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Agenda 11-04-24
The City of Boynton Beach City Commission Agenda Monday, November 4, 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 City Commission Meeting 6:00 PM *Mission* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. www.boynton-beach.org 1 Welcome Thank you for attending the City Commission Meeting General Rules & Procedures for Public Participation at City of Boynton Beach Commission Meetings The Agenda: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. Speaking at Commission Meetings: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue. Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission - Time Limit - Three (3) Minutes. Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, and presentations. - Time Limit - Three (3) Minutes. Addressing the Commission: When addressing the Commission, please step up to either podium and state your name for the record. Decorum: Any person who disrupts the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority vote of the Commission members present. Please turn off all cellular phones in the City Commission Chambers while the City 2 1.Openings A.Call to Order - Mayor Ty Penserga 2.Other A.Information Items by members of the City Commission. 3.Announcements, Community and Special Events And Presentations A.Proclamation- Family Caregivers Month Commission Meeting is in session. The City of Boynton Beach encourages interested parties to attend and participate in public meetings either in-person or via communications media technology online. To view and/or participate in the City Commission meeting online you have the following options: 1. Watch the meeting online, but not participate: You may watch the meeting via the 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 Nate Santos, Living Waters Church. Pledge of Allegiance to the Flag led by Mayor Ty Penserga Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption City Commissioners to disclose any informational items to the public. 3 B.Announcement- City of Boynton Beach Veterans Day Ceremony. C.Announcement- Tire Amnesty November 4th, 2024 through November 8th, 2024. 4.Public Audience 5.Administrative A.Community Support Funds. B.Advisory Board Appointments. C.Purchases for over $10,000 for June & July 2024 6.Consent Agenda A.Proposed Resolution No. R24-264- Approve the Release of Unity of Title for 517 NE 1st Street (Pulte Cottage District). B.Proposed Resolution No. R24-265- Approve and authorize the Mayor to sign a Right of Way Maintenance Agreement between the City of Boynton Beach and Boynton Beach Apartments Venture, LLC for the installation of irrigation, landscape, and hardscape within the Florida Department of Transportation (FDOT) right-of-way along South Federal Highway for the Alliance Residential Project a/k/a Broadstone. C.Proposed Resolution No. R24-266- Approving and authorizing the Mayor to sign the Recreation and Parks Special Events Application to the Town of Ocean Ridge for Oceanfront Bark events. Read and present the proclamation naming November as Family Caregivers Month to Ricky Petty the Project Director for Healthier Boynton Beach. Announcement of the City of Boynton Beach Veterans Day Ceremony being hosted by the Boynton Beach Veterans Task Force and City of Boynton Beach at Tom Kaiser U.S.N. Boynton Beach Veterans Memorial Park located at 411 N. Federal Highway on Monday, November 11th starting at 11:00 A.M. The ceremony will honor and recognize all individuals that have served in the United States Armed Forces. For more information visit with City’s website. Announce that the Solid Waste Division will be having Tire Amnesty Week for the City Residents the first week of November from November 4th - November 8th, 2024. 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). Approve Community Support Fund request from Vice Mayor Kelley and Commissioner Turkin. City Commission to reappoint and appoint eligible members of the community to serve in vacant positions on City Advisory Boards. Accept the written report to the Commission for purchases over $10,000 for the months of June & July 2024. Staff recommends approval of Proposed Resolution No. R24-264. Staff recommends approval of Proposed Resolution No. R24-265. 4 D.Proposed Resolution No. R24-267- Authorizing the Mayor to sign Cemetery Lot Deeds and Mausoleum Certificates. E.Proposed Resolution No. R24-268- Approve and authorize the Mayor (or designee) to apply for the State permit necessary to temporarily close Federal Highway on Saturday, December 7, 2024, for the 53rd Annual Holiday Parade. F.Proposed Resolution No. R24-269- Amend various FY 2024-25 Capital Project accounts. Adjusting budgeted appropriations and revenue sources and providing spending authority for the Capital Improvement Funds (302 & 303) and the Utility Capital Improvement Funds (403 & 404). Approve unbudgeted FY2024-25 financial impacts to the General Fund (001). G.Proposed Resolution No. R24-270- Approve the release of performance bond No.: CE11927900002 for the completion of clearing and grubbing in association with the Wawa project in the amount of $495,708.07. H.Proposed Resolution No. R24-271- Approve a Resolution supporting the procurement and oversight of the consultants for the development of a county-wide transportation plan and supporting the formation of a county-wide technical advisory committee. I.Commission Meeting Minutes. 7.Consent Bids and Purchases over $100,000 A.Proposed Resolution No. R24-272- Approve Amendment No. 2 to Task Order UT- 2D-05 with Calvin, Giordano & Associates, Inc. in the amount of $207,217.60 for a new total contract amount of $468,508.60 for professional engineering services required for the design of a 12" water main for future service to the Town of Gulfstream and to provide construction administration and inspection services for the SE 36th Ave Streetscape Project and Water Main Installation Project. B.Proposed Resolution No. R24-273- Approve the Piggyback Agreement with RSC Insurance Brokerage, Inc., d/b/a Risk Strategies Company (including its division, Gehring Group), for broker services for casualty and excess insurance services an annual amount not to exceed $2,700,000. Staff recommends approval of Proposed Resolution No. R24-266. Staff recommends approval of Proposed Resolution No. R24-267. Staff recommends approval of Proposed Resolution No. R24-268. Staff recommends approval of Proposed Resolution No. R24-269. Staff recommends approval of Proposed Resolution No. R24-270. Staff recommends approval of Proposed Resolution No. R24-271. Approve minutes from the October 1, 2024 and October 15, 2024, City Commission Meetings. Staff recommends approval of Proposed Resolution No. R24-272. Staff recommends approval of Proposed Resolution No. R24-273. 5 C.Proposed Resolution No. R24-274- Approve the First Amendment to the Piggyback Agreement between the City and Motorola Solutions, Inc. in the amount of $1,300,770.05, which includes a $36,000 credit, for the Fire Department's purchase of handheld radios replacement and upgrade of existing mobile radios, approving the borrowing, use, and repayment of Utility Department funds at a 1% interest rate to finance the purchase. D.Proposed Resolution No. R24-275- Approve and authorize the Mayor to execute a limited term contract extension with ParkMobile, LLC and increase annual expenditure by $34,000 for fiscal year 24-25 for a total amount of $116,000. 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. (Tabled from October 15, 2024 meeting). 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 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. (Tabled from October 15, 2024 meeting). C.Proposed Ordinance No. 24-022- Second Reading, An Ordinance of the City of Boynton Beach, Florida, approving the Boynton Beach Administrative Amendments to the 8th Edition (2023) of the Florida Building Code; providing for conflicts, severability, codification, and an effective date. 9.City Manager’s Report 10.Regular Agenda A.Proposed Ordinance No. 24-023- First Reading, an Ordinance of the City Staff recommends approval of Proposed Resolution No. R24-274. Staff recommends approval of Proposed Resolution No. R24-275. Staff recommends approval of Proposed Ordinance No. 24-017, at second reading. Staff recommends approval of Proposed Ordinance No. 24-020, at second reading. Staff recommends approval of Proposed Ordinance No. 24-022, at second reading. 6 Commission of the City of Boynton Beach, Florida, amending Chapter 26 "water, sewers, and utilities," Article IV "sewers," Division 4, "industrial and commercial waste," Subdivision D "use of public sewers," by creating Section 26-147.5 entitled "dental facilities that remove or replace amalgam fillings," providing for local implementation of the effluent limitations guidelines and standards for dental category adopted by the State of Florida; providing for conflicts, severability, codification, and an effective date. Proposed Ordinance No. 24-024- First Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, amending the Code of Ordinances of the City of Boynton Beach Chapter 26 "water, sewers, and utilities," Article IV "sewers," Division 4 "industrial and commercial waste," subdivision a "general provisions," Section 26-115, "abbreviations and definitions," to adopt definitions for hazardous waste pharmaceuticals, healthcare facility, pharmaceutical, and reverse distributor, and to correct order; amending Chapter 26 "water, sewers, and utilities," Article IV "sewers," Division 4 "industrial and commercial waste," subdivision D "use of public sewers," Section 26-142, "prohibited discharges to sewers," to add hazardous waste pharmaceuticals to the list of substances prohibited from being introduced to the City's treatment works; providing for conflicts, severability, codification, and an effective date. B.Conduct the one (1) year performance evaluation for Shawna Lamb, City Attorney, as requested by the City Commission at the 6 month review in May, 2024, such that the City Manager and City Attorney's annual reviews coincide with the new fiscal year. C.Discussion regarding city entry way signs and additional digital signs. D.Presentation regarding artificial turf as requested by Commissioner Turkin. E.Presentation providing updates on Development projects within the City. 11.Future Agenda Items A.Update on future upgrade plan for water treatment plants to meet future drinking water regulations. - November 19, 2024 B.Draft review of Procurement Policies and Procedures, including local business preference. - February 4, 2025 C.Discussion regarding Rapid Re-housing Program - Pending meeting with Mayor Staff recommends approval of Proposed Ordinance No. 24-023 and Proposed Ordinance No. 24-024, on first reading. Pursuant to the City Attorney's appointment agreement, the City Commission will provide the City Attorney with a performance evaluation no less than annually. This will be Ms. Lamb's first annual performance evaluation and her current base salary is $215,250. Requested by Mayor Penserga and Commissioner Hay. Commission discussion regarding the use of artificial turf on residential property. Per the request of Vice Mayor Kelley, staff has prepared a presentation reviewing current development within the City. Requested by Mayor Penserga. Requested by Mayor Penserga and Commissioner Cruz. 7 Penserga D.Discussion regarding combining City properties together to create senior affordable housing . - Pending meeting with Mayor Penserga E.Discussion regarding Amendments to the Code of Ordinances regarding flooding in the community.- Pending meeting with Commissioner Cruz F.Discussion regarding Hazard Pay for Community Standards.- Pending meeting with Commissioner Cruz G.Discussion regarding requirements for Advisory Board Appointments.- Pending meeting with Vice Mayor Kelley 12.Adjournment Requested by Mayor Penserga. 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. 8 City of Boynton Beach Agenda Item Request Form 3.A Announcements, Community and Special Events And Presentations 11/ 4/2024 Meeting Date: 11/ 4/2024 Proclamation- Family Caregivers Month Requested Action: Read and present the proclamation naming November as Family Caregivers Month to Ricky Petty the Project Director for Healthier Boynton Beach. How will this affect city programs or services? NA Fiscal Impact: There is no fiscal impact to the budget for this item. Attachments: National Family Caregivers Month.docx 9 Proclamation WHEREAS, November is designated as National Family Caregivers Month, a time to acknowledge the vital contributions of family caregivers who provide essential care and support to loved ones managing chronic conditions, disabilities, or the challenges of aging; and WHEREAS, over 53 million adult and over 5.4 million youth family caregivers in the United States are the unacknowledged backbone of the nation’s long-term care system by providing daily assistance to manage health and personal care, thus enabling their loved ones to stay in the home longer; and WHEREAS, family caregivers are the cornerstone of compassionate care, offering physical, emotional, and often financial support, many times at great personal sacrifice to ensure their loved ones can maintain their dignity, health, and well-being; and WHEREAS, Healthier Boynton Beach, a community driven health initiative committed to improving the health and well-being of Boynton Beach residents, stands with family caregivers, advocating for greater awareness, resources, and support to ensure they have the tools and assistance they need to care for their loved ones while maintaining their own health and well-being; and WHEREAS, it is important to recognize the many contributions of family caregivers and encourage our communities, health providers, employers, and others to support their invaluable efforts; NOW THEREFORE,I,Ty Penserga, Mayor of the City of Boynton Beach, Florida, do hereby proclaim November 2024 as: National Family Caregivers Month encouraging all residents to recognize the invaluable contributions of family caregivers and to advocate for programs and policies that support them in their caregiving journey. IN WITNESS WHEREOF, I have hereunto set my hand and cause the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach Florida, the 19th day of November, Two Thousand and Twenty-Four. Ty Penserga, Mayor ATTEST: Maylee De Jesús,MPA,MMC, City Clerk 10 City of Boynton Beach Agenda Item Request Form 3.B Announcements, Community and Special Events And Presentations 11/ 4/2024 Meeting Date: 11/ 4/2024 Announcement- City of Boynton Beach Veterans Day Ceremony. Requested Action: Announcement of the City of Boynton Beach Veterans Day Ceremony being hosted by the Boynton Beach Veterans Task Force and City of Boynton Beach at Tom Kaiser U.S.N. Boynton Beach Veterans Memorial Park located at 411 N. Federal Highway on Monday, November 11th starting at 11:00 A.M. The ceremony will honor and recognize all individuals that have served in the United States Armed Forces. For more information visit with City’s website. Explanation of Request: To announce the Boynton Beach Veterans Day Ceremony being held at Tom Kaiser U.S.N. Boynton Beach Veterans Memorial Park on Monday, November 11th, starting at 11:00 A.M. How will this affect city programs or services? Support services provided by the Public Works Department. Fiscal Impact: This is an annual budgeted event. 11 City of Boynton Beach Agenda Item Request Form 3.C Announcements, Community and Special Events And Presentations 11/ 4/2024 Meeting Date: 11/ 4/2024 Announcement- Tire Amnesty November 4th, 2024 through November 8th, 2024. Requested Action: Announce that the Solid Waste Division will be having Tire Amnesty Week for the City Residents the first week of November from November 4th - November 8th, 2024. Explanation of Request: Tire Amnesty Week will be held during the week of November 4th through November 8th, 2024. During that week residents may place at the curb up to eight (8) car and/or passenger tires (with or without rims) for pick up. Tires will be picked up on the scheduled bulk trash day in your neighborhood. Tires must be placed at the edge of the road at least three (3) feet away from your garbage cart and any other fixtures, such as telephone poles, mailboxes, etc. Keep tires and vegetation separated. There will be no make up days if tire amnesty week is missed. If you have any questions you can contact us at (561) 742-6200, option 1, Monday-Friday, 7:30 a.m. to 4:30 p.m. How will this affect city programs or services? It will give the residents an opportunity to dispose of tires at no cost to them. Fiscal Impact: This is a budgeted item. 12 City of Boynton Beach Agenda Item Request Form 5.A Administrative 11/ 4/2024 Meeting Date: 11/ 4/2024 Community Support Funds. Requested Action: Approve Community Support Fund request from Vice Mayor Kelley and 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: Holiday Dinner Baskets- Kelley $500.pdf East Boynton Little League- Turkin $850.pdf 13 R15-055 S:\CC\WP\COMMUNITY SUPPORT FUNDS\FY 2024-2025\VM Kelley\Holiday Dinner Baskets- Kelley $500.doc EXHIBIT “A” COMMUNITY SUPPORT FUNDS REQUEST FORM Part I - Summary of Request (to be completed by City Clerk) Date of Request: November 4, 2024 Requested by Mayor/Commissioner: Commissioner Kelley Amount Requested: $500______________________ Recipient/Payee: Friends of the BB City Library Description of project, program, or activity to be funded: These funds will help with the cost of Holiday Dinner Baskets that will be for the less fortunate kids and their families in the community. Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $6,000. The balance of funds available for the requesting Member of the Commission is $6,000. Accordingly: There are funds available as requested There are insufficient funds available as requested Dated: 11/04/2024__ By: _____________________________ Maylee De Jesús, City Clerk Part III-Eligibility Evaluation Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit The recipient/payee provides services within the City The public purpose is beneficial to the entire community served by such donation Dated:_____________ By: ________________________________ Requesting Member of the City Commission 14 S:\CC\WP\COMMUNITY SUPPORT FUNDS\FY 2024-2025\Comm Turkin\East Boynton Little League.doc EXHIBIT “A” COMMUNITY SUPPORT FUNDS REQUEST FORM Part I - Summary of Request (to be completed by City Clerk) Date of Request: November 4, 2024 Requested by Mayor/Commissioner: Commissioner Turkin______ _ Amount Requested: $850 ___ _______________ Recipient/Payee: East Boynton Little League Description of project, program, or activity to be funded: __ __________________________________________________ ___________________ _________________________________________________ ____________________ Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $3,000. The balance of funds available for the requesting Member of the Commission is $2500. Accordingly: There are funds available as requested There are insufficient funds available as requested Dated: ____________ By: _____________________________ Maylee De Jesús, City Clerk Part III-Eligibility Evaluation Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit The recipient/payee provides services within the City The public purpose is beneficial to the entire community served by such donation Dated:_____________ By: ________________________________ Requesting Member of the City Commission 15 City of Boynton Beach Agenda Item Request Form 5.B Administrative 11/ 4/2024 Meeting Date: 11/ 4/2024 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_November_4__2024 (3).docx Malesev, Greg - Employee Pension Board.pdf Martin, Phillip - Senior Advisory Board.pdf 16 Advisory Board Vacancies November 4, 2024 Affordable Housing Advisory Committee 3 Year Term Mayor Penserga Citizen who is actively engaged as a for-profit provider of affordable housing Vice Mayor Kelley Citizen who is actively engaged in residential home building in connection with affordable housing I Cruz Citizen who represents essential services personnel II Turkin Citizen who is actively engaged in the banking or mortgage banking industry in connection with 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) Applicant: Greg Malesev 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 17 Advisory Board Vacancies November 4, 2024 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 Regular Vacant Vice Mayor Kelley Alternate Vacant I Cruz Alternate Vacant Applicant:Phillip Martin 18 19 20 21 City of Boynton Beach Agenda Item Request Form 5.C Administrative 11/ 4/2024 Meeting Date: 11/ 4/2024 Purchases for over $10,000 for June & July 2024 Requested Action: Accept the written report to the Commission for purchases over $10,000 for the months of June & July 2024. Explanation of Request: Per Ordinance No.01-66, Chapter 2, Section 2-56.1 Exceptions to competitive bidding, Paragraph b, which states: Further, the City Manager, or designee is authorized to execute a purchase order on behalf of the City for such purchases under the $49,999 bid threshold for personal property, commodities, and services, or $200,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or designee. All backup documentation is available upon request. Below is a list of the purchases for June & July 2024: 241394 JUPITERBOUNCE.COM, LLC $ 11,428.83 241418 CRA PAYMENT CENTER $ 21,070.00 241421 SAFE 4 PLAY, LLC $ 49,200.00 241423 CPC SOLUTIONS & INTEGRATION, INC. $ 14,854.47 241425 VECTOR SOLUTIONS $ 15,034.86 241444 VCLOUDTECH, INC. $ 13,387.50 241452 ANZCO, INC. $ 80,000.00 241455 SHI $ 32,480.00 241458 ZAMBELLI FIREWORKS MFG CO. $ 80,000.00 241467 TRANSCENDENT CORPORATION $ 12,290.00 241485 SURVEYING AND MAPPING LLC. $ 189,920.00 241489 MCKIM & CREED, INC. $ 21,860.00 241492 THOMPSON PUMP & MANUFACTURING $ 16,459.71 241498 SOUTHEAST TRUCK SPECIALIST $ 23,366.87 241502 TINKER, LLC $ 19,900.00 22 241506 DEH KINGDOM MANAGEMENT INC. $ 49,230.00 241512 LINE-TEC INC. $ 16,470.00 241514 CRASH DATA GROUP, INC. $ 23,844.00 241519 BENNETT FIRE PRODUCTS COMPANY $ 42,108.20 241522 INRACKS LLC $ 29,964.00 241527 PUBLIC ART WORKS, INC. $ 15,400.00 241530 LOU'S POLICE AND SECURITY EQUIPMENT $ 12,106.36 241536 TRIHEDRAL $ 17,738.00 241539 CENTERLINE DRILLING, INC. $ 138,958.55 241542 GOIN' DOWN INC. $ 14,415.00 241549 ZUCKER MEDIA GROUP, LLC $ 49,999.00 241554 I WATER INC. $ 22,500.00 How will this affect city programs or services? Ordinance No.01-66, Chapter 2, Section 2-56.1 assists departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled “Request for Purchases over $10,000” and each purchase request is reviewed and approved by the Department Director, Finance Department, and City Manager, or designee. Fiscal Impact: This Ordinance provides the impact of reducing paperwork by streamlining processes within the organization. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for making more timely purchases. Attachments: Purchases over $10k - June & July 2024.pdf 23 1.Vendor:Purchase Amount: Requesting Department:Contact Person: Date:6/4/2024 Brief Description of Purchase: Source for Purchase:Fund Source: 2.Vendor:Purchase Amount: Requesting Department:Contact Person: Date:6/11/2024 Brief Description of Purchase: Source for Purchase:Fund Source: 3.Vendor:Purchase Amount: Requesting Department:Contact Person: Date:6/14/2024 Brief Description of Purchase: Source for Purchase:Fund Source: 4.Vendor:Purchase Amount: Requesting Department:Contact Person: Date:6/14/2024 Brief Description of Purchase: Source for Purchase:Fund Source: 5.Vendor:Purchase Amount: Requesting Department:Contact Person: Date:6/17/2024 Brief Description of Purchase: Source for Purchase:Fund Source: 6.Vendor:VCLOUDTECH, INC.Purchase Amount: Requesting Department:Contact Person: Date:6/18/2024 Brief Description of Purchase: Source for Purchase:Fund Source: 7 Vendor:Purchase Amount: Requesting Department:Contact Person: Date:6/24/2024 Brief Description of Purchase: Source for Purchase:Fund Source: 8.Vendor:Purchase Amount: Requesting Department:Contact Person: Date:6/24/2024 Brief Description of Purchase: Source for Purchase:Fund Source: THREE QUOTES 303-4221-572.63-10 PAYMENT FOR CIRCUIT PILOT PROGRAM INTER-LOCAL AGREEMENT 001-1211-512.49-17 13,387.50$ ITS PURCHASE OF MICROSOFT SERVER DATACENTER LICENSES. MICHAEL BENNETT KNOWB4 SUBSCRIPTION RENEWAL 001-1510-513.46-91 80,000.00$ THREE QUOTES 401-2821-536.64-15 CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR June and July 2024 CRA PAYMENT CENTER 21,070.00$ CITY MANAGER GAIL MOOTZ PC SOLUTIONS & INTEGRATION, INC.14,854.47$ CITY MANAGER GAIL MOOTZ INSTALLATION OF TURF INFIELD AT GALAXY PARK BOUNCE HOUSE FOR FOURTH OF JULY EVENT 2024. THREE QUOTES 001-1213-519.48-24 PROJECT # SE2405 49,200.00$ RP2418 JUPITERBOUNCE.COM, LLC 11,428.83$ PIGGYBACK SOURCEWELL # 081419-SHI 303-4101-580.46-91 PROJECT # RP2419 15,034.86$ FIRE CHIEF BRUDER ANNUAL SCHEDULING SUBSCRIPTION RENEWAL VECTOR SOLUTIONS CITY MANAGER GAIL MOOTZ INSTALLATION OF SAFETY NETTING AT GALAXY PARK PROJECT # ITS2401 PIGGYBACK NASPO #433200-NASPO-19-ACS 401-2821-536-46.20 SINGLE SOURCE 001-2210-522.46-91 EVENTS GABBY FAVITTA SHI 32,480.00$ ITS MICHAEL BENNETT ITS MICHAEL BENNETT SUPPORT FOR SWITCHES - HARDWARE / SOFTWARE SAFE 4 PLAY, LLC THREE QUOTES 303-4221-572.64-04 ANZCO, INC. 24 9.Vendor:Purchase Amount: Requesting Department:Contact Person: Date:6/25/2024 Brief Description of Purchase: Source for Purchase:Fund Source: 10.Vendor:Purchase Amount: Requesting Department:Contact Person: Date:6/27/2024 Brief Description of Purchase: Source for Purchase:Fund Source: 11.Vendor:Purchase Amount: Requesting Department:Contact Person: Date:7/3/2024 Brief Description of Purchase: Source for Purchase:Fund Source: 12.Vendor:Purchase Amount: Requesting Department:Contact Person: Date:7/8/2024 Brief Description of Purchase: Source for Purchase:Fund Source: 13.Vendor:Purchase Amount: Requesting Department:Contact Person: Date:7/9/2024 Brief Description of Purchase: Source for Purchase:Fund Source: 14.Vendor:Purchase Amount: Requesting Department:Contact Person: Date:7/12/2024 Brief Description of Purchase: Source for Purchase:Fund Source: 15.Vendor:Purchase Amount: Requesting Department:Contact Person: Date:7/12/2024 Brief Description of Purchase: Source for Purchase:Fund Source: 16.Vendor:Purchase Amount: Requesting Department:Contact Person: Date:7/15/2024 Brief Description of Purchase: Source for Purchase:Fund Source: 17.Vendor:Purchase Amount: Requesting Department:Contact Person: Date:7/17/2024 Brief Description of Purchase: Source for Purchase:Fund Source: ANNUAL CERTIFICATION OF (BACKFLOW) UNITS THREE QUOTES 401-2821-536.49-17 PROJECT # RP2418 LINE-TEC INC.16,470.00$ UTILITIES DRAVIOUS ROBERTSON PUBLIC WORKS GAIL MOOTZ INSTALLATION OF SOD AT GALAXY PARK THREE QUOTES 303-4221-572.63-10 SOLE SOURCE 401-2821-536.94-43 DEH KINGDOM MANAGEMENT INC.49,230.00$ TINKER, LLC 19,900.00$ UTILITIES ALANNAH IRWIIN WATER CONSERVATION EDUCATION PROGRAM REPAIRS TO VEHICLE (UNIT) #886 FOR FIRE DEPARTMENT INSURANCE CLAIM # 2400002373 522-1710-519.49-22 SOUTHEAST TRUCK SPECIALIST 23,366.87$ PUBLIC WORKS RASHEED HOSEIN UTILITIES MARC FILSAIME SERVICE BYPASS PUMPS AT LIFT STATIONS CONFIRMING 401-2816-536.52-75 COBB # 038282119 403-5000-533.65-02 WT2008 THOMPSON PUMP & MANUFACTURING 16,459.71$ MCKIM & CREED, INC.21,860.00$ UTILITIES J. LACROZE FLOURIDE FEED SYSTEM - SCADA US2101 UTILITIES WAYNEYA BRYANT GIS INITIATIVES - TO ENHANCE ASSET MANAGEMENT AND AND STREAMLINE OPERATIONS COBB # CW23-009 403-5000-536.31-90 CONFIRMING 401-2821-536.46-91 SURVEYING AND MAPPING LLC.189,920.00$ TRANSCENDENT CORPORATION 12,290.00$ UTILITIES KARLA SANTIAGO ANNUAL 2024 SUBSCRIPTION - ASSET MANAGEMENT 001-1213-519.48-24 PROJECT # SE2405 COBB # EV23-023 EVENTS GABBY FAVITTA FIREWORKS SHOW 2024 ZAMBELLI FIREWORKS MFG CO.80,000.00$ 25 18.Vendor:Purchase Amount: Requesting Department:Contact Person: Date:7/17/2024 Brief Description of Purchase: Source for Purchase:Fund Source: 19.Vendor:Purchase Amount: Requesting Department:Contact Person: Date:7/18/2024 Brief Description of Purchase: Source for Purchase:Fund Source: 20.Vendor:Purchase Amount: Requesting Department:Contact Person: Date:7/22/2024 Brief Description of Purchase: Source for Purchase:Fund Source: 21.Vendor:Purchase Amount: Requesting Department:Contact Person: Date:7/22/2024 Brief Description of Purchase: Source for Purchase:Fund Source: 22.Vendor:Purchase Amount: Requesting Department:Contact Person: Date:7/22/2024 Brief Description of Purchase: Source for Purchase:Fund Source: 23.Vendor:Purchase Amount: Requesting Department:Contact Person: Date:7/23/2024 Brief Description of Purchase: Source for Purchase:Fund Source: 24.Vendor:Purchase Amount: Requesting Department:Contact Person: Date:7/26/2024 Brief Description of Purchase: Source for Purchase:Fund Source: 25.Vendor:Purchase Amount: Requesting Department:Contact Person: Date:7/29/2024 Brief Description of Purchase: Source for Purchase:Fund Source: 26 Vendor:Purchase Amount: Requesting Department:Contact Person: Date:7/30/2024 Brief Description of Purchase: Source for Purchase:Fund Source: ZUCKER MEDIA GROUP, LLC 49,999.00$ ARTS & CULTURAL CENTER KELLY ARMSTEAD KINETIC BIENNIAL 2025 - EVENT PROJECT MANAGER 151-2611-579.49-17 PROJECT # SE2410 GOIN' DOWN INC.14,415.00$ GOLF COURSE SAM REEP EMERGENCY IRRIGATION SYSTEM REPAIRS - GOLF COURSE CONFIRMING 411-2910-572.49-17 COBB # UTL24-039 401-2811-536.46-50 CENTERLINE DRILLING, INC.138,958.55$ UTILITIES DAVID ROLAND CONSTRUCTION WELL MAINTENANCE & REHAB SERVICE RENEWAL OF VT SCADA SOFTWARE LICENSE SINGLE SOURCE 401-2821-536.46-91 TRIHEDRAL 17,738.00$ UTILITIES WANEYA BRYANT POLICE SGT. MCDEAVITT RE-SUPPLY OF DUTY PISTOL INVENTORY CONFIRMING 001-2110-521.52-51 SINGLE SOURCE 105-3908-573.49-17 151-2611-579.49-17 LOU'S POLICE AND SECURITY EQUIPMENT 12,106.36$ PUBLIC ART WORKS, INC.15,400.00$ ARTS & CULTURAL CENTER KELLY ARMSTEAD SCULPTURE RESTORATION PART A - SYNASTHASIA PURCHASE OF REAL TIME CRIME CENTER FURNITURE THREE QUOTES 105-3906-521.64-15 INRACKS LLC 29,964.00$ POLICE SOPHIA STEWART FIRE CHIEF BRUDER PURCHASE OF TEN JACKETS AND TROUSERS FOR FIRE DEPARTMENT PIGGYBACK LAKE COUNTY # 22-730B 001-2210-522.52-23 COBB # FR24-057 SOLE SOURCE 103-2110-521.46-91 103-2110-521.64.02 BENNETT FIRE PRODUCTS COMPANY 42,108.20$ CRASH DATA GROUP, INC.23,844.00$ POLICE CHIEF ZELLER REPLACE CDR TOOL KIT AND CABLES 26 27.Vendor:Purchase Amount: Requesting Department:Contact Person: Date:7/31/2024 Brief Description of Purchase: Source for Purchase:Fund Source: I WATER INC.22,500.00$ UTILITIES KARLA SANTIAGO ANNUAL RENEWAL FOR ICLOUD SOFTWARE SINGLE SOURCE 401-2821-536.46-91 27 City of Boynton Beach Agenda Item Request Form 6.A Consent Agenda 11/ 4/2024 Meeting Date: 11/ 4/2024 Proposed Resolution No. R24-264- Approve the Release of Unity of Title for 517 NE 1st Street (Pulte Cottage District). Requested Action: Staff recommends approval of Proposed Resolution No. R24-264. Explanation of Request: The applicant is requesting to release the Unity of Title filed for the property located at 517 NE 1st Street, which was recorded on February 3, 1993, in Official Records Book 7575, Page 571, of the Public Records of Palm Beach County, Florida. The subject property is part of the approved site plan for the Pulte Cottage District project. This Unity of Title must be released prior to the re-platting of the subject project properties. How will this affect city programs or services? N/A Fiscal Impact: N/A Attachments: R24-264 Agenda_Item_2280-2023_Resolution_for_Release_of_Unity_of_Title.docx Exhibit A to Resolution - Release of Unity of Title _ 517 NE 1st Street.pdf Location Map.pdf Request of Release of Unity of Title.pdf 28 RESOLUTION NO. R24-2641 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, APPROVING THE RELEASE OF UNITY OF TITLE FOR 4 517 NE 1ST STREET FOR THE PULTE COTTAGE DISTRICT PROJECT; AND 5 FOR ALL OTHER PURPOSES. 6 7 WHEREAS, a Unity of Title was recorded in the Public Records of Palm Beach County, 8 Florida, on February 3, 1993, in Official Records Book 7575, Page 571; and 9 WHEREAS, the City desires to release the Unity of Title from the Property; and10 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 11 best interests of the city's citizens and residents to approve the Release of Unity of Title for 517 12 NE 1st Street for the Pulte Cottage District Project. 13 14 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 15 BEACH, FLORIDA, THAT:16 SECTION 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 17 being true and correct and are hereby made a specific part of this Resolution upon adoption.18 SECTION 2.The City Commission of the City of Boynton Beach, Florida, does hereby 19 approve the Release of Unity of Title for 517 NE 1st Street for the Pulte Cottage District Project20 (the “Release”), in form and substance similar to that attached as “Exhibit A.“21 SECTION 3.The City Commission of the City of Boynton Beach, Florida, hereby 22 authorizes the Mayor to execute the Release. The Mayor is further authorized to execute any 23 ancillary documents as may be necessary to accomplish the purpose of this Resolution.24 SECTION 4.Upon execution of the Release by the City, the City Clerk shall record the 25 Release in the Public Records of Palm Beach County. The City Clerk shall provide a copy of the 26 recorded Release to Jae Eun Kim. 27 SECTION 5.This Resolution shall take effect in accordance with law.28 [signatures on the following page]29 30 29 PASSED AND ADOPTED this ______________ day of ______________________________ 2024.31 CITY OF BOYNTON BEACH, FLORIDA32 YES NO33 Mayor – Ty Penserga __________34 35 Vice Mayor – Aimee Kelley __________36 37 Commissioner – Angela Cruz __________38 39 Commissioner – Woodrow L. Hay __________40 41 Commissioner – Thomas Turkin __________42 43 VOTE ______44 ATTEST:45 46 ___________________________________________________________47 Maylee De Jesús, MPA, MMC Ty Penserga48 City Clerk Mayor49 50 APPROVED AS TO FORM:51 (Corporate Seal)52 53 _______________________________54 Shawna G. Lamb55 City Attorney56 30 5254460.v3 THIS INSTRUMENT BE SHOULD BE RETURNED TO: Kristilee M. Chihos, Esquire DEAN MEAD 420 South Orange Avenue, Suite 700 Orlando, Florida 32801 (407) 428-5118 RELEASE OF UNITY OF TITLE THIS RELEASE OF UNITY OF TITLE (the “Release”) is made and entered into on the ____ day of ____________, 2024, by the City of Boynton Beach, Florida, a Florida municipal corporation (“City”). WITNESSETH: WHEREAS, a Unity of Title was recorded in the Public Records of Palm Beach County, Florida on February 3, 1993, in Official Records Book 7575, Page 571, a copy of which is attached on Exhibit “A” hereto (“Unity of Title”), against the real property described on Exhibit “B”, attached hereto (the “Property”); WHEREAS, the City desires to release the Unity of Title from the Property; WHEREAS, the administrative head of the Boynton Beach Department of Development has approved this Release; and WHEREAS, the Boynton Beach City Commission has approved this Release. NOW THEREFORE, for a valuable consideration, the sufficiency of which is acknowledged by the execution and acceptance of this Release, the City of Boynton Beach hereby releases the Property from the Unity of Title and declares the Property free and clear of the operation and effect of same. Accordingly, the Unity of Title is hereby deemed released, cancelled, terminated, and shall be of no further force or effect with respect to the Property. [SIGNATURES AND ACKNOWLEDGEMENTS APPEAR ON THE FOLLOWING PAGE] 31 5254460.v3 IN WITNESS WHEREOF, the undersigned has executed this Release of Unity of Title, as approved by the Boynton Beach City Commission at its meeting on the _________ day of ______________, 2024. Signed, sealed, and delivered in the presence of: (Signature of First Witness) (Printed Name of First Witness (Address of First Witness) (Signature of Second Witness) (Printed Name of Second Witness) (Address of Second Witness) ATTEST: _________________________________ Maylee de Jesus, City Clerk CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation By: Name: Title: Approved as to form: _________________________________ City Attorney’s Office 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 , 2024, by , as of the City of Boynton Beach, Florida, who [ ] is personally known to me or [ ] has produced ______________________ as identification. _________________________________ (Seal) Notary Public, State of Florida 32 5254460.v3 EXHIBIT “A” Copy of Unity of Title 33 5254460.v3 34 5254460.v3 EXHIBIT “B” Legal Description of Property ALSO DESCRIBED AS FOLLOWS: 35 5254460.v3 36 5254460.v3 37 NE 1st StNE 5th Ave ¹0 20 40 60 8010 Feet SITE 517 NE 1st Street517 NE 1st Street Exhibit A: Location MapExhibit A: Location Map 38 10/01/2024 TO: City of Boynton Beach Andrew Meyer, Senior Planner 100 E. Ocean Ave, Boynton Beach, Florida 33435 Pulte Cottage District – Unity of Title Release Good afternoon Andrew, Please see the attached documents submitted to release the unity of title as recorded on February 3, 1993, in Official Records Book 7575, Page 571, of the Public Records of Palm Beach County, Florida. The subject property is part of the approved site plan for the Cottage District project. This unity of title must be released prior to the replatting of the property. Thank you, Matthew Barnes, Senior Project Manager WGI, Inc. 2035 Vista Parkway West Palm Beach, FL 33411 561.687.2220 39 City of Boynton Beach Agenda Item Request Form 6.B Consent Agenda 11/ 4/2024 Meeting Date: 11/ 4/2024 Proposed Resolution No. R24-265- Approve and authorize the Mayor to sign a Right of Way Maintenance Agreement between the City of Boynton Beach and Boynton Beach Apartments Venture, LLC for the installation of irrigation, landscape, and hardscape within the Florida Department of Transportation (FDOT) right-of-way along South Federal Highway for the Alliance Residential Project a/k/a Broadstone. Requested Action: Staff recommends approval of Proposed Resolution No. R24-265. Explanation of Request: Per Resolution No. R24-034 dated February 20, 2024, the City Commission approved a "Maintenance of Memorandum of Agreement'' (MMOA) with the Florida Department of Transportation (FDOT) for the installation of irrigation, landscape, and hardscape within the FDOT right- of- way along South Federal Highway for the Alliance Residential Project a/k/a Broadstone. Since FDOT does not enter into agreements with private property owners, the City was required to enter into the MMOA. The Right of Way Maintenance Agreement transfers the maintenance responsibilities in the MMOA from the City to Broadstone's owner/ developer, Boynton Beach Apartments Venture, LLC. How will this affect city programs or services? None Fiscal Impact: None Attachments: R24-265 Agenda_Item_2279-2023_Resolution_for_ROW_Maint_Agmt_- _Boynton_Beach_Apartments_-_Broadstone.docx Exhibit A to Resolution - Right_of_Way_Maintenance_Agreement-Alliance_Residential.pdf 40 RESOLUTION NO. R24-2651 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, APPROVING A RIGHT OF WAY MAINTENANCE 4 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND 5 BOYNTON BEACH APARTMENTS VENTURE, LLC FOR THE 6 INSTALLATION OF IRRIGATION, LANDSCAPE, AND HARDSCAPE 7 WITHIN THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-8 OF-WAY ALONG SOUTH FEDERAL HIGHWAY FOR THE ALLIANCE 9 RESIDENTIAL PROJECT A/K/A BROADSTONE; AND FOR ALL OTHER 10 PURPOSES. 11 12 WHEREAS, the City Commission of the City of Boynton Beach, Florida, is the governing 13 body of the City and has plenary authority over the roads, alleys, and rights-of-way within the City 14 street system; and 15 WHEREAS, the City generally maintains the City rights-of-way platted or dedicated for 16 public use; and 17 WHEREAS, Boynton Beach Apartments Venture, LLC (“Owner”) is the owner of the real 18 property located in Palm Beach County (“County”), Florida, which is comprised of 10 parcels (PCN: 19 08-43-45-27-04-000-0570, 08-43-45-27-04-000-0131, 08-43-45-27-04-000-0630, 08-43-45-27-20 04-000-0150, 08-43-45-27-04-000-0710, 08-43-45-27-04-000-0090, 08-43-45-27-04-000-0650, 21 08-43-45-27-04-000-0670, 08-43-45-27-04-000-0610, 08-43-45-27-04-000-0050) and generally 22 located at 150 S. Federal Highway, Boynton Beach, Florida 33435; and 23 WHEREAS, State Road 5/Federal Highway/US Highway 1 from M.P. 14.162 to M.P. 14.232 24 is a Florida State highway, which right-of-way is maintained by the Florida Department of 25 Transportation (“FDOT”); and 26 WHEREAS, as part of the Owner’s development of the Property, the Owner desires to 27 install certain irrigation, landscape, and hardscape improvements within the FDOT Federal 28 Highway right-of-way; and 29 WHEREAS, the City finds that the aesthetics and specialty features requested for the right-30 of-way by the Owner will enhance the streetscape to the benefit of the public; and31 WHEREAS, FDOT has agreed to allow such specialty hardscape, landscape, and irrigation 32 only if the City entered into that certain State of Florida Department of Transportation District 33 41 Four Landscape Maintenance Memorandum of Agreement, dated February 25, 2024, Permit No. 34 2023-L-496-00003 (the “MMOA”), for the maintenance of the improvements in the FDOT right-35 of-way; and 36 WHEREAS, the Owner agrees to assume the City’s maintenance obligations with FDOT 37 under the MMOA and to indemnify the City for any claims, damages, or payments made as a 38 result of the Owner’s failure to perform such maintenance obligations on the terms and conditions 39 set forth in this Agreement; and 40 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 41 best interests of the city's citizens and residents to approve a Right of Way Maintenance 42 Agreement between the City of Boynton Beach and Boynton Beach Apartments Venture, LLC for 43 the installation of irrigation, landscape, and hardscape within the Florida Department of 44 Transportation right-of-way along South Federal Highway for the Alliance Residential Project 45 a/k/a Broadstone.46 47 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 48 BEACH, FLORIDA, THAT:49 SECTION 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 50 being true and correct and are hereby made a specific part of this Resolution upon adoption.51 SECTION 2.The City Commission of the City of Boynton Beach, Florida, does hereby 52 approve a Right of Way Maintenance Agreement between Boynton Beach Apartments Venture, 53 LLC and the City for the installation of irrigation, landscape, and hardscape within the Florida 54 Department of Transportation right-of-way along South Federal Highway for the Alliance 55 Residential Project a/k/a Broadstone (the “Agreement”), in form and substance similar to that 56 attached as “Exhibit A.“57 SECTION 3.The City Commission of the City of Boynton Beach, Florida, hereby 58 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any 59 ancillary documents required under the Agreement or necessary to accomplish the purposes of 60 the Agreement and this Resolution.61 SECTION 4.Upon execution of the Agreement by the City, the City Clerk shall record 62 42 the Agreement in the Public Records of Palm Beach County. The City Clerk shall provide a copy 63 of the recorded Agreement to Milot Emile. 64 SECTION 5.This Resolution shall take effect in accordance with law.65 66 PASSED AND ADOPTED this ______________ day of ______________________________ 2024.67 CITY OF BOYNTON BEACH, FLORIDA68 YES NO69 Mayor – Ty Penserga __________70 71 Vice Mayor – Aimee Kelley __________72 73 Commissioner – Angela Cruz __________74 75 Commissioner – Woodrow L. Hay __________76 77 Commissioner – Thomas Turkin __________78 79 VOTE ______80 ATTEST:81 82 ___________________________________________________________83 Maylee De Jesús, MPA, MMC Ty Penserga84 City Clerk Mayor85 86 APPROVED AS TO FORM:87 (Corporate Seal)88 89 _______________________________90 Shawna G. Lamb91 City Attorney92 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 SECTION: 93010000 PERMIT: 2023-L-496-00003 COUNTY: Palm Beach STATE RD: 5 S:\Transportation Development\Design\In-House Design\Landscape Architecture\2 - AGREEMENTS\1 - MMOA\BOYNTON BEACH\2023-L-496-00003\Broadstone MMOA.docx STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DISTRICT FOUR LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this day of ____________20__, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of the State of Florida, hereinafter called the DEPARTMENT and the CITY OF BOYNTON BEACH, a municipal corporation, existing under the Laws of Florida, hereinafter called the AGENCY. W I T N E S S E T H: WHEREAS, the DEPARTMENT has jurisdiction over SR5 (US1/Federal Hwy) as part of the State Highway System as described in Exhibit "A"; and WHEREAS, the AGENCY seeks to install by permit and maintain certain landscape improvements within the right of way of SR5 (US1/Federal Hwy) as described within Exhibit "B"; and WHEREAS, as part of the continual updating of the State of Florida Highway System, the DEPARTMENT, for the purpose of safety, protection of the investment and other reasons, has constructed and does maintain the highway facility as described in Exhibit "A" attached hereto and incorporated by reference herein, within the corporate limits of the AGENCY; and WHEREAS, the AGENCY is agreeable to maintaining those landscape improvements within the AGENCY'S limits including plant materials, irrigation system and/or hardscape which may contain specialty surfacing (concrete pavers, color stamped concrete and color stamped asphalt [also known as patterned pavement]) including any other nonstandard hardscape (if applicable), but excluding standard concrete sidewalk, and agree such improvements shall be maintained by periodic mowing, fertilizing, weeding, litter pick-up, pruning, necessary replanting, irrigation repair and/or repair of the median concrete replacements associated with the specialty surfacing (if applicable) as needed; and WHEREAS, it is the intent of the AGENCY and the DEPARTMENT that the AGENCY shall maintain all right of way within the medians, outside the traveled way and improvements made to the traveled way that was made at the request of the AGENCY; and WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; and WHEREAS,the AGENCY, by Resolution No.__________, dated _______, 20_____, attached hereto as Exhibit “D”and by this reference made a part hereof, desires to enter into this Agreement and authorizes its officers to do so. MMOA Page 1 of 27 R24-034 February 20 24 25th February 24 58 S:\Transportation Development\Design\In-House Design\Landscape Architecture\2 - AGREEMENTS\1 - MMOA\BOYNTON BEACH\2023-L-496-00003\Broadstone MMOA.docx NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: 1. The recitals set forth above are true and correct and are deemed incorporated herein. 2. INSTALLATION OF FACILITIES The AGENCY shall install and agrees to maintain the landscape improvements described herein as: plant materials, irrigation and/or hardscape on the highway facilities substantially as specified in plans and specifications hereinafter referred to as the Project(s) and incorporated herein as Exhibit "B". Hardscape shall mean, but not be limited to, any site amenities such as landscape accent lighting, bike racks, fountains, tree grates, decorative free-standing walls, and/or sidewalk, median and/or roadway specialty surfacing such as concrete pavers, stamped colored concrete and/or stamped colored asphalt (also known as patterned pavement). (a) All plant materials shall be installed and maintained in strict accordance with sound nursery practice prescribed by the International Society of Arboriculture (ISA). All plant materials installed shall be Florida #1 or better according to the most current edition of Florida Department of Agriculture, Florida Grades and Standards for Nursery Stock; and all trees shall meet Florida Power & Light, Right Tree, Right Place, South Florida. (b) Trees and palms within the right of way shall be installed and pruned to prevent encroachment to roadways, lateral offsets, and sidewalks. Definition of these criteria is included in the most current editions of FDOT standards for design, construction, maintenance, and utility operations on the state highway system and Exhibit "C", the Maintenance Plan. (c) Tree and palm pruning shall be supervised by properly trained personnel trained in tree pruning techniques and shall meet the most current standards set forth by the International Society of Arboriculture (ISA) and the American National Standard Institute (ANSI), Part A-300. (d) Irrigation installation and maintenance activities shall conform to the standards set forth by the Florida Irrigation Society (FIS) latest edition of FIS, Standards and Specifications for Turf and Landscape Irrigation Systems. (e) The AGENCY shall provide the FDOT Local Operation Center accurate as-built plans of the irrigation system so if in the future there is a need for the DEPARTMENT to perform work in the area, the system can be accommodated as much as possible. (See paragraph ( l ) for contact information) (f) If it becomes necessary to provide utilities (water/electricity) to the median or side areas, it shall be the AGENCY’S responsibility to obtain a permit for such work through the local Operations Center (see paragraph ( l ) below) and the AGENCY shall be responsible for all associated fees for the installation and maintenance of these utilities. (g) All specialty surfacing shall be installed and maintained in strict accordance with MMOA Page 2 of 27 59 S:\Transportation Development\Design\In-House Design\Landscape Architecture\2 - AGREEMENTS\1 - MMOA\BOYNTON BEACH\2023-L-496-00003\Broadstone MMOA.docx the most current edition of the Florida Accessibility Code for Building Construction and the Interlocking Concrete Pavement institute (ICPI). (h) All activities, including landscape improvements installation and future maintenance operations performed on State highway right of way, must be in conformity with the most current edition of the Manual on Uniform Traffic Control (MUTCD) and FDOT Standard Plans for Road Construction, 102-XXX series, Maintenance of Traffic. (i) The most current edition of FDOT Design Manual, Section 212.11 and Exhibits 212.4 through 212.7 regarding clear sight triangles at intersections must be adhered to. (j) Clear Zone Lateral Offset and as specified in the FDOT Design Manual, Chapter 215 must be adhered to. (k) Landscape improvements shall not obstruct roadside signs or permitted outdoor advertising signs, (see Florida Administrative Code [F.A.C.] Rule Chapter 14-10.) (l) The AGENCY shall provide the local FDOT Operation Center located at Palm Beach Operations, 7900 Forest Hill Boulevard, West Palm Beach, FL 33413 (561) 432-4966 a twenty-four (24) hour telephone number and the name of a responsible person that the DEPARTMENT may contact. The AGENCY shall notify the local maintenance office forty-eight (48) hours prior to the start of the landscape improvements. (m) If there is a need to restrict the normal flow of traffic, it shall be done on non- holiday, weekday off-peak hours (9 AM to 3 PM), and the party performing such work shall give notice to the local law enforcement agency within whose jurisdiction such road is located prior to commencing work on the landscape improvements. The DEPARTMENT’S Operation Center Public Information Officer (see telephone number in Paragraph ( l ) shall also be notified. (n) The AGENCY shall be responsible for ensuring no impacts to utilities will occur within the landscape improvement limits before construction commences. (o) The AGENCY shall follow the minimum level of maintenance guidelines as set forth in FDOT’S Rule Chapter 14-40 Highway Beautification and Landscape Management, in the FDOT Guide to Roadside Mowing and Maintenance Management System, and Exhibit "C", the Maintenance Plan for maintenance activities for landscape improvements. 3. MAINTENANCE OF FACILITIES A. The AGENCY agrees to maintain the landscape improvements, as existing and those to be installed, within the physical limits described in Exhibit "A" and as further described in Exhibit "B". The non-standard improvements within and outside the traveled way shall be maintained by the AGENCY regardless if the said improvement was made by the DEPARTMENT, the AGENCY, or others authorized pursuant to Section 7, by periodic mowing, pruning, fertilizing, weeding, curb and sidewalk edging, litter pickup, necessary replanting, irrigation system repair and/ or MMOA Page 3 of 27 60 S:\Transportation Development\Design\In-House Design\Landscape Architecture\2 - AGREEMENTS\1 - MMOA\BOYNTON BEACH\2023-L-496-00003\Broadstone MMOA.docx repair of any median concrete replacement associated with specialty surfacing (if applicable) following the DEPARTMENT’S landscape safety and maintenance guidelines, Exhibit “C”, the Maintenance Plan. The AGENCY’S responsibility for maintenance shall include all landscaped, turfed and hardscape areas on the sidewalk or within the medians and areas outside the traveled way to the right of way and/or areas within the traveled way containing specialty surfacing. It shall be the responsibility of the AGENCY to restore an unacceptable ride condition of the roadway caused by the differential characteristics of non-standard traveled way surfacing (if applicable) on DEPARTMENT right of way within the limits of this Agreement. B. Such maintenance to be provided by the AGENCY is specifically set out as follows: to maintain, which means to properly water and fertilize all plant materials; to keep them as free as practicable from disease and harmful insects; to properly mulch the planting beds; to keep the premises free of weeds; to mow the turf to the proper height; to properly prune all plants which at a minimum includes: (1) removing dead or diseased parts of plants, (2) pruning such parts thereof to provide clear visibility to signage, permitted outdoor advertising signs per Florida Statute 479.106 and for those using the roadway and/or sidewalk; (3) preventing any other potential roadway hazards. Plant materials shall be those items which would be scientifically classified as plants and including trees, palms, shrubs, groundcover and turf. To maintain also means to remove or replace dead or diseased plant materials in their entirety, or to remove or replace those that fall below original project standards. Palms shall be kept fruit free year-round. To maintain also means to keep the header curbs that contain the specialty surfacing treatment in optimum condition. To maintain also means to keep the nonstandard hardscape areas clean, free from weeds and to repair said hardscape as is necessary to prevent a safety hazard. To maintain also means to keep litter removed from the median and areas outside the travel way to the right of way line. All plants removed for whatever reason shall be replaced by plants of the same species type, size, and grade as specified in the original plans and specifications. Any changes to the original plans shall be submitted by permit application to the DEPARTMENT for review and approval. C. If it becomes necessary to provide utilities (water/electricity) to the medians or areas outside the traveled way to maintain these improvements, all costs associated with the utilities associated for the landscape improvements including any impact and/or connection fees, and the on-going cost of utility usage for water and electrical, are the maintaining AGENCY’S responsibility. The AGENCY shall be directly responsible for impact and connection fees. D. The maintenance functions to be performed by the AGENCY may be subject to periodic inspections by the DEPARTMENT at the discretion of the DEPARTMENT. Such inspection findings will be shared with the AGENCY and shall be the basis of all decisions regarding repayment, reworking or agreement termination. The AGENCY shall not change or deviate from said plans without written approval of the DEPARTMENT. 4. DEPARTMENT ACCESS TO FACILITIES The DEPARTMENT will periodically need access to various features within the limits of this MMOA Page 4 of 27 61 S:\Transportation Development\Design\In-House Design\Landscape Architecture\2 - AGREEMENTS\1 - MMOA\BOYNTON BEACH\2023-L-496-00003\Broadstone MMOA.docx agreement. Upon request of the DEPARTMENT, the AGENCY will have 14 calendar days to provide access to the items noted by the DEPARTMENT. This may require temporary or permanent removal of improvements such as hardscape, landscape or other items conflicting with the items to which the Department needs access. Should the AGENCY fail to remove or relocate items as requested, the Department may: (a) Remove conflicting improvements or any portion thereof. (b) Restore the area with any material meeting Department standards. (c) Restore the improvements at the request and funding of the AGENCY. 5. NOTICE OF MAINTENANCE DEFICIENCIES If at any time after the AGENCY has undertaken the landscape improvements installation and/or maintenance responsibility for the landscape improvements it shall come to the attention of the DEPARTMENT’S District Secretary that the limits, or a part thereof, are not properly maintained pursuant to the terms of this Agreement, said District Secretary, may at his/her option, issue a written notice that a deficiency or deficiencies exist(s), by sending a certified letter to the AGENCY, to place said AGENCY on notice thereof. Thereafter, the AGENCY shall have a period of thirty (30) calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period, the DEPARTMENT may, at its option, proceed as follows: (a) Maintain the landscape improvements or any part thereof, with the DEPARTMENT or Contractor’s personnel and invoice the AGENCY for expenses incurred, and/or (b) At the discretion of the DEPARTMENT, terminate the Agreement in accordance with Paragraph 9 of this Agreement and remove, by the DEPARTMENT or Contractor’s personnel, all of the landscape improvements installed under this Agreement or any preceding Agreements, except as to trees and palms, and charge the AGENCY the reasonable cost of such removal. 6. FUTURE DEPARTMENT IMPROVEMENTS It is understood between the parties hereto that the landscape improvements covered by this Agreement may be removed, relocated, or adjusted at any time in the future, as determined to be necessary by the DEPARTMENT in order that the adjacent state road be widened, altered, or otherwise changed to meet future criteria or planning needs of the DEPARTMENT. The AGENCY shall be given sixty (60) calendar day notice to remove said landscape improvements at the AGENCY'S expense after which time the DEPARTMENT may remove same. All permits (including tree permits), fees, and any mitigation associated with the removal, relocation or adjustments of these improvements are the maintaining AGENCY’S responsibility. 7. FUTURE AGENCY IMPROVEMENTS The AGENCY may construct additional landscape improvements within the limits of the landscape improvements rights of ways identified as a result of this document, subject to the MMOA Page 5 of 27 62 S:\Transportation Development\Design\In-House Design\Landscape Architecture\2 - AGREEMENTS\1 - MMOA\BOYNTON BEACH\2023-L-496-00003\Broadstone MMOA.docx following conditions: (a) Plans for any new landscape improvements shall be subject to approval by the DEPARTMENT. The AGENCY shall not change or deviate from said plans without written approval by the DEPARTMENT. (b) All landscape improvements shall be developed and implemented in accordance with appropriate state safety and roadway design standards. (c) The AGENCY agrees to comply with the requirements of this Agreement with regard to any additional landscape improvements it chooses to have installed and there will be no cost to the DEPARTMENT. 