Verra Mobility is fortunate enough to be awarded a contract by the City of Tampa for its automated speed detection program, during the term of the contact, Verra Mobility will maintain the camera systems and ensure camera systems remain operational in accordance with the terms of the City’s request for proposal and contract for the program. For reference, below is the warranty provided by the camera manufacturer: The manufacturer warrants that all Products to be provided under this Agreement shall, for a warranty term equal to three (3) years from the date of installation at a Customer location, but in no event shall such three-year period commence more than 6-months of date from invoice, be substantially free of defects in materials and workmanship and that the Products shall comply with all applicable Specifications. 1273 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 96 ©2024 Verra Mobility™ | Proprietary and Confidential Tab 6. References Tab 6. References. Include a reference list of at least five clients to whom the Proposer has provided services like those being proposed to the City. We provide a reference list below that includes five speed enforcement clients that utilize the same technology proposed for the City of Tampa. We have also included numerous other red light customers in Florida to showcase our automated enforcement experience in the state. REFERENCE CONTACT SCOPE City of Atlanta, GA Keith Sumas, Emergency Management Coordinator Phone: 404.802.2022 (office) 678.907.7032 (cell) Keith.Sumas@atlanta.k12.ga.us School zone speed safety camera program. Complete end-to-end solutions that include speed studies, site surveys and permitting, construction, equipment installation, maintenance, field services, program training, reporting, management, event processing, citation printing and mailing, public-facing website, public awareness support, call center, and payment and court support. Baltimore City, MD – Speed Enforcement (School Zone – I-83) Name: Phillip Mellerson Title: ATVES Director Phone: 410.984.9870/443.934.1977 Email: phillip.mellerson@baltimorecity.gov Verra Mobility provides a full turnkey solution to Baltimore City with 126 transportable speed cameras and 15 fixed speed cameras for a total of 141 speed cameras. Our cameras capture events at the edge and send them to the BOS via a secure encrypted network. We complete the initial review, DMV lookup, and a second review prior to sending the event to Baltimore City for review. Events approved by the PD are then sent back to Verra Mobility to perform print and mail services. We also provide Baltimore City court packages for violations that are appealed and go to court. Washington D.C. Name: Charles Turner Title: Program Manager, District Department of Transportation Phone: 202.541.5494 Email: Charles.Turner@dc.gov Verra Mobility has partnered with Washington, D.C. for its automated traffic enforcement program since the contract was executed in 2006. Verra Mobility’s scope of work includes the provision of a speed and red-light safety program, including but not limited to: supporting hardware and software for Verra Mobility’s speed and red-light cameras; camera site selection support, design, permitting, installation and maintenance of Verra Mobility’s speed and red-light safety cameras; deployment of Verra Mobility’s portable speed cameras; battery maintenance for camera systems that the District purchased; training; event processing for Verra Mobility and cameras through 1274 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 97 ©2024 Verra Mobility™ | Proprietary and Confidential REFERENCE CONTACT SCOPE “image crop;” system interface with D.C.’s ticket processing vendor who provides the rest of the event processing after “image crop;” program reporting; and public awareness support. Alexandria, VA Robert McMullen Email: Robert.McMullen@alexandriava.gov We have partnered with the Alexandria Police Department since 2011 to provide the City a Photo Safety Program to help reduce red-light violations and crashes. Our red-light photo enforcement cameras capture still images and video of red-light violators. Currently, Verra Mobility provides Alexandria with six red-light photo enforcement systems at high-risk intersections throughout the City. We also provide back-office processing of the captured incident to the local police for review and authorization of the violation. In addition, we provide subsequent printing and mailing of the police-approved citation maintaining the chain of custody throughout the process by not outsourcing these services. Union City, GA Lt. John Mohney Phone: 404.408.3591 Email: kmohney@unioncityga.org Fixed speed safety camera photo enforcement program. Complete end- to-end safety camera solution including the following services: speed studies, site surveys and permitting, construction, equipment installation, maintenance and field services, program training, reporting, management, event processing, citation printing and mailing, public-facing website, public awareness support, call center, payment and court support. City of Boynton Beach, FL Christopher Munro, Sergeant, Traffic Unit Phone: 561.742.6111 Email: munroc@bbfl.us Verra Mobility provides their Red-Light Camera Photo Enforcement Program. Complete end-to-end safety camera solution that includes the following services: Speed Studies, Site Surveys and Permitting, Construction, Equipment Installation, Maintenance and Field Services, Program Training, Reporting, Management, Event Processing, Citation Printing & Mailing, Public Facing Website, Public Awareness Support, Call Center, Payment & Court Support. City of Orlando, FL Raymond Rodriguez, Program & Operation Coordinator Phone: 407.246.2060 (general) 407.246.8487 (office) Email: Raymond.Rodriguez@cityoforlando.net Turnkey automated enforcement program in Florida. 1275 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 98 ©2024 Verra Mobility™ | Proprietary and Confidential REFERENCE CONTACT SCOPE City of Kissimmee, FL Curtis McGehee Assistant City Attorney Phone: 407.518.2321 Email: Curtis.McGehee@kissimmee.gov Turnkey automated enforcement program in Florida. City of Lakeland, FL Chad Mumbauer Police Sergeant Phone: 863.834.2580 Email: Chad.mumbauer@lakelandgov.net Verra Mobility provides their Red-Light Camera Photo Enforcement Program. Complete end-to-end safety camera solution that includes the following services: Speed Studies, Site Surveys and Permitting, Construction, Equipment Installation, Maintenance and Field Services, Program Training, Reporting, Management, Event Processing, Citation Printing & Mailing, Public Facing Website, Public Awareness Support, Call Center, Payment & Court Support. City of Miami Springs, FL Jimmy Deal Chief of Police Phone: 305.887.1444 Email: jdeal@mspd.us Red-light photo enforcement program. Complete end-to-end safety camera solution that includes speed studies, site surveys and permitting, construction, equipment installation, maintenance and field services, program training, reporting, management, event processing, citation printing and mailing, public-facing website, public awareness support, call center, payment and court support. City of Opa-Locka, FL Marcos Gonzalez Police Sergeant Phone: 305.681.1033, ext. 2701 Email: mgonzalez@opalockapd.com Turnkey automated enforcement program in Florida. Town of Orange Park, FL Gary A. Goble Chief of Police Phone: 904.278.3006 Email: GGoble@townop.com Turnkey automated enforcement program in Florida. 1276 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 99 ©2024 Verra Mobility™ | Proprietary and Confidential Tab 7. General Statement of Experience. Tab 7. General Statement of Experience. Include a written, verifiable statement of experience in providing and managing similar services. If the Proposer does not possess any experience like the services required, Proposer shall provide any pertinent information or experience Proposer feels may qualify Proposer for consideration of award. Verra Mobility is the number one automated enforcement safety camera provider in the industry with approximately 9,000 red-light, speed, stop-arm, and bus lane safety cameras installed in nearly 270 communities and school districts across North America. This number is four to five times larger than our closest competitor. In the U.S. alone, we, together with our affiliates, process more than four million automated enforcement events per month from U.S.-installed camera systems, and we send approximately 1.4 million potential violations per month to our customers for their review and decision. We bring unmatched knowledge of Florida as well because we currently support automated enforcement safety programs for 31 municipalities in the state, including multiple programs within a short distance of the City of Tampa. Our local team consists of account management, licensed engineers, a construction manager and technicians. Our company works as your partner, offering institutional knowledge and stability. We are a long-term service provider with 20 years in the industry, and we were recently recognized and added to the S&P SmallCap 600 index. For the City of Tampa, this means having an ally who will be able to serve your enforcement needs now and into the future with no interruptions and limited risk. We are also a public company, which means greater transparency into our corporate governance and financial accounting practices. This global footprint and financial strength give us the capacity to deliver more efficiently than newly established competitors that may lack the resources needed to ramp up implementation or provide the latest modern equipment. Our strong history with clients has led to an over 95 percent renewal rate. Examples of safety camera and red-light clients outside of the Florida clients mentioned above include but are not limited to Norfolk, Virginia Beach, and Falls Church, Virginia; New York City, New York; Baltimore, Baltimore County, and Howard County, Maryland; Washington, D.C.; Clayton County, Georgia; Montgomery, Alabama; Memphis, Tennessee; Baton Rouge and New Orleans, Louisiana; Chandler, Mesa, and Scottsdale, Arizona; Colorado Springs, Colorado; San Francisco, California; and Seattle and Spokane, Washington. The following map includes a listing of our automated enforcement clients for all of our products (only limited by legislation) in North America. 1277 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 100 ©2024 Verra Mobility™ | Proprietary and Confidential 1278 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 101 ©2024 Verra Mobility™ | Proprietary and Confidential Tab 8. General Operating Procedures & Guidelines (Management Plan, Operations Plan, Quality Control Plan. Tab 8. GENERAL OPERATING PROCEDURES & GUIDELINES (MANAGEMENT PLAN, OPERATIONS PLAN, QUALITY CONTROL PLAN, ETC…. Include a narrative description and/or organizational chart outlining the methods of operation, operational structure, and services to be provided by the Proposer. This description should fully and completely demonstrate the Proposer's intended methods for servicing the requirements. Proposers are also encouraged to provide any other pertinent information that will assist the City in evaluating the proposed method of operation. Verra Mobility provides cutting-edge camera technology and a reliable back-end processing platform to hundreds of clients that process millions of events every year. Our proposed offering to the City is the latest in the industry, making processes such as citations, billing, appeals, and remittance simple and easy. Our platform has been successful throughout the U.S. Our proposed solution includes new technology that provides enhanced back-office capabilities beyond solely the violation for a true end-to-end solution. Most critically, we provide the experience of our staff, a local presence, and an account management team that is set up to build, maintain, and support the program through all phases. For your program, multiple key staff have been assigned, including Director of Account Management Orlando Torres – who brings 18 years of automated enforcement experience – and Senior Account Manager Placido Diaz, a seasoned law enforcement professional and former head chief of police for The City of Sweetwater, Florida. This experience provides us with a unique understanding of your traffic needs and the value of the program for investigative purposes, allowing our team to proactively address issues. This also allows us to maximize law enforcement capabilities by delivering force multiplier solutions. In addition, we use local partners that add additional support to our programs throughout Florida. Both Orlando and Placido have vast experience in Florida, are bilingual, and are local experts who will engage with the City to provide immediate, in-person support. They also both bring expertise in multiple types of safety product solutions. Our team offers a local presence and an understanding of your environment gained through over 40 years of 1279 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 102 ©2024 Verra Mobility™ | Proprietary and Confidential experience in Florida. This experience ensures the highest level of understanding, communication, and accountability for the program. The pairing of our technology, processes, and personnel allows us to offer a true end-to-end solution to the City of Tampa, complete with features such as robust reporting and information systems, all with organized, auditable, and easily accessed functionality – providing the simplest proven solution to address and change dangerous driver behavior in the City. Here at Verra Mobility, customer satisfaction is our primary focus. We understand that implementation of programs such as this can be demanding and somewhat interruptive for your staff while we work through the implementation. If we are fortunate to have you as a valued partner, we will carefully take the steps needed in partnership to align quickly and plan together to define what success looks like for your team and program. As a leading nationwide provider of safety programs, you can be assured that we have a well thought out process and a team that will be dedicated to supporting your implementation. We will partner with you and provide a traditional project management structure to ensure we are always aligned and working to achieve or exceed expectations. The following outlines our proposed project approach and the major milestones that Verra Mobility will achieve to get your program up and running with our speed safety camera solution. We will work closely with the City and other agencies, as needed, to: • Review and finalize the project plan, • Establish the business rules for the speed safety camera programs, • Review and finalize the camera sites, • Establish the rules for the red-light and speed safety camera programs; • Develop design plans for these sites to meet local requirements; • Obtain approval on the site plans and acquire permits, • Construction and a configuration of these sites; • Develop and approve the notices and outgoing correspondence for the program, • Develop and execute the City’s public awareness campaign for the red-light and speed safety camera program, and • Schedule and conduct the training for City staff, which will be coordinated and held by our Learning & Development Team. 1280 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 103 ©2024 Verra Mobility™ | Proprietary and Confidential Four primary milestones drive our implementation process. While our skilled teams work to set up and solve the intricacies involved in delivering your safety camera program, your insight and collaboration is essential to success. Milestone #1 – Launch Meeting Immediately following contract execution, Verra Mobility’s Project Manager will schedule an initial project kickoff meeting with key members of our Project Team and key City and police personnel. During this meeting, our team will provide an overview of the project and identify roles and responsibilities of all stakeholders involved in delivering the program. This meeting has two primary areas of focus. The first being Governance Alignment where we will make sure we together are clear on how the program needs to operate to comply with legislative and contractual documents. The second focus will be on project management. Verra Mobility will supply the draft implementation plan and walk client staff though a typical implementation and begin to mature the plan with you input until we reach an agreed delivery schedule. Milestone #2 – Define Defining how a program will operate both with products and services is crucial to a quality and compliant program. We have a two-part requirements-gathering process that we will work together in making sure we are delivering with clarity. 1) Verra Mobility’s Business Rules Questionnaire (BRQ) is a live document that allows our clients to provide Verra Mobility with a set of business rules regarding how the program should operate. Similar to an instruction manual, this document outlines the architecture for how the back-end operation work from event capture to notice payment and disposition. It contains the City’s guidance as well as the program’s governing legislation, the Verra Mobility internal team processes, and the applicable back-office system configurations. The captured business rules also directly allow for a call center script to be defined. Event processing rules (such as exempting vehicle categories such as ambulances and police vehicles) are also defined and proves our internal teams with all instructions for them to follow in such instances. We know the City’s workflows are 1281 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 104 ©2024 Verra Mobility™ | Proprietary and Confidential unique, and we are prepared to support them by customizing them to fit your specifications. The BRQ focuses on the backend requirements in support of processing rules, document management, adjudication, and fund management to name a few. This includes defining violation categories that the City has determined exempt (e.g., police, fire, and ambulance vehicles). 2) Our change request questionnaire ( CRQ) focuses on delivering products in full compliance of any state and local engineering and construction standards, ensuring that modifications are properly documented, evaluated, approved, and implemented in a controlled and systematic manner. Milestone #3 – Build Site Analysis Site Selection For speed safety camera programs, we use a robust site selection process and analysis tool, a unique and proven model that can quickly identify and evaluate an approach that presents a high safety risk for speed accidents. The result of the model can directionally indicate violation potentials at maturity of the site. This data, coupled with incident historical violation and crash data provided by the client, efficiently and accurately supports the process to pinpoint locations that can benefit the most from our speed safety camera solutions. Site Surveys We will conduct site visits and will document key inputs so that the necessary site plans can be designed. Site Design and Permit Acquisition In addition to utilizing, as needed, highly qualified local vendors and subcontractors for various activities, Verra Mobility has a fully integrated and equipped in-house design and engineering team of surveyors and CAD design technicians under the leadership/supervision of a professional engineer (PE) licensed in multiple states, with a Master’s concentration in Transportation Planning and Engineering and 15 years of experience in traffic engineering and transportation planning. The Design and Engineering Team will manage design plans to adhere to local permitting and will collaborate with our in-house construction staff and any applicable construction subcontractors on drawing review, provision of final drawings for the approved sites, and the necessary requirements for submission as prescribed by the City. Camera Site Construction and System Installation After the City approves the intersection/design plans and upon receipt of the required permits, we will begin site construction and system installation. Whereas Verra Mobility will have overall responsibility for the installation of the camera systems, we will work with and oversee any applicable electric or construction subcontractors to construct the camera sites. 1282 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 105 ©2024 Verra Mobility™ | Proprietary and Confidential Our recommended transition approach will minimize construction needed at the existing sites. For context, Verra Mobility has transitioned existing programs in the United States including Virginia Beach and Norfolk, Virginia; Washington, D.C.; Chandler, Mesa and Scottsdale, Arizona; Baltimore County, Annapolis and Frederick, Maryland; Boulder, Colorado; San Francisco, California; and many others. Together, Verra Mobility and its subcontractors will ensure safe and continuous traffic flow during all phases of installation. Deployment and Testing During this phase, Verra Mobility tests each camera system, and validates all violation detection and image capture process and protocols prior to the system “go-live" date. Testing includes all hardware, software and service components to help ensure a maximum number of violations are captured and to reduce false triggers and image degradation issues. Backend Setup Verra Mobility will obtain the list of the City’s authorized personnel who will need access to the back-office system. We will also add your program to our processing system, which will conform to the City’s speed safety program business rules. We will work with the City on the creation and approval of all notices and correspondence that will be used for the City’s program. The back-end development will be completed while the site work is being completed. Milestone #4 – Go Live The final Go Live stage is focused on outreach and training. Verra Mobility will work with the City’s marketing or outreach team to make sure citizens are educated and aware of the benefits of the program. We will collaborate and support with content creation and delivery in support of a successful program launch. The final step is staff training from our Learning and Development team. This step is crucial to making sure City staff and partners in the program have a complete understanding of the process and tools to enable them to be successful. Training is designed to deliver content that is specific and relevant to the program that the City will operate. This may include facilitator-led training sessions that occur face-to-face or through distance learning. Each training course will be accompanied with training materials on the topic or function being trained. As the project evolves, a member of the Training Team will consult with the Verra Mobility Account Manager and the City’s Program Manager to determine the timing of training, class sizes, delivery method and resources needed. Management Overview Verra Mobility will interface and collaborate with the City of Tampa and third parties effectively by adhering to an approved Project Management Plan (PMP) developed using industry best practices, such as those found in Project Management Body of Knowledge (PMBOK® Guide). We will also develop project controls consistent with industry best practices. These controls will be documented in our PMP and include, but not be limited to, the following: 1283 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 106 ©2024 Verra Mobility™ | Proprietary and Confidential > Project Manager – to support the full project, as well as a team of subject matter experts (SMEs) to provide additional support to the program design, implementation, and ongoing program change management. > Electronic Document Management – to ensure a consistent file naming convention, secure file and data storage and archiving, file version control, as well as provide a central electronic location for the City of Tampa and stakeholders to access draft and final documents. > Schedule Management – The City of Tampa and Verra Mobility will negotiate a final baseline project schedule utilizing Microsoft Project. The project schedule will be managed and updated bi-weekly (every two weeks) or at agreed upon cadence to meet the need of the project. The project schedule will illustrate the critical path and show progress from the approved baseline for each of the designated deployments and elements contained within for the duration of the contract and decommissioning of the program. At each stage of delivery, we will manage and work with the City of Tampa to establish the appropriate working groups and authorities for approvals and acceptance of solutions. These milestones of acceptance will build into the delivery plan with appropriate success criteria as determined by the City. This approach will be utilized throughout the design, build, and delivery of solutions for the implementation of the program. Quality Control Verra Mobility will establish and implement a Quality Control (QC) system as part of our Quality Management Plan (QMP) to assure that the work quality meets or exceeds the contract requirements. The QMP will provide a comprehensive description of the planning, monitoring, and reporting program that we will implement to ensure and document the quality of our work and will be submitted as part of our overall PMP. We will engage QC staff, who are independent of production staff, to fulfill the requirements of this contract. QC involves responsibilities of both Verra Mobility and the City to ensure that goals for project quality will be met. This is especially critical during the equipment testing and calibration, operation of the equipment, license plate data acquisition, accuracy in mailing of notices, and exchange of data with critical systems maintained by other state agencies. We view Quality Control as separate and distinct from Quality Assurance in the following ways: > QC is the inspection phase of quality assurance. It is a series of test procedures used to verify that a product is safe and effective after mass production. > QC is reactive and exists to identify defects in the quality of products after they have happened. > QC involves the testing of products to ensure they meet standards for safety and efficacy. If QC testing uncovers quality issues, it will result in reactive steps to prevent an unsafe product from being shipped and distributed. 1284 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 107 ©2024 Verra Mobility™ | Proprietary and Confidential > QC is product-oriented and focused on identifying quality issues in manufactured products that could affect customer satisfaction. > QC involves verification of products post-manufacture and before distribution. > QC is generally the responsibility of certain personnel within the organization whose duties include following Standard Operating Procedures (SOP) for product testing. QC staff follow SOPs for quality control and document their findings based on standardized procedures for product testing and process validation. > QC efforts are also be focused on parts used to create the final product, such as raw materials from a supplier. Quality Organization and Personnel Verra Mobility will take the lead role in ensuring the quality of the work meets or exceeds the contract requirements. This lead role is a core principle of our daily operations and overall approach to our projects. We will furnish all QC staff, facilities, and resources necessary to fulfill the requirements of the contract. Our QC staff will be adequate for the size and complexity of the project to ensure that the compliance of the work can be proven through QC documentation and testing results. A complete description of the organization and personnel that will be used to ensure QC will be delineated in our QMP. Quality Interface Approach Verra Mobility has a proven approach to quality interface between design development and implementing, operating, and maintaining our systems. We will ensure the school speed camera program is functioning in conformance with contract requirements without the need for the City’s intervention. We will develop, implement, and maintain a comprehensive quality monitoring program (QMP) tailored to the complexity and scope of the work. The QMP will describe all QC procedures of all parties involved (Verra Mobility, subcontractors, producers, fabricators, manufacturers, etc.) with the design and implementation of the program. Successful QC will be a condition of the acceptance of the work. QC procedures may include: > Batch inspection > Product sampling > Validation testing > Laboratory testing > Software testing Quality Control Personnel Roles and Responsibilities The QC function maintains independence from individual project functions by possessing a direct reporting relationship to the Quality Control Administrator (QCA). This structure protects the independence and objectivity of QC personnel and provides assurance of high 1285 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 108 ©2024 Verra Mobility™ | Proprietary and Confidential quality, professional products and services. The QCA will be responsible for the development of the final QMP that will be used to identify roles and responsibilities. The role of the QC personnel is to assist the technical staff in continuously improving the quality of work products and services. The QCA is responsible for facilitating the establishment of the processes and procedures that project team members follow as they perform their day-to-day activities. The QCA will perform periodic inspections and audits to ensure compliance with established policies and procedures. QC personnel will be involved throughout the life of the project. To ensure that QC activities are identified and that time is allotted for QC activities, funding for the QC will be planned for in the task hours of the final project schedule and included in the cost structure for the project. Design Management Integrating Design Development with Procurement and Deployment Activities Verra Mobility will be responsible for designing, implementing, operating, and maintaining the program. We will be responsible for completing the preliminary design, final design, development, land testing, as well as operations and maintenance work. We will develop the necessary design documents to include but not limited to: 1. Preliminary Design Document 2. Detailed Design Document 3. Requirements Traceability Matrix 4. Data Schema and Dictionary 5. Reports 6. Test Plans Our design management process integrates the design development with the procurement and deployment activities. 1286 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 109 ©2024 Verra Mobility™ | Proprietary and Confidential Tab 9. Sub-Contracting Submittals. "Tab 9. Sub-Contracting Submittals. No Successful Proposer shall assign the contract or any rights or obligations thereunder without the written consent of the City. The Successful Proposer shall be required to perform with its own forces at least fifty-one (51) percent of the work, unless prior written consent to subcontract a greater percentage of the work first obtained by the City. In the event of such approved subcontracting, the Successful Proposer agrees to provide the City with written documentation relative to the Subcontractor(s) solicited, or that will be employed in this award, including but not limited to submittal of attached the following Schedule of Sub-Contracting Forms: • Schedule of All Sub-Contractors/Consultants/Suppliers Solicited - MBD 10 • Schedule of Sub-Contractors/Consultants/Suppliers to be Utilized - MBD 20 These forms must be completed (including signatures) and submitted with all proposals. Submittals that do not contain these completed forms shall be deemed “non-responsive”. Instructions on completing the forms are included after each form in this RFP package. Subcontractor shall be defined as; a business enterprise, firm, partnership, corporation, consultant, or combination thereof having a direct contract with a prime contractor for any portion of the advertised work that is awarded by the owner/owner's representative. Supplier shall be defined as; a business enterprise that either directly contracts with a Prime Contractor/Consultant or directly contracts with a Subcontractor under such Prime Contractor/Consultant to provide materials, supplies or equipment in connection with a Contract awarded by the owner/owner representative. A Supplier may be a regular dealer, distributor, or manufacturer." While most of our services are performed by our in-house team of skilled professionals, we occasionally engage contractors to ensure localized support and expertise for specific projects. Rest assured that Verra Mobility maintains strict quality control measures and oversight to guarantee that all work, whether conducted in-house or by our subcontractor partners, meets our high standards of excellence and professionalism. 1287 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 110 ©2024 Verra Mobility™ | Proprietary and Confidential The names of each of our subcontractors 7 is included in the table below, followed by a full description of each firm. 7 Please note that the subcontractors we have listed in our proposal are based on area of expertise, experience, and availability at the time of submittal of our proposal. In the event Verra Mobility enters into an agreement with the City for the program described in our proposal, if there are changes to the subcontractors listed, Verra Mobility will comply with the contractual requirements related to changing subcontractors. 1288 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 111 ©2024 Verra Mobility™ | Proprietary and Confidential 1289 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 112 ©2024 Verra Mobility™ | Proprietary and Confidential 1290 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 113 ©2024 Verra Mobility™ | Proprietary and Confidential 1291 43 SECTION IV. SUB-CONTRACTING FORMS AND PAYMENT FORM Failure to Complete, Sign and Submit Both Forms 10 & 20 SHALL render the Proposal Non-Responsive Page 1 of 4 – DMI Solicited/Utilized Schedules City of Tampa – Schedule of All Solicited Sub-(Contractors/Consultants/Suppliers) (FORM MBD-10) Contract No.: 24-P-00227 Contract Name: AUTOMATED SPEED DETECTION FOR SCHOOL ZONE SAFETY ENFORCEMENT, RFP #61122923 Company Name: Address: Federal ID: Phone: Fax: Email: Check applicable box(es). Detailed Instructions for completing this form are on page 2 of 4. [ ] No Firms were contacted or solicited for this contract. [ ] No Firms were contacted because: [ ] See attached list of additional Firms solicited and all supplemental information (List must comply to this form) Note: Form MBD-10 must list ALL subcontractors solicited including Non-minority/small businesses NIGP Code Categories: Buildings = 909, General = 912, Heavy = 913, Trades = 914, Architects = 906, Engineers & Surveyors = 925, Supplier = 912-77 S = SLBE W=WMBE O = Neither Company Name Address Phone, Fax, Email Type of Ownership (F=Female M=Male) BF BM = African Am. HF HM = Hispanic AF AM = Asian Am. NF NM = Native Am. CF CM = Caucasian Trade or Services NIGP Code (listed above) Contact Method L=Letter F=Fax E=Email P=Phone Quote or Response Received Y/N Federal ID It is hereby certified that the information provided is an accurate and true account of contacts and solicitations for sub–contracting opportunities on this contract. Signed: Name/Title: Date: Failure to Complete, Sign and Submit Both Forms 10 & 20 SHALL render the Proposal Non-Responsive Forms must be included with Proposal MBD 10 rev./effective 02/2016 480.443.7000 480.596.4501 Placido.Diaz@verramobility.com Jonathan Baldwin, Executive Vice President, Government Solutions 4/11/2024 1292 43 SECTION IV. SUB-CONTRACTING FORMS AND PAYMENT FORM Failure to Complete, Sign and Submit Both Forms 10 & 20 SHALL render the Proposal Non-Responsive Page 1 of 4 – DMI Solicited/Utilized Schedules City of Tampa – Schedule of All Solicited Sub-(Contractors/Consultants/Suppliers) (FORM MBD-10) Contract No.: 24-P-00227 Contract Name: AUTOMATED SPEED DETECTION FOR SCHOOL ZONE SAFETY ENFORCEMENT, RFP #61122923 Company Name: Address: Federal ID: Phone: Fax: Email: Check applicable box(es). Detailed Instructions for completing this form are on page 2 of 4. [ ] No Firms were contacted or solicited for this contract. [ ] No Firms were contacted because: [ ] See attached list of additional Firms solicited and all supplemental information (List must comply to this form) Note: Form MBD-10 must list ALL subcontractors solicited including Non-minority/small businesses NIGP Code Categories: Buildings = 909, General = 912, Heavy = 913, Trades = 914, Architects = 906, Engineers & Surveyors = 925, Supplier = 912-77 S = SLBE W=WMBE O = Neither Company Name Address Phone, Fax, Email Type of Ownership (F=Female M=Male) BF BM = African Am. HF HM = Hispanic AF AM = Asian Am. NF NM = Native Am. CF CM = Caucasian Trade or Services NIGP Code (listed above) Contact Method L=Letter F=Fax E=Email P=Phone Quote or Response Received Y/N Federal ID It is hereby certified that the information provided is an accurate and true account of contacts and solicitations for sub–contracting opportunities on this contract. Signed: Name/Title: Date: Failure to Complete, Sign and Submit Both Forms 10 & 20 SHALL render the Proposal Non-Responsive Forms must be included with Proposal MBD 10 rev./effective 02/2016 Responsive (Do Not Modify This Form) 480.443.7000 480.596.4501 Placido.Diaz@verramobility.com Jonathan Baldwin, Executive Vice President, Government Solutions 4/11/2024 1293 44 Page 2 of 4 – DMI Solicited/Utilized Instructions for completing The Sub-(Contractors/Consultants/ Suppliers) Solicited Form (Form MBD-10) This form must be submitted with all proposals. All subcontractors (regardless of ownership or size) solicited and subcontractors from whom unsolicited quotations were received must be included on this form. The instructions that follow correspond to the headings on the form required to be completed. Note: Ability or desire to self-perform all work shall not exempt the prime from Good Faith Efforts to achieve participation. • Contract No. This is the number assigned by the City of Tampa for the proposal. • Contract Name. This is the name of the contract assigned by the City of Tampa for the proposal. • Contractor Name. The name of your business and/or doing business as (dba) if applicable. • Address. The physical address of your business. • Federal ID. FIN. A number assigned to your business for tax reporting purposes. • Phone. Telephone number to contact business. • Fax. Fax number for business. • Email. Provide email address for electronic correspondence. • No Firms were contacted or solicited for this contract. Checking the box indicates that a pre-determined Subcontract Goal or Participation Plan Requirement was not set by the City resulting in your business not using subcontractors and will self-perform all work. If during the performance of the contract you employ subcontractors, the City must pre-approve subcontractors. Use of the “Sub-(Contractors/Consultants/Suppliers) Payments” form (MBD Form-30) must be submitted with every pay application and invoice. Note: Certified SLBE or WMBE firms bidding as Primes are not exempt from outreach and solicitation of subcontractors. • No Firms were contacted because. Provide brief explanation why no firms were contacted or solicited. • See attached documents. Check box, if after you have completed the DMI Form in its entirety, you need more space to list additional firms and/or if you have supplemental information/documentation relating to the form. All DMI data not submitted on the MBD Form-10 must be in the same format and have all requested data from MBD Form- 10 included. The following instructions are for information of any and all subcontractors solicited. • “S” = SLBE, “W” = WMBE. Enter “S” for firms Certified by the City as Small Local Business Enterprises and/or “W” for firms Certified by the City as either Women/Minority Business Enterprise; “O” = Non-certified others. • Federal ID. FIN. A number assigned to a business for tax reporting purposes. This information is critical in proper identification and payment of the contractor/subcontractor. • Company Name, Address, Phone & Fax. Provide company information for verification of payments. • Type of Ownership. Indicate the Ethnicity and Gender of the owner of the subcontracting business. • Trade, Services, or Materials indicate the trade, service, or materials provided by the subcontractor. NIGP codes aka “National Institute of Governmental Purchasing” are listed at top section of document. • Contact Method L=letter, F=fax, E=Email, P=Phone. Indicate with letter the method(s) of soliciting for bid. • Quote or Resp. (response) Rec’d (received) Y/N. Indicate “Y” Yes if you received a quotation or if you received a response to your solicitation. Indicate “N” No if you received no response to your solicitation from the subcontractor. Must keep records: log, ledger, documentation, etc. that can validate/verify. For additional information visit the Equal Business Opportunity Office website at www.tampagov.net/ebo 1294 45 Failure to Complete, Sign and Submit Both Forms 10 & 20 SHALL render the Proposal Non-Responsive Page 3 of 4 – DMI Solicited/Utilized Schedules City of Tampa – Schedule of All To-Be-Utilized Sub-(Contractors/Consultants/Suppliers) (FORM MBD-20) Contract No.: 24-P-00227 Contract Name: AUTOMATED SPEED DETECTION FOR SCHOOL ZONE SAFETY ENFORCEMENT, RFP #61122923 Company Name: Address: Federal ID: Phone: Fax: Email: Check applicable box(es). Detailed Instructions for completing this form are on page 4 of 4. [ ] See attached list of additional Firms Utilized and all supplemental information (List must comply to this form) Note: Form MBD-20 must list ALL subcontractors To-Be-Utilized including Non-minority/small businesses [ ] No Subcontracting/consulting (of any kind) will be performed on this contract. [ ] No Firms are listed to be utilized because: NIGP Code General Categories: Buildings = 909, General = 912, Heavy = 913, Trades = 914, Architects = 906, Engineers & Surveyors = 925, Supplier = 912-77 Enter “S” for firms Certified as Small Local Business Enterprises, “W” for firms Certified as Women/Minority Business Enterprise, “O” for Other Non-Certified S=SLBE W=WMBE O=Neither Company Name Address Phone, Fax, Email Type of Ownership (F=Female M=Male) BF BM = African Am. HF HM = Hispanic Am. AF AM = Asian Am. NF NM = Native Am. CF CM = Caucasian Trade, Services, or Materials NIGP Code Listed above $ Amount of Quote. Letter of Intent (LOI) if available Percent of Scope or Contract % Federal ID It is hereby certified that the following information is a true and accurate account of utilization for sub-contracting opportunities on this Contract. Signed: Name/Title: Date: Failure to Complete, Sign and Submit Both Forms 10 & 20 SHALL render the Proposal Non-Responsive Forms must be included with Proposal. MBD 20 rev./effective 02/2016 480.443.7000 480.596.4501 Placido.Diaz@verramobility.com Executive Vice President, Government Solutions Jonathan Baldwin 4/11/2024 1295 45 Failure to Complete, Sign and Submit Both Forms 10 & 20 SHALL render the Proposal Non-Responsive Page 3 of 4 – DMI Solicited/Utilized Schedules City of Tampa – Schedule of All To-Be-Utilized Sub-(Contractors/Consultants/Suppliers) (FORM MBD-20) Contract No.: 24-P-00227 Contract Name: AUTOMATED SPEED DETECTION FOR SCHOOL ZONE SAFETY ENFORCEMENT, RFP #61122923 Company Name: Address: Federal ID: Phone: Fax: Email: Check applicable box(es). Detailed Instructions for completing this form are on page 4 of 4. [ ] See attached list of additional Firms Utilized and all supplemental information (List must comply to this form) Note: Form MBD-20 must list ALL subcontractors To-Be-Utilized including Non-minority/small businesses [ ] No Subcontracting/consulting (of any kind) will be performed on this contract. [ ] No Firms are listed to be utilized because: NIGP Code General Categories: Buildings = 909, General = 912, Heavy = 913, Trades = 914, Architects = 906, Engineers & Surveyors = 925, Supplier = 912-77 Enter “S” for firms Certified as Small Local Business Enterprises, “W” for firms Certified as Women/Minority Business Enterprise, “O” for Other Non-Certified S=SLBE W=WMBE O=Neither Company Name Address Phone, Fax, Email Type of Ownership (F=Female M=Male) BF BM = African Am. HF HM = Hispanic Am. AF AM = Asian Am. NF NM = Native Am. CF CM = Caucasian Trade, Services, or Materials NIGP Code Listed above $ Amount of Quote. Letter of Intent (LOI) if available Percent of Scope or Contract % Federal ID It is hereby certified that the following information is a true and accurate account of utilization for sub-contracting opportunities on this Contract. Signed: Name/Title: Date: Failure to Complete, Sign and Submit Both Forms 10 & 20 SHALL render the Proposal Non-Responsive Forms must be included with Proposal. MBD 20 rev./effective 02/2016 48-1114931 480.443.7000 480.596.4501 Placido.Diaz@verramobility.com Jonathan Baldwin, Executive Vice President, Government Solutions 4/11/2024 1296 46 Page 4 of 4 DMI – Solicited/Utilized Instructions for completing The Sub-(Contractors/Consultants/ Suppliers) to be Utilized Form (Form MBD-20) This form must be submitted with all bids or proposals. All subcontractors (regardless of ownership or size) projected to be utilized must be included on this form. Note: Ability or desire to self-perform all work shall not exempt the prime from Good Faith Efforts to achieve participation. Contract No. This is the number assigned by the City of Tampa for the bid or proposal. • Contract Name. This is the name of the contract assigned by the City of Tampa for the bid or proposal. • Contractor Name. The name of your business and/or doing business as (dba) if applicable. • Address. The physical address of your business. • Federal ID. FIN. A number assigned to your business for tax reporting purposes. • Phone. Telephone number to contact business. • Fax. Fax number for business. • Email. Provide email address for electronic correspondence. • No Subcontracting/consulting (of any kind) will be performed on this contract. Checking box indicates your business will not use subcontractors when no Subcontract Goal or Participation Plan Requirement was set by the City but will self-perform all work. When subcontractors are utilized during the performance of the contract, the “Sub-(Contractors/Consultants/Suppliers) Payments” form (MBD Form-30) must be submitted with every pay application and invoice. Note: certified SLBE or WMBE firms bidding as Primes are not exempt from outreach and solicitation of subcontractors, including completion and submitting Form-10 and Form-20. • No Firms listed To-Be-Utilized. Check box; provide brief explanation why no firms were retained when a goal or participation plan requirement was set on the contract. Note: mandatory compliance with Good Faith Effort outreach (GFECP) requirements applies (MBD Form-50) and supporting documentation must accompany the bid. • See attached documents. Check box, if after completing the DMI Form in its entirety, you need more space to list additional firms and/or if you have supplemental information/documentation relating to the scope/value/percent utilization of subcontractors. Reproduce copies of MBD-20 and attach. All data not submitted on duplicate forms must be in the same format and content as specified in these instructions. The following instructions are for information of Any and All subcontractors To Be Utilized. • Federal ID. FIN. A number assigned to a business for tax reporting purposes. This information is critical in proper identification of the subcontractor. • “S” = SLBE, “W” = WMBE. Enter “S” for firms Certified by the City as Small Local Business Enterprises and/or “W” for firms Certified by the City as Women/Minority Business Enterprise; “O” = Non-certified others. • Company Name, Address, Phone & Fax. Provide company information for verification of payments. • Type of Ownership. Indicate the Ethnicity and Gender of the owner of the subcontracting business. • Trade, Services, or Materials (NIGP code if Known) Indicate the trade, service, or material provided by the subcontractor. Abbreviated list of NIGP is available at http:/www.tampagov.net/mbd “Information Resources”. • Amount of Quote, Letters of Intent (required for both SLBEs and WMBEs). • Percent of Work/Contract. Indicate the percent of the total contract price the subcontract(s) represent. For CCNA only (i.e., Consultant A/E Services) you must indicate subcontracts as percent of total scope/contract. • Total Subcontract/Supplier Utilization. – Provide total dollar amount of all subcontractors/suppliers projected to be used for the contract. (Dollar amounts may be optional in CCNA depending on solicitation format). • Total SLBE Utilization. Provide total dollar amount for all projected SLBE subcontractors/Suppliers used for this contract. (Dollar amounts may be optional in CCNA proposals depending on the solicitation format). • Total WMBE Utilization. Provide total dollar amount for all projected WMBE subcontractors/Suppliers used for this contract. (Dollar amounts may be optional in CCNA proposals depending on the solicitation format). • Percent SLBE Utilization. Total amount allocated to SLBEs divided by the total bid/proposal amount. • Percent WMBE Utilization. Total amount allocated to WMBEs divided by the total bid/proposal amount. For additional information visit the Equal Business Opportunity Office website at www.tampagov.net/ebo 1297 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 114 ©2024 Verra Mobility™ | Proprietary and Confidential Tab 10. Compensation. Please note that all compensation/pricing information has uploaded separately to the “Cost Proposal” portion of the City’s GetAll platform in accordance with RFP instructions (Section 14.2). Tab 11. Proposer's Affidavit. Please note our completed Proposer Affidavit has been uploaded separately to the “Solicitation Submittal(s)” portion of the City’s GetAll platform in accordance with RFP instructions (Section 14.2). Tab 12. Proposal Signature Form. Please note our completed Proposer Signature Form has been completed and uploaded separately to the “Solicitation Submittal(s)” portion of the City’s GetAll platform in accordance with RFP instructions (Section 14.2). Tab 13. Documentation. Please note our Documentation for Tab 13 Proposer’s Criminal History Screening Practices has been completed and uploaded separately to the “Solicitation Submittal(s)” portion of the City’s GetAll platform in accordance with RFP instructions (Section 14.2). Tab 14. Exceptions to RFP. Please note that our Exceptions to the RFP has been uploaded as a part of the “Solicitation Submittal” portion of the City’s GetAll platform. 1298 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 115 ©2024 Verra Mobility™ | Proprietary and Confidential Appendices Appendix 1 - Example School Zone Speed Study The study is included on the following pages. 1299 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 116 ©2024 Verra Mobility™ | Proprietary and Confidential 1300 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 117 ©2024 Verra Mobility™ | Proprietary and Confidential 1301 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 118 ©2024 Verra Mobility™ | Proprietary and Confidential 1302 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 119 ©2024 Verra Mobility™ | Proprietary and Confidential 1303 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 120 ©2024 Verra Mobility™ | Proprietary and Confidential 1304 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 121 ©2024 Verra Mobility™ | Proprietary and Confidential 1305 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 122 ©2024 Verra Mobility™ | Proprietary and Confidential 1306 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 123 ©2024 Verra Mobility™ | Proprietary and Confidential 1307 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 124 ©2024 Verra Mobility™ | Proprietary and Confidential 1308 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 125 ©2024 Verra Mobility™ | Proprietary and Confidential 1309 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 126 ©2024 Verra Mobility™ | Proprietary and Confidential 1310 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 127 ©2024 Verra Mobility™ | Proprietary and Confidential 1311 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 128 ©2024 Verra Mobility™ | Proprietary and Confidential 1312 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 129 ©2024 Verra Mobility™ | Proprietary and Confidential 1313 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 130 ©2024 Verra Mobility™ | Proprietary and Confidential 1314 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 131 ©2024 Verra Mobility™ | Proprietary and Confidential 1315 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 132 ©2024 Verra Mobility™ | Proprietary and Confidential 1316 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 133 ©2024 Verra Mobility™ | Proprietary and Confidential 1317 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 134 ©2024 Verra Mobility™ | Proprietary and Confidential 1318 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 135 ©2024 Verra Mobility™ | Proprietary and Confidential 1319 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 136 ©2024 Verra Mobility™ | Proprietary and Confidential 1320 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 137 ©2024 Verra Mobility™ | Proprietary and Confidential 1321 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 138 ©2024 Verra Mobility™ | Proprietary and Confidential 1322 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 139 ©2024 Verra Mobility™ | Proprietary and Confidential 1323 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 140 ©2024 Verra Mobility™ | Proprietary and Confidential Appendix 2 – Sample Training Materials 1324 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 141 ©2024 Verra Mobility™ | Proprietary and Confidential 1325 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 142 ©2024 Verra Mobility™ | Proprietary and Confidential 1326 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 143 ©2024 Verra Mobility™ | Proprietary and Confidential Appendix 3 – Accuracy Study/Documentation 1327 City of Tampa Automated Speed Detection for School Zone Safety Enforcement RFP#611122923 Page 144 ©2024 Verra Mobility™ | Proprietary and Confidential 1328 Purchasing Department DeAnna Faggart, NIGP-CPP, CPPO, Director 2555 East Hanna Ave Tampa, Florida 33610 Office (813) 274-8351 Fax: (813) 274-8355 #TFM3J2GJ0D55K8v3 MARCH 7, 2024 REQUEST FOR PROPOSALS (RFP) Sealed proposals for AUTOMATED SPEED DETECTION FOR SCHOOL ZONE SAFETY ENFORCEMENT, RFP #61122923 will be received by the Director of Purchasing, City of Tampa, until 3:00 PM APRIL 5, 2024; then to be opened. A PRE-PROPOSAL CONFERENCE will be held at 10:00 AM, MARCH 22, 2024, the Purchasing Department, 2nd Floor, 2555 East Hanna Avenue, Tampa Florida 33610 to discuss the above referenced subject. The purpose of this conference is to answer questions that may arise from the RFP documents. PLEASE BRING A COPY OF THE RFP TO THE PRE-PROPOSAL CONFERENCE. In accordance with the Americans with Disabilities Act (“ADA”) and Section 286.26, Florida Statutes, persons with disabilities needing a reasonable accommodation to participate in these public hearings or meetings should contact the City of Tampa’s ADA Coordinator at least 48 hours prior to the proceeding. The ADA Coordinator may be contacted by phone at 813-274-3964, email at TampaADA@tampagov.net, or by submitting an ADA - Accommodations Request online form available at https://tampagov.net/ADARequest “Please note that the City of Tampa may not be able to accommodate any request received less than 48 hours before the scheduled hearing or meeting. Attached are important instructions and specifications regarding responses to this Request for Proposals. Failure to follow these instructions may result in Proposer’s disqualification. Questions regarding Vendor Registration, accessing RFP documents or submission assistance within the GetAll system shall be emailed to support@getall.com. Reference RFP # and name in email subject line. Questions pertaining to the RFP document/specifications will be accepted up to ten days prior to the scheduled opening date and time and shall be submitted within the GetAll system. Per the City of Tampa’s Communication Policy during any solicitation period including any protest and/or appeal, there should be no contact with City officials or employees, other than the Analyst, the Director of Purchasing or the Legal Department, permitted from any Proposer. Such communication shall result in an automatic disqualification for selection in the pending solicitation and any subsequent City solicitations for a period of six (6) months, no matter the outcome of the solicitation or any protest and/or appeal. Proposals shall be accepted no later than the time and date specified above. The RFP Opening shall be thereafter and published on GETALL. All proposals received after the due date and time shall be rejected. Offers by mail, hand delivery or express mail, telephone, email or transmitted by facsimile (FAX) machine are not acceptable. All submittals are uploaded electronically into the GETALL system. No file shall have a special character. No proposal may be withdrawn or modified after the time fixed for the opening of proposals. Electronic submittals shall be performed in the GetAll system via link https://erfp.integratise.com/getall/registration_initial_tmp.asp?c=&p=61122923&d=04/05/2024 To ensure that an electronic submittal is received by the opening date and time, it is recommended that the Proposer submit their documents with adequate time allowed prior to the deadline. Proposer shall receive an email confirmation of their proposal submittal after clicking on the Confirm Bid button in the GetAll system. The Proposer shall be responsible for confirming that their submittal is received by the deadline. Any submittal received after the closing date and time will not be considered. 1329 2 INSTRUCTIONS TO PROPOSERS City of Tampa solicitations are issued electronically via GetAll’s system. Obtaining solicitations through GetAll will ensure that proposers will have the following capabilities: receipt of solicitation documents electronically, track the status of solicitation award activity, receive addenda, receive the results of solicitation awards and view plans and blueprints online electronically. Proposers who obtain specifications and plans from sources other than GetAll are cautioned that the solicitation packages may be incomplete. The City will not accept incomplete proposals. Contact GetAll at support@getall.com for more information. The City is not responsible for errors and omissions occurring in the transmission or downloading of any solicitation documents, plans, or specifications from the GetAll system. GetAll has no affiliation with the City of Tampa other than as a service that facilitates communication and solicitation submittals between the City and its proposers. GetAll is an independent entity and is not an agent or representative of the City. Communications to GetAll does not constitute communications to the City. Contact GetAll at support@getall.com for more information. Proposers discovering any ambiguity, conflict, discrepancy, omission, or other error in this RFP, shall immediately notify the City of such error in writing and request modification or clarification of the RFP within the GetAll system. Modifications will be made by issuing an addendum and will be given by written notice to all prospective Proposers who received an original RFP from GetAll (those who are on the Plan Holders List). Addenda will be posted and disseminated by GetAll at least five business days prior to this RFP opening date. The Proposer is responsible for clarifying any ambiguity, conflict, discrepancy, omission, or other error in the RFP prior to submitting the offer or it shall be deemed waived. Tabulations (results) will be posted in the GetAll system and made available to proposers after the scheduled public opening of the sealed proposals. The Proposer shall comply with the applicable requirements of Federal and state laws, all Codes and Ordinances of the City of Tampa as amended from time to time and any applicable professional regulations. The Proposer is expected to carefully examine the entire solicitation package, including but not limited to all the provisions, terms, and conditions. Failure to do so will be at the Proposer’s risk. THE REST OF THIS PAGE IS LEFT INTENTIONALLY BLANK 1330 3 TABLE OF CONTENTS SECTION I. SCOPE OF SERVICES SECTION II. GENERAL CONDITIONS SECTION III. PROPOSER’S AFFIDAVIT AND PROPOSAL SIGNATURE FORMS SECTION IV. SUB-CONTRACTING FORMS AND PAYMENT FORM ATTACHMENT A. PROPOSAL SUBMITTAL CHECK LIST ATTACHMENT B. PUBLIC RECORD DECLARATION OR CLAIM OF EXEMPTION ATTACHMENT C. CONFLICT OF INTEREST DISCLOSURE FORM ATTACHMENT D. GOVERNMENT PURCHASING COUNCIL (GPC) LISTINGS 1331 4 SECTION I. SCOPE OF SERVICES 1. INTRODUCTION The City of Tampa (“City”) is soliciting proposals from qualified service providers to provide Automated Speed Detection School Zone Safety Enforcement, specifically a photo speed capture system, to include all processing, mailing, and backend management services. The service provider will provide and place or install automated school zone speed detection safety camera system equipment on designated roads/school zones within the City of Tampa. The service provider will work with the City of Tampa to deploy speed detection systems at approved school zone locations and will provide traffic/location studies of future locations as requested by the City in a manner approved by the City. After initial locations for the program are deployed in accordance with an Ordinance passed by the City identifying the approved school zone speed detection system locations, additional locations may be determined by the City during the term of the contract with the assistance of traffic/location studies and/or other data provided by the contracted service provider which establishes a heightened safety risks at a school zone. The aforementioned speed detection system, including any preliminary and/or future traffic/location studies, certificate approvals, system training, camera and installation, proper signage and installation, notices, mailings, back-office processing of violations, support services, customer service, hardware or software upgrades, and any system maintenance, will be cost-neutral to the City of Tampa. All equipment and the materials for violation processing shall be obtained, installed and maintained according to Federal, State, and Local Laws. The contracted service provider shall include all hardware, software, installation, maintenance, operation, and all back-office processing of violations as specified herein. The contracted service provider shall provide all customer service support to include monitored phone and e-mail in order to answer customer questions. Tampa Police Department officers will review all potential violations that meet specified criteria and make the final determination as to whether or not a violation exists. Upon determination that a violation exists, a Notice of Violation will be issued to the registered owner of the vehicle. Failure to request a hearing, submit an affidavit, or pay the violation will result in a citation being issued. 2. DEFINITIONS “Citation” means a “Uniform Traffic Citation (UTC)”. A citation shall include all required information as provided under Florida Statute sections 316.1896 and 316.650 and be sent in the manner and within the time frame provided. “Notice of Violation (NOV)” means a notice issued to the registered owner or co-owner of a motor vehicle for a violation, or to the person properly identified in an affidavit as having care, custody, or control of the motor vehicle at the time of the violation. A Notice of Violation shall include all required information as provided under Florida Statute section 316.1896 and be sent in the manner and within the time frame provided. “Speed detection system (SDS)” shall mean the same thing as provided under Florida Statute Sections 316.008 and 316.1906 and means a portable or fixed automated system used to detect a motor vehicle’s speed using radar or LiDAR and to capture a photograph or video of the rear of a motor vehicle that exceeds the speed limit in force at the time of the violation. The City however is seeking an SDS that captures both photo and video. A speed detection system is exempt from the design requirements for radar or LiDAR units established by the Florida Department of Highway Safety and Motor Vehicles. A speed detection system must have the ability to perform self-tests as to its detection accuracy. The system must perform a self-test at least once every 30 days. Unless otherwise agreed to be completed by Tampa Police Department in writing, the Successful Proposer shall maintain a log of the results of the system’s self-tests and shall also perform an independent calibration test on the speed detection system at least every 12 months. These shall be provided monthly to the Tampa Police Department for use in any hearing as authorized under Florida Statute Section 316.1906. “Violation” means a violation of Florida Statute Sections 316.1895 or 316.183, as may be amended, as authorized under Florida Statute Section 316.008(9). 