8. ADJACENT PROPERTY OWNER IMPROVEMENTS The DEPARTMENT may allow an adjacent property owner to construct additional landscape improvements within the limits of the right of way identified in Exhibit "A" of this Agreement that the AGENCY shall be responsible for maintaining under this Agreement, subject to the following conditions: (a) Plans for any new landscape improvements shall be subject to approval by the DEPARTMENT and shall require a valid permit attached with a letter of consent to said plans by the AGENCY. The plans shall not be changed or deviated from without written approval by the DEPARTMENT and the AGENCY . (b) All landscape improvements shall be developed and implemented in accordance with appropriate state safety and roadway design standards. (c) The AGENCY agrees to comply with the requirements of this Agreement with regard to any additional landscape improvements installed by an adjacent owner. 9. AGREEMENT TERMINATION In addition to those conditions otherwise contained herein, this Agreement may be terminated under any one (1) of the following conditions: (a) By the DEPARTMENT, if the AGENCY fails to perform its duties under this Agreement, following ten (10) days written notice. (b) By the DEPARTMENT, for refusal by the AGENCY to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the AGENCY in conjunction with this Agreement. 10. AGREEMENT TERM (a) The term of this Agreement commences upon execution by all parties and shall remain in effect for the life of the improvement, or until this Agreement is terminated by either party in accordance with Paragraph 9. (b) If the DEPARTMENT chooses to cancel the landscape improvements described in MMOA Page 6 of 27 63 S:\Transportation Development\Design\In-House Design\Landscape Architecture\2 - AGREEMENTS\1 - MMOA\BOYNTON BEACH\2023-L-496-00003\Broadstone MMOA.docx Exhibit "B", this Agreement becomes void and the original Agreement is reinstated, if any. 11. LIABILITY AND INSURANCE REQUIREMENTS A. With respect to any of the AGENCY’S agents, consultants, sub-consultants, contractors and/or sub-contractors, such party in any contract for the landscape improvements shall agree to indemnify, defend, save and hold harmless the DEPARTMENT from all claims, demands, liabilities, and suits of any nature arising out of, because of or due to any intentional and/or negligent act or occurrence, omission or commission of such agents, consultants, subconsultants, contractors and/or subcontractors. The AGENCY shall provide the DEPARTMENT with written evidence of the foregoing upon the request of the DEPARTMENT. It is specifically understood and agreed that this indemnification clause does not cover or indemnify the DEPARTMENT for its own negligence. B. In the event that AGENCY contracts with a third party to provide the services set forth herein, any contract with such third party shall include the following provisions: (1) AGENCY’S contractor shall at all times during the term of this Agreement keep and maintain in full force and effect, at contractor’s sole cost and expense, Comprehensive General Liability with minimum limits of $1,000,000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability and Worker’s Compensation insurance with minimum limits of $500,000.00 per Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability and Worker’s Compensation policy without restrictive endorsements, as filed by the Insurance Services Office. The AGENCY and DEPARTMENT shall be named as additional insured on such policies. (2) AGENCY’S contractor shall furnish AGENCY with Certificates of Insurance of Endorsements evidencing the insurance coverage specified herein prior to the beginning performance of work under this Agreement. (3) Coverage is not to cease and is to remain in full force and effect (subject to cancellation notice) until all performance required of AGENCY’S contractor is completed. All policies must be endorsed to provide the DEPARTMENT with at least thirty (30) day notice of cancellation and/or restriction. If any of the insurance coverage will expire prior to the completion of work, copies of renewal policies shall be furnished at least (30) days prior to the date of expiration. 12. E-VERIFY REQUIREMENTS The AGENCY shall: (a) Utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the AGENCY during the term of the contract; and (b) Expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland MMOA Page 7 of 27 64 S:\Transportation Development\Design\In-House Design\Landscape Architecture\2 - AGREEMENTS\1 - MMOA\BOYNTON BEACH\2023-L-496-00003\Broadstone MMOA.docx Security’s E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 13. SUPERSEDED AGREEMENTS This writing embodies the entire Agreement and understanding between the parties hereto and there are no other Agreements and understanding, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 14. FISCAL TERMS The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money will/may be paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the DEPARTMENT that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one (1) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the DEPARTMENT which are for an amount in excess of TWENTY-FIVE THOUSAND DOLLARS ($25,000.00) and which have a term for a period of more than one year. 15. DISPUTES The DEPARTMENT’S District Secretary shall decide all questions, difficulties, and disputes of any nature whatsoever that may arise under or by reason of this Agreement, the prosecution or fulfillment of the service hereunder and the character, quality, amount, and value thereof; and his decision upon all claims, questions, and disputes shall be final and conclusive upon the parties hereto. 16. ASSIGNMENT This Agreement may not be assigned or transferred by the AGENCY, in whole or in part, without the prior written consent of the DEPARTMENT. 17. LAWS GOVERNING This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. The AGENCY agrees to waive forum and jurisdictional venue. The DEPARTMENT shall determine the forum and venue in which any dispute under this Agreement is decided. 18. NOTICES Any and all notices given or required under this Agreement shall be in writing and either personally delivered with receipt acknowledgement or sent by certified mail, return receipt requested. All notices shall be sent to the following addresses: MMOA Page 8 of 27 65 S:\Transportation Development\Design\In-House Design\Landscape Architecture\2 - AGREEMENTS\1 - MMOA\BOYNTON BEACH\2023-L-496-00003\Broadstone MMOA.docx If to the DEPARTMENT: Florida Dept. of Transportation 3400 West Commercial Blvd. Ft. Lauderdale, FL 33309-3421 Attn: Kaylee Kildare District IV Landscape Manager If to the AGENCY: City of Boynton Beach 100 East Ocean Avenue Boynton Beach, FL 33435 Attn: Craig Pinder Title: City Planner 19. LIST OF EXHIBITS Exhibit A: Landscape Improvements Maintenance Boundaries Exhibit B: Landscape Improvement Plans Exhibit C: Maintenance Plan for Landscape Improvements Exhibit D: Resolution MMOA Page 9 of 27 66 MMOA Page 10 of 27 67 SECTION: 93010000 PERMIT: 2023-L-496-00003 COUNTY: Palm Beach STATE RD: 5 S:\Transportation Development\Design\In-House Design\Landscape Architecture\2 - AGREEMENTS\1 - MMOA\BOYNTON BEACH\2023-L-496-00003\Broadstone MMOA.docx EXHIBIT A LANDSCAPE IMPROVEMENTS MAINTENANCE BOUNDARIES I. LIMITS OF MAINTENANCE FOR LANDSCAPE IMPROVEMENTS: State Road 5 / Federal Highway / US Highway 1 from M.P. 14.162 to M.P. 14.232 II. LANDSCAPE IMPROVEMENTS MAINTENANCE BOUNDARIES: See attached map. MMOA Page 11 of 27 68 MMOA Page 12 of 27 69 SECTION: 93010000 PERMIT: 2023-L-496-00003 COUNTY: Palm Beach STATE RD: 5 S:\Transportation Development\Design\In-House Design\Landscape Architecture\2 - AGREEMENTS\1 - MMOA\BOYNTON BEACH\2023-L-496-00003\Broadstone MMOA.docx EXHIBIT B LANDSCAPE IMPROVEMENT PLANS The AGENCY agrees to install the landscape improvements in accordance with the plans and specifications attached hereto and incorporated herein. Please see attached plans prepared by: Herbert C. Hodgman, RLA Rhett Roy Landscape Architecture Date:, 2023 MMOA Page 13 of 27 70 Herbert C Hodgman Digitally signed by Herbert C Hodgman Date: 2023.10.16 07:54:11 -04'00' MMOA Page 14 of 27 71 Herbert C Hodgman Digitally signed by Herbert C Hodgman Date: 2023.10.16 07:55:34 -04'00' MMOA Page 15 of 27 72 Herbert C Hodgman Digitally signed by Herbert C Hodgman Date: 2023.10.16 07:55:55 -04'00' MMOA Page 16 of 27 73 Herbert C Hodgman Digitally signed by Herbert C Hodgman Date: 2023.10.16 07:56:19 -04'00' MMOA Page 17 of 27 74 SECTION: 93010000 PERMIT: 2023-L-496-00003 COUNTY: Palm Beach STATE RD: 5 S:\Transportation Development\Design\In-House Design\Landscape Architecture\2 - AGREEMENTS\1 - MMOA\BOYNTON BEACH\2023-L-496-00003\Broadstone MMOA.docx EXHIBIT C MAINTENANCE PLAN FOR LANDSCAPE IMPROVEMENTS This Exhibit forms an integral part of the DISTRICT FOUR (4) LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT between the State of Florida, Department of Transportation and the AGENCY. Please see attached MMOA Page 18 of 27 75 S:\Transportation Development\Design\In-House Design\Landscape Architecture\2 - AGREEMENTS\1 - MMOA\BOYNTON BEACH\2023-L-496-00003\Broadstone MMOA.docx MAINTENANCE PLAN Landscape Improvements Project State Road No(s): SR5 / Federal Hwy / US1 from M.P. 14.162 to M.P. 14.232 Permit or FM No(s): 2023-L-496-00003 RLA of Record: Herbert C. Hodgman Maintaining Agency: City of Boynton Beach Date: March 23, 2023 --------------------------------------------------------------------------------------------------------------------- The purpose of a plan for the landscape improvements maintenance practices is to allow the plant material on your project to thrive in a safe and vigorous manner while fulfilling their intended purpose and conserving our natural resources. Plantings and all other landscape improvements within FDOT right of way shall be maintained to avoid potential roadway hazards and to provide required clear visibility, accessibility, clearance, and setbacks as set forth by Florida Department of Transportation (FDOT) governing standards and specifications: FDOT Standard Plans, FDOT Plans Design Manual and FDOT Standard Specifications for Road and Bridge Construction, as amended by contract documents, and all other requirements set forth by the District 4 Operations Maintenance Engineer. Part I of the Maintenance Plan describes general maintenance requirements and recommendations that are standard for all projects. Part II provides recommendations prepared by the Registered Landscape Architect of Record specific to the attached approved plans. PART I. GENERAL MAINTENANCE REQUIREMENTS AND RECOMMENDATIONS: WATERING REQUIREMENTS Watering is a critical concern for not only the maintenance of healthy plant material but also for observing water conservation practices. The amount of water to apply at any one time varies with the weather, drainage conditions and water holding capacity of the soil. For plant materials that have been established, it is imperative that any mandated water restrictions be fully conformed to on FDOT roadways. Proper watering techniques should provide even and thorough water dispersal to wet the entire root zone, but not saturate the soil or over-spray onto travel lanes. IRRIGATION SYSTEM The Agency shall ensure there are no roadway overspray or irrigation activities during daytime hours (most notably “rush hour” traffic periods). It is imperative the irrigation controller is properly set to run early enough that the watering process will be entirely completed before high traffic periods, while adhering to mandated water restrictions. To ensure water conservation, the Agency shall monitor the system for water leaks and the rain sensors to ensure they are functioning properly so that the system shuts down when there is sufficient rainfall. MULCHING Mulch planting beds to prevent weed growth, retain moisture to the plants, protect against soil erosion and nutrient loss, maintain a more uniform soil temperature, and improve the appearance of the planting beds. Do not mound mulch against the trunks of trees, palms, and the base of shrubs to allow air movement which aids in lowering disease susceptibility. Cypress mulch is prohibited on state right of way. MMOA Page 19 of 27 76 S:\Transportation Development\Design\In-House Design\Landscape Architecture\2 - AGREEMENTS\1 - MMOA\BOYNTON BEACH\2023-L-496-00003\Broadstone MMOA.docx INTEGRATED PLANT MANAGEMENT An assessment of each planting area’s soil is recommended to periodically determine the nutrient levels needed to sustain healthy, vigorous plant growth. Palms, shrubs, trees, and turf areas shall be fertilized in such a manner and frequency to ensure that the plant material remains healthy and vigorously growing. Please be alert to changes in fertilization types per University of Florida, Institute of Food and Agricultural Services (I.F.A.S.) recommendations. Establishment of an integrated pest management program is encouraged to ensure healthy plants, which are free of disease and pests. PRUNING All pruning, and the associated safety criteria, shall be performed according to American National Standard Institute (ANSI) A300 standards and shall be supervised by an International Society of Arboriculture (ISA) Certified Arborist. Pruning shall be carried out with the health and natural growth of plant materials in mind, to achieve the FDOT requirements for maintaining clear visibility for motorists, and provide vertical clearance for pedestrian, bicyclist, and truck traffic where applicable. Visibility windows must be maintained free of view obstructions, and all trees and palms must be maintained to prevent potential roadway and pedestrian hazards. All palms are to be kept fruit free. The understory plant materials selected for use within the restricted planting areas (Limits of Clear Sight) are to be mature height in compliance with the FDM Window Detail. Vertical clear zones for vegetation heights over roadways and sidewalks must meet the requirements of the FDOT Maintenance Rating Program (MRP) standards. See Reference pages. The R.L.A. of Record will provide the specific pruning heights for mature or maintained height and spread of all plant material to achieve the design intent shall be noted in Part II., Specific Project Site Maintenance Requirements and Recommendations. STAKING AND GUYING All staking materials are to be removed after one year or as directed by the RLA of Record.). Any subsequent staking and guying activities by the Agency must adhere to FDOT Standard Plans guidelines (See Index 580-001). The Agency shall closely monitor staking and guying attachment materials so that they are securely fastened to avoid potential roadway hazards. TURF MOWING All grassed areas are to be mowed and trimmed with sufficient frequency to maintain a deep, healthy root system while providing a neat and clean appearance to the urban landscape. All turf efforts, mowing, curb/sidewalk edging and turf condition, must at a minimum, meet FDOT Maintenance Rating Program (MRP). LITTER CONTROL The project site shall remain as litter free as practicable. It is recommended to recycle this litter to avoid unnecessary waste by its reuse. Litter removal efforts must meet FDOT Maintenance Rating Program (MRP) standards. WEEDING/HERBICIDE All planting areas shall be maintained as weed free as practicable by enlisting integrated pest management practices in areas specified on the plans and maintaining proper mulch levels. Extreme care is recommended when using a chemical herbicide to avoid overspray onto plant materials. It is the applicator’s responsibility to restore any damage resulting from overspray to the plantings, per the approved plans. MMOA Page 20 of 27 77 S:\Transportation Development\Design\In-House Design\Landscape Architecture\2 - AGREEMENTS\1 - MMOA\BOYNTON BEACH\2023-L-496-00003\Broadstone MMOA.docx PLANT REPLACEMENT Plant replacement shall be the same species and specification as the approved plan. Move and replace all plant materials that may conflict with utility relocations and service. Only plants graded Florida #1 or better, per the Florida Department of Agriculture and Consumer Services, Grades and Standards for Nursery Plants are permitted on FDOT roadways. Should it become necessary to change the species, a permit is required from FDOT for approval by the FDOT District Landscape Architect. TREE CELL STRUCTURES Underground tree cells shall be maintained in such a manner as to prolong the life of the structure and prevent potential safety hazards. If the structures fail or become damaged, they shall be replaced with the same type and specification as the approved plan. LANDSCAPE ACCENT LIGHTING Landscape accent lighting shall be maintained in such a manner as to prolong the life of the lighting fixture and prevent potential safety hazards. If the lighting fixtures and their system become damaged, they shall be replaced with the same type and specification as the approved plan. Landscape lighting shall meet requirements for the sea turtle nesting and hatching. HARDSCAPE (SPECIALTY SURFACING) All tree grates and specialty surfacing (if applicable) shall be maintained in such a manner as to prevent any potential tripping hazards and protect damage to the surfacing and tree grates. Final surface tolerance from grade elevations shall, at a minimum, meet the most current FDOT Maintenance Rating Program Handbook for a sidewalk; ADA accessible sidewalk; and FDOT Design Standards for Design, Construction, Maintenance and Utility Operations on The State Highway System. If the specialty surfacing or tree grates become damaged, they shall be replaced with the same type and specification as the approved plan. HARDSCAPE (CONCRETE PAVERS) All concrete pavers (if applicable) shall be maintained in such a manner as to prevent any potential tripping hazards and protect damage to the pavers. Final surface tolerance from grade elevations shall, at a minimum, meet the most current Interlocking Concrete Pavement Institute (ICPI), Guide Specifications for Pavers on an Aggregate Base, Section 23 14 13 Interlocking Concrete Pavers, Part 3.05. If the concrete pavers become damaged, they shall be replaced with the same type and specification as the approved plan. It shall be the responsibility of the AGENCY to maintain all signs located within a non-standard surfacing area. Such maintenance to be provided by the AGENCY shall include repair and replacement of the sign panel, post, and base. HARDSCAPE (NON-STANDARD TRAVELED WAY SURFACING) It shall be the responsibility of the AGENCY to restore an unacceptable ride condition of the roadway, including asphalt pavement (if applicable), caused, or contributed by the installation or failure of non-standard surfacing, and/or the header curb, on the Department of Transportation right of way within the limits of this Agreement. Pavement restoration areas or “patches” will have a minimum length of 10-ft, measured from the edge of the header curb, and a width to cover full lanes for each lane affected by the restoration. Pavement restoration will be performed in accordance with the most current edition of the FDOT Standard Specifications for Road and Bridge Construction, and the FDOT Design Standards for Design, Construction, Maintenance and Utility Operations on the State Highway System . MMOA Page 21 of 27 78 S:\Transportation Development\Design\In-House Design\Landscape Architecture\2 - AGREEMENTS\1 - MMOA\BOYNTON BEACH\2023-L-496-00003\Broadstone MMOA.docx SITE FURNISHINGS Site furnishing such as Trash Receptacles, Benches, Bollards and Bicycle Racks shall be maintained in such a manner as to prolong the life of the fixture and prevent potential safety hazards. If the fixtures and their overall function and mounting systems become damaged, they shall be replaced with the same type and specification as the approved plan. MAINTENANCE OF TRAFFIC CONTROL Reference the FDOT website regarding the selection of the proper traffic control requirements to be provided during routine maintenance and / or new installations of this DOT roadway. VEGETATION MANAGEMENT AT OUTDOOR ADVERTISING (ODA) (IF APPLICABLE) To avoid conflicts with permitted outdoor advertising, please reference the State of Florida website regarding the vegetation management of outdoor advertising. This website provides a portal to search the FDOT Outdoor Advertising Inventory Management System Database. The database contains an inventory of outdoor advertising structures, permits and other related information maintained by the Department. Also, reference the Florida Highway Beautification Program website link for Vegetation Management at ODA signs Florida Statutes and Florida Administrative Code related to vegetation management at outdoor advertising sign, permit applications for vegetation management and determining mitigation value of roadside vegetation. PART II. SPECIFIC PROJECT SITE MAINTENANCE REQUIREMENTS AND RECOMMENDATIONS: 1. The design intent is to provide non-vehicular passage adjacent to east side of tall residential tower to include pavers, shade trees, shrubs and pedestrian lights. 2. Canopy Trees are intended to be maintained at mature height and spread (Refer to Part I Pruning, for clear sight window and vertical clear zone pruning requirements.) 3. Remove suckering growth from base and clear trunk areas for single trunked trees on a quarterly schedule. 4. To maintain the intended appearance of all palms, apply the latest palm fertilizer recommended by the University of Florida IFAS Extension per the manufacturer’s specifications. 5. To maintain the intended appearance of all shrubs or turf grass, apply the latest fertilizer recommended by the University of Florida IFAS Extension per the manufacturer’s specifications. 6. Do not remove fronds from self-cleaning palms, unless damaged. Palms with persistent fronds shall only have dead fronds removed, do not remove any green fronds. If it is deemed necessary to prune a palm’s fronds, no fronds shall be trimmed above 3 o’clock and 9 o’clock on the horizontal plain. MMOA Page 22 of 27 79 S:\Transportation Development\Design\In-House Design\Landscape Architecture\2 - AGREEMENTS\1 - MMOA\BOYNTON BEACH\2023-L-496-00003\Broadstone MMOA.docx 7. Groundcover and shrub horizontal growth shall be maintained to prevent foliage from growing beyond the limits of the planting areas shown on the plan. Maintain a 12” setback from the foliage to the edge of sidewalk and other hardscape improvements. 8. Maintain the vertical height of: Ficus Green Island between 16” and 18”, full to ground Wax Jasmine between 16” and 18”, full to ground Firebush between 22” and 24”, full to ground Cocoplum between 28” and 30”, full to ground Podocarpus between 28” and 30”, full to ground Floratam sod to be maintained at 1 1/2” blade height and cut on a bi-weekly schedule. 9. Inspect groundcovers and shrubs on a monthly basis for maintaining full ground coverage. 10. Evaluate plant material on a monthly basis for pests, diseases, drought stress or general decline. If required, follow the integrated pest management program established by the Agency to ensure healthy plants. 11. Concrete pavers shall be inspected on a monthly basis for the aesthetic appearance and safety conditions. Address any issues identified by repairing or replacing those specific locations. To maintain the overall aesthetic appearance and safety of the concrete pavers they shall be cleaned on a twice yearly basis to prevent mold, dirt, oil, and gum build up. Joints and cracks in concrete, patterned concrete or asphalt, concrete pavers, concrete curbs, expansion joints, catch basins, gutter areas, etc. shall be inspected on a monthly basis to keep those areas free of weeds. 12. Inspect the irrigation system performance on a monthly basis to ensure the system is providing 100% coverage, does not have sections of low pressure, heads and valves are clean and clear of debris and any damaged irrigation components (i.e., spray nozzles, spray heads, valve boxes, etc.) are repaired or replaced. MMOA Page 23 of 27 80 S:\Transportation Development\Design\In-House Design\Landscape Architecture\2 - AGREEMENTS\1 - MMOA\BOYNTON BEACH\2023-L-496-00003\Broadstone MMOA.docx REFERENCES (4-27-20) This reference list is provided as a courtesy. The list may not contain the most current websites. The most current references must be accessed for up-to-date information. Accessible Sidewalk (ADA) http://www.access-board.gov/guidelines-and-standards/streets-sidewalks Americans with Disabilities Act (ADA) (ADAAG) http://www.ada.gov/2010ADAstandards_index.htm American National Standard Institute, ANSI A300, (Part 1) for Tree Care Operations – Trees, Shrub, and Other Woody Plant Maintenance – Standard Practices (Pruning), available for purchase http://webstore.ansi.org Florida Department of Agriculture and Consumer Services, Division of Plant Industry, Florida Grades and Standards for Nursery Plants 2015 http://www.freshfromflorida.com/Divisions-Offices/Plant- Industry/Bureaus-and-Services/Bureau-of-Plant-and-Apiary-Inspection Florida Department of Community Affairs (DCA), Florida Board of Building Codes & Standards, 2017 Florida Building Code, Chapter 11 Florida Accessibility Code for Building Construction Part A http://www.floridabuilding.org/fbc/workgroups/Accessibility_Code_Workgroup/Documentation/CHAPT ER_11_w_fla_specifics.htm Florida Department of Transportation, Program Management, Maintenance Specifications Workbook Supplemental Specifications, Section 580 Landscape Installation http://www.fdot.gov/programmanagement/Maintenance/2019Jan/default.shtm Florida Department of Transportation, FDOT Standard Plans for Design, Construction, Maintenance and Utility Operations on the State Highway System, Index 580-001 Landscape Installation http://www.fdot.gov/design/standardplans/current/IDx/580-001.pdf Florida Department of Transportation, FDOT Design Manual for Design, Construction, Maintenance and Utility Operations on the State Highway System, Chapter 212.11 Clear Sight Triangles http://www.fdot.gov/roadway/FDM/current/2018FDM212Intersections.pdf Florida Department of Transportation, FDOT Design Manual for Design, Construction, Maintenance and Utility Operations on the State Highway System, Chapter 215.2.3 Clear Zone Criteria and 215.2.4 Lateral Offset, Table 215.2.1 Clear Zone Width Requirements, Table 215.2.2 Lateral Offset Criteria (for Trees) http://www.fdot.gov/roadway/FDM/current/2018FDM215RoadsideSafety.pdf Florida Department of Transportation, FDOT Standard Plans for Design, Construction, Maintenance and Utility Operations on the State Highway System, Index Series 102-600 Traffic Control through Work Zones http://www.fdot.gov/design/standardplans/current/IDx/102-600.pdf Department of Transportation, Landscape Architecture Website www.MyFloridaBeautiful.com Florida Department of Transportation, Maintenance Rating Program Handbook http://www.dot.state.fl.us/statemaintenanceoffice/MaintRatingProgram.shtm Florida Department of Transportation Outdoor Advertising Database http://www2.dot.state.fl.us/rightofway/ Florida Exotic Pest Plant Council Invasive Plant Lists http://www.fleppc.org/list/list.htm Florida Irrigation Society http://www.fisstate.org Florida Power and Light (FPL), Plant the Right Tree in the Right Place http://www.fpl.com/residential/trees/right_tree_right_place.shtml MMOA Page 24 of 27 81 SECTION: 93010000 PERMIT: 2023-L-496-00003 COUNTY: Palm Beach STATE RD: 5 S:\Transportation Development\Design\In-House Design\Landscape Architecture\2 - AGREEMENTS\1 - MMOA\BOYNTON BEACH\2023-L-496-00003\Broadstone MMOA.docx EXHIBIT D RESOLUTION This Exhibit forms an integral part of the DISTRICT FOUR (4) HARDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT between the State of Florida, Department of Transportation and the AGENCY. Please see attached (To be provided by City) MMOA Page 25 of 27 82 MMOA Page 26 of 27 83 MMOA Page 27 of 27 84 City of Boynton Beach Agenda Item Request Form 6.C Consent Agenda 11/ 4/2024 Meeting Date: 11/ 4/2024 Proposed Resolution No. R24-266- Approving and authorizing the Mayor to sign the Recreation and Parks Special Events Application to the Town of Ocean Ridge for Oceanfront Bark events. Requested Action: Staff recommends approval of Proposed Resolution No. R24-266. Explanation of Request: Recreation and Parks is requesting that the City Commission approve the Special Event Application to be submitted to the Town of Ocean Ridge that will allow the Recreation and Parks Department to hold its Oceanfront Bark events. How will this affect city programs or services? Support Services will be provided by Public Works and parking will be free at Oceanfront Park from 9:00 A.M. to 12:00 P.M. Fiscal Impact: Parking fees will be waived for the duration of the event from 9:00 A.M. to 12:00 P.M. Attachments: R24-266 Agenda_Item_2282-2023_Resolution_for_Special_Event_Permit_Application.docx 85 RESOLUTION NO. R24-2661 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, APPROVING THE CITY TO SUBMIT A SPECIAL EVENT 4 PERMIT APPLICATION TO THE TOWN OF OCEAN RIDGE FOR 5 OCEANFRONT BARK EVENTS; AND FOR ALL OTHER PURPOSES. 6 7 WHEREAS, the Recreation and Parks Department is requesting that the City Commission 8 approve the Special Event Application to be submitted to the Town of Ocean Ridge that will allow 9 the Recreation and Parks Department to hold its Oceanfront Bark events; and10 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 11 best interests of the city's citizens and residents to approve the City to submit a Special Event 12 Permit Application to the Town of Ocean Ridge for Oceanfront Bark events. 13 14 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 15 BEACH, FLORIDA, THAT:16 SECTION 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 17 being true and correct and are hereby made a specific part of this Resolution upon adoption.18 SECTION 2.The City Commission of the City of Boynton Beach, Florida, does hereby 19 approve a Special Event Permit Application to the Town of Ocean Ridge for Oceanfront Bark 20 events (the “Application”), in form and substance similar to that attached as “Exhibit A.“21 SECTION 3.The City Commission of the City of Boynton Beach, Florida, hereby 22 authorizes the Mayor to execute the Application. The Mayor is further authorized to execute any 23 ancillary documents as may be necessary to accomplish the purpose of this Resolution.24 SECTION 4.The Application shall be provided to Justin Johnson to submit to the Town 25 of Ocean Ridge.26 SECTION 5.This Resolution shall take effect in accordance with law.27 [signatures on the following page]28 29 86 PASSED AND ADOPTED this ______________ day of ______________________________ 2024.30 CITY OF BOYNTON BEACH, FLORIDA31 YES NO32 Mayor – Ty Penserga __________33 34 Vice Mayor – Aimee Kelley __________35 36 Commissioner – Angela Cruz __________37 38 Commissioner – Woodrow L. Hay __________39 40 Commissioner – Thomas Turkin __________41 42 VOTE ______43 ATTEST:44 45 ___________________________________________________________46 Maylee De Jesús, MPA, MMC Ty Penserga47 City Clerk Mayor48 49 APPROVED AS TO FORM:50 (Corporate Seal)51 52 _______________________________53 Shawna G. Lamb54 City Attorney55 87 City of Boynton Beach Agenda Item Request Form 6.D Consent Agenda 11/ 4/2024 Meeting Date: 11/ 4/2024 Proposed Resolution No. R24-267- Authorizing the Mayor to sign Cemetery Lot Deeds and Mausoleum Certificates. Requested Action: Staff recommends approval of Proposed Resolution No. R24-267. Explanation of Request: The City of Boynton Beach created a cemetery in September of 1953, with Ordinance No. 241, and through this ordinance, it requires the City to provide deeds to the residents that purchase lots and mausoleums. These deeds need to be fully executed to be sent to the residents who purchased the properties. There is no authority in the City Code for anyone to execute these deeds. This resolution will allow the Mayor to execute cemetery deeds as needed now and in the future. The cemetery deeds attached are currently pending execution. How will this affect city programs or services? Reduces administrative bureaucracy and allows the City to timely issue cemetery deeds. Fiscal Impact: None Attachments: R24-267 Agenda_Item_2317-2023_Resolution_for_Cemetery_Deeds.docx Acclema Rose Wade.pdf Angelica Palank-Sharlet.pdf Robert J Rossi.pdf Margartia Frias.pdf Ateria Potts.pdf Aristhene Fermelus.pdf James Hardenbergh.pdf Maguene Cadet.pdf Chris Lancaster.pdf Jacarada Banks.pdf Jules Joseph.pdf Rosette Briseus.pdf 88 RESOLUTION NO. R24-2671 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, AUTHORIZING THE MAYOR TO SIGN CEMETERY 4 LOT DEEDS AND MAUSOLEUM CERTIFICATES; AND FOR ALL OTHER 5 PURPOSES. 6 7 WHEREAS, the City of Boynton Beach created a cemetery in September 1953, approved 8 by Ordinance No. 241. This ordinance requires the City to provide deeds to the residents who9 purchase lots and mausoleums. These deeds need to be fully executed in order to be sent to the 10 residents who purchased the properties; and11 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 12 best interests of the city's citizens and residents to authorize the Mayor to sign Cemetery Lot 13 Deeds and Mausoleum Certificates henceforth until further action of the Commission. 14 15 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 16 BEACH, FLORIDA, THAT:17 SECTION 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 18 being true and correct and are hereby made a specific part of this Resolution upon adoption.19 SECTION 2.The City Commission of the City of Boynton Beach, Florida, does hereby 20 authorize the Mayor to sign Cemetery Lot Deeds and Mausoleum Certificates henceforth until 21 further action of the Commission. 22 SECTION 3.This Resolution shall take effect in accordance with law.23 [signatures on the following page]24 25 89 PASSED AND ADOPTED this ______________ day of ______________________________ 2024.26 CITY OF BOYNTON BEACH, FLORIDA27 YES NO28 Mayor – Ty Penserga __________29 30 Vice Mayor – Aimee Kelley __________31 32 Commissioner – Angela Cruz __________33 34 Commissioner – Woodrow L. Hay __________35 36 Commissioner – Thomas Turkin __________37 38 VOTE ______39 ATTEST:40 41 ___________________________________________________________42 Maylee De Jesús, MPA, MMC Ty Penserga43 City Clerk Mayor44 45 APPROVED AS TO FORM:46 (Corporate Seal)47 48 _______________________________49 Shawna G. Lamb50 City Attorney51 90 MUNICIPAL CEMETERY CITY OF BOYNTON BEACH TRANSFER OF LOT DEED Know x11 Ken by These Presents, That the City of Boynton Beach, Florida, a municipal corporation organized under and by virtue of the laws of the State of Florida,having its principal place of business in the County of Palm Beach of said State, party of the first part, in consideration of Seventy-Five Dollars, which is hereby acknowledged to have been paid by Acclema Rose Wade,party of the second part, of the County of Palm Beach, State of Florida, doth hereby grant,bargain, sell, and convey to the said party/parties of the second part, his and/or her heirs or assigns (subject to the conditions herein set forth), the following described lot or parcel of land in Municipal Cemetery,in said City and County,to-wit: LOT 558 A, BLOCK 0 according to the plat or plan of said cemetery on file in the office of the Clerk of the Circuit Court in and for the County of Palm Beach. TO HAVE AND TO HOLD the same unto the said party/parties of the second part,his and/or her heirs of assigns, forever, with the sole and exclusive right of burying the dead therein, subject, however, at all times to all rules, regulations and by-laws of said City or of the Board of Governors of said cemetery,now existing or that may hereafter be adopted relating to the government or management of said cemetery(which are to be considered as incorporated herein)and any law or laws of the State of Florida which may affect the same.Where the title to any lot is vested in more than one person,the signature of any one of the grantees named in the deed of conveyance,heirs or assigns,to an application for burial permit shall be full and sufficient authority to said City for the Issuance of such permit and allowing the burial to be made in accordance therewith. And the said City of Boynton Beach does hereby covenant with the said party/parties of the second part,his and/or her heirs and assigns,that said City is lawfully seized in fee simple of the aforementioned premises and of the ways leading to the same from the highway;that the granted premises are free from all encumbrances and that the said city has good right to sell and convey the same to the said party/parties of the second part, in the manner and for the purposes aforesaid,and will warrant and defend the same unto the said party/parties of the second part,his and/or her heirs and assigns forever. 91 IN WITNESS WHEREOF the said City of Boynton Beach,a municipal corporation, has caused these presents to be signed by its Mayor, attested by its City Clerk, and sealed with its corporate seal, this day of 2024 A.D. Approved as to form: CITY OF BOYNTON BEACH City Attorney By Mayor Signed,sealed and delivered in the presence of ATTEST: City Clerk COUNTY OF PALM BEACH } SS STATE OF FLORIDA Before me personally appeared Ty Penserga,to me well known as the Mayor of the City of Boynton Beach, Florida, a municipal corporation, and acknowledged that he executed the foregoing conveyance by means of X physical presence or online notarization as and for the deed of said city,and in his capacity as Mayor thereof; IN WITNESS WHEREOF,I,an officer duly authorized under the laws of Florida to take acknowledgements of deeds, have hereunto set my hand and affixed my seal at Boynton Beach, Florida, the day of A.D. 2024. Notary Public in and for the State of Florida at Large My commission expires Before me personally appeared Maylee De Jesus, to me well known as the City Clerk of said City and acknowledged that she attested,by means of X physical presence or online notarization, in her capacity,as City Clerk,the execution of the foregoing deed by the Mayor aforesaid,and that she affixed the corporate seal of said corporation thereto. IN WITNESS WHEREOF,I,an officer duly authorized under the laws of Florida to take acknowledgements of deeds, have hereunto set my hand and affixed my seal at Boynton Beach, Florida, the day of A.D. 2024. Notary Public in and for the State of Florida at Large My commission expires n d d 000 1 P 021 ome) O Y Lt 070 em 0P. V1 Ir. C/1 92 MUNICIPAL CEMETERY CITY OF BOYNTON BEACH LOT DEED Know All Men by These Presents, That the City of Boynton Beach, Florida, a municipal corporation organized under and by virtue of the laws of the State of Florida,having its principal place of business in the County of Palm Beach of said State, party of the first part, in consideration of Seventy-Five Dollars, which is hereby acknowledged to have been paid by Angelica Palank-Sharlet, party of the second part, of the County of Palm Beach, State of Florida, doth hereby grant, bargain, sell, and convey to the said party/parties of the second part,his and/or her heirs or assigns(subject to the conditions herein set forth),the following described lot or parcel of land in Municipal Cemetery,in said City and County,to-wit: LOT 157 B, BLOCK N according to the plat or plan of said cemetery on file in the office of the Clerk of the Circuit Court in and for the County of Palm Beach. TO HAVE AND TO HOLD the same unto the said party/parties of the second part, his and/or her heirs of assigns, forever, with the sole and exclusive right of burying the dead therein, subject, however, at all times to all rules, regulations and by-laws of said City or of the Board of Governors of said cemetery,now existing or that may hereafter be adopted relating to the government or management of said cemetery(which are to be considered as incorporated herein)and any law or laws of the State of Florida which may affect the same.Where the title to any lot is vested in more than one person,the signature of any one of the grantees named in the deed of conveyance,heirs or assigns,to an application for burial permit shall be full and sufficient authority to said City for the Issuance of such permit and allowing the burial to be made in accordance therewith. And the said City of Boynton Beach does hereby covenant with the said party/parties of the second part, his and/or her heirs and assigns,that said City is lawfully seized in fee simple of the aforementioned premises and of the ways leading to the same from the highway;that the granted premises are free from all encumbrances and that the said city has good right to sell and convey the same to the said party/parties of the second part, in the manner and for the purposes aforesaid,and will warrant and defend the same unto the said party/parties of the second part,his and/or her heirs and assigns forever. 93 IN WITNESS WHEREOF the said City of Boynton Beach,a municipal corporation,has caused these presents to be signed by its Mayor, attested by its City Clerk, and sealed with its corporate seal, this day of 2024 A.D. Approvel as to form: CITY OF BOYNTON BEACH hixeroo City Attorney By Mayor Signed,sealed and delivered in the presence of ATTEST: City Clerk COUNTY OF PALM BEACH } SS STATE OF FLORIDA Before me personally appeared Ty Penserga,to me well known as the Mayor of the City of Boynton Beach, Florida, a municipal corporation, and acknowledged that he executed the foregoing conveyance by means of X physical presence or online notarization as and for the deed of said city,and in his capacity as Mayor thereof; IN WITNESS WHEREOF,I,an officer duly authorized under the laws of Florida to take acknowledgements of deeds, have hereunto set my hand and affixed my seal at Boynton Beach, Florida, the day of A.D. 2024. Notary Public in and for the State of Florida at Large My commission expires Before me personally appeared Maylee DeJesus, to me well known as the City Clerk of said City and acknowledged that she attested,by means of X physical presence or online notarization, in her capacity, as City Clerk,the execution of the foregoing deed by the Mayor aforesaid,and that she affixed the corporate seal of said corporation thereto. IN WITNESS WHEREOF,I,an officer duly authorized under the laws of Florida to take acknowledgements of deeds, have hereunto set my hand and affixed my seal at Boynton Beach, Florida, the day of A.D.2024. Notary Public in and for the State of Florida at Large My commission expires 0 y 1. n 4 rto' t.i': 7 rii n - @ to 47 › n iv 0to Y C4 yzz Z n4 4.A W Cil pC11 10" 94 MUNICIPAL CEMETERY CITY OF BOYNTON BEACH LOT DEED Know All Men by These Presents, That the City of Boynton Beach, Florida, a municipal corporation organized under and by virtue of the laws of the State of Florida,having its principal place of business in the County of Palm Beach of said State, party of the first part, in consideration of Seventy-Five Dollars, which is hereby acknowledged to have been paid by Robert J.Rossi, party of the second part, of the County of Palm Beach, State of Florida,doth hereby grant,bargain,sell,and convey to the said party/parties of the second part,his and/or her heirs or assigns (subject to the conditions herein set forth), the following described lot or parcel of land in Municipal Cemetery, in said City and County,to-wit: LOT 55 A, BLOCK N according to the plat or plan of said cemetery on file in the office of the Clerk of the Circuit Court in and for the County of Palm Beach. TO HAVE AND TO HOLD the same unto the said party/parties of the second part, his and/or her heirs of assigns, forever, with the sole and exclusive right of burying the dead therein, subject, however, at all times to all rules, regulations and by-laws of said City or of the Board of Governors of said cemetery,now existing or that may hereafter be adopted relating to the government or management of said cemetery(which are to be considered as incorporated herein)and any law or laws of the State of Florida which may affect the same.Where the title to any lot is vested in more than one person,the signature of any one of the grantees named in the deed of conveyance,heirs or assigns,to an application for burial permit shall be full and sufficient authority to said City for the Issuance of such permit and allowing the burial to be made in accordance therewith. And the said City of Boynton Beach does hereby covenant with the said party/parties of the second part,his and/or her heirs and assigns,that said City is lawfully seized in fee simple of the aforementioned premises and of the ways leading to the same from the highway;that the granted premises are free from all encumbrances and that the said city has good right to sell and convey the same to the said party/parties of the second part, in the manner and for the purposes aforesaid,and will warrant and defend the same unto the said party/parties of the second part,his and/or her heirs and assigns forever. 95 IN WITNESS WHEREOF the said City of Boynton Beach,a municipal corporation,has caused these presents to be signed by its Mayor, attested by its City Clerk, and sealed with its corporate seal, this day of 2024 A.D. Approved as to form: CITY OF BOYNTON BEACH City Attorney By Mayor Signed, sealed and delivered in the presence of ATTEST: City Clerk COUNTY OF PALM BEACH } SS STATE OF FLORIDA Before me personally appeared Ty Penserga,to me well known as the Mayor of the City of Boynton Beach, Florida, a municipal corporation, and acknowledged that he executed the foregoing conveyance by means of X physical presence or online notarization as and for the deed of said city,and in his capacity as Mayor thereof; IN WITNESS WHEREOF,I,an officer duly authorized under the laws of Florida to take acknowledgements of deeds, have hereunto set my hand and affixed my seal at Boynton Beach, Florida, the day of A.D.2024. Notary Public in and for the State of Florida at Large My commission expires Before me personally appeared Maylee DeJesus, to me well known as the City Clerk of said City and acknowledged that she attested,by means of X physical presence or online notarization, in her capacity,as City Clerk,the execution of the foregoing deed by the Mayor aforesaid,and that she affixed the corporate seal of said corporation thereto. IN WITNESS WHEREOF,I,an officer duly authorized under the laws of Florida to take acknowledgements of deeds, have hereunto set my hand and affixed my seal at Boynton Beach, Florida, the day of A.D.2024. Notary Public in and for the State of Florida at Large My commission expires ots t-,I n 1. c CO C o o Nc noCoeW co n4 o ro 0 n Y rCd y p y tii oz cmc C F.. w) °0 c ,, Z V v un x 96 MUNICIPAL CEMETERY CITY OF BOYNTON BEACH TRANSFER OF LOT DEED Know All Men by These Presents, That the City of Boynton Beach, Florida, a municipal corporation organized under and by virtue of the laws of the State of Florida,having its principal place of business in the County of Palm Beach of said State, party of the first part, in consideration of Seventy-Five Dollars, which is hereby acknowledged to have been paid by Margarita Frias,party of the second part, of the County of Palm Beach, State of Florida,doth hereby grant,bargain,sell,and convey to the said party/parties of the second part,his and/or her heirs or assigns (subject to the conditions herein set forth), the following described lot or parcel of land in Municipal Cemetery, in said City and County,to-wit: LOT 260,BLOCK M according to the plat or plan of said cemetery on file in the office of the Clerk of the Circuit Court in and for the County of Palm Beach. TO HAVE AND TO HOLD the same unto the said party/parties of the second part, his and/or her heirs of assigns, forever, with the sole and exclusive right of burying the dead therein, subject, however, at all times to all rules, regulations and by-laws of said City or of the Board of Governors of said cemetery,now existing or that may hereafter be adopted relating to the government or management of said cemetery(which are to be considered as incorporated herein)and any law or laws of the State of Florida which may affect the same. Where the title to any lot is vested in more than one person,the signature of any one of the grantees named in the deed of conveyance,heirs or assigns,to an application for burial permit shall be full and sufficient authority to said City for the Issuance of such permit and allowing the burial to be made in accordance therewith. And the said City of Boynton Beach does hereby covenant with the said party/parties of the second part, his and/or her heirs and assigns,that said City is lawfully seized in fee simple of the aforementioned premises and of the ways leading to the same from the highway;that the granted premises are free from all encumbrances and that the said city has good right to sell and convey the same to the said party/parties of the second part, in the manner and for the purposes aforesaid,and will warrant and defend the same unto the said party/parties of the second part,his and/or her heirs and assigns forever. 97 IN WITNESS WHEREOF the said City of Boynton Beach,a municipal corporation, has caused these presents to be signed by its Mayor, attested by its City Clerk, and sealed with its corporate seal, this day of 2024 A.D. Approved as to form: CITY OF BOYNTON BEACH City Attorney By Mayor Signed, sealed and delivered in the presence of ATTEST: City Clerk COUNTY OF PALM BEACH } SS STATE OF FLORIDA Before me personally appeared Ty Penserga,to me well known as the Mayor of the City of Boynton Beach, Florida, a municipal corporation, and acknowledged that he executed the foregoing conveyance by means of X physical presence or online notarization as and for the deed of said city,and in his capacity as Mayor thereof; IN WITNESS WHEREOF,I,an officer duly authorized under the laws of Florida to take acknowledgements of deeds, have hereunto set my hand and affixed my seal at Boynton Beach, Florida, the day of A.D.2024. Notary Public in and for the State of Florida at Large My commission expires Before me personally appeared Maylee De Jesus, to me well known as the City Clerk of said City and acknowledged that she attested,by means of X physical presence or online notarization, in her capacity,as City Clerk,the execution of the foregoing deed by the Mayor aforesaid,and that she affixed the corporate seal of said corporation thereto. IN WITNESS WHEREOF,I,an officer duly authorized under the laws of Florida to take acknowledgements of deeds, have hereunto set my hand and affixed my seal at Boynton Beach, Florida, the day of A.D. 2024. Notary Public in and for the State of Florida at Large My commission expires tv 14 0 CO OraiN M ODnp zby F 0 mi O O H tiz y 0 xC4 IN 00 tm 98 MUNICIPAL CEMETERY CITY OF BOYNTON BEACH TRANSFER OF LOT DEED Know All Men by These Presents, that the City of Boynton Beach, Florida, a municipal corporation organized under and by virtue of the laws of the State of Florida,having its principal place of business in the County of Palm Beach of said State, party of the first part, in consideration of Seventy-Five Dollars, which is hereby acknowledged to have been paid by Ateria Potts,party of the second part, of the County of Palm Beach, State of Florida, doth hereby grant,bargain, sell, and convey to the said party/parties of the second part, his and/or her heirs or assigns (subject to the conditions herein set forth), the following described lot or parcel of land in Municipal Cemetery, in said City and County,to-wit: LOT 614 B, BLOCK 0 according to the plat or plan of said cemetery on file in the office of the Clerk of the Circuit Court in and for the County of Palm Beach. TO HAVE AND TO HOLD the same unto the said party/parties of the second part,his and/or her heirs of assigns, forever, with the sole and exclusive right of burying the dead therein, subject, however, at all times to all rules, regulations and by-laws of said City or of the Board of Governors of said cemetery,now existing or that may hereafter be adopted relating to the government or management of said cemetery(which are to be considered as incorporated herein)and any law or laws of the State of Florida which may affect the same. Where the title to any lot is vested in more than one person,the signature of any one of the grantees named in the deed of conveyance,heirs or assigns,to an application for burial permit shall be full and sufficient authority to said City for the Issuance of such permit and allowing the burial to be made in accordance therewith. And the said City of Boynton Beach does hereby covenant with the said party/parties of the second part, his and/or her heirs and assigns,that said City is lawfully seized in fee simple of the aforementioned premises and of the ways leading to the same from the highway;that the granted premises are free from all encumbrances and that the said city has good right to sell and convey the same to the said party/parties of the second part, in the manner and for the purposes aforesaid,and will warrant and defend the same unto the said party/parties of the second part,his and/or her heirs and assigns forever. 99 IN WITNESS WHEREOF the said City of Boynton Beach,a municipal corporation,has caused these presents to be signed by its Mayor, attested by its City Clerk, and sealed with its corporate seal, this day of 2024 A.D. Approved as to form: CITY OF BOYNTON BEACH City Attorney By Mayor Signed,sealed and delivered in the presence of ATTEST: City Clerk COUNTY OF PALM BEACH } SS STATE OF FLORIDA Before me personally appeared Ty Penserga,to me well known as the Mayor of the City of Boynton Beach, Florida, a municipal corporation, and acknowledged that he executed the foregoing conveyance by means of X physical presence or online notarization as and for the deed of said city,and in his capacity as Mayor thereof; IN WITNESS WHEREOF,I,an officer duly authorized under the laws of Florida to take acknowledgements of deeds, have hereunto set my hand and affixed my seal at Boynton Beach, Florida, the day of A.D.2024. Notary Public in and for the State of Florida at Large My commission expires Before me personally appeared Maylee De Jesus, to me well known as the City Clerk of said City and acknowledged that she attested,by means of X physical presence or online notarization, in her capacity,as City Clerk,the execution of the foregoing deed by the Mayor aforesaid,and that she affixed the corporate seal of said corporation thereto. IN WITNESS WHEREOF,I,an officer duly authorized under the laws of Florida to take acknowledgements of deeds, have hereunto set my hand and affixed my seal at Boynton Beach, Florida, the day of A.D. 2024. Notary Public in and for the State of Florida at Large My commission expires bd O 1 0 0 !1.1 z e, D w n z ro0. DoE J E yrs n C cr, I) z b 4 c W No tmUI V 100 0>o 1 CITY OF BOYNTON BEACH t CERTIFICATE OF OWNERSHIP THE CITY OF BOYNTON BEACH, FLORIDA, GRANTOR, does hereby grant, bargain sell and convey to ARISTHENE FERMELUS, GRANTEE, FOR ARISTHENE FERMELUS, as a place of inurement for the human deceased, the following described space in the BOYNTON BEACH MAUSOLEUM, Boynton Beach, Florida: SUNRISE, SEC B, CRYPT E4 TO HAVE AND TO HOLD the use of the above granted space to the said Grantee, subject, however, to the laws of the State of Florida, and to the conditions and restrictions contained in the rules and regulations of the CITY OF BOYNTON BEACH, now in force or which may hereafter be adopted, and the said grantor hereby covenants to and with the said grantee that it is lawfully seized of the above granted premises and has good right to sell and convey the same for the purpose above expressed. U THE GRANTOR HEREBY warrants that a portion of the consideration paid herein shall be paid into a "Perpetual Care Fund" 00 and hereby covenant to perpetually care for the space hereby conveyed. O p TRANSFER OF THIS PROPERTY without the consent in writing of the CITY OF BOYNTON BEACH is invalid. IN WITNESS WHEREOF, the City of Boynton Beach has caused its name and seal to be hereunto affixed by its Mayor, attested to by its City Clerk, on the day of 2024. THE CITY OF BOYNTON BEACH, FLORIDA BY: Mayor ATTEST: City Clerk Seal) APPROVED AS TO FORM: 4allA J1 IKJ City Attorney Certificate No. 24-033 4 4 101 4> 4. t t CITY OF BOYNTON BEACH CERTIFICATE OF OWNERSHIP THE CITY OF BOYNTON BEACH, FLORIDA, GRANTOR, does hereby grant, bargain sell and convey to JAMES HARDENBERGH, GRANTEE, FOR JAMES HARDENBERGH, as a place of inurement for the human deceased, the following described space in the BOYNTON BEACH MAUSOLEUM, Boynton Beach, Florida: SUNRISE, SEC F, NICHE 1-4 TO HAVE AND TO HOLD the use of the above granted space to the said Grantee, subject, however, to the laws of the State of Florida, and to the conditions and restrictions contained in the rules and regulations of the CITY OF BOYNTON BEACH, now in force or which may hereafter be adopted, and the said grantor hereby covenants to and with the said grantee that it is lawfully seized of the above granted premises and has good right to sell and convey the same for the purpose above expressed. 4 4 THE GRANTOR HEREBY warrants that a portion of the consideration paid herein shall be paid into a "Perpetual Care Fund" /\ and hereby covenant to perpetually care for the space hereby conveyed. 1 TRANSFER OF THIS PROPERTY without the consent in writing of the CITY OF BOYNTON BEACH is invalid. IN WITNESS WHEREOF, the City of Boynton Beach has caused its name and seal to be hereunto affixed by its Mayor, attested to by its City Clerk, on the day of 2024. THE CITY OF BOYNTON BEACH, FLORIDA BY: Mayor ATTEST: City Clerk Seal) APPROVED AS TO FORM: City Attorney Certificate No. 24-038 4 4 102 1 CITY OF BOYNTON BEACH CERTIFICATE OF OWNERSHIP THE CITY OF BOYNTON BEACH, FLORIDA, GRANTOR, does hereby grant, bargain sell and convey to MAGUENE CADET, GRANTEE, FOR BAZELAIS DIEUDONNE AND ELTA JEAN DIEUDONNE, as a place of inurement for the human deceased, the following described space in the BOYNTON BEACH MAUSOLEUM, Boynton Beach, Florida: SERENITY, SEC B, CRYPT C2 TO HAVE AND TO HOLD the use of the above granted space to the said Grantee, subject, however, to the laws of the State of Florida, and to the conditions and restrictions contained in the rules and regulations of the CITY OF BOYNTON BEACH, now in force or which may hereafter be adopted, and the said grantor hereby covenants to and with the said grantee that it is lawfully seized of the above granted premises and has good right to sell and convey the same for the purpose above expressed. 4 4 THE GRANTOR HEREBY warrants that a portion of the consideration paid herein shall be paid into a "Perpetual Care Fund" and hereby covenant to perpetually care for the space hereby conveyed. I, TRANSFER OF THIS PROPERTY without the consent in writing of the CITY OF BOYNTON BEACH is invalid. IN WITNESS WHEREOF, the City of Boynton Beach has caused its name and seal to be hereunto affixed by its Mayor, attested to by its City Clerk, on the day of 2024. THE CITY OF BOYNTON BEACH, FLORIDA BY: Mayor ATTEST: City Clerk Seal) APPROVED AS TO FORM: City Attorney Certificate No. 24-034 4 4 103 4: t> 4 4.