1332 5 3. GOAL The goal of the City of Tampa School Zone Safety Enforcement Program (“the Program”) is to significantly increase safety through awareness and enforcement of speed limits within City school speed zones through automated speed enforcement of those limits. In accordance with chapter 2023-174, Laws of Florida, the system will monitor, detect, and record speed violations within designated school zones, thereby increasing vehicle and or pedestrian safety. This program supports the City of Tampa’s goal to eliminate fatalities and life- altering injuries on our roadway network by implementing key recommendations of the City’s Vision Zero Action Plan by prioritizing safety near schools. 4. OBJECTIVES The City desires to increase safety around school zones through use of speed detection systems as defined in section 163.003(83), Florida Statutes. The City seeks proposals which establish the experience, capabilities, customer service and support, and data driven analysis and reports studying the impacts of present and future speed zone roadway sites. The City seeks assurance of a proven track record for the proposed services; high degree of dependability, reliability, and accuracy; cost effectiveness; responsiveness; and financial solvency. Emphasis should be placed on the completeness of services offered and the clarity of content. This Request for Proposal (“RFP”) intends to select a solution provider that delivers the best overall value to the Tampa Police Department and the City of Tampa, considering the evaluation factors in this RFP. 5. PROJECT REQUIREMENTS Proposer is to submit written proposals presenting the proposer's qualifications and understanding of the services provided. Specifically, the proposer should provide thorough responses to ensure the proposer fully understands and can implement chapter 2023-174, Laws of Florida. The proposer's submission should provide all the information that it considers pertinent to its qualifications, and which responds to the specifications and evaluation criteria listed herein. Successful Proposer shall provide and install all equipment including, without limitation, poles, cabinets and related operational equipment at the selected school speed zone locations in compliance with all state, federal and local regulations. The Successful Proposer will be responsible for all permits (including FDOT for state road right of ways within the City), site design, construction, installation and maintenance of the equipment. The Successful Proposer will be required to provide appropriate signage for all intersection approaches. Successful Proposer will be required to have separate electrical meters for all equipment on all roadways at its own expense. Successful Proposer assumes all risk for direct or indirect damage or injury to the property or persons used or employed on or in connection with the work contracted for, and of all damage or injury to any person or property wherever located, resulting from any action, omission, or operation under the contracted work, until acceptance of the work by the City. Successful Proposer agrees that prior to the expiration of the agreement/contract to deliver to the City all data required by the City to continue processing outstanding violations and data owned by the City under the agreement/contract. The data must be provided in a format that is usable by the City. If data is in a proprietary format the successful Proposer must provide the software necessary to view, extract and utilize the data. The following items are required for the project and the Proposer must provide details on their proposed solution to meet the following requirements: 5.1 Speed detection technology to include: Calibration Method; Ability to perform self-tests; Documentation of proper operation on a scheduled basis; and Evidential documentation on a citation indicating the vehicle being cited for speeding is the vehicle captured by the speed detection system. 1333 6 5.1.1 Explain why the Proposer’s speed detection technology is the best solution for the City. 5.1.2 Provide a list, with photos and dimensions, of all major equipment for the SDS (cameras, flash or lighting units, cabinets that will be installed under this contract (including generally what the cabinets contain), that will be installed. Strong preference will be given to SDS that do not require additional cabinetry aside from that which houses the cameras. All SDS must be non-intrusive to roadway or transportation signal cabinetry. Only equipment that is fully operational at the date/time proposals are accepted will be considered as part of this contract award. No prototype equipment or equipment not currently in operation will be accepted. 5.1.3 Does the SDS at any time photograph or image the driver of the vehicle? 5.1.4 The SDS must provide at least two (2) digital color still images of each violating event. The images must be taken so that the rear of the vehicle and license plate are captured. The first image shall capture the vehicle within the area of the designated school speed zone at the time of the speed capture. The second image shall depict a close up of the license plate. 5.1.5 The camera system shall record data pertinent to each violation at the time of capture. 5.1.6 The SDS should be capable of monitoring up to four (4) traffic lanes at once. Describe the SDS ability to accurately capture violations at approaches with up to four (4) lanes in one direction. 5.2 Traffic/location studies in an effort to determine the need for additional automated speed enforcement cameras within school zone roadways. Please provide examples. 5.3 Enforcement of applicable speed limits on a roadway properly maintained as a school zone in accordance with Florida State Statute section 316.008(9)(a). 5.4 Collecting, aggregating, and comparing all traffic data in school speed zones in such a manner that traffic studies can be conducted in near real time. 5.5 Initial public notice documents/media for the purposes of public education in cooperation with the City of Tampa, the Hillsborough School District and the Tampa Police Department. The agency’s goal is to encourage traffic safety and increase public knowledge of school speed zone enforcement systems including increasing awareness of the dangers associated with speed through these areas. 5.6 Public information and education plan in detail, including outreach efforts to the community and the goals the effort deems to achieve in compliance with section 316.0776, Florida Statutes. 5.7 The timeline of a public information and education plan for the first year of an automated school zone enforcement program. 5.8 The stakeholders included in the public information and education plan and how each is utilized to communicate with communities within the City of Tampa, including presentations at public meetings. 5.9 Examples of public information and education documents/media distributed under current/past programs, including: -Press release samples; -Internet-based correspondence; and -Documents distributed by stakeholders. 5.10 The programmatic success rate of current/previous programs and how such success is defined. 1334 7 5.11 Technology/methods for determining and providing documentation that flashers were flashing during the reduced speed zone times as required by law when enforcement is being conducted. Such documentation shall be sufficient for evidentiary purposes. 5.12 Method for validating the existence and function of flashers in each school zone and the project plans implemented for providing maximum driver visibility and warning of entering into a school zone. 5.13 The proper permitting, installation, initial testing, and ongoing maintenance of systems and components thereof including warning signs, signals, speed measurement and/or any additional components. Prior to installation, the system components shall be approved and permitted/authorized by the Florida Department of Transportation (FDOT). All placement or installation of speed detection cameras must be done in compliance with Florida Statute section 316.0776 and all applicable Florida Statutes, and all Tampa City Code requirements. System components will be installed and maintained so as not to interfere with the operation of traffic control devices except where modifications to existing equipment is necessary to comply with law and or other approved design requirements. Interference or damage to any City, County, State or private party equipment and/or infrastructure will be at Service Provider’s expense. 5.14 The speed enforcement signs and how they are implemented in the program. 5.14.1 Description of how the SDS and other processes will be established to ensure the SDS captures and how a capture is screened to ensure only violations during the authorized period of times within a designated school zone for excess speed are issued NOV’s. 5.15 The process used to review all violations for validity and process the data for events that meet specified criteria (Business Rule Qualifications) prior to providing access to alleged violation events via secure web site to the Tampa Police Department for review, determination of violation, and issuance of Notices of Violation and Uniform Traffic Citations. Please provide examples of Notice of Violation and citation processing software images. 5.16 The storage of all data captured by a speed detection system to include the amount of data capable of being stored, data retention, and full description of access to the data and backup systems used to ensure the preservation of all data captured by the speed detection system, whether or not the data includes a capture of a violation. 5.17 Samples of all notices, letters and correspondence sent to customers, Department of Highway Safety and Motor Vehicles or others in processing and administering the school speed zone safety program. 5.17.1 Successful Proposer shall provide sufficient and trained staffing to open, count, batch, log, review and process correspondence letters received each day. It is the City’s desire that a minimum of 90% of all correspondence be processed within one business day of receipt, with the remaining correspondence processed the following business day. 5.17.2 Successful Proposer shall provide a correspondence imaging system that ensures all correspondence received is electronically scanned and available for customer service staff and City. 5.17.3 Proposer shall describe methodology and detail advantages for handling, processing and tracking incoming correspondence. 5.18 Identifying the registered owner of a vehicle. 5.19 Providing and handling affidavits as allowed by law alleging another person was driving the vehicle at the time. 5.20 Providing and posting signage as required under s. 316.0776, Florida Statutes. 1335 8 5.21 Assisting with public announcement campaign as required under s. 316.0776, Florida Statutes. 5.22 A time delay system between when event is witnessed, and when it is processed, in such a way that no event is processed inadvertently due to external factors that may impact zone enforcement (e.g., weather conditions, unexpected school closures) 5.23 Maintenance and technical support of web-based interface to be used by the agency and court in the review and processing of citations/cases. 5.24 Web-based or other system where authorized users of the system can conduct audits of payments received, disbursements and or other information related to the financial aspect of the contract/agreement. 5.25 Yearly reports as described in s. 316.0776, Florida Statutes. 5.26 Business practices related to the processing of automated school zone speed enforcement violations, including but not limited to each of the following areas: 5.26.1 Review process and transmission of violations to the agency. 5.26.2 Mailing of duly authorized Notices of Violation to the registered vehicle owner for payment. 5.26.3 The process for any violator and authorized City employee to access of evidence relating to the violation. 5.26.4 The process for receiving and remitting payments from violators. 5.26.5 The process for challenging violations. 5.26.6 The process of setting Notice of Violation hearings. 5.26.7 The process for setting traffic court hearings for citations. 5.26.8 A description of evidence materials and method provided to hearing officer and/or traffic court. 5.26.9 The generation of Notice of Violation hearing dockets within parameters set by the City. 5.26.10 Process for preparing and sending Uniform Traffic Citations. 5.26.11 Process for handling affidavits setting forth an exception. 5.26.12 Qualification of employees reviewing violations. 5.26.13 Process for unpaid Notices of Violation and Uniform Traffic Citations 5.26.14 How a payment plan could be offered. 5.26.15 Customer service plan. 5.26.16 Initial and continued training for rotating City staff. 5.27 Maintaining all SDS systems and components including but not limited to equipment, infrastructure, signs, and any computer hardware, software, or web applications which may be necessary during the term of contract. Updating equipment and technology during the term of the contract as new technology becomes available. Ensure all hosting platforms are secure and meet all requirements of City’s Cloud Hosting Policy. 1336 9 5.27.1 Ownership, maintenance of camera, video, sensors, computer and all related camera system equipment shall be the responsibility of the Successful Proposer throughout the term of the contract. 5.27.2 Successful Proposer shall guarantee to repair or replace any inoperable equipment within 72 hours of detection by the Successful Proposer or notification by the City. 5.27.3 Describe the proposed standard process for how often the cameras systems will be visited for maintenance and inspection. Explain what occurs during a maintenance and inspection visit. 5.27.4 Successful Proposer must provide ongoing training support for their product as requested by City throughout the term of the contract. Proposer shall provide details and documentation on its recommendations on training method(s) and schedules for initial and on-going training for City personnel as it relates to utilizing the proposed camera system. 5.28 Monitoring cameras to determine outages or mechanical issues. A SDS must have the ability to perform self-tests as to its detection accuracy. The system must perform a self-test at least once every 30 days. Unless otherwise agreed to be completed by Tampa Police Department in writing, the Successful Proposer shall maintain a log of the results of the system’s self-tests and shall also perform an independent calibration test on the speed detection system at least every 12 months. These shall be provided monthly to the Tampa Police Department for use in any hearing as authorized under Florida Statute Section 316.1906. 5.29 A comprehensive training program for City of Tampa personnel involved in the administration and/or operation of the system and its components, including designated personnel. Training for personnel should include at a minimum: -Detection and camera systems familiarization; -System training in a classroom or work environment setting; -Hardware (if applicable) and or software familiarization training; and -Testimony and evidence presentation strategies for presenting School Zone Speed citations at a Notice of Violation hearing or in traffic court. 5.29.1 Successful Proposer shall furnish all training materials when required and include samples of training materials as part of its submittal. 5.30 A system for the Program that requires no dedicated servers or specialized computers owned by the City for deployment of the Program. 5.31 Providing access to the web-based processing/approval software and/or any other related software. 5.32 Business practices, financial processes and timeline for transferring funds. 5.33 Materials for Notice of Violation hearings and court hearings including but not limited to legal proceedings challenging the speed detection system or issuance of a Notice of Violation or citation. 5.34 Expert witness testimony when required in all legal proceedings or City Notice of Violation or City Council hearings in order to explain, defend, or confirm the functionality or accuracy of the system. 5.35 Experience with sealed and certified plans for the placement of infrastructure and equipment in public rights-of-way to required transportation departments for review and approval. 5.36 Verification of the calendar for enforcement times. The service provider shall describe the responsibility for this business process on an ongoing basis after installation. 5.37 Distributing funds collected by the vendor in accordance with chapter 2023-174, Laws of Florida. 1337 10 Automated Speed Detection School Zone Safety Equipment: 5.38 Each speed detection system (SDS) shall be equipped to detect a violating vehicle specifically using LiDAR (Light Detection and Ranging) or radar, activate the camera/video system, and produce color images of the rear of the vehicle. Digital camera/video technology is required. The City requires SDS with both photo and video capabilities. The City prefers LiDAR. 5.38.1 Explain how the vehicle speed is determined and the accuracy of the speed detection. 5.38.2 All SDS component operations must be synchronized to a single, standard, independent, external and verifiable time and date source. 5.38.3 SDS enclosures must be tamper proof and vandal proof. 5.38.4 SDS enclosures must be as small as possible and use as little power as possible. Proposer should specify the number of flash units required by your camera system. State the size of the SDS enclosure and the normal power draw of the SDS system, including the power usage during the flash phase. Floodlights may not be used. 5.38.5 SDS enclosures must be designed in such a fashion that maintenance and other operations can be accomplished easily and quickly without creating a public safety hazard. Explain typical maintenance procedures. 5.38.6 Preference will be given to SDS that requires the least infrastructure at the location. 5.39 Each system must be capable of operating multiple sources of power. Solar should be used as the primary source of power; however, AC may be used if placed in an area with low sunlight. The vendor will determine the best power source for each installation. 5.40 Each system must be capable of clearly photographing and recording the rear of the vehicles so as to clearly identify the rear license plate of the vehicle that is reasonably believed to have violated the speed limit within the designated school zone. 5.41 Each system must be capable of consistently photographing and taking video of license plates regardless of glare or materials used to obscure the license plate from clear view at various viewing angles. 5.42 Each system should be capable of detecting only one traffic lane at once. Describe the system’s ability to accurately capture violations, providing a visual indication on the citation of the area in which the SDS LiDAR or radar contacted the vehicle. 5.43 The vendor must provide details on the technology used to capture speed (LiDAR or Radar) to include any accuracy studies and manufacturing details. 5.54 Vendor must provide a flexible location specific enforcement schedule mechanism, capable of permitting the agency to create custom action-based penalties, document penalties, or monetary penalties. 5.55 Vendor must provide a flexible payment schedule mechanism that allows the agency to tailor the monetary penalties being applied. 5.56 The City of Tampa prefers infrared systems that do not utilize distracting flashing devices (other than those necessary for proper warning) particularly as many potential installations are along two-lane roadways. Please specify the type of lighting required by your system for a standard four-lane roadway. Also describe associated flash characteristics, if any, of your system. 5.57 From point of data capture, all video and camera photos and accompanying video sequences must be capable of secure storage and transmission, and capable of maintaining a secure chain of evidence. Service providers shall briefly describe their approach to maintaining security of evidence. 5.57.1 Explain how the image and violation data is secured and transmitted to the processing center. 1338 11 5.58 Submit example set(s) of violation images and evidentiary photos and videos electronically with their proposal, if applicable under the following conditions: -Daytime – fair conditions AND rain conditions; and -Nighttime – fair conditions, AND rain conditions. Must include a visual indicator proving the vehicle in the image was the one captured by the SDS LiDAR or radar. 5.59 Evidentiary data to indicate school zone flashers were flashing during the time a speeding violation occurred. 5.60 A web-enabled and fully secure Notice of Violation and citation processing system that includes data processing, initial screening of data, prompt delivery of data to police for violation review and citation authorization, Notice of Violation and citation mailing, bad address notification, and maintenance of secure Internet-based violation viewing capability. 5.61 A system for mailing NOV’s and administrative orders by first-class mail, and UTC’s by certified mail, in accordance with Florida Statue section 316.1896 and tracking mail delivery by the U.S. Postal service. 5.62 A system capable of using a two-factor user authentication protocol for any web enabled application. The service provider’s system shall be CJIS compliant. Please describe any other certifications or measures related to computer/system security. 5.63 Obtain registered owner information and keep the access to this information confidential and meet the requirements of federal DPPA and Florida identification protection laws. 5.64 Handle customer inquiries and complaints in English and in Spanish during normal business hours with details of location of any customer service center and operation of business. 5.65 Provide all notices and affidavits in English and Spanish and include all required ADA language for Notice of Violation and traffic court hearings. 5.66 To the extent not covered above, Proposer should ensure it has provided information on how it will comply, and help ensure the City complies, with all of the requirements of chapter 2023-174, Florida Statutes. 5.66.1 Use of camera systems constructed by Chinese manufacturers. Proposer shall comply with all laws which prevent, restrict, or limit use of camera systems constructed by manufacturers. Vendor shall certify whether its SDS, or any component thereof, uses materials imported from China or that are constructed by a Chinese manufacturer or domestic or international manufacturer using materials imported from China. Security Requirements: 5.67 Process for exchange of sensitive data only upon written approval by the City of Tampa. 5.67.1 Successful Proposer must provide image and data security that shall prevent unauthorized persons from accessing the camera images and databases and tampering with images (explain methodology). 5.68 Location that data will physically reside (data sovereignty) (The City of Tampa has specific requirements based on data classification and sensitivity which requires data to reside within the United States or within the State of Florida). 5.69 Ability to accommodate enhanced security requirements, such as dual authentication. 5.70 Process to assign clearance levels to internal or sub-contract positions, for accessing sensitive data. 5.71 Employment and background check processes on employees and subcontractors that will be involved in the direct support or custody of data and processes associated with the proposed solution. 5.73 Ability to conduct testing with test or fictitious data (not LIVE data). 5.74 Continuous detection and elimination of viruses with name of service provider. 1339 12 5.75 Change control processes that document baseline configuration and change control processes over the baseline configuration to ensure only approved and authorized changes are implemented in the system. 5.76 Workforce information security awareness training. 5.77 Backup, redundancy, and disaster recovery protection from risk of fire, utility failure, structural collapse, plumbing leaks or other such man-made or natural disasters. Required Services: All project requirements described under Section I, paragraph 5, shall be met and provided by Successful Proposer. In addition, the Successful Proposer shall provide these required services. 5.78 Performance of Traffic/Location Study and Site Survey. Ability to work with the City to continuously evaluate at the City’s request a school zone’s heightened safety risk in accordance with chapter 2023-174, Laws of Florida, in order to provide quantitative assessments. As part of this process, approved Proposer will develop baseline data for school zone locations by monitoring traffic to quantify the frequency, degree and speed during that period. The sole determination of school zone speed detection system locations remains with authorized personnel for the City and all site locations will require authorization by Ordinance. The approved Proposer shall provide any testing or site survey requested by the City on an ongoing basis during the contract period. The cost for any study, testing or site survey as requested by the City will be included in this cost proposal. Traffic/location studies will be provided in a professional report detailing the data captured and analyzed in order to determine whether there is a heightened safety risk that warrants additional enforcement measures at a school zone to justify a speed detection system. Provide length of time for completion of a generic study. 5.79 Camera Installation. From the school zones selected, the approved Proposer will deploy enforcement equipment that meets or exceeds the minimum standards specified above. Working with the City and Florida Department of Transportation (FDOT), the successful service provider will be responsible for all permit acquisition, site design, construction, installation, monitoring, and maintenance of the equipment. This will require the approved Proposer to submit a set of plans to City to review and to FDOT for the permit application. No work in the field can be performed prior to all applicable local and State permits. If applicable, approved Proposer must coordinate any electrical work or access with Tampa Electric Company (TECO). In the event an installed speed detection system needs to be moved due to roadwork or other reason, the approved proposer will move the camera and reinstall the camera at once the road work or event is completed. Speed detection systems may also be relocated as necessary. Provide length of time for completion of a generic SDS install. 5.80 Public Information and Education. Work in cooperation with the City of Tampa, the Hillsborough County School District, and the Tampa Police Department to produce initial public notice documents/media for the purposes of public education. The City’s goal is to encourage traffic safety and increase public knowledge of school speed zone enforcement systems including increasing awareness of the dangers associated with speed through these areas. Stakeholders included in the public information and education plan and how each is utilized to communicate with communities within the City for press releases, Internet-based advertisements and documents distributed by stakeholders. The public information campaign will be conducted in accordance with section 316.0776, Florida Statutes. Provide length of time for completion of public information and education. 5.81 Service and Maintenance. The servicing and maintenance of the automated school zone speed enforcement equipment will be the exclusive responsibility of the approved Proposer. Initial response to any equipment malfunctions will normally occur within a 24-hour period; repairs will normally be accomplished within a 72-hour period. Additionally, the Service Provider shall address the replacement of equipment that is damaged through an accidental means or intentionally through a criminal act and the time frame required for replacement of an installed system location if one becomes a total loss. Explain how you will ensure that these availability requirements will be achieved. 1340 13 5.82 Violation Screening, Notice of Violations, Affidavits and Citation Development. Work with the Tampa Police Department and designated City Legal Advisor to determine in detail the elements that will constitute evidence of speed violations (establishing Business Rules) in accordance with chapter 2023-174, Florida Statutes, and with the designated City Legal Advisor to determine the contents of the notice and citation that will be mailed to registered vehicle owners along with affidavits as required by law. Proposer shall describe its understanding of citation issuance under City Ordinance as well as relevant state statutes and laws. Specifically, the approved Proposer will work with the designated Legal Advisor to ensure the language of applicable statutes including any resolutions and or ordinances as necessary are prepared and approved and that the system remains in full compliance during the terms of the contract. Approved Proposer must provide violators with a method for viewing where the violation occurred via an interactive map and meet all requirements for SDS reporting. 5.82.1 Successful Proposer must provide the City access to all enforceable images and video produced by cameras for 60 days after the final disposition of the event (they are required to be destroyed within 90 days after the disposition of the event). 5.82.2 Successful Proposer shall provide an evidence package for any contested violations and shall consist of: -All photos and videos of the violation; -Registered vehicle information; -All issued and disputed NOV’s and UTC’s to the party; -A violation history report; -A correspondence file; and -A payment history. 5.82.3 Successful Proposer shall be responsible for the cost associated with the following items: Providing all necessary support for the presentation of violations at hearings to include all relevant photo and video evidence for every hearing held under the Program. Provide expert testimony as needed when determined by the City, concerning all phases of the SDS (including the theory, operation and functional capabilities of the SDS) in support of the prosecution of violations. Upon the request of the City, Proposer’s expert witness shall train City-identified individuals such that the City identified individuals can qualify as expert witnesses as well. 5.82.4 Successful Proposer will keep accurate and current records which are continuously available for use and inspection by the City and which document, at a minimum the following: Current open cases; Present status of all cases; Funds received through the Program; and Payments disbursed on behalf of, or to, the City. Additionally, Successful Proposer shall annually prepare and provide the required operations report due to the State of Florida Department of Highway Safety and Motor Vehicles as provided under Florida Statue section 316.1896(16)(a), or as otherwise required by statute or rule. This report shall be provided to the City for review by September 30th of every year, including the September 30th after the contract expires for the period of time the contract was in place since the previous filing. Successful Proposer shall ensure the report is filed annually by October 1st to the State of Florida Department of Highway Safety and Motor Vehicles as required by law. The report shall be in the form and manner as determined by the State and made available by the State. If required by the State, the Successful Proposer shall submit any required data components to the State on a quarterly basis. Successful Proposer shall ensure the respective data for reporting purposes is maintained for at least two years after such data has been reported to the State. 1341 14 5.82.5 Successful Proposer’s shall provide storage capabilities to store NOV’s and UTC’s identified for prosecution for a period of time not less than five (5) years after final disposition of a case (again photos and videos are required to be destroyed within 90 days from the final disposition) and the termination of the contract. Successful Proposer’s shall comply with any additional requirements of Chapter 119, Florida Statutes relating to public records retention. The City shall be provided access to this stored information upon request. 5.82.6 Violation notices shall comply with all requirements under Florida Statute Section 316.1896, and shall be sent to the registered owner within 30 days after a violation specifying the remedies available under Florida Statute Section 318.14 and that the violator must pay the penalty or furnish an affidavit as supporting an exception as provided under the law. Notices must contain all information required under Florida Statute Section 316.1896(2) and (3). 5.82.7 Process affidavits submitted by owners or co-owners of registered vehicles as authorized under Florida Statue Section 316.1896 to include re-issuing Notices of Violations or UTC’s when an valid Affidavit meets the required standards and identifies the person having care, custody or control of the motor vehicle at the time of the violation. The Successful Proposer shall work with the designated Assistant City Attorney for establishing the process for reviewing Affidavits and reissuance of NOV’s or UTC’s. Proposer shall submit a proposed procedure for this process at the time of the proposal. 5.82.8 A UTC shall comply with all requirements under Florida Statute Section 316.1896, and shall be issued by a Tampa Police Department officer, or TIEO if applicable, and mailed by the Successful Proposer by certified mail to the address of the registered owner of the motor vehicle involved in the violation if payment has not been made within 30 days after notification, if the registered owner has not requested a hearing, and if the registered owner has not submitted an affidavit. In case of joint ownership, the UTC must be mailed to the first name appearing on the motor vehicle registration, unless the first name is a business organization, in which case the second name may be used. The UTC must be accompanied by information required under Florida Statute Section 316.1896(2)(b), (2)(c), and (2)(d), as may be amended. 5.82.9 Successful Proposer’s violation processing system shall allow the City a detailed view into all of the information related to the Program. The City will provide authorization of NOV by electronic signature for those events that meet specified criteria. 5.82.10 All access to the violation processing system for the purpose of pre-processing evidence, Tampa Police Department (TPD) authorization, NOV/UTC printing, payments tracking, and generation of court evidence packages shall be Internet enabled and shall be available 24/7 for authorized users. 5.82.11 Upon verification by TPD of an apparent violation, Successful Proposer shall, within 30 days of the violation, provide by first class mail a notification of the violation to the registered owner of the violating vehicle. This notification of violation shall be prepared in conformance with Florida Statute section 316.1896(2) requirements and approved by the City. Proposer shall include sample notice of violation as part of proposal which establishes it meets the statutory requirements and includes at a minimum: -The vehicle involved in the violation; -The registered owner of the vehicle; -The remedies available to address the violation; -Payment options; -The amount of potential penalties and issuance of a UTC; -A photograph or other recorded image showing the license plate of the motor vehicle; -The date, time, and location of the violation; -The maximum speed at which the motor vehicle was traveling within the school zone; -The Speed limit within the school zone at the time of the violation; - Notice of the right to review the photograph or video captured and evidence of the speed and instructions on how to do view the evidence. 1342 15 5.82.12 Before or upon mailing of notification of a violation, Successful Proposer shall also post video evidence of the violation on the designated website to allow review by the registered owner of violating vehicle. The initial notification letter shall include all information required by registered owner to log on to this website. 5.82.13 Mailed violations shall also include a provision of a toll-free telephone hotline that will be staffed from 8:00am to 5:00pm, Monday through Friday EST of each week excluding City of Tampa observed holidays. During other times, the hotline will permit callers to obtain information and/or leave a voice message. All letters that accompany notice of violations shall include the corresponding toll-free number. 5.82.14 A Customer hotline telephone service shall provide response in multiple languages (at a minimum English and Spanish). Proposer shall provide details related to their resources and experience in providing customer service in multiple languages. 5.82.15 After 60 days have elapsed from the date of mailing the NOV to the registered owner of the violating vehicle, unless the violation has been resolved (payment or hearing requested) as provided in Florida Statute section 316.1896(3), Successful Proposer will provide to the City in a mutually acceptable electronic form, notice of issuance of a Florida Uniform Traffic Citation (UTC) subject to the review and approval of the City. If a TPD officer, or TIEO if applicable, approves and authorizes the issuance of the UTC, Successful Proposer will prepare the final UTC for mailing. A sample UTC should be provided and should include all applicable requirements for notice, payment, and challenging. 5.82.16 The UTC shall be prepared and sent to the appropriate violator or registered owner via certified mail by the Successful Proposer at least 60 but not more than 74 days after the violation. 5.82.17 Successful Proposer shall describe and recommend the hardware and software required to run the administrative components of the processing and viewing system. Any software or hardware required to view or operate the processing system should be included in the cost proposal. The violation processing system shall provide the following functions at a minimum: -Web-enabled access and operation from Microsoft Internet Explorer and/or Google Chrome browsers; -Web-based access to statistical information related to the violations at all speed camera locations individually and overall; -Ability to provide for an online case management system; -Secure user log-in and access; -Automatic presentation of images and data captured by the camera system onto review PC’s; -Easy review of violation evidence against regulations; -Ability to both “play” full motion video and view multiple scene and plate images; -Ability to view each image as a full screen enlargement with a single click; -Ability to view all original images; -Ability to “crop” a license plate image area from the optimal license plate image in the multiple-image license plate set to establish vehicle ID, and subsequently print the cropped plate area image to the notice; -Ability to “accept” or “reject” violation sets and record rejection reasons; -Ability to generate printed warning letters (during the first 30 days of the Program at the City’s discretion); -Ability to automatically generate printed violation notices; -Ability to track and notify the City of multiple violations for license plate number; -Ability to store and archive all processed violation evidence into a secured database; -24/7 ability to access any stored violation image from the system’s database subject to agreed archive rules; -24/7 ability to request and immediately view Court Evidence Package image sequences displayed as video or as individual high resolution still shots, or send images to print locally; -24/7 ability to immediately request, view and print both standard and user-defined reports; -Secured Access Control and automatically generated Electronic Audit Trails; -Encryption and decryption management; and -Ability to ensure scheduling of NOV hearing so that hearing occurs within 180 days of the date of the violation. 1343 16 5.83 Citation Processing and Payment. Notice of Violation and citation processing in compliance with chapter 2023- 174, Florida Statutes. The approved Proposer must be an NLETS Strategic partner and house all CJIS/NLETS processing inside the continental United States at a CJIS compliant facility. All employees with access to citations and citation processing will meet all CJIS requirements. All payments must be handled by the successful service provider and use an internal audit trail and be verifiable by external audit. Lock-box payment service will not be permitted. 5.83.1 Successful Proposer shall receive violation payments in response to the statutory notification, document the receipt of payment in electronic format and account for all funds received as provided herein and by Statute. Successful Proposer will continuously and openly account for all funds received in connection with the Program using generally accepted accounting principles. Successful Proposer shall make timely disbursements to the State as required by Florida Statute sections 316.1896(5) and 318.18 and concurrent disbursements to the City of the City’s portion of the revenues collected pursuant to the statute. Successful Proposer’s costs and expenses will be deducted from the City’s portion of revenues collected. Successful Proposer shall demonstrate the ability to handle all violation payments electronically paid on-line or mailed to Successful Proposer owned lockbox including the daily depositing and reconciliation of all receipts. Successful Proposal shall provide a breakdown of the fine amounts collected and distributed, and where the fines will be remitted for NOV’s and UTC’s in compliance with Florida Statute section 316.1986. 5.83.2 Due to the expected high volume of mail that is received, control and accuracy are essential factors in the operation. The services provided shall be integrated with numerous levels of control, audit and redundancy to ensure the accurate and timely receipt, processing and update of mail-in payments. 5.83.3 Describe procedures for processing payments to include, but not limited to: -Method for receipt of payments; -Ability to apply payments by source (cash, check, money order or credit card); -Ability to handle electronic reimbursement and automated check handling (ACH); -Verification of check amounts; -Batch reconciliation and file update; -Bonded courier service to financial institution; -Accept and process partial payments, allowing the citizen to pay the fine/hearing cost over a period of time not exceeding three months without administration by the City; and -Processing exception payments. 5.83.4 Successful Proposer shall deposit into the City’s designated bank account, once each 48 hours during normal banking days, an amount equal to the net receipts of the current day’s revenue received. Payments deposited shall be applied to the vendor’s database every day and available for online review within 48 hours of deposit/update. 5.83.5 Successful Proposer shall describe payment reconciliation methodology, detailing the advantages of proposed solution. 5.83.6 Successful Proposer shall provide procedures for handling payments received that require additional investigation and research. These procedures should include, but not be limited to: -Overpayments; -Unapplied payments; and -Returned checks. 5.83.7 Successful Proposer shall provide citizens with the option of making payment via the internet. Describe proposed pay-by-web solution and provide an example of an agency or jurisdiction utilizing similar pay-by-web systems. 1344 17 5.84 Statistical Reporting. In addition to SDS required reports and logs, in support of the City’s project evaluation activities, the Successful Proposer will provide monthly and semi-annual summary program metrics to the City of Tampa Police Department that will include, at a minimum, the following (Web-based reporting systems are required) (provide samples): -Number of events recorded, by intersection approach and in total; -Number of events not billable/rejected, including a breakout of controllable and not-controllable events lost, by location and in total, along with reason for non-billable/rejected events; -Number of events forwarded to City of Tampa Police Department; -Number of citations authorized and mailed, by month of issuance; and -Number of citations returned as undeliverable. 5.85 SDS Analysis and Reporting (provide samples). SDS must be capable of providing statistical analysis of camera location and operations and Proposer should provide samples of reports. 5.85.1 SDS shall be capable of providing reports which show, at a minimum: -Hours of use per camera by operational site; -Results achieved by each camera by site; -Violations recorded by site; and -Violations by speed, date and hour. 5.85.2 SDS shall be capable of immediately generating operations reports 24/7 including: -Number of violations recorded; -Count of violations where notices not prepared; -Notices prepared and mailed by First Class mail; and -Status of notices issued (outstanding, canceled, reissued and so forth). 5.85.3 Camera system shall also supply the following reports: -Camera equipment hours of service and hours lost; -Number and description of camera or other equipment malfunctions; and -Time spent by each TPD user logged into the violation processing system and the number of violations processed by each user. 5.85.4 Camera system shall be capable of providing violation and traffic statistics as follows: -Real-time traffic volume and vehicle counts, and -Real-time violation graphs and chart by time of day and day of week 5.86 Hearing Support and Customer Service. Successful Proposer shall work with the Tampa Police Department in developing hearing schedules and sending all notices for hearing dates and rescheduled hearings as may be needed. The Successful Proposer shall handle all customer service calls and request for rescheduling hearings unless otherwise agreed to by the Tampa Police Department. 5.87 Payment Plan. Successful Proposer shall offer a payment plan option to be handled by the Successful Proposer and all proposals shall provide details of the payment plan. 1345 18 Fee Schedule: 5.91 The total cost of the proposed services. Identify the costs to perform the services using the following format: 5.91.1 Identify a payment or cost or revenue share schedule. Payment will be made only as segments of the project are delivered and accepted by the City. 5.91.2 Explain and provide details of any conditions that might increase or reduce the cost of the proposed services. 5.91.3 The costs of these services. Costs shall include all items, including but not limited to, professional time, travel, data processing, forms, printing, or any other expenses included in the proposed cost. 5.91.4 Final negotiated prices submitted shall be valid for a period of at least 120 calendar days from the original due date of this RFP until such time a contract is signed, unless extended in writing. 5.91.5 Pricing shall be firm for the initial term of the contract. Additional information related to compensation for future contract periods is included in the General Conditions. 5.91.6 The City will only accept proposals that guarantee cost neutrality to the City (i.e. City’s portion of the revenue collected will at least match Successful Proposer’s cost and expenses for providing the system). Should the amount of the City’s portion of the revenue collected fall short of Successful Proposer’s cost and expenses, the Successful Proposer will absorb the difference in cost. The City will not pay any additional fees not covered by City’s portion of revenues received. 5.91.7 The City will not pay any upfront costs for the installation of this SDS and related equipment. 5.91.8 Proposer should assume a minimum of SDS will be installed as authorized by City Ordinance; however, the City has sole discretion to make changes to the number and/or location of all SDS locations. 1346 19 Pricing Proposal: ITEM DESCRIPTION Pricing Proposal A. Automated School Zone Safety Speed Enforcement System(s): Total cost for the system(s) including all site selection testing/traffic studies, equipment, installation, maintenance and support, public information & education programs, training, system upgrades and enhancements, and support upgrades for future installations, per specifications. $ Fee per location B. Relocation or Removal/Reinstallation of Systems: Cost (if any) during a contract period for system(s) relocation or removal/reinstallation at the request of the agency. $ Additional Pricing Fee per location C. Additional stand-alone ALPR Installation: Total cost for the lease of additional ALPR camera system(s) including all equipment, installation, maintenance, integration/data push, and system upgrades and support upgrades for future installations based on a per location basis. $ D. Performance of traffic/location study and site survey at request of the City for additional camera location consideration (5.78). $ E. Provide descriptions and unit prices below for any additional services that have not been listed above. If needed, additional pricing sheets may be attached to this Pricing Proposal explaining such costs. 1347 20 6. CITY’S ROLE AND RESPONSIBILITIES The City through the Tampa Police Department shall review violations provided through an electronic system provided by the Successful Proposer which allow officers, or TIEO’s if applicable, to make the determination as to whether a violation exist and if a Notice of Violation and, when applicable, a UTC will be issued as provided herein and in accordance with Florida Statute. The City shall provide a Clerk and a local hearing magistrate to conduct hearings on Notice of Violations. UTC’s will be handled through the Clerk of the Court and heard in traffic division in the Thirteenth Judicial Circuit County Court. The City Mobility Department will work with vendor as required for the placement of school speed zone enforcement cameras and TPD will work with the Successful Proposer on the review of the violations to determine whether a violation exists and will provide officer, or TIEO if applicable, hearing testimony. The City will provide a location for NOV hearings and a magistrate for conducting the hearings. 7. PROPOSER SUBMITTALS The following must be submitted in the proposal: 7.1 Contract Termination for Default. Has the Proposer’s company had a contract terminated for default in the last five years? Termination for default is defined as notice to stop performance which was delivered to the Proposer due to the Proposer's non-performance or poor performance and the issue of performance was either not litigated due to inaction on the part of the Proposer; or litigated and determined that the Proposer was in default. If the company has had a contract terminated for default in this period, submit full details including the other party's name, address, and the phone number. Present the company’s position on the matter. City Representative will evaluate the facts and may, at its sole discretion, reject the RFP on the grounds of its past experience. 7.2 Contract Litigation/Legal Proceedings. The Proposer shall identify any pending lawsuits, past litigation relevant to subject matter of this RFP, providing a statement of any litigation or pending lawsuits that have been filed against the Company in the last five years. If an action has been filed, state and describe the litigation or lawsuit filed, and identify the court or agency before which the action was instituted, the applicable case or file number, and the status or disposition for such reported action. If no litigation or lawsuit has been filed against the company, provide a statement to that effect. 8. QUALIFICATIONS 8.1 Proposer must provide references from one or more operational cities, counties, states or provinces of similar size to the City in order to document successful deployment of vendor’s proposed school speed zone detection technology and system solution. The references must be operating an outsourced program using the same equipment and technology proposed herein. The list for each reference shall include: -Agency/Jurisdiction Name and Address; -Contracting Officer and Contact Information (Telephone Number and E-mail Address); -Technical Representative and Contact Information (Telephone Number and E-mail Address); and -Written description of the specific services provided By submitting a proposal, the Proposer authorizes the City to conduct reference investigations as needed. 8.2 The City requires the Proposer to be a National Law Enforcement Telecommunications System (NLETS) Strategic Partner. This is very beneficial for obtaining out of state registration information. Proposer shall include in its proposal a statement indicating it is a NLETS Strategic Partner, and if so provide date of certification and copy of certificate(s). 8.3 Proposer shall state its experience in working with other Florida Jurisdictions under the current State of Florida statutes (Chapter 2023-174, Laws of Florida). 1348 21 8.4 Project Staff Qualifications. Proposer shall include the name, title, address, and telephone numbers of employees and/or subcontractors who will both manage and be assigned to perform services under the proposal. In addition, a signed resume not exceeding two pages, including references, detailing educational qualifications and previous work assignments related to this RFP for each project management team member who will be assigned to perform work under this contract. 8.5 Financial Overview. Proposer shall provide a general description of the firm’s financial condition and identify any conditions (i.e. bankruptcy, pending and/or existing litigation, planned office closures, impending merger/acquisition) that may impede the Proposer’s ability to complete the project. 8.6 Current/Past Legal System Proceedings. Proposer shall identify (including venue and case number) and describe all litigation, pending or closed, in which Proposer is or has been a named party and all notices of intent to sue filed by the Proposer in the last five years involving a local government and a red light camera system. Proposer shall also identify and describe all litigation, pending or closed, in the last five years in which Proposer is alleged to have engaged in fraud. 9. MANAGEMENT If, during the course of the project, the Successful Proposer makes personnel changes, the City has the right of review, acceptance, and/or reject proposed substitute(s). The City will make available the City’s management team for interview and consultation during plan(s) development and for review of the draft and final plans. 10. IMPLEMENTATION 10.1 The Successful Proposer shall work with the City to initially install a SDS at all identified locations as authorized by Ordinance. The following implementation schedule is provided: EVENT DATE COMPLETED (whatever is later) Permits, installation and testing of all SDS and operations 07/15/24 or 90 days after contract Signage Prior to implementation as requested by the City Public announcement and awareness campaign 30 days prior to implementation Implementation 08/12/24 or 15 days after testing completed Training 08/01/24 or 1 week prior to implementation 10.2 For each of the implementation requirements above, Proposer shall provide a description of the extent of the City staff’s involvement in the project and provide a requirements list for the City as part of its proposal. 10.3 Successful Proposer shall support the City by training staff on how to present the Program at public seminars or presentations. When requested by the City, the Successful Proposer will provide staff for public forums/seminars. 11. COORDINATION WITH THE CITY 11.1 The Successful Proposer shall identify their Project Manager who shall work in close coordination with the City. The City’s Project Manager shall be the City’s point of contact. The City shall approve any changes to the Successful Proposer’s Project Manager or personnel assigned to the project. 11.2 During the term of the contract, the Successful Proposer’s Project Manager shall meet on-site with the City’s Project Manager and/or other designated City officials as necessary, for the purpose of discussing and coordinating work to be performed, or performance of work. 11.3 Successful Proposer shall present the skills and qualifications of the Successful Proposer’s Project Manager candidate and the team surrounding that candidate. The City shall have the right to interview the Successful Proposer’s Project Manager candidate prior to awarding the contract and will have the right to require that the Successful Proposer’s Project Manager and team members be replaced throughout the term of the contract. 1349 22 11.4 Proposer shall provide a project timeline/schedule indicating when the proposed program will be fully operational for the City, no later than August 12, 2024, barring circumstances beyond the control of the Successful Proposer or written agreement with the Director of Mobility Department for additional time for implementation. End of Section I 1350 23 SECTION II. GENERAL CONDITIONS 12. GENERAL INFORMATION 12.1 Proposal Due Date. Sealed proposals will be received no later than the date and time indicated on page one of this document. Proposals will not be accepted after this time. All proposals shall be submitted thru the GETALL system (electronically). File name should not have special characters. Proposer must wait for confirmation of successful upload. City of Tampa Requests for Proposals are issued electronically via GetAll’s system. Obtaining proposals through GetAll will ensure that proposer will have the following capabilities: receipt of proposal documents electronically, track the status of award activity, receive addenda, receive the results of awards and view plans and blueprints online electronically. Proposers who obtain specifications and plans from sources other than GetAll are cautioned that the proposal packages may be incomplete. The City will not accept incomplete proposals. Contact GetAll at support@getall.com for more information. The City is not responsible for errors and omissions occurring in the transmission or downloading of any solicitation documents, plans, or specifications from the GetAll system. GetAll has no affiliation with the City of Tampa other than as a service that facilitates communication and proposal submittals between the City and its vendors. GetAll is an independent entity and is not an agent or representative of the City. Communications to GetAll does not constitute communications to the City. Contact GetAll at support@getall.com for more information. 12.2 Addendum and Amendment to RFP. If it becomes necessary to revise or amend any part of this RFP, GetAll will provide notification of the Addendum to all prospective Proposers who received an original RFP notification making them a plan-holder. Addenda will be posted and disseminated by GetAll at least five days prior to the RFP opening date. It will be the responsibility of the Proposer to review GetAll prior to submitting a proposal to ascertain if any addenda has been issued, to obtain all such addenda, and to return the executed addenda with the proposal. 12.3 Errors and Omissions. Proposers discovering any ambiguity, conflict, discrepancy, omission, or other errors in this RFP, shall immediately notify the City of such error via email within Get All’s system and request modification or clarification of the RFP. Modifications will be made by issuing an addendum and will be given by written notice to all prospective Proposers who queried the solicitation in Get All’s system. Addenda will be posted and disseminated by GetAll at least five days prior to the RFP opening date. The Proposer is responsible for clarifying any ambiguity, conflict, discrepancy, omission, or other error in this RFP prior to submitting the proposal or it shall be deemed waived. 12.4 Florida Public Records Law. In accordance with Chapter 119 of the Florida Statutes, and, except as may be provided by Chapter 119 of the Florida Statutes and other applicable State and Federal Laws, all Proposers should be aware that the Proposal and the responses thereto are in the public domain and are available for public inspection and copying. Using Attachment B – Public Records Declaration or Claim of Exemption, Proposer is required to acknowledge whether or not they are asserting that certain information in its proposal is confidential and/or proprietary and/or exempt from public disclosure. If the Proposer is asserting that certain information in its Proposal is confidential and/or proprietary and/or exempt from public disclosure, then the Proposer is required to do the following: (1) identify, with specificity, the information which the Proposer asserts is confidential and/or proprietary and/or exempt from public disclosure, (2) place such information in a separate file labeled “REDACTED, EXEMPT FROM PUBLIC DISCLOSURE” this uploaded document must be separate from the Proposer's other Proposal documents, (3) specifically cite the applicable Florida Statute(s) that exempts such information from public disclosure - such citation must be placed within the redacted file. The “REDACTED” file that contains the Proposer's confidential/proprietary/exempt information must be submitted with the Proposer's other Proposal documents. Proposer is advised that failure to follow the aforementioned instructions may result in Proposer's alleged confidential/proprietary/exempt information being disclosed to the public. This will be the Proposer’s “REDACTED” copy. All submittals received in response to this Proposal will become the property of the City of Tampa and will not be returned. In the event of an award, all documentation produced as part of the contract will become the exclusive property of the City. * All uploaded documents may not have special characters in the file name, #, *,@, etc. Be aware that the designation of an item as exempt from public disclosure by a Proposer may be challenged in court by any person or entity. By designation of material in your Proposal submittal as exempt from public disclosure, Proposer agrees to defend the City of Tampa (and its employees, agents and elected and appointed officials) against all claims and actions 1351 24 (whether or not a lawsuit is commenced) related to Proposer’s designation of material as exempt from public disclosure and to hold harmless the City of Tampa (and its employees, agents and elected and appointed officials) for any award to a plaintiff for damages, costs and attorneys’ fees, and for costs and attorneys’ fees incurred by the City by reason of any claim or action related to your designation of material as exempt from public disclosure. *Note: The City will not accept Proposal submittals when the entire submittal is labeled as exempt from public disclosure and the proposal will be deemed non-responsive. Proposer’s References and Cost or Price information will be deemed a public record, and if a claim of confidentiality/proprietary information is made, the City may deem the Proposal submittal as “non-responsive”. 12.4.1 In accordance with Section 119.071(1)(b)2, Florida Statutes, sealed bids, proposals, or replies received by the City of Tampa pursuant to a competitive solicitation are exempt from section 119.07(1), Florida Statutes and section 24(a), Art. I of the State Constitution until such time as the City of Tampa provides notice of an intended decision or until 30 days after opening the bids, proposals, or final replies, whichever is earlier. 12.4.2 In accordance with Section 119.071(1)(b)3, Florida Statutes, if the City of Tampa rejects all bids, proposals, or replies submitted in response to a competitive solicitation and the City of Tampa concurrently provides notice of its intent to reissue the competitive solicitation, the rejected bids, proposals, or replies remain exempt from section 119.07(1), Florida Statutes and section 24(a), Art. I of the State Constitution until such time as the City of Tampa provides notice of an intended decision concerning the reissued competitive solicitation or until the City of Tampa withdraws the reissued competitive solicitation. A bid, proposal, or reply is not exempt for longer than 12 months after the initial City of Tampa notice rejecting all bids, proposals, or replies. 