* IP CITY OF BOYNTON BEACH 1 CERTIFICATE OF OWNERSHIP THE CITY OF BOYNTON BEACH, FLORIDA, GRANTOR, does hereby grant, bargain sell and convey to CHRIS LANCASTER, GRANTEE, FOR JOHN THEYL, as a place of inurement for the human deceased, the following described space in the BOYNTON BEACH MAUSOLEUM, Boynton Beach, Florida: SUNRISE, SEC B, CRYPT F-4 TO HAVE AND TO HOLD the use of the above granted space to the said Grantee, subject, however, to the laws of the State of Florida, and to the conditions and restrictions contained in the rules and regulations of the CITY OF BOYNTON BEACH, now in force or which may hereafter be adopted, and the said grantor hereby covenants to and with the said grantee that it is lawfully seized of the above granted premises and has good right to sell and convey the same for the purpose above expressed. 8 d 0 THE GRANTOR HEREBY warrants that a portion of the consideration paid herein shall be paid into a "Perpetual Care Fund" 0andherebycovenanttoperpetuallycareforthespaceherebyconveyed. 9 TRANSFER OF THIS PROPERTY without the consent in writing of the CITY OF BOYNTON BEACH is invalid. IN WITNESS WHEREOF, the City of Boynton Beach has caused its name and seal to be hereunto affixed by its Mayor, attested to by its City Clerk, on the day of 2024. THE CITY OF BOYNTON BEACH, FLORIDA BY: Mayor ATTEST: City Clerk Seal) APPROVED AS TO FORM: City Attorney Certificate No. 24-039 4 0 a' 0 104 4: t>0(> CITY OF BOYNTON BEACH 1 CERTIFICATE OF OWNERSHIP THE CITY OF BOYNTON BEACH, FLORIDA, GRANTOR, does hereby grant, bargain sell and convey to JACARADA BANKS, GRANTEE, FOR KAREN BANKS AND ROBERT L. BANKS, JR., as a place of inurement for the human deceased, the following described space in the BOYNTON BEACH MAUSOLEUM. Boynton Beach, Florida: SERENITY, SEC A, CRYPT 16 TO HAVE AND TO HOLD the use of the above granted space to the said Grantee, subject, however, to the laws of the State of Florida, and to the conditions and restrictions contained in the rules and regulations of the CITY OF BOYNTON BEACH, now in force or which may hereafter be adopted, and the said grantor hereby covenants to and with the said grantee that it is lawfully seized of the above granted premises and has good right to sell and convey the same for the purpose above expressed. V THE GRANTOR HEREBY warrants that a portion of the consideration paid herein shall be paid into a "Perpetual Care Fund" and hereby covenant to perpetually care for the space hereby conveyed. J Q TRANSFER OF THIS PROPERTY without the consent in writing of the CITY OF BOYNTON BEACH is invalid. IN WITNESS WHEREOF, the City of Boynton Beach has caused its name and seal to be hereunto affixed by its Mayor, attested to by its City Clerk, on the day of 2024. THE CITY OF BOYNTON BEACH, FLORIDA BY: Mayor ATTEST: City Clerk Seal) APPROVED AS TO FORM: City Attorney Certificate No. 24-035 4 4 105 o- a0(> o CITY OF BOYNTON BEACH CERTIFICATE OF OWNERSHIP THE CITY OF BOYNTON BEACH, FLORIDA. GRANTOR. does hereby grant, bargain sell and convey to JULES JOSEPH, GRANTEE. FOR TWO FAMILY MEMBERS, as a place of inurnment for the human deceased, the following described space in the BOYNTON BEACH MAUSOLEUM, Boynton Beach, Florida: SUNRISE, SEC B, CRYPT E-1 TO HAVE AND TO HOLD the use of the above granted space to the said Grantee, subject. however, to the laws of the State of Florida, and to the conditions and restrictions contained in the rules and regulations of the CITY OF BOYNTON BEACH, now in force or which may hereafter be adopted. and the said grantor hereby covenants to and with the said grantee that it is lawfully seized of the above granted premises and has good right to sell and convey the same for the purpose above expressed. 4 THE GRANTOR HEREBY warrants that a portion of the consideration paid herein shall be paid into a "Perpetual Care Fund" and hereby covenant to perpetually care for the space hereby conveyed. 9 TRANSFER OF THIS PROPERTY without the consent in writing of the CITY OF BOYNTON BEACH is invalid. IN WITNESS WHEREOF, the City of Boynton Beach has caused its name and seal to be hereunto affixed by its Mayor, attested to by its City Clerk, on the day of 2024. THE CITY OF BOYNTON BEACH. FLORIDA BY: Mayor ATTEST: City Clerk Seal) APPROVED AS TO FORM: City Attorney Certificate No. 24-036 l 1 e<>> 0 106 CITY OF BOYNTON BEACH 1 CERTIFICATE OF OWNERSHIP THE CITY OF BOYNTON BEACH, FLORIDA, GRANTOR, does hereby grant, bargain sell and convey to ROSETTE BRISEUS, GRANTEE, FOR DANIEL JEAN CHARLES & ROSETTE BRISEUS, as a place of inurement for the human deceased, the following described space in the BOYNTON BEACH MAUSOLEUM, Boynton Beach, Florida: SERENITY, SEC B, CRYPT D-3 TO HAVE AND TO HOLD the use of the above granted space to the said Grantee, subject, however, to the laws of the State of Florida, and to the conditions and restrictions contained in the rules and regulations of the CITY OF BOYNTON BEACH, now in force or which may hereafter be adopted, and the said grantor hereby covenants to and with the said grantee that it is lawfully seized of the above granted premises and has good right to sell and convey the same for the purpose above expressed. U 0 THE GRANTOR HEREBY warrants that a portion of the consideration paid herein shall be paid into a "Perpetual Care Fund" and hereby covenant to perpetually care for the space hereby conveyed. 9 TRANSFER OF THIS PROPERTY without the consent in writing of the CITY OF BOYNTON BEACH is invalid. IN WITNESS WHEREOF, the City of Boynton Beach has caused its name and seal to be hereunto affixed by its Mayor, attested to by its City Clerk, on the day of 2024. THE CITY OF BOYNTON BEACH, FLORIDA BY: Mayor ATTEST: City Clerk Seal) APPROVED AS TO FORM: City Attorney Certificate No. 24-037 4410 1 1 107 City of Boynton Beach Agenda Item Request Form 6.E Consent Agenda 11/ 4/2024 Meeting Date: 11/ 4/2024 Proposed Resolution No. R24-268- Approve and authorize the Mayor (or designee) to apply for the State permit necessary to temporarily close Federal Highway on Saturday, December 7, 2024, for the 53rd Annual Holiday Parade. Requested Action: Staff recommends approval of Proposed Resolution No. R24-268. Explanation of Request: Federal Highway, between Woolbright Road and N.E. 1st Avenue, serves as the staging and parade route for the Annual Holiday Parade. The closing of this road requires a permit from the Florida Department of Transportation (FDOT) and pursuant to Chapter 14-65 of the Florida Administrative Code, FDOT requires local governments to submit a Request for Temporary Closing/Special Use of State Road along with a resolution authorizing the event. How will this affect city programs or services? The Parade is scheduled to start at 4:00 P.M. on Saturday, December 7, 2024. It will travel north on Federal Highway. It will be necessary to close Federal Highway beginning at 12:00 P.M. from Boynton Beach Boulevard south to Woolbright Road. It is expected that the road will re-open between 9:00 P.M. and 10:00 P.M. Fiscal Impact: The Holiday Parade is a budgeted item within the Event Division budget. No additional impact expected. Attachments: R24-268 Agenda_Item_2319-2023_Resolution_for_State_permit_for_Holiday_Parade.docx 108 RESOLUTION NO. R24-2681 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR, OR 4 DESIGNEE, TO APPLY FOR THE STATE PERMIT NECESSARY TO 5 TEMPORARILY CLOSE FEDERAL HIGHWAY ON SATURDAY, DECEMBER 6 7, 2024, FOR THE 53RD ANNUAL HOLIDAY PARADE; AND FOR ALL 7 OTHER PURPOSES. 8 9 WHEREAS, Federal Highway, between Woolbright Road and N.E. 1st Avenue, serves as the 10 staging and parade route for the Annual Holiday Parade. The closing of this road requires a permit 11 from the Florida Department of Transportation (FDOT) and pursuant to Chapter 14-65 of the 12 Florida Administrative Code, FDOT requires local governments to submit a Request for Temporary 13 Closing/Special Use of State Road along with a resolution authorizing the event; 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 and authorize the Mayor, or designee, 16 to apply for the State permit necessary to temporarily close Federal Highway on Saturday, 17 December 7, 2024, for the 53rd Annual Holiday Parade. 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 and authorize the Mayor, or designee, to apply for the State permit necessary to 25 temporarily close Federal Highway on Saturday, December 7, 2024, for the 53rd Annual Holiday 26 Parade. The Mayor or designee is further authorized to execute any ancillary documents as may 27 be necessary to accomplish the purpose of this Resolution.28 SECTION 3.This Resolution shall take effect in accordance with law.29 [signatures on the following page]30 31 109 PASSED AND ADOPTED this ______________ day of ______________________________ 2024.32 CITY OF BOYNTON BEACH, FLORIDA33 YES NO34 Mayor – Ty Penserga __________35 36 Vice Mayor – Aimee Kelley __________37 38 Commissioner – Angela Cruz __________39 40 Commissioner – Woodrow L. Hay __________41 42 Commissioner – Thomas Turkin __________43 44 VOTE ______45 ATTEST:46 47 ___________________________________________________________48 Maylee De Jesús, MPA, MMC Ty Penserga49 City Clerk Mayor50 51 APPROVED AS TO FORM:52 (Corporate Seal)53 54 _______________________________55 Shawna G. Lamb56 City Attorney57 110 City of Boynton Beach Agenda Item Request Form 6.F Consent Agenda 11/ 4/2024 Meeting Date: 11/ 4/2024 Proposed Resolution No. R24-269- Amend various FY 2024-25 Capital Project accounts. Adjusting budgeted appropriations and revenue sources and providing spending authority for the Capital Improvement Funds (302 & 303) and the Utility Capital Improvement Funds (403 & 404). Approve unbudgeted FY2024-25 financial impacts to the General Fund (001). Requested Action: Staff recommends approval of Proposed Resolution No. R24-269. Explanation of Request: The FY 2024-25 Budget was adopted on September 23, 2024. During the new fiscal year that started on October 1, 2024, available capital improvement budget from the prior fiscal year 2023-24 was identified during the month of October. This type of budget amendment is part of the annual budget process. The budget adjustment will increase the Fund’s total appropriation, which requires City Commission approval. The City’s capital projects may span multiple years and continue into the following year. Under best budgeting practices and governmental accounting standards, these funds should be re- appropriated to provide the continued spending authority for these projects. Accordingly, during FY 2024-25 budget modifications will be made to various Funds, see Exhibit A, staff is requesting Commission approval. The Capital Improvement Fund will be amended for Fund 302 from $17,730,630 to $18,944,857 and Fund 303 will be amended from $3,711,343 to $5,730,879 all due to available prior year project budgets. The Water & Sewer Utility Capital Funds will be amended for Fund 403 from $37,921,500 to $57,260,283 and Fund 404 from $2,000,000 to $2,100,000 due to prior year available project budget. Also, the Golf Capital Fund 412 will be adjusted from $200,186 to $380,108 due to a prior year ongoing Tree Removal project. The General Fund 001 will be amended from $130,318,620 to $130,439,120 due to the City Manager salary adjustment ($20,500) plus a lawsuit settlement for previous Assistant City Manager ($100,000). How will this affect city programs or services? Allow for the continuance of good and appropriate budgeting practices. 111 Fiscal Impact: See Exhibit A for a summary of the fiscal impact. Attachments: R24-269 Agenda_Item_2321-2023_Resolution_for_Budget_Amd.docx FY24-25 Budget Rollover Amendment for PY23-24 Available Capital Budget.pdf 112 RESOLUTION NO. R24-2691 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, AMENDING VARIOUS FISCAL YEAR 2024-2025 4 CAPITAL PROJECT ACCOUNTS, ADJUSTING BUDGETED 5 APPROPRIATIONS AND REVENUE SOURCES, AND PROVIDING6 SPENDING AUTHORITY FOR THE CAPITAL IMPROVEMENT FUNDS 7 (302 & 303) AND THE UTILITY CAPITAL IMPROVEMENT FUNDS (403 8 & 404), AND APPROVING UNBUDGETED FISCAL YEAR 2024-2025 9 FINANCIAL IMPACTS TO THE GENERAL FUND (001); AND FOR ALL 10 OTHER PURPOSES. 11 12 WHEREAS, the Fiscal Year2024-2025 Budget was adopted on September 23, 2024. During 13 the new fiscal year that started on October 1, 2024, the available capital improvement budget 14 from the prior fiscal year 2023-2024 was identified during October. This type of budget 15 amendment is part of the annual budget process. The budget adjustment will increase the Fund’s 16 total appropriation, which requires City Commission approval; and17 WHEREAS, the City’s capital projects may span multiple years and continue into the 18 following year. Under best budgeting practices and governmental accounting standards, these 19 funds should be re-appropriated to provide the continued spending authority for these 20 projects. Accordingly, during FY 2024-2025, budget modifications will be made to various Funds; 21 and22 WHEREAS, the Capital Improvement Fund will be amended for Fund 302 from $17,730,630 23 to $18,944,857, and Fund 303 will be amended from $3,711,343 to $5,730,879 all due to available 24 prior year project budgets. The Water & Sewer Utility Capital Funds will be amended for Fund 25 403 from $37,921,500 to $57,260,283 and Fund 404 from $2,000,000 to $2,100,000 due to the 26 prior year's available project budget. Also, the Golf Capital Fund 412 will be adjusted from 27 $200,186 to $380,108 due to a prior year ongoing Tree Removal project, and the General Fund 28 001 will be amended from $130,318,620 to $130,439,120 due to the City Manager salary 29 adjustment ($20,500) plus a lawsuit settlement for previous Assistant City Manager ($100,000); 30 and31 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 32 best interests of the city's citizens and residents to amend various Fiscal Year 2024-2025 Capital 33 113 Project accounts, adjusting budgeted appropriations and revenue sources, and providing 34 spending authority for the Capital Improvement Funds (302 & 303) and the Utility Capital 35 Improvement Funds (403 & 404), and approve unbudgeted Fiscal Year 2024-2025 financial 36 impacts to the General Fund (001). 37 38 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 39 BEACH, FLORIDA, THAT:40 SECTION 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 41 being true and correct and are hereby made a specific part of this Resolution upon adoption.42 SECTION 2.The City Commission of the City of Boynton Beach, Florida, does hereby 43 amend various Fiscal Year 2024-2025 Capital Project accounts, adjusting budgeted appropriations 44 and revenue sources and providing spending authority for the Capital Improvement Funds (302 45 & 303) and the Utility Capital Improvement Funds (403 & 404), and approve unbudgeted Fiscal 46 Year 2024-2025 financial impacts to the General Fund (001), as further described in Exhibit A, 47 attached hereto. 48 SECTION 3.This Resolution shall take effect in accordance with law.49 [signatures on the following page]50 51 114 PASSED AND ADOPTED this ______________ day of ______________________________ 2024.52 CITY OF BOYNTON BEACH, FLORIDA53 YES NO54 Mayor – Ty Penserga __________55 56 Vice Mayor – Aimee Kelley __________57 58 Commissioner – Angela Cruz __________59 60 Commissioner – Woodrow L. Hay __________61 62 Commissioner – Thomas Turkin __________63 64 VOTE ______65 ATTEST:66 67 ___________________________________________________________68 Maylee De Jesús, MPA, MMC Ty Penserga69 City Clerk Mayor70 71 APPROVED AS TO FORM:72 (Corporate Seal)73 74 _______________________________75 Shawna G. Lamb76 City Attorney77 115 Exhibit A 2024/25 2024/25 AMENDMENT ADOPTED AMENDED related to BUDGET Revenue Budget BUDGET PROJECT NUMBER Project Name / Comments/ Vendor CAPITAL IMPROVEMENT FUND 302‐0000‐369.22‐00 CRA REIMBURSEMENT 2,250,000$ 164,000$ 2,414,000$ 302‐0000‐334.99‐00 VARIOUS GRANT 936,000 459,897$ 1,395,897 302‐0000‐389.91‐00 FUND BALANCE APPROPRIATED 3,394,630 590,330 3,984,960 Adopted Fund Total Revenues 17,730,630$ 1,214,227$ 18,944,857$ 302‐4101‐580.31‐90 OTHER PROFESSIONAL SERVICES ‐ 48,400 48,400$ GG2404 San Castle ‐ Env Survey 302‐4126‐522.62‐01 BUILDING IMPROVEMENTS 500,000 459,897 959,897$ FA2205 Fire Station # 2 (Hardening) Grant 302‐4223‐572.63‐05 PARK IMPROVEMENT ‐ 60,000 60,000 Intracostal Park Artificial Reef 302‐4227‐572.31‐90 OTHER PROFESSIONAL SERVICES ‐ 159,000 159,000 RP2117 Mangrove Park ‐Demo & Study 302‐4905‐580.31‐90 OTHER PROFESSIONAL SERVICES ‐ 302,930 302,930 TR2405 NE 6th St‐Pedestrian Xing 302‐4101‐580.31‐90 OTHER PROFESSIONAL SERVICES ‐ 20,000 20,000 GG2403 San Castle ‐ Coord.Srvcs 302‐4905‐580.63‐08 STREET IMPROVEMENTS ‐ 164,000 164,000 TR2110 CRA Improvements Adopted Fund Total Expenses 17,730,630$ 1,214,227$ 18,944,857$ LOCAL GOV'T SURTAX CAPITAL FUND 303‐0000‐389.91‐00 FUND BALANCE APPROPRIATED (3,117,300)$ 2,019,536$ (1,097,764)$ Adopted Fund Total Revenues 3,711,343$ 2,019,536$ 5,730,879$ 303‐4101‐580.46‐91 SOFTWARE MAINTENANCE ‐ 35,000 35,000 IT2402 ITS Network Segmentation ‐ Licenses 303‐4101‐580.64‐15 COMPUTER EQUIPMENT 100,000 44,400 144,400 IT2402 ITS Network Segmentation ‐ Hardware 303‐4101‐580.64‐16 FURNITURE & FIXTURES ‐ 50,800 50,800 TS2001 Town Sq ‐Site Furnishings 303‐4116‐580.64‐18 AIR CONDITIONERS ‐ 18,500 18,500 GH2206 PW #1 (Admin, Fleet, Warehouse 303‐4119‐521.64‐15 COMPUTER EQUIPMENT 150,000 102,749 252,749 PD2309 PD ‐ Real Time Crime Center ‐ Datrium 303‐4119‐521.64‐15 COMPUTER EQUIPMENT ‐ 77,500 330,249 PD2308 PD ‐ Commn. Server Room 303‐4127‐522.63‐06 SIGNS 25,000 25,000 50,000 FA2203 Fire Station #3 ‐ Digital Sign 303‐4128‐522.64‐06 SAFETY EQUIPMENT ‐ 45,700 45,700 FA2402 Fire Station #4 ‐ Secuirty Cameras 303‐4199‐580.62‐01 BUILDING IMPROVEMENT ‐ 22,300 22,300 GG2306 Library & City Sign 303‐4211‐572.49‐17 OTHER CONTRACTUAL SERVICES ‐ 30,000 30,000 RP2216 Oyer Park ‐ Dredge Channel 303‐4211‐572.62‐01 BUILDING IMPROVEMENT ‐ 190,000 190,000 RP2423 Oyer Park ‐ FD‐PD ‐ Marine Response Unit 303‐4129‐522.62‐01 BUILDING IMPROVEMENTS 375,000 169,676 544,676 FA2403 FS5 – EOC Remodel Project. 303‐4129‐522.64‐02 GENERAL EQUIPMENT ‐ 750,000 750,000 FA2401 Generator & Fuel Tank Replacement 303‐4243‐572.63‐10 LANDSCAPING ‐ 38,000 38,000 RP2421 Centennial Pk‐Turf Rehab 303‐4906‐541.63‐22 BRIDGE IMPROVEMENTS 50,000 50,000 100,000 TR0903 Bridge Repair ‐ Maintenance & Improvements 303‐4905‐541.63‐08 STREET IMPROVEMENTS 150,000 47,492 197,492 TR2412 Golfview Harbor‐Resurf 303‐4905‐541.63‐08 STREET IMPROVEMENTS ‐ 37,887 235,379 TR2413 Meadows‐Resurfacing 303‐4905‐541.63‐08 STREET IMPROVEMENTS ‐ 22,986 258,365 TR2311 Drive Safe Boynton 303‐4905‐541.63‐08 STREET IMPROVEMENTS ‐ 133,287 391,652 TR2414 Task 146‐Lake Boynton Est 303‐4905‐541.63‐23 RR CROSSING UPGRADES 107,000 27,100 134,100 TR2307 Brightline Intrusion 303‐4905‐541.63‐23 RR CROSSING UPGRADES ‐ 51,159 185,259 TR1001 FEC Crossing Upgrade 303‐4906‐541.63‐22 BRIDGE IMPROVEMENTS 50,000 50,000 100,000 TR2404 Bridge R. GrantApp SW22Ct Adopted Fund Total Expenses 3,711,343$ 2,019,536$ 5,730,879$ UTILITY FUND CAPITAL IMPROVEMENT FUND 403‐0000‐337.27‐17 DEPT OF ECON. OPPORTUN 600,000$ 200,000$ 800,000$ 403‐0000‐389.92‐00 NET ASSETS APPROPR 24,030,822$ 19,138,783$ 43,169,605$ Adopted Fund Total Revenues 37,921,500$ 19,338,783$ 57,260,283$ 403‐5000‐533.65‐02 R&R ‐ WATER 12,535,166$ 28,147$ 12,563,313$ UC2102 Coquina Cove Water Improvements 403‐5000‐533.65‐02 R&R ‐ WATER 176,185 12,739,498 UC2401 Heart of Boynton (MLK) ‐ Water Improvements 403‐5000‐533.65‐02 R&R ‐ WATER 150,000 12,889,498 WT2407 Sea Meadows SOUTH ‐ Water Improvements 403‐5000‐533.65‐02 R&R ‐ WATER 429,033 13,318,531 WT1802 Water Dist. System Annual R&R 403‐5000‐533.65‐02 R&R ‐ WATER 317,194 13,635,725 WT2315 Water Meter Replacements 403‐5000‐533.65‐02 R&R ‐ WATER 1,014,519 14,650,244 WT1902 EWTP Generator Replacement 403‐5000‐533.65‐02 R&R ‐ WATER 600,000 15,250,244 WT2001 West ‐Electrical, SCADA, Control ‐ Construction 403‐5000‐533.65‐02 R&R ‐ WATER 424,000 15,674,244 WT2101 WWTP Membrane 403‐5000‐533.65‐02 R&R ‐ WATER 3,123,000 18,797,244 WT2201 East Plant Filter Refurbishment & Media Replacement/W 403‐5000‐533.65‐02 R&R ‐ WATER 680,792 19,478,036 WT2303 Admin Blgd. Remodel 403‐5000‐533.65‐02 R&R ‐ WATER 200,000 19,678,036 WT2406 West WTP Fluoride System Upgrade ‐ Construction 403‐5000‐533.65‐02 R&R ‐ WATER 1,819,079 21,497,115 WT1605 New Lab Building (Water Quality Facility/AC Upgrade) 403‐5000‐533.65‐02 R&R ‐ WATER 305,375 21,802,490 WT2104 West Wellfield Electrical (Wells 4, 5, 7, & 8 Restoration) 403‐5000‐533.65‐02 R&R ‐ WATER 175,000 21,977,490 WT2325 EWTP & Harmening Park Parking Lot Improvements 403‐5000‐533.65‐02 R&R ‐ WATER 29,750 22,007,240 WT2312 EWTP Window Replacement 403‐5000‐533.65‐02 R&R ‐ WATER 326,863 22,334,103 WT2316 EWTP HSP 5 & 6 Improvements 403‐5000‐533.65‐02 R&R ‐ WATER 65,060 22,399,163 WT2415 BB Blvd Bike Path Restoration 403‐5000‐533.65‐02 R&R ‐ WATER 74,001 22,473,164 WT2403 Emerg. 12 in Wtr Main Rep CITY OF BOYNTON BEACH CAPITAL APPROPRIATION AMENDMENTS BUDGET YEAR 2024‐25, Commission Meeting 11/04/24 Amendment S:\Finance\Budget Amendments and Transfers\FY2024‐25\FY2023‐24 YE dept Budget Adjustment\FY24‐25 Budget Rollover Amendment for PY23‐24 Available Capital BudgetAmendment Worksheet1 10/29/20244:05 PM116 Exhibit A 2024/25 2024/25 AMENDMENT ADOPTED AMENDED related to BUDGET Revenue Budget BUDGET PROJECT NUMBER Project Name / Comments/ Vendor CITY OF BOYNTON BEACH CAPITAL APPROPRIATION AMENDMENTS BUDGET YEAR 2024‐25, Commission Meeting 11/04/24 Amendment 403‐5000‐533.46‐91 SOFTWARE MAINTENANCE ‐ 16,500 16,500 WT2315 Water Meter Replacements 403‐5000‐533.49‐17 CONTRACTUAL SERVICES ‐ 52,137 52,137 WT2412 WWTP‐Stucco Repair 403‐5000‐533.31‐90 PROFESSIONAL SERVICES ‐ 100,000 100,000 US2403 Water Distribution System Hydraulic Modeling 403‐5000‐533.31‐90 PROFESSIONAL SERVICES 200,000 300,000 US2404 Water Distribution Master Plan 403‐5000‐535.65‐04 R&R ‐ SEWER 15,201,167$ 15,207$ 15,216,374$ UC2102 Coquina Cove Wastewater Improvements 403‐5000‐535.65‐04 R&R ‐ SEWER 207,056 15,423,430 SW1602 Replace Sewer Trmt Plant Beach Plant Replacement 403‐5000‐535.65‐04 R&R ‐ SEWER 200,000 15,623,430 UC2402 San Castle (DEO Grant) ‐ Sewer Improvements 403‐5000‐535.65‐04 R&R ‐ SEWER 200,000 15,823,430 SW1901 Lift Station Communications & Control R&R 403‐5000‐535.65‐04 R&R ‐ SEWER 1,982,823 17,806,253 SW2201 Lift Station 410 & 414 ‐ Connect to 24" Force Main 403‐5000‐535.65‐04 R&R ‐ SEWER 4,000,000 21,806,253 SW2202 Lift Station 317 Major Upgrade ‐ Construction 403‐5000‐535.65‐04 R&R ‐ SEWER 70,293 21,876,546 SWR064 Sewer Pipe Rehabilitation (Force Main & All Valves R & 403‐5000‐535.65‐04 R&R ‐ SEWER 101,450 21,977,996 SWR075 Pump Replacement Program R & R 403‐5000‐535.65‐04 R&R ‐ SEWER 150,000 22,127,996 SWR111 Emergency Mobile Generators R & R 403‐5000‐535.31‐90 PROFESSIONAL SERVICES ‐ 250,000 250,000 US2401 Inflow & Infiltration (I&I) Study 403‐5000‐535.31‐90 PROFESSIONAL SERVICES 100,000 350,000 US2407 Force Main System Hydraulic Modeling ‐ Sewer 403‐5000‐536.65‐11 WASTEWATER REUSE 150,000$ 50,000 200,000 RE2201 Reclaimed R&R 403‐5000‐536.31.90 PROFESSIONAL SERVICES ‐ 209,192 209,192 US2305 Grant Support Services 403‐5000‐538.65‐09 R&R ‐ STORMWATER 7,135,167$ 52,328 7,187,495 UC1802 Dimick & Potter Utility Stormwater Improvements 403‐5000‐538.65‐09 R&R ‐ STORMWATER 66,834 7,254,329 UC2102 Coquina Cove Stormwater Improvements 403‐5000‐538.65‐09 R&R ‐ STORMWATER 776,965 8,031,294 UC2103 SE 1st. ‐ Central Seacrest (Phase 3) ‐ Stormwater 403‐5000‐538.65‐09 R&R ‐ STORMWATER 300,000 8,331,294 ST2402 Chapel Hill Stormwater Improvements 403‐5000‐538.31‐90 PROFESSIONAL SERVICES 300,000 300,000 US2302 Stormwater Master Plan Adopted Fund Total Expenditures 37,921,500$ 19,338,783$ 57,260,283$ UTILITY FUND 404 ‐ CAPITAL EXPANSION 404‐0000‐389.92‐00 NET ASSETS APPROPR (150,000)$ 100,000$ (50,000)$ Adopted Fund Total Revenues 2,000,000$ 100,000$ 2,100,000$ 404‐5000‐533.65‐01 WATER 100,000$ 100,000$ 200,000$ WT2410 Utility Acquisition Adopted Fund Total Expenditures 2,000,000$ 100,000$ 2,100,000$ GOLF CAPITAL FUND 412 412‐0000‐389.92‐00 NET ASSETS APPROPR (56,564)$ 179,922$ 123,358$ Adopted Fund Total Revenues 200,186$ 179,922$ 380,108$ 412‐4501‐572.63‐10 LANDSCAPING ‐$ 179,922$ 179,922$ GF2401 Golf‐tree Removal Adopted Fund Total Expenditures 200,186$ 179,922$ 380,108$ GENERAL FUND 001 001‐0000‐389.91‐00 FUND BALANCE APPROPRIATION ‐$ 120,500$ 120,500$ Adopted Fund Total Revenues 130,318,620$ 120,500$ 130,439,120$ 001‐1210‐512.12‐10 REGULAR SALARIES/WAGES 538,220$ 20,500$ 558,720$ City Manager Salary Adjustment ‐ Oct 2024 001‐1211‐512.99‐02 NON‐BUDGETED EXPENSE 12,000$ 100,000$ 112,000$ Legal Settlement for ACM Lawsuit ‐ Oct 2024 Adopted Fund Total Expenditures 130,318,620$ 120,500$ 130,439,120$ S:\Finance\Budget Amendments and Transfers\FY2024‐25\FY2023‐24 YE dept Budget Adjustment\FY24‐25 Budget Rollover Amendment for PY23‐24 Available Capital BudgetAmendment Worksheet2 10/29/20244:05 PM117 City of Boynton Beach Agenda Item Request Form 6.G Consent Agenda 11/ 4/2024 Meeting Date: 11/ 4/2024 Proposed Resolution No. R24-270- Approve the release of performance bond No.: CE11927900002 for the completion of clearing and grubbing in association with the Wawa project in the amount of $495,708.07. Requested Action: Staff recommends approval of Proposed Resolution No. R24-270. Explanation of Request: Wawa project is located at 2505 Woolbright Rd., northeast corner of Woolbright Rd. & Congress Avenue, within the City of Boynton Beach. Pursuant to City Code of Ordinances Article III, Sec. B., a 110% performance bond for the Land Development Permit was collected, based on the attached cost estimate of $450,643.70 of the duly licensed professional in the State of Florida for the on-site paving, grading, and drainage improvements. The Public Works Department Engineering Division requests approval to fully release the Performance Bond (No.: CE11927900002) in the amount of $495,708.07 for the completion of the clearing and grubbing in association with the Wawa project. Philadelphia Indemnity Insurance Company, a surety company authorized to do business in the state of Florida, submitted a Performance Bond on April 13, 2022, for the completion of the clearing and grubbing in association with Wawa, in the amount of $495,708.07 (see attachment). The construction company, AT Construction Management, requested the reduction of the bond to 5% of the cost estimate; however, the bond reduction is not necessary since the work was completed on April 13, 2023, and the one (1) year warranty period has expired. How will this affect city programs or services? N/A Fiscal Impact: N/A Attachments: R24-270 Agenda_Item_2325- 2023_Resolution_for_WAWA_Release_of_Performance_Bond.docx Performance Bond.pdf rcpt.pdf LDP Performance Bond transmittal.pdf AT Builders Boyton Beach Bond.pdf 118 Cost Estimate.pdf Performance Bond 5% Letter.pdf 119 RESOLUTION NO. R24-2701 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, APPROVING THE FULL RELEASE OF PERFORMANCE 4 BOND NO.: CE11927900002 IN THE AMOUNT OF $495,708.07 FOR 5 COMPLETING THE CLEARING AND GRUBBING ASSOCIATED WITH 6 THE WAWA PROJECT LOCATED AT 2505 WOOLBRIGHT ROAD, 7 BOYNTON BEACH, FL; AND FOR ALL OTHER PURPOSES. 8 9 WHEREAS, the Wawa project is located at 2505 Woolbright Road, at the northeast corner 10 of Woolbright Road and Congress Avenue, within the City of Boynton Beach. Pursuant to City 11 Code of Ordinances Article III, Sec. B., a 110% performance bond for the Land Development Permit 12 was collected, based on the cost estimate of $450,643.70, of the duly licensed professional in the 13 State of Florida for the on-site paving, grading, and drainage improvements for the WAWA 14 Project; and15 WHEREAS, Philadelphia Indemnity Insurance Company, a surety company authorized to 16 do business in the state of Florida, submitted a Performance Bond on April 13, 2022, for the 17 completion of the clearing and grubbing in association with Wawa, in the amount of $495,708.07; 18 and 19 WHEREAS, the construction company, AT Construction Management, has requested 20 reducing the bond to 5% of the cost estimate; however, the bond reduction request never made 21 it to a commission meeting and, therefore, was never executed; and22 WHEREAS, the work was completed on April 13, 2023, and the one (1) year warranty 23 period has expired; and24 WHEREAS, the Public Works Department Engineering Division requests approval to fully 25 release Performance Bond No. CE11927900002, in the amount of $495,708.07, for the completion 26 of the clearing and grubbing in association with the Wawa project; and27 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 28 best interests of the city's citizens and residents to approve the full release of Performance Bond 29 No.: CE11927900002 in the amount of $495,708.07 for completing the clearing and grubbing30 associated with the Wawa project located at 2505 Woolbright Road, Boynton Beach, FL. 31 32 120 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, hereby approves37 the full release of Performance Bond No.: CE11927900002 in the amount of $495,708.07 for 38 completing the clearing and grubbing associated with the Wawa project located at 2505 39 Woolbright Road. 40 SECTION 3.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 121 122 123 124 125 126 127 MEMORANDUM UTILITIES DEPARTMENT TO: Mara Frederiksen, Director of Financial services FROM: Patricia Kellner, Customer Relations specialist II DATE: April 13, 2022 RE: WAWA // Woolbright & Congress Performance Bond // Transmittal LDP Surety Performance Bond 110%: Amount $495,708.07 Bond #CE11927900002 If you have any questions, please call me at extension 6436. Thank you. Attachment PK xc: File 128 One Bala Plaza, Suite 100, Bala Cynwyd, PA 19004 BER 002 09 14 BOND EXECUTION REPORT BOND NUMBER CE11927900002 EFFECTIVE DATE 01/31/2024 EXPIRATION DATE 01/31/2025 SAA CODE 796 JOB STATE FL PRINCIPAL AT Construction, Inc DBA AT Builders, Inc OBLIGEE City of Boynton Beach PROJECT DESCRIPTION Tenth section Palm Beach Leisureville BOND DESCRIPTION 796 - Subdivision Bonds - All SURETY OFFICE BOND AMOUNT PREMIUM DUE AGENT COMMISSION NET PREMIUM Philadelphia Indemnity Insurance Company $495,708.07 $14,871.00 $4,461.30 $10,409.70 FEE AMOUNT FEE DESCRIPTION COMMENTS NET DUE:Universal Insurance Group LLC | 119279 | 2098 West Chester Pike | 2nd Fl | Broomall | PA | 19008 $10,409.70 PROCESSED DATE: 12/29/2023 129 PHLY-CC Rev 06/14 CONTINUATION CERTIFICATE Philadelphia Indemnity Insurance Company, Surety, on Bond Number CE11927900002, in the penal sum of Four Hundred Ninety-Five Thousand Seven Hundred Eight Dollars ($495,708.07), on behalf of AT Construction, Inc DBA AT Builders, Inc, Principal, in favor of City of Boynton Beach, PO Box 310, Boynton Beach, FL 33425, Obligee, hereby certifies that this Bond is continued in full force and effect from the 31st day of January, 2024 to the 31st day of January, 2025, subject to all covenants and conditions of said Bond. This Bond has been continued in force upon the express condition that the full extent of the Surety’s liability under said Bond and all continuations thereof for any loss or series of losses occurring during the entire time the Surety remains on said Bond shall in no event exceed the penal sum of the Bond. In witness whereof Surety has caused this instrument to be duly signed, sealed and dated as of the 29th day of December, 2023. Philadelphia Indemnity Insurance Company By: Michael E. Cundiff, Attorney-in-Fact 130 PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004-0950 CE11927900002 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Michael E. Cundiff its true and lawful Attorney-in-fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $495,708.07 . This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14th of November, 2016. RESOLVED:That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given. And, be it FURTHER RESOLVED:That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 5TH DAY OF MARCH, 2021. (Seal) John W. Glomb Jr., President & CEO Philadelphia Indemnity Insurance Company On this 5th day of March, 2021 before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. Notary Public: residing at:Bala Cynwyd, PA My commission expires:November 3, 2024 I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and the Power of Attorney issued pursuant thereto on the 5th day March, 2021 are true and correct and are still in full force and effect. I do further certify that John W. Glomb Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 29 day of December , 2023. Edward Sayago, Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY 131 Bohler Engineering FL, LLC 2255 Glades Rd, Suite 305E Boca Raton, FL 33431 PHONE 561.571.0280 Project Location: Project Number Prepared For: Prepared By: Date of Cost Estimate: Item Quantity Unit Unit Cost Total Roadway Construction 4" Concrete Pavement - 3500 PSI (Sidewalk)423 S.Y. $77.00 $32,571.00 6" Concrete Pavement - 4000 PSI (Standard Duty)427 S.Y. $81.07 $34,616.89 8" Concrete Pavement - 4000 psi (Heavy Duty)1419 S.Y. $85.00 $120,615.00 Type B Stabilization 6335 S.Y. $5.33 $33,765.55 8" Limerock Base 4066 S.Y. $16.53 $67,210.98 2" Asphalt 4066 S.Y. $15.41 $62,657.06 6 Ft. Concrete Sidewalk (Perimeter SW.)340 L.F. $21.56 $7,330.40 ADA Ramps 7 E.A. $1,600.00 $11,200.00 Type F Curb and Gutter 2154 L.F. $25.14 $54,140.75 Sub-total for all Paving and Parking Lot Details Stormwater Management 18" RCP 10 L.F.$87.49 $874.90 15" RCP 20 L.F.$94.31 $1,886.20 15" HDPE 118 L.F. $85.00 $10,030.00 18" HDPE 644 L.F. $120.00 $77,280.00 24" HDPE 269 L.F. $130.00 $34,970.00 8" PVC 282 L.F. $33.07 $9,325.74 12" PVC 272 L.F. $60.56 $16,472.32 8" Storm Cleanout 5 E.A. $250.00 $1,250.00 12" Storm Cleanout 5 E.A. $350.00 $1,750.00 18" Storm Cleanout 1 E.A. $500.00 $500.00 Type E Ditch Bottom Inlet <10 6 E.A. $4,918.28 $29,509.68 Storm Manhole - 60" Round Bottom 2 E.A. $10,117.09 $20,234.18 Curb Inlet - 42" Round Bottom Type E - DT Bott 1 E.A. $4,918.28 $4,918.28 Manhole Top and Lid 1 E.A. $1,755.33 $1,755.33 Type P struct. P-5 Curb Inlet 1 E.A. $5,445.66 $5,445.66 Manhole Lid 1 E.A. $897.77 $897.77 Sub-total for all Stormwater Management $450,643.70 $45,064.37 $495,708.07 Christopher Rogers, PE Bohler Engineering FL, LLC 2255 Glades Road, Suite 305E Boca Raton, FL 33431 Florida Registration No. 67359 FL. Business Certification of Authorization No. 30780 WaWa - Boynton Beach NEC of Woolbright & S Congress Avenue WAWA Bohler Engineering FL, LLC November 22, 2021 Engineer's Cost Estimate (Paving, Grading & Drainage) FLB170022 Notes Utilities $214,338.96 Bohler engineering has no control over costs of labor, material, bidding, unidentified field conditions, market conditions, or any other factors like to affect this OPC. This OPC is valid for this date and the reliability of the OPC will degrade over time. Bohler cannot and does not warranty, promise or guarantee that proposals, bids, On-Site Subtotal $236,304.74 Contingency 10% On-Site Total 132 133 City of Boynton Beach Agenda Item Request Form 6.H Consent Agenda 11/ 4/2024 Meeting Date: 11/ 4/2024 Proposed Resolution No. R24-271- Approve a Resolution supporting the procurement and oversight of the consultants for the development of a county-wide transportation plan and supporting the formation of a county-wide technical advisory committee. Requested Action: Staff recommends approval of Proposed Resolution No. R24-271. Explanation of Request: The Intergovernmental Coordination Program (ICP) was established in 1993 to provide a process and opportunity for local governments to resolve conflicts and maintain open lines of communication. Recently the Multijurisdictional Issues Coordination Forum Executive Committee (MICFEC) revisited the issue of regional transportation and mobility. The issue was identified and determined to be of multijurisdictional significance in 2019 by the Issues Forum. Tabled until the resolution of issues surrounding impact fees and mobility, this issue has resurfaced due to increased transportation related problems and the need to create solutions through a collaborative and connected plan. Recognizing the need for a Countywide Transportation Plan, MICFEC has agreed to serve as the policy board to work with a consultant to develop a plan together with an enhanced group of technical professionals, known as Intergovernmental Plan Amendment Review Committee (IPARC) 2.0. This group will provide valuable input to the consultant. The elected officials serving on the Issues Forum will be responsible to bring information back to their governing bodies for discussion and decisions, and the consultant will be funded by the County with money set aside for a transportation plan. As stated in the interlocal agreements, ICP members will provide needed in-kind services including staff resources and will work together to make this happen. The proposed resolution supports the procurement and oversight of the consultant(s) for the development of a county-wide transportation plan and supports the formation of a county-wide technical advisory committee. It also supports the following as necessary for the achievement of a Countywide Transportation Plan: 1. The crafting of a Scope of Services by the Palm Beach County City Manager ’s 134 Association (PBCCMA) through an internal process in which the final version will be distributed to the County and the municipalities. 2. The ICP’s Multijurisdictional Issues Coordination Forum Executive Committee MICFEC) shall serve as the Oversight Board for the Consulting Firm hired to craft the Countywide Transportation Plan, providing policy-level activities specifically related to the contractual relationship, holding of public meetings with the Consulting Firm, providing direction to IPARC 2.0, facilitating engagement and participation of the ICP membership, and making recommendations to the governing bodies of the County, municipalities, and others. 3. The formation of an expanded version of the Intergovernmental Plan Amendment Review Committee (IPARC) by adding municipal and County Engineers, Public Works, IT, TPA, FDOT, Tri-Rail, Palm Tran, and others as deemed appropriate by MICFEC to serve as the Technical Advisory Committee (TAC). The Technical Advisory Committee, IPARC 2.0, will provide information as required by the Consulting Firm as the subject matter experts and provide input and advice to the Consulting Firm and MICFEC. 4. The coordination and processing of the contract with the selected Consulting Firm by use of the County government as the responsible agency for contract administration, including but not limited to assuring compliance with the terms and conditions of the contract, invoice processing, and payments. How will this affect city programs or services? Assist the City with evaluation of transportation and mobility issues, and allow for coordination with neighboring jurisdictions to come up with potential improvements and solutions. Fiscal Impact: There is no fiscal impact to the budget for this item. Attachments: R24-271 Agenda_Item_2355-2023_Resolution_for_Countywide_Transportation_Plan.docx Village of Palm Springs Letter.pdf Village of Palm Springs Res No. 2024-51 Transportation Plan.pdf 135 RESOLUTION NO. R24-2711 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, SUPPORTINGTHE PROCUREMENT AND OVERSIGHT 4 OF CONSULTANTS FOR THE DEVELOPMENT OF A COUNTYWIDE 5 TRANSPORTATION PLAN; SUPPORTING THE FORMATION OF A 6 TECHNICAL ADVISORY COMMITTEE FOR THE SAME; AND FOR ALL 7 OTHER PURPOSES. 8 9 WHEREAS, the movement of people, goods, and services in, around, and throughout Palm 10 Beach County relies on an interconnected transportation network and related transportation 11 services; and12 WHEREAS, the transportation network and transportation services are the responsibility 13 of multiple jurisdictions and governmental agencies such as FDOT, Palm Beach County, 14 municipalities, and various taxing districts and authorities; and15 WHEREAS, citizens are focused on going to and from their destinations and are mostly 16 unaware of jurisdictional boundaries, ownership responsibilities, and funding sources for these 17 transportation networks and services; and18 WHEREAS, the quality, manner, and time required for people, goods, and services to move 19 in the county has tremendous impacts on every aspect of life in Palm Beach County; and20 WHEREAS, population growth in recent years has consistently outpaced the existing 21 transportation network’s capabilities, creating traffic jams, longer travel times, safety issues, extra 22 expenses, and frustration; and23 WHEREAS, population growth is expected to continue to increase for the foreseeable 24 future due to the desirability and quality of life in South Florida and Palm Beach County; and25 WHEREAS, a Countywide Transportation Plan is the only way to effectively address the 26 issues involved with the transportation network and services that exist now and in the future; and27 WHEREAS, the Board of County Commissioners, the City of Boynton Beach, other 28 municipalities, and the taxing districts recognize that working together constructively and 29 proactively is the only way forward for the benefit of all our citizens; and30 WHEREAS, expertise in developing a collaborative and comprehensive Countywide 31 Transportation Plan requires the engagement of a Consulting Firm of National/International 32 136 repute, experience, and capabilities; and33 WHEREAS, the only entity of which the cities and the County are officially connected for 34 purposes of working together to address issues of a countywide nature is the Intergovernmental 35 Coordination Program (ICP); and36 WHEREAS, the ICP is identified in the County and the cities’ Comprehensive Plan 37 Intergovernmental Coordination Elements (ICE) and whose membership is memorialized via 38 Interlocal Agreements; and39 WHEREAS, the ICP membership also includes the taxing authorities and districtsthat build 40 and maintain transportation infrastructure; and41 WHEREAS, the ICP can provide unified, trusted, and collaborative outcomes instead of 42 ones that are weighted towards one side or the other; and43 WHEREAS, the ICP will need the full support of the members both at the Policy level 44 (elected officials) and the staff levels in order to make this process work; and45 WHEREAS, the City Commission finds that collaborating with fellow municipalities, Palm46 Beach County, and other local governments to develop and create a true Countywide 47 Transportation Plan is in the best interests of the City and serves a valid public purpose.48 49 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 50 BEACH, FLORIDA, THAT:51 SECTION 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 52 being true and correct and are hereby made a specific part of this Resolution upon adoption.53 SECTION 2.The City Commission of the City of Boynton Beach, Florida, does hereby 54 support the following as necessary for the achievement of a Countywide Transportation Plan:55 a. The crafting of a Scope of Services by the Palm Beach County City Manager’s56 Association (PBCCMA) through an internal process in which the final version will57 be distributed to the County and the municipalities.58 b. The ICP’s Multijurisdictional Issues Coordination Forum Executive Committee59 MICFEC) shall serve as the Oversight Board for the Consulting Firm hired to craft 60 the Countywide Transportation Plan, providing policy-level activities specifically 61 137 related to the contractual relationship, holding of public meetings with the 62 Consulting Firm, providing direction to IPARC 2.0, facilitating engagement and 63 participation of the ICP membership, and making recommendations to the64 governing bodies of the County, municipalities, and others.65 c. The formation of an expanded version of the Intergovernmental Plan 66 Amendment Review Committee (IPARC) by adding municipal and County 67 Engineers, Public Works, IT, TPA, FDOT, Tri-Rail, Palm Tran, and others as deemed 68 appropriate by MICFEC to serve as the Technical Advisory Committee (TAC). The 69 Technical Advisory Committee, IPARC 2.0, will provide information as required by 70 the Consulting Firm as the subject matter experts and provide input and advice to71 the Consulting Firm and MICFEC.72 d. The coordination and processing of the contract with the selected Consulting73 Firm by use of the County government as the responsible agency for contract74 administration, including but not limited to assuring compliance with the terms 75 and conditions of the contract, invoice processing, and payments.76 SECTION 3.This Resolution shall take effect in accordance with law.77 78 79 [signatures on the following page]80 81 138 PASSED AND ADOPTED this ______________ day of ______________________________ 2024.82 CITY OF BOYNTON BEACH, FLORIDA83 YES NO84 Mayor – Ty Penserga __________85 86 Vice Mayor – Aimee Kelley __________87 88 Commissioner – Angela Cruz __________89 90 Commissioner – Woodrow L. Hay __________91 92 Commissioner – Thomas Turkin __________93 94 VOTE ______95 ATTEST:96 97 ___________________________________________________________98 Maylee De Jesús, MPA, MMC Ty Penserga99 City Clerk Mayor100 101 APPROVED AS TO FORM:102 (Corporate Seal)103 104 _______________________________105 Shawna G. Lamb106 City Attorney107 139 140 Resolution No. 2024-51- Countywide Transportation Plan 1 RESOLUTION NO. 2024-51 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF PALM SPRINGS, FLORIDA, SUPPORTING THE PROCUREMENT AND OVERSIGHT OF CONSULTANTS FOR THE DEVELOPMENT OF A COUNTYWIDE TRANSPORTATION PLAN; SUPPORTING THE FORMATION OF A TECHNICAL ADIVSORY COMMITTEE FOR THE SAME; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the movement of people, goods, and services in, around and throughout Palm Beach County relies on an interconnected transportation network and related transportation services, and WHEREAS, the transportation network and transportation services are the responsibility of multiple jurisdictions and governmental agencies such as FDOT, Palm Beach County, municipalities, and various taxing districts and authorities, and WHEREAS, citizens are focused on going to and from their destinations and are mostly unaware of jurisdictional boundaries, ownership responsibilities, and funding sources for these transportation networks and services, and WHEREAS, the quality, manner, and time required for people, goods, and services to move in the county has tremendous impacts on every aspect of life in Palm Beach County, and WHEREAS, population growth in recent years has consistently outpaced the existing transportation network’s capabilities creating traffic jams, longer travel times, safety issues, extra expenses, and frustration, and; WHEREAS, population growth is expected to continue to increase for the foreseeable future due to the desirability and quality of life in south Florida and Palm Beach County, and WHEREAS, a Countywide Transportation Plan is the only way to effectively address the issues involved with the transportation network and services that exist now and, in the future, and WHEREAS, the Board of County Commissioners, the Village of Palm Springs, the other municipalities, and the taxing districts recognize that working together in a 141 Resolution No. 2024-51- Countywide Transportation Plan 2 constructive and proactive manner is the only way forward for the benefit of all our citizens, and WHEREAS, expertise in developing a collaborative and comprehensive Countywide Transportation Plan requires the engagement of a Consulting Firm of National/International repute, experience and capabilities, and WHEREAS, the only entity of which the cities and the County are officially connected for purposes of working together to address issues of a countywide nature is the Intergovernmental Coordination Program (ICP), and WHEREAS, the ICP is identified in the County and the cities’ Comprehensive Plan Intergovernmental Coordination Elements (ICE) and whose membership is memorialized via Interlocal Agreements, and WHEREAS, the ICP membership also includes the taxing authorities and districts who build and maintain transportation infrastructure, and WHEREAS, the ICP can provide unified, trusted, and collaborative outcomes instead of ones that are ones weighted towards one side or the other, and WHEREAS, the ICP will need the full support of the members both at the Policy level (elected officials) and the staff levels in order to make this process work, and; WHEREAS, the Village Council finds that joining with fellow municipalities, Palm Beach County, and other local governments in a collaborative process for purposes of developing and creating a true Countywide Transportation Plan is in the best interests of the Village and serves a valid public purpose. NOW THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF PALM SPRINGS, FLORIDA; Section 1. The recitals set forth above are incorporated into this Resolution as true findings of fact by the Village Council. Section 2. The Village Council supports the following as necessary for the achievement of a Countywide Transportation Plan: 1) The crafting of a Scope of Services by the Palm Beach County City Manager’s Association (PBCCMA) through an internal process of which the final version will be distributed to the County and the municipalities. 142 Resolution No. 2024-51- Countywide Transportation Plan 3 2) The ICP’s Multijurisdictional Issues Coordination Forum Executive Committee MICFEC) shall serve as the Oversight Board for the Consulting Firm hired to craft the Countywide Transportation Plan providing policy level activities specifically related to the contractual relationship, holding of public meetings with the Consulting Firm, providing direction to IPARC 2.0, facilitating engagement and participation of the ICP membership, and making recommendations to the governing bodies of the County, municipalities and others. 3) The formation of an expanded version of the Intergovernmental Plan Amendment Review Committee (IPARC) by adding municipal and County Engineers, Public Works, IT, TPA, FDOT, Tri Rail, Palm Tran, and others as deemed appropriate by MICFEC to serve as the Technical Advisory Committee (TAC). The Technical Advisory Committee, IPARC 2.0, will provide information as required by the Consulting Firm as the subject matter experts and providing input and advice to the Consulting Firm and MICFEC. 4) The coordination and processing of the contract with the selected Consulting Firm by use of the County government as the responsible agency for contract administration including but not limited to assuring compliance with the terms and conditions of the contract and invoice processing and payments. Section 3. This Resolution shall take effect immediately upon adoption. Council Member offered the foregoing resolution. Council Member seconded the motion, and upon being put to a vote, the vote was as follows: Aye Nay Absent BEV SMITH, MAYOR PATTI WALLER, VICE MAYOR KIM SCHMITZ, MAYOR PRO TEM JONI BRINKMAN, COUNCIL MEMBER GARY READY, COUNCIL MEMBER READY WALLER X X X X X 143 Resolution No. 2024-51- Countywide Transportation Plan 4 The Mayor thereupon declared the Resolution duly passed and adopted this 10th day of October 2024. VILLAGE OF PALM SPRINGS, FLORIDA BY:________________________________ BEV SMITH, MAYOR ATTEST: BY: JANE WORTH, DEPUTY VILLAGE CLERK REVIEWED FOR FORM AND LEGAL SUFFICIENCY BY: __ CHRISTY GODDEAU, VILLAGE ATTORNEY Jane R. Worth (Oct 11, 2024 12:56 EDT) Jane R. Worth BEV SMITH (Oct 11, 2024 14:51 EDT) Christy Goddeau (Oct 15, 2024 13:51 EDT) Christy Goddeau 144 City of Boynton Beach Agenda Item Request Form 6.I Consent Agenda 11/ 4/2024 Meeting Date: 11/ 4/2024 Commission Meeting Minutes. Requested Action: Approve minutes from the October 1, 2024 and October 15, 2024, City Commission Meetings. Explanation of Request: The City Commission met on October 1, 2024 and October 15, 2024, and minutes were prepared from the notes taken at the meetings. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. How will this affect city programs or services? A record of the actions taken by the City Commission will be maintained as a permanent record. Fiscal Impact: There is no fiscal impact to the budget from this item. Attachments: October 1, 2024 City Commission Meeting Minutes.docx October 15, 2024 City Commission Meeting Minutes.docx 145 Minutes of the City Commission Meeting Held Online Via the GoToWebinar Platform and In-Person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Tuesday, October 1, 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 Ty Penserga Mayor Penserga called the meeting to order at 6:05 P.M. Roll Call City Clerk Maylee De Jesús called the roll. A quorum was present. Invocation by Commissioner Hay Invocation was given by Commissioner Hay. Pledge of Allegiance to the Flag led by Commissioner Turkin The Pledge of Allegiance was led by Commissioner Turkin. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Turkin discussed the mall sale and requested that the City reach out to a potential buyer, to schedule a workshop with the community, a request supported by Mayor Penserga. Commissioner Turkin requested that item 10E to be moved up to 10A on the agenda. 2. Adoption Motion: Commissioner Hay moved to approve the agenda as amended. Commissioner Cruz seconded the motion. The motion passed unanimously. 2.Other 146 Minutes of the Meeting City Commission Meeting Boynton Beach, FL October 1, 2024 2 A.Informational items by the Members of the City Commission. Commissioner Cruz gave a shoutout to the Boynton Beach Bulldogs. 3.Announcements, Community and Special Events and Presentations A.Proclamation- Hispanic Heritage Month. Commissioner Cruz read the proclamation into the record. Mayor Penserga announced Hispanic Heritage Month and welcomed special guests. Juan Pagan discussed the Hispanic demographics and how the City can better support the community. He mentioned that the City is a member of the Florida Hispanic American Chamber of Commerce and highlighted the upcoming Three Kings Day celebration in Greenacres. B.Proclamation- Animal Welfare Month. Commissioner Turkin read the proclamation into the record. Megan Weinberger expressed her gratitude for receiving the proclamation and emphasized the importance of animals in people's lives. She also encouraged fostering animals as an alternative for those unable to adopt a pet. C.Announcement of the Senior Health Fair Mayor Penserga announced the Senior Health Fair. 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 may need to be adjusted depending on the level of business coming before the City Commission). 147 Minutes of the Meeting City Commission Meeting Boynton Beach, FL October 1, 2024 3 Cindy Falco De Corrado thanked the City Manager for getting the lawn mowed in the alleyway, though only half of it was completed. She raised concerns about suspicious behavior in her area, immigrants in the neighborhood, red light cameras not working, a Police officer's presence, and issues of sex trafficking. Susan Oyer thanked the City for being responsive regarding her septic tank issue and expressed appreciation for the helpfulness of specific staff members and Commissioners. Commissioner Turkin asked whether public comment would be allowed on the item concerning Harvey Oyer Park. David Dennis spoke about the Community Center being repaired and stressed the importance of not giving up public access to the waterfront in Boynton Beach, urging the City to ensure water access remains available. Capt. Danny Barrow addressed the Harvey Oyer Park and emphasized that this is the board’s opportunity to demonstrate loyalty to residents by ensuring that the boat ramp remains. Candace Habbot requested speed bumps on her street, due to concerns over how fast cars are driving in her neighborhood. Brian McDevitt, speaking on behalf of the local Boy Scout group, discussed a Veterans' Memorial Event and mentioned that some lights were not working, but Public Works addressed the issue. He also described an incident where a vehicle circled the event for two hours, driven by Ernest Mignoli, and expressed concerns about Mr. Mignoli's interactions with the community. Dan Williams spoke about the Harvey Oyer Boat Ramp, highlighting its importance and the benefits it offers to the City, emphasizing the need to protect the park. Destiny Williams, Tennille Gross’ daughter, reflected on the praise her mother received when she first started working for the City and the subsequent challenges she faced. She discussed her mother’s contributions to the City and the difficulties Ms. Gross endured after being fired. 148 Minutes of the Meeting City Commission Meeting Boynton Beach, FL October 1, 2024 4 Tennille Gross mentioned three key concerns, stating that the ethics committee initially found no violation in her case, but the investigation was reopened by the City Manager. She expressed frustration over statements made about her and her name being included in a resolution, requesting a Public Records Request (PRR). She announced that she intends to sue the City. Wesley Shuler expressed concern about corruption, questioning why the investigation into Tennille Gross was reopened despite the report clearing her of allegations. He called for an investigation into the City Manager and City Attorney. Mayor Penserga closed public audience. 5.Administrative A.Advisory Board Appointments. Motion: Vice Mayor Kelley moved to approve Bob Taylor as a Regular member of the Municipal Firefighters Pension Trust Fund. Commissioner Hay seconded the motion. The motion passed unanimously. Motion: Vice Mayor Kelley moved to approve Frando Patterson as an Alternate member of the Recreation and Parks Board. Commissioner Cruz seconded the motion. The motion passed unanimously. Motion: Commissioner Turkin moved to approve Cheryl Rider as a Regular member of the Senior Advisory Board. Commissioner Cruz seconded the motion. The motion passed unanimously. B.Discussion regarding adding a Sister City from Ireland. Vice Mayor Kelley spoke about her conversation with Jeanne Heavilin regarding the possibility of partnering with Ireland for a Sister City. She mentioned that several 149 Minutes of the Meeting City Commission Meeting Boynton Beach, FL October 1, 2024 5 Commissioners have connections with Ireland and expressed interest in exploring options, while learning more about the process for establishing Sister Cities. Jeanne Heavilin explained the Sister Cities program and discussed the current cities partnered with the program. She also outlined the steps involved once a potential City is identified. Mayor Penserga asked Vice Mayor Kelley if she had a specific City in mind. Vice Mayor Kelley responded that they were considering the City of Donegal, although it currently has a Sister City in Missouri. She mentioned another City on her list, as a possibility. Ms. Heavilin discussed access to travel between cities. Mayor Penserga inquired about the next steps. Vice Mayor Kelley said that after her phone call, she would follow up with Ms. Heavilin and work on getting the topic on a future agenda. 6.Consent Agenda A.