12.4.3 The City of Tampa is a public agency subject to Chapter 119, Florida Statutes. In accordance with Florida Statutes, 119.0701, Successful Proposer agrees to comply with Florida’s Public Records Law, including the following: 1. Successful Proposer shall keep and maintain public records required by the City to perform the services; 2. Upon request from the City, Successful Proposer shall provide the City with copies of the requested records, having redacted records in total or in part that are exempt from disclosure by law or allow the records to be inspected or copied within a reasonable time (with provision of a copy of such records to the City) on the same terms and conditions that the City would provide the records and at a cost that does not exceed that provided in Chapter 119, Florida Statutes, or as otherwise provided by law; 3. Ensure that public records, in part or in total that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law for the duration of the contract term and following completion (or early termination) of the contract if the Contractor does not transfer the records to the City; 4. Upon completion (or earlier termination) of the award, Successful Proposer shall within 30 days after such event either transfer to the City, at no cost, all public records in possession of the Successful Proposer or keep and maintain the public records in compliance with Chapter 119, Florida Statutes. If Successful Proposer transfers all public records to the City upon completion (or earlier termination) of the award, Successful Proposer shall destroy any duplicate records that are exempt or confidential and exempt from public records disclosure requirements. If Successful Proposer keeps and maintains public records upon completion (or earlier termination) of the award, Successful Proposer shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the agency. 1352 25 5. The failure of Successful Proposer to comply with Chapter 119, Florida Statutes, and/or the provisions set forth above shall be grounds for immediate unilateral termination of the contract by the City; the City shall also have the option to withhold compensation due Successful Proposer until records are received as provided herein. 6. IF THE SUCCESSFUL PROPOSER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES TO THE SUCCESSFUL PROPOSER’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AWARD, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 813/274-8351, COTPurchasingPRR@tampagov.net, AND MAILING ADDRESS OF PURCHASING DEPARTMENT, TAMPA MUNICIPAL OFFICE BUILDING, 2ND FLOOR, 306 E. JACKSON STREET, TAMPA, FL 33602. Note: Acknowledgement of the Florida Public Records Law must be submitted with the proposal, under Section II. General Conditions, Section 14. Content of Proposal, Tab 2. 12.5 City of Tampa Ethics Code. The Proposer shall comply with all applicable governmental and city rules and regulations including the City's Ethics Code which is available on the City's Website. (City of Tampa Code, Chapter 2, Article VIII. - Section 2-522) Moreover, each Proposer responding to this Request for Proposal acknowledges and understands that the City's Charter and Ethics Code prohibit any City employee from receiving any substantial benefit or profit out of any contract or obligation entered into with the City, or from having any direct or indirect financial interest in effecting any such contract or obligation. The Successful Proposer shall ensure that no City employee receives any such benefit or interest as a result of the award of this Request for Proposal. (City of Tampa Code, Chapter 2, Article VIII. - Section 2-514(d)) Please note that the City's Ethics Code may be accessed on the Internet by utilizing the website link http://www.tampagov.net/human-resources/info/lobbyist-information or can be found in the City of Tampa’s municipal codes published online by the Municipal Code Corporation at the website link https://www.municode.com/library/fl/tampa/codes/code_of_ordinances. Printed copies of the Ethics Code can also be obtained from the City Clerk's Office for a fee of $0.15 cents a page. 12.6 Warranties and Guarantee. The City of Tampa will not accept any disclaimer of the warranties of merchantability and fitness for a particular purpose for the products offered. Proposals will clearly state any additional warranties and guarantees against defective materials and workmanship. A copy of the complete manufacturer's warranty statement is to be submitted with the proposal. The material(s) supplied shall be guaranteed to be free from defect of composition, conception, and workmanship for a minimum period one-year from the date of installation and final acceptance by the City. Any parts or portions found not in accordance with this RFP will be rejected by the City and returned to the Successful Proposer at the Successful Proposer’s expense for immediate replacement. 12.7 Copyrights and Patent Rights. Proposer warrants that there has been no violation of copyrights, patent or other intellectual or proprietary rights in manufacturing, producing and/or selling the item(s) ordered or shipped as a result of this Proposal, and Successful Proposer agrees to indemnify, defend and hold the City harmless from any and all liability, loss or expense by any such violation including litigation costs and attorneys' fees through the appellate process, and damages which may be incurred by reason of any infringement at any time during the prosecution or after the completion of work. 12.8 Procurement Protest Procedures. A protest must be filed with the Director of the soliciting Department within five (5) business days of posting the City’s intent to award and may be filed by an actual Proposer, who is allegedly aggrieved in connection with the issuance of a proposal solicitation or pending award of any contract in any competitive process utilized by the City of Tampa for procurements of supplies, materials or services and construction of public improvements and has standing to protest under Florida Law. Any protest must be filed in accordance with the City of Tampa Code, Chapter 2, Article V, Division 3, Purchases and Contracts, Section 2-282, Procurement Protest Procedures. Protests not complying with the provisions of this Section shall not be reviewed. 1353 26 All dates and times specified in the Protest Procedures in Section 2-282 are calculated as city business days. A City business day shall mean 8:00 am to 5:00 pm Monday through Friday, with the exception of city holidays. In all instances any document required to be transmitted by a certain date must be received in the required office by 4:30 pm. An envelope which is postmarked by the required date is not sufficient. Transmittal by fax, email or other electronic means may be accepted. However, it shall be the responsibility of the party transmitting the document(s) to ensure that the document(s) were received, and the transmitting party shall bear any risk of interruption or failure in the electronic transmission. 12.9 WMBE Participation. The City of Tampa EBO office administers the Women/Minority Business Enterprise (WMBE) Program to promote the inclusion of WMBE Companies in procurement solicitations and contract awards. The City actively solicits participation in this project by City Certified WMBE Companies deemed underutilized. To obtain a list of the City’s Certified WMBE Companies, visit the Equal Business Opportunity (EBO) Office website at http://www.tampagov.net/ebo. Under Programs and Services select WMBE and SLBE Directories. These directories include WMBE Certified Companies which are listed by Type of Services and by Company Names. NOTE: In accordance with the Equal Business Opportunity Ordinance 26.5, The City of Tampa’s WMBE policies are narrowly tailored to identify underutilized WMBEs by Industry Category. Proposers who are certified within the underutilized category for the work/scope detailed herein or subcontract with firms that are certified within the underutilized category will be eligible for weighted points in the selection process. Refer to MBD Form 70 to identify underutilized WMBEs by Industry Category and MBD Form 71 for the WMBE Participation scoring criteria for this RFP. For this RFP the underutilized WMBE Industry Category is “Non-Professional Services”. 12.10 SLBE Participation. In an effort to promote increased opportunities for Small Local Business Enterprises (SLBEs), the City actively solicits the participation of certified SLBE firms in the performance of contracts. To obtain a list of the City’s Certified SLBE Companies, visit the Equal Business Opportunity (EBO) Office website at http://www.tampagov.net/ebo. Under programs and Services select WMBE and SLBE Directories. These directories include SLBE Certified Companies which are listed by Type of Services and by Company Names. NOTE: In accordance with the Equal Business Opportunity Ordinance Chapter 26.5, SLBE vendors are eligible for weighted points in the selection process. Refer to MBD Form 71 for the SLBE participation scoring criteria for this RFP. For additional information visit the Equal Business Opportunity Office website at www.tampagov.net/ebo 12.11 Incurred Expenses. The City is not responsible for any expenses which Proposers may incur in the preparation and submittal of proposals requested by this RFP, including but not limited to, costs associated with travel, accommodations, interviews, or presentations of proposals. 12.12 Proposals Binding. All proposals submitted shall be binding for 180 calendar days following the opening. 12.13 Non-Discrimination in Contracting and Employment. The following provisions are hereby incorporated into any contract executed by or on behalf of the City of Tampa (City). The Successful Proposer shall comply with the following Statement of Assurance: During the performance of this Contract, the Successful Proposer herein assures the City, that said Successful Proposer is in compliance with Title VII of the 1964 Civil Rights Act, as amended, the Florida Civil Rights Act of 1992, and the City of Tampa Code of Ordinances, Chapter 12, in that the Successful Proposer does not on the grounds of race, color, national origin, religion, sex, sexual orientation, gender identity or expression, age, disability, familial status, or marital status, discriminate in any form or manner against said Successful Proposer’s employees or applicants for employment. 1354 27 The Successful Proposer understands and agrees that this Contract is conditioned upon the veracity of this Statement of Assurance, and that violation of this condition shall be considered a material breach of this Contract. Furthermore, the Successful Proposer herein assures the City that said Successful Proposer will comply with Title VI of the Civil Rights Act of 1964 when federal grant(s) are involved. This Statement of Assurance shall be interpreted to include Vietnam-Era Veterans and Disabled Veterans within its protective range of applicability. The Successful Proposer further acknowledges and agrees to provide the City with all information and documentation that may be requested by the City from time to time regarding the solicitation, selection, treatment and payment of subcontractors, suppliers, and vendors in connection with this Contract. The Successful Proposer further acknowledges that it must comply with City of Tampa Code of Ordinances, Chapter 26.5. 12.14 Proposer’s Criminal History Screening Practices. Per City of Tampa Code of Ordinances, Section 2- 284, Proposer is requested to provide information as to whether Proposer has criminal history screenings similar in nature to the practices contained in Chapter 12, Article VI, City of Tampa Code of Ordinances. For Procurement of $100,000 or more, If the Proposer voluntarily agrees to comply with the City’s criminal screening practices as provided in Chapter 12, Article IV of the City Code, Proposer will be awarded an additional 5-points as part of the evaluation of its proposal if Proposer submits notarized documentation with its proposal, and an assurance of compliance with Section 2-284 if awarded the contract (“Ban the Box Requirements”). The City of Tampa’s municipal codes are published online by the Municipal Code Corporation at the website link https://library.municode.com/fl/tampa/ordinances/code_of_ordinances?nodeId=1171018 12.15 Equal Opportunity. The City of Tampa hereby notifies all Proposers that all eligible businesses, including Small Local Business Enterprises (SLBEs) and Women/Minority Business Enterprises (WMBEs) will be afforded a full opportunity to participate in any Contract made by the City of Tampa pursuant to this present proposal matter and will not be subjected to discrimination on the basis of race, color, national origin, religion, sex, sexual orientation, gender identity or expression, age, disability, familial status, or marital status. The City of Tampa prohibits any person involved in City of Tampa contracting and procurement activities, to discriminate on the basis of race, color, national origin, religion, sex, sexual orientation, gender identity or expression, age, disability, familial status, or marital status. 12.16 Governing Law/Venue. The laws of the State of Florida (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to this Agreement, including, without limitation, its interpretation, construction, performance, and enforcement. The parties hereto submit to the exclusive jurisdiction and venue of the state and federal courts located in Hillsborough County, Florida. 12.17 Compliance with Laws. The Successful Proposer shall comply with all applicable laws, ordinances, and codes of the Federal Government, State of Florida, Hillsborough County, and the City of Tampa. It shall be the responsibility of the Successful Proposer to be knowledgeable of all federal, state, county and local laws, ordinances, rules, and regulations that in any manner affect the items covered herein which may apply. Failure to comply with all applicable laws, ordinances and codes may lead to termination of the contract. 12.18 Force Majeure. If a Force Majeure Event occurs, the party that is prevented by that Force Majeure Event from performing any one or more obligations under this contract (the “Nonperforming Party”) will be excused from performing those obligations, on condition that it complies with its obligations herein. “Force Majeure Event” means, with respect to the Nonperforming Party, any event or circumstance, regardless of whether it was foreseeable, which was not caused by the Nonperforming Party, which prevents the Nonperforming Party from complying with any of its obligations under this contract, on condition that the Nonperforming Party uses reasonable efforts to comply with its obligations, except that a Force Majeure Event will not include any strike or other labor unrest that affects only one party, economic hardship of a party, an increase in prices, changes in market conditions, or a change of law. Upon the occurrence of the Force Majeure Event, the Nonperforming Party shall notify the other party in writing within ten (10) days of the occurrence of that the Force Majeure Event, its effect on performance, and how long that party expects the Force Majeure Event to last. Thereafter the Nonperforming Party shall update the other party as reasonably necessary. During a Force Majeure Event, the Nonperforming Party shall use reasonable efforts to limit damages to the other party and to resume its performance under this contract. The other party has the right to terminate the contract if the Non-Performing Party’s Force Majeure Event continues for more than a reasonable time. 1355 28 12.19 Survival. Provisions in regard to licensing, indemnification, governing law venue and confidentiality shall survive termination of contract. 12.20 Conflict of Interest. The City requires that the Successful Proposer provide professional, objective, and impartial advice and at all times hold the City’s interest’s paramount, strictly avoid conflicts with other assignments or their own corporate interests and act without any consideration for future work. The Successful Proposer has an obligation to disclose any situation of actual or potential conflict that impacts their capacity to serve the best interest of the City, or that may reasonably be perceived as having this effect. If the City, in its sole discretion, determines that a conflict of interest exists, such Successful Proposer shall not be considered for award of this Contract. Failure to disclose said situations may lead to the disqualification of the Successful Proposer or the termination of its Contract. Any such interests on the part of the Successful Proposer or their employees, must be disclosed in writing to the City on ATTACHMENT C - CONFLICT OF INTEREST DISCLOSURE FORM that is included with this solicitation document and should be included under Section 14. Content of Proposals, Tab 3. Also, the Successful Proposer is aware of the conflict- of-interest laws of the State of Florida and the City of Tampa and agrees that they shall fully comply in all respects with the terms of said laws. 12.21 Audit Rights. Successful Proposer agrees that the City or its authorized representative shall have access to, and the right to audit, examine, or reproduce, the financial books and records of Successful Proposer related to Successful Proposer’s performance under the contract. Successful Proposer shall retain all such records for a minimum period of six (6) years from the date of termination of the contract, including any renewal or extension hereof, or for such longer period of time as required by federal or state law, and shall be extended until the completion of any audit in progress. Successful Proposer must keep all financial records in a manner consistent with generally accepted accounting principles. Successful Proposer must provide access during normal business hours to the requested records no later than ten (10) calendar days after the written request by the City or its authorized representative. If any audit reveals any material deviation from the contract requirements, any misrepresentations or any overcharges to the City, the City will be entitled to recover damages, as well as the cost of the audit. Any adjustments or payments which must be made as a result of any such audit or inspection of the Successful Proposer’s invoices or records must be made within a reasonable amount of time, but in no event may the time exceed ninety (90) calendar days, from presentation of the City’s audit findings to the Successful Proposer. Successful Proposer shall include this right to audit section in any subcontractor agreements entered into in connection with this contract. 12.22 Scrutinized Companies. Section 287.135, Florida Statutes prohibits agencies from contracting with companies for goods or services of any amount that are (1) on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes or are engaged in a boycott of Israel, and (2) with companies for goods or services of $1 million or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to section 215.473, Florida Statutes or are engaged in business operations in Cuba or Syria. A company that is on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel may not submit a proposal for or enter into a contract or renew a contract with an agency or local government entity for goods or services of any amount. A company that is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or is engaged in business operations in Cuba or Syria may not submit a proposal for or enter into a contract or renew a contract with an agency or local government entity for goods or services of $1 million or more. Notwithstanding the aforementioned, the City may on a case-by-case basis permit a company on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, the Scrutinized Companies that Boycott Israel List, or are engaged in business operations in Cuba or Syria to be eligible to submit a proposal for, or enter into or renew a contract for goods or services if the conditions set forth in Section 287.135(4) of the Florida Statutes are met. 1356 29 If the City determines the Successful Proposer submitted a false certification under Section 287.135(5) of the Florida Statutes upon submission of a proposal, entering into a contract, on contract renewal, or if the Successful Proposer has been placed on the Scrutinized Companies with Activities in the Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or is on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel or is engaged in business operations in Cuba or Syria, the City shall either terminate the contract after it has given the Successful Proposer notice and an opportunity to demonstrate the City’s determination of false certification was in error pursuant to Section 287.135(5)(a) of the Florida Statutes. 12.23 Data Collection. Pursuant to Section 119.071(5)(a), Florida Statutes, social security numbers collected from Successful Proposers are used for identification, verification, and tax reporting purposes. 12.24 Indemnification. The Contractor/Successful Proposer/Contractor/Firm (collectively the “Firm”) releases and agrees to defend, indemnify and hold harmless the City of Tampa, its officers, elected and appointed officials, and employees from and against any and all liabilities, losses, claims, suits, actions, causes of action, either at law or in equity, damages, charges, judgments, or expenses (including attorney’s fees and court costs, whether at trial or appeal) which the City may suffer, sustain, incur, or in any way be subjected to by reason of or as a result of any act, negligence, or omission on the part of the Firm, its agents or employees, in the execution or performance of the obligations assumed under or incidental to, the Award/Contract/Agreement (collectively the “Agreement”) into which the Firm and the City will enter, except when caused solely by the fault, failure, or negligence of the City, its agents, or employees. Firm’s duty to defend is separate and apart from Firm’s duty to indemnify and hold harmless and exists immediately upon presentation of written notice of a suit, claim or action of any nature to the Firm by a party entitled to a defense hereunder. If the above indemnity or defense provisions or any part of the above indemnity or defense provisions are limited by the provisions of Section 725.06, Florida Statutes or any other applicable law, then this section 12.24 shall be so limited to said section 725.06 and with respect to the part so limited, the monetary limitation on the extent of the indemnification shall be the greater of (i) the monetary value of this contract, (ii) the coverage amount of Commercial general liability insurance required under the contract, or (iii) $1 Million Dollars. Otherwise, the obligations under this section 12.24 will not be limited by the amount of any insurance required to be obtained or maintained under this contract. Contractor’s duties to defend and indemnify pursuant to this section 12.24 shall survive the early termination or expiration of the contract and shall continue in full force and effect so long as the possibility of any liability, claim or loss exists, unless otherwise prohibited by law. Nothing in this section or in the contract shall be construed as a waiver of any immunity from or limitation of liability the City, its officers, agents, and employees may have under the doctrine of sovereign immunity under common law or statute. 12.25 Contractor Background Checks. When assigning employees to work on City property, the Successful Proposer shall check the backgrounds of each employee and notify the City’s Employment Services Manager prior to assignment if candidates fall into one or more of the following categories: • Unable to pass 8 Panel Drug Screen • Has a felony or misdemeanor conviction involving violence, weapons, or crimes against a public official • Is a former City of Tampa employee” 12.26 Employee Verification. In accordance with Section 448.095, Florida Statutes, the Successful Proposer agrees to register with and utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired during the term of the contract for the services specified in the contract. The Successful Proposer must also include a requirement in subcontracts that the subcontractor must register with and utilize the E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. If the Successful Proposer enters into a contract with a subcontractor, the subcontractor must provide the Successful Proposer with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Successful Proposer shall maintain a copy of such affidavit for the duration of the contract. If the City has a good faith belief that the Successful Proposer has knowingly violated Section 448.09(1), Florida Statutes, the City shall terminate the Contract with the Successful Proposer, and the Contractor may not be awarded a contract with the City for at least 1 year after the date on which the contract was terminated. The Successful Proposer is liable for any additional costs incurred by the City as a result of the termination of the contract. If the City has a good faith belief that a subcontractor knowingly violated the law, but the Successful Proposer has otherwise complied with the law, the City shall promptly notify the Successful Proposer and order the Successful Proposer to immediately terminate the contract with the subcontractor. 1357 30 12.27 Responsible Vendor Determination. The City of Tampa will not request documentation of or consider a Proposer’s social, political, or ideological interests when determining if the Proposer is a responsible vendor and will not give preference to a Proposer based on the Proposer’s social, political, or ideological interests. 13. QUESTIONS REGARDING SPECIFICATIONS OR PROPOSAL PROCESS 13.1 To ensure fair consideration for all Proposers, the City prohibits prospective Proposers' communication with any department or employee during the submission process. Questions relative to the interpretation of the Scope of Services or the proposal process shall be addressed to the City during the pre-proposal conference, or questions can be submitted via the GETALL system up to ten days prior to the RFP opening date and time. 13.2 Communication Policy. During any solicitation period including any protest and/or appeal, no contact with City officials or employees, other than with the Analyst, the Director of Purchasing or the Legal Department, is permitted from any proposer. Such communication shall result in an automatic disqualification for selection in the pending solicitation and any subsequent City solicitations for a period of six (6) months, no matter the outcome of the solicitation or any protest and/or appeal. 14. CONTENT OF PROPOSALS 14.1 Proposer Responsibility. Proposers are advised that the City’s ability to evaluate proposals is dependent in part on the Proposer’s ability and willingness to submit proposals which are well ordered, detailed, comprehensive and readable. Clarity of language and adequate, accessible documentation is essential. Proposers should maintain the sequence of sections as they are depicted in the RFP. It is the Proposer’s responsibility to examine all specifications and conditions thoroughly and comply fully with specifications and all attached terms and conditions. It is the Proposer’s responsibility to provide a full and complete written response that does not require interpretation or clarification by the City Representative. The Proposer is to provide all requested materials, forms, and information. The Proposer is responsible for ensuring the materials submitted will properly and accurately reflect the Proposer specifications and offering. During scoring and evaluation (prior to any interviews), the City Representative will rely upon the submitted materials and shall not accept materials from the Proposer after the RFP deadline; however, this does not limit the right of the City Representative to consider additional information (such as references that are not provided by the Proposer but are known to the City, or past experience by the City in assessing responsibility), or to seek clarifications as needed by the City. 14.2 Proposals should be prepared simply and economically, providing a straightforward, concise description of the Proposer's ability to fulfill the requirements of the proposal. The proposal submitted is the City’s official record and recording of the RFP. Submit electronic copies in Acrobat Adobe PDF format. Pages must be identified with page numbers. File names should not contain special characters. Proposer must wait for confirmation of successful document upload. If Proposer is declaring any portion of the proposal is Confidential and/or Proprietary a copy of proposal marked “REDACTED” should also be provided to the City with the original following the instructions stated under Section II. General Conditions, Subsection 12.4 Florida Public Records Law. In order to ensure a uniform review process and to obtain the maximum degree of comparability, it is required that proposals be organized in the following manner and identified with tabs (headings): IN GETALL, THE FOLLOWING ITEMS SHOULD BE GROUPED AND UPLOADED INTO THE “MAIN SOLICITATION RESPONSE” SECTION: • Title Page. Type the name of Proposer’s firm, address, telephone number, name of contact person, email address, date, and the title of the RFP. • Table of Contents. Include a clear identification of the written material by section and by page number. 1358 31 • Proposal Submittal Check List. Complete and submit Attachment A. for compliance of certain requirements identified in the RFP package. • Tab 1. Addenda. Include a copy of the addendum, or addenda associated with the RFP, if applicable. Incomplete proposals will not be considered. • Tab 2. Florida Public Records Law. Include a written acknowledgement of the Florida Public Records Law requirements from Section II. General Conditions, Section 1. General Information, Subsection 12.4 including executed copy of Attachment B – Public Records Declaration or Claim of Exemption. • Tab 3. Conflict of Interest. Include executed copy of Attachment C – Conflict of Interest Form. • Tab 4. Response to Proposal. Specifically state the Proposer’s understanding of the work to be accomplished and make a positive commitment to perform the work in Section I. Scope of Services. • Tab 5. Section I, Scope of Services. Include all the requirements and/or documentation requested under Section I. Scope of Services, sub-section XX Proposer Submittals. • Tab 6. References. Include a reference list of at least five clients to whom the Proposer has provided services like those being proposed to the City. • Tab 7. General Statement of Experience. Include a written, verifiable statement of experience in providing and managing similar services. If the Proposer does not possess any experience like the services required, Proposer shall provide any pertinent information or experience Proposer feels may qualify Proposer for consideration of award. • Tab 8. GENERAL OPERATING PROCEDURES & GUIDELINES (MANAGEMENT PLAN, OPERATIONS PLAN, QUALITY CONTROL PLAN, ETC…. Include a narrative description and/or organizational chart outlining the methods of operation, operational structure, and services to be provided by the Proposer. This description should fully and completely demonstrate the Proposer's intended methods for servicing the requirements. Proposers are also encouraged to provide any other pertinent information that will assist the City in evaluating the proposed method of operation. • Tab 9. Sub-Contracting Submittals. No Successful Proposer shall assign the contract or any rights or obligations thereunder without the written consent of the City. The Successful Proposer shall be required to perform with its own forces at least fifty-one (51) percent of the work, unless prior written consent to subcontract a greater percentage of the work first obtained by the City. In the event of such approved subcontracting, the Successful Proposer agrees to provide the City with written documentation relative to the Subcontractor(s) solicited, or that will be employed in this award, including but not limited to submittal of attached the following Schedule of Sub-Contracting Forms: • Schedule of All Sub-Contractors/Consultants/Suppliers Solicited - MBD 10 • Schedule of Sub-Contractors/Consultants/Suppliers to be Utilized - MBD 20 These forms must be completed (including signatures) and submitted with all proposals. Submittals that do not contain these completed forms shall be deemed “non-responsive”. Instructions on completing the forms are included after each form in this RFP package. Subcontractor shall be defined as; a business enterprise, firm, partnership, corporation, consultant, or combination thereof having a direct contract with a prime contractor for any portion of the advertised work that is awarded by the owner/owner's representative. 1359 32 Supplier shall be defined as; a business enterprise that either directly contracts with a Prime Contractor/Consultant or directly contracts with a Subcontractor under such Prime Contractor/Consultant to provide materials, supplies or equipment in connection with a Contract awarded by the owner/owner representative. A Supplier may be a regular dealer, distributor, or manufacturer. IN GETALL, THE FOLLOWING ITEM SHOULD BE UPLOADED IN THE “COST PROPOSAL SECTION”: • Tab 10. Compensation. Submit an all-inclusive cost statement. Provide a detailed cost statement for providing the services indicated in Section I. Scope of Services. Itemize fees, expenses, and any optional costs separately. IN GETALL, THE FOLLOWING ITEMS SHOULD BE GROUPED AND UPLOADED IN THE “SOLICITATION SUBMITTAL SECTION”: • Tab 11. Proposer’s Affidavit. Complete, submit and have notarized the Proposer’s Affirmation form provided in the RFP Package. This form must be signed by an authorized representative of the firm as defined below. • Tab 12. Proposal Signature Form. Complete and submit the Proposal Signature form and Requested Voluntary Information Regarding Proposer’s Initial Employment Application Content form provided in the RFP Package. These forms must be signed by an authorized representative of the firm as defined below: When Proposer is a corporation, the president, vice president or other person duly authorized to bind the corporation shall set out the corporate name in full beneath which he/she shall sign his/her name and give the title of his/her office or position. The proposal shall also bear the seal of the corporation attested by its corporate secretary. Proposals signed by a person other than an officer of the corporation, shall be accompanied by evidence of authority. When the Proposer is a partnership, the proposal shall be signed in the name of the partnership by a general partner or other person duly authorized to bind the partnership. The capacity and authority of the person signing shall also be given. When the Proposer is an individual or sole proprietorship, the proposal shall be signed by the individual owner, stating name and style under which the Proposer is doing business. If the Proposer is doing business under a fictitious name, the Proposer must submit a copy of Certificate of Registration with the Florida Secretary of State. When the Proposer is a joint venture, each joint venturer must sign the proposal as hereinabove indicated. NOTE: Failure to submit the Proposal Signature Form executed or failure to submit the Proposal Signature Form in the proposal package will result in the proposal being non-responsive. NO EXCEPTIONS. • Tab 13. Per Section 12.14 Proposer’s Criminal History Screening Practices. Include documentation under as referenced. • Tab 14. E-Verify Affidavit (Form 1) A properly completed, notarized E-Verify Affidavit must be included with the sealed proposal; failure to do so will render the firm’s proposal non-responsive and ineligible for further consideration. Additional information regarding the State’s E-Verify requirements can be found at: 1360 33 • Tab 15. Communication Concerning This Solicitation (Form 2) Complete the form titled Communication Concerning This Solicitation. • Tab 16. Addenda Acknowledgement (Form 3) Use Form 3 to acknowledge receipt for all addenda (if any). The addenda will be posted at: The vendors must periodically visit the web page for addenda before the due date and before submitting a proposal. • Tab 17. Federal Compliance Complete the form titled Federal Compliance (Form 4) • Tab. 18. Exceptions to RFP • List ANY AND ALL exceptions to the RFP specifications in this section of proposal submission. Exceptions listed in other areas of the vendor’s submission will not be considered. All exceptions will be vetted during the RFP process, and if found unacceptable, the vendor’s proposal will be rejected and no longer considered for award. Exceptions shall be considered by the Evaluation Committee. The vendor’s proposal may not be considered further if exceptions are unacceptable and/or cannot be clarified to the Committee’s satisfaction. Vendors shall be notified in writing if exceptions are not acceptable. PLEASE NOTE: EXCEPTIONS TO THE RFP GENERAL PROVISIONS WILL NOT BE CONSIDERED, AND IF SUBMITTED WILL AUTOMATICALLY RENDER THE RESPONSE NON- RESPONSIVE. • VENDOR AGREEMENT/CONTRACT FORM: Exceptions also include the terms of any contract or other agreements which the vendor or any subcontractors will require to be executed by the City. • If there are no exceptions, vendor must include a statement for this Section stating the following: No Exceptions. 15. EVALUATION OF PROPOSALS 15.1 The City will not be under any requirement to complete the evaluation by any specific date and reserves the right to suspend or postpone the evaluation process should the need arise due to budget constraints, time constraints or other factors as directed by the City. However, it is anticipated that the review/evaluation process will be completed in a timely manner. A Proposal Evaluation Committee will be established to review and evaluate all proposals submitted in response to this RFP. The Committee shall conduct a preliminary evaluation of all proposals on the basis of the information provided and other evaluation criteria as set forth in this RFP. The contract will be awarded to the most qualified Successful Proposer per the evaluation criteria listed below. EVALUATION CRITERIA MAXIMUM POINT VALUES Qualifications & Experience of Firm & Staff 25 points Understanding and Approach 25 points Service & Support 15 points Client Work History 5 points Suitability of Proposed Equipment 5 points Proposal cost/ Revenue Share 25 points TOTAL POINTS 100 points 1361 34 15.2 Application of WMBE and SLBE Evaluation Points. During the evaluation of proposals for WMBE and SLBE participation, the Equal Business Opportunity (EBO) Office will be responsible for assigning the points under these criteria. Points are determined per MBD Form 71 (EBO Guidelines for Evaluation Points on Request for Proposals) which is attached to this RFP document. 15.3 Proposals will be evaluated and rated based on the criteria stated in this RFP, including but not limited to the following: 15.3.1 Responsiveness of the Proposal to the scope of work. 15.3.2 Ability, capacity, and skill of the Proposer to perform the scope of work. 15.3.3 Experience of the business and individual members of the business in accomplishing similar services. 15.3.4 Responses of the client references. 15.3.5 Such other information that may be required or secured. 15.4 SHORT- LISTING The Evaluation Committee at its sole discretion may create a short-list of the highest scored proposals based on the preliminary evaluation against the evaluation criteria. Only those short-listed Proposers would be invited to participate in interviews and/or presentations, demonstrations, or product testing. Upon conclusion of any interviews and/or presentations, demonstrations or product testing, the Evaluation Committee will finalize the scoring against the evaluation criteria. 15.5 INTERVIEWS/DEMONSTRATIONS If requested, Proposers may be required to participate in on-site interviews and conduct demonstrations to the City’s Evaluation Committee and other City representatives, in order to clarify the proposal submitted and present the Proposer’s proposed solution. Additionally, the Proposer’s key personnel may be required to be in attendance during this process. Proposers should be prepared to discuss and substantiate any of the areas of the proposal submitted, as well as its qualifications to furnish the specified products and services. The interviews and demonstrations will be scored by the Evaluation Committee. Notwithstanding the possibility of a request for an on-site interview and demonstrations, Proposers shall not rely on the possibility of such a request and shall submit a complete and comprehensive written response to this solicitation. Any costs incurred for the interviews and the oral demonstrations are the responsibility of the Proposer. 15.6 The City reserves the following rights to: 15.6.1 Conduct pre-award discussion and/or pre-award negotiations with any or all responsive and responsible Proposers who submit proposals determined to be reasonably acceptable of being selected for award; conduct personal interviews or require presentations of any or all Proposers prior to selection; and make investigations of the qualifications of Proposers as it deems appropriate, including, but not limited to, a background investigation conducted by a law enforcement agency, or other approved agency. 15.6.2 Request that Proposer(s) modify its proposal to meet the needs of the City more fully, including Best and Final Offer(s) (BAFO), or to furnish additional information as the City may reasonably require. 1362 35 15.6.3 Accord fair and equal treatment with respect to any opportunity for discussions and revisions of proposals. Such revisions may be permitted after submission of proposals and prior to award. 15.6.4 Negotiate any modifications to a proposal that it deems acceptable, waive minor irregularities in the procedures, and reject any and all proposals. 15.6.5 Process the selection of the successful Proposer without further discussion. 15.6.6 Waive any irregularity in any proposal, or reject any and all proposals, should it be deemed in its best interest to do so. The City shall be the sole judge of Proposers’ qualifications and reserves the right to verify all information submitted by the Proposers. The proposal selected will be that proposal which is judged to be the most beneficial to the City. 15.7 Financial Statements. The City Representative reserves the right to request that Proposers submit their annual financial statements for the last three fiscal years, including company financial statement summaries, certified by a Certified Public Accountant. If the organization has been in business for a period of less than three years, Proposers may be required to submit a detailed business plan in addition to any pertinent information that would allow the City to evaluate the sufficiency of financial resources and the ability of the business to successfully perform the services enumerated in the contract. Unless otherwise stated, such requests would be made after the submission of the proposals and prior to award of a contract. 16. ADDITIONAL CONTRACT TERMS 16.1 Basis of Award. A contract will be awarded to the most responsible and responsive Proposer whose proposal meets the needs of the City to the best degree. OFFICIAL AWARD WILL BE MADE BY CITY OF TAMPA PURCHASE ORDER ONLY. Prior to award resulting from this solicitation, the Successful Proposer shall be registered to transact business in the State of Florida and shall furnish the City with proof of registration with ten days of the notice to do so by the City. Failure to promptly submit this evidence of qualification to transact business in the State of Florida may be a basis for rejection of the proposal. Any Proposer who is owing to the City of Tampa upon any debt, contract, or other obligation to the City, or who is a defaulter as a surety or otherwise, will not be eligible for consideration for contract award regarding this solicitation. 16.2 Contract Term. The period of the contract shall be for three years from the effective date of the award, and may, by mutual written agreement, be renewed at the same terms and conditions for two additional two-year periods. 16.2.1 Supplemental Unilateral Renewal Periods. The City, through its Director of Purchasing, has the option and reserves the right to unilaterally extend the original contract term or any renewal term for up to three (3) additional thirty (30) day periods, at the same terms and conditions. Notice of the City’s intent to renew shall be provided by the City in writing to the Successful Proposer prior to the expiration of the contract, or the renewal period if the contract has been previously renewed. 16.3 Non-Appropriation of Funds. In the event no funds or insufficient funds are appropriated for expenditures under this award, the City will notify the Successful Proposal in writing of such occurrence and the award shall terminate without penalty or expense to the City on the last day of the fiscal year in which sufficient funds have been appropriated. 16.4 Contract Termination. When deemed to be in the best interest of the City, the City may cancel any award resulting from this specification by the following means: 10-day written notice with cause; or 30-day written notice without cause. 1363 36 16.5 Addition/Deletion. The City reserves the right to add to or delete any service/item from this proposal or resulting agreements when deemed to be in the best interest of the City. 16.6 Proposal Prices. Prices quoted in the proposal shall include any and all shipping costs, shipped F.O.B. Tampa, FL, or to the facility location specified by the requestor or the purchase order. All taxes of any kind and character payable on account of the work done and materials furnished under the contract shall be paid by the Successful Proposer and shall be deemed to be included in the proposal. The laws of the State of Florida provide that sales tax and use taxes are payable by the Successful Proposer upon the tangible personal property incorporated in the work and such taxes shall be paid by the Successful Proposer and shall be deemed to have been included in the proposal. The City is exempt from all State and Federal sales, use and transportation taxes. Proposal prices include all royalties and costs arising from patents, trademarks, and copyrights in any way involved in the work. Whenever the Successful Proposer is required or desires to use any design, device, material or process covered by letters of patent or copyright, the Successful Proposer shall indemnify, defend and save harmless the City, its officers, agents and employees from any and all claims for infringement by reason of the use of any such patented design, tool, material, equipment, or process, to be performed under the contract, and shall indemnify the said City, its officers, agents, and employees for any costs, expenses and damages which may be incurred by reason of any infringement at any time during the prosecution or after the completion of the work. The duty to defend under this paragraph is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Successful Proposal, the City, and any indemnified party. This provision shall survive the termination of this contract and shall continue in full force and effect so long as the possibility of any liability, claim or loss exists, unless otherwise prohibited by law. 16.7 Government Purchasing Council. Hillsborough County Government Purchasing Council (“GPC”) members, may, at their discretion or option, utilize this proposal as they require. Estimated quantities for Hillsborough County GPC members have not been included in the solicitation. Purchases by these entities may increase the value of the award. A list of the members of the GPC is contained within this solicitation document. Any Hillsborough County GPC member which avails itself of this contract will establish its own contract, place its own orders, issue its own purchase orders, and issue its own exemption certificates as required by the Proposer. It is understood and agreed that the City of Tampa is not a legally bound party to any contractual agreement made between any other governmental entity and the Successful Proposer as a result of this RFP. 16.8 Use of Contract by Other Governmental Agencies. Unless otherwise stipulated by the Successful Proposer in its proposal, the Successful Proposer agrees to make available to all government agencies, departments, and municipalities the proposed prices submitted in accordance with the terms and conditions of this Solicitation Document, should any governmental entity desire to buy under the Contract resulting from this Solicitation Document. Any other governmental agency, department, or municipality which avails itself of this contract will establish its own contract, place its own orders, issue its own purchase orders, and issue its own exemption certificates as required by the Proposer. It is understood and agreed that the City of Tampa is not a legally bound party to any contractual agreement made between any other governmental entity and the Proposer as a result of this solicitation. 16.9 Use of State Contract, GPC, Or Cooperative Purchasing Bids. The City of Tampa reserves the right to utilize applicable State of Florida Contracts, GPC Bids, or those contracts of any other federal, state, or local governmental entity under the terms of a bid submitted to such entity, provided that such contract is procured in compliance with the procuring entity's law, bylaws, regulations, or ordinances regarding competitive solicitation, which must provide for full and open competition for any items covered by this specification when the use of same is in the best interest of the City of Tampa. 16.10 Payment. Full payment will be made by the City after receipt and acceptance of materials/services and proper invoice in accordance with Florida Statutes § 218.70, et. seq., the Florida’s Local Government Prompt Payment Act. Proposers that accept Visa/Mastercard payments can be enrolled in the City’s ePayments program for faster payment turnaround, by contacting the City’s Accounts Payable Department at acctspayable@tampagov.net. 1364 37 16.11 Minimum Wage Amendment. The Successful Proposer shall comply with the minimum wage requirements as required in Article X, Section 24, Constitution of the State of Florida. The rate of wages for all persons employed by the Successful Proposer on the work covered shall not be less than the rate of wages required by the Fair Labor Standards Act (Public Law 104-188). 16.12 Invoicing. The Successful Proposer shall furnish the City complete itemized invoices for work performed. Invoices are to reflect the prices stipulated on the purchase order and as outlined in this proposal itemizing parts, labor hours, materials, etc. The City will not accept an aggregate invoice. As part of the award process, the City may request a sample invoice. Invoices shall contain, but not be limited to the following information: • Invoice number; • Company Name; • City work order number (if applicable); • Purchase order number; • Location and dates of work; • Cost of work as stated on Pricing/Proposal pages and extended price to reflect total cost. At the time of submission of its invoices, the Successful Proposer shall submit to the City a report on Form MBD-30, “DMI-Payments” of all sub-contracted amounts and payments along with any other completed reports or forms as may be required by the CITY. In the event the Successful Proposer uses any WMBE and/or SLBE sub-contractors, the Successful Proposer shall provide form MBD-40 “Letter of Intent” (LOI) for all WMBE and/or SLBE sub-contractors the Successful Proposer intends to utilize. • Form MBD-30-DMI Sub-(Contractors/Consultants/Suppliers) Payments • Form MBD-40 Letter of Intent (LOI) 16.13 Contract Changes. No changes, over the contract period, shall be permitted unless prior written approval is given by the Director of Purchasing and, an amendment to the Agreement is executed by the City and Contractor and approved by resolution of the City Council of the City of Tampa. 16.14 Assignment. To the extent permitted by applicable law, this contract, and all rights or obligations hereunder, is not assignable, in whole or in part, by operation of law, acquisition of assets, merger, consolidation, dissolution or otherwise without the advance written approval of the other party to this contract. Any attempted assignment of this contract by a party without the advance written approval of the other party shall be invalid and unenforceable against the other party. Any approved assignment of this contract by the Successful Proposer will not relieve the Successful Proposer from the performance of its duties, covenants, agreements, obligations, and undertakings under this contract, unless the assignment expressly provides otherwise. No assignment by the Successful Proposer shall be effective unless the assignee confirms in writing to the City that the assignee accepts and shall comply with all of the duties, responsibilities, and obligations of the Successful Proposer. Notwithstanding the foregoing, the City may assign its rights under this contract (without the Successful Proposer's consent or approval) to a governmental successor of the City. An assignment by the City of its rights under this contract to a governmental successor of the City will relieve the City from the performance of its duties, covenants, agreements, and obligations under this contract after the effective date of the assignment. However, the City shall continue to be liable for the obligations it incurred under this contract prior to the effective date of the assignment. Action by the City in awarding a proposal to a proposer, which has disclosed its intent to assign or subcontract in its response to the RFP, without exception shall constitute approval for purposes of this contract. In the event of such approved Sub-Contracting, the Successful Proposer agrees to provide the City with written documentation relative to the Subcontractor(s) solicited, or that will be employed in this contract, including but not limited to submittal of attached Schedule of Sub-Contracting forms, with the proposal response. • Schedule of All Sub-Contractors/Consultants/Suppliers Solicited - MBD 10 • Schedule of Sub-Contractors/Consultants/Suppliers to be Utilized - MBD 20 1365 38 These forms must be completed (including signatures) and submitted with all proposals. Submittals that do not contain these completed forms shall be deemed “non-responsive”. Instructions on completing the forms are included after each form in this RFP package. Subcontractor shall be defined as; a business enterprise, firm, partnership, corporation, consultant, or combination thereof having a direct contract with a prime contractor for any portion of the advertised work that is awarded by the owner/owner's representative. Supplier shall be defined as; a business enterprise that either directly contracts with a Prime Contractor/Consultant or directly contracts with a Subcontractor under such Prime Contractor/Consultant to provide materials, supplies or equipment in connection with a Contract awarded by the owner/owner representative. A Supplier may be a regular dealer, distributor, or manufacturer. 16.15 Default/Re-award. Any contract resulting from this specification may be cancelled by the Director of Purchasing in whole or in part by written notice of default to the Successful Proposer upon non-performance or violation of contract terms, including the failure of the Successful Proposer to deliver materials or services within the time stipulated in this specification, unless extended in writing by the Director of Purchasing. In the event a contract is cancelled because of the default of the Successful Proposer, the Director of Purchasing may: (i) purchase the materials or services specified in this specification on the open market; or (ii) make an award to the next best Proposer and establish the period of such contract, provided such period is no longer than the contract period set forth in this specification. 16.16 Convicted Vendor List (Public Entity Crime). A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 for Category Two ($10,000.00 and greater) for a period of 36 months from the date of being placed on the convicted vendor list. [See Florida State Statute 287.133 (2)(a)] 17. NON-DISCRIMINATION IN CONTRACTING AND EMPLOYMENT The following provisions are hereby incorporated into any contract executed by or on behalf of the City of Tampa. The Successful Proposer shall comply with the following Statement of Assurance: During the performance of this contract, the Successful Proposer herein assures the City, that said Successful Proposer is in compliance with Title VII of the 1964 Civil Rights Act, as amended, the Florida Civil Rights Act of 1992, and the City of Tampa Code of Ordinances, Chapter 12, in that the Successful Proposer does not on the grounds of race, color, national origin, religion, sex, sexual orientation, gender identity or expression, age, disability, familial status, or marital status, discriminate in any form or manner against said Successful Proposer’s employees or applicants for employment. Successful Proposer understands and agrees that this contract is conditioned upon the veracity of this Statement of Assurance, and that violation of this condition shall be considered a material breach of this contract. Furthermore, the Successful Proposer herein assures the City that said Successful Proposer will comply with Title VI of the Civil Rights Act of 1964 when federal grant(s) is/are involved. This Statement of Assurance shall be interpreted to include Vietnam-Era Veterans and Disabled Veterans within its protective range of applicability. Successful Proposer further acknowledges and agrees to provide the City with all information and documentation that may be requested by the City from time to time regarding the solicitation, selection, treatment and payment of subcontractors, suppliers, and vendors in connection with this contract. Successful Proposer further acknowledges that it must comply with City of Tampa Code of Ordinances, Chapter 26.5. Per City of Tampa Code of Ordinances, Section 2-284, Bidder(s) are requested to provide information as to whether Proposer(s) has criminal history screenings similar in nature to the practices contained in Chapter 12, Article VI, City of Tampa Code of Ordinances. The City of Tampa’s municipal codes are published online by the Municipal Code Corporation at the website link https://www.municode.com/library/fl/tampa/codes/code_of_ordinances. 1366 39 18. INSURANCE. This contract is subject to the attached and incorporated CITY OF TAMPA INSURANCE REQUIREMENTS included as Exhibit 1 of this RFP document which should be reviewed for complete insurance details and coverage requirements. End of Section II 1367 40 SECTION III. PROPOSER’S AFFIDAVIT AND PROPOSAL SIGNATURE FORMS PROPOSER’S AFFIDAVIT Before me, the undersigned authority who is duly authorized by law to administer oaths and take acknowledgements, personally appeared AFFIANT’S NAME (Person’s Name) Who, after being duly cautioned and sworn, and being fully aware of the penalties of perjury, does hereby depose and declare, on his own behalf or as a representative on behalf of a partnership or corporation, or other entity that is the Proposer in the matter at hand, as follows: 1. That the Proposer, if a natural person, is of lawful age. 2. That if the Proposer is a partnership, or a corporation, or other legal person or entity recognized in the State of Florida, it has complied with all laws and ordinances governing the formation and continued existence of such entities, including but not limited to, if a Florida corporation, to the filing of its Articles of Incorporation with the Florida Secretary of State and if a corporation incorporated under the laws of a state other than Florida, that it is duly authorized to do business in the State of Florida; that it is currently an active corporation or entity fully authorized to do business; and that the undersigned is representative of the corporation or entity authorized to make this affirmation and declaration and who has the power to bind said corporation or entity. 3. That if the Proposer is operating under a fictitious name, Proposer has currently complied with and any and all laws and procedures governing the operation of businesses under fictitious names in the State of Florida; 4. That the Proposer has not submitted a rigged proposal, nor engaged in collusive bidding, or a collusive bidding arrangement, or fraudulent bidding, or entered into a conspiracy in connection with this RFP with any other natural person, partnership, corporation or other entity making a proposal for the same purpose. The Proposer has not entered into any understanding or agreement with any other person or entity where one or more such persons or entities agrees not to bid or fixing the prices to be bid. 5. In the event that the City determines that the Proposer has participated in any collusive, deceptive, or fraudulent practices in derogation of the statements in this Affidavit the City, in addition to any other remedy it may exercise, will have the right to debar the Proposer. The contract let under such circumstances shall be deemed invalid. 6. That the Proposer is not in arrears to the City of Tampa upon debt or contract and is not in default, as surety or otherwise, of any obligation to the City, Hillsborough County, or the State of Florida 7. That no officer or employee of the City, either individually or through any firm, corporation, or business of which he/she is a stockholder or holds office, shall receive any substantial benefit, or profit out of the contract to this Proposer; nor does the Proposer know of any City officer or employee having any financial interest in assisting the Proposer to obtain, or in any other way effecting, the award of the contract to this Proposer. 8. That, by submitting this proposal, the Proposer certifies that he/she has fully read and understands the RFP method and has full knowledge of the scope, nature, and quality of work to be performed or the services to be rendered. 9. That, by submitting this proposal, Affiant certifies compliance with Section 287.135, Florida Statutes and for contracts for goods or services of $1 million or more, that the Proposer is not on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Cuba or Syria, and that for contracts for goods or services of any amount, that the Proposer is not on the Scrutinized Companies that Boycott Israel List, and is not engaged in a boycott of Israel. Affiant understands that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject Proposer to civil penalties, attorney’s fees, other costs, and termination of any contract that is awarded. The Proposer shall comply with the applicable requirements of Federal and state laws, all Codes and Ordinances of the City of Tampa as amended from time to time and any applicable professional regulations. 