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. (Tabled from September 23rd, 2024) B.Proposed Resolution No. R24-225-Approving an agreement with Palm Beach County for the EMS Grant in an amount not to exceed $17,852.50 to reimburse the City for its purchase of 18 Handtvey Pediatric Bags with training, medication, and equipment guides. C.Proposed Resolution No. R24-226-Approve the Interlocal Agreement between Palm Beach County and the City of Boynton Beach for the Staffing of Emergency Shelters by Emergency Medical Services Staff. D.Proposed Resolution No. R24-227-Approve the First Amendment to the Subrecipient Agreement, granting a three-month extension to the 150 Minutes of the Meeting City Commission Meeting Boynton Beach, FL October 1, 2024 6 Agreement with Boynton Beach Faith Based Community Development Corporation Inc., for the Community Development Block Grant -Limited Rehabilitation Program as previously approved by Resolution No. R23- 124. E.Proposed Resolution No. R24-228-Approve the Limited Term Extension Amendment to the Agreement between the City of Boynton Beach and Clean Space,Inc., f/k/a Kelly Janitorial Systems, Inc., for janitorial services for City municipal buildings and facilities. F.Proposed Resolution No. R24-229-Approve the renewal of General and Excess Liability coverage with Evanston Insurance Company for leased property at Mangrove Park. G.Proposed Resolution No. R24-230-Approving and authorizing the Mayor to sign an Owner affidavit form for building renovations at 124 E. Woolbright Road. H.Proposed Resolution No. R24-231-Approving a First Amendment to the temporary parking easement with Time Equities for the City's use of the gravel lot west of the North Parcel. Commissioner Hay requested to pull Item 6A. Motion: Vice Mayor Kelley moved to approve the remainder of the consent agenda. Commissioner Cruz seconded the motion. The motion passed unanimously. 6A. 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. (Tabled from September 23rd, 2024). Motion: Vice Mayor Kelley moved to remove item 6A from the table. Commissioner Cruz seconded the motion. The motion passed unanimously. 151 Minutes of the Meeting City Commission Meeting Boynton Beach, FL October 1, 2024 7 City Attorney Lamb introduced the item and provided an overview of the claim. Commissioner Hay referred to his questions from the last meeting and noted that he had not seen any claim from the EEOC. City Attorney Lamb explained that she had provided a document detailing the charges brought by Ms. Matos and discussed the EEOC claim, mediation as the next step, and the possibility of a Federal claim. Commissioner Hay expressed concern that the EEOC had given the green light to sue the City and voiced dissatisfaction with how the matter had been handled. Mayor Penserga reiterated the discussion points. City Attorney Lamb further explained the process that led to the associated costs. Commissioner Turkin emphasized that a Federal lawsuit would have no cap and could potentially cost the City more money. Commissioner Hay acknowledged the importance of saving the City money but expressed frustration that figures were discussed without input from the City Commission. Commissioner Turkin mentioned the possibility of the EEOC claim going to court but trusted the City Attorney to prioritize the taxpayers' interests. He shared similar concerns but felt they had been clarified by City Attorney Lamb. Commissioner Cruz highlighted that the EEOC had not yet made a decision and reiterated that this was a preliminary stage. City Attorney Lamb clarified that even if the EEOC made no determination, a case could still proceed in State court. Vice Mayor Kelley noted that mediation was suggested by the EEOC to avoid the high costs of litigation. She agreed with giving the City Attorney the authority to protect the City's interests and taxpayer dollars, emphasizing that this matter would not simply disappear. Commissioner Hay commented on the need to carefully handle the decision. 152 Minutes of the Meeting City Commission Meeting Boynton Beach, FL October 1, 2024 8 Commissioner Cruz supported Commissioner Hay’s concerns, warning that the City could face numerous lawsuits for similar issues. Commissioner Turkin asked if the City had settled lawsuits before, and City Attorney Lamb confirmed that it had. Commissioner Turkin inquired if the case might exceed $100,000. Mayor Penserga questioned the urgency of the matter and whether other charges would be filed without official claims. City Attorney Lamb noted an October 1 deadline and explained the differences between State and Federal lawsuits, based on her experience. Mayor Penserga asked about the possibility of returning to mediation. City Attorney Lamb explained the time sensitivity and possible next steps. Commissioner Cruz advised waiting for feedback from the EEOC. Vice Mayor Kelley asked whether the City had to wait for the EEOC to take action. City Attorney Lamb clarified that it was not necessary to wait for the EEOC to sue and explained the relevant statutes. Commissioner Hay inquired whether the person could still sue after a settlement. City Attorney Lamb stated that settling would release all claims, both current and future. Commissioner Cruz requested further feedback from the EEOC to determine whether the claims had standing. City Attorney Lamb described the EEOC charge process and what it may or may not decide. Motion: 153 Minutes of the Meeting City Commission Meeting Boynton Beach, FL October 1, 2024 9 Commissioner Turkin moved to approve item 6A. Vice Mayor Kelley seconded the motion. The motion passed 3-2, with Commissioner Cruz and Commissioner Hay dissenting. 7.Consent Bids and Purchases over $100,000 A.Proposed Resolution No. R24-232- Approve the purchase of parts and equipment with South Florida Emergency Vehicles as a Sole Source vendor for maintenance and repair of Sutphen Fire trucks and ambulances with an annual expenditure not to exceed $100,000. B.Proposed Resolution No. R24-233- Approve the purchase of parts and equipment with The Peterbilt Store as a Sole Source vendor for original equipment manufacturer for Peterbilt. Provides service, parts and warranty of Peterbilt trucks, with an annual expenditure not to exceed $100,000. C.Proposed Resolution No. R24-234- Approve the purchase of parts and equipment with Sunbelt Hydraulic & Equipment as a Sole Source vendor for original equipment manufacturer for Heil Refuse Bodies equipment. Provides service, parts, and warranty of Heil Refuse Bodies, with a not to exceed annual expenditure of $100,000. D.Proposed Resolution No. R24-235- Award Bid #UTL24-060 for "Repairs and Emergency Services for Water Distribution, Wastewater Collection, and Stormwater Utility Systems" to Madsen/Barr Corp. as the primary vendor and Hinterland Group, Inc. as the secondary vendor. The expected expenditure amount for the term of this agreement is $3,000,000. Motion: Commissioner Turkin moved to approve the Consent Bids and Purchases over $100,000. Commissioner Hay seconded the motion. The motion passed unanimously. 8.Public Hearing 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A.Proposed Ordinance No. 24-018- Second Reading - An Ordinance of the City 154 Minutes of the Meeting City Commission Meeting Boynton Beach, FL October 1, 2024 10 Commission of the City of Boynton Beach, Florida; Amending Chapter 18, Article IV, Pensions for Firefighters, Section 18-185 "Normal Retirement Date," of the City Code to Permit Normal Retirement at Twenty Years of Service by Removing the Second Tier Adopted in 2019; providing for inclusion in the code; providing for severability; providing for a repealer; and providing for an effective date. City Clerk De Jesús read the title into the record. Commissioner Turkin spoke about the cost savings to the City. Chief Hugh Bruder mentioned that by waiting until tonight, the City saved $247,000. Commissioner Turkin thanked Chief Bruder. Mayor Penserga opened the floor for public comment, but there were no comments. Motion: Commissioner Hay moved to approve Ordinance No 24-018, on Second Reading. Commissioner Turkin seconded the motion. In a roll call vote, the motion passed unanimously. 9.City Manager’s Report- None 10.Regular Agenda A.Conduct annual performance evaluation for Daniel Dugger, City Manager. Lynn Nazario, HR Director, presented the City Manager's annual performance evaluation and discussed the criteria. Commissioner Hay asked about the City Manager’s current salary of $215,250 and when it became effective. Ms. Nazario explained that the salary became effective when the City Manager received a 5% raise, and provided comparisons to other municipalities' City Manager salaries in Palm Beach County. 155 Minutes of the Meeting City Commission Meeting Boynton Beach, FL October 1, 2024 11 Commissioner Hay inquired about the Deputy City Manager’s salary. Ms. Nazario confirmed it was $225,000 as of September 1, 2024. Commissioner Hay expressed concern about not recalling a discussion on this increase. Ms. Nazario explained that it was a decision related to the Deputy City Manager’s role, and City Manager Dugger added that he felt the Deputy was worth that amount. Commissioner Turkin raised the issue of salary compression outside the City. City Manager Dugger spoke about resolving recruitment issues in the Police Department by adjusting salaries. He emphasized that while he was not lobbying for a raise, he would not lower the salaries of employees who had received increases. Commissioner Turkin confirmed that the raises were included in the budget and commended the City Manager for putting others before himself. Commissioner Hay asked about the percentage increase given to the Deputy City Manager, and City Manager Dugger confirmed it was 10%. Commissioner Cruz asked about general employee raises. City Manager Dugger explained the overall market raises and a tier system that was implemented. He expressed gratitude for the City Commission’s support and discussed some of the major accomplishments during his tenure, highlighting that he loved his job and appreciated the progress made. Ms. Nazario stated that this concluded the performance evaluation and invited further comments. Commissioner Turkin praised City Manager Dugger for his availability and professionalism, despite personal challenges. He proposed increasing the City Manager’s salary to $254,000, referencing the median income for similar positions. 156 Minutes of the Meeting City Commission Meeting Boynton Beach, FL October 1, 2024 12 Vice Mayor Kelley agreed with Commissioner Turkin’s assessment and commended City Manager Dugger for his accomplishments, noting his pursuit of education while managing City affairs. She emphasized the importance of his hands-on role in the community and his adherence to Commission recommendations. Commissioner Cruz acknowledged positive feedback regarding staff responses and highlighted areas for improvement, such as providing the budget book earlier and increasing communication on changes before implementation. She commended the City Manager’s support for local businesses and suggested adding a park in Leisureville. Commissioner Turkin emphasized the role of branding in driving economic development and praised the City Manager’s efforts in attracting investment to Boynton Beach. Commissioner Hay acknowledged the importance of branding, but pointed out that it had been in place since 2012-2013. He noted that while he had not initially supported City Manager Dugger, he recognized many of his accomplishments and supported a salary increase, but suggested $230,000 instead of $254,000. Mayor Penserga asked about the number of employees in Delray Beach. City Manager Dugger responded that they have 1,100 employees. Mayor Penserga noted that two salary proposals were on the table: $230,000 and $254,000. Commissioner Cruz expressed support for a salary increase but emphasized fiscal responsibility, agreeing to a 10% increase with a maximum of $236,000. There was consensus to set City Manager Dugger’s salary at $236,000. City Attorney Lamb noted that the decision did not address benefits, which needed clarification. Mayor Penserga mentioned this was the first time he had heard of the issue. City Manager Dugger added that he had included it in his contract negotiations. 157 Minutes of the Meeting City Commission Meeting Boynton Beach, FL October 1, 2024 13 Motion: Commissioner Cruz moved to approve a 10% increase for City Manager Daniel Dugger. Commissioner Turkin seconded the motion. The motion passed unanimously. The City Commission recessed at 8:27 PM. The City Commission reconvened at 8:35 PM. B.Discussion regarding an ordinance regulating the sale of recreational marijuana in the City of Boynton Beach. City Attorney Lamb explained that she requested an ordinance be drafted in anticipation of the amendment vote set for November 5th. She discussed what the vote would allow and why it was important to have this ordinance prepared before the vote passes. Commissioner Cruz expressed concerns about current dispensaries selling recreational marijuana, stating that she would not support it. City Attorney Lamb clarified that while they cannot prohibit existing dispensaries from selling recreational marijuana, they can regulate other facilities that may sell it. There was further discussion about the amendment language, including what it would permit and regulations concerning proximity to schools. Commissioner Cruz proposed increasing the distance from schools and churches for future facilities. Assistant City Manager Temple mentioned that the distance is calculated based on square footage and proximity to schools. Commissioner Turkin agreed with increasing the distance from schools and added that the City does not need more dispensaries. City Attorney Lamb noted that there are currently no regulations about dispensaries being near parks. 158 Minutes of the Meeting City Commission Meeting Boynton Beach, FL October 1, 2024 14 Deputy City Manager Mack mentioned that state preemption was applied when medical marijuana was passed. City Attorney Lamb recommended reviewing changes and informed Vice Mayor Kelley that the current facilities could sell recreational marijuana but suggested regulating what else could be sold. She also referenced Wellington’s approach to marijuana regulations. Vice Mayor Kelley asked about the next steps. City Attorney Lamb recommended waiting until after the November election to consider limiting other types of facilities and boosting restrictions. There was discussion on moving forward with staff recommendations and increasing restrictions. Commissioner Cruz asked if there would be public comment during the second reading. City Attorney Lamb confirmed there would be. C.Proposed Ordinance No. 24-020- First 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. City Clerk De Jesús read the title into the record. Motion: Commissioner Turkin moved to approve Ordinance No 24-020, on First Reading. Commissioner Hay seconded the motion. In a roll call vote, the motion passed unanimously. D.Proposed Ordinance No. 24-021- First Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, amending Part III, Chapter 159 Minutes of the Meeting City Commission Meeting Boynton Beach, FL October 1, 2024 15 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. City Clerk De Jesús read the title into the record. Vice Mayor Kelley asked if the update was based on the latest flood report. John Kuntzman confirmed that it was. Commissioner Cruz mentioned the importance of addressing flood-related issues. Motion: Commissioner Cruz moved to approve Ordinance No 24-021, on First Reading. Commissioner Turkin seconded the motion. In a roll call vote, the motion passed unanimously. E.Proposed Resolution No. R24-236- Approving and authorizing the Mayor to sign a Restrictive Covenant for Harvey E. Oyer Jr. Park. Item 10E was heard before item 10A. Stacey Weinger, Deputy City Attorney, spoke about the proposed restrictive covenant, outlining the permitted uses for the property. Commissioner Turkin asked about the potential dock and misuse of the current ramp. Deputy City Attorney Weinger clarified that the covenant does not specify the location of the dock. Chief Bruder discussed the Fire Assessment Fee and mentioned that the facility would be used for a public safety dock, which had already been approved by the City Commission. 160 Minutes of the Meeting City Commission Meeting Boynton Beach, FL October 1, 2024 16 Commissioner Turkin inquired about relocating the cleaning station and whether the commercial use component protects the people who use the ramps. Deputy City Attorney Weinger explained who would be protected. Commissioner Turkin thanked the City and mentioned that he had spoken with the Oyers, who were also pleased. He expressed appreciation to the City Attorney and the City Manager. Commissioner Cruz asked about the retail component and whether there was a limit to the amount of space allowed for retail development. Deputy City Attorney Weinger noted that there was no specific space limit mentioned in the covenant, and any changes would need to be brought before the City Commission. Commissioner Cruz emphasized that this is a park and should not have retail or large spaces dedicated to such purposes. Commissioner Turkin reiterated that the discussions focused on utilizing the current facilities and that there should not be any large stores built in the area. Motion: Commissioner Turkin moved to approve Resolution No. R24-236. Commissioner Hay seconded the motion. The motion passed unanimously. F.Proposed Resolution No. R24-237- Approve the disposition of land by the Boynton Beach Community Redevelopment Agency to Maple Tree Investments, LLC for the property located at 401 E. Boynton Beach Blvd., 407 E. Boynton Beach Blvd., and 411 E. Boynton Beach Blvd., for a purchase price less than fair market value. There were no questions for staff. Mayor Penserga opened public comment. 161 Minutes of the Meeting City Commission Meeting Boynton Beach, FL October 1, 2024 17 Cindy Falco De Corrado mentioned that she thought the discussion was about a different property. Mayor Penserga closed public comment. Motion: Vice Mayor Kelley moved to approve Resolution No. R24-237. Commissioner Turkin seconded the motion. The motion passed unanimously. 11.Future Agenda Items A.Update on upgrades to water treatment plants to meet future drinking water regulations.-October 15, 2024. Requested by Mayor Penserga. B.Discussion regarding Artificial Turf Ordinance.-October 15, 2024 Requested by Commissioner Turkin. C.Discussion regarding Rapid Re-housing Program.-October 15, 2024 Requested by Mayor Penserga. D.Discussion regarding additional digital signs. -November 4, 2024 Requested by Commissioner Hay. E.Discussion regarding City entry way signage. -November 4, 2024 Requested by Mayor Penserga. F.Discussion regarding Procurement Policies and Procedures, including local business preference. -December 3, 2024. Requested by Mayor Penserga and Commissioner Cruz. G. Discussion regarding combining City properties together to create senior affordable housing . - Pending meeting with Mayor Penserga. Requested by Mayor Penserga. H. Discussion regarding Amendments to the Code of Ordinances regarding flooding in the community.-Pending meeting with Commissioner Cruz. Requested by Commissioner Cruz. I.Discussion regarding Hazard Pay for Community Standards.-Pending meeting with Commissioner Cruz. Requested by Commissioner Cruz. 162 Minutes of the Meeting City Commission Meeting Boynton Beach, FL October 1, 2024 18 J.Discussion regarding requirements for Advisory Board Appointments.-Pending meeting with Vice Mayor Kelley. Requested by Vice Mayor Kelley. 12.Adjournment Commissioner Hay thanked his wife for spending their anniversary at the meeting. He mentioned that he would like to discuss the issue of a super majority vote versus a simple majority vote during the October 15 agenda. Commissioner Turkin asked for clarification on the topic. Commissioner Hay reiterated that he would like to add the discussion on the agenda. Commissioner Turkin referenced an email regarding the super majority and simple majority votes and expressed concerns about a potential sunshine law violation if the issue pertained to the employment of the City Manager or City Attorney. He requested a PRR (Public Records Request) for Commissioner Hay's communication on the matter. Vice Mayor Kelley asked Assistant City Manager Temple for an update on the downtown development and the Live Local project. Motion: Commissioner Cruz moved to adjourn the meeting. Commissioner Hay seconded the motion. The motion passed unanimously. There being no further business to discuss, the meeting was adjourned at 9:04 P.M. CITY OF BOYNTON BEACH ATTEST: _______________________________ Maylee De Jesús, MPA, MMC City Clerk 163 1/13 Minutes of the City Commission Meeting Held Online Via the GoToWebinar Platform and In-Person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Tuesday, October 15, 2024, at 6:00 P.M. Present: Mayor Ty Penserga Daniel Dugger, City Manager Vice Mayor Thomas Turkin- via online/arrived at 7:03 PM 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 Ty Penserga Mayor Penserga called the meeting to order at 6:01 P.M. Roll Call City Clerk Maylee De Jesús called the roll. A quorum was present. Invocation by Pastor Jeff Kelly, First Baptist Boynton. Invocation was given by Pastor Kelly. Pledge of Allegiance to the Flag led by Vice Mayor Aimee Kelley. The Pledge was let by Vice Mayor Kelley. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Motion: Vice Mayor Kelley 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 stated that she has received emails from multiple companies regarding item #10B. Vice Mayor Kelley said that she has received multiple emails regarding item #10B as well. Commissioner Turkin stated that in regards to item #10B, he spoke to Neil from Red Speed and Joseph from Verra. Commissioner Hay stated that he received an email in regards to item #10B. He said that he was 164 Minutes of the Meeting City Commission Meeting Boynton Beach, FL October 15, 2024 happy to attend the First Friday event for Hispanic Heritage Month. He apologized to the public and to the staff for his actions at the last Commission Meeting, and said that it was not very becoming of who he is. He spoke about the rumors that have been going around the City, and what his position is on simple majority versus super majority. He mentioned that it about 34 out of the 39 municipalities in Palm Beach County have a simple majority vote on their charter, and he would like to take a look at this long term. Mayor Penserga stated that misinformation is insidious 3.Announcements, Community and Special Events and Presentations A.Announcement of Fall Festival Mayor Penserga announced this event. B.Announcement of the 2024 Boynton Beach Pirate Fest Mayor Penserga announced this 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 may need to be adjusted depending on the level of business coming before the City Commission). David Merker said that he respects Commissioner Hay because he served on the Board with him, and that they should bring forward the simple majority option. Susan Oyer thanked staff members Patrick Hart and Nicole Johnson that helped her last week. She reminded everyone about Seacrest Estates Halloween Contest and said that she needs a judge, and asked if anyone on the dais would like to be a judge. She spoke about the tree pruning issue in her neighborhood, and not having any electricity because one house does not cut their trees and it always causes an issue with electricity. Cindy Falco De Corrado spoke about the simple majority vote versus the super majority vote, and mentioned that she is not for this change. She spoke about her Police Report being wrong, and about the incident that happened in the Commission Chambers when she was removed. David Katz spoke about the 4-1 Super Majority being put in place 29 years ago, and mentioned the history of this issue. Melissa Hankins spoke about needing the swales redone on her street. She mentioned that on September 11, it rained for one hour and she could not leave her house because it was flooded. She commented about kids in danger walking to school. Karen Reinhart stated that she wanted to speak about what she heard regarding changing 165 Minutes of the Meeting City Commission Meeting Boynton Beach, FL October 15, 2024 3 this to a sanctuary City. She mentioned the poles that have been put all over the City, and said that nobody asked for it and wants to know what they were about. She stated that residents should not cut trees when there are storms coming. She spoke about the back side of the I95 wall being super dirty and needing to be cleaned. Steve Huckerman suggested putting useful information in the water bills, such as about who voted for what, for transparency. There were no online comments. 5.Administrative A.Advisory Board Appointments. Motion: Commissioner Turkin moved to approve Beverlee Coccoli as a Regular member of the Library Board. Commissioner Hay seconded the motion. The motion passed unanimously. Motion: Commissioner Cruz moved to approve Desirae Patterson as a Regular member of the Municipal Firefighters Pension Trust Fund. Commissioner Hay seconded the motion. The motion passed unanimously. B.Community Support Funds Motion: Commissioner Turkin moved to approve community support funds for CSF Growing Strong Ministries. Vice Mayor Kelley seconded the motion. The motion passed unanimously. 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. 166 Minutes of the Meeting City Commission Meeting Boynton Beach, FL October 15, 2024 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 167 Minutes of the Meeting City Commission Meeting Boynton Beach, FL October 15, 2024 5 that occurred on or about May 23, 2021. 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. 168 Minutes of the Meeting City Commission Meeting Boynton Beach, FL October 15, 2024 6 R.Commission Meeting Minutes. Motion: Commissioner Hay moved to approve the consent agenda. Vice Mayor Kelley seconded the motion. The motion passed unanimously. 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. 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 169 Minutes of the Meeting City Commission Meeting Boynton Beach, FL October 15, 2024 7 to exceed $200,000 a year, utilizing the State of Florida Alternate Contract Source Number 43220000-NASPO-19-ACS. Motion: Commissioner Hay moved to approve the Consent Bids and Purchases over $100,000. Vice Mayor Kelley seconded the motion. The motion passed unanimously. 8.Public Hearing 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 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. City Clerk De Jesús read the title into the record. Motion Vice Mayor Kelley moved to remove from the table Ordinance No 24-017, on Second Reading. Commissioner Hay seconded the motion. The motion passed unanimously. Candice Stone, Community Standards Director,gave a brief overview and spoke about the changes that were made. She mentioned directional pruning,and not being able to secure funding. Vice Mayor Kelley mentioned not wanting to start this without a roll out plan Ms. Stone commented that they could table this and review it before going back to second reading again. She spoke about the help that FPL could provide to residents. Vice Mayor Kelley asked the Attorney what they recommend for a roll out date, or passing this with a disclaimer with a waiting period. She said that she foresees this being a giant disaster. Attorney Lamb stated that they can table this and work a roll out plan into the 170 Minutes of the Meeting City Commission Meeting Boynton Beach, FL October 15, 2024 8 Ordinance, or they can change it now and implement them before they are signed off on. There was discussion regarding possible changes into the ordinance. Vice Mayor Kelley asked to have this tabled to the next meeting. Motion Vice Mayor Kelley moved to table Ordinance No 24-017, on Second Reading, until November 4, 2024. Commissioner Cruz seconded the motion. The motion passed unanimously. 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 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. Attorney Lamb mentioned speaking to Bonnie Jensen in regards to the changes for this ordinance that needs to happen. She asked to have this tabled until the changes are reviewed. Motion Commissioner Hay moved to table Ordinance No 24-020, on Second Reading, until November 4, 2024. Commissioner Cruz seconded the motion. The motion passed unanimously. 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. John Kuntzman, Building Director, stated that the state contacted them about changes that needed to happen for this ordinance regarding Flood Prevention. 171 Minutes of the Meeting City Commission Meeting Boynton Beach, FL October 15, 2024 9 Attorney Lamb stated that there was a change and spoke about it. Mayor Penserga opened this item to public comment. Susan Oyer asked if this is a more positive ordinance change. Melissa Hagans stated that it floods at her house, and asked what they planned on doing in her area, because they are widening Gateway Bridge. Mayor Penserga closed public comments. Commissioner Turkin arrived at 7:03 P.M. in person. Mr. Kuntzman spoke about our flood ratings and flood hazard areas. Vice Mayor Kelley asked if this is to update the FEMA corrections needed for our outdated ordinance. Mr. Kuntzman said that the State is requiring this change, so that it is in compliance with the State of Florida's laws. Motion Commissioner Hay moved to approve Ordinance No 24-021, on Second Reading. Commissioner Cruz seconded the motion. In a roll call vote, the motion passed unanimously. 9.City Manager’s Report- None 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. Mr. Kuntzman spoke about the following regarding the building recertification program: Purpose; overview of the program; reason for update; statistics; and questions. Commissioner Hay asked if there is a timeline on compliance and if there are transitional provisions for the reports. 172 Minutes of the Meeting City Commission Meeting Boynton Beach, FL October 15, 2024 10 Mr. Kuntzman stated that they were given 180 days to provide the phase I report, and spoke about the reporting dates for the other phases. He mentioned the consequences of not complying. Commissioner Hay asked about ADA requirements. John responded that the only thing required is the recertification of the building structure. Adam Temple, Assistant City Manager, stated that the only changes being proposed is to strike electrical engineer and allow all engineers to be able to provide the reports. Vice Mayor Kelley stated that she is glad this is passing because some of the buildings on the west side of the City has some of the bigger issues. She asked about the difference of the reports that has not been responded to. Mr. Kuntzman spoke about their process if a property owner has not responded and what they could do about it. Vice Mayor Kelley said that she wanted to point out that we are being proactive as to what the State requires. Motion Vice Mayor Kelley moved to approve Ordinance No 24-022, on First Reading. Commissioner Hay seconded the motion. In a roll call vote, the motion passed unanimously. 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. Chief DeGiulio spoke about the companies that participated in the bids. He reviewed the comparative study between the bids. Mayor Penserga asked which are his top 3 business terms that are important when choosing a vendor. Chief DeGiulio stated having an established business is important, and the familiarity with the vendor. He said that sometimes loyalty gets undervalued. 173 Minutes of the Meeting City Commission Meeting Boynton Beach, FL October 15, 2024 11 Mayor Penserga asked about the assessment of the fee, if they are per citation. Chief DeGiulio said that is correct. Mayor Penserga asked about the additional fees. Chief DeGiulio spoke about the additional fees. Commissioner Cruz asked about the first two violations and how much they are. Chief DeGiulio explained the fees and what portion the vendors get. Commissioner Cruz spoke about who owns the data that is collected. Chief DeGiulio stated that the City of Doral owns the data. Commissioner Cruz said that she was reading about FOIA's and paying for Public Records Requests. Chief DeGiulio stated that if it is related to the event, we address it, if itis related to the system, they will handle it. Commissioner Cruz mentioned ownership of the equipment, and cost of removal. Andrew Rozwadowski stated that we are stuck with the terms in the original RFP. Commissioner Cruz spoke about the requirements for mediation and sharing the cost if there is mediation required. She asked how many cities are up and running right now with these cameras. Chief DeGiulio said that the 3 from Doral and Davie are not up and running just yet. He mentioned that there are a lot of cities going live with this program soon. Commissioner Hay asked if the cameras are not working, is there a guarantee that they will be fixed in a specific time period. Chief DeGiulio said that the vendor is responsible for it, and will get it done as soon as possible. 174 Minutes of the Meeting City Commission Meeting Boynton Beach, FL October 15, 2024 12 Commissioner Turkin asked if this is a 5-year contract, and if the $6 is until the last year, and what the option to renew is. Chief DeGiulio explained the renewals. Motion Vice Mayor Kelley moved to approve Resolution No. R24-263. Commissioner Hay seconded the motion. The motion passed unanimously. 11.Future Agenda Items A.Update on future upgrade plan for water treatment plants to meet future drinking water regulations.-November 4, 2024 Requested by Mayor Penserga. B.Discussion regarding Rapid Re-housing Program.-November 4, 2024 Requested by Mayor Penserga. C.Discussion regarding additional digital signs. -November 4, 2024 Requested by Commissioner Hay. D.Discussion regarding City entry way signage. -November 4, 2024 Requested by Mayor Penserga. E.Discussion regarding Procurement Policies and Procedures, including local business preference. -December 3, 2024 Requested by Mayor Penserga and Commissioner Cruz. F.Discussion regarding combining City properties together to create senior affordable housing . - Pending meeting with Mayor Penserga Requested by Mayor Penserga. G. Discussion regarding Amendments to the Code of Ordinances regarding flooding in the community.-Pending meeting with Commissioner Cruz Requested by Commissioner Cruz. H.Discussion regarding Hazard Pay for Community Standards.-Pending meeting with Commissioner Cruz Requested by Commissioner Cruz. 175 Minutes of the Meeting City Commission Meeting Boynton Beach, FL October 15, 2024 13 I.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 Turkin seconded the motion. The motion passed unanimously. There being no further business to discuss, the meeting was adjourned at 7:36 P.M. CITY OF BOYNTON BEACH ATTEST: Maylee De Jesús, MPA, MMC City Clerk 176 City of Boynton Beach Agenda Item Request Form 7.A Consent Bids and Purchases over $100,000 11/ 4/2024 Meeting Date: 11/ 4/2024 Proposed Resolution No. R24-272- Approve Amendment No. 2 to Task Order UT-2D-05 with Calvin, Giordano & Associates, Inc. in the amount of $207,217.60 for a new total contract amount of $468,508.60 for professional engineering services required for the design of a 12" water main for future service to the Town of Gulfstream and to provide construction administration and inspection services for the SE 36th Ave Streetscape Project and Water Main Installation Project. Requested Action: Staff recommends approval of Proposed Resolution No. R24-272. Explanation of Request: On February 16, 2021, the City Commission approved Task Order UT-2D-05 with Calvin, Giordano, and Associates, Inc., for the engineering, design, and permitting of the replacement road for SE 36th Ave./Gulfstream Blvd. Due to budgeting priorities, this project was put on hold for 1.5 years. The funding has been secured and allocated to complete the engineering design and permitting of SE 36th Ave./Gulfstream Blvd. City Commission approved Amendment No. 1 for Calvin, Giordano, and Associates, Inc. to start the design of the 12" water main on SE 36th Ave./Gulfstream Blvd. from Seacrest Blvd to FEC Railroad (phase 1) for a future connection for the Town of Gulfstream on May 21, 2024 (Resolution R24-062). Amendment No. 2 is to approve Calvin, Giordano, and Associates, Inc. to complete the design of the 12" watermain on SE 36th Ave/Gulfstream Blvd. from FEC Railroad to Federal Highway (phase 2) for a connection for the Town of Gulfstream. Staff requests approval of Amendment No. 2 to UT-2D-05 in the amount of $207,217.60 to add the engineering, design, permitting, geotechnical, surveying, and construction inspections of a 12" water main on SE 36th Ave./Gulfstream Blvd. to the scope of services. How will this affect city programs or services? Amendment No. 2 will allow for the completion of the 12" water main to improve service to the surrounding neighborhoods and to provide service to the Town of Gulfstream. Fiscal Impact: 177 The funds ($207,217.60) for this project are available in the Utilities and Public Works CIP accounts. Attachments: R24-272 Agenda_Item_2253-2023_Resolution_for_Task_Order_UT-2D-05_Amd__2.docx Exhibit A to Resolution - signed Amd.pdf Proposal for Second Amendment to Agreement with CGA Gulfstream WM Phase II.pdf R24-062 - Amendment 1 for Watermain Addition - Gulfstream Blvd.pdf Original CGA Gulfstream Blvd Scope of Work.pdf CGA PO 210833 Change Order 1 - CGA PO 210833 Change Order 2 - CGA PO 210833 Change Order 3 - CGA PO 210833 178 RESOLUTION NO. R24-2721 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, APPROVING THE SECOND AMENDMENT TO TASK 4 ORDER NO. UT-2D-05 WITH CALVIN, GIORDANO & ASSOCIATES, INC., 5 FOR 36TH AVENUE WATER MAIN PHASE 1 & 2; AND FOR ALL OTHER 6 PURPOSES. 7 8 WHEREAS, on August 20, 2018, the City and Calvin, Giordano, and Associates, Inc. 9 (“Consultant”) entered into an Agreement for General Consulting Services (“Original Agreement”), 10 which authorized the City to issue task orders for projects on an as-needed basis; and11 WHEREAS, on February 16, 2021, the City Commission approved Task Order UT- 2D -05 12 (the “Original Task Order”) with the Consultant for the engineering design and permitting of the 13 replacement road for SE 36th Ave./Gulfstream Blvd. (the “Project”); and14 WHEREAS, on May 21, 2024, the City Commission approved the First Amendment to the 15 Original Task Order for the Consultant to provide additional design phase tasks, including 16 permitting, construction drawings, and project management services to the City regarding the 17 Project and to adjust the fees (the “First Amendment”) (the Original Task Order and First 18 Amendment are collectively referred to as the “Task Order”); and19 WHEREAS, the Parties desire to execute a Second Amendment to the Task Order so the 20 Consultant can provide additional services regarding the Project, including designing, permitting, 21 and preparing bid documents for a new 12-inch transmission water main (Phase 2) and providing 22 limited construction administration services for the entirety of the Project (Phase 1 Water Main, 23 Phase 2 Water Main, and the SE 36th Ave Streetscape projects); 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 the Second Amendment to Task Order 26 No. UT-2D-05 with Calvin, Giordano & Associates, Inc., for 36th Avenue Water Main Phase 1 & 2.27 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 29 BEACH, FLORIDA, THAT:30 SECTION 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 31 being true and correct and are hereby made a specific part of this Resolution upon adoption.32 179 SECTION 2.The City Commission of the City of Boynton Beach, Florida, does hereby 33 approve the Second Amendment to Task Order No. UT2D-05 with Calvin, Giordano & Associates, 34 Inc., for 36th Avenue Water Main Phase 1 & 2 (the “Amendment”), in form and substance similar 35 to that attached as “Exhibit A.“36 SECTION 3.The City Commission of the City of Boynton Beach, Florida, hereby 37 authorizes the Mayor to execute the Amendment. 38 SECTION 4.The City Clerk shall retain the fully executed Amendment as a public record 39 of the City. A copy of the fully executed Amendment shall be provided to Moisey Abdurakhmanov40 to forward to the Consultant.41 SECTION 5.This Resolution shall take effect in accordance with law.42 43 PASSED AND ADOPTED this ______________ day of ______________________________ 2024.44 CITY OF BOYNTON BEACH, FLORIDA45 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 Maylee De Jesús, MPA, MMC Ty Penserga61 City Clerk Mayor62 63 APPROVED AS TO FORM:64 (Corporate Seal)65 66 _______________________________67 Shawna G. Lamb68 City Attorney69 180 181 182 183 184 185 186 187 188 189 190 191 BHV Camden Drive and Bal Cross Drive Sanitary Sewer – Proposal Page 1 of 13 Proposal for Professional Services Date: September 30, 2024 RE: SE 36th Avenue Water Main Phase 2 Client: City of Boynton Beach 124 E Woolbright Rd Boynton Beach, FL 33435 Attention: Keith Webber, PE, Assistant Director of Engineering/Utilities CGA Project No: 20-4088.4 The City of Boynton Beach (COBB) has requested professional services from Calvin, Giordano & Associates, Inc. (CGA) to design, permit, and prepare bid documents for a new 12-inch transmission water main (Phase 2). The water main will be installed on SE 36th Avenue within COBB’s right-of-way to extend from just west of the FEC Railway east to the east side of Federal Hwy (approximately 980 LF of water main, refer to Project Location Exhibit for Project Limits). This new transmission water main will serve the Town of Gulfstream. CGA is currently under contract to design, permit, and provide bid plans for a streetscape project (SE 36th Ave Streetscape) within the Project Limits and Phase 1 of this same water main project. Phase 2 of the water main project will be designed, permitted, and bid under this contract (separate from Phase 1 Water Main and the Streetscape projects). Additionally, COBB has requested limited construction administration and inspection services from CGA for SE 36th Ave Streetscape, SE 36th Ave Phase 1 Water Main, and SE 36th Ave Phase 2 Water Main. The intent is for CGA to certify all projects after completion. CGA is pleased to submit this proposal for professional services for Phase 2 Water Main (design, permitting, and bidding) and limited construction administration services for all projects (Phase 1 Water Main, Phase 2 Water Main, and the SE 36th Ave Streetscape projects). CGA shall subcontract the required scope for Geotechnical Engineering and utility locating to Nutting Engineers of Florida, Inc. and to US Utility Potholing and Air Excavation, respectively. The specific scope of services is further detailed in the subsequent sections. 192 Boynton Beach SE 36th Avenue Water Main Phase 2 CGA Proposal for Professional Services Page 2 of 13 30% DELIVERABLES I.1 Survey I.1.1 Identify platted rights-of-way (including bearing and distances for centerline) lot numbers, house addresses, ownership lines, block numbers, and platted easements within the Project Limits. I.1.2 All above ground improvements within the Project Limits will be field collected, with horizontal locations and vertical elevations being provided for such items as edge-of-pavement, sidewalks, driveways, access points / curb cuts and visible above ground utilities. Visible above ground utilities refer to the visible structures (e.g., manholes, valve boxes, inlets, etc.) typically associated with storm drainage, sanitary sewer, potable water, electric, gas, telephone, and cable television. I.1.3 Data for pipe sizes, type of material, direction of flow and invert elevations will be obtained for any accessible manholes of storm and sewer manholes / inlets within the Project Limits including the next structure in the line of flow outside of the Project Limits. I.1.4 A grid of cross section elevations will be obtained at 50-foot intervals together with any grade breaks, swales, mounds, or other definitive elevation change throughout the roadway corridor within the Project Limits. I.1.5 All trees within the Project Limits, with at least a 3-inch caliper or greater, will be located and identified on the survey with unique tree symbol for each common name tree species and tree diameter. I.1.6 Location with color and type of any above-ground paint marks identifying underground utility demarcation as completed by others within the Project Limits. I.1.7 Survey data will be referenced vertically to North American Vertical Datum of 1988 (NAVD 88) and horizontally to Florida State Plane Coordinates, North American Datum 83/90 (NAD 83/90). I.1.8 The topographic survey will be prepared in accordance with the Standards of Practice requirements for Surveying and Mapping in the State of Florida as set forth by Chapter 5J-17 of the Florida Administrative Code, pursuant to Florida Statues Chapter 472.027. Deliverables shall be provided in both CAD and PDF formats. I.1.9 Prepare a certified sketch and legal description for a 10 ft. x 10 ft. Utility Easement for the water meter tie-in at Gulfstream Boulevard and Federal Highway for the property as identified under Parcel No. 20-43-46-04-51-002. 193 Boynton Beach SE 36th Avenue Water Main Phase 2 CGA Proposal for Professional Services Page 3 of 13 I.2 Geotechnical Engineering (by Subconsultant) I.2.1 Geotechnical investigations will evaluate the soil conditions within the Project Limits. It is anticipated that up to three soil borings will be performed up to thirty feet deep each. I.2.2 Results of the Geotechnical work will be issued in an engineering report of findings and will be included for informational purposes to Contractors. The engineering report will include graphic logs of the test borings and a map of their locations. I.3 Utility Locating (by Subconsultant) I.3.1 Ground-penetrating radar (GPR) and active locating will be used to investigate the subsurface utility conditions and assist with determining existing utilities within the Project Limits. Up to 20 test holes will be provided to assist with the design of the proposed improvements. The test holes will help confirm the horizontal and vertical locations of existing utilities and will be incorporated into the design plans. For each test hole performed, a report will be provided that summarizes the type of utility found, size, material, depth from surface, horizontal distance from fixed objects in the field, and pipe direction. I.4 Design I.4.1 Submit an 811 Design Ticket to obtain information on existing infrastructure for the project area. I.4.2 Review any available as-builts, utility letter responses from the 811 Design Ticket, the topographic survey, and the findings from the utility designating. Prepare a topographic and utility base file. I.4.3 Conduct a site visit and document with pictures. I.4.4 Explore alignment and design options for the proposed water main. Prepare conceptual plans of the water main for COBB to review. Discuss with COBB and address any comments prior to refining the plans any further. 194 Boynton Beach SE 36th Avenue Water Main Phase 2 CGA Proposal for Professional Services Page 4 of 13 60% DELIVERABLES II.1 Lay out water main plan and profile views. Also, create Cover Sheet, Legend/Abbreviations, Details, Jack and Bore Plan, Pavement Markings and Signage/Restoration Plans, and Stormwater Pollution Prevention Plans. II.2 Conduct an internal quality assurance/quality control (QA/QC) review. II.3 Prepare a cost estimate. II.4 Submit the 60% plans and cost estimate to COBB for review. Attend a meeting with COBB to review the 60% deliverables. Address questions and comments, as needed. PERMITTING III.1 Prepare and submit permit application packages to the following Agencies to obtain approval to construct the new water main: III.1.1 Florida Department of Health in Palm Beach County – Water Main Extension Permit III.1.2 Florida Department of Transportation – Utility Permit III.1.3 Florida East Coast Railway – Utility Crossing License III.2 Address comments, revise documents, and resubmit as needed. 100% DELIVERABLES IV.1 Prepare 100% plans and technical specifications after permit approvals. CGA shall utilize COBB’s standard utility specifications for the proposed water main. IV.2 Conduct a final internal QA/QC review. IV.3 Prepare a 100% cost estimate. IV.4 Submit 100% plans, technical specifications, and cost estimate to COBB for review. Attend a meeting with COBB to review the 100% deliverables. Address questions, comments, and resubmit revised documents to COBB, as needed. BIDDING SERVICES V.1 Attend a pre-bid meeting. V.2 Address Bidder Requests for Information (RFIs) related to documents prepared by CGA. These include responses to written questions and revised plans or technical 195 Boynton Beach SE 36th Avenue Water Main Phase 2 CGA Proposal for Professional Services Page 5 of 13 specifications, if required. This may also require preparing addenda to the bid documents. V.3 Prepare a bid tabulation summarizing the opened bids for the Bidders. Assist the CITY in determining the apparent lowest, most responsive, and most responsible Bidder. This shall include contacting and verifying Bidder references for the low Bidder. V.4 Prepare a letter summarizing the bid evaluation for the CITY to make a recommendation to Commission for construction contract award. CONSTRUCTION SERVICES VI.1 The scope for construction services includes Phase 1 Water Main and the SE 36th Ave Streetscape projects being constructed under a single contract and the Phase 2 Water Main being awarded under a separate contract. At COBB’s request, the budget for Construction Services shall be separated on the Project Fee Schedule between the Streetscape project and the Water Main projects. VI.2 Attend one preconstruction meeting and monthly construction progress meetings (assumes up to ten total meetings). Meeting agendas and minutes shall be prepared by COBB. VI.3 Review required shop drawing submittals. VI.4 Review and respond to Contractor Requests for Information pertaining to the bid documents. VI.5 Assist COBB in reviewing change order proposals. VI.6 Perform periodic inspections and observation of field/construction activities for compliance with the plans and specifications (total effort based on 10 hours/week for thirty-two weeks of active construction for a total of 320 hours). These hours also include one substantial completion inspection, one final completion inspection, and observations of required field testing. VI.7 Review as-builts provided by the Contractor to determine conformance with the contract documents. VI.8 Submit for permit closeouts once all required documents are provided by the Contractor. ASSUMPTIONS AND EXCLUSIONS VII.1 COBB acknowledges that CGA has no control over costs of labor, materials, competitive bidding environments and procedures, unidentified field conditions, financial and/or market conditions, or other factors likely to affect the cost estimates of this project, all of which are and will unavoidably remain in a state of change, 196 Boynton Beach SE 36th Avenue Water Main Phase 2 CGA Proposal for Professional Services Page 6 of 13 especially considering the high volatility of the market. COBB further acknowledges that this is a “snapshot in time” and that the reliability of cost estimates will inherently degrade over time. VII.2 Should additional construction contract time be required beyond what was assumed herein, it shall warrant additional fees. As requested by COBB, Constructions Services are limited and not full-time. Therefore, it shall be the responsibility of COBB to approve payment application quantities, provide daily reports, and any other tasks that would require full-time inspection services. VII.3 The Subsurface Utility Investigation restoration of test holes only includes backfilling with native soils and asphalt cold patch for the approximate 12-inch-by-12-inch excavations in the roadway. VII.4 Permit application and plan review fees shall be the responsibility of others. VII.5 Maintenance of Traffic (MOT), Traffic Control Plans, or any other plans not specifically listed herein are excluded. VII.6 Specifications shall utilize the Construction Specifications Institute (CSI) 16-division Master Format. VII.7 Bidding services are included but may not be required should COBB execute a change order under the SE 36th Ave Streetscape project for the Contractor to construct the Phase 2 Water Main. If bidding services are not required, COBB will not be billed by CGA for those services. 197 Boynton Beach SE 36th Avenue Water Main Phase 2 CGA Proposal for Professional Services Page 7 of 13 PROJECT FEE SCHEDULE *Each task will be billed on a Lump Sum basis as a percentage of progress. 198 Boynton Beach SE 36th Avenue Water Main Phase 2 CGA Proposal for Professional Services Page 8 of 13 BASIS OF PROPOSAL IX.1 Any opinion of the construction cost prepared by CGA represents its judgment as a design professional and is supplied for the general guidance of COBB since CGA has no control over the cost of labor and material, or over competitive bidding or market conditions. CGA does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to COBB. IX.2 Any outside engineering services, studies, or laboratory testing not specifically mentioned in the proposal will be the responsibility of others. All municipal, permit, and agency fees as well as Title Certificates will be paid by others. IX.3 CGA is performing the consultant services set forth in this proposal strictly as a professional consultant to COBB. Nothing contained in this proposal shall create any contractual relationship between CGA and any contractor or subcontractor performing construction activities on the project, or any of COBB’s other professional consultants. IX.4 CGA shall not be responsible for the contractor’s schedules or failure to carry out the construction in accordance with the construction documents. CGA shall not have control over or charge of acts or omissions of the contractor, subcontractors, or their agents or employees, or of any other persons performing portions of the construction. IX.5 CGA will require that all consultants carry proper insurance, including professional liability insurance, if appropriate. REIMBURSABLE EXPENSES X.1 CGA and its consultants will be reimbursed for the printing of drawings and specifications, deliveries, Federal Express services, required travel time and travel expenses, long distance telephone calls, fax transmittals, postage, fees paid for securing approval of authorities having jurisdiction over the project, renderings, models, and mock-ups required by COBB, as required. Reimbursable expenses will be billed directly to COBB at a multiplier of 1.25. MEETING ATTENDANCE XI.1 Due to the difficulties of predicting the number or duration of meetings, no meetings other than those listed above are included. Preparation for and meeting attendance, as 199 Boynton Beach SE 36th Avenue Water Main Phase 2 CGA Proposal for Professional Services Page 9 of 13 necessary, will be provided on a time and materials basis and will be billed at the standard hourly rates in accordance with the attached Professional Fee Schedule. TERMS OF THE AGREEMENT XII.1 CGA and COBB agree by their signatures on this document that each party will not hire or attempt to hire any staff from the other party while under contract together. XII.2 CGA is preparing and providing drawings, plans, specifications, or other documents as outlined in the proposal for use in this project, based upon design and construction criteria prepared and provided by others, including but not limited to COBB and COBB’s consultants. CGA is not responsible for any errors and omissions in the aforesaid design and construction criteria provided by others. XII.3 COBB agrees to indemnify, hold harmless and, at CGA’s option, defend or pay for an attorney selected by CGA, to defend CGA, its officers, agents, servants, and employees against any and all claims, losses, liabilities, and expenditures of any kind, including attorney fees, any appellate attorney costs, court costs, and expenses, caused by, arising from, or related to any acts, omissions or negligence of COBB or its consultants. XII.4 COBB agrees to limit CGA’s liability for any and all claims that COBB may assert on its own behalf or on behalf of another, including but not limited to claims for breach of contract or breach of warranty, to the amount of fees paid to CGA, pursuant to this Agreement. XII.5 Drawings, specifications, and other documents and electronic data furnished by CGA in connection with this project are instruments of service. All original instruments of service shall be retained by CGA and will remain their property, with all common law, statutory and other reserved rights, including copyright, in those instruments. This information provided in the instruments of service is proprietary and will not be shared with others without prior written consent. COBB may request reproducible copies, and all original documents upon payment of all outstanding invoices, and expenses. XII.6 Invoices for work accomplished to date will be submitted monthly and are payable within thirty (30) days. COBB will pay invoices upon receipt and understands interest charges of 1.5% per month will be applied to any unpaid balance past thirty (30) days. CGA may elect to stop work until payment is received. If work is stopped for thirty (30) days or more, CGA may request compensation for start-up costs when work resumes. XII.7 PURSUANT TO SECTION 558.0035, FLORIDA STATUTES, AN INDIVIDUAL EMPLOYEE OR AGENT OF CALVIN, GIORDANO & ASSOCIATES, INC. MAY NOT BE HELD INDIVIDUALLY LIABLE IN NEGLIGENCE FOR ANY 200 Boynton Beach SE 36th Avenue Water Main Phase 2 CGA Proposal for Professional Services Page 10 of 13 CLAIMS, DAMAGES, LOSSES, OR DISPUTES ARISING OUT OF OR SUBJECT TO THE CONTRACT. XII.8 COBB or their representative shall be available to meet with CGA and provide decisions in a timely manner throughout the course of the project. COBB will provide all plans and other pertinent information, which are necessary for CGA to provide complete professional services as outlined in this proposal. XII.9 The terms of proposal shall be valid for COBB’s acceptance for a period of thirty (30) days from the date of execution by CGA after which time this contract offer becomes null and void if not accepted formally (evidenced by receipt of an executed copy of this document). All rates and fees quoted in this document shall be effective for a period of six (6) months, after which time they may be renegotiated with COBB. MISCELLANEOUS PROVISIONS XIII.1 COBB and CGA, respectively, bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of this Agreement. Neither COBB nor CGA shall assign this Agreement without written consent of the other. XIII.2 This Agreement represents the entire and integrated agreement between COBB and CGA and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both CGA and COBB. XIII.3 Unless otherwise provided, this Agreement shall be governed by the law of the place where the project is located. TERMINATION OF THE AGREEMENT XIV.1 This Agreement may be terminated by either party upon not less than seven (7) days written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. Failure of COBB to make payments to CGA, in accordance with this Agreement, shall be considered substantial nonperformance and cause for termination. XIV.2 In the event of termination in accordance with this Agreement or termination not the fault of CGA, CGA shall be compensated for services properly performed prior to receipt of notice of termination, together with Reimbursable Expenses then due. 201 Boynton Beach SE 36th Avenue Water Main Phase 2 CGA Proposal for Professional Services Page 11 of 13 PROJECT LOCATION EXHIBIT (FEC, FDOT, AND COBB RIGHT-OF-WAY ONLY) 202 Boynton Beach SE 36th Avenue Water Main Phase 2 CGA Proposal for Professional Services Page 12 of 13 PROFESSIONAL FEE SCHEDULE 203 Boynton Beach SE 36th Avenue Water Main Phase 2 CGA Proposal for Professional Services Page 13 of 13 We appreciate the opportunity to submit this proposal. Calvin, Giordano & Associates, Inc. is prepared with the required team to proceed with the proposed scope of services upon receipt of an executed notice-to-proceed and purchase order. Our personnel are committed to completing the project in a timely manner. We look forward to working with you to make this project a success. Respectfully submitted, David Stambaugh, PE Vice President of Professional Services Calvin, Giordano & Associates, Inc. 204 1 RESOLUTION NO. R24-062 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING 5 THE FIRST AMENDMENT TO TASK ORDER NO. UT-2D-05 WITH CALVIN, 6 GIORDANO, & ASSOCIATES, INC., FOR ADDITIONAL PROFESSIONAL 7 ENGINEERING SERVICES REQUIRED FOR THE DESIGN OF A 12" WATER MAIN 8 THE SE 36TH AVE. / GULFSTREAM BLVD. PROJECT IN THE AMOUNT OF 9 52,333.00; AND PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 10 PURPOSES. 