1368 41 FURTHER AFFIANT SAYETH NOT. Proposer: Complete the applicable acknowledgement for an Individual Acting in His/Her Own Right or an Entity (by type): FOR AN INDIVIDUAL ACTING IN HIS/HER OWN RIGHT State of County of The foregoing instrument was sworn to (or affirmed) and subscribed before me by means of ☐ physical presence or ☐ online notarization this day of 20 , by , who is personally known to me or who has produced identification and who did (did not) take an oath. Signature of Notary Public Signature of Affiant Notary Public State of: My Commission Expires: Printed, typed, or stamped Printed or typed name of Affiant Commissioned name of notary public FOR AN ENTITY State of County of The foregoing instrument was sworn to (or affirmed) and subscribed before me by means of ☐ physical presence or ☐ online notarization this ____ day of 20 , by __ , as _________________ , of _____________________________ a ☐ Partnership, ☐ Joint Venture, ☐ Corporation, ☐ Limited Liability Company (LLC) or ☐ Other ___________________, on behalf of such entity. Such individual is personally known to me or has produced identification. Type of identification produced: ______________________ _______________ Signature of Notary Public Signature of Affiant Notary Public State of: My Commission Expires: ________________ Printed, typed, or stamped Printed or typed name of Affiant Commissioned name of notary public 1369 42 PROPOSAL SIGNATURE FORM FOR AUTOMATED SPEED DETECTION FOR SCHOOL ZONE SAFETY ENFORCEMENT In compliance with this RFP and to all the conditions imposed herein, the undersigned offers and agrees to provide RFP# 61122923, AUTOMATED SPEED DETECTION FOR SCHOOL ZONE SAFETY ENFORCEMENT, in accordance with the attached signed proposal, or as mutually agreed upon by subsequent negotiation. This completed Proposal Signature form must be submitted with the Proposer's written proposal and will become a part of any agreement that may be awarded. This Proposal Signature Form must be signed by an authorized representative, as defined in Section II. General Conditions, Subsection 14. Content of Proposal of this RFP. If the Proposal Signature Form is not signed by an authorized representative (accompanied by evidence of authority) or submitted with the proposal, the proposal is considered non- responsive. Please type or print: Name of Firm: Address: City: State: Zip: Contact Person: Title: Federal ID #.: Telephone No.: Email: Type Organization: [ ] Individual [ ] Small Business [ ] Non-Profit [ ] LLC [ ] Partnership [ ] Corporation [ ] Joint Venture Attach copies of all such licenses, permits or certificates issued to the business entity. Business is licensed, (unless exempt by applicable law) permitted or certified to do business in the State of Florida: [ ] Yes [ ] No. License # Minority Business Status: [ ] Black [ ] Hispanic [ ] Woman [ ] Other Is your business certified as a minority business (WMBE) or small business enterprise (SLBE) with any government agency? [ ] Yes [ ] No. If yes, please list below: Agency Name Certification Number Expiration Date Sub-Contracting Submittals required: Forms MBD-10, MBD-20 must be submitted with the proposal. By signing this Proposal Signature Form, the Proposer complies with all of the requirements of the RFP package including but not limited to Communication Policy and City of Tampa Ethics Code contained in SECTION II. GENERAL CONDITIONS. NOTE: When Proposer is a corporation, the president, vice president or other person duly authorized to bind the corporation shall set out the corporate name in full beneath which he/she shall sign his/her name and give the title of his/her office or position. The proposal shall also bear the seal of the corporation attested by its corporate secretary. Proposals signed by a person other than an officer of the corporation shall be accompanied by evidence of authority. Authorized Signature: Date: 1370 43 SECTION IV. SUB-CONTRACTING FORMS AND PAYMENT FORM Failure to Complete, Sign and Submit Both Forms 10 & 20 SHALL render the Proposal Non-Responsive Page 1 of 4 – DMI Solicited/Utilized Schedules City of Tampa – Schedule of All Solicited Sub-(Contractors/Consultants/Suppliers) (FORM MBD-10) Contract No.: 24-P-00227 Contract Name: AUTOMATED SPEED DETECTION FOR SCHOOL ZONE SAFETY ENFORCEMENT, RFP #61122923 Company Name: Address: Federal ID: Phone: Fax: Email: Check applicable box(es). Detailed Instructions for completing this form are on page 2 of 4. [ ] No Firms were contacted or solicited for this contract. [ ] No Firms were contacted because: [ ] See attached list of additional Firms solicited and all supplemental information (List must comply to this form) Note: Form MBD-10 must list ALL subcontractors solicited including Non-minority/small businesses NIGP Code Categories: Buildings = 909, General = 912, Heavy = 913, Trades = 914, Architects = 906, Engineers & Surveyors = 925, Supplier = 912-77 S = SLBE W=WMBE O = Neither Company Name Address Phone, Fax, Email Type of Ownership (F=Female M=Male) BF BM = African Am. HF HM = Hispanic AF AM = Asian Am. NF NM = Native Am. CF CM = Caucasian Trade or Services NIGP Code (listed above) Contact Method L=Letter F=Fax E=Email P=Phone Quote or Response Received Y/N Federal ID It is hereby certified that the information provided is an accurate and true account of contacts and solicitations for sub–contracting opportunities on this contract. Signed: Name/Title: Date: Failure to Complete, Sign and Submit Both Forms 10 & 20 SHALL render the Proposal Non-Responsive Forms must be included with Proposal MBD 10 rev./effective 02/2016 Failure to Complete, Sign and Submit this form with your Proposal Shall render the Proposal Non- Responsive (Do Not Modify This Form) 1371 44 Page 2 of 4 – DMI Solicited/Utilized Instructions for completing The Sub-(Contractors/Consultants/ Suppliers) Solicited Form (Form MBD-10) This form must be submitted with all proposals. All subcontractors (regardless of ownership or size) solicited and subcontractors from whom unsolicited quotations were received must be included on this form. The instructions that follow correspond to the headings on the form required to be completed. Note: Ability or desire to self-perform all work shall not exempt the prime from Good Faith Efforts to achieve participation. • Contract No. This is the number assigned by the City of Tampa for the proposal. • Contract Name. This is the name of the contract assigned by the City of Tampa for the proposal. • Contractor Name. The name of your business and/or doing business as (dba) if applicable. • Address. The physical address of your business. • Federal ID. FIN. A number assigned to your business for tax reporting purposes. • Phone. Telephone number to contact business. • Fax. Fax number for business. • Email. Provide email address for electronic correspondence. • No Firms were contacted or solicited for this contract. Checking the box indicates that a pre-determined Subcontract Goal or Participation Plan Requirement was not set by the City resulting in your business not using subcontractors and will self-perform all work. If during the performance of the contract you employ subcontractors, the City must pre-approve subcontractors. Use of the “Sub-(Contractors/Consultants/Suppliers) Payments” form (MBD Form-30) must be submitted with every pay application and invoice. Note: Certified SLBE or WMBE firms bidding as Primes are not exempt from outreach and solicitation of subcontractors. • No Firms were contacted because. Provide brief explanation why no firms were contacted or solicited. • See attached documents. Check box, if after you have completed the DMI Form in its entirety, you need more space to list additional firms and/or if you have supplemental information/documentation relating to the form. All DMI data not submitted on the MBD Form-10 must be in the same format and have all requested data from MBD Form- 10 included. The following instructions are for information of any and all subcontractors solicited. • “S” = SLBE, “W” = WMBE. Enter “S” for firms Certified by the City as Small Local Business Enterprises and/or “W” for firms Certified by the City as either Women/Minority Business Enterprise; “O” = Non-certified others. • Federal ID. FIN. A number assigned to a business for tax reporting purposes. This information is critical in proper identification and payment of the contractor/subcontractor. • Company Name, Address, Phone & Fax. Provide company information for verification of payments. • Type of Ownership. Indicate the Ethnicity and Gender of the owner of the subcontracting business. • Trade, Services, or Materials indicate the trade, service, or materials provided by the subcontractor. NIGP codes aka “National Institute of Governmental Purchasing” are listed at top section of document. • Contact Method L=letter, F=fax, E=Email, P=Phone. Indicate with letter the method(s) of soliciting for bid. • Quote or Resp. (response) Rec’d (received) Y/N. Indicate “Y” Yes if you received a quotation or if you received a response to your solicitation. Indicate “N” No if you received no response to your solicitation from the subcontractor. Must keep records: log, ledger, documentation, etc. that can validate/verify. For additional information visit the Equal Business Opportunity Office website at www.tampagov.net/ebo 1372 45 Failure to Complete, Sign and Submit Both Forms 10 & 20 SHALL render the Proposal Non-Responsive Page 3 of 4 – DMI Solicited/Utilized Schedules City of Tampa – Schedule of All To-Be-Utilized Sub-(Contractors/Consultants/Suppliers) (FORM MBD-20) Contract No.: 24-P-00227 Contract Name: AUTOMATED SPEED DETECTION FOR SCHOOL ZONE SAFETY ENFORCEMENT, RFP #61122923 Company Name: Address: Federal ID: Phone: Fax: Email: Check applicable box(es). Detailed Instructions for completing this form are on page 4 of 4. [ ] See attached list of additional Firms Utilized and all supplemental information (List must comply to this form) Note: Form MBD-20 must list ALL subcontractors To-Be-Utilized including Non-minority/small businesses [ ] No Subcontracting/consulting (of any kind) will be performed on this contract. [ ] No Firms are listed to be utilized because: NIGP Code General Categories: Buildings = 909, General = 912, Heavy = 913, Trades = 914, Architects = 906, Engineers & Surveyors = 925, Supplier = 912-77 Enter “S” for firms Certified as Small Local Business Enterprises, “W” for firms Certified as Women/Minority Business Enterprise, “O” for Other Non-Certified S=SLBE W=WMBE O=Neither Company Name Address Phone, Fax, Email Type of Ownership (F=Female M=Male) BF BM = African Am. HF HM = Hispanic Am. AF AM = Asian Am. NF NM = Native Am. CF CM = Caucasian Trade, Services, or Materials NIGP Code Listed above $ Amount of Quote. Letter of Intent (LOI) if available Percent of Scope or Contract % Federal ID Total ALL Subcontract / Supplier Utilization $____________________ Total SLBE Utilization $ _____________________________________ Total WMBE Utilization $ ____________________________________ Percent SLBE Utilization of Total Bid/Proposal Amt. _____% Percent WMBE Utilization of Total Bid/Proposal Amt. _____% It is hereby certified that the following information is a true and accurate account of utilization for sub-contracting opportunities on this Contract. Signed: Name/Title: Date: Failure to Complete, Sign and Submit Both Forms 10 & 20 SHALL render the Proposal Non-Responsive Forms must be included with Proposal. MBD 20 rev./effective 02/2016 Failure to Complete, Sign and Submit this form with your Proposal Shall render the Proposal Non- Responsive. 1373 46 Page 4 of 4 DMI – Solicited/Utilized Instructions for completing The Sub-(Contractors/Consultants/ Suppliers) to be Utilized Form (Form MBD-20) This form must be submitted with all bids or proposals. All subcontractors (regardless of ownership or size) projected to be utilized must be included on this form. Note: Ability or desire to self-perform all work shall not exempt the prime from Good Faith Efforts to achieve participation. Contract No. This is the number assigned by the City of Tampa for the bid or proposal. • Contract Name. This is the name of the contract assigned by the City of Tampa for the bid or proposal. • Contractor Name. The name of your business and/or doing business as (dba) if applicable. • Address. The physical address of your business. • Federal ID. FIN. A number assigned to your business for tax reporting purposes. • Phone. Telephone number to contact business. • Fax. Fax number for business. • Email. Provide email address for electronic correspondence. • No Subcontracting/consulting (of any kind) will be performed on this contract. Checking box indicates your business will not use subcontractors when no Subcontract Goal or Participation Plan Requirement was set by the City but will self-perform all work. When subcontractors are utilized during the performance of the contract, the “Sub-(Contractors/Consultants/Suppliers) Payments” form (MBD Form-30) must be submitted with every pay application and invoice. Note: certified SLBE or WMBE firms bidding as Primes are not exempt from outreach and solicitation of subcontractors, including completion and submitting Form-10 and Form-20. • No Firms listed To-Be-Utilized. Check box; provide brief explanation why no firms were retained when a goal or participation plan requirement was set on the contract. Note: mandatory compliance with Good Faith Effort outreach (GFECP) requirements applies (MBD Form-50) and supporting documentation must accompany the bid. • See attached documents. Check box, if after completing the DMI Form in its entirety, you need more space to list additional firms and/or if you have supplemental information/documentation relating to the scope/value/percent utilization of subcontractors. Reproduce copies of MBD-20 and attach. All data not submitted on duplicate forms must be in the same format and content as specified in these instructions. The following instructions are for information of Any and All subcontractors To Be Utilized. • Federal ID. FIN. A number assigned to a business for tax reporting purposes. This information is critical in proper identification of the subcontractor. • “S” = SLBE, “W” = WMBE. Enter “S” for firms Certified by the City as Small Local Business Enterprises and/or “W” for firms Certified by the City as Women/Minority Business Enterprise; “O” = Non-certified others. • Company Name, Address, Phone & Fax. Provide company information for verification of payments. • Type of Ownership. Indicate the Ethnicity and Gender of the owner of the subcontracting business. • Trade, Services, or Materials (NIGP code if Known) Indicate the trade, service, or material provided by the subcontractor. Abbreviated list of NIGP is available at http:/www.tampagov.net/mbd “Information Resources”. • Amount of Quote, Letters of Intent (required for both SLBEs and WMBEs). • Percent of Work/Contract. Indicate the percent of the total contract price the subcontract(s) represent. For CCNA only (i.e., Consultant A/E Services) you must indicate subcontracts as percent of total scope/contract. • Total Subcontract/Supplier Utilization. – Provide total dollar amount of all subcontractors/suppliers projected to be used for the contract. (Dollar amounts may be optional in CCNA depending on solicitation format). • Total SLBE Utilization. Provide total dollar amount for all projected SLBE subcontractors/Suppliers used for this contract. (Dollar amounts may be optional in CCNA proposals depending on the solicitation format). • Total WMBE Utilization. Provide total dollar amount for all projected WMBE subcontractors/Suppliers used for this contract. (Dollar amounts may be optional in CCNA proposals depending on the solicitation format). • Percent SLBE Utilization. Total amount allocated to SLBEs divided by the total bid/proposal amount. • Percent WMBE Utilization. Total amount allocated to WMBEs divided by the total bid/proposal amount. For additional information visit the Equal Business Opportunity Office website at www.tampagov.net/ebo 1374 47 City of Tampa – DMI Sub-(Contractors/Consultants/Suppliers) Payments [ ] Partial [ ] Final (FORM MBD-30) Contract No.: 24-P-00227 WO#,(if any): Contract Name: AUTOMATED SPEED DETECTION FOR SCHOOL ZONE SAFETY ENFORCEMENT, RFP #61122923 Contractor Name: Address: Federal ID: Phone: Fax: Email: GC Pay Period: Payment Request/Invoice Number: City Department: Total Amount Requested for pay period: $ Total Contract Amount (including change orders):$ -Type of Ownership - (F=Female M=Male), BF BM = African Am., HF HM = Hispanic Am., AF AM = Asian Am., NF NM = Native Am., CF CM = Caucasian S = SLBE Type Company Name Address Phone & Fax Total Subcontract Or PO Amount Amount Paid To Date Amount To Be Paid For This Period Trade/Work Activity []Sub []Supplier Amount Pending Previously Reported Sub Pay Period Ending Date Federal ID $ $ $ $ $ $ $ $ $ $ $ $ Certification: I hereby certify that the above information is a true and accurate account of payments to subcontractors/consultants on this contract. Signed: Name/Title: Date: (Modifying This Form or Failure to Complete and Sign May Result in Non-Compliance) DMI form 30 (rev. 10/01/12) Note: Detailed Instructions for completing this form are on the next page 1375 48 Instructions for completing The DMI Sub- (Contractors/Consultants/ Suppliers) Payment Form (Form MBD-30) This form must be submitted with all invoicing or payment requests where there has been subcontracting rendered for the pay period. If applicable, after payment has been made to the subcontractor, “Waiver and Release of Lien upon Progress Payment”, “Affidavit of Contractor in Connection with Final Payment”, or an affidavit of payment must be submitted with the amount paid for the pay period. The following will detail what data is required for this form. The instructions that follow correspond to the headings on the form required to be completed. (Modifying or omitted information from this form my result in non-compliance). • Contract No. This is the number assigned by the City of Tampa for the bid or proposal. • W.O.# If the report covers a work order number (W.O.#) for the contract, please indicate it in that space. • Contract Name. This is the name of the contract assigned by the City of Tampa for the bid or proposal. • Contractor Name. The name of your business. • Address. The physical address of your business. • Federal ID. A number assigned to a business for tax reporting purposes. • Phone. Telephone number to contact business. • Fax. Fax number for business. • Email. Provide email address for electronic correspondence. • Pay Period. Provide start and finish dates for pay period. (e.g. 05/01/13 – 05/31/13) • Payment Request/Invoice Number. Provide sequence number for payment requests. (ex. Payment one, write 1 in space, payment three, write 3 in space provided.) • City Department. The City of Tampa department to which the contract pertains. • Total Amount Requested for pay period. Provide all dollars you are expecting to receive for the pay period. • Total Contract Amount (including change orders). Provide expected total contract amount. This includes any change orders that may increase or decrease the original contract amount. • Signed/Name/Title/Date. This is your certification that the information provided on the form is accurate. • See attached documents. Check if you have provided any additional documentation relating to the payment data. Located at the bottom middle of the form. • Partial Payment. Check if the payment period is a partial payment, not a final payment. Located at the top right of the form. • Final Payment. Check of this period is the final payment period. Located at the top right of the form. The following instructions are for information of any and all subcontractors used for the pay period. • (Type) of Ownership. Indicate the Ethnicity and Gender of the owner of the subcontracting business or SLBE. • Trade/Work Activity. Indicate the trade, service, or material provided by the subcontractor. • Subcontractor/Subconsultant/Supplier. Please indicate status of firm on this contract. • Federal ID. A number assigned to a business for tax reporting purposes. This information is critical in proper identification of the subcontractor. • Company Name, Address, Phone & Fax. Provide company information for verification of payments. • Total Subcontract Amount. Provide total amount of subcontract for subcontractor including change orders. • Amount Paid To Date. Indicate all dollars paid to date for the subcontractor. • Amount Pending, Previously Reported. Indicate any amount previously reported that payments are pending. • Amount To Be Paid for this Period. Provide dollar amount of dollars requested for the pay period. • Sub Pay Period Ending Date. Provide date for which subcontractor invoiced performed work. Forms must be signed and dated or will be considered incomplete. The company authorized representative must sign and certify the information is true and accurate. Failure to sign this document or return the document unsigned can be cause for determining a company is in non-compliance of Ordinance 2008-89. For additional information visit the Equal Business Opportunity Office website at www.tampagov.net/ebo 1376 49 City of Tampa Official Letter of Intent (Form MBD-40) A Letter of Intent is required for each WMBE/SLBE listed on the Schedule of Subcontractors to be Utilized (MBD 20 Form). Letter of Intent must be signed by both the Proposer and WMBE/SLBE firm. Proposal/Contract Number: Proposal/Contract Name: A. To be completed by the Proposer Name of Bidder: Address: Contact Person: Telephone: Fax: Email: B. To be completed by WMBE/SLBE Name of WMBE/SLBE: Address: Contact Person: Telephone: Fax: Email: C. Identify the scope of work to be performed or item(s) to be supplied by the WMBE/SLBE. On unit price bids, identify to which bid line item the WMBE/SLBE’s work scope or supply corresponds: D. Cost of work to be performed by WMBE/SLBE: E. Cost of work to be performed by WMBE/SLBE as a percent of total City contract amount: $ Proposer certifies that it intends to utilize the WMBE/SLBE listed above, and that the work described above is accurate. Proposer will provide City with copy of the related subcontract agreement and/or purchase order prior to commencement of the WMBE/SLBE’s work. The WMBE/SLBE firm certifies that it has agreed to provide such work/supplies for the amount stated above. Proposer: Date: Signature and Title WMBE/SLBE Firm: Date: Signature and Title Rev. 10/12/12 MBD 40 1377 50 Official Letter of Intent Instructions City of Tampa Equal Business Opportunity Program The Official Letter of Intent must be submitted to the soliciting department within ten (10) workdays of the RFP opening, prior to award. Not providing all letters of intent within the prescribed time frame may be caused to delay award or declare the bid to be non-responsive. Proposal/Contract Number- Please provide proposal/contract number provided by City of Tampa procuring department. Proposal/Contract Name – Please provide proposal/contract name provided by City of Tampa procuring department. To be Completed by the Proposer – Please provide prime contractor or proposers detailed company information as indicated. To be completed by the WMBE/SLBE – Please provide WMBE/SLBE subcontractor detailed company information as indicated. Proposer is to Identify the scope of work to be performed or item(s) to be supplied by the WMBE/SLBE. On unit price bids identify, which bid line item the WMBE/SLBE’s scope of work or supply corresponds – Please provide details of the services or supplies the WMBE/SLBE will provide. Cost of work to be performed by WMBE/SLBE – Provide agreed upon estimate of work or supplies total price (Unit prices are accepted if specific quantities have yet to be determined). Proposer – Signature of authorized agent for the prime contractor or Proposer with date signed. WMBE/SLBE firm – Signature of authorized agent for the WMBE/SLBE subcontractor or supplier with date signed. Contract Confirmation – A copy of the executed subcontract agreement and/or purchase order with the WMBE/SLBE must be filed with the City of Tampa immediately upon execution and/or prior to commencement of work by WMBE/SLBE. 1378 51 1379 52 EBO Guidelines for Evaluation Points on Request for Proposals Points Pursuant to Designated Industry Category: Non-Professional Services FORM MBD-71 (Refer to MBD Form 70) Evaluation Criteria Point Values A. Underutilized WMBE Firms participating as the Prime Contractor (City of Tampa Certified Only) 20 B. City of Tampa Certified SLBE firms participating as the Prime Contractor, which include City of Tampa Certified WMBE/SLBE sub-(contractor, consultant) participation 5 - 15 C. Non-City of Tampa Certified WMBE/SLBE Prime Contractor with meaningful sub-(contractor, consultant) participation by City Certified Underutilized WMBE and/or SLBE firms 1 - 15 D. * External agency WMBE/SLBE/DBE certifications recognized by City of Tampa for designated RFP, RFQ, RFI solicitations 0 – 7 NOTE: The maximum points available for WMBE and/or SLBE participation will not exceed twenty (20) Points are determined as follows (Requires Form 50-GFE): A. A maximum of twenty (20) rating points may be awarded when the Proposer is a City of Tampa Certified WMBE firm deemed underutilized within the industry category established by the RFQ. B. A maximum of fifteen (15) rating points may be awarded when the Proposer is a City of Tampa certified SLBE with meaningful participation by City certified WMBE/SLBE sub- contractors/consultants. C. One to Fifteen (1-15) rating points may be awarded when the Proposer is not a City of Tampa certified WMBE/SLBE prime contractor but utilizes either Underutilized WMBE and/or SLBE certified firm(s) as sub- contractors/consultants and assigned to perform meaningful segments of the contractual services detailed herein and documented on the enclosed MBD Form 10-20. D. A maximum of seven (7) “discretionary” rating points may be awarded when the Proposer provides WMBE/SLBE participation from an external agency recognized by the City. Discretionary points may be awarded for ancillary participation (see definition). The point values for ancillary participation may be subordinate to weighted values outlined in categories A, B and C above. NOTE: *WMBE participation is narrowly tailored (per policy) to target underutilization of affected groups in specific trade/industry categories. Any WMBE/SLBE achievement that was not designated on MBD Form 70 is considered ancillary. Ancillary participation may be counted with overall participation and credited to your rating points when underutilization criteria are met. The maximum number of points available for WMBE and/or SLBE participation will not exceed a total of twenty (20) points. 1380 53 EBO Guidelines for Evaluation Points on Request for Proposals Such inclusion shall be clearly addressed and documented utilizing Forms MBD 10 & 20. Proof of certification shall include copies of current certification certificates. In order to ensure the maximum points, a proposer must clearly identify and quantify its planned participation without ambiguity. Simply marking “To Be Determined” (TBD) will not satisfy this requirement and may receive significantly lower ratings. Finally, additional favorable consideration will be granted to the firm(s) that beyond all others, provide(s) the highest relevant and most binding participation. The evaluation includes but is not limited to the following criteria: • Diversity of WMBE/SLBE subcontractors listed to be utilized (MBD Form 20) • Percentage of proposal/scope committed to WMBE/SLBE subcontracting • The collective factors in determining the total points awarded will be based on the overall weight of evidence in the proposal that specified the participation. In all cases, the Proposer and/or subcontractor(s) must be WMBE and/or SLBE certified prior to the opening date and time of the RFP to be eligible to earn WMBE/SLBE rating points. The evaluation process of WMBE and SLBE participation will be evaluated by the City of Tampa’s Office of Equal Business Opportunity. The Successful Proposer will be required to execute MBD Form 40 (Letter of Intent-LOI) with their subcontractors/sub-consultants prior to award. 1381 54 ATTACHMENT A - PROPOSAL SUBMITTAL CHECK LIST The Proposer is cautioned to read and become familiar with all sections of the City of Tampa’s (City) RFP package. Failure to do so may result in the submission of an irregular RFP response by the Proposer resulting in its possible rejection by the City. The following itemized checklist identifies various items that are mandatory requirements in order to accept the Proposer’s response to the City’s RFP. No representation is made that the following checklist is a complete guide to every requirement for consideration by the Proposer. It is the responsibility of the Proposer to complete the Check List, identify the proposal page number and submit in the proposal under Section II. General Conditions, Section 14. Content of Proposal. MANDATORY REQUIREMENTS PAGE NUMBER IN PROPOSAL TAB 1 ADDENDA TAB 2 FLORIDA PUBLIC RECORDS LAW ATTACHMENT B. Form is filled out and executed. TAB 3 CONFLICT OF INTEREST ATTACHMENT C. Form is filled out and executed. TAB 4 RESPONSE TO PROPOSAL TAB 5 SECTION 1, SCOPE OF SERVICES TAB 6 REFERENCES TAB 7 GENERAL STATEMENT OF EXPERIENCE TAB 8 GENERAL OPERATING PROCEDURES & GUIDELINES (MANAGEMENT PLAN, OPERATIONS PLAN, QUALITY CONTROL PLAN, ETC…. TAB 9 SECTION IV. SUB-CONTRACTING FORMS Form MBD 10 - Solicited Form is filled out and executed. Form MBD 20 - Utilized Form is filled out and executed. Failure to submit these forms shall result in your bid being deemed as “non-responsive” TAB 10 COMPENSATION SECTION III. PROPOSER’S AFFIDAVIT FORM (TAB 11) Form is filled out, executed and notarized. SECTION III. PROPOSAL SIGNATURE FORM (TAB 12) Form is filled out and executed. TAB 13 Proposer’s Criminal History Screening Practices, documentation if applicable ______________ Proposal is submitted in the format required under Section 14. Content of Proposal? 1382 55 Respondent’s Statement Regarding Respondent’s Criminal History Screening Practices: ☐ The Respondent hereby declines any discount or incentive related to Section 2-284 Bidder's Criminal History Screening Practices. ☐ The Respondent hereby declines any discount or incentive related to Section 2-284 Bidder's Criminal History Screening Practices; however, Proposer has Criminal History Screening practices similar in nature to the practices contained in Chapter 12, Article VI, City of Tampa Code of Ordinances. ☐ The Respondent hereby applies for applicable discount or incentive related to Section 2-284 Bidder's Criminal History Screening Practices. The following documentation and assurances are provided: __ Notarized past employment analysis that includes the number of disadvantaged workers the Respondent has hired in the past, or, if the Respondent has never hired a disadvantaged worker, an explanation that the Respondent made a good faith effort to hire a disadvantaged worker: and, __ An estimate of the number of disadvantaged workers that the Respondent has hired or plans to hire if the Respondent is awarded the project; and, __ Evidence that the Respondent's recruitment literature and employment policy does not include language that is disadvantageous to a disadvantaged worker. __ Identifies, [ ] hereon [ ]in attached document, potential job opportunities under the project that may be available for disadvantaged workers if the City awards the Respondent the project; and, __ Agrees to consider for job placement at least one otherwise qualified disadvantaged worker, to the extent a job opportunity is available, if and after the Respondent is awarded the project; or __ The Respondent currently employs a percentage of disadvantaged workers consistent with industry standards as determined by the director of the soliciting department or designee. 1383 56 ATTACHMENT B - PUBLIC RECORD DECLARATION OR CLAIM OF EXEMPTION As a Proposer, any document you submit to the City of Tampa may be public record and be open for personal inspection or copying by any person. In Florida “public records” are defined as all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made, or received pursuant to law or ordinance or in connection with the transaction of official business by any agency. Section 119.011(11), F.S. A document is subject to personal inspection and copying unless it falls under one of the public records exemptions created under Florida law. Please designate what portion of your proposal, if any, qualifies to be exempt from inspection and copying: Note: Execute either section I. or II., but not both; Proposer may not modify language. Information regarding the Florida Public Records Law can be located in the RFP under Section II. General Conditions, Section 1. General Information, Subsection 14.4 Florida Public Records Law. I. NO EXEMPTION FROM PUBLIC RECORDS LAW No part of the proposal submitted is exempt from disclosure under the Florida public records law, Ch. 119, F.S. Proposer’s Signature Date II. EXEMPTIOM FROM PUBLIC RECORDS LAW AND AGREEMENT TO INDEMNIFY AND DEFEND THE CITY OF TAMPA The following parts of the proposal submitted are exempt from disclosure under the Florida public records law because: (list exempt parts and statutory citation): By claiming that parts of the proposal are exempt from the public records law, the undersigned Proposer agrees to protect, defend, indemnify, and hold the City of Tampa, its officers, employees, and agents free and harmless from and against any and all claims arising out of a request to inspect or copy the proposal. The undersigned Proposer agrees to investigate, handle respond to, provide defense (including payment of attorney fees, court costs, and expert witness fees and expenses up to and including any appeal) for and defend any such claim at its sole cost and expense through counsel chosen by the City of Tampa and agrees to bear all other costs and expenses related thereto, even if they (claims, etc.) are groundless, false, or fraudulent. Proposer’s Signature Date 1384 57 ATTACHMENT C - CONFLICT OF INTEREST DISCLOSURE FORM For purposes of determining any possible conflict of interest, all proposers, must disclose if any elected or appointed officer of the City of Tampa, City of Tampa employee(s), or any immediate family member* or close personal relation** of an elected or appointed officer of the City of Tampa or City employee(s) is also an owner, corporate officer, agent, employee, stockholder, or has a controlling financial interest***, etc., of their business. *Immediate family means spouse, parents and children of the person involved. **Close personal relationship means dating, cohabitation, and/or having an intimate sexual relationship. Dating includes but is not limited to casual dating, serious dating, or casual sexual involvement where the parties have no intention of carrying on a long-term relationship, cohabitation, and any other conduct or behavior normally associated with romantic or sexual relationships. This definition applies regardless of the sexual orientation of the employees involved. Persons involved in a close personal relationship shall be referred to as a "close personal relation." ***Controlling financial interest means ownership, directly or indirectly, to ten (10) percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten (10) percent or more in a firm, partnership, or other business entity or such other interest or position in a business entity sufficient to allow him or her to control its operations. Indicate either “yes” (a City employee, elected or appointed official is also associated with your business), or “no”. If yes, give person(s) name(s) and position(s) with your business. YES _____ NO _____ NAME(S) / POSITION(S) _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ FIRM NAME: _____________________________________________________________ ___ BY (PRINTED NAME): ________________________________________________________________ BY (SIGNATURE): ___________________________________________________________________ TITLE: ____________________________________________________________________________ DATE: 1385 58 ATTTACHMENT D GPC LISTING City of Plant City Purchasing Manager Drawer C Plant City, FL 33563 813-659-4270 - Telephone 813-659-4216 - Fax Hillsborough Community College 39 Columbia Drive Tampa, FL 33606 813-253-7060 – Telephone 813-253-7561 – Fax Tampa Sports Authority 4201 N. Dale Mabry Highway Tampa, FL 33607 813-673-4300 – Telephone 813-673-4312 – Fax City of Temple Terrace P.O. Box 16930 Temple Terrace, FL 33687 813-506-6420 – Telephone 813-989-7185 – Fax Hillsborough County Board of County Commissioners 601 E. Kennedy Blvd., 25th Floor Tampa, FL 33601 Phone: (813) 272-5790 FAX: (813) 272-6290 procurementservices@hillsboroughco unty.org Tax Collector 601 E. Kennedy Blvd., 14th Floor Tampa, FL 33602 Phone: (813) 307-6222 FAX: (813) 307-6521 www.hillstax.org Clerk of Circuit Court 601 E. Kennedy Blvd.-13th Floor P.O. Box 1110 Tampa, FL 33601 Phone: (813) 276-8100 Ext.7721 FAX: (813) 272-5521 www.hillsclerk.com Hillsborough Co. Sheriff’s Office P.O. Box 3371 Tampa, FL 33601 813-247-8032 – Telephone 813-242-1825 – Fax The Children's Board of Hills. County 1002 E. Palm Avenue Tampa, FL 33605 Phone: (813) 229-2884 FAX: (813) 228-8122 www.childrensboard.org Tampa-Hillsborough County Expressway Authority 1104 East Twiggs St. Suite #300 Tampa, Florida 33602 813-272-6740 – Telephone 813-276-2492 – Fax State Attorney’s Office 800 E. Kennedy Blvd., 5th Floor Tampa, FL 33602 813-272-5400 – Telephone 813-272-7014 – Fax University of South Florida Purchasing Services 4202 E Fowler Ave SVC-1072 Tampa, FL 33620 813-971-3340 – Telephone Hillsborough Area Regional Transit Authority 4305 E. 21st Street Tampa, FL 33605 813-623-5835 – Telephone 813-664-1119 – Fax Tampa Port Authority P.O. Box 2192 Tampa, FL 33601 813-905-5164 – Telephone 813-905-5109 – Fax Property Appraiser 601 E. Kennedy Blvd., 16th Floor Tampa, FL 33602 Phone: (813) 272-6100 FAX: (813) 272-5519 www.hcpafl.org Hillsborough Co. Aviation Authority P. O. Box 22287 Tampa International Airport Tampa, FL 33622-2287 Phone: (813) 870-8730 FAX: (813) 875-6670 www.tampaairport.com Supervisor of Elections 601 E. Kennedy Blvd., 16th Floor Tampa, FL 33602 Phone: (813) 276-8274 FAX: (813) 272-7043 www.votehillsborough.org Tampa Palms Community Dev. Dist. 16311 Tampa Palms Blvd W Tampa, FL 33647 Phone: (813) 977-3933 Fax: (813) 977-6571 www.tpoa.net 1386 59 Hillsborough County School Board P. O. Box 3408 Tampa, FL 33601-3408 Phone: (813) 272-4329 FAX: (813) 272-4007 www.sdhc.k12.fl.us City of Tampa Housing Auth. 1514 Union Street Tampa, FL 33607 813-253-0551 – Telephone 813-4522 – Fax 1387 60 EXHIBIT 1 - CITY OF TAMPA INSURANCE REQUIREMENTS Prior to commencing any work or services or taking occupancy under that certain written agreement or award (for purposes of this document, Agreement) between the City of Tampa, Florida (City) and Firm/Awardee/Successful Proposer/Contractor/Consultant/Lessee/non-City party, etc. (for purposes of this document, Firm) to which this document is attached and incorporated as an Exhibit or otherwise, and continuing during the term of said Agreement (or longer if the Agreement and/or this document so requires), Firm shall provide, pay for, and maintain insurance against claims which may arise from or in connection with the performance of the Agreement (including without limitation occupancy and/or use of certain property/premises) by Firm, its agents, representatives, employees, suppliers, subtenants, or subcontractors (which term includes sub-consultants, as applicable) of any tier subject to the terms and conditions of this document. Should at any time Firm not maintain the insurance coverages required, City at its sole option (but without any obligation or waiver of its rights) may terminate the Agreement. All provisions intended to survive or to be performed subsequent to the expiration or termination of the Agreement shall survive, including without limitation Firm’s obligation to maintain or renew coverage, provide evidence of coverage and certified copies of policies, etc. upon City’s request and/or in response to a potential claim, litigation, etc. The following coverages are required: (“M” indicates million(s), for example $1M is $1,000,000) A. Commercial General Liability (CGL) Insurance on the most current Insurance Services Office (ISO) Form CG 00 01 or its equivalent on an “occurrence” basis (Modified Occurrence or Claims Made forms are not acceptable without prior written consent of the City). Coverage must be provided to cover liability contemplated by the Agreement including without limitation premises and operations, independent contractors, contractual liability, products and completed operations, property damage, bodily, personal, and advertising injury, contractual liability, explosion, collapse, underground coverages, personal injury liability, death, employees-as-insureds. Products and completed operations liability coverage maintained for at least 3 years after completion of work. Limits shall not be less than $1M per occurrence and $2M general aggregate for Agreements valued at $2M or less; if valued over $2M, a general aggregate limit that equals or exceeds the Agreement’s value. If a general aggregate limit applies, it shall apply separately to the project/location (ISO CG 25 03 or 25 04 or equivalent). B. Automobile Liability (AL) Insurance in accordance with Florida law, as to the ownership, maintenance, and use of all owned, non-owned, leased, or hired vehicles. AL insurance shall not be less than: (a) $500,000 combined single limit each occurrence bodily injury and property damage for Agreements valued at $100,000 or less or (b) $1M combined single limit each occurrence bodily injury and property damage for Agreements valued over $100,000. If transportation of hazardous material involved, the MCS-90 endorsement (or equivalent). C. Worker's Compensation (WC) & Employer's Liability Insurance for all employees engaged under the Agreement, Worker’s Compensation as required by Florida law. Employer’s Liability with minimum limits of (a) $500,000 bodily injury by accident and each accident, bodily injury by disease policy limit, and bodily injury by disease each employee for Agreements valued at $100,000 and under or (b) $1M bodily injury by accident and each accident, bodily injury by disease policy limit, and bodily injury by disease each for all other Agreements. D. Excess (Umbrella) Liability Insurance for Agreements valued at $2M or more, at least $4M per occurrence in excess of underlying limits and no more restrictive than underlying coverage for all work performed by Firm. May also compensate for a deficiency in CGL, AL, or WC. Firm affirmatively states that the insurance requirements as set forth above are of adequate types and amounts of insurance coverage for any type of claim/loss for the proposed work or services. ACCEPTABILITY OF INSURERS - Insurance is to be placed with insurers admitted in the State of Florida and who have a current A.M. Best rating of no less than A-: VII or, if not rated by A.M. Best, as otherwise approved by the City in advance and in writing. 1388 61 ADDITIONAL INSURED - City, its elected officials, departments, officers, officials, and employees shall be covered as additional insureds on all liability coverage (e.g., CGL, AL, and Excess (Umbrella) Liability) as to liability arising out of work or operations performed by or on behalf of Firm including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of Firm. Coverage can be provided in the form of an endorsement to Firm’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 10 20, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 if later revisions used). CANCELLATION/NON-RENEWAL – Each insurance policy shall provide that at least 30 days written notice must be given to City of any cancellation, intent to non-renew, or material reduction in coverage (except aggregate liability limits) and at least 10 days’ notice for non-payment of premium. Firm shall also have an independent duty to notify City in like manner, within 5 business days of Firm’s receipt from its insurer of any notices of same. If any policy’s aggregate limit is reduced, Firm shall directly take steps to have it reinstated. Notice and proof of renewal/continued coverage/certifications, etc. shall be sent to the City’s notice (or Award contact) address as stated in the Agreement with a copy to the following: (1) Purchasing Department, 306 E Jackson Street, Tampa, FL 33602 (2) Other: City of Tampa Insurance Compliance c/o Ebix BPO, PO Box 100085- ZS, Duluth, GA 30096 CERTIFICATE OF INSURANCE (COI) AND ENDORSEMENTS – to be provided to City by insurance carrier prior to Firm beginning any work/services or taking occupancy and, if the insurance expires prior to completion of the work or services or Agreement term (as may be extended), a renewal COI at least 30 days before expiration to the above address(es). COIs shall specifically identify the Agreement and its subject (project, lease, etc.), shall be sufficiently comprehensive to ensure City (named as additional insured) and Firm and to certify that coverage extends to subcontractors’ acts or omissions, and as to permit the City to determine the required coverages are in place without the responsibility of examining individual policies. Certificate Holder must be The City of Tampa, Florida. CLAIMS MADE – If any liability insurance is issued on a claims made form, Firm agrees to maintain such coverage uninterrupted for at least 3 years following completion and acceptance of the work either through purchase of an extended reporting provision or purchase of successive renewals. The Retroactive Date must be shown and be a date not later than the earlier of the Agreement date or the date performance/occupancy began thereunder. DEDUCTIBLES/ SELF-INSURED RETENTIONS (SIR) – must be disclosed to City and, if over $500,000, approved by the City in advance and in writing, including at City’s option being guaranteed, reduced, or eliminated (additionally if an SIR provides a financial guarantee guaranteeing payment of losses and related investigations, claim administration, and defense expenses). Firm shall be fully responsible for any deductible or SIR (without limiting the foregoing a policy with an SIR shall provide or be endorsed to provide that the SIR may be satisfied by either the City or named insured). In the event of loss which would have been covered but for a deductible or SIR, City may withhold from any payment due Firm, under any agreement with the City, an amount equal to same to cover such loss should full recovery not be obtained under the policy. PERFORMANCE – All insurance policies shall be fully performable in Hillsborough County, Florida (the County), and construed in accordance with Florida law. Further, all insurance policies must expressly state that the insurance company will accept service of process in the County and that the exclusive venue for any action concerning any matter under those policies shall be in the appropriate state court of the County. PRIMARY POLICIES - Firm’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as to the City, its elected officials, departments, officers, and employees. Any insurance or self-insurance maintained by the City, its elected officials, departments, officers, and employees shall be excess of the Firm’s insurance and shall not contribute with it. UNAVAILABILITY – To the fullest extent permitted by law, if Firm is out of business or otherwise unavailable at the time a claim is presented to City, Firm hereby assigns to the City all its right, title, and interest (but not any liabilities or obligations) under any applicable policies of insurance. WAIVER OF SUBROGATION – With regard to any policy of insurance that would pay third party losses, Firm hereby grants City a waiver of any right to subrogation which any insurer of Firm may acquire against the City by virtue of the payment of any loss under such insurance. Firm agrees to obtain any endorsement that may be necessary to affect such waiver, but this provision shall apply to such policies regardless. Revised 10/5/2022 1389 Getall | Procurement & Contracts https://erfp.integratise.com/getall/purchasers/sol_reports_comments.asp?v=50&s=1147&i=i&b=&ven=10802[5/3/2024 2:35:47 PM] Powered By Sysoft Welcome - City of Tampa | Logout SCAW Solicitation Sup View Evaluation Eval View Contract Management Spend Analytics Supplier Performance KPI Help User Guides FAQs Videos Support Solicitation Evaluation Solicitation: 61122923 - AUTOMATED SPEED DETECTION FOR SCHOOL ZONE SAFETY ENFORCEMENT, Evaluator Comments Qualifications & Experience of Firm & Staff Criterion: Qualifications and Experience of Firm and Staff VERRA MOBILITY PATRICK MESSMER: No issues noted. BENJAMIN BROWN: This staff is experienced with people that have been in the business a long time. DEMETRIUS GERMAN : Verra Mobility has previous contracting experience with Tampa and currently supports photo enforcement programs in ten counties in the State of Florida. Verra Mobility brings decades of experience working with the Florida Department of Transportation and cities to provide and install the required signage for our programs. JOSIE RUBIANO: 20 yrs 11 yrs in Florida JAE-SANG LEE: Overall the company has long history and experience. Limited school zone speed detection program SAJAN PATEL: -- Criterion: Qualifications and Experience of Firm and Staff REDSPEED PATRICK MESSMER: Many speed detection clients, not many large/Florida clients noted. BENJAMIN BROWN: The company appears to be very experienced with a very large staff. DEMETRIUS GERMAN : RedSpeed has more than 14yrs of experience in the field with Red Light Cameras. Redspeed serves seventy communities within Georgia. JOSIE RUBIANO: First in Florida; in GA JAE-SANG LEE: Overall the company has long history and experience. Did not provide any school zone speed detection experience. SAJAN PATEL: -- Criterion: Qualifications and Experience of Firm and Staff CONDUENT PATRICK MESSMER: Lots of litigation. Headline/reputational risk of doing business due to SunPass issues. 1390 Getall | Procurement & Contracts https://erfp.integratise.com/getall/purchasers/sol_reports_comments.asp?v=50&s=1147&i=i&b=&ven=10802[5/3/2024 2:35:47 PM] BENJAMIN BROWN: They appear to have limited experience in the business at the management levels. DEMETRIUS GERMAN : contract with the City of Miami Beach. Spanning more than 12 years for red light enforcement. JOSIE RUBIANO: 28 yrs of experience JAE-SANG LEE: Overall the company has long history and experience. Did not provide any school zone speed detection experience. SAJAN PATEL: -- Criterion: Qualifications and Experience of Firm and Staff NOVOAGLOBAL, INC. PATRICK MESSMER: Limited Florida clients and unsure of the experience level of the support staff BENJAMIN BROWN: The staff is very qualified with many years in the business. They appear to be a European based company. DEMETRIUS GERMAN : 75% of the employees have been with the company for over 5 years. JOSIE RUBIANO: staff has 10-18 yrs in photo enforcement JAE-SANG LEE: Overall the company has long history and experience. Limited school zone speed detection program SAJAN PATEL: -- Responsiveness to the Scope of Services Criterion: Responsiveness to the Scope of Services VERRA MOBILITY PATRICK MESSMER: Responsive, but added exceptions. BENJAMIN BROWN: They have responded to all questions under the scope of services. DEMETRIUS GERMAN : 4D radar technology operates in all weather conditions and provides quality images and video day and night with 99.9% calibration and capture accuracy. Our camera will be able to capture images of drivers and passengers. Captured images of the driver or passengers can be blurred, if requested. However, our proposed technology has the capability for driver images to be captured if allowed by state statutes. JOSIE RUBIANO: very in depth JAE-SANG LEE: Provided responses to every item in the scope of services SAJAN PATEL: -- Criterion: Responsiveness to the Scope of Services REDSPEED PATRICK MESSMER: Can likely meet timeline. No issues noted. BENJAMIN BROWN: The company appears to have answered all questions regarding the scope of services. DEMETRIUS GERMAN : Performs all necessary needed testing. Provides and installs all signage and equipment. Maintains all 1391 Getall | Procurement & Contracts https://erfp.integratise.com/getall/purchasers/sol_reports_comments.asp?v=50&s=1147&i=i&b=&ven=10802[5/3/2024 2:35:47 PM] equipment, documentation, certifications, and permissions. JOSIE RUBIANO: very in depth JAE-SANG LEE: Provided general responses to the scope. Did not provide responses to each item. SAJAN PATEL: -- Criterion: Responsiveness to the Scope of Services CONDUENT PATRICK MESSMER: 160+ day implementation, key issue since date in RFP is 8/12. BENJAMIN BROWN: They appear to have answered all of the questions in reference to the scope of services. Could not meet the time line DEMETRIUS GERMAN : Conduent affirms its qualifications and understanding to fully manage the City’s SDS project. Our proposal also confirms, we will implement Chapter 2023 174, Laws of Florida as outlined in Section I, Scope of Services. DriveSafe has a number of distinct features such as: bidirectional enforcement and does not require multiple systems to be installed, each of the three independent cameras can rotate a full 360 degrees as well as pan, tilt, and zoom for live viewing of your speed zones, and surrounding area. JOSIE RUBIANO: in depth JAE-SANG LEE: Provided responses to every item in the scope of services SAJAN PATEL: -- Criterion: Responsiveness to the Scope of Services NOVOAGLOBAL, INC. PATRICK MESSMER: Likely cannot meet 8/12 deadline since their timetable relied upon a 5/1 execution date. Wants to use existing infrastructure or work with a subcontractor for poles, who has not even been identified. Concerned about lack of info on their violation processing software (>1 minute to load images? Rejections not reviewed by supervisor?) BENJAMIN BROWN: They appear to have answered all questions in reference to the scope of services. Time line is off. DEMETRIUS GERMAN : Standard system is capable of capturing at least three pictures per second. JOSIE RUBIANO: seemed like it was very generic; called us HCSO several times JAE-SANG LEE: Did not provide responses to each item. SAJAN PATEL: -- Service and Support Criterion: Service and Support VERRA MOBILITY PATRICK MESSMER: No issues noted. BENJAMIN BROWN: The company offers support during normal business hours and an automated system as well. 1392 Getall | Procurement & Contracts https://erfp.integratise.com/getall/purchasers/sol_reports_comments.asp?v=50&s=1147&i=i&b=&ven=10802[5/3/2024 2:35:47 PM] DEMETRIUS GERMAN : Responded to all points. Can help to educate the public about the Automated Speed Detection For School Zone Safety Enforcement program and promote its benefits. Will work with City stakeholders to create a customized public awareness plan focusing on safety goals and effectively communicate the life-saving benefits of the safety camera program. JOSIE RUBIANO: web based platform 24 hr VTR;customer srvc cntr JAE-SANG LEE: Provided comprehensive service and support plan. SAJAN PATEL: -- Criterion: Service and Support REDSPEED PATRICK MESSMER: No issues noted. BENJAMIN BROWN: They have a 24-hour-a-day automated call center and a 0900-1700 Mon through Fri technical call center. DEMETRIUS GERMAN : RedSpeed has retained Weiss Serota to fight challenges to defend clients if the program is challenged. RedSpeed will provide a customized Public Service Announcement to Help Prepare the Community. JOSIE RUBIANO: on par with everyone; offer turn key JAE-SANG LEE: Provided comprehensive service and support plan SAJAN PATEL: -- Criterion: Service and Support CONDUENT PATRICK MESSMER: No issues noted. BENJAMIN BROWN: They appear to have a support and service system in place. DEMETRIUS GERMAN : Does not seem to be able to meet time frame. JOSIE RUBIANO: on par NOV mailed next day JAE-SANG LEE: Provided comprehensive service and support plan SAJAN PATEL: -- Criterion: Service and Support NOVOAGLOBAL, INC. PATRICK MESSMER: No issues noted. BENJAMIN BROWN: They offer a Monday-Friday customer service phone line as well as a 24/7 automated service. DEMETRIUS GERMAN : All training, including refresher courses, follow-up training is provided at no additional cost. JOSIE RUBIANO: have Hawk Center, IVR Pro Center back office JAE-SANG LEE: Provided comprehensive service and support plan SAJAN PATEL: -- 1393 Getall | Procurement & Contracts https://erfp.integratise.com/getall/purchasers/sol_reports_comments.asp?v=50&s=1147&i=i&b=&ven=10802[5/3/2024 2:35:47 PM] Suitability of Proposed Equipment Criterion: Suitability of Proposed Equipment VERRA MOBILITY PATRICK MESSMER: Radar and not LIDAR as preferred, but solar powered. BENJAMIN BROWN: The proposed equipment appears to be within the guidelines. DEMETRIUS GERMAN : All of our radar systems use LiDAR to enhance precision and provide independent, secondary speed verification through image processing, leading to a 99.9% accuracy rate for calibration and capture. Self-service video retrieval and live intersection video streaming (with optional subscription)? JOSIE RUBIANO: 4D radar/solar JAE-SANG LEE: Proposed equipment is suitable. SAJAN PATEL: -- Criterion: Suitability of Proposed Equipment REDSPEED PATRICK MESSMER: LIDAR as requested, but not solar powered. BENJAMIN BROWN: The equipment appears to be suitable to the needs of the request. DEMETRIUS GERMAN : RedSpeed provides web-based software for the approval and management of citations, review of video and input of data. RedSpeed’s camera system is a high-definition motion picture camera system that uses only infrared for lighting (No Flash). JOSIE RUBIANO: LiDar and integration with Flock JAE-SANG LEE: Proposed equipment is suitable SAJAN PATEL: -- Criterion: Suitability of Proposed Equipment CONDUENT PATRICK MESSMER: Rader instead of preferred LIDAR. No solar power mentioned. Ability for camera PTZ could be used for surveillance (not allowed under statute) BENJAMIN BROWN: All of the equipment appears to be within our requested guidelines. DEMETRIUS GERMAN : During startup, the DriveSafe system completes a self-test to verify that the software and hardware components are working correctly. The system records an image set during the selftest, with the notation that it was produced by the successful self-test. The flash illumination is nearly invisible to the naked eye and has an extremely short duration so as not to distract drivers. In the event of an equipment malfunction, the issue will be addressed by our technicians within the required 24 hour period, with repairs completed within 72 hours of the event. JOSIE RUBIANO: 4K video streams; bidirectionality of cameras JAE-SANG LEE: Proposed equipment is suitable 1394 Getall | Procurement & Contracts https://erfp.integratise.com/getall/purchasers/sol_reports_comments.asp?v=50&s=1147&i=i&b=&ven=10802[5/3/2024 2:35:47 PM] SAJAN PATEL: -- Criterion: Suitability of Proposed Equipment NOVOAGLOBAL, INC. PATRICK MESSMER: Radar and not preferred LIDAR. No mention of solar (except on portable unit). ALPRs optional and adds extra camera. BENJAMIN BROWN: The offered equipment appears to be at or above the requirements. DEMETRIUS GERMAN : enforcement systems are based on the latest imaging technology and the most advanced multi-positional radar in the world. JOSIE RUBIANO: 4D video, dual doppler radar JAE-SANG LEE: Proposed equipment is suitable SAJAN PATEL: -- Proposal cost/ Revenue Share Criterion: Proposal cost/ Revenue Share VERRA MOBILITY PATRICK MESSMER: Best overall cost proposal BENJAMIN BROWN: The cost return per citation is second best among the competitors at $19.20 per citation. They have zero cost for additional ALPRs, for traffic studies, and for relocation/removal/ reinstallation of cameras. DEMETRIUS GERMAN : Cost seems to be a little better overall compared to other vendors. JOSIE RUBIANO: 32% JAE-SANG LEE: $19.20 or 32% and no additional cost SAJAN PATEL: -- Criterion: Proposal cost/ Revenue Share REDSPEED PATRICK MESSMER: Highest cost share and additional ALPRs. BENJAMIN BROWN: They are the most expensive at $21.00 per citation. Additional ALPRs are $3000 extra per year. They do have a zero cost for traffic studies and relocation/removal/reinstallation. DEMETRIUS GERMAN : Seem to be a little higher in revenue. Approximately 70% market share in Georgia. JOSIE RUBIANO: 35% JAE-SANG LEE: $21 or 35% and additional cost SAJAN PATEL: -- 1395 Getall | Procurement & Contracts https://erfp.integratise.com/getall/purchasers/sol_reports_comments.asp?v=50&s=1147&i=i&b=&ven=10802[5/3/2024 2:35:47 PM] Criterion: Proposal cost/ Revenue Share CONDUENT PATRICK MESSMER: Low revenue share, but unknown costs for new construction and high costs for traffic studies. BENJAMIN BROWN: They have the best price per violation at $17.50, however, they have the most costs associated with other items. They charge an additional $2642 for each additional ALPR, they charge $1200 for a traffic study, and $8000 for relocation/removal/ or reinstallation of a camera. DEMETRIUS GERMAN : A lot of extra cost in addition. Conduent will charge 29.16% (equals $17.50) of every $60 dollars paid to the City. JOSIE RUBIANO: 29.16 plus other cost factors JAE-SANG LEE: $17.50 or 29.16% and additional cost SAJAN PATEL: -- Criterion: Proposal cost/ Revenue Share NOVOAGLOBAL, INC. PATRICK MESSMER: Higher cost share and per-violation cost for additional ALPRs rather than fixed costs, which could be extremely problematic. BENJAMIN BROWN: They have the third best cost as far as percentage of revenue at $20.00 per citation. Traffic studies and relocation/removal/reinstallation costs are included. Additional ALPRs are $2.00 per violation. DEMETRIUS GERMAN : Guarantee a cost neutral program, meaning you will never pay out of pocket for the program. JOSIE RUBIANO: $20.00 plus 2.50 UTC mailing cost JAE-SANG LEE: $20 or 33.33% and additional cost SAJAN PATEL: -- WMBE/SLBE Participation Criterion: WMBE/SLBE Participation VERRA MOBILITY PATRICK MESSMER: -- BENJAMIN BROWN: -- DEMETRIUS GERMAN : -- JOSIE RUBIANO: -- JAE-SANG LEE: -- SAJAN PATEL: EBO score of 3. The Contractor uses 2 Underutilized city-certified firms for meaningful tasks as a subcontractor on Form-MBD-20 with the utilization of the contract being 4%. The tasks performed will be staffing and design/engineering. Criterion: WMBE/SLBE Participation 1396 Getall | Procurement & Contracts https://erfp.integratise.com/getall/purchasers/sol_reports_comments.asp?v=50&s=1147&i=i&b=&ven=10802[5/3/2024 2:35:47 PM] REDSPEED PATRICK MESSMER: -- BENJAMIN BROWN: -- DEMETRIUS GERMAN : -- JOSIE RUBIANO: -- JAE-SANG LEE: -- SAJAN PATEL: EBO score of 0. The Contractor uses no city-certified firm meaningful tasks as a subcontractor on Form-MBD-20. Criterion: WMBE/SLBE Participation CONDUENT PATRICK MESSMER: -- BENJAMIN BROWN: -- DEMETRIUS GERMAN : -- JOSIE RUBIANO: -- JAE-SANG LEE: -- SAJAN PATEL: EBO score of 7. On Form-MBD-20, the contractor uses 1 Underutilized City-certified firm for meaningful tasks as a subcontractor and utilizes them at a total of 10.89%. The task performed will be to provide electric distribution construction, installation, and maintenance. Criterion: WMBE/SLBE Participation NOVOAGLOBAL, INC. PATRICK MESSMER: -- BENJAMIN BROWN: -- DEMETRIUS GERMAN : -- JOSIE RUBIANO: -- JAE-SANG LEE: -- SAJAN PATEL: EBO score of 15. The Contractor themselves are a city certified HBE firm. The Contractor will be participating 100% of the contract based on Form-MBD-20. The task performed will be to provide electric distribution construction, installation, and maintenance. 1397 1398 Document Number FEI/EIN Number Date Filed State Status Last Event Event Date Filed Event Effective Date Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Foreign Profit Corporation AMERICAN TRAFFIC SOLUTIONS, INC. Cross Reference Name AMERICAN TRAFFIC SOLUTIONS, INC. Filing Information F09000000267 48-1114931 01/13/2009 KS ACTIVE DROPPING DBA 02/11/2010 NONE Principal Address 1150 N. Alma School Road Mesa, AZ 85201 Changed: 04/23/2024 Mailing Address 1150 N. Alma School Road Mesa, AZ 85201 Changed: 04/23/2024 Registered Agent Name & Address C T CORPORATION SYSTEM C/O C T CORPORATION SYSTEM 1200 SOUTH PINE ISLAND ROAD PLANTATION, FL 33324 Name Changed: 06/15/2017 Address Changed: 06/15/2017 Officer/Director Detail Name & Address Title President and Chief Executive Officer D C Florida Department of State 10/8/24, 9:41 AM Detail by Entity Name https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=AMERICA…1/31399 Roberts, David 1150 N. Alma School Road Mesa, AZ 85201 Title Director Roberts, David 1150 N. Alma School Road Mesa, AZ 85201 Title Assistant Secretary Young, Kristen 1150 N. Alma School Road Mesa, AZ 85201 Title VP, National Construction Renzi, Christopher 1150 N. Alma School Road Mesa, AZ 85201 Title Assistant Treasurer Koehn, Brian 1150 N. Alma School Road Mesa, AZ 85201 Title Executive Vice President Baldwin, Jonathan 1150 N. Alma School Road Mesa, AZ 85201 Title Chief Financial Officer and Treasurer Conti, Craig 1150 N. Alma School Road Mesa, AZ 85201 Title Director Conti, Craig 1150 N. Alma School Road Mesa, AZ 85201 Title Secretary Avraham, Raphael 10/8/24, 9:41 AM Detail by Entity Name https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=AMERICA…2/31400 1150 N. Alma School Road Mesa, AZ 85201 Annual Reports Report Year Filed Date 2022 03/25/2022 2023 02/27/2023 2024 04/23/2024 Document Images 04/23/2024 -- ANNUAL REPORT View image in PDF format 02/27/2023 -- ANNUAL REPORT View image in PDF format 03/25/2022 -- ANNUAL REPORT View image in PDF format 07/19/2021 -- AMENDED ANNUAL REPORT View image in PDF format 04/22/2021 -- ANNUAL REPORT View image in PDF format 10/13/2020 -- AMENDED ANNUAL REPORT View image in PDF format 05/29/2020 -- ANNUAL REPORT View image in PDF format 04/05/2019 -- ANNUAL REPORT View image in PDF format 05/15/2018 -- ANNUAL REPORT View image in PDF format 06/15/2017 -- Reg. Agent Change View image in PDF format 04/24/2017 -- ANNUAL REPORT View image in PDF format 02/23/2016 -- ANNUAL REPORT View image in PDF format 03/23/2015 -- ANNUAL REPORT View image in PDF format 03/04/2014 -- ANNUAL REPORT View image in PDF format 03/25/2013 -- ANNUAL REPORT View image in PDF format 03/16/2012 -- ANNUAL REPORT View image in PDF format 03/14/2012 -- Reg. Agent Change View image in PDF format 03/23/2011 -- ANNUAL REPORT View image in PDF format 04/26/2010 -- ANNUAL REPORT View image in PDF format 02/11/2010 -- Dropping Alternate Name View image in PDF format 01/13/2009 -- Foreign Profit View image in PDF format Florida Department of State, Division of Corporations 10/8/24, 9:41 AM Detail by Entity Name https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=AMERICA…3/31401 Rev. 7/2022 1 CONTRACT EXTENSION Contract Number: Sourcewell and 202 12th Street Northeast P.O. Box 219 Staples, MN 56479 (Sourcewell) (Vendor) have entered into Contract Number: 110719- for the procurement of: The Contract has an expiration date of Decemb r, but the parties may extend the Contract by mutual consent. Sourcewell and Vendor acknowledge that extending the Contract benefits the Vendor, Sourcewell and Sourcewell’s Members. Vendor and Sourcewell agree to extend the Contract listed above for an additional period, with a new Contract expiration date of Dece mber , . All other terms and conditions of the Contract remain in full force and effect. Sourcewell ________________________________ Authorized Signature ________________________________ Name ________________________________ Title ________________________________ Date ________________________________ Authorized Signature ________________________________ Name ________________________________ Title ________________________________ Date DocuSign Envelope ID: E3B7CE79-5EBB-4440-9E9F-35A3568E06E0 Chief Operating and Procurement Officer 062320-CAT 2025-08-27 062320-CAT 61629-0001Peoria, Illinois Equipment Rental with Related Services 100 NE Adams St 2024-08-27 Caterpillar Inc. Jeremy Schwartz 6/6/2024 | 9:38 AM CDT East Region Director – RS/CRNA Paulo Carrolo 6/7/2024 | 11:37 AM PDT 3561402