11 12 13 WHEREAS, on February 16, 2021, the City Commission approved Task Order UT- 2D -05 14 with Calvin, Giordano, and Associates, Inc., for the engineering design and permitting of the 15 replacement road for SE 36th Ave./Gulfstream Blvd.; and 16 WHEREAS, the First Amendment provides an updated scope of services for the 17 engineering, design, and permitting of SE 36th Ave./Gulfstream Blvd.; and 18 WHEREAS, the engineering design will allow the 12"water main to improve service to the 19 surrounding neighborhoods and to provide service to the Town of Gulfstream; and 20 WHEREAS, the City Commission of the City of Boynton Beach, Florida, deems it to be in 21 the best interests of the citizens and residents of the City of Boynton Beach to approve the First 22 Amendment to Task Order UT-2D-05 with Calvin, Giordano, & Associates, Inc., in the amount of 23 $52,333 for professional engineering services required for the design of a 12" water main for 24 future service to the Town of Gulfstream. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 26 BEACH, FLORIDA, THAT: 27 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 28 being true and correct and are hereby made a specific part of this Resolution upon adoption 29 hereof. 30 SECTION 2. The City Commission hereby approves the First Amendment to Task Order 31 UT-2D-05 with Calvin, Giordano & Associates, Inc. in the amount of $52,333, for professional 32 engineering services required for the design of a 12" water main for future service to the Town of 33 Gulfstream, in form and substance similar to that attached as "Exhibit A," and authorizes the City 205 34 Manager to execute the First Amendment. 35 SECTION 3. The fully executed Amendment shall be retained by the City Clerk as a 36 public record of the City, and a copy shall be provided to Moisey Abdurakhmanov to forward to 37 the vendor. 38 SECTION 4. This Resolution shall take effect as provided by law. 39 PASSED AND ADOPTED this 21st day of May 2024. 40 CITY OF BOYNTON BEACH, FLORIDA 41 42 YES / NO 43 Mayor—Ty Penserga 44 45 Vice Mayor—Aimee Kelley 46 47 Commissioner—Angela Cruz 48 49 Commissioner—Woodrow L. Hay 50 51 Commissioner—Thomas Turkin 52 53 VOTE S-0 54 55 56 57 ATTEST: 58 59 ilL60 61 Maylee De - us, MPA, MC Ty Pens:Fla 62 City Clerk Mayo 63 0VNTO/1j‘`, 64 f rlc..o,P.nAtF•• ., , APPROVED AS TO FORM: 65 (Corporate Seal) 5 t1 A L 1, 66 v ORATED; J. 04#7 ,67 1NCORP sEO92p 68 Shawna G. Lamb 69 FLOR\OP City Attorney 70 206 1 v 111 0 TON efr FIRST AMENDMENT TO TASK ORDER NO. UT-2D-05 WITH CALVIN, GIORDANO &ASSOCIATES, INC. FOR SE 36T"AVENUE WATER MAIN PHASE 1 This First Amendment ("First Amendment") is 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 Avenue, Boynton Beach, FL 33435 ("City"), and Calvin, Giordano & Associates, Inc., a Florida corporation with its principal place of business at 180 Eller Drive, Ste. 600, Fort Lauderdale, FL 33316 Consultant") (each a "Party, and collectively referred to as the "Parties"). RECITALS A. On August 20, 2018, the City and Consultant entered into an Agreement for General Consulting Services ("Agreement"), which authorized the City to issue task orders for projects on an as-needed basis. B. On February 16, 2021, the City Commission approved Task Order UT-2D-05 (the Task Order") for the engineering design and permitting of the replacement road for SE 36th Ave/Gulfstream Blvd. (the "Project"). C. The Parties desire to execute a First Amendment to the Task Order so Consultant can provide additional design phase tasks including permitting, construction drawings, and project management services to City regarding the Project and to adjust the fees; and Now, therefore, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. The above Recitals are true and correct and are incorporated herein by reference. All capitalized terms not expressly defined within this First Amendment shall retain the meaning ascribed to such terms in the Agreement. 2. Except as modified herein, all remaining terms and conditions of the Agreement shall remain in full force and effect. 3. Additional Services. The Scope of Services of the Task Order is hereby amended to provide additional design, permitting, and bid document preparation services for a new 12-inch transmission water main on SE 36th Avenue within the City's right-of-way from Seacrest Boulevard to just west of the FEC Railway, as further detailed in Exhibit A, attached hereto. First Amendment to CGA Task Order for Gulfstream Watermain SRW (2.13.24) Page 1 of 9 207 4. Fee. The fee for the additional services described above in Section 3 shall be Fifty-Two Thousand Three Hundred Thirty-Three Dollars ($52,333.00) with the fee breakdown per task described in Exhibit B, attached hereto. The total Fee to be paid to Consultant under this Task Order is amended to Two Hundred Forty-Nine Thousand Two Hundred Ninety-Five Dollars ($249,295.00). 5. Agreement Reference. This First Amendment shall be performed under the terms and conditions described within the Agreement, as amended. 6. Additional Terms. The following new sections are added to the Agreement and Task Order as follows: Public Entity Crime Act. Consultant represents that it is familiar with the requirements and prohibitions under the Public Entity Crime Act, Section 287.133, Florida Statutes, and represents that its entry into this Agreement will not violate that Act. Consultant further represents that there has been no determination that it committed a "public entity crime" as defined by Section 287.133, Florida Statutes, and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether Consultant has been placed on the convicted vendor list. Discriminatory Vendor and Scrutinized Companies List; Countries of Concern. Consultant represents that it has not been placed on the "discriminatory vendor list" as provided in Section 287.134, Florida Statutes, and that it is not a "scrutinized company" pursuant to Sections 215.473 or 215.4725, Florida Statutes. Consultant represents and certifies that it is not, and for the duration of the term will not be, ineligible to contract with City on any of the grounds stated in Section 287.135, Florida Statutes. Consultant represents that it is, and for the duration of the Agreement Task Order term will remain, in compliance with Section 286.101, Florida Statutes. Verification of Employment Eligibility. Consultant represents that Consultant and each subcontractor have registered with and use the E-Verify system maintained by the United States Department of Homeland Security to verify the work authorization status of all newly hired employees in compliance with the requirements of Section 448.095, Florida Statutes, and that entry into this Agreement will not violate that statute. If Consultant violates this section, City may immediately terminate the Agreement and this Task Order for cause and Consultant shall be liable for all costs incurred by City due to the termination. 7. The Parties acknowledge and agree that the Task Order is governed by the terms and conditions of the Agreement. Accordingly, the following sections are deleted from the Task Order in their entirety: "Reimbursable Expenses," "Meeting Attendance," "Terms of the Agreement," Miscellaneous Provisions," and "Termination of the Agreement." First Amendment to CGA Task Order for Gulfstream Watermain SRW (2.13.24) Page 2 of 9 208 8. In the event of any conflict or ambiguity between this First Amendment,the Task Order, and the Agreement, the Parties agree that this First Amendment shall control. The Agreement, and Task Order, as amended herein by this First Amendment, incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein, and the Parties agree that there are no commitments, agreements, or understandings concerning the subject matter hereof that are not contained in the Agreement, and Task Order, as amended in this First Amendment. Accordingly, the Parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. 9. Preparation of this First Amendment has been a joint effort of the Parties and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the Parties than any other. 10. Consultant acknowledges that through the date this First Amendment is executed by Consultant, Consultant has no claims or disputes against City with respect to any of the matters covered by the Agreement. 11. The effective date of this First Amendment shall be the date of complete execution by the Parties. 12. This First Amendment may be executed in counterparts, whether signed physically or electronically, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same amendment. First Amendment to CGA Task Order for Gulfstream Watermain SRW (2.13.24) Page 3 of 9 209 IN WITNESS WHEREOF, the Parties have executed the Amendment by their duly authorized representatives. CITY OF BOYNTON BEACH CALVIN, GIORDANO : A SSOCIATES, INC. Th______.1/. Daniel Duggera City Manager Jenna M i • ti, PE, Director of Engineering Date: c-la2ADate: ?I?,V Approved as to Form: AA. LA'' , Al•CiZe Shawna G. Lamb,City Attorney NTON\,es,t`‘ k..voRArt..- 11 1O C 1 Att: -d/Authenticated: to , c) `' iF- 5 0 i Il, 11 ':`" ,920 i Maylee De -sus, MMC . y Clerk FLOR P First Amendment to CGA Task Order for Gulfstream Watermain SRW (2.13.24) Page 4 of 9 210 EXHIBIT A SCOPE OF WORK I. 60% DELIVERABLES 1.1 Subsurface Utility Investigation (by Subconsultant) 1.1.1 Up to ten test holes will be provided to assist with the design of the proposed improvements. The test holes will help confirm the horizontal and vertical locations of existing utilities and will be incorporated into the design plans. For each test hole performed, a report will be provided that summarizes the type of utility found, size, material, depth from surface, horizontal distance from fixed objects in the field, and pipe direction. 1.2 Design 1.2.1 Review any available as-builts and the existing topographic survey prepared by others), and the findings from the Subsurface Utility Investigation. 1.2.2 Explore alignment options for an open cut installation of the new water main while taking into account connections to existing water mains on side streets. 1.2.3 Although the scope only includes Phase 1 water main, CGA will explore a few conceptual options for Phase 2 water main and meet with FEC Railway and the Florida Department of Transportation (FDOT) to determine any specific requirements and conditions of crossing their rights-of-way. Attend one field meeting with COBB and one conceptual review meeting for the Phase 2 layout. 1.2.4 Lay out water main plan and profile views on new plan sheets utilizing the same viewport limits as the existing plans. Before refining the details of the new plan and profile views, submit the general water main alignment to COBB for review and comment/approval. 1.2.5 Conduct an internal quality assurance/quality control (QA/QC) review. 1.2.6 Add new line items into the existing cost estimate for the streetscape project for this new water main infrastructure. 1.2.7 Submit the 60% plans and cost estimate to COBB for review. Attend a meeting with COBB to review the 60% deliverables. Address questions and comments, as needed. First Amendment to CGA Task Order for Gulfstream Watermain SRW (2.13.24) Page 5 of 9 211 II. PERMITTING 11.1 Prepare and submit permit application packages to the following Agencies to obtain approval to construct the new water main: 11.1.1 Florida Department of Environmental Protection — Division of Water Resource Management 11.1.2 Palm Beach County Engineering and Public Works— Land Development 11.2 Address comments, revise documents, and resubmit as needed. III. 100%DELIVERABLES III.1 Prepare 100% plans and technical specifications after permit approvals. Specifications shall utilize the Construction Specifications Institute (CSI) 16-division Master Format, and new specifications shall be incorporated into the existing specifications for the streetscape project. CGA shall utilize COBB's standard utility specifications for the proposed water main. III.2 Conduct a final internal QA/QC review. III.3 Prepare a 100%cost estimate. III.4 Submit 100% plans, technical specifications, and cost estimate to COBB for review. Attend a meeting with COBB to review the 100% deliverables. Address questions, comments, and resubmit revised documents to COBB, if needed. IV. ASSUMPTIONS AND EXCLUSIONS IV.1 COBB acknowledges that CGA has no control over costs of labor, materials, competitive bidding environments and procedures, unidentified field conditions, financial and/or market conditions, or other factors likely to affect the cost estimates of this project, all of which are and will unavoidably remain in a state of change, especially in light of the high volatility of the market. COBB further acknowledges that this is a "snapshot in time" and that the reliability of cost estimates will inherently degrade over time. IV.2 The scope specifically excludes permitting within FEC Railway right-of-way or anywhere else outside of the Project Limits. The scope included for preapplication meetings with FDOT and FEC is just to determine a conceptual option for the new water main in Phase 2. IV.3 The Subsurface Utility Investigation restoration of test holes only includes backfilling First Amendment to CGA Task Order for Gulfstream Watermain SRW (2.13.24) Page 6 of 9 212 with native soils and asphalt cold patch for the approximate 12-inch-by-12-inch excavations in the roadway. IV.4 Permit application and plan review fees shall be the responsibility of others. IV.5 Construction Administration services are excluded but can be provided under a separate proposal. IV.6 Maintenance of Traffic (MOT), Traffic Control Plans, or any other plans not specifically listed herein are excluded. IV.7 Bidding services shall be provided under the previously executed contract for the streetscape project since the Phase 1 water main improvements are being incorporated into the streetscape project bid documents. First Amendment to CGA Task Order for Gulfstream Watermain SRW (2.13.24) Page 7 of 9 213 PROJECT LOCATION EXHIBIT(PALM BEACH COUNTY AND BOYNTON BEACH RIGHT-OF-WAY ONLY) COBB SE 36th Ave WM PH1 e ,, : 71110-, : .r` H ' rt r Project Location Exhibit x- Fj f V f n r r-_ 44r6..ma-< ts v' --- *. ; Vsr n ,Pawl § r_ fc 1• 1 k-i _ • il 4:s ..r# I' ii S, a ail:gl -AsPROJECTLIMITS . . f- ' Y I y( j'e't a r y. 1 , 1 4 ` _'I 4' '1. i f 1 }i '`._r r-' _----' M, _ yy` r wr JJ1 " k P two 15titjila, • la, l5 FIleh. rt }, 9"'ir. "Il•` t{-, . 1 . ,. It_Ki • i-b i'.S'.. r yS- . ,. ,L-s' fp t-f_ 4,- k . y y a 1 to- SS t(1'•. / Cp , uY ' r• rn -.P.s k" s' .} s 4; 4. r I._ i 4FFFrie 71k 7a 1 e • ' G . fit` _ E'. ... • R .,,, i. ,,_....,.________„_ ___„... e. ii. • . itt 1,'Nr-. ..:. '!",1 lk...._'' 7 ry r I az. `/ R4ia., .0":. to >ti r 1 6,14i4-11 Pli tivio"N et... firg: c 4 r aura:-_f J - First Amendment to CGA Task Order for Gulfstream Watermain SRW(2.13.24) Page 8 of 9 214 EXHIBIT B FEES Civil Engineering Subconsultants abor Category Clerical/ SUE Project Manager Engineer CADD Technician Administrative US Potholing) Tcent Utilization 50.8% 8.1% 20.1% 0.6% CGA 24.5% bor Rate with 200.00 137.00 100.00 79.00 Hours Cost ultiplier Sub- I Sub- Sub- Sub- Subtot Task Task Name Hours total ($)Hours total Hours total Hours total al umber 1 1 60% 75.0 15,000.00 9.0 $1,233.00 83.0 $8,300.00 0.0 0.00 167.0 $10,670.00 $35,203.00 Deliverables 2 Permitting 30.0 6,000.00 6.0 $822.00 12.0 $1,200.00 4.0 $316.00 52.0 0.00 8,338.00 100% 3 Deliverables 28.0 5,600.00 16.0 $2,192.00 10.0 $1,000.00 0.0 0.00 54.0 0.00 8,792.00 TOTAL 133.0 26,600.00 31.0 $4,247.00 105.0 $10,500.00 4.0 $316.00 273.0 $10,670.00 $52,333.00 Each task will be billed on a Lump Sum basis as a percentage of progress. First Amendment to CGA Task Order for Gulfstream Watermain SRW (2.13.24) Page 9 of 9 215 February 8, 2021 Mr. Gary Dunmyer, MBA, PE, GC City Engineer City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 RE: SE 36th Avenue Streetscape Improvements CGA Proposal No. 20-4088 City Task Order No. UT2D05 Dear Mr. Dunmyer, Calvin, Giordano & Associates, Inc. (CGA) is pleased to submit this proposal to the City of Boynton Beach (CITY) for Professional Services on the above referenced project located in the Palm Beach County. The scope of this project includes roadway improvements to SE 36th Avenue from Seacrest Boulevard to the west side of the FEC Railroad Tracks and Right of Way (R/W). The project falls within the limits of the City of Boynton Beach and the City of Delray Beach. Although the requested improvements within their respective right of ways may vary and the cost estimate will be split, this proposal only includes one set of construction plans for the improvements. The project includes services for civil engineering, photometrics, landscape architecture, geotechnical engineering, subsurface utility exploration services for the design, permitting and bidding phases of the project. CGA will specify environmentally friendly dark-sky LED luminaires for the photometric design, using FPL poles and lights, to minimize energy consumption and maintenance. Construction phase services are not included but can be provided in a separate proposal. The specific scope of professional services is detailed below. I.PROFESSIONAL SERVICES 1.TASK 1 – DATA COLLECTION, TYPICAL SECTION DEVELOPMENT, AND INITIAL PUBLIC OUTREACH A.CIVIL ENGINEERING 216 February 8, 2021 Page 2 of 17 •Utility Coordination -Create an 811 Design Ticket, submit Utility Request Letters to applicable utility owners (UOs), create a matrix for tracking, and input utility information into AutoCAD. -Subsurface Utility Engineering (SUE) Quality Levels (QL) A through D shall be provided for this project in accordance with ASCE “Standard Guidelines for the Collection and Depiction of Existing Subsurface Utility Data”. Subconsultant services to complete the SUE are described in Task 2. •Data Collection and Evaluation -Perform site visit of the corridor to understand existing conditions and site constraints, gather existing permits and historical information from both cities, and meet with city staff to confirm project goals and schedule. -Correspond with FEC but no work is anticipated in their R/W and, therefore, no permit will be required. -Coordinate with Palm Beach County Traffic to discuss the existing loop detectors needing replacement at the west end of the corridor. •Typical Section Development -Evaluation of the corridor to develop typical sections that fit within available right of way (R/W) and fit the goals of the project. -Prepare up to three (3) typical section alternatives with a high level of magnitude engineer's opinion of probable cost for each. The costs shall be divided by the respective City's Right of Way (R/W) improvements. •Initial Public Outreach -Prepare for and attend one meeting with stakeholders to gain feedback on the typical sections. •Finalize one typical section and submit to CITY for review and written approval prior to any plan production or releasing subconsultants to begin their scope of work. B.ELECTRICAL ENGINEERING •Data Collection and Evaluation -Provide field visit to review existing lighting pole locations and existing service points for light poles and irrigation system. -Contact the owner of the existing lights to obtain information of the type of light, wattage, and lighting distribution for the preparation of the photometric street plan. 217 February 8, 2021 Page 3 of 17 -Prepare a photometric street plan implementing existing lighting pole locations and type of light source used. -Present existing photometric street plan lighting level conditions and report evaluating of the exiting conditions to the City of Boynton Beach and City of Delray Beach for review and comments. -Provide one meeting with the City of Boynton Beach personnel to review existing conditions, obtain the CITY’s street lighting requirements and evaluate CITY’s need. -Provide one meeting with the City of Delray Beach personnel to review existing conditions, obtain their street lighting requirements and evaluate their needs. C.LANDSCAPE ARCHITECTURE •Perform site visit of the corridor to understand the existing conditions and site constraints and meet with CITY staff. •This proposal includes utilizing the survey provided by the CITY for the right of way and providing identification of existing trees and palms, providing the Scientific and Common names of the existing trees and palms, the Diameter at Breast Height, estimated height and spread and condition of specimens. The Disposition of the existing trees and palms shall be included in this assessment. o Please note that the survey information that missing on the current survey are spot elevations at the base of each existing tree. This is essential for us to protect the root zone of the existing trees in the median as the roots cannot be cut to any degree without jeopardizing the health of these trees. We would request that the CITY provide this as additional information to the survey for this project. •Provide color renderings of the typical sections as needed for the Public Participation for the project. 2.TASK 2 – PRELIMINARY DESIGN A.CIVIL ENGINEERING •Prepare 30% plans to include the cover sheet and preliminary layout of the corridor. •Perform a drainage evaluation of the corridor and provide recommendations to the City of Delray Beach and Boynton Beach. Since there are different 218 February 8, 2021 Page 4 of 17 requirements and preferences for each right-of- way owner, two sets of drainage calculations will be required. •Update the engineer's opinion of probable cost for the 30% layout. •Attend and prepare meeting minutes for a public meeting at the 30% design phase. •Conduct a meeting with the CITY to confirm the alignment and proposed improvements prior to proceeding to 60% plans. •Pre-application meetings with the permitting agencies listed in Task 3. •Sub-Consultant to perform utility potholes throughout the project corridor. Twenty (20) soft digs are anticipated and are included in this proposal as well as a report of findings. An additional service agreement shall be required if more than twenty (20) soft digs are required. •Sub-Consultant to perform a Geotechnical Investigation including (3) Standard Penetration Tests (SPTs) to a depth of 20', and six (6) pavement cores, and two (2) open hole exfiltration tests to understand existing pavement condition and subsurface characteristics. The Geotechnical Report will include results of the testing, recommendation for pipe and structure bedding, hydraulic conductivity, and pavement analysis and recommendations. •Prepare 60% plans for roadway improvements including Paving, Grading & Drainage Plans; Pavement Marking and Signage Plans; Cross Sections every 100 ft; SWPPP Plans; Details and General Notes. •Prepare drainage calculations and report. •Update the engineer's opinion of probable costs for the 60% design plans. •Attend One (1) meeting with CITY staff to discuss 60% plans and cost estimate. •Conduct QA/QC for the 60% plan documents consisting of a multidisciplinary peer review and a constructability review. •Attend and prepare meeting minutes for a public meeting at the 60% design phase. B.ELECTRICAL ENGINEERING •Prepare 60% roadway photometric plans as per meetings with the City of Boynton Beach and City of Delray Beach. •Provide one meeting with the City of Boynton Beach personnel and one meeting with the City of Delray Beach personnel to review the proposed photometric 219 February 8, 2021 Page 5 of 17 street plan. •Adjust photometric street plan as per each city’s comments. •Provide revised photometric street plan to the CITY for final approval. •CGA will provide no more than two rounds of revised photometric street plans for final approval. •Prepare 60% plans indicating electrical distribution design and electrical point of services for the irrigation system. •Prepare cost estimates for the City of Boynton Beach and for the City of Delray Beach. C.LANDSCAPE ARCHITECTURE •Provide one plan view color rendering of the proposed roadway design for the Public Participation meeting. •Prepare 60% plans for roadway improvements including Tree Disposition Plans and Details, Planting Plans and Preliminary Irrigation Plans, Planting Notes and Details and Irrigation Notes and Details. •CGA will work with CITY staff regarding the proposed Landscape Architectural plans to ensure that the direction meets with their approval. •Provide 60% construction estimates. •One (1) meeting with CITY staff to discuss 60% plans and cost estimate. •Attend two public participation meetings (30% plan meeting and 60% plan meeting) D.DELIVERABLES: Submit 60% plan pdf's and cost estimates to CITY for review. 3.TASK 3 – PERMITTING/90% PLANS PRODUCTION A.CIVIL ENGINEERING •Revise plans per CITY's comments from the 60% Plans Production review. Fee includes responding and addressing comments. •Submit plans to the following agencies for permits: 220 February 8, 2021 Page 6 of 17 -South Florida Water Management District (SFWMD) •Prepare 90% plans for roadway improvements including Paving, Grading & Drainage Plans; Cross Sections every 100 ft; Pavement Marking and Signage Plans; SWPPP Plans; Details and General Notes. •Prepare 90% construction cost. •Prepare Technical Specifications. It is our understanding that the CITY will prepare and provide their own Front-End Specifications for this project. •Conduct QA/QC for the 90% documents consisting of a multidisciplinary peer review and a constructability review. •Attend One (1) meeting with CITY staff to discuss 90% plans, technical specifications and cost estimate. •Attend and prepare meeting minutes for a public meeting at the 90% design phase. B.ELECTRICAL ENGINEERING •Prepare plans incorporating CITY’s 60% plan production comments. •Prepare Technical Specifications for electrical scope of work. •Revise cost estimates as required per CITY’s 60% plan production comments. •Provide a dry run to each CITY building department for review and comments. C.LANDSCAPE ARCHITECTURE •Revise plans per CITY's comments from the 60% Plans Production review. Fee includes responding and addressing comments. •Prepare 90% plans for roadway improvements including revising plans per base changes typically necessary through the plans production process. This will require revision time to modify the Tree Disposition, Planting Plans and Irrigation Plans. •Prepare 90% construction cost estimates for the landscape architectural scope of services. •Prepare Technical Specifications. It is our understanding that the CITY will prepare and provide their own Front-End Specifications for this project. •One (1) meeting with CITY staff to discuss 90% plans, technical specifications 221 February 8, 2021 Page 7 of 17 and cost estimate. •Attend one (1) public participation meeting for the 90% plans. D.DELIVERABLES: Submit PDF's f plans and cost estimate to CITY for review. 4.TASK 4 – FINAL PLANS AND BID DOCUMENTS A.CIVIL ENGINEERING •Revise plans per CITY's comments from the 90% Plans Production review. Fee includes responding and addressing comments. •Prepare 100% plans for roadway improvements including Paving, Grading & Drainage Plans; Pavement Marking and Signage Plans; SWPPP Plans; Details and General Notes. •Prepare 100% construction cost. •Prepare 100% Technical Specifications. •Conduct QA/QC for the Bid documents consisting of a multidisciplinary peer review and a constructability review. B.ELECTRICAL ENGINEERING •Revised plans and cost estimates per CITY’s and building department comments. •Prepare 100% technical specifications, photometric plans, and electrical plans for the irrigation system service. C.LANDSCAPE ARCHITECTURE •Revise plans per CITY's comments from the 90% Plans Production review. Fee includes responding and addressing comments. •Prepare 100% plans for roadway improvements including revising plans per base changes typically necessary through the plans production process. This will require revision time to modify the Tree Disposition, Planting Plans and Irrigation Plans. Provide final Irrigation Plans for project. •Prepare 100% construction cost estimate. •Prepare 100% Technical Specifications. 222 February 8, 2021 Page 8 of 17 D.DELIVERABLES: Submit PDF's of plans and cost estimate to CITY for bidding. 5.TASK 5 – BIDDING ASSISTANCE A.Bidding services are based on the available budget and may not be needed. A confirmation of sufficient scope will be confirmed prior to moving forward. B.CIVIL ENGINEERING, ELECTRICAL ENGINEERING, LANDSCAPE ARCHITECTURE •Attendance by the engineering of record (EOR) to the pre-bid meeting. It is anticipated that CITY staff will conduct the pre-bid meeting and prepare meeting minutes. •Address bidder RFI's and revise plans during bidding, as required. •The City will perform the review and evaluation of bids received; these services are not included. 6.TASK 6 – PROJECT MANAGEMENT •CGA shall provide project management and coordination services throughout the design and permitting process. This includes the following: -A Project Control System, which provides the planning, monitoring, analyzing, and reporting of project progress through schedule updates, scope changes, budget control, and risk management. -Coordination of the design team, subconsultant deliverables, adherence of design to the CITY’s goals and objectives, and interactions with CITY Staff. -Prompt resolutions of issues that may arise during the design or permitting process. Status updates shall be submitted to the CITY at key milestones, indicating percent complete for each task. -Attendance of meetings and presentations including a kick- off meeting to confirm CITY’s goals and objectives for the project. Preparation of an agenda and meeting minutes. -Coordination with local utility companies regarding the project schedule and obtaining utilities schedules for CITY’s coordination. -Quality Assurance/Quality Control - Review of the contract documents prior 223 February 8, 2021 Page 9 of 17 to each phase submittal through internal disciplinary review, interdisciplinary reviews and cross-checking, constructability review prior to the 60% design and 100% permit review, as well an in-house review by a professional not directly involved with the project. 7.ASSUMPTIONS AND EXCLUSIONS The only services included in this contract are those specifically identified above. An Additional Services Agreement (ASA) shall be required if additional services are requested by the CITY. The following are assumptions and exclusions for this contract: •Assumptions: -All contract and bid documents will be submitted electronically for the whole corridor. No hard copies will be submitted. -This project is not going to be LAP funded. If this changes, an ASA shall be required due to the additional requirements for LAP funded projects. -The City shall provide an AutoCAD file of a recent survey of the corridor with enough information to evaluate the corridor and design the plans. The City shall also provide a S&S survey for submittal to the permitting agencies. -Attendance of three (3) public or community meetings (30%, 60% & 90%) is included. Attendance at additional meetings can be billed at the contracted hourly rates. -The limits of work are on SW 36th Ave and will not extend into Seacrest Blvd or FEC R/W. -If the project is put on hold or “shelved”, a new agreement may be required to re-start the plans. -Electrical street lighting design and construction documents shall be provided by FPL. •Exclusions: -No work in FEC R/W and therefore no FEC permitting. -No mast arm upgrades or traffic studies, including pedestrian study for mid- block crossing justification. If needed, these items would be an ASA. -No utility plans for water or sewer upgrades or replacements. -No Maintenance of Traffic Plans 224 February 8, 2021 Page 10 of 17 -Structural engineering documents and calculations are excluded. -Construction phase services are not included. -Electrical street lighting design and construction documents. BASIS OF PROPOSAL •Any opinion of the construction cost prepared by Calvin, Giordano & Associates, Inc. represents its judgment as a design professional and is supplied for the general guidance of the CLIENT since Calvin, Giordano & Associates, Inc. has no control over the cost of labor and material, or over competitive bidding or market conditions. Calvin, Giordano & Associates, Inc. does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to the CLIENT. •Any outside engineering services, studies, or laboratory testing not specifically mentioned in the Scope of Services will be the responsibility of the CLIENT. All municipal, permit, and agency fees as well as Title Certificates will be paid by the CLIENT. •Basic services outlined within this proposal shall be considered complete when the project plans are submitted to the regulatory agencies for Certification. •Calvin, Giordano & Associates, Inc. is performing the consultant services set forth in this Agreement strictly as a professional consultant to CLIENT. Nothing contained in this Agreement shall create any contractual relationship between Calvin, Giordano & Associates, Inc. and any contractor or subcontractor performing construction activities on the project, or any of CLIENT’s other professional consultants. •Calvin, Giordano & Associates, Inc. shall not be responsible for the contractor’s schedules or failure to carry out the construction in accordance with the construction documents. Calvin, Giordano & Associates, Inc. shall not have control over or charge of acts or omissions of the contractor, subcontractors, or their agents or employees, or of any other persons performing portions of the construction. •Calvin, Giordano & Associates, Inc. will require that all consultants carry proper insurance, including professional liability insurance, if appropriate. •Permit construction certification will include one partial and one final inspection. •Only meetings specifically noted in the fee proposal are included in this proposal. If additional meetings beyond those mentioned are required, they shall be bill at the attached hourly rates. 225 February 8, 2021 Page 11 of 17 ADDITIONAL FEES The following services are NOT included in this proposal and will be considered Additional Services, which will be addressed in a separate contractual agreement. The services include but are not limited to: •Architectural, structural (i.e., retaining walls, bridges, docks), mechanical (i.e., fire pumps), fire protection, geotechnical and testing, environmental assessment, power, gas, telephone, cable television, site lighting services. •Calculations of off-site flood stages. •Construction quality control inspections. •Off-site engineering and negotiations for off-site easements, if required (other than as specified in the Scope of Services). •Permit application or negotiation with permitting authorities other than those specifically listed herein. •Preparation of construction contract documents, other than drawings and technical specifications (e.g., bid schedule, project manual). •Professional land surveying not included in the scope of services (i.e., buried utility investigation, easement research, condominium documents, project stake- out and as- built drawings). •Professional services required due to conditions different from those itemized under the Scope of Services or due to events beyond the control of Calvin, Giordano & Associates, Inc. •Professional services required, due to changes in the site plan initiated by the CLIENT, their representatives or other consultants (e.g., architects, landscape architects, etc.) after either design or preparation of the construction drawings has commenced. •Updated boundary survey, site evaluation or closing assistance work, unless specified above. REIMBURSABLE EXPENSES Calvin, Giordano & Associates, Inc. and its consultants will be reimbursed for the printing of drawings and specifications, deliveries, Federal Express services, required travel time and travel expenses, long distance telephone calls, fax transmittals, postage, fees paid for securing approval of authorities having jurisdiction over the project, renderings, models and mock-ups required by CLIENT, as required. Reimbursable expenses and sub-consultant invoices will be billed directly to the CLIENT at a multiplier of 1.25. 226 February 8, 2021 Page 12 of 17 MEETING ATTENDANCE Due to the difficulties of predicting the number or duration of meetings, no meetings other than those listed above, are included in the Schedule of Fees shown below. Preparation for and meeting attendance, as necessary, will be provided on a time and materials basis and will be billed at the standard hourly rates in accordance with the attached Hourly Rate Schedule. FEES Calvin, Giordano & Associates, Inc. will perform the Scope of Services for a lump sum fee as shown in the table below: COST BREAKDOWN BY TASK Discipline Cost Task 1 - Data Collection, Typical Section Development, and Initial Public Outreach Civil $15,910 Electrical $6,080 Landscape Architecture $9,600 Total Task 1 = $31,590 Task 2 - Preliminary Design Civil $43,015 Electrical $20,255 Landscape Architecture $4,410 Geotechnical Investigation $12,612 Subsurface Utility Exploration $9,700 Total Task 2 = $89,992 Task 3 - Permitting/90% Plans Production Civil $23,925 Electrical $6,410 Landscape Architecture $8,000 Total Task 3 = $38,335 Task 4 - Final Plans and Bid Documents Civil $10,090 Electrical $4,320 Landscape Architecture $3,760 Total Task 4 = $18,170 Task 5 - Bidding Assistance Civil $2,645 Electrical $570 Landscape Architecture $460 Total Task 5 = $3,675 Task 6 - Project Management Civil $15,200 Total Task 6 = $15,200 Total Proposal Fee = $196,962.00 227 February 8, 2021 Page 13 of 17 TERMS OF THE AGREEMENT •All aspects of GIS data development created by Calvin, Giordano & Associates, Inc., will be property of the CLIENT and will be given to the CLIENT at time of project completion. •Calvin, Giordano & Associates, Inc. and the CLIENT agree by their signatures on this document that each party will not hire or attempt to hire any staff from the other party while under contract together. •Calvin, Giordano & Associates, Inc. is preparing and providing drawings, plans, specifications and other documents as outlined in the scope of services for this Agreement for use in the construction of this project, based upon design and construction criteria prepared and provided by others, including but not limited to the CLIENT and CLIENT’s consultants. Calvin, Giordano & Associates, Inc. is not responsible for any errors and omissions in the aforesaid design and construction criteria provided by others. •CLIENT agrees to indemnify, hold harmless and, at Calvin, Giordano & Associates, Inc.’s option, defend or pay for an attorney selected by Calvin, Giordano & Associates, Inc., to defend Calvin, Giordano & Associates, Inc., its officers, agents, servants, and employees against any and all claims, losses, liabilities, and expenditures of any kind, including attorney fees, any appellate attorney costs, court costs, and expenses, caused by, arising from, or related to any acts, omissions or negligence of CLIENT or its consultants. •CLIENT agrees to limit Calvin, Giordano, & Associates, Inc.’s liability for any and all claims that CLIENT may assert on its own behalf or on behalf of another, including but not limited to claims for breach of contract or breach of warranty, to the amount of fees paid to Calvin, Giordano & Associates, Inc., pursuant to this Agreement. •Drawings, specifications, and other documents and electronic data furnished by Calvin, Giordano & Associates, Inc. in connection with this project are instruments of service. All original instruments of service shall be retained by Calvin, Giordano & Associates, Inc. and will remain their property, with all common law, statutory and other reserved rights, including copyright, in those instruments. This information provided in the instruments of service is proprietary and will not be shared with others without prior written consent. The CLIENT may request reproducible copies, and all original documents upon payment of all outstanding invoices, and expenses. •In the event of termination in accordance with this Agreement or termination not the fault of Calvin, Giordano & Associates, Inc., Calvin, Giordano & Associates, Inc. shall be compensated for services properly performed prior to receipt of notice of termination, together with Reimbursable Expenses then due. •Invoices for work accomplished to date will be submitted monthly and are payable within thirty (30) days. The CLIENT will pay invoices upon receipt and understands interest charges of 1.5% per month will be applied to any unpaid balance past thirty (30) days. Calvin, Giordano & Associates, Inc. may elect to stop work until payment is received. If work is stopped for thirty (30) days or more, Calvin, Giordano & Associates,228 February 8, 2021 Page 14 of 17 Inc. may request compensation for start-up costs when work resumes. •PURSUANT TO SECTION 558.0035, FLORIDA STATUTES, AN INDIVIDUAL EMPLOYEE OR AGENT OF CALVIN, GIORDANO & ASSOCIATES, INC. MAY NOT BE HELD INDIVIDUALLY LIABLE IN NEGLIGENCE FOR ANY CLAIMS, DAMAGES, LOSSES, OR DISPUTES ARISING OUT OF OR SUBJECT TO THE CONTRACT. •The CLIENT or their representative shall be available to meet with Calvin, Giordano & Associates, Inc. and provide decisions in a timely manner throughout the course of the project. The CLIENT will provide all plans and other pertinent information, which are necessary for Calvin, Giordano & Associates, Inc. to provide complete professional services as outlined in this contract. •The terms of Agreement shall be valid for the Client’s acceptance for a period of thirty (30) days from the date of execution by Calvin, Giordano & Associates, Inc. after which time this contract offer becomes null and void if not accepted formally (evidenced by receipt of an executed copy of this document). All rates and fees quoted in this document shall be effective for a period of six (6) months, after which time they may be renegotiated with the CLIENT. •This Agreement may be terminated by either party upon not less than seven (7) days written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. Failure of CLIENT to make payments to Calvin, Giordano & Associates, Inc., in accordance with this Agreement, shall be considered substantial nonperformance and cause for termination. MISCELLANEOUS PROVISIONS •CLIENT and Calvin, Giordano & Associates, Inc., respectively, bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of this Agreement. Neither CLIENT nor Calvin, Giordano & Associates, Inc. shall assign this Agreement without written consent of the other. •This Agreement represents the entire and integrated agreement between the CLIENT and Calvin, Giordano & Associates, Inc. and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Calvin, Giordano & Associates, Inc. and the CLIENT. •Unless otherwise provided, this Agreement shall be governed by the law of the place where the project is located. 229 February 8, 2021 Page 15 of 17 TERMINATION OF THE AGREEMENT •This Agreement may be terminated by either party upon not less than seven (7) days written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. Failure of CLIENT to make payments to Calvin, Giordano & Associates, Inc., in accordance with this Agreement, shall be considered substantial nonperformance and cause for termination. •In the event of termination in accordance with this Agreement or termination not the fault of Calvin, Giordano & Associates, Inc., Calvin, Giordano & Associates, Inc. shall be compensated for services properly performed prior to receipt of notice of termination, together with Reimbursable Expenses then due. We appreciate the opportunity to submit this proposal. Calvin, Giordano & Associates, Inc. is prepared with the necessary manpower to proceed with the proposed scope of services upon receipt of the executed authorization. Our personnel are committed to completing the project in a timely manner. Please indicate your acceptance of this proposal by signing below and returning one executed copy of the contract to this office. We look forward to working with you in making this project a success. Sincerely, CALVIN, GIORDANO & ASSOCIATES, INC. Chris Giordano Vice President 230 February 8, 2021 Page 16 of 17 ACCEPTANCE OF CONTRACT CALVIN, GIORDANO & ASSOCIATES, INC. By: Date: Name: Chris Giordano Title: Vice President By: Date: Name: Mr. Gary Dunmyer, MBA, PE, GC Title: City Engineer Cost of these services are $196,962.00 plus hourly as noted in fee breakdown. 231 February 8, 2021 Page 17 of 17 COST BREAKDOWN BY PERSONNEL Civil Engineering Personnel Classification Hourly Rate Total Hours Total Cost Principal $215 21 $4,515 Project Manager $190 380 $72,200 Engineer $130 12 $1,560 Engineering Technician $115 34 $3,910 CADD Technician $95 290 $27,550 Clerical $75 14 $1,050 Total Civil = $110,785 Electrical Engineering Personnel Classification Hourly Rate Total Hours Total Cost Project Manager $190 150 $28,500 Engineer $130 14 $1,820 CADD Technician $95 77 $7,315 Total Electrical = $37,635 Landscape Architecture Personnel Classification Hourly Rate Total Hours Total Cost Associate Landscape Architect $165 18 $2,970 Environmental Specialist $125 8 $1,000 Landscape Architect $115 182 $20,930 CADD Technician $95 14 $1,330 Total Landscape Architecture = $26,230 Geotechnical Investigation Total = $12,612 Subsurface Utility Exploration Total = $9,700 Total Proposal Fee = $196,962.00 232 233 234 235 236 237 238 239 240 241 City of Boynton Beach Agenda Item Request Form 7.B Consent Bids and Purchases over $100,000 11/ 4/2024 Meeting Date: 11/ 4/2024 Proposed Resolution No. R24-273- Approve the Piggyback Agreement with RSC Insurance Brokerage, Inc., d/b/a Risk Strategies Company (including its division, Gehring Group), for broker services for casualty and excess insurance services an annual amount not to exceed $2,700,000. Requested Action: Staff recommends approval of Proposed Resolution No. R24-273. Explanation of Request: The Piggyback agreement allows the City to continue broker services with Gehring group who manage the review of the market, negotiates premium costs, and recommends carriers for select policy coverages requested by the City. The Risk Management Division is seeking consent to piggyback this contract and establish an agreement with Gehring Group Inc. for the broker services of our insurance policies. The initial term would be in effect until April 22, 2025, with two (2) one- year renewal options. Gehring Group has agreed to allow the City to piggyback the Boca contract with a reduced commission percentage, which is in the best interests of the City. How will this affect city programs or services? Approval will allow the City to continue with policy coverage for PGIT and other carriers who require a broker to be in place for municipalities to purchase their coverages. Fiscal Impact: The City and Gehring Group have negotiated contract price terms lower than the original contract. The City's agreement would offer Gehring Group a 7% commission fee for the policies purchased through Gehring Group's services. The annual amount not to exceed is inclusive of the price of the policies the City carries and commission fees. This is a budgeted item. Attachments: R24-273 Agenda_Item_2270-2023_Resolution_for_Gehring_Group_Piggyback_Agmt.docx Exhibit A to Resolution - signed Piggyback agmt Exhibit A to Piggyback Agmt - Boca Backup.pdf 051-2021 The Gehring Group.pdf Gehring Group Boca Raton PC RFP RESPONSE (2).pdf 242 RESOLUTION NO. R24-2731 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, APPROVING A PIGGYBACK AGREEMENT WITH RSC 4 INSURANCE BROKERAGE, INC., D/B/A RISK STRATEGIES COMPANY5 (INCLUDING ITS DIVISION, GEHRING GROUP), FOR BROKER SERVICES 6 FOR CASUALTY AND EXCESS INSURANCE SERVICES FOR AN ANNUAL 7 AMOUNT NOT TO EXCEED $2,700,000.00; AND FOR ALL OTHER 8 PURPOSES. 9 10 WHEREAS, on April 23, 2024, the City of Boca Raton entered into an Agreement with the 11 Gehring Group, Inc. (“Vendor”) for broker services for casualty and excess insurance services 12 (“Services”); and13 WHEREAS, the Vendor was acquired on January 1, 2022, by RSC Insurance Brokerage, Inc. 14 d/b/a Risk Strategies Company, wherein the Vendor became a division of RSC Insurance 15 Brokerage, Inc.; and 16 WHEREAS, the City desires to obtain the Services from Vendor; and17 WHEREAS, the City’s Purchasing Policy Section X – Alternatives to Formal Sealed Bids, 18 provides authority for the City to acquire or contract for services without utilizing a sealed 19 competitive method or the written quotations methods where the desired services are the subject 20 of an agreement that utilizes another government entity’s contract, provided that the contract 21 was awarded based strictly on competitive bidding; and22 WHEREAS, the City and Vendor have agreed to allow the City to piggyback the Boca Raton 23 Agreement; 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 Piggyback Agreement with RSC 26 Insurance Brokerage, Inc. d/b/a Risk Strategies Company (including its division, Gehring Group) 27 for broker services for casualty and excess insurance services an annual amount not to exceed 28 $2,700,000.00.29 30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 31 BEACH, FLORIDA, THAT:32 SECTION 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 33 243 being true and correct and are hereby made a specific part of this Resolution upon adoption.34 SECTION 2.The City Commission of the City of Boynton Beach, Florida, does hereby 35 approve a Piggyback Agreement between the City and RSC Insurance Brokerage, Inc., d/b/a Risk 36 Strategies Company (including its division, Gehring Group), for broker services for casualty and 37 excess insurance services for an annual amount not to exceed $2,700,000.00 (the “Piggyback 38 Agreement”), in form and substance similar to that attached as “Exhibit A.“39 SECTION 3.The City Commission of the City of Boynton Beach, Florida, hereby 40 authorizes the Mayor to execute the Piggyback Agreement. The Mayor is further authorized to 41 execute any ancillary documents as may be necessary to accomplish the purpose of this 42 Resolution.43 SECTION 4.The City Clerk shall retain the fully executed Piggyback Agreement as a 44 public record of the City. A copy of the fully executed Piggyback Agreement shall be provided to 45 Morgan Chaloupka to forward to the Vendor.46 SECTION 5.This Resolution shall take effect in accordance with law.47 [signatures on the following page]48 49 244 PASSED AND ADOPTED this ______________ day of ______________________________ 2024.50 CITY OF BOYNTON BEACH, FLORIDA51 YES NO52 Mayor – Ty Penserga __________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 ___________________________________________________________66 Maylee De Jesús, MPA, MMC Ty Penserga67 City Clerk Mayor68 69 APPROVED AS TO FORM:70 (Corporate Seal)71 72 _______________________________73 Shawna G. Lamb74 City Attorney75 245 Piggyback Contract - Gehring Group 1 PIGGYBACK AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND RSC INSURANCE BROKERAGE, INC. D/B/A RISK STRATEGIES This Piggyback Agreement is made as of this __ day of October, 2024, by and between RSC Insurance Brokerage, Inc. d/b/a Risk Strategies Company (including its division, Gehring Group), a Delware corporation with a principal address of 3500 Kyoto Gardens Drive, Palm Beach Gardens, FL 33410, 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 April 23, 2024, the City of Boca Raton entered into an Agreement (“Master Agreement”) with the Gehring Group, Inc. (“Vendor”) for the purpose of broker services for casualty and excess insurance services (“Services”); and WHEREAS, The Gehring Group, Inc. (“Vendor”) was acquired on January 1, 2022, by RSC Insurance Brokerage, Inc. d/b/a Risk Strategies Company wherein Vendor became a division of RSC Insurance Brokerage, Inc. WHEREAS, the City desires to obtain the Services from Vendor; 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, the City and Vendor have agreed to allow the City to piggyback the Master Agreement, a copy of which is attached as Exhibit A. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT 1.The foregoing recitals are true and correct and are hereby incorporated into this Agreement. 2.TERM: The term of this Agreement commences on October ___, 2024, and will remain in effect until April 22, 2025, with two (2) one-year renewal options (“Term”). The Mayor is authorized to execute amendments to renew the Agreement on behalf of the City. The 246 Piggyback Contract - Gehring Group 2 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 Services to the City on the same terms and in the same manner as set forth in the Master Agreement, except as otherwise provided herein. Vendor hereby agrees to modify the Compensation for Services under Attachment B of the Master Agreement to provide that the City shall be charged a reduced rate of 7% for the “Fee for Policies not listed on Attachment C.” Vendor shall procure coverage for the City in the amounts set forth in Exhibit B (“Fee Schedule”) hereto, which replaces Attachment C of the Master Agreement. 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 Boca Raton” are hereby replaced with the “City of Boynton Beach.” The City shall compensate Vendor pursuant to the rates set forth in the Master Agreement in an annual amount not to exceed $2,700,000.00. The parties agree that any papers, records, disks, documents, drawings or other information referenced in Articles 10 and 18 of the Master Agreement (the “Records”) which is to become the property of the City shall be solely limited to Records specifically prepared by Vendor for the City. 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 Copy: RSC Insurance Brokerage, Inc. d/b/a Risk Strategies Company Attn.: Legal Department 160 Federal Street, 4th Floor Boston, MA 02110 Telephone: (561) 626-6797 / Facsimile: (561) 626-6970 5.INVOICES AND PAYMENT: Invoices must identify the PO number and should be mailed to: 247 Piggyback Contract - Gehring Group 3 City of Boynton Beach Division Director, Risk Management Attn: Morgan Chaloupka P.O. Box 310 Boynton Beach, FL 33425 Invoices shall show the nature of the service and dates(s) of service, policies procured, and commissions owed. 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, 248 Piggyback Contract - Gehring Group 4 Vendor shall destroy all copies of such confidential and exempt records remaining in its possession once the Vendor transfers the records in its possession to the City; and D. Upon completion of the contract, Vendor shall transfer to the City, at no cost to the City, all public records in Vendor’s possession All records stored electronically by Vendor must be provided to the City, upon request from the City’s custodian of public records, in a format that is compatible with the information technology systems of the City. E. IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE VENDOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK OFFICE 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6060 CityClerk@bbfl.us 10. SCRUTINIZED COMPANIES - 287.135 AND 215.473: By execution of this Agreement, Vendor certifies that Vendor is not participating in a boycott of Israel. The Vendor further certifies that Vendor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Vendor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Vendor of the City's determination concerning the false certification. The Vendor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, the Vendor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Vendor does not demonstrate that the City's determination of false certification was made in error, then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 11. E-VERIFY: Vendor shall comply with Section 448.095, Fla. Stat., “Employment Eligibility,” including the registration and use of the E-Verify system to verify the work authorization status of employees. Failure to comply with Section 448.095, Fla. Stat. shall result in termination of this Agreement. Any challenge to termination under this 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. 249 Piggyback Contract - Gehring Group 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 250 Piggyback Contract - Gehring Group 6 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 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 exte nt permitted by law. Signature Page to follow 251 Piggyback Contract - Gehring Group 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 RSC INSURANCE BROKERAGE, INC. d/b/a RISK STRATEGIES COMPANY (including its division, Gehring Group) _________________________________ ________________________________ Ty Penserga 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 Kurt N. Gehring Managing Director Kate Grangard 252 Piggyback Contract - Gehring Group 8 EXHIBIT A MASTER AGREEMENT BETWEEN THE CITY OF BOCA RATON AND THE GEHRING GROUP, INC. 253 Piggyback Contract - Gehring Group 9 EXHIBIT B FEE SCHEDULE LINE OF COVERAGE: COMMISSION RATE: PROPERTY 7 % AUTO PHYSICAL DAMAGE 7% AUTO LIABILITY 7% WORKERS’ COMPENSATION 7% GENERAL LIABILITY 7% ANCILLARY LINES CARRIER STANDARD 254 of Boca 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Inn p rated l925 4`1 . RESOLUTION 51-2021 A RESOLUTION OF THE CITY OF BOCA RATON AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE GEHRING GROUP, INC. FOR THE PURPOSE OF BROKER SERVICES FOR CASUALTY AND EXCESS INSURANCE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Boca Raton desires to enter into an agreement with The Gehring Group, Inc. for the purpose of broker services for casualty insurance and excess insurance; and WHEREAS, such agreement has been prepared and a copy thereof is attached hereto; now therefore RATON: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOCA 1 255 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Section 1. That the Mayor and City Clerk be authorized to execute the agreement with The Gehring Group, Inc., a copy of which is attached hereto, together with such nonmaterial changes as may be acceptable to the City Manager. Section 2. That an expenditure in an annual amount not to exceed $40,000 for the purpose of broker services is hereby authorized, subject to authorization of additional expenditures pursuant to the Procurement Code of the City of Boca Raton. Section 3. That, pursuant to Section 3- 107 of the City' s Procurement Code, a waiver of procurement is authorized for the procurement of casualty and excess insurance because it is in the best interests of the City to obtain such insurance coverages through existing insurance market methods (which may not be obtainable through normal procurement processes). Section 4. That the City Manager or designee is authorized to execute insurance binders and any other documents related to the acquisition of insurance brokered under the agreement. Section 5. If any section, subsection, clause or provision of this resolution is held invalid, the remainder shall not be affected by such invalidity. Section 6. All resolutions or parts of resolutions in conflict herewith shall be and hereby are repealed. Section 7. This resolution shall take effect 10 days after adoption. 9 PASSED AND ADOPTED by the City Council of the City of Boca Raton this day of , 2021. ATTEST: CITY OF BOCA RATON, FLORIDA se4 dl A - Scott Singer, Maygr 2 256 COUNCIL MEMBERS YE5, NO ABSTAINED MAYOR SCOTT SINGER DEPUTY MAYOR ANDREA LEVINE O'ROURKE COUNCIL MEMBER YVETTE DRUCKER COUNCIL MEMBER MONICA MAYOTTE R; COUNCIL MEMBER ANDY THOMSON 257 AGREEMENT FOR PROFESSIONAL SERVICES AGREEMENT NO. 2021-002 J THIS AGREEMENT made and entered into this a C day ofAvk 2021, by and between the City of Boca Raton, a municipal corporation of the State of Flori a, he inafter referred to as CITY, and The Gehring Group, Inc., a Florida corporation hereinafter referred to as SERVICE BROKER: WHEREAS, the CITY intends to enter into a non-exclusive agreement for the provision of professional brokerage services for casualty and excess insurance ("Services") by the SERVICE BROKER to the CITY; and WHEREAS, the SERVICE BROKER represents that it is capable and prepared to provide such Services; and WHEREAS, the parties hereto also desire that this Agreement shall be construed to authorize the CITY to request, and the SERVICE BROKER to provide, expert witness services in connection with court proceedings arising out of projects in which the SERVICE BROKER provided Services at the hourly rates set out in Attachment B, which is attached hereto and incorporated by reference as part of this Agreement. NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: ARTICLE 1 - EFFECTIVE DATE AND RENEWALS The effective date of this Agreement shall be 10 days after approval by the City Council and shall thereafter run for a three (3) year term, with the option to renew for three (3) additional one year periods, subject to cancellation as provided herein. The agreement may be extended thereafter at the CITY's option for a defined period of time, not to exceed twelve (12) months. The CITY reserves the right to keep policies and their dates of coverage in effect that were entered into prior to expiration or non renewal of Agreement. ARTICLE 2 - SERVICES TO BE PERFORMED BY SERVICE BROKER The SERVICE BROKER shall perform the services as specifically stated in the Scope of Services, Attachment A), and as may be specifically designated and additionally authorized by the CITY. Any amendments to this Agreement shall be subject to approval of the City Manager or City Council as provided for in the CITY's Code of Ordinances. ARTICLE 3 - COMPENSATION SERVICE BROKER shall be fully compensated for Services in this Agreement in accordance with Attachment B, Compensation for Services, which is attached hereto and incorporated by reference as part of this Agreement. The annual service fee in Attachment B, Compensation for Services shall remain fixed for the initial three years of the Agreement. No cost increases shall be accepted in this three year term. Thereafter, any renewals which may be approved by the CITY may be subject to an annual adjustment based on the latest yearly percentage increase or decrease of the Consumer Price Index for All Urban Consumers (CPI-U) (All Items) for Miami- Fort Lauderdale -West Palm Beach, as published by the Bureau of Labor Statistics, U.S. Department of Labor for the December publication for the then current year, not to exceed 5%. Either the SERVICE BROKER or the CITY shall provide the other with a written request for an annual adjustment to the annual service fee. Any request for an annual adjustment by either party shall be provided to the other party no later than 60 calendar days prior to each renewal year of the agreement and provided to 258 the attention of the project contact as identified in Article 24, It shall be the responsibility of the sender to confirm receipt of the annual adjustment request. The Deputy City Manager or designated representative will provide to the SERVICE BROKER a start date for the use of the updated annual fees, along with a copy of the updated compensation, which shall become an amendment to this Agreement. ARTICLE 4 - STANDARD OF CARE SERVICE BROKER shall exercise the same degree of care, skill, and diligence in the performance of the Services as is ordinarily provided by a professional Service Broker, under similar circumstances and SERVICE BROKER shall, at no additional cost to the CITY, re -perform Services which fail to satisfy the foregoing standard of care. ARTICLE 5 — INDEMNIFICATION SERVICE BROKER shall defend, indemnify and hold harmless the CITY, its officers, and employees from liabilities, damages, losses and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of SERVICE BROKER and persons employed or utilized by SERVICE BROKER in the performance of this agreement. Any costs and expenses, including attorney's fees, appellate, bankruptcy or defense counsel fees incurred by the CITY to enforce this Indemnification Clause shall be borne by the SERVICE BROKER. This Indemnification Clause shall continue indefinitely and survive the cancellation, termination, expiration, lapse or suspension of this Agreement. ARTICLE 6 - INDEPENDENT CONTRACTOR SERVICE BROKER undertakes performance of the Services as an independent contractor and shall be wholly responsible for the methods of performance. The CITY shall have no right to supervise the methods used, but the CITY shall have the right to observe such performance. SERVICE BROKER shall work closely with the CITY in performing Services under this Agreement. The SERVICE BROKER shall not receive any City benefits, stipend or privileges afforded to City employees. ARTICLE 7 - COMPLIANCE WITH LAWS In performance of the Services, SERVICE BROKER will comply with applicable regulatory and other applicable requirements including federal, state, county and local laws, rules regulations, orders, codes, criteria and standards. Further, SERVICE BROKER acknowledges and without exception or stipulation shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the awarded firm to comply with the laws referenced herein shall constitute a breach of the award agreement and the CITY shall have the discretion to unilaterally terminate said agreement. ARTICLE 8 - INSURANCE During the performance of the Services under this Agreement, SERVICE BROKER shall maintain the following insurance policies, and provide originals or certified copies of all policies, and such coverages shall be written by an insurance company authorized to do business in Florida. WORKER'S COMPENSATION The SERVICE BROKER agrees to maintain its own Worker's Compensation & Employers Liability Insurance in compliance with Florida Statute 440. (NOTE: Elective exemptions or coverage through an employee leasing arrangement will NOT satisfy this requirement). COMMERCIAL GENERAL LIABILITY SERVICE BROKER agrees to maintain Commercial General Liability at a limit of liability not less than 1,000,000 Each Occurrence, $2,000,000 Annual Aggregate. SERVICE BROKER agrees its coverage will 259 not contain any restrictive endorsement(s) excluding or limiting Product/Completed Operations, Independent Contractors, Broad Form Property Damage, X-C-U Coverage, Contractual Liability, Cross Liability or Separation of Insureds. The SERVICE BROKER agrees any self -insured retention or deductible shall not exceed $25,000. Additional Insured Endorsements The SERVICE BROKER agrees to endorse the City of Boca Raton as an Additional Insured on the Commercial General Liability policy on a primary and non-contributory basis with CG 20 10 04 13 endorsement or ISO equivalent. BUSINESS AUTOMOBILE LIABILITY SERVICE BROKER agrees to maintain Business Automobile Liability at a limit of liability not less than 500,000 Each Occurrence. Coverage shall include liability for Owned, Non -Owned & Hired automobiles. In the event SERVICE BROKER does not own automobiles, SERVICE BROKER agrees to maintain coverage for Hired & Non -Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy. In the event that the SERVICE BROKER does not own any vehicles, we will accept hired and non -owned coverage in the amounts listed above. In addition, we will require an affidavit signed by the SERVICE BROKER indicating the following: The Gehring Group, Inc. Company Name" does not own any vehicles. In the event we acquire any vehicles throughout the term of his Agreement, The Gehring Group, Inc. agrees to purchase "Any Auto" or Company Name" Comprehensive Form coverage as of the date9f acquisiti SERVICE BROKER's Signature: etldAd Kurt N. Gehong, Pre PROFESSIONAL LIABILITY/ERRORS AND OMISSIONS The SERVICE BROKER shall procure and maintain, for the life of this Agreement either Professional Liability Insurance or Errors and Omissions Insurance. This coverage is for damages arising out of the insured's negligence, mistakes or failure to take appropriate action in the performance of business or professional duties. This coverage shall be on a "Claims Made" basis and kept for 2 years after completion. The minimum limits of coverage shall be $1,000,000 per claim with a deductible of no more than $25,000. SUPPLEMENTAL PROVISIONS 1. The insurance policy coverage as outlined herein shall remain in effect for the entire Agreement period. In the event of coverage cancellation, non -renewal, material change, modification or lapse of coverage, SERVICE BROKER shall notify the CITY within thirty (30) business days with written notice of such to the Purchasing Division by fax to 561-393-7983. 2. All renewal or replacement certificates of insurance specific to the Agreement/award shall be forwarded to the City of Boca Raton Purchasing Division with a copy to the Boca Raton Department as identified in the Purchase Order/Agreement. Original certificates to be sent attention of City of Boca Raton, Purchasing Division, 201 W. Palmetto Park Road, Boca Raton, FL 33432. SUBCONSULTANT/SUBCONTRACTOR'S INSURANCE The SERVICE BROKER shall require each of his subcontractors to take out and maintain during the life of his subcontract the same insurance coverages required of the successful SERVICE BROKER. Each subcontractor shall furnish to the successful SERVICE BROKER two copies of the Certificate of Insurance, and successful SERVICE BROKER shall furnish one copy of the Certificate to the City of Boca Raton. 260 ARTICLE 9 - CITY'S RESPONSIBILITIES The CITY shall be responsible for providing reasonably required access to all project sites, and providing information on hand, including any data available in the files of the CITY. ARTICLE 10 - TERMINATION OF AGREEMENT Upon termination and as directed by the CITY, the SERVICE BROKER shall deliver to the CITY all original papers, records, documents, drawings, and other material set forth and described in this Agreement, including those described in Article 18, that are in SERVICE BROKER'S possession or under its control arising out of or relating to this Agreement and shall become the property of the CITY per Article 18. 10.1 Termination With Cause The obligation to continue Services under this Agreement may be terminated for cause by either party upon seven (7) days written notice of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. 10.2 Termination Without Cause CITY shall have the right to terminate this Agreement or suspend performance thereof without cause for the CITY's convenience upon fourteen (14) days written notice to SERVICE BROKER, and SERVICE BROKER shall terminate or suspend performance of Services on a schedule acceptable to CITY or at the end of this fourteen (14) day period, at the option of the CITY. In the event of termination or suspension for CITY's convenience, CITY shall pay SERVICE BROKER for all Services performed through the date of notice of termination or suspension. 10.3 Termination For Governmental Non -Appropriations The obligation of the CITY for payment to SERVICE BROKER is limited to the availability of funds appropriated in a current fiscal period. Continuation of the Agreement into a subsequent fiscal period is subject to appropriation of funds, unless otherwise authorized by law and Agreement, and shall be terminated without penalty to the CITY and without any default upon the last day in which funds were last appropriated. ARTICLE 11 -NONDISCLOSURE OF PROPRIETARY INFORMATION SERVICE BROKER shall consider all information provided by CITY and all reports, studies, calculations, and other documentation resulting from the SERVICE BROKER's performance of the Services to be proprietary unless such information is available from public sources or is a public record under Florida law. SERVICE BROKER shall not publish or disclose proprietary information for any purpose other than the performance of the Services without the prior written authorization of CITY or in response to legal process. ARTICLE 12 — UNCONTROLLABLE FORCES Neither the CITY nor SERVICE BROKER 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, Acts of God and governmental actions. Neither party shall, however, be excused from performance if nonperformance is due to forces which are preventable, removable, or remediable and which the non -performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non -performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, 261 give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. ARTICLE 13 - GOVERNING LAW / VENUE / WAIVER OF JURY TRIAL This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County and the Agreement will be interpreted according to the laws of Florida. BY ENTERING INTO THIS AGREEMENT, SERVICE BROKER AND CITY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. ARTICLE 14 - MISCELLANEOUS 14.1 Nonwaiver A waiver by either CITY or SERVICE BROKER of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing and duly signed by both parties to this agreement. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. 14.2 Severability The invalidity, illegality, or unenforceability of any provision of this Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void or voidable, shall in no way affect the validity or enforceability of any other portion or provision of the Agreement. Any void or voidable provision shall be deemed severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. The parties further agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent the entire Agreement from being held void should a provision which is of the essence of the Agreement be determined to be void by a court of competent jurisdiction. 14.3 Political Campaigns During the term of this Agreement, the SERVICE BROKER or any employee or associate, shall not be involved in any political campaign for City elective office nor make financial contribution to any such campaign. 14.4 Conflict of Interest Neither SERVICE BROKER nor its employees or its subconsultant(s) shall have or hold any continuing or frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with SERVICE BROKER's loyal and conscientious exercise of judgment related to its performance under this Agreement. ARTICLE 15 - INTEGRATION AND MODIFICATION This Agreement is adopted by the CITY and SERVICE BROKER as a final, complete and exclusive statement of the terms of the Agreement between the CITY and SERVICE BROKER. This Agreement supersedes all prior agreements, contracts, proposals, representations, negotiations, letters or other communications between the CITY and SERVICE BROKER pertaining to the Services, whether written or oral. Policies written under this Agreement may be bound and signed by the City Manager or designee. 262 The Agreement may not be modified unless such modifications are evidenced by an amendment in writing signed by both the CITY and SERVICE BROKER. ARTICLE 16 - SUCCESSORS AND ASSIGNS The CITY and SERVICE BROKER each binds itself and its director, officers, partners, successors, executors, administrators, assigns and legal representatives to the other party to this Agreement. Any assignment, sale, pledge or conveyance of this Agreement by SERVICE BROKER must be previously approved in writing by the CITY, whose consent may be reasonably withheld. ARTICLE 17 - CONTINGENT FEES The SERVICE BROKER warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the SERVICE BROKER to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the SERVICE BROKER, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. ARTICLE 18 - OWNERSHIP OF DOCUMENTS SERVICE BROKER shall be required to work in harmony with other agents/brokers relative to providing information requested in a timely manner and in the specified form. Any and all documents, records, disks, original drawings, or other information prepared under this Agreement shall become the property of the CITY upon completion, for its use and distribution as may be deemed appropriate by the CITY. ARTICLE 19 — MAINTENANCE OF RECORDS SERVICE BROKER will keep adequate records and supporting documentation which concern or reflect the Services hereunder. The records and documentation will be retained by SERVICE BROKER for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the policy is completed, whichever is later, or such later date as may be required by law. ARTICLE 20 — PUBLIC RECORDS The City of Boca Raton is a public agency subject to Chapter 119, Florida Statutes. This Agreement requires SERVICE BROKER to provide services, and therefore SERVICE BROKER shall comply with Section 119.0701, Florida Statutes. Specifically, SERVICE BROKER shall: 1) Keep and maintain all public records related to the performance of the Services. 2) 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 that provided in chapter 119, Florida Statutes, or as otherwise provided by law. 3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the Agreement. 4) Upon completion or other termination of the Agreement, keep and maintain the public records required by the CITY to perform the Services. SERVICE BROKER shall meet all applicable requirements for retaining public records set out in Florida law. 5) In addition to maintaining the records pursuant to Paragraph Number 4 above, provide to the CITY all records that were stored electronically by SERVICE BROKER, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. 263 B. The failure of SERVICE BROKER to comply with the provisions set forth in this Article, or to comply with the CITY's request for records, shall constitute a default and breach of this Agreement, and the CITY shall, in its discretion, pursue any and all remedies against SERVICE BROKER provided for under this Agreement or at law. C.IF SERVICE BROKER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO SERVICE BROKER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 561-393-7740, BRCITYCLERK(cD-MYBOCA.US, CITY HALL, CITY CLERK, 201 W. PALMETTO PARK ROAD, BOCA RATON, FL 33432. ARTICLE 21 — PUBLIC ENTITY CRIMES By its execution of this Agreement, SERVICE BROKER acknowledges that it has been informed by CITY of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: 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, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or SERVICE BROKER under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." ARTICLE 22 - LICENSES SERVICE BROKER shall comply with all federal, state, and county licensing requirements and shall comply with all provisions of the City of Boca Raton licensing requirements. SERVICE BROKER shall possess all qualifications, licenses and expertise requirement for the performance of Services under this agreement, including but not limited to, full qualification and good standing to do business in Florida. ARTICLE 23 - SCRUTINIZED COMPANIES A. Pursuant to Section 287.135, SERVICE BROKER is ineligible to enter into, or renew, this Agreement if SERVICE BROKER is on the Scrutinized Companies that Boycott Israel List (as identified in Section 215.4725, Florida Statutes), or is engaged in a boycott of Israel. B. By entering into this Agreement, SERVICE BROKER certifies that SERVICE BROKER is not on the Scrutinized Companies that Boycott Israel List, and that SERVICE BROKER is not engaged in a boycott of Israel. SERVICE BROKER acknowledges that SERVICE BROKER executed a certification to this effect at the time it submitted a response to the CITY's Request for Proposal and that such certification was likewise accurate at the time of execution of this Agreement. 264 C. SERVICE BROKER shall notify the CITY if, at any time during the term of this Agreement, SERVICE BROKER is placed on the Scrutinized Companies that Boycott Israel List, or that SERVICE BROKER is engaged in a boycott of Israel. Such notification shall be in writing and provided by SERVICE BROKER to the CITY within ten (10) days of the date of such occurrence. D. In the event the CITY determines, using credible information available to the public, that SERVICE BROKER has submitted a false certification or SERVICE BROKER is found to have been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel, the CITY may, in its sole discretion, terminate this Agreement and seek a civil penalty, and other damages and relief, against SERVICE BROKER, pursuant to Section 287.135, Florida Statutes. In addition, the CITY may pursue any and all other legal remedies against SERVICE BROKER. E. SERVICE BROKER shall not seek damages, fees, or costs against the CITY in the event the CITY terminates the Agreement pursuant to this provision. By entering into this Agreement, the SERVICE BROKER becomes obligated to comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility." This includes but is not limited to utilization of the E- Verify System to verify the work authorization status of all employees hired after January 1, 2021 (as well as contractual employees whose Agreement is renewed after January 1, 2021), and requiring all subcontractors/subconsultants to provide an affidavit attesting that the subcontractor/subconsultant does not employ, contract with, or subcontract with, an unauthorized alien. Failure to comply will lead to termination of this Agreement, or if a subcontractor/subconsultant 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 20 calendar days after the date of termination. If this Agreement is terminated for a violation of the statute by the SERVICE BROKER, the SERVICE BROKER may not be awarded a public contract for a period of 1 year after the date of termination. Should SERVICE BROKER violate the requirements of Section 448.095, Fla. Stat., they shall be liable for any additional costs incurred by the CITY as a result of the termination of the Agreement. ARTICLE 25 - NOTICE Any notice, demand, communication, or request required or permitted hereunder shall be in writing and delivered in person or sent by certified mail, postage prepaid as follows: As To CITY City of Boca Raton Risk Management Division 201 W. Palmetto Park Road Boca Raton, FL 33432 Phone: 561-393-7970 Email: smoy(a,myboca.us Attention: Stanley Moy, Risk Manager As to SERVICE BROKER: The Gehring Group, Inc. 3500 Kyoto Gardens Drive Palm Beach Gardens, FL 33410 Phone: 561-626-6797 265 Email: rodney.louisCaDgehringgroup.com Attention: Rodney Louis, Risk Services Director Notices shall be effective when delivered to the address specified above. Changes in the respective addresses to which such notice may be directed may be made from time to time by any party by written notice to the other party. Email is acceptable notice effective when received. The original of the notice must additionally be mailed as required herein. Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of SERVICE BROKER and CITY. ARTICLE 26 — PROJECT TEAM Rodney Louis, Senior, Risk Services Advisor Primary Account Executive Kurt Gehring, Alternate Account Executive David Daley, Risk Management Consultant Paul DeSilva, Risk Analyst Thomas Willins, Primary Account Manager for all services related to Property and Casualty Stuart Morgan, Safety & Loss Control Officer Valerie Ensinger, Claims Advocate Project Team members may be changed only with the prior written approval of the City of Boca Raton Risk Manager. ARTICLE 27 — USE OF SUBCONSULTANTS OR SUBCONTRACTORS SERVICE BROKER is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the SERVICE BROKER shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the SERVICE BROKER by the terms of this Agreement and to assume toward the SERVICE BROKER all the obligations and responsibilities which the SERVICE BROKER, by this Agreement and any subsequently issued Work Order, assumes toward the CITY. Each subconsultant or subcontract agreement shall preserve and protect the rights of the CITY under this Agreement, and any subsequently issued Work Order, with respect to the Services to be performed by the subconsultant or subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights. The SERVICE BROKER shall require each subconsultant or subcontractor to enter into similar agreements with its sub-subconsultants or sub -subcontractors. SERVICE BROKER acknowledges and agrees that nothing in this Agreement shall be construed to create any contractual relationship between CITY and any subconsultant or subcontractor. IN WITNESS WHEREOF, the City of Boca Raton, at a regular meeting thereof, by action of the City Council directing the foregoing to be adopted, has caused these presents to be signed by the Mayor, and The Gehring Group, Inc. has executed this Agreement, all as of the day and year first above written. 266 T. City Clerk / I A roved as to Fo m and gal Sufficiency: B Ci Attorney Attest: Corp rat Secretary Affirm Corporate Seal) CITY OF ISO A RATON Date: Name: Scott Singer Title: Mayor THE GEHRING GROUP, INC. Date: April 8, 2021 By: Signs re Seal) Name: Kurt N. Gehring Title: President and CEO President (or other duly authorized Officer) Attach Resolution/Bylaw of authorization if no President) Approved by City Council on 3 2021, Item # • '• 267 ATTACHMENT A SCOPE OF SERVICES 1-1 WORK OBJECTIVE The actual marketing, placement and servicing for each of the various lines of insurance policies shall be conducted by the SERVICE BROKER. SERVICE BROKER shall provide the CITY expertise and advice for the CITY's insurance needs. SERVICE BROKER shall be expected to provide a full range of services, including, but not limited to, marketing and placing the CITY'S excess insurance and casualty insurance coverage needs, assisting with insurance related issues, and providing insurance coverage recommendations. 1-2 SCOPE OF SERVICES General Requirements: The SERVICE BROKER shall provide the professional services necessary to perform the following general requirements as an all inclusive annual service fee. Types of Insurance Policies: The SERVICE BROKER shall be directed by the City's Risk Manager to market, negotiate and recommend carrier(s) selection for CITY consideration and purchase of the following: 1. Excess Insurance including, but not limited to the following coverages: General Liability, Excess Liability: Sexual Harassment liability and Sexual Abuse liability. Automobile Liability Public Officials Miscellaneous Liability: Errors & Omissions, Employment Practice Liability, Sexual Harassment Liability and Sexual Abuse Liability Workers' Compensation & Employers Liability 2. Casualty Insurance including, but not limited to the following coverages: Bond Policy Treasurer, City Manager and Finance Director), AD&D Police and Fire, EMT Professional Liability, Ocean Marine and/or Ocean Marine Including Tug and Barge, Special Events, Parking Garage Liability Coverage for Special Events, Volunteer Insurance, Railroad Protective Policy, Summer Camps, Parks and Recreation General Liability (Tenants), Parks and Recreation Accident Insurance, Crime Coverage Policy, Cyber Liability, and any other event related coverages the CITY may require. The list of insurance policies covered under this Agreement is referenced in Attachment C. b. Marketing: The SERVICE BROKER shall consult with the CITY to formulate a marketing strategy that focuses on delivering a cost-effective Excess Workers' Compensation and General Liability risk management program. At the direction of the City's Risk Manager or Management Services Director, the SERVICE BROKER shall market insurance policies, provide risk analysis, prepare underwriting submissions/specifications, marketing, program design, and carrier selection. The SERVICE BROKER shall be actively involved to ensure the proper coverage is addressed for whatever the CITY may require. The SERVICE BROKER shall be expected to consult with and/or update the CITY on any new insurance coverages that should be considered by the CITY based on CITY exposures and risk assessment. The SERVICE BROKER shall maintain contact with global insurance markets, which are interested, available, and qualified to provide insurance and loss prevention services to the CITY. 268 No less than sixty (60) calendar days prior to renewal of coverages, the SERVICE BROKER shall meet with the City's Risk Manager and Management Services Director to present a marketing report. The report shall be comprehensive and include at a minimum a current program evaluation, required marketing timetable, ratings of the appropriate markets, broker recommendations, and anticipated rates and premium. The SERVICE BROKER shall submit all insurance proposals received and appropriate recommendations for CITY execution no less than thirty (30) calendar days prior to the policy expiration dates. All submission(s) shall include a matrix of all insurance proposals received which includes an evaluation of coverage, limits and cost. Following the CITY's acceptance of an insurance proposal, the SERVICE BROKER shall provide the CITY with a policy premium to be bound and signed by the City Manager. Marketing of any insurance policies shall be recommended, evaluated and approved by the City's Financial Services Director or Management Services Director. C. Risk Management Policy Development: The SERVICE BROKER shall support the CITY's efforts in developing Risk Management policies. This includes but is not limited to; presentation of industry standard practices; assistance in development of policies that support the goals of the CITY toward use of local resources; and assist in presentations to policy and decision making authorities. SERVICE BROKER shall inform the CITY of applicable Federal and State compliance legislation, legislative trends and issues, and necessary governmental filings. d. Risk Assessment: The SERVICE BROKER shall assist in the identification, evaluation, and support of risk exposures for the CITY and aid in the determination of the level of the appropriate risk retention for the CITY. SERVICE BROKER shall recommend proper limits and coverages for risk and exposure common to the CITY and similar size cities. e. Risk Financing: The SERVICE BROKER shall provide the CITY with comprehensive information on market conditions and trends and assist the CITY with estimated renewal quotes for financial planning and budgeting in coordination with the CITY's annual budget process period. f. Loss Management: SERVICE BROKER will assist the CITY in management of information regarding losses. SERVICE BROKER shall provide expert assistance in the settlement of major claims and losses and assist the CITY in periodic evaluation of claims handling and administration, and reserves for self -insured retentions. SERVICE BROKER shall provide input to the CITY and make recommendations regarding major losses incurred by the CITY during the previous and current policy periods. g. Loss Development: SERVICE BROKER shall support the CITY with resources for trending, forecasting, and premium calculation and allocation in cooperation with actuarial services used by the CITY. h. Indemnification/Hold Harmless Clause: The SERVICE BROKER shall advise and provide recommendations for indemnification/hold harmless clause provisions referenced in contracts/agreements that effect the CITY for the purpose of adequately wording to protect the interests of the CITY. Policy and Insurance Language: The SERVICE BROKER shall assist CITY in the development and adequacy of insurance and liability specifications, bonds, and other risk management concerns for bids, request for proposals, contracts, leases and other agreements as required. The SERVICE BROKER shall provide a thorough review with assistance and recommendations on certificates of insurance, binders and endorsements on 269 an as needed basis to ensure compliance with CITY requirements and as referenced in contracts/agreements that effect the CITY. The SERVICE BROKER shall provide expertise in the verification, interpretation, and preparation of manuscript insurance policy forms and endorsements. This includes policy language, accuracy, form, compliance, application of risk, and the CITY's intended needs as specified. j. Annual Report: The SERVICE BROKER is responsible for producing an annual report within forty-five (45) calendar days of the end of the fiscal year for the CITY. The end of the fiscal year is September 30th. This report is to include: a schedule of policies in force, premiums, losses, commissions and fees earned or waived, developments and trends in the markets for these coverages and proposals in the CITY's coverages. The SERVICE BROKER shall submit the Annual report in an excel format to the CITY. k. Use of City Owned Property: The SERVICE BROKER shall comment and recommend coverage requirements for third parties requesting use of CITY owned property on an as needed basis. The aforementioned may occur with Special Event policies. Excess Insurance: The SERVICE BROKER will consult with the CITY to formulate a marketing strategy that focuses on delivering a cost-effective Excess Workers' Compensation and General Liability Risk Management program. The SERVICE BROKER will design specifications and create a submission for underwriter review for Excess Workers' Compensation, General Liability and Miscellaneous Liabilities as defined by the CITY and obtain CITY's approval on marketing submission and markets being approached. The SERVICE BROKER shall have knowledge of package programs for Excess insurance that may provide coverage for multiple lines of insurance. The SERVICE BROKER will review and analyze Excess coverage forms for inclusion and exclusion language and conditions. The Broker will provide alternatives for both occurrence and claims made coverage forms on the Excess policy during each renewal period. The SERVICE BROKER shall suggest alternative risk financing vehicles to reduce the total cost of risk to the CITY. m. Miscellaneous: The SERVICE BROKER shall: 1) provide the CITY with reports at appropriate policy intervals to include at a minimum loss reports, insurance market trends and outlook, and risk retention recommendations and philosophy. 2) attend meetings as requested and as deemed necessary by the Risk Management division. Coordinate and arrange meetings when requested, between CITY and insurance company underwriter(s). 3) for certain policies, such as "Excess Insurance", meet on City premises to provide presentations as required. 4) for other policies, meet on City property in person from time to time for meetings and/or presentations, however if such is not possible, the SERVICE BROKER may have the option of conducting such services via phone conference and/or virtual meetings. 5) provide an account executive and team assigned to the CITY to accommodate and provide consultation services as needed. 6) secure Excess Insurance on behalf of the CITY which meets or exceeds the minimum financial guidelines or a rating of not less than A- as assigned by A.M. Best, and is encouraged, but is not required, to secure same for all types of insurance. The CITY reserves the right to maintain existing casualty insurance policies that were issued prior to the effective date of this agreement for dates of coverage that are in effect after the effective date of this agreement. 7) provide assistance with internal loss engineering. SERVICE BROKER shall conduct an assessment involving occupancy, natural disaster and security hazards on behalf of the 270 CITY, and develop a plan to cut costs, safeguard against liability exposures and employee injuries and manage losses. 8) offer OSHA certified safety -related, online training courses using Bentek® LMS platform, to City employees. Certificates of completion, along with training records, will be maintained in electronic format for administrative tracking. 9) at CITY's option, provide an Employee Disaster Recovery Program (EDRP) for all participating City employees with access to an insurance claims professional to coordinate all recovery matters with employees' respective insurance carriers while allowing City employees to remain at work. The EDRP can assist, at no extra cost to the CITY, in sourcing relief items for City employees, emergency fueling, meal services for their families and even temporary housing options. 1-3 RESERVATIONS CITY reserves the right, but not obligation, to request the SERVICE BROKER to service, underwrite, market and place coverage on both existing or new insurance program(s) or coverage(s) provided it is in the CITY'S best interest to do so. CITY reserves the right to accept, amend or reject proposal(s) for new or existing coverages made by the SERVICE BROKER. CITY reserves the right to negotiate directly with certain markets not normally available to agents or brokers. CITY reserves the right to procure additional lines of coverage in accordance with procurement code procedures and operations in lieu of utilizing SERVICE BROKER. 1-4 POLICY COVERAGE TERM In the event the Agreement expires, is terminated or not renewed, the CITY reserves the right to elect the following: a. Keep coverage term in effect for policies entered into prior to expiration, termination or non -renewal of Agreement. b. Release all insurer(s) and/or intermediary(s) to CITY, as well as to CITY's newly designated service brokerage firm(s), to service, underwrite, market and place any existing or new insurance program(s). c. Assign a new broker and issue a new broker of record letter. The Broker agrees to release the markets and waive any waiting period to service, underwrite, market and place any existing or new insurance program(s). 271 ATTACHMENT B COMPENSATION FOR SERVICES The CITY shall pay to the SERVICE BROKER for providing and performing the Services set forth in Attachment A as follows: Annual Service Fee All inclusive annual service fee of $40,000.00 for the services identified in Attachment A, Item 1-2, Scope of Services for all policies identified in Attachment C. The all inclusive annual service fee shall include any costs for travel, lodging and any other miscellaneous expenses. The all inclusive annual service fee paid to the SERVICE BROKER is to be the only remuneration accepted by the SERVICE BROKER for service fees in relation to the Agreement. Annual Service fee for any renewal term(s) shall be in accordance with Article 3 — Compensation The SERVICE BROKER's all inclusive annual service fee will be prorated into four quarterly installments at the CITY's option. Fee for Policies not listed on Attachment C For any new policy placements beyond the policies listed in Attachment C, fees owed to the SERVICE BROKER shall be 10 percent of the premium. Fee for Expert Witness Testimony In the event SERVICE BROKER is called on to provide expert witness testimony in any court or administrative proceeding arising from or related to the SERVICE BROKER provided Services under this agreement, SERVICE BROKER shall provide those services at no cost. Payment for Policies The CITY will make payment for policy premiums, exclusive of the SERVICE BROKER's all inclusive annual service fee, directly to the insurance carrier or the SERVICE BROKER based on the provisions of the policy. The policy premium shall be a direct pass through from the insurance agent with no brokerage fees included. Following the binding of the policy coverage, the CITY's payment terms are Net 30 days. Invoices must be submitted against each individual purchase order. 272 ATTACHMENT C INSURANCE POLICIES NAME OF POLICY POLICY LIMITS Crime 1,000,000.00 Bond - Treasurer Cormac Conahan 100,000.00 Bond - Finance Director Linda Davidson 100,000.00 Accidental Death & Dismemberment (AD & D) Police & Fire 75,000.00 EMT Professional Liability 1,000,000.00 Excess Liability -General Liability and Workers' 1,000,000.00Compensation Hull & Pollution value of hull Special Events (not renewed due to Covid-19, to be included as part of Scope of Services for annual service fee) 1,000,000.00/$2,000,000.00 Railroad Protective Policy 2,000,000.00/$6,000,000.00 Summer Cams 1,000,000.00/$2,000,000.00 Parks & Recreation General Liability Tenants 2,000,000.00 Parks & Recreation Accident 10,000.00 C ber Liability 1,000,000.00 273 1 REQUEST FOR PROPOSAL RFP NO. 2021-002 BROKER SERVICES FOR CASUALTY & EXCESS INSURANCE City of Boca Raton City Hall Purchasing Division 201 West Palmetto Park Road Boca Raton, Florida 33432 (561) 393-7871 274 2 Table of Contents RFP 2021-002 BROKER SERVICES FOR CASUALTY & EXCESS INSURANCE PART I – GENERAL INFORMATION 3 PART II – STATEMENT OF WORK 13 TABLE 01 – CURRENT POLICIES 14 PART III – EVALUATION OF PROPOSALS 19 PART IV – INSTRUCTIONS FOR PREPARING PROPOSALS 22 PART V – PROPOSAL RESPONSE FORM 24 PART VI – PRICE PROPOSAL FORM 41 PART VII – SAMPLE AGREEMENT 42 EXHIBIT A – CURRENT CITY POLICIES 52 EXHIBIT B – REDACTED VERSION OF PROPOSAL COVER SHEET 53 275 3 PART I – GENERAL INFORMATION RFP NO. 2021-002 Broker Services for Casualty & Excess Insurance 1.1. DEFINITIONS For the purposes of this Request for Proposal, and the resulting agreement, the following terms will have the definitions listed: “Awarded Proposer” shall mean the Proposer selected by the City as a result of this RFP process. The Awarded Proposer may also be referred to as the Contractor and/or Proposer within this RFP and the sample agreement. “Proposal” shall mean the package of materials and information submitted by a Proposer in response to this RFP. "Proposer" shall mean a person (e.g. contractors, consultants, corporation) that submits a Proposal in response to this RFP. “Responsible Proposer” shall mean a person (e.g. contractors, consultants, corporation) who has the capability in all respects to perform fully the contract requirements, and the tenacity, perseverance, experience, integrity, reliability, capacity, facilities, equipment, and credit which will assure good faith performance. “Responsive Proposer” shall mean a person (e.g. contractors, consultants, corporation) who has submitted a Proposal which conforms in all material respects to the requirements set forth in this RFP. “Casualty Insurance” For the purpose of this proposal, casualty insurance includes excess insurance (general liability, workers' compensation), employee benefits liability, public officials and employees liability, special events, crime and facility use liability and other insurance that is typically referred to as Casualty. It does not include healthcare, property insurance, or short and long-term disability. 1.2. PURPOSE This Request for Proposal (RFP) provides guidelines for the submission of proposals in response to Broker Services for Casualty & Excess Insurance from firms with experience and qualifications in providing the stated Scope of Services. 1.3. PROPOSAL SUBMISSION AND WITHDRAWAL The City of Boca Raton shall not be held responsible for the content of RFP packages obtained from any third party source nor will the City be responsible for providing addenda to potential Proposers who receive an RFP package from other sources than the City of Boca Raton Purchasing Division. THE CITY MUST RECEIVE ALL PROPOSALS BEFORE 3:00 p.m. on January 19, 2021. HOW TO RESPOND TO THIS RFP 1. Either of the following two options may be utilized by a Proposer to submit a sealed RFP response. A. Submission of the Proposal response by electronic transmission using the City’s electronic bid system located at https://brpurch.ionwave.net/Login.aspx. In order to submit the Proposal electronically: (1) the Proposer must print the RFP documents; (2) all required RFP data/information must be added to the 276 4 RFP documents and included forms; (3) an individual authorized to contractually bind the Proposer must sign all required RFP forms; (4) the entire RFP response and all signed forms must be scanned to PDF format; and (5) the Proposer shall upload the scanned RFP response and signed RFP forms to the City’s electronic bid system pursuant to the directions in the electronic bid system. Please note that the maximum file size is 100 MB for an uploaded file. Proposer’s response shall not contain any alteration to the RFP documents that were posted by the City other than entering data, information and signatures required by the RFP in the spaces provided for such data, information and signatures, and by including attachments as necessary. By submission of an electronic RFP response, Proposer affirms that a complete set of RFP documents was obtained from the City’s electronic bid system and that Proposer made no alteration of any kind or nature to the RFP documents other than entering data, information and signatures required by the RFP or by including attachments as part of the RFP response. Electronic RFP submissions are only permitted to be upload prior to 3:00 p.m. on the RFP due date. Any attempt to upload a late RFP response at or after 3:00 p.m. on the RFP due date will be rejected by the City’s electronic bid system. It is highly recommended that Proposers submit their RFP response as an electronic submission using the City’s electronic bid system. B. Delivery of the RFP response as a sealed paper RFP response. The City will receive proposals at the following address: City of Boca Raton City Hall / Attn: Purchasing Division 201 W. Palmetto Park Road Boca Raton, FL 33432 i. Enter building through the front entrance door (North side of City Hall Building). ii. Check in at the reception area and identify that you have an RFP package for delivery to the Purchasing Division. A representative from the Purchasing Division will be contacted to receive the RFP submittal or will already be at the reception area. The Purchasing Division representative will place a date/time stamp on your RFP submittal package to confirm receipt is prior to the closing date and time. Please note: The City may have special procedures for COVID-19 that person delivering the proposal will be required to follow (i.e. masks must be worn for entrance to City Hall) The City cautions Proposers to assure actual delivery of mailed or hand-delivered proposals prior to the deadline set for receiving proposals. Telephone confirmation of timely receipt of the proposal may be made by calling (561) 393-7871, before proposal closing time. iii. A proposal received by the City of Boca Raton Purchasing Division after the established deadline will be returned unopened to the Proposer. iv. To facilitate processing please mark the outside of the envelope as follows: RFP No. 2021-002, Broker Services for Casualty and Excess Insurance. The envelope shall also include the Proposer's return address. 277 5 Proposers to submit four (4) sets of the Proposal, one marked original and three (3) copies of the Proposal in a sealed, opaque envelope marked as noted above. 2. An RFP response submitted either by upload or by hand-delivery after the specified due date and time will be rejected. As indicated above, the City’s electronic bid system will not accept RFP responses that are attempted to be submitted after the due date/time. As to a hand-delivered RFP response, it will be rejected and returned unopened when the Proposer attempts to hand-deliver it or it will be rejected when it is attempted to be hand-delivered by a third party mail service. If the RFP response is delivered after the required date and time and a City representative is not available to reject it, that Proposer will be notified that the RFP response was submitted after the required/specified date and time and the City will return the RFP response, as long as the Proposer name and address is available on the RFP response package. 3. A Proposer’s RFP response (either uploaded or hand-delivered) shall be signed only by an individual authorized by the Proposer to both execute such RFP and to bind the Proposer. For electronic submissions, the signature included shall be deemed an original signature, shall be binding on the Proposer, and shall be relied upon by the City as a document authorized by the Proposer for all purposes. Proposers may withdraw their Proposals by notifying the City in writing or withing the City’s bidding system at any time prior to the deadline for Proposal submittal. After the deadline, Proposals once opened become a public record of the City and will not be returned to the Proposers. All Proposals shall be valid for a minimum period of 120 days from the RFP closing date to accommodate evaluation and selection process. Upon opening, Proposals are subject to public disclosure consistent with Florida Statutes. By submitting a Proposal, a Proposer warrants that no one was paid a fee, commission, gift, or other consideration contingent upon receipt of an award for the services and/or supplies specified herein. Names of Proposers responding to the RFP will be made available on the Purchasing Division Web page https://www.myboca.us/253/Tabulations-Award-Recommendations 1.4. CONFIDENTIAL DOCUMENTS AS NOTED BY PROPOSER Any Proposer that elects to invoke exemptions to disclosure provided by law in the response to the RFP, is required to submit a redacted version of the RFP. For the purposes of this proposal a “Redacted Version” of Proposer’s proposal response shall mean, Proposer is to provide an exact replica of their firm’s original proposal response, in which the Proposer has “shaded-out” all areas of their proposal response which they deem “Confidential” or “Exempt” under Florida State Statute(s). This Redacted Version shall be provided as follows: • In addition to the (1) original and three (3) copies, Proposer to provide an extra copy of the proposal, clearly marked as “Redacted” on the front cover or may submit the redacted pdf file separately in the Response Attachments using the City’s electronic bidding system. • On the inside cover of the redacted version there should be a summary sheet(s) detailing the sections, parts, and or pages redacted. • For each section of the proposal that contains a redaction, Proposer shall provide the reason why such exclusion from public disclosure is necessary and state the legal basis for each exemption with a specific statutory citation for such exemption. • Exhibit B - Confidential Documents – Redacted Version of Proposal Cover Sheet Florida Statute Section 119.071 sets forth general exemptions to the inspection and copying of public records. Additionally, trade secrets, as defined in Florida Statute Section 812.081 are confidential and exempt from the 278 6 public records law pursuant to Florida Statute Section 815.045. Copyrighted material is not excluded from the definition of “public record”. It will be the responsibility of the Proposer to elect and to submit a redacted version of their RFP submittal. NOTE: In the event that the Proposer elects not to submit a redacted version of their RFP submittal, in accordance with item 1-4, the entire RFP, without exclusion, will be made available as a public record. 1.5. INVITATION TO PROPOSE The City solicits offers for the services of responsible Proposers to provide Broker Services for Casualty and Excess Insurance for the City of Boca Raton. Proposer may only submit one proposal response to this RFP. Multiple proposal responses from same Proposer shall be cause for City to reject all Proposals from that Proposer. Proposer shall submit their response subject to the provisions of Florida Statute Chapter 112.313, which addresses conflicting employment or contractual relationships with public officers, employees of agencies, and local government attorneys. 1.6. INQUIRIES/ADDENDA Interested Proposers may contact Robin Annexstein, Buyer, with questions about the proposal at the Purchasing Division, City Hall, 201 W. Palmetto Park Road, Boca Raton, Florida 33432 Telephone (561) 393-7880. It is the sole responsibility of the Proposer if the Proposer discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP, to immediately notify the Buyer, noted herein, of such error in writing and request modification or clarification of the document prior to submitting their proposal. Written request for modification or clarification of this RFP are to be submitted seven (7) days prior to the RFP closing date. Questions may be submitted by email to annexstein@myboca.us with reference to the RFP number and title on the subject line. The issuance of an addendum(s) is the only official method whereby interpretation, clarification, changes, modifications or additional information may be provided by the City. It shall be the responsibility of each Proposer, during and prior to RFP submittal to visit the City of Boca Raton Purchasing Division Bidding Opportunities link at https://brpurch.ionwave.net/currentsourcingevents.aspx or contact the Purchasing Division at 561-393-7871 to determine if addendums were issued and to obtain such addendums from the Purchasing Division Online bidding website. Only written addendums issued by the City may modify the RFP or clarify the intent or requirements of the RFP. Any oral instructions or explanation provided by City employees regarding the RFP will not be binding upon the City and should be disregarded. The City will make every effort to notify registered Proposers by email that an addendum has been made to the RFP. The City shall not be responsible for providing notice of addenda to potential Proposers who receive a RFP package from other sources. All addenda issued by the City will include a receipt form, which must be signed and included with any proposals that are submitted to the City. In the event multiple addenda are issued, a separate receipt for each addendum must be included with the proposal at the time it is submitted to the City. All Proposers are expected to carefully examine the proposal documents. Any questions, ambiguities or inconsistencies should be brought to the attention of the City through written communication with the City prior to the opening of the proposals per above instructions. 279 7 1.7. MINIMUM QUALIFICATION REQUIREMENTS Proposer shall meet or exceed the below noted minimum requirements. Any Proposer not meeting the minimum qualification requirements, or not clearly demonstrating that they meet the following minimum qualification requirements in conjunction with item 1.8 shall not be considered for evaluation by the Selection Committee. Notice of such will be provided to each Proposer not meeting the minimum qualification requirements. A. As a minimum qualification requirement, the City requires that the Proposer’s Primary Account Executive assigned to be the agent for the City possess the following current and valid licenses: • The Florida General Lines Insurance Agent License • Surplus Lines Agent License. Proposer to submit a copy of each of the above licenses for the Primary Account Executive with Proposer’s proposal response. B. As a minimum qualification requirement, the City requires that the Firm name identified on the Proposer Acknowledge Form has been in business for a minimum of five (5) years in the State of Florida. Evidence of a minimum of five (5) years shall be verified in accordance with filing date by the State of Florida or the Firm’s State of Origin of Bidder’s Firm. 1.8. DOCUMENTS TO BE SUBMITTED PART IV – INSTRUCTIONS FOR PREPARING PROPOSALS of this RFP identifies each of the documents to be submitted in response to this RFP, including the City provided forms in the electronic bidding system. Each Proposal must include all of the documents/forms required by this RFP in order to be considered responsive. However, in the event a form(s), a portion(s) of a document, or other information is omitted from a Proposal, the City reserves its right to waive the omission as a minor irregularity and request the Proposer to submit the omitted information. The City also may request clarification from a Proposer. If a Proposer fails to timely provide the omitted information requested by the City, the Proposer’s Proposal may be deemed non- responsive and the Proposer may be eliminated from further consideration. 1.9. EVALUATION AND SELECTION PROCESS Evaluation of proposals will be conducted by an evaluation committee of City staff. Proposer shall meet all minimum evaluation criteria in order for their Proposal to be considered responsive for further evaluation in conjunction with item 1.8. The evaluation process will be a one- or two-step process as fully detailed in PART III – EVALUATION OF PROPOSALS based on the point structure and criteria identified. The City reserves the right to reject any non-responsive proposal, all proposals, to waive non-material technical variances or minor irregularities in the proposal, to cancel the RFP and may re-solicit and re-advertise the RFP. The City reserves the right to request clarification from the Proposer(s). It shall be the responsibility of the Proposer to submit all requested information identified by the City upon request to clarify their Proposal. Failure of a Proposer to provide the requested clarification information as detailed in the written communication may result in the Proposal being considered as non-responsive and not considered for further evaluation. The City may in its discretion waive any informalities and irregularities contained in a proposal or in the manner of its submittal and award a contract thereafter, at the option of the City. 280 8 1.10. CONTRACT AWARDS The City anticipates entering into a contract with the Proposer who submits the proposal judged by the City to be most advantageous. The Proposer understands that this RFP does not constitute an offer or a contract with the City. Award recommendations shall be subject to the approval of the City Manager, City Manager designee or City Council as provided for in the City’s Code of Ordinances. Award recommendations to be posted on the City of Boca Raton Purchasing Division Notice Board for a period of three business days prior to making the award, which conforms to all requirements herein and whose evaluation by the City indicates that the award will be in the best interest of the City. A contract shall not be deemed to exist and is not binding until proposals are reviewed and accepted by appointed staff, the most advantageous proposal has been identified, negotiations with the Proposer have been authorized by the appropriate level of authority within the City, an agreement has been executed by parties and approved by the appropriate level of authority within the City. A sample Contract is attached to this RFP. The City anticipates that the final contract will be in substantial conformance with the Sample Contract; nevertheless, Proposers are advised that any contract which may result from the RFP may deviate from the Sample Contract if in the City’s opinion such deviation is reasonable, justifiable and serves the best interest of this procurement and of the City. In the event the parties are unable to negotiate terms acceptable to the City, the City may determine to accept the offer of the second most responsive and responsible Proposer determined by the selection committee, or it may resolicit proposals, at the option of the City. Proposer warrants to City that it is not insolvent, it is not in bankruptcy proceedings or receivership, nor is it engaged in or threatened with any litigation, arbitration or other legal or administrative proceedings or investigations of any kind which would have an adverse effect on its ability to perform its obligations under the Contract. 1.11. DEVELOPMENT COSTS Neither the City nor its representatives shall be liable for any expenses incurred in connection with preparation of a response to this RFP. Proposers should prepare their proposals simply and economically, providing a straightforward and concise description of the Proposer's ability to meet the requirements of the RFP. 1.12. TIMETABLES The City and Proposers shall adhere to the following schedule in all actions concerning this RFP: A. The City must receive the proposals by close date as detailed in item 1.3 B. The City will review and evaluate the proposals in a timely manner. C. The City may enter into a contract after obtaining appropriate approvals and conducting negotiations. D. The City will notify all unsuccessful Proposers. Estimated time line is detailed below, subject to change. RFP Opens as stated Evaluation of RFP, Short listing of Proposers 15 days Presentation / Demonstrations /Conference Call 10 days Final Negotiations with #1 Ranked vendor, finalization of agreement 15 days Award and Council Approval (if required per City Ordinance) 45 days Purchasing Division website will be used for meeting notices at https://www.myboca.us/230/Purchasing-Division 281 9 1.13. DELAYS The City may delay scheduled due dates if it is to the advantage of the City to do so. The City will notify Proposers of all changes in scheduled due dates by written addenda. 1.14. NEWS RELEASES The Proposer shall obtain the prior approval of the City Manager's Office or designee of all news releases or other publicity pertaining to this RFP or the service, study or project to which it relates generated by the Proposer or its agents, including the use of the City seal. 1.15. LICENSES AND CERTIFICATIONS Proposers, both corporate and individual, must be fully licensed and certified for the type of work to be performed in the State of Florida at the time of RFP receipt, as applicable. 1.16. PUBLIC ENTITY CRIMES In accordance with the applicable portions 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 a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." 1.17. CODE OF ETHICS / CONE OF SILENCE If any Proposer violates or is a party to a violation of the Code of Ethics of the City of Boca Raton, Palm Beach County or the State of Florida, such Proposer shall be disqualified from performing the work described in this proposal or from furnishing the goods or services for which the proposal is submitted and may be further disqualified from bidding on any future proposals for work, goods or services for the City of Boca Raton. The City’s Code of Ethics, Chapter 2, Article V may be viewed at https://www.municode.com/library/fl/boca_raton/codes/code_of_ordinances. The Palm Beach County Lobbyist Registration Ordinance (Sections 2-351 through 2-357 of the Palm Beach County Code of Ordinances) is applicable in the City of Boca Raton. Section 2-355 of the Palm Beach County Lobbyist Registration Ordinance includes a “Cone of Silence” provision that limits communication during the City’s procurement process in regard to this RFP, which provides as follows: Sec. 2-355. Cone of silence. (a) Cone of silence means a prohibition on any communication, except for written correspondence, regarding a particular request for proposal, request for qualification, bid, or any other competitive solicitation between: 1) Any person or person's representative seeking an award from such competitive solicitation; and 2) Any county commissioner or commissioner's staff, any member of a local governing body or the member’s staff, a mayor or chief executive officer that is not a member of a local governing body or the mayor or chief executive officer’s staff, or any employee authorized to act on behalf of the commission or local governing body to award a particular contract. 282 10 (b) For the purposes of this section, a person's representative shall include but not be limited to the person's employee, partner, officer, director, consultant, lobbyist, or any actual or potential subcontractor or consultant of the person. (c) The cone of silence shall be in effect as of the deadline to submit the proposal, bid, or other response to a competitive solicitation. The cone of silence applies to any person or person's representative who responds to a particular request for proposal, request for qualification, bid, or any other competitive solicitation, and shall remain in effect until such response is either rejected by the county or municipality as applicable or withdrawn by the person or person's representative. Each request for proposal, request for qualification, bid or any other competitive solicitation shall provide notice of cone of silence requirements and refer to this article. (d) The provisions of this article 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 board or local municipal governing body as applicable, 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 at any time with any employee, county commissioner, member of a local municipal governing body, mayor or chief executive officer that is not a member of the local municipal governing body, or advisory board member or selection committee member, unless specifically prohibited by the applicable competitive solicitation process. (e) The cone of silence shall not apply to any purchases made in an amount less than the competitive bid threshold set forth in the county purchasing ordinance (County Code, chapter 2, article III, division 2, part A, section 2-51 et seq.) or municipal ordinance as applicable. (f) The cone of silence shall terminate at the time the board, local municipal governing body, or a county or municipal department authorized to act on behalf of the board or local municipal governing body as applicable, awards or approves a contract, rejects all bids or responses, or otherwise takes action which ends the solicitation process. (g) Any contract entered into in violation of the cone of silence provisions in this section shall render the transaction voidable. 1.18. LEGAL REQUIREMENTS Proposer shall comply with applicable provisions of all federal, state, county laws and regulations, City of Boca Raton Code of Ordinances, rules and regulations and the City of Boca Raton Procurement Code. Lack of knowledge of any such provision, by any Proposer, shall not constitute a cognizable defense against the legal effect thereof. Pursuant to Chapter 2 (Administration), Article VIII (Lobbyist Registration), Sections 2-351 through 2-357, Palm Beach County, Florida, Code of Ordinances, any person who acts as a lobbyist must register with Palm Beach County’s Central Lobbyist Registration Site, prior to engaging in lobbying activities before City of Boca Raton staff, boards, committees and / or the City Council, or any member thereof. Information on lobbyist registration can be found at: http://discover.pbcgov.org/legislativeaffairs/Pages/Lobbying_Regulations.aspx 1.19. DRUG-FREE WORKPLACE In accordance with Florida Statute 287.087, preference shall be given to businesses with drug-free workplace (DFW) programs. Whenever two or more proposals which are equal with respect to price, quality, and service are received by the City for the procurement of commodities or contractual services, a proposal received from a 283 11 business that completes the attached DFW form certifying that it is a DFW shall be given preference in the award process. 1.20. PROCUREMENT CODE This Proposal is governed by City of Boca Raton Procurement Code. A copy of the Procurement Code is available for your review at the Purchasing Division by calling 561-393-7871. 1.21. POLITICAL CAMPAIGNS During the term of this Agreement, the Consultant or any employee or associate, shall not be involved in any political campaign for City elective office nor make financial contribution to any such campaign. 1.22. SCRUTINIZED COMPANIES CERTIFICATION Section 287.135, Florida Statutes, prohibits the City from contracting for goods or services of any amount with companies that are on the Scrutinized Companies that Boycott Israel List or are engaged in a boycott of Israel. Section 287.135, Florida Statutes, further provides that a Proposer is not entitled to bid on any contract for goods or services of any value if that Proposer is on the Scrutinized Companies that Boycott Israel List or is otherwise engaged in a boycott of Israel. Upon submitting its Proposal, Proposer shall certify compliance with section 287.135, Florida Statutes, by executing the Proposer Certification regarding Scrutinized Companies, which is Item 5.12, RFP Forms. The City reserves the right to terminate any agreement in which a Proposer provides a false certification or otherwise violates Section 287.135, Florida Statutes. 1.23. INSURANCE INSURANCE REQUIREMENTS (Articles from Sample Agreement) The Proposer, if awarded a contract, shall maintain insurance coverage reflecting the minimum amounts and conditions specified in the sample agreement. In the event the Proposer is a governmental entity or a self- insured organization, different insurance requirements may apply. Misrepresentation of any material fact, whether intentional or not, regarding the Proposer's insurance coverage, policies, or capabilities may be grounds for rejection of the proposal and rescission of any awarded contract. INSURANCE REQUIREMENTS (proof of ability to obtain to be submitted with proposal per the limits identified in the sample agreement) WORKER'S COMPENSATION COMMERCIAL GENERAL LIABILITY BUSINESS AUTOMOBILE LIABILITY PROFESSIONAL LIABILITY/ERRORS AND OMISSIONS 1.24. E-VERIFY Should Proposer become the Awarded Proposer for RFP No. 2021-002, by entering into this Contract/Agreement, the Awarded Proposer becomes obligated to comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility." This includes but is not limited to utilization of the E-Verify System to verify the work authorization status of all employees hired after January 1, 2021 (as well as contractual employees whose contract is renewed after January 1, 2021), and requiring all subcontractors/subconsultants to provide an affidavit attesting that the subcontractor/subconsultant does not employ, contract with, or subcontract with, an unauthorized alien. Failure to comply will lead to 284 12 termination of this Contract/Agreement, or if a subcontractor/subconsultant 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 20 calendar days after the date of termination. If this Contract/Agreement is terminated for a violation of the statute by the Awarded Proposer, the Awarded Proposer may not be awarded a public contract for a period of 1 year after the date of termination. Should Awarded Proposer violate the requirements of Section 448.095, Fla. Stat., they shall be liable for any additional costs incurred by the City as a result of the termination of the Contract. 1.25. DEVIATIONS Substantial deviations from specifications, proposal format or other requirements of this RFP may result in disqualification of the proposal and will not be considered for evaluation. A. Deviations to PART VII – SAMPLE AGREEMENT Exceptions to the attached Sample agreement are business concerns for the City. Any such deviations should be submitted in the RFP response as detailed in PART V – PROPOSAL RESPONSE FORM. The City is under no obligation to accept any proposed deviations. In the event the parties are unable to negotiate terms acceptable to the City, the City may determine to accept the offer of the second most responsive and responsible Proposer determined by the selection committee, or it may resolicit proposals, at the option of the City. B. Deviations to PART II – STATEMENT OF WORK The City strongly encourages Proposer to meet or exceed the Statement of Work. No variations or exceptions to the Statement of Work by a Proposer will be considered or deemed a part of the RFP submitted unless such deviations are listed in the RFP response as instructed in PART V – PROPOSAL RESPONSE FORM. If deviations are not stated or referenced as stipulated, it will be assumed that the product or service fully complies with the City’s Statement of Work. By evaluating a proposal, the City is under no obligation to accept any proposed deviations and all deviations submitted are subject to review and approval by the City. If any Proposer submits deviations that, in the City’s sole opinion are substantial and not considered to be equal or better than the stated Statement of Work, the City reserves the right to reject the proposal for further consideration. 1.26. ADDITIONAL INFORMATION The City reserves the right to request that the Proposer provide additional information it deems necessary to evaluate, clarify, or substantiate any area contained in each submitted Proposal and to more fully meet the needs of the City. This includes information which indicates financial resources as well as ability to provide and maintain the system, equipment and/or services. Moreover, the City reserves the right to make investigations of the qualifications of the Proposer as it deems appropriate, including but not limited to, a background investigation conducted by the City of Boca Raton Police Department. 285 13 PART II – STATEMENT OF WORK RFP NO. 2021-002 Broker Services for Casualty & Excess Insurance 2.1. OVERVIEW / BACKGROUND INFORMATION / WORK OBJECTIVE The City is seeking to contract with a qualified Proposer to provide the City with insurance broker services for various lines of insurance policies as referenced in Part II Table 01. The purpose of this Request for Proposal is for broker selection only. While Proposers are working on this proposal for submission to the City, Proposers shall not contact any carriers or approach any markets for the purpose of preparing proposals to the City. The actual marketing, placement and servicing for each of the various lines of insurance policies shall be conducted by the Awarded Proposer. Proposer shall provide the City expertise and advice for the City’s insurance needs. Proposer shall be expected to provide a full range of services, including, but not limited to, marketing and placing the City's casualty insurance coverage, assisting with insurance related issues, and providing insurance coverage recommendations. 2.2. SCOPE OF SERVICES General Requirements: The Awarded Proposer shall provide the professional services necessary to perform the following general requirements as an all inclusive annual service fee. 2.2.1. Types of Insurance Policies: The Awarded Proposer shall be directed by the City’s Risk Manager to market, negotiate and recommend carrier(s) selection for City consideration and purchase of the following: a. Excess Insurance including, but not limited to the following coverages: • General Liability, Excess Liability: Sexual Harassment liability and Sexual Abuse liability. • Automobile Liability • Public Officials Miscellaneous Liability: Errors & Omissions, Employment Practice Liability, Sexual Harassment Liability and Sexual Abuse Liability • Workers’ Compensation & Employers Liability b. Casualty Insurance including, but not limited to the following coverages: Bond Policy (Treasurer, City Manager and Finance Director), AD&D Police and Fire, EMT Professional Liability, Ocean Marine and/or Ocean Marine Including Tug and Barge, Special Events, Parking Garage Liability Coverage for Special Events, Volunteer Insurance, Railroad Protective Policy, Summer Camps, Parks and Recreation General Liability (Tenants), Parks and Recreation Accident Insurance, Crime Coverage Policy, Cyber Liability, and any other event related coverages the City may require. The City’s current list of insurance policies is referenced in Table 01 below. 286 14 Table 01 – Current Policies Note: The policies currently in place as referenced in table below for the referenced dates of coverage will not be cancelled or interrupted. It is the City’s intent to secure new policies when needed and seek renewals following the lapse of coverage under the newly awarded Agreement. In the event additional services are required beyond those outlined herein, the Awarded Proposer will be paid a percentage of the policy premium as proposed in the Part VI Price Proposal. NAME OF POLICY DATES OF COVERAGE POLICY LIMITS Crime 06/01/18 - 06/01/21 $ 1,000,000.00 Bond - Treasurer (Cormac Conahan) 08/01/20 - 08/01/22 $ 100,000.00 Bond - Finance Director (Linda Davidson) 01/11/20 - 01/11/22 $ 100,000.00 Accidental Death & Dismemberment (AD & D) Police & Fire 10/01/20 - 10/01/21 $ 75,000.00 EMT Professional Liability 06/01/20 - 06/01/21 $ 1,000,000.00 Excess Liability-General Liability and Workers’ Compensation 10/01/20 - 09/30/21 $ 1,000,000.00 Hull & Pollution 01/15/20 - 01/15/21 value of hull Special Events (not renewed due to Covid-19, to be included as part of Scope of Services for annual service fee) 10/10/19 - 10/10/20 $ 1,000,000.00/$2,000,000.00 Railroad Protective Policy 08/11/20 - 08/11/21 $ 2,000,000.00/$6,000,000.00 Summer Camps 06/06/20 - 06/06/21 $ 1,000,000.00/$2,000,000.00 Parks & Recreation General Liability (Tenants) 08/17/20 -08/17/21 $ 2,000,000.00 Parks & Recreation Accident 06/06/20 - 06/06/21 $ 10,000.00 Cyber Liability 10/01/20 - 09/30/21 $ 1,000,000.00 287 15 2.2.2. Marketing: The Awarded Proposer shall consult with the City to formulate a marketing strategy that focuses on delivering a cost-effective Excess Workers’ Compensation and General Liability risk management program. At the direction of the City’s Risk Manager or Management Services Director, the Awarded Proposer shall market insurance policies, provide risk analysis, prepare underwriting submissions/specifications, marketing, program design, and carrier selection. The Awarded Proposer shall be actively involved to ensure the proper coverage is addressed for whatever the City may require. The Awarded Proposer shall be expected to consult with and/or update the City on any new insurance coverages that should be considered by the City based on City exposures and risk assessment. The Awarded Proposer shall maintain contact with global insurance markets, which are interested, available, and qualified to provide insurance and loss prevention services to the City. No less than sixty (60) calendar days prior to renewal of coverages, the Awarded Proposer shall meet with the City’s Risk Manager and Management Services Director to present a marketing report. The report shall be comprehensive and include at a minimum a current program evaluation, required marketing timetable, ratings of the appropriate markets, broker recommendations, and anticipated rates and premium. The Awarded Proposer shall submit all insurance proposals received and appropriate recommendations for City execution no less than thirty (30) calendar days prior to the policy expiration dates. All submission(s) shall include a matrix of all insurance proposals received which includes an evaluation of coverage, limits and cost. Marketing of any insurance policies shall be recommended, evaluated and approved by the City’s Financial Services Director or Management Services Director. 2.2.3. Risk Management Policy Development: The Awarded Proposer shall support the City’s efforts in developing Risk Management policies. This includes but is not limited to; presentation of industry standard practices; assistance in development of policies that support the goals of the City toward use of local resources; and assist in presentations to policy and decision making authorities. Awarded Proposer shall inform the City of applicable Federal and State compliance legislation, legislative trends and issues, and necessary governmental filings. 2.2.4. Risk Assessment: The Awarded Proposer shall assist in the identification, evaluation, and support of risk exposures for the City and aid in the determination of the level of the appropriate risk retention for the City. Awarded Proposer shall recommend proper limits and coverages for risk and exposure common to the City and similar size cities. 2.2.5. Risk Financing: The Awarded Proposer shall provide the City with comprehensive information on market conditions and trends and assist the City with estimated renewal quotes for financial planning and budgeting in coordination with the City’s annual budget process period. 2.2.6. Loss Management: Awarded Proposer will assist the City in management of information regarding losses. Awarded Proposer shall provide expert assistance in the settlement of major claims and losses and assist the City in periodic evaluation of claims handling and administration, and reserves for self- insured retentions. Awarded Proposer shall provide input to the City and make recommendations regarding major losses incurred by the City during the previous and current policy periods. 2.2.7. Loss Development: Awarded Proposer shall support the City with resources for trending, forecasting, and premium calculation and allocation in cooperation with actuarial services used by the City. 2.2.8. Indemnification/Hold Harmless Clause: The Awarded Proposer shall advise and provide recommendations for indemnification/hold harmless clause provisions referenced in 288 16 contracts/agreements that effect the City for the purpose of adequately wording to protect the interests of the City. 2.2.9. Policy and Insurance Language: The Awarded Proposer shall assist City in the development and adequacy of insurance and liability specifications, bonds, and other risk management concerns for bids, request for proposals, contracts, leases and other agreements as required. The Awarded Proposer shall provide a thorough review with assistance and recommendations on certificates of insurance, binders and endorsements on an as needed basis to ensure compliance with City requirements and as referenced in contracts/agreements that effect the City. The Awarded Proposer shall provide expertise in the verification, interpretation, and preparation of manuscript insurance policy forms and endorsements. This includes policy language, accuracy, form, compliance, application of risk, and the City’s intended needs as specified. 2.2.10. Annual Report: The Awarded Proposer is responsible for producing an annual report within forty five (45) calendar days of the end of the fiscal year for the City. The end of the fiscal year is September 30th. This report is to include: a schedule of policies in force, premiums, losses, commissions and fees earned or waived, developments and trends in the markets for these coverages and proposals in the City’s coverages. The Awarded Proposer shall submit the Annual report in an excel format to the City. 2.2.11. Use of City Owned Property: The Awarded Proposer shall comment and recommend coverage requirements for third parties requesting use of City owned property on an as needed basis. The aforementioned may occur with Special Event policies. 2.2.12. Excess Insurance: The Awarded Proposer will consult with the City to formulate a marketing strategy that focuses on delivering a cost-effective Excess Workers’ Compensation and General Liability Risk Management program. The Awarded Proposer will design specifications and create a submission for underwriter review for Excess Workers’ Compensation, General Liability and Miscellaneous Liabilities as defined by the City and obtain City’s approval on marketing submission and markets being approached. The Awarded Proposer shall have knowledge of package programs for Excess insurance that may provide coverage for multiple lines of insurance. The Awarded Proposer will review and analyze Excess coverage forms for inclusion and exclusion language and conditions. The Broker will provide alternatives for both occurrence and claims made coverage forms on the Excess policy during each renewal period. The Awarded Proposer shall suggest alternative risk financing vehicles to reduce the total cost of risk to the City. 2.2.13. Miscellaneous: The Awarded Proposer shall: 1) Provide the City with reports at appropriate policy intervals to include at a minimum loss reports, insurance market trends and outlook, and risk retention recommendations and philosophy. 2) Attend meetings as requested and as deemed necessary by the Risk Management division. Coordinate and arrange meetings when requested, between City and insurance company underwriter(s). 3) For certain policies, such as “Excess Insurance”, the Awarded Proposer shall be required to meet on City premises to provide presentations. 4) For other policies, the City encourages and prefers the Awarded Proposer to meet on City property in person from time to time for meetings and/or presentations, however if such is not possible, the Awarded Proposer may have the option of conducting such services via phone conference and/or go to meetings. 5) Provide an account executive and team assigned to the City to accommodate and provide consultation services as needed. 6) The following is encouraged for all types of insurance, but shall be required for Excess Insurance: Except with prior written approval by the City, insurance secured by the Awarded 289 17 Proposer on behalf of the City shall meet or exceed the minimum financial guidelines or a rating of not less than A- as assigned by A.M. Best. 7) The City reserves the right to maintain existing casualty insurance policies that were issued prior to the effective date of this agreement for dates of coverage that are in effect after the effective date of this agreement. 2.2.14. Proposer’s Primary Account Executive assigned to be the agent for the City possess the following current and valid licenses: • The Florida General Lines Insurance Agent License • Surplus Lines Agent License. 2.3. BINDING POLICY Following the City’s acceptance of an insurance proposal, the Awarded Proposer shall provide the City with a policy premium to be bound and signed by the City Manager. 2.4. BILLING/PAYMENT The City will make payment for policy premiums, exclusive of the Awarded Proposer’s all inclusive annual service fee, directly to the insurance carrier or the Awarded Proposer. The policy premium shall be a direct pass through from the insurance agent with no brokerage fees included. Following the binding of the policy coverage, the City’s payment terms are Net 30 days. Invoices must be submitted against each individual purchase order. The Awarded Proposer’s all inclusive annual service fee will be prorated into four quarterly installments at the City’s option. 2.5. RESERVATIONS City reserves the right, but not obligation, to request the Awarded Proposer to service, underwrite, market and place coverage on both existing or new insurance program(s) or coverage(s) provided it is in the City’s best interest to do so. City reserves the right to accept, amend or reject proposal(s) for new or existing coverages made by the Awarded Proposer. City reserves the right to negotiate directly with certain markets not normally available to agents or brokers. City reserves the right to procure additional lines of coverage in accordance with procurement code procedures and operations in lieu of utilizing Awarded Proposer. 2.6. POLICY COVERAGE TERM In the event the Agreement expires, is terminated or not renewed, the City reserves the right to elect the following: a. Keep coverage term in effect for policies entered into prior to expiration, termination or non- renewal of Agreement. 290 18 b. Release all insurer(s) and/or intermediary(s) to City, as well as to City’s newly designated service brokerage firm(s), to service, underwrite, market and place any existing or new insurance program(s). c. Assign a new broker and issue a new broker of record letter. The Broker agrees to release the markets and waive any waiting period to service, underwrite, market and place any existing or new insurance program(s). 2.7. CASUALTY AND EXCESS INSURANCE CITY CONTACT PERSON Awarded Proposer shall correspond with the City Risk Manager or designee. Stanley Moy, Risk Manager City of Boca Raton Risk Management Division 201 W. Palmetto Park Road Boca Raton, FL 33432 Office: 561-393-7970 Email: smoy@myboca.us 2.8. CONTRACT PERIOD AND RENEWAL The term of the agreement will be three (3) years with the option to renew for three (3) additional one year periods. 291 19 PART III – EVALUATION OF PROPOSALS RFP 2021-002 Broker Services for Casualty and Excess Insurance EVALUATION METHOD AND CRITERIA The City’s selection committee will evaluate proposals and will select the Proposer which meets the best interests of the City. The City shall be the sole judge of its own best interests, the proposals, and the resulting negotiated agreement. The City's decisions will be final. Failure to meet the minimum qualification requirements in conjunction with item 1.7 shall result in the RFP not being considered for evaluation. The following criteria shall be utilized in the evaluation of the proposals: 3.1. GENERAL OVERVIEW The purpose of the Evaluation Process is to judge the Proposals submitted in response to the Request for Proposal to establish the #1 Proposer. Each proposal will be evaluated by each Selection Committee member using the procedures outlined herein. The City reserves the right to request clarification from the Proposer(s) during the evaluation phases. When presentations are utilized, the format will be determined by the selection committee, which may include an on-site presentation, conference phone call, web-meeting, demonstration and / or site visit. 3.2. EVALUATION PROCESS The Evaluation of Proposals will occur in one or two Phases as detailed below. 3.2.1. Phase I The committee evaluates and scores proposals to establish the "shortlisted" firms that will advance to Phase II of the selection process. Each voting Selection Committee member shall evaluate and award points in accordance with the Evaluation Criteria specified for each of the Categories based on the RFP response. The points awarded for each Category will be totaled, ranked and tabulated as described in Paragraph 3-3 to determine the ranking order of the Proposers. A minimum of two firms will be short listed based on the ranking order (highest ranked firms). In the event there are less than two (2) responsive proposals, the committee will give further consideration to the sole proposal received. Based on the number of proposals received, the evaluation committee may elect that all Proposers participate in the Phase II evaluation process and not utilize the Phase I evaluation process. The City reserves the right to obtain best and final offers from each of the Proposers after submission and prior to award. 3.2.2. Phase II The Proposers identified by the selection committee as being short-listed are invited to participate in Phase II as a short listed firm. Each short listed firm is in equal standing at the beginning of the Phase II Evaluation. Each short listed firm may be required to provide a presentation for the Selection Committee. These presentations will provide the opportunity for the selection committee to further assess the qualifications of the firm and their understanding of the scope of services, approach and performance. 292 20 Each Selection Committee member shall re-evaluate and re-award points in accordance with the Evaluation Criteria specified for each of the Categories based on the RFP response, any presentation and reference checks. The points awarded for each Category will be totaled, ranked and tabulated as described in Item 3.3 to determine the #1 Proposer. 3.3. POINTS AND RANKING SYSTEM UTILIZED FOR PHASE I AND II EVALUATION: Each Committee member will award points according to the Selection Criteria described in each Category for the Phase I and II evaluation processes. The points indicated as Points Possible are the maximum that may be awarded for each Category. The points awarded for each Category will be totaled to achieve the Total Points awarded to each Proposer. The Proposer with the greatest cumulative of Total Points for the applicable phase will be ranked 1, the next greatest total ranked 2, etc. A 1 ranking is one point; a 2 ranking is two points, etc. The individual ranking points from each committee member will be tabulated to arrive at the overall committee ranking. The Proposer with the lowest total of ranking points will be the # 1 ranked Proposer, the next lowest will be # 2, etc. The committee tabulation of the ranking points shall be the basis for determining the ranking order of the Proposers. 3.4. TIE PROPOSALS Whenever a tie occurs for the top ranking position after the Phase 2 evaluation, a Best and Final Offer will be requested from the top ranked Proposers. The selection committee will rescore using the method described in 3.3. 3.5. SOLE PROPOSAL In the event there is a sole Proposer, selection committee shall evaluate the sole response, and provide a written determination that the proposal meets the needs of the City and such Proposer is recommended for award. 3.6. EVALUATION CRITERIA Summarized below is the Evaluation Criteria for Phase I: PHASE I EVALUATION CATEGORIES POINTS POSSIBLE Service Fees (Part VI) 20 Qualifications and Experience (Part V, Section 5.3, 5.4, 5.5) 30 Understanding of Scope of Services, Approach and Technical Compliance 30 (Part V, Section 5.6, 5.7) Organizational Structure, Business Operations and Performance Standards 20 (Part V, Section 5.8, 5.9) Total Points Possible for Phase I 100 Summarized below is the Evaluation Criteria for Phase II: PHASE II EVALUATION CATEGORIES POINTS POSSIBLE 293 21 Service Fees (Part VI) 20 Qualifications and Experience (Part V, Section 5.3, 5.4, 5.5) 30 Understanding of Scope of Services, Approach and Technical Compliance 30 (Part V, Section 5.6, 5.7) Organizational Structure, Business Operations and Performance Standards 20 (Part V, Section 5.8, 5.9) Total Points Possible for Phase II 100 294 22 PART IV – INSTRUCTIONS FOR PREPARING PROPOSALS RFP 2021-002 Broker Services for Casualty and Excess Insurance 4.1. PROPOSAL INSTRUCTIONS In preparing your proposal, Proposer should assume that the City has no previous knowledge of their product, services or capabilities. Each proposal response form is to be completed, printed and submitted to the City in the format listed below. Proposers are cautioned to carefully review their submittal to assure that a complete and comprehensive answer has been provided for each of the form fill fields. Your response, as provided in these forms will be read and evaluated by the evaluation committee. Proposers are to carefully check their price proposal verifying that all items have a price provided and to check math extensions and totals. The pricing submitted will be used in the evaluation and scoring of the proposal. Negotiations regarding price are NOT allowed as part of the RFP evaluation and ranking process. The Proposer is to utilize each of the forms provided in the electronic bidding system for completion and submission with the RFP response and follow the format identified herein. Poor formatting, poor documentation, and/or incomplete or unclear information may adversely impact the evaluation of a Proposal. 4.2. ELECTRONIC FORMS FOR SUBMISSION OF PROPOSAL Watermarked forms have been provided that replicate the form fill documents available in the electronic bidding system. The file names for these form fill documents are listed below and are to be obtained in the electronic bidding system under “Bid Attachments” of RFP 2021-002 Broker Services for Casualty and Excess Insurance at http://www.myboca.us/759/Supplier-Login. File names of electronic forms to be completed and submitted by Proposer: a. 2021-002 PART V – PROPOSAL RESPONSE FORM b. 2021-002 PART VI – PRICE PROPOSAL FORM 4.3. PROPOSAL FORMAT AND ATTACHMENTS Proposal to be tabbed using the following headers: Tab A PART V – PROPOSAL RESPONSE FORM Electronic response form filled out. Tab B Attachments for PART V – PROPOSAL RESPONSE FORM Top of each page to be labeled and identify which question the attachment is being provided for, for example, list the Question Number as provided in Part V, “5.3.1, Item A”. Order of attachments to follow same order as listed in PART V – PROPOSAL RESPONSE FORM Tab C PART VI – PRICE PROPOSAL FORM Tab D RFP Forms (Part V, item 5.12) For electronic submittals: Tab A, Tab B, Tab C and Tab D are to be combined as a single pdf document. Use of Bookmarks in Adobe is highly desired for identifying each Tab. Proposal to include a Table of Contents using the Tab format indicated above. 295 23 Instructions for attachments Proposal questions that allow for an attachment to be submitted shall be included in Tab B. Each attachment is to be labeled and placed in the same order as listed in the Proposal Response Form. Proposers are responsible for verifying that all attachments are included in their submission for each item checked confirming that the reply is by use of an attachment. Proposer to submit the number of RFP copies as directed in PART I – GENERAL INFORMATION the RFP unless submitting an electronic response. At the Proposers option, a redacted version may also be submitted (refer to Section 1.4). 4.4. FORMS REQUIRING SIGNATURES The following forms are to be manually signed: Proposer Acknowledgement Form Drug Free Form Proposal Checklist form Price Proposal Form Proposer Certification Regarding Scrutinized Companies 296 24 PART V – PROPOSAL RESPONSE FORM RFP 2021-002 Broker Services for Casualty and Excess Insurance 5.1. DECLARATION OF FIRM Proposer as identified on Proposer Acknowledgement Form firm as identified herein will be considered the primary firm. If more than one firm is named; a legal document showing the partnership, joint venture, corporation, etc. shall be submitted showing the legality of such. Submittal for Joint Venture to include executed Joint Venture agreement and if state law requires that the Joint Venture be registered, filed, funded, or licensed prior to submission of the proposal, then same shall be completed prior to submittal. Proposers shall make their own independent evaluation of the requirements of the state law. The City will not consider submittals that identify a joint partnership to be formed. The primary firm identified herein will be responsible for final negotiations and receipt of payments from the City of Boca Raton. Please complete the following: A. Name of Firm If the “Name of Firm” above references more than one firm, indicate if Partnership, Joint Venture or Other Type? Is Attachment provided showing the legality of such? Address City, State, Zip Code Telephone Number Email Company Website B. Name of Persons or entities interested in the proposal as principals C. Declaration that proposal submission is made without collusion with any other person or entity submitting a proposal pursuant to this RFP D. Identify/detail names of persons authorized to make representations for the Proposer including the titles, addresses, telephone, and email addresses of such persons in the spaces provided below: FIRMS AUTHORIZED REPRESENTATIVE(S) Name Title Telephone Number Email Address or submitted as Attachment 5.2. ACKNOWLEDGEMENT OF ADDENDUMS: ADDENDUM NO. DATE ISSUED 1 2 3 4 5. 6. 7. 297 25 Proposer acknowledges that the proposal response is being submitted in accordance with the above referenced addendums. Proposer to submit signed version of each addendum with their submittal. Addendums submitted as Attachment Proposer shall obtain addendum information by logging in to the electronic bidding system at http://www.myboca.us/759/Supplier-Login to access each addendum document. 5.3. QUALIFICATIONS AND EXPERIENCE OF THE FIRM AND STAFF The Proposer shall submit satisfactory evidence that it has had previous experience and possess adequate financial resources and organization capacity to perform the type, magnitude and quality of work as specified herein 5.3.1. Minimum Qualification Requirements Proposer shall meet or exceed the below noted minimum requirements. Any Proposer not meeting the minimum qualification requirements, or not clearly demonstrating that they meet the minimum qualification requirements in conjunction with item 1.9 of Part 1 shall not be considered for evaluation by the Selection Committee. Notice of such will be provided to each Proposer not meeting the minimum qualification requirements. A. As a minimum qualification requirement, the City requires that the Proposer’s Primary Account Executive assigned to be the agent for the City possess the following current and valid: • The Florida General Lines Insurance Agent License • Surplus Lines Agent License. Proposer to submit a copy of each of the above licenses for the Primary Account Executive with Proposer’s proposal response. Complete information below, confirming your submission of a copy of each type of license Name of Agent Confirm License Attached – Florida General Lines Confirm License Attached – Surplus Lines Agent B. As a minimum qualification requirement, the City requires that the Firm name identified on the Proposer Acknowledge Form has been in business for a minimum of five (5) years in the State of Florida. Evidence of a minimum of five (5) years shall be verified in accordance with filing date by the State of Florida or the Firm’s State of Origin of Bidder’s Firm. Number of Years in business in the State of Florida: Confirm evidence of years is attached: 5.3.2. Qualifications and Experience of Firm: The proposer shall submit satisfactory evidence that their firm name referenced on the “Proposer Acknowledge Form” has had previous experience and possess adequate financial resources and organization capacity to perform the type, magnitude and quality of work as specified herein. 1. Provide details on the qualifications/experience of the firm where applicable while addressing the following: a. Description of the major functions and responsibilities of the firm. Submitted as Attachment or Type/Provide Response here: 298 26 b. Size of firm: Type/Provide Response here: c. Range and types of broker services offered Submitted as Attachment or Type/Provide Response here: d. Stability, track records and knowledge in providing broker services Submitted as Attachment or Type/Provide Response here: 2. Proposer to provide “Mission Statement” of firm (if applicable). Submitted as Attachment or Type/Provide Response here: 3. Provide a statement as to how the firm’s experience will be directly beneficial to the City for providing broker services. Submitted as Attachment or Type/Provide Response here: 4. Certifications/Awards/Memberships in the name of the Firm: Submitted as Attachment or Type/Provide Response here: 5. Please detail your experience, for third parties requesting use of City owned property for the purpose of putting on a Special Event such as a carnival, fireworks display event, and arts and education performances as it relates to special event policies. Submitted as Attachment or Type/Provide Response here: 6. What is your experience and knowledge with package programs for Casualty/Excess Insurance that may provide coverage for multiple lines of insurance? Submitted as Attachment or Type/Provide Response here: 7. Explain your experience and knowledge with assisting your clients with recommendations for indemnification/hold harmless clause provisions as well as advice and development of insurance/liability specifications and other risk management concerns. Reference any analysis tools or software you would use for this purpose. Submitted as Attachment or Type/Provide Response here: 8. Does your firm have an active membership in the Public Risk Insurance Association (PRIMA) and/or Risk Insurance Management Society (RIMS)? Submitted as Attachment or Type/Provide Response here: 9. Provide the number of Professional and Academic Designations of your agency. CPCU ARM CPA OTHER 299 27 5.3.3. References Proposer is responsible for verifying correct contact information. Failure to provide accurate data may result in the reference not being considered, which includes the provision of contact person(s) that do not have knowledge of the services provided by your firm. Failure to submit references may result in the RFP not being considered for evaluation. City may request a more detailed list, including other governmental agencies. The City reserves the right to request or contact additional or different references from the provided customer list for consideration, including past experience with the City of Boca Raton. Proposer to identify a minimum of five (5) references that show Proposer provides or has provided broker services to the client for a variety of policies and policy limits that are similar to the City within the past five years. For each reference, Proposer to list as many policies as possible that are similar or same to those referenced in Part II, Table 01 Government clients similar in size to the City and with similar insurance requirements are preferred. Additional references may be submitted as an attachment to show depth of similar experience. PROPOSER IS RESPONSIBLE FOR VERIFYING THAT ALL CONTACT INFORMATION IS UP TO DATE AND ACCURATE. 1 – 5 . Company/Entity Name: Address: City, State, Zip: Project Manager of Company/Entity: Title: Phone No.: Email Address: Start and End date for providing Broker services: Start Date End Date: Proposer to identify each policy brokered to the named reference. Policies referenced in Part II Table 01 Confirm if Provided to named Reference (X) Casualty Insurance with “xxx” Policy coverage: Crime Bond Policy Coverage Accidental Death & Dismemberment (AD & D) Police & Fire EMT Professional Liability Excess Liability-General Liability and Worker’s Compensation Hull & Pollution Special Events Railroad Protective Policy Summer Camps Parks & Recreation General Liability (Tenants) Parks & Recreation Accident Cyber Liability 300 28 Summary of Broker Services provided: 5.3.4. Firm’s Government Client List Provide a complete list of customers that are not confidential. Proposer may use City Form or provide Attachment. Provide a listing of all Accounts listed as Current or Past during the past three years. The City reserves the right to use this list as a source of additional contact information. Submitted as Attachment or Type/Provide Response here: Name of Government Entity Current Account (Y/N) Past Account (Y/N) 5.3.5. Qualifications and Experience of Individuals assigned to City Project/Scope of Work 1. In the table below, Proposer is to identify all Primary Account Executive and team member(s) within their firm that the City will be working with for services in this RFP. Employee Name and Title Does this Employee have CPCU Certification? Years of Experience Years w/ Firm Type of Service this Employee will provide Specialty Training and any Certifications obtained If applicable, indicate if expertise in securing excess insurance (Primary Account Executive for City) (Alternate Account Executive for City) 301 29 2. Proposer to provide the resume of the primary account executive and alternate account executive assigned to the City account. Submitted as Attachment 3. For the primary account executive that is being proposed for the City’s account, include a list of current government accounts being managed and any other similar private accounts. Include the nature of service provided on this list. Submitted as Attachment or Type/Provide Response here: (include employee name and title) 5.4. Qualifications and Experience of Outside Firms (Subcontractors/Subconsultants) Identify if any subcontractors will be used for performance of services and the benefit of using the subcontractor. If the Proposer intends to use the services of any other specialty firms, their role shall be clearly identified in this section. Outside Firms and/or their staff may only be changed with the express prior written permission of the City of Boca Raton. The City of Boca Raton retains the right to approve or reject replacements. The submission should include: 5.4.1. Details on the qualifications of the individual(s) A. Submit resumes, certificates, etc. for the outside firms that are proposed to perform the work for this RFP, including relevant college, graduate or professional training courses, summary of professional experience and experience in similar work. Submitted as Attachment and labeled as 5.4.1. or Proposer to identify that no outside firms/subcontractors will be used, B. Summation of individuals submitted in item 5.4.1, A Name Title / Role in City Project Name of Firm Years of Experience Office Location C. Sub-Consultant Firm Summary 302 30 Firm Name (sub-consultant) Brief statement as to the need for and benefits that the sub consultant will provide Brief Summary of any Past Projects Prima Firm has completed with the Sub- Consultant Submitted as Attachment and labeled as 5.4.1 C or Type/Provide Response above 5.5. Firm History 5.5.1. Proposer's Financial Stability Submit proof of the financial stability of the Proposer and/or provide audited financial statements to substantiate the financial stability of the Proposer. If a financial stability statement is provided, Proposer to also include the name, address, and telephone number of a contact in the company’s principal financing or bank organization who can attest to the financial responsibility of the Proposer. Submitted as Attachment and labeled as 5.5.1 or Response provided as: 5.5.2. Litigation A. Provide a summary of any litigation filed against the Proposer in the past seven years which is related to the services that Proposer provides in the regular course of business. The summary shall state the nature of the litigation, a brief description of the case, the outcome or projected outcome, and the monetary amount involved. If none, state as such. Submitted as Attachment and labeled as 5.5.2 A or Type/Provide Response here: B. Provide a summary of any litigation filed against the sub consultants identified as part of the team in the past seven years which is related to the services that sub consultant provides in the regular course of business. The summary shall state the nature of the litigation, a brief description of the case, the outcome or projected outcome, and the monetary amount involved. If none, state as such. Submitted as Attachment and labeled as 5.5.2 B or Type/Provide Response here: 5.5.3. Contract Termination Provide a summary of any contracts (term contracts and single project) that the Owner provided notice of cancellation to your firm, with or without cause in the past seven years. The summary shall state the name of the Owner, summary of the contract, term of the contract and reason for cancellation. If none, state as such. Submitted as Attachment and labeled as 5.5.3 or Type/Provide Response here: 5.6. SCOPE OF SERVICES/TECHNICAL REQUIREMENTS: This section of the Proposal Response Form should explain the scope of services/technical requirements as understood by the Proposer and detail the approach, activities and work services. This section should demonstrate that the Proposer has knowledge of the City’s scope of services/technical requirements as provided in PART II – STATEMENT OF WORK. 5.6.1. Approach 303 31 5.6.1.1. Explain the firm’s approach to delivering the scope of services as detailed in Part II, with reference to items 2.2.2 – 2.2.13 Include in the response the number of hours the Proposer estimates will be spent on the major lines of coverage: Excess General Liability and Worker’s Compensation, EMT Professional Liability and Cyber Liability. Type/Provide Response here for approach: Type/Provide Response here for estimated hours for Excess General Liability & Workers’ Compensation: Type/Provide Response here for estimated hours for EMT Professional Liability: Type/Provide Response here for estimated hours for Cyber Liability: 5.6.1.2. Describe how your organization is best suited to provide broker services for the City of Boca Raton; how would you differentiate your organization from others in the industry? Type/Provide Response here: 5.6.1.3. Provide examples of strategies and techniques you would use for the City to measure and ensure client satisfaction? Type/Provide Response here: 5.6.2. Statement of Work Compliance Checklist For each item referenced in the Compliance Checklist below, Proposer is to confirm Service Broker can provide service as stated in Scope of Services. If not, indicate with “X” as a deviation. For deviations, provide supporting documentation . Ref No. Item Description Cross Reference from 2.2 Scope of Services Confirm can provide (X) Deviation with Supporting Attachment Provided (X) 1 Marketing 2.2.2 2 Risk Management and Assessment 2.2.3 3 Loss Management 2.2.4 4 Indemnification/Hold Harmless Clause 2.2.5 5 Policy and Insurance Language 2.2.6 6 Use of City Owned Property 2.2.7 7 Excess Insurance 2.2.8 8 Conference meetings 2.2.9.1 9 Account Executive & Team 2.2.9.2 10 Meet or exceed A- rating (required for Excess) 2.2.9.3 Detail any additional services provided at no additional fee that will be included in the Scope of Services for the City that are relevant to a strong insurance / risk mitigation program: Type/Provide Response here: 304 32 5.7. DEVIATIONS TO THE SAMPLE AGREEMENT Indicate any minor exceptions to the Sample Contract/Agreement. The sample agreement is the City’s normal terms and conditions, and deviations are discouraged. Exceptions to the attached Sample Contract/Agreement are business concerns for the City. If your company takes exception to any clause in the sample Contract/Agreement please identify what that exception(s) is/are and how your firm suggests phrasing that clause(s). Depending upon the degree of the exception(s) to the City language, there may be an adverse impact to the evaluation of your proposal. Any deviations to the insurance requirements are to be included in this section. No exceptions taken or Type/Provide Response here: 5.8. ORGANIZATIONAL STRUCTURE FOR PROVIDING THE SERVICES A. Organizational Chart Provide a general organizational chart detailing the Proposers organizational structure. Chart to detail how your firm is structured. At a minimum, Chart/Outline to identify : ♦ names of key individuals identified in item 5.3.5 above ♦ Lines of reporting / communication ♦ name of firm individual is employed by Submitted as Attachment and labeled as 5.8 A or Response provided as: 5.9. BUSINESS OPERATIONS AND PERFORMANCE STANDARDS A. Quality Assurance / Business Operations 1. Indicate what reporting data your firm will include when preparing at-loss reports, insurance market trends and outlook, and risk retention recommendations. Submitted as Attachment or Type/Provide Response here: 2. What is the client mix of the primary servicing office? % Governmental % Private Sector B. Response Times and Commitment to Schedules 1. What types of technology, techniques and/or methods will be used by your firm to track policies so you can ensure that your firm is proactively addressing coverage on a consistent basis? Submitted as Attachment or Type/Provide Response here: 2. Identify the response time and preferred methods for communication for pre, during and post dates of policy coverage. 305 33 Submitted as Attachment or Type/Provide Response here: 3. Indicate all Essential Staff Contact information, Sunday through Saturday, and days and hours they can be contacted by City staff. Identify if cell phone numbers will be provided to the Risk Management Division. Contact Name and Title Email Address Direct Business Phone Cell Phone No. will be provided? Y / N Days and Hours Can be Contacted Primary Account Executive and First Point of Contact: Alternate: 4. Indicate your turn-around time for phone calls and emails from City staff? Type/Provide Response here: 5. Identify office location where Primary executive and team/agents assigned to the City’s account are staffed from. Submitted as Attachment or Type/Provide Response here: 6. What training and educational opportunities does your key staff regularly attend to stay current on trends and industry changes. Submitted as Attachment or Type/Provide Response here: 5.10. ADDITIONAL DATA A. Any additional information which the Proposer considers pertinent for consideration should be included in this section of the proposal. Type/Provide Response here: or Submitted as Attachment and labeled as 5.10 5.11. CONFIDENTIAL DOCUMENTS In accordance with item 1.4, Proposer may elect to submit a redacted version of their RFP response. Redacted version constitutes exact same proposal submitted with confidential sections of proposal shaded or grayed out for public viewing as further detailed in 1.4. Redacted Version Submitted with Summary Sheet? Yes No 306 34 5.12. RFP FORMS (Submitted in Tab D of RFP Response) A. RFP Checklist Submitted as Attachment and labeled as 5.12 A B. Proposer Acknowledgement Form: Proposer to notarize, complete and submit City Provided Form. City provided Proposer Acknowledgement Form notarized, submitted and labeled as 5.12 B C. Drug Free Form City provided Proposer Acknowledgement Form submitted and labeled as 5.12 C D. Vendor Certification Regarding Scrutinized Companies Lists Submitted as Attachment and labeled as 5.12 D E. Corporate Status: If Proposer is a corporation, provide certification from the applicable State verifying Proposer's corporate status and good standing. Submitted as Attachment and labeled as 5.12 E F. Business Tax Receipt: Proposer is to submit a copy or proof of Business Tax Receipt (Formerly Known as Occupational License) from Entity where business is located, if applicable in City, State, County. Submitted as Attachment and labeled as 5.12 F or Type/Provide Response here if not applicable for your City/County: G. Sole Proprietor or Partner: In the case of sole proprietorship or partnership, detail all owners or partners. If not applicable, state as such. Submitted as Attachment and labeled as 5.12 G or Type/Provide Response here: H. Sample Insurance Certificates Provide proof of ability to obtain the levels of insurance as referenced in PART VII – SAMPLE AGREEMENT in areas of Commercial General Liability, Workers’ Compensation, Business Auto and Professional Liability as identified in the RFP. Submitted as Attachment and labeled as 5.12 H I. Applicable Licenses to Provide Services in State of Florida Submitted as Attachment and labeled as 5.12 I / Not Applicable 307 35 J. State of Florida Professional Licenses for the Outside Firms / Subconsultants Submitted as Attachment and labeled as 5.12 J K. Signed City Addendums (as applicable) Submitted as Attachment and labeled as 5.12 K L. Electronic Submittal – Validation of Company Name in Electronic Bidding System Any Proposer submitting an electronic RFP response: Proposer confirms that their Company Profile matches the Federal ID Number and name of Proposer as submitted in your uploaded RFP response and Proposer Acknowledgement Form. By clicking on the RESPONSE SUBMISSION tab in the electronic bidding system, Proposer can review their profile name. Company Profile may be updated by going to MY Profile. Confirmed, validation of Company Name in Electronic Bidding System matches Proposer Acknowledgement Form 308 36 5.12. A PROPOSAL CHECKLIST RFP 2021-002 Broker Services for Casualty and Excess Insurance (to be submitted with RFP response) Proposers Checklist All proposals should be tabbed and submitted in the format identified in the Instructions for Preparing Proposals. Failure to submit the identified information in the format identified below may cause the proposal to be rejected as non responsive. The checklist form is provided as a guide for the Proposer to assist in the submission of the RFP in accordance with the submittal instructions. Proposer is responsible for carefully reviewing the requirements to assure that the necessary documents are responded to and provided. Tab: A. PART V – PROPOSAL RESPONSE FORM, including Minimum Qualifications B. Attachments for PART V – PROPOSAL RESPONSE FORM (labeled) C. PART VI – PRICE PROPOSAL FORM D. 5.12 RFP Forms Number of copies to be submitted are as stated in Item 1.3 of the RFP. The following forms have been manually signed: Proposer Acknowledgement Form Drug Free Form Proposal Checklist form Price Proposal Form Proposer Certification Regarding Scrutinized Companies Name of Proposer: / Signature: 309 37 5.12. B PROPOSER ACKNOWLEDGMENT FORM RFP 2021-002 Broker Services for Casualty and Excess Insurance This form must be signed in the presence of a Notary Public or other officer authorized to administer oaths and submitted with the RFP package on the specified RFP opening date. The undersigned Proposer certifies that this Proposal package is submitted in accordance with the specifications in its entirety and with full understanding of the conditions governing this Proposal. Proposer must submit proof that their firm name as “Individual”, “Partner” or “Corporation” is registered with their State of origin. ACKNOWLEDGEMENT IF REDACTED VERSION OF RFP WAS ELECTED TO BE SUBMITTED: YES NO (No, Not submitted) Name of Proposer: (Firm Name as Registered with their State of origin) Federal I.D. No.: Above Proposer is: (___) Corporation (___) Limited Liability Corporation (___) Sole Proprietorship (___) Partnership/Joint Venture Business Address: Street Address : (P.O. Box Address is not permitted) City, State, Zip: Mailing Address: (___) check if same as Business Address above Street Address: City, State, Zip: Business Phone No: Authorized Signer: Name of Authorized Signer: Title of Authorized Signer: President or other Authorized Officer/Member/Manager Email for Authorized Signer: Authorized Written Signature: _____________________________________________ Notary: STATE OF: ______________________ COUNTY OF ___________________________________ 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). NOTARY PUBLIC SIGNATURE: ______________________________ NOTARY NAME: ___________________________________________ Commission Number: __________________________ My Commission Expires: _____________________ 310 38 5.12. C RFP No. 2021-002 Broker Services for Casualty and Excess Insurance DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that does: (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee’s community by, any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Proposer’s Signature Date 311 39 5.12. D RFP No. 2021-002 Broker Services for Casualty and Excess Insurance Proposer Certification Regarding Scrutinized Companies Proposer Name: ________________________________________________________ Proposer FEIN: _____________________________ _________________________________________/____________________________ Proposer’s Authorized Representative Name and Title Address: ____________________________________________________________ City: ____________________________State: __________________Zip:___________ Telephone Number: _____________________________________________________ Email Address: _________________________________________________________ Proposer acknowledges that Section 287.135, Florida Statutes, prohibits the City from contracting for goods or services of any amount with companies that are on the Scrutinized Companies that Boycott Israel List (contained in Section 215.4725, Florida Statutes) or are engaged in a boycott of Israel. As the person authorized to sign on behalf of the Proposer, I hereby certify that the Proposer is not on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. On behalf of Proposer, I acknowledge and understand that, pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject the Proposer to civil penalties, attorney’s fees, and/or costs, and other damages or relief, as allowed by law. I further understand that the City may terminate an agreement if the City determines that the Proposer submitted a false certification. ___________________________________________ *Signature of Authorized Representative ____________________________________________ *Name and Title of Authorized Representative *This individual must have the authority to bind the Proposer. 312 40 STATEMENT OF NO RESPONSE RFP NO. 2021-002 Broker Services for Casualty and Excess Insurance NO BID RESPONSE MAY ALSO BE SUBMITTED ELECTRONICALLY FOR REGISTERED BIDDERS If you are not proposing on this service/commodity, please complete and return this form to: City of Boca Raton Purchasing Division, 201 W. Palmetto Park Road, Boca Raton, Florida 33432. Failure to respond may result in deletion of your firm's name from the vendor database for the City of Boca Raton. COMPANY NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: We, the undersigned have declined to submit a proposal on the above because of the following reasons: We do not offer this product, service or an equivalent Our schedule would not permit us to perform Unable to meet requirements of RFP Other (specify below) REMARKS: 313 41 PART VI – PRICE PROPOSAL FORM RFP 2021-002 Broker Services for Casualty and Excess Insurance Part I: Proposer shall propose an all inclusive annual service fee for all services identified in Request for Proposal 2021-002, including all policies listed in Table 01. The all inclusive annual service fee shall include any costs for travel, lodging and any other miscellaneous expenses. The all inclusive annual service fee paid to the Awarded Proposer is to be the only remuneration accepted by the Awarded Proposer for service fees in relation to the Agreement. $_ ___________________ Annual all inclusive service fee (annual rate applies to year 1, 2 and 3) Part II: For renewal years (Year 4 and thereafter contingent on renewal): Annual escalation fees shall be tied to a CPI Index, that is capped at 5%. Any year the CPI index is in excess of 5%, the annual increase shall not exceed 5%. Any deviation to the renewal language as fully detailed in the Agreement to be detailed below. Renewal language accepted Renewal language deviation proposed: Part III: For any new policy placements beyond the City’s current insurance policies (policies listed in Table 01), fees shall be expressed as a percentage (%) of premium. Percentage (%) of premium Part IV: As detailed in the Agreement, in the event Awarded Proposer is called on to provide expert advice and/or expert witness testimony in any court or administrative proceeding arising from or related to the Awarded Proposer provided services under this agreement, Awarded Proposer shall provide those services at the hourly rates set out above. Proposer to provide their hourly rate for expert witness testimony $ /hour Part V: To ensure absolute transparency in terms of all forms of income Awarded Proposer would receive to ensure all costs are identified, Awarded Proposer shall identify any additional anticipated monetary sources that would be received for placing the insurance lines in this RFP. This would include all possible sources of compensation, including, but not limited to, direct or indirect compensation, current and future compensation, placement or administrative fees, rebates, contingent commissions, renewal commissions, service fees, and any other form of compensation. If none, state “none”. Transparency statement: Submitted by: Proposer Name: 314 42 PART VII – SAMPLE AGREEMENT AGREEMENT FOR PROFESSIONAL SERVICES AGREEMENT NO. 2021-002 THIS AGREEMENT made and entered into this _________ day of ____________, 20 , by and between the City of Boca Raton, a municipal corporation of the State of Florida, hereinafter referred to as CITY, and , a corporation hereinafter referred to as SERVICE BROKER: WHEREAS, the CITY intends to enter into a non-exclusive agreement for the provision of professional brokerage services for casualty and excess insurance by the SERVICE BROKER to the CITY; and WHEREAS, the SERVICE BROKER represents that it is capable and prepared to provide such Services; and WHEREAS, the parties hereto also desire that this Agreement shall be construed to authorize the CITY to request, and the SERVICE BROKER to provide, expert witness services in connection with court proceedings arising out of projects in which the SERVICE BROKER provided professional insurance services at the hourly rates set out in Attachment B, which is attached hereto and incorporated by reference as part of this Agreement. NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: ARTICLE 1 - EFFECTIVE DATE AND RENEWALS The effective date of this Agreement shall be 10 days after approval by the City Council and shall thereafter run for a three (3) year term, with the option to renew for three (3) additional one year periods, subject to cancellation as provided herein. The agreement may be extended at the CITY’S option for a defined period of time, not to exceed twelve (12) months. The CITY reserves the right to keep policies and their dates of coverage in effect that were entered into prior to expiration or non renewal of Agreement. ARTICLE 2 - SERVICES TO BE PERFORMED BY SERVICE BROKER The SERVICE BROKER shall perform the services as specifically stated in the Scope of Services, (Attachment A), and as may be specifically designated and additionally authorized by the CITY. Any amendments to this Agreement shall be subject to approval of the City Manager or City Council as provided for in the CITY’S Code of Ordinances. ARTICLE 3 - COMPENSATION SERVICE BROKER shall be fully compensated for services in this Agreement in accordance with Attachment B, Compensation for Services, which is attached hereto and incorporated by reference as part of this Agreement. The annual service fee in Attachment B, Compensation for Services shall remain firm for the initial three years of the contract. No cost increases shall be accepted in this three year term. Thereafter, any renewals which may be approved by the City may be subject to an annual adjustment based on the latest yearly percentage increase or decrease of the Consumer Price Index for All Urban Consumers (CPI-U) (All Items) for Miami-Fort Lauderdale, as published by the Bureau of Labor Statistics, U.S. Department of Labor for the ____ publication for the then current year. Either the SERVICE BROKER or the CITY shall provide the other with a written request for an annual adjustment to the annual service fee. Any request for an annual adjustment by either party shall be provided to the other party no later than 60 calendar days prior to each renewal year of the agreement, and provided to the attention of the project contact as identified in Article 24, It shall be the responsibility of the sender to confirm receipt of the annual adjustment request. The Deputy City Manager or designated representative will provide to the SERVICE BROKER a start date for the use of the updated annual fees, along with a copy of the updated Compensation, which shall become an amendment to this Agreement. ARTICLE 4 - STANDARD OF CARE 315 43 SERVICE BROKER shall exercise the same degree of care, skill, and diligence in the performance of the Services as is ordinarily provided by a professional Service Broker, under similar circumstances and SERVICE BROKER shall, at no additional cost to the CITY, re-perform services which fail to satisfy the foregoing standard of care. ARTICLE 5 – INDEMNIFICATION SERVICE BROKER shall defend, indemnify and hold harmless the CITY, its officers, and employees from liabilities, damages, losses and costs, including, but not limited to reasonable attorney’s fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of SERVICE BROKER and persons employed or utilized by SERVICE BROKER in the performance of this agreement. Any costs and expenses, including attorney’s fees, appellate, bankruptcy or defense counsel fees incurred by the CITY to enforce this Indemnification Clause shall be borne by the SERVICE BROKER. This Indemnification Clause shall continue indefinitely and survive the cancellation, termination, expiration, lapse or suspension of this Agreement. ARTICLE 6 - INDEPENDENT CONTRACTOR SERVICE BROKER undertakes performance of the Services as an independent contractor and shall be wholly responsible for the methods of performance. The CITY shall have no right to supervise the methods used, but the CITY shall have the right to observe such performance. SERVICE BROKER shall work closely with the CITY in performing Services under this Agreement. The SERVICE BROKER shall not receive any City benefits, stipend or privileges afforded to City employees. ARTICLE 7 - COMPLIANCE WITH LAWS In performance of the Services, SERVICE BROKER will comply with applicable regulatory and other applicable requirements including federal, state, county and local laws, rules regulations, orders, codes, criteria and standards. Further, SERVICE BROKER acknowledges and without exception or stipulation shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the awarded firm to comply with the laws referenced herein shall constitute a breach of the award agreement and the City shall have the discretion to unilaterally terminate said agreement. ARTICLE 8 - INSURANCE During the performance of the Services under this Agreement, SERVICE BROKER shall maintain the following insurance policies, and provide originals or certified copies of all policies, and such coverages shall be written by an insurance company authorized to do business in Florida. WORKER'S COMPENSATION The SERVICE BROKER agrees to maintain its own Worker’s Compensation & Employers Liability Insurance in compliance with Florida Statute 440. (NOTE: Elective exemptions or coverage through an employee leasing arrangement will NOT satisfy this requirement). COMMERCIAL GENERAL LIABILITY SERVICE BROKER agrees to maintain Commercial General Liability at a limit of liability not less than $1,000,000 Each Occurrence, $2,000,000 Annual Aggregate. SERVICE BROKER agrees its coverage will not contain any restrictive endorsement(s) excluding or limiting Product/Completed Operations, Independent Contractors, Broad Form Property Damage, X- C-U Coverage, Contractual Liability, Cross Liability or Separation of Insureds. The SERVICE BROKER agrees any self-insured retention or deductible shall not exceed $25,000. Additional Insured Endorsements The SERVICE BROKER agrees to endorse the City of Boca Raton as an Additional Insured on the Commercial General Liability policy on a primary and non-contributory basis with CG 20 10 04 13 endorsement or ISO equivalent. BUSINESS AUTOMOBILE LIABILITY SERVICE BROKER agrees to maintain Business Automobile Liability at a limit of liability not less than $500,000 Each Occurrence. Coverage shall include liability for Owned, Non-Owned & Hired automobiles. In the event SERVICE BROKER does not own automobiles, SERVICE BROKER agrees to maintain coverage for Hired & Non-Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy. In the event that the SERVICE BROKER does not own any vehicles, we will accept hired and non-owned coverage in the amounts listed above. In addition, we will require an affidavit signed by the SERVICE BROKER indicating the following: 316 44 ____________________________________________ does not own any vehicles. "Company Name" In the event we acquire any vehicles throughout the term of his Contract/Agreement, ____________________________________________ agrees to purchase "Any Auto" or "Company Name" Comprehensive Form coverage as of the date of acquisition. SERVICE BROKER’s Signature: _____________________________________________________ PROFESSIONAL LIABILITY/ERRORS AND OMISSIONS The SERVICE BROKER shall procure and maintain, for the life of this Contract/Agreement either Professional Liability Insurance or Errors and Omissions Insurance. This coverage is for damages arising out of the insured's negligence, mistakes or failure to take appropriate action in the performance of business or professional duties. This coverage shall be on a "Claims Made" basis and kept for 2 years after completion. The minimum limits of coverage shall be $1,000,000 per claim with a deductible of no more than $25,000. SUPPLEMENTAL PROVISIONS 1. The insurance policy coverage as outlined herein shall remain in effect for the entire contract period. In the event of coverage cancellation, non-renewal, material change, modification or lapse of coverage, SERVICE BROKER shall notify the City within thirty (30) business days with written notice of such to the Purchasing Division by fax to 561-393-7983. 2. All renewal or replacement certificates of insurance specific to the contract/agreement/award shall be forwarded to the City of Boca Raton Purchasing Division with a copy to the Boca Raton Department as identified in the Purchase Order/Agreement. Original certificates to be sent attention of City of Boca Raton, Purchasing Division, 201 W. Palmetto Park Road, Boca Raton, FL 33432. SUBCONSULTANT / SUBCONTRACTOR’S INSURANCE The SERVICE BROKER shall require each of his subcontractors to take out and maintain during the life of his subcontract the same insurance coverages required of the successful SERVICE BROKER. Each subcontractor shall furnish to the successful SERVICE BROKER two copies of the Certificate of Insurance, and successful SERVICE BROKER shall furnish one copy of the Certificate to the City of Boca Raton. ARTICLE 9 - CITY'S RESPONSIBILITIES The CITY shall be responsible for providing reasonably required access to all project sites, and providing information on hand, including any data available in the files of the CITY. ARTICLE 10 - TERMINATION OF AGREEMENT Upon termination and as directed by the CITY, the SERVICE BROKER shall deliver to the CITY all original papers, records, documents, drawings, and other material set forth and described in this Agreement, including those described in Article 18, that are in SERVICE BROKER’S possession or under its control arising out of or relating to this Agreement and shall become the property of the CITY per Article 18. 10.1 Termination With Cause The obligation to continue services under this Agreement may be terminated for cause by either party upon seven (7) days written notice of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. 10.2 Termination Without Cause CITY shall have the right to terminate this Agreement or suspend performance thereof without cause for the CITY’s convenience upon fourteen (14) days written notice to SERVICE BROKER, and SERVICE BROKER shall terminate or suspend performance of services on a schedule acceptable to CITY or at the end of this fourteen (14) day period, at the option of the CITY. In the event of termination or suspension for CITY’s convenience, CITY shall pay SERVICE BROKER for all services performed through the date of notice of termination or suspension. 10. 3 Termination For Governmental Non-Appropriations 317 45 The obligation of the CITY for payment to a SERVICE BROKER is limited to the availability of funds appropriated in a current fiscal period. Continuation of the contract into a subsequent fiscal period is subject to appropriation of funds, unless otherwise authorized by law and contract, and shall be terminated without penalty to the CITY and without any default upon the last day in which funds were last appropriated. ARTICLE 11 - NONDISCLOSURE OF PROPRIETARY INFORMATION SERVICE BROKER shall consider all information provided by CITY and all reports, studies, calculations, and other documentation resulting from the SERVICE BROKER's performance of the Services to be proprietary unless such information is available from public sources or is a public record under Florida law. SERVICE BROKER shall not publish or disclose proprietary information for any purpose other than the performance of the Services without the prior written authorization of CITY or in response to legal process. ARTICLE 12 – UNCONTROLLABLE FORCES Neither the CITY nor SERVICE BROKER 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, Acts of God and governmental actions. Neither party shall, however, be excused from performance if nonperformance is due to forces which are preventable, removable, or remediable and which the non-performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. ARTICLE 13 - GOVERNING LAW / VENUE / WAIVER OF JURY TRIAL This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County and the Agreement will be interpreted according to the laws of Florida. BY ENTERING INTO THIS AGREEMENT, SERVICE BROKER AND CITY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. ARTICLE 14 - MISCELLANEOUS 14.1 Nonwaiver A waiver by either CITY or SERVICE BROKER of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing and duly signed by both parties to this agreement. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. 14.2 Severability The invalidity, illegality, or unenforceability of any provision of this Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void or voidable, shall in no way affect the validity or enforceability of any other portion or provision of the Agreement. Any void or voidable provision shall be deemed severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. The parties further agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent the entire Agreement from being held void should a provision which is of the essence of the Agreement be determined to be void by a court of competent jurisdiction. 14.3 Political Campaigns During the term of this Agreement, the SERVICE BROKER or any employee or associate, shall not be involved in any political campaign for City elective office nor make financial contribution to any such campaign. 318 46 14.4 Conflict of Interest Neither SERVICE BROKER nor its employees or its subconsultant(s) shall have or hold any continuing or frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with SERVICE BROKER’s loyal and conscientious exercise of judgment related to its performance under this Agreement. ARTICLE 15 - INTEGRATION AND MODIFICATION This Agreement is adopted by the CITY and SERVICE BROKER as a final, complete and exclusive statement of the terms of the Agreement between the CITY and SERVICE BROKER. This Agreement supersedes all prior agreements, contracts, proposals, representations, negotiations, letters or other communications between the CITY and SERVICE BROKER pertaining to the Services, whether written or oral. Policies written under this Agreement may be bound and signed by the City Manager or designee. The Agreement may not be modified unless such modifications are evidenced by an amendment in writing signed by both the CITY and SERVICE BROKER. ARTICLE 16 - SUCCESSORS AND ASSIGNS The CITY and SERVICE BROKER each binds itself and its director, officers, partners, successors, executors, administrators, assigns and legal representatives to the other party to this Agreement. Any assignment, sale, pledge or conveyance of this contract by SERVICE BROKER must be previously approved in writing by the CITY, whose consent may be reasonably withheld. ARTICLE 17 - CONTINGENT FEES The SERVICE BROKER warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the SERVICE BROKER to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the SERVICE BROKER, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. ARTICLE 18 - OWNERSHIP OF DOCUMENTS SERVICE BROKER shall be required to work in harmony with other agents/brokers relative to providing information requested in a timely manner and in the specified form. Any and all documents, records, disks, original drawings, or other information prepared under this Agreement shall become the property of the CITY upon completion, for its use and distribution as may be deemed appropriate by the CITY. ARTICLE 19 – MAINTENANCE OF RECORDS SERVICE BROKER will keep adequate records and supporting documentation which concern or reflect the Services hereunder. The records and documentation will be retained by SERVICE BROKER for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the policy is completed, whichever is later, or such later date as may be required by law. ARTICLE 20 – PUBLIC RECORDS . The City of Boca Raton is a public agency subject to Chapter 119, Florida Statutes. This Contract requires SERVICE BROKER to provide services, and therefore SERVICE BROKER shall comply with Section 119.0701, Florida Statutes. Specifically, SERVICE BROKER shall: 1) Keep and maintain all public records related to the performance of the services. 2) 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 that provided in chapter 119, Florida Statutes, or as otherwise provided by law. 3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract. 319 47 4) Upon completion or other termination of the contract, keep and maintain the public records required by the CITY to perform the services. SERVICE BROKER shall meet all applicable requirements for retaining public records set out in Florida law. 5) In addition to maintaining the records pursuant to Paragraph Number 4 above, provide to the City all records that were stored electronically by SERVICE BROKER, upon request from the CITY’s custodian of public records, in a format that is compatible with the information technology systems of the CITY. B. The failure of SERVICE BROKER to comply with the provisions set forth in this Article, or to comply with the City’s request for records, shall constitute a default and breach of this Agreement, and the CITY shall, in its discretion, pursue any and all remedies against SERVICE BROKER provided for under this contract or at law. C. IF SERVICE BROKER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO SERVICE BROKER’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 561-393-7740, BRCITYCLERK@MYBOCA.US, CITY HALL, CITY CLERK, 201 W. PALMETTO PARK ROAD, BOCA RATON, FL 33432. ARTICLE 21 – PUBLIC ENTITY CRIMES By its execution of this Agreement, SERVICE BROKER acknowledges that it has been informed by CITY of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "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, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or SERVICE BROKER under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." ARTICLE 22 - LICENSES SERVICE BROKER shall comply with all federal, state, and county licensing requirements and shall comply with all provisions of the City of Boca Raton licensing requirements. SERVICE BROKER shall possess all qualifications, licenses and expertise requirement for the performance of services under this agreement, including but not limited to, full qualification and good standing to do business in Florida. ARTICLE 23 - SCRUTINIZED COMPANIES A. Pursuant to Section 287.135, SERVICE BROKER is ineligible to enter into, or renew, this Agreement if SERVICE BROKER is on the Scrutinized Companies that Boycott Israel List (as identified in Section 215.4725, Florida Statutes), or is engaged in a boycott of Israel. B. By entering into this Agreement, SERVICE BROKER certifies that SERVICE BROKER is not on the Scrutinized Companies that Boycott Israel List, and that SERVICE BROKER is not engaged in a boycott of Israel. SERVICE BROKER acknowledges that SERVICE BROKER executed a certification to this effect at the time it submitted a response to the City’s Request for Proposal and that such certification was likewise accurate at the time of execution of this Agreement. C. SERVICE BROKER shall notify the City if, at any time during the term of this Agreement, SERVICE BROKER is placed on the Scrutinized Companies that Boycott Israel List, or that SERVICE BROKER is engaged in a boycott of Israel. Such notification shall be in writing and provided by SERVICE BROKER to the City within ten (10) days of the date of such occurrence. 320 48 D. In the event the City determines, using credible information available to the public, that SERVICE BROKER has submitted a false certification or SERVICE BROKER is found to have been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel, the City may, in its sole discretion, terminate this Agreement and seek a civil penalty, and other damages and relief, against SERVICE BROKER, pursuant to Section 287.135, Florida Statutes. In addition, the City may pursue any and all other legal remedies against SERVICE BROKER. E. SERVICE BROKER shall not seek damages, fees, or costs against the City in the event the City terminates the Agreement pursuant to this provision. ARTICLE 24 – E-VERIFY By entering into this Contract/Agreement, the SERVICE BROKER becomes obligated to comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility." This includes but is not limited to utilization of the E-Verify System to verify the work authorization status of all employees hired after January 1, 2021 (as well as contractual employees whose contract is renewed after January 1, 2021), and requiring all subcontractors/subconsultants to provide an affidavit attesting that the subcontractor/subconsultant does not employ, contract with, or subcontract with, an unauthorized alien. Failure to comply will lead to termination of this Contract/Agreement, or if a subcontractor/subconsultant 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 20 calendar days after the date of termination. If this Contract/Agreement is terminated for a violation of the statute by the SERVICE BROKER, the SERVICE BROKER may not be awarded a public contract for a period of 1 year after the date of termination. Should SERVICE BROKER violate the requirements of Section 448.095, Fla. Stat., they shall be liable for any additional costs incurred by the City as a result of the termination of the Contract. ARTICLE 25 - NOTICE Any notice, demand, communication, or request required or permitted hereunder shall be in writing and delivered in person or sent by certified mail, postage prepaid as follows: As To CITY City of Boca Raton Risk Management Division 201 W. Palmetto Park Road Boca Raton, FL 33432 Phone: 561-393-7970 Email: smoy@myboca.us Attention: Stanley Moy, Risk Manager As to SERVICE BROKER: Attention: Notices shall be effective when delivered to the address specified above. Changes in the respective addresses to which such notice may be directed may be made from time to time by any party by written notice to the other party. Email is acceptable notice effective when received. The original of the notice must additionally be mailed as required herein. Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of SERVICE BROKER and CITY. ARTICLE 26 – PROJECT TEAM Insert primary team members Project Team members may be changed only with the prior written approval of the CITY Risk Manager. 321 49 ARTICLE 27 – USE OF SUBCONSULTANTS OR SUBCONTRACTORS SERVICE BROKER is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the SERVICE BROKER shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the SERVICE BROKER by the terms of this Agreement and to assume toward the SERVICE BROKER all the obligations and responsibilities which the SERVICE BROKER, by this Agreement and any subsequently issued Work Order, assumes toward the CITY. Each subconsultant or subcontract agreement shall preserve and protect the rights of the CITY under this Agreement, and any subsequently issued Work Order, with respect to the Services to be performed by the subconsultant or subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights. The SERVICE BROKER shall require each subconsultant or subcontractor to enter into similar agreements with its sub- subconsultants or sub-subcontractors. SERVICE BROKER acknowledges and agrees that nothing in this Agreement shall be construed to create any contractual relationship between CITY and any subconsultant or subcontractor. IN WITNESS WHEREOF, the City of Boca Raton, at a regular meeting thereof, by action of the City Council directing the foregoing to be adopted, has caused these presents to be signed by the Mayor, and has executed this contract, all as of the day and year first above written. CITY OF BOCA RATON Date: ________________________________ Attest: By: _______________________________ City Clerk Name: Scott Singer Title: Mayor Approved as to Form and Legal Sufficiency: By: City Attorney NAME OF BROKER’S ORGANIZATION Attest: Date: _______________________________ By: Corporate Secretary Signature (Affirm Corporate Seal) (Seal) Name: Title: President (or other duly authorized Officer) (Attach Resolution/Bylaw of authorization if no President) Approved by City Council on , 20 , Item # 322 50 ATTACHMENT A SCOPE OF SERVICES 323 51 ATTACHMENT B COMPENSATION FOR SERVICES 324 52 EXHIBIT A – CURRENT CITY POLICIES PROVIDED AS SEPARATE ATTACHMENT FOR INFORMATION PURPOSES ONLY 325 53 EXHIBIT B – Redacted Version of Proposal Cover Sheet Confidential Documents – Redacted Version of Proposal Cover Sheet Any Proposer that elects to invoke exemptions to disclosure provided by Florida law in the response to the RFP is required to submit a redacted version of the RFP. For the purposes of this proposal a “Redacted” version of Proposer’s Proposal response shall mean Proposer is to provide an exact replica of their firm’s original Proposal response with areas of their Proposal response “blacked-out” or “shaded-out” that they deem “Confidential” or “Exempt” under Florida State Statute(s). This redacted version shall be provided as follows: 1. In addition to the one (1) original and three (3) copies, Proposer to provide an extra copy of the Proposal, clearly marked as “Redacted” on the front cover. 2. On the inside cover of the redacted version there shall be a summary sheet(s) detailing the sections, parts, and or pages redacted. Proposer to utilize the chart and format as provided below. 3. For each section of the Proposal that is redacted, Proposer is to state the reason why such exclusion from public disclosure is necessary and cite the legal basis for each exemption with a specific statutory citation for such exemption. Redaction Identification Page No. Section No. and General Statement of section being redacted as authorized by Florida Law Florida Statute Detailed Explanation of Legal Basis for Redaction Florida Statute Section 119.071 sets forth general exemptions to the inspection and copying of public records. Additionally, trade secrets, as defined in Florida Statute Section 812.081 are confidential and exempt from the public records law pursuant to Florida Statute Section 815.045. Copyrighted material is not excluded from the definition of “public record.” It will be the responsibility of the Proposer to elect and to submit a redacted version of their Proposal response. NOTE: In the event that the Proposer elects not to submit a redacted version of their Proposal, in accordance with RFP Section 1-4, the entire Proposal, without exclusion, will be made available as a public record. The City shall not be held responsible for any pages marked as confidential submitted within the RFP response that are not identified in the redacted version supplied to the City. 326 RFP 2021-002 RANKING FORM Broker Services for Casualty and Excess Insurance Phase II Ranking RANK COMMITTEE MEMBERS AJ Gallaher The Gehring Group World Risk Management Danielle Olson 2 1 3 Stan Moy 3 1 2 Sivan Alamary 1 2 3 Total 6 4 8 Rank 2 1 3 SCORE COMMITTEE MEMBERS AJ Gallaher The Gehring Group World Risk Management Danielle Olson 87 100 83 Stan Moy 85 99 94 Sivan Alamary 85 78 70 Total 257 277 247 Total 86 92 82 Signatures ("X"for SC signutares on Eval page) Danielle Olson Stan Moy Sivan Alamary NAME OF PROPOSER NAME OF PROPOSER 327 STAY CONNECTED -AN EQUAL OPPORTUNITY EMPLOYER - RISK MANAGEMENT DIVISION 201 WEST PALMETTO PARK ROAD • BOCA RATON, FL 33432 PHONE (561) 393-7700 (FOR HEARING IMPAIRED) TDD (561) 367-7043 www.myboca.us March 11, 2024 The Gehring Group Kurt N. Gehring, President and CEO 3500 Kyoto Gardens Drive Palm Beach Gardens, FL 33410 kurt.gehring@gehringgroup.com SUBJECT: Agreement RFP No. 2021-002, Broker Services for Casualty and Excess Insurance Renewal Number 1 Dear Mr. Gehring, The above subject agreement is due to expire on April 22, 2024. The original agreement included the option to renew for three (3) additional one-year periods. A price increase of 5% was made by written request pursuant to Article 3 of the Agreement. This is commensurate with the CPI-U (Miami) of December 2023 which is 5.7%, and Article 3 which has a cap of not to exceed 5%. Please sign below if a one-year renewal of the above subject agreement for the upcoming renewal period of April 23, 2024 through April 22, 2025, with a 5% increase to the annual service fee, is acceptable. Please complete and return this form to my attention no later than March 29, 2024. Your response may be emailed to me at rignoffo@myboca.us. The City will also need updated insurance certificates (Worker’s Compensation, Commercial General Liability, and Business Automobile Liability Insurance) with the City of Boca Raton named as an additional insured for General Liability. Sincerely, Richard Ignoffo III Risk Manager ____________________________________________________________________________ __________________________________ ___________________ Authorized Company Signature Date __________________________________ Name (Print) / Title The Gehring Group, Inc. Kurt N. Gehring, President & CEO March 14, 2024 328 of Boca 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Inn p rated l925 4`1 . RESOLUTION 51-2021 A RESOLUTION OF THE CITY OF BOCA RATON AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE GEHRING GROUP, INC. FOR THE PURPOSE OF BROKER SERVICES FOR CASUALTY AND EXCESS INSURANCE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Boca Raton desires to enter into an agreement with The Gehring Group, Inc. for the purpose of broker services for casualty insurance and excess insurance; and WHEREAS, such agreement has been prepared and a copy thereof is attached hereto; now therefore RATON: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOCA 1 329 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Section 1. That the Mayor and City Clerk be authorized to execute the agreement with The Gehring Group, Inc., a copy of which is attached hereto, together with such nonmaterial changes as may be acceptable to the City Manager. Section 2. That an expenditure in an annual amount not to exceed $40,000 for the purpose of broker services is hereby authorized, subject to authorization of additional expenditures pursuant to the Procurement Code of the City of Boca Raton. Section 3. That, pursuant to Section 3- 107 of the City' s Procurement Code, a waiver of procurement is authorized for the procurement of casualty and excess insurance because it is in the best interests of the City to obtain such insurance coverages through existing insurance market methods (which may not be obtainable through normal procurement processes). Section 4. That the City Manager or designee is authorized to execute insurance binders and any other documents related to the acquisition of insurance brokered under the agreement. Section 5. If any section, subsection, clause or provision of this resolution is held invalid, the remainder shall not be affected by such invalidity. Section 6. All resolutions or parts of resolutions in conflict herewith shall be and hereby are repealed. Section 7. This resolution shall take effect 10 days after adoption. 9 PASSED AND ADOPTED by the City Council of the City of Boca Raton this day of , 2021. ATTEST: CITY OF BOCA RATON, FLORIDA se4 dl A - Scott Singer, Maygr 2 330 COUNCIL MEMBERS YE5, NO ABSTAINED MAYOR SCOTT SINGER DEPUTY MAYOR ANDREA LEVINE O'ROURKE COUNCIL MEMBER YVETTE DRUCKER COUNCIL MEMBER MONICA MAYOTTE R; COUNCIL MEMBER ANDY THOMSON 331 AGREEMENT FOR PROFESSIONAL SERVICES AGREEMENT NO. 2021-002 J THIS AGREEMENT made and entered into this a C day ofAvk 2021, by and between the City of Boca Raton, a municipal corporation of the State of Flori a, he inafter referred to as CITY, and The Gehring Group, Inc., a Florida corporation hereinafter referred to as SERVICE BROKER: WHEREAS, the CITY intends to enter into a non-exclusive agreement for the provision of professional brokerage services for casualty and excess insurance ("Services") by the SERVICE BROKER to the CITY; and WHEREAS, the SERVICE BROKER represents that it is capable and prepared to provide such Services; and WHEREAS, the parties hereto also desire that this Agreement shall be construed to authorize the CITY to request, and the SERVICE BROKER to provide, expert witness services in connection with court proceedings arising out of projects in which the SERVICE BROKER provided Services at the hourly rates set out in Attachment B, which is attached hereto and incorporated by reference as part of this Agreement. NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: ARTICLE 1 - EFFECTIVE DATE AND RENEWALS The effective date of this Agreement shall be 10 days after approval by the City Council and shall thereafter run for a three (3) year term, with the option to renew for three (3) additional one year periods, subject to cancellation as provided herein. The agreement may be extended thereafter at the CITY's option for a defined period of time, not to exceed twelve (12) months. The CITY reserves the right to keep policies and their dates of coverage in effect that were entered into prior to expiration or non renewal of Agreement. ARTICLE 2 - SERVICES TO BE PERFORMED BY SERVICE BROKER The SERVICE BROKER shall perform the services as specifically stated in the Scope of Services, Attachment A), and as may be specifically designated and additionally authorized by the CITY. Any amendments to this Agreement shall be subject to approval of the City Manager or City Council as provided for in the CITY's Code of Ordinances. ARTICLE 3 - COMPENSATION SERVICE BROKER shall be fully compensated for Services in this Agreement in accordance with Attachment B, Compensation for Services, which is attached hereto and incorporated by reference as part of this Agreement. The annual service fee in Attachment B, Compensation for Services shall remain fixed for the initial three years of the Agreement. No cost increases shall be accepted in this three year term. Thereafter, any renewals which may be approved by the CITY may be subject to an annual adjustment based on the latest yearly percentage increase or decrease of the Consumer Price Index for All Urban Consumers (CPI-U) (All Items) for Miami- Fort Lauderdale -West Palm Beach, as published by the Bureau of Labor Statistics, U.S. Department of Labor for the December publication for the then current year, not to exceed 5%. Either the SERVICE BROKER or the CITY shall provide the other with a written request for an annual adjustment to the annual service fee. Any request for an annual adjustment by either party shall be provided to the other party no later than 60 calendar days prior to each renewal year of the agreement and provided to 332 the attention of the project contact as identified in Article 24, It shall be the responsibility of the sender to confirm receipt of the annual adjustment request. The Deputy City Manager or designated representative will provide to the SERVICE BROKER a start date for the use of the updated annual fees, along with a copy of the updated compensation, which shall become an amendment to this Agreement. ARTICLE 4 - STANDARD OF CARE SERVICE BROKER shall exercise the same degree of care, skill, and diligence in the performance of the Services as is ordinarily provided by a professional Service Broker, under similar circumstances and SERVICE BROKER shall, at no additional cost to the CITY, re -perform Services which fail to satisfy the foregoing standard of care. ARTICLE 5 — INDEMNIFICATION SERVICE BROKER shall defend, indemnify and hold harmless the CITY, its officers, and employees from liabilities, damages, losses and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of SERVICE BROKER and persons employed or utilized by SERVICE BROKER in the performance of this agreement. Any costs and expenses, including attorney's fees, appellate, bankruptcy or defense counsel fees incurred by the CITY to enforce this Indemnification Clause shall be borne by the SERVICE BROKER. This Indemnification Clause shall continue indefinitely and survive the cancellation, termination, expiration, lapse or suspension of this Agreement. ARTICLE 6 - INDEPENDENT CONTRACTOR SERVICE BROKER undertakes performance of the Services as an independent contractor and shall be wholly responsible for the methods of performance. The CITY shall have no right to supervise the methods used, but the CITY shall have the right to observe such performance. SERVICE BROKER shall work closely with the CITY in performing Services under this Agreement. The SERVICE BROKER shall not receive any City benefits, stipend or privileges afforded to City employees. ARTICLE 7 - COMPLIANCE WITH LAWS In performance of the Services, SERVICE BROKER will comply with applicable regulatory and other applicable requirements including federal, state, county and local laws, rules regulations, orders, codes, criteria and standards. Further, SERVICE BROKER acknowledges and without exception or stipulation shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the awarded firm to comply with the laws referenced herein shall constitute a breach of the award agreement and the CITY shall have the discretion to unilaterally terminate said agreement. ARTICLE 8 - INSURANCE During the performance of the Services under this Agreement, SERVICE BROKER shall maintain the following insurance policies, and provide originals or certified copies of all policies, and such coverages shall be written by an insurance company authorized to do business in Florida. WORKER'S COMPENSATION The SERVICE BROKER agrees to maintain its own Worker's Compensation & Employers Liability Insurance in compliance with Florida Statute 440. (NOTE: Elective exemptions or coverage through an employee leasing arrangement will NOT satisfy this requirement). COMMERCIAL GENERAL LIABILITY SERVICE BROKER agrees to maintain Commercial General Liability at a limit of liability not less than 1,000,000 Each Occurrence, $2,000,000 Annual Aggregate. SERVICE BROKER agrees its coverage will 333 not contain any restrictive endorsement(s) excluding or limiting Product/Completed Operations, Independent Contractors, Broad Form Property Damage, X-C-U Coverage, Contractual Liability, Cross Liability or Separation of Insureds. The SERVICE BROKER agrees any self -insured retention or deductible shall not exceed $25,000. Additional Insured Endorsements The SERVICE BROKER agrees to endorse the City of Boca Raton as an Additional Insured on the Commercial General Liability policy on a primary and non-contributory basis with CG 20 10 04 13 endorsement or ISO equivalent. BUSINESS AUTOMOBILE LIABILITY SERVICE BROKER agrees to maintain Business Automobile Liability at a limit of liability not less than 500,000 Each Occurrence. Coverage shall include liability for Owned, Non -Owned & Hired automobiles. In the event SERVICE BROKER does not own automobiles, SERVICE BROKER agrees to maintain coverage for Hired & Non -Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy. In the event that the SERVICE BROKER does not own any vehicles, we will accept hired and non -owned coverage in the amounts listed above. In addition, we will require an affidavit signed by the SERVICE BROKER indicating the following: The Gehring Group, Inc. Company Name" does not own any vehicles. In the event we acquire any vehicles throughout the term of his Agreement, The Gehring Group, Inc. agrees to purchase "Any Auto" or Company Name" Comprehensive Form coverage as of the date9f acquisiti SERVICE BROKER's Signature: etldAd Kurt N. Gehong, Pre PROFESSIONAL LIABILITY/ERRORS AND OMISSIONS The SERVICE BROKER shall procure and maintain, for the life of this Agreement either Professional Liability Insurance or Errors and Omissions Insurance. This coverage is for damages arising out of the insured's negligence, mistakes or failure to take appropriate action in the performance of business or professional duties. This coverage shall be on a "Claims Made" basis and kept for 2 years after completion. The minimum limits of coverage shall be $1,000,000 per claim with a deductible of no more than $25,000. SUPPLEMENTAL PROVISIONS 1. The insurance policy coverage as outlined herein shall remain in effect for the entire Agreement period. In the event of coverage cancellation, non -renewal, material change, modification or lapse of coverage, SERVICE BROKER shall notify the CITY within thirty (30) business days with written notice of such to the Purchasing Division by fax to 561-393-7983. 2. All renewal or replacement certificates of insurance specific to the Agreement/award shall be forwarded to the City of Boca Raton Purchasing Division with a copy to the Boca Raton Department as identified in the Purchase Order/Agreement. Original certificates to be sent attention of City of Boca Raton, Purchasing Division, 201 W. Palmetto Park Road, Boca Raton, FL 33432. SUBCONSULTANT/SUBCONTRACTOR'S INSURANCE The SERVICE BROKER shall require each of his subcontractors to take out and maintain during the life of his subcontract the same insurance coverages required of the successful SERVICE BROKER. Each subcontractor shall furnish to the successful SERVICE BROKER two copies of the Certificate of Insurance, and successful SERVICE BROKER shall furnish one copy of the Certificate to the City of Boca Raton. 334 ARTICLE 9 - CITY'S RESPONSIBILITIES The CITY shall be responsible for providing reasonably required access to all project sites, and providing information on hand, including any data available in the files of the CITY. ARTICLE 10 - TERMINATION OF AGREEMENT Upon termination and as directed by the CITY, the SERVICE BROKER shall deliver to the CITY all original papers, records, documents, drawings, and other material set forth and described in this Agreement, including those described in Article 18, that are in SERVICE BROKER'S possession or under its control arising out of or relating to this Agreement and shall become the property of the CITY per Article 18. 10.1 Termination With Cause The obligation to continue Services under this Agreement may be terminated for cause by either party upon seven (7) days written notice of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. 10.2 Termination Without Cause CITY shall have the right to terminate this Agreement or suspend performance thereof without cause for the CITY's convenience upon fourteen (14) days written notice to SERVICE BROKER, and SERVICE BROKER shall terminate or suspend performance of Services on a schedule acceptable to CITY or at the end of this fourteen (14) day period, at the option of the CITY. In the event of termination or suspension for CITY's convenience, CITY shall pay SERVICE BROKER for all Services performed through the date of notice of termination or suspension. 10.3 Termination For Governmental Non -Appropriations The obligation of the CITY for payment to SERVICE BROKER is limited to the availability of funds appropriated in a current fiscal period. Continuation of the Agreement into a subsequent fiscal period is subject to appropriation of funds, unless otherwise authorized by law and Agreement, and shall be terminated without penalty to the CITY and without any default upon the last day in which funds were last appropriated. ARTICLE 11 -NONDISCLOSURE OF PROPRIETARY INFORMATION SERVICE BROKER shall consider all information provided by CITY and all reports, studies, calculations, and other documentation resulting from the SERVICE BROKER's performance of the Services to be proprietary unless such information is available from public sources or is a public record under Florida law. SERVICE BROKER shall not publish or disclose proprietary information for any purpose other than the performance of the Services without the prior written authorization of CITY or in response to legal process. ARTICLE 12 — UNCONTROLLABLE FORCES Neither the CITY nor SERVICE BROKER 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, Acts of God and governmental actions. Neither party shall, however, be excused from performance if nonperformance is due to forces which are preventable, removable, or remediable and which the non -performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non -performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, 335 give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. ARTICLE 13 - GOVERNING LAW / VENUE / WAIVER OF JURY TRIAL This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County and the Agreement will be interpreted according to the laws of Florida. BY ENTERING INTO THIS AGREEMENT, SERVICE BROKER AND CITY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. ARTICLE 14 - MISCELLANEOUS 14.1 Nonwaiver A waiver by either CITY or SERVICE BROKER of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing and duly signed by both parties to this agreement. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. 14.2 Severability The invalidity, illegality, or unenforceability of any provision of this Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void or voidable, shall in no way affect the validity or enforceability of any other portion or provision of the Agreement. Any void or voidable provision shall be deemed severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. The parties further agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent the entire Agreement from being held void should a provision which is of the essence of the Agreement be determined to be void by a court of competent jurisdiction. 14.3 Political Campaigns During the term of this Agreement, the SERVICE BROKER or any employee or associate, shall not be involved in any political campaign for City elective office nor make financial contribution to any such campaign. 14.4 Conflict of Interest Neither SERVICE BROKER nor its employees or its subconsultant(s) shall have or hold any continuing or frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with SERVICE BROKER's loyal and conscientious exercise of judgment related to its performance under this Agreement. ARTICLE 15 - INTEGRATION AND MODIFICATION This Agreement is adopted by the CITY and SERVICE BROKER as a final, complete and exclusive statement of the terms of the Agreement between the CITY and SERVICE BROKER. This Agreement supersedes all prior agreements, contracts, proposals, representations, negotiations, letters or other communications between the CITY and SERVICE BROKER pertaining to the Services, whether written or oral. Policies written under this Agreement may be bound and signed by the City Manager or designee. 336 The Agreement may not be modified unless such modifications are evidenced by an amendment in writing signed by both the CITY and SERVICE BROKER. ARTICLE 16 - SUCCESSORS AND ASSIGNS The CITY and SERVICE BROKER each binds itself and its director, officers, partners, successors, executors, administrators, assigns and legal representatives to the other party to this Agreement. Any assignment, sale, pledge or conveyance of this Agreement by SERVICE BROKER must be previously approved in writing by the CITY, whose consent may be reasonably withheld. ARTICLE 17 - CONTINGENT FEES The SERVICE BROKER warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the SERVICE BROKER to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the SERVICE BROKER, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. ARTICLE 18 - OWNERSHIP OF DOCUMENTS SERVICE BROKER shall be required to work in harmony with other agents/brokers relative to providing information requested in a timely manner and in the specified form. Any and all documents, records, disks, original drawings, or other information prepared under this Agreement shall become the property of the CITY upon completion, for its use and distribution as may be deemed appropriate by the CITY. ARTICLE 19 — MAINTENANCE OF RECORDS SERVICE BROKER will keep adequate records and supporting documentation which concern or reflect the Services hereunder. The records and documentation will be retained by SERVICE BROKER for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the policy is completed, whichever is later, or such later date as may be required by law. ARTICLE 20 — PUBLIC RECORDS The City of Boca Raton is a public agency subject to Chapter 119, Florida Statutes. This Agreement requires SERVICE BROKER to provide services, and therefore SERVICE BROKER shall comply with Section 119.0701, Florida Statutes. Specifically, SERVICE BROKER shall: 1) Keep and maintain all public records related to the performance of the Services. 2) 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 that provided in chapter 119, Florida Statutes, or as otherwise provided by law. 3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the Agreement. 4) Upon completion or other termination of the Agreement, keep and maintain the public records required by the CITY to perform the Services. SERVICE BROKER shall meet all applicable requirements for retaining public records set out in Florida law. 5) In addition to maintaining the records pursuant to Paragraph Number 4 above, provide to the CITY all records that were stored electronically by SERVICE BROKER, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. 337 B. The failure of SERVICE BROKER to comply with the provisions set forth in this Article, or to comply with the CITY's request for records, shall constitute a default and breach of this Agreement, and the CITY shall, in its discretion, pursue any and all remedies against SERVICE BROKER provided for under this Agreement or at law. C.IF SERVICE BROKER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO SERVICE BROKER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 561-393-7740, BRCITYCLERK(cD-MYBOCA.US, CITY HALL, CITY CLERK, 201 W. PALMETTO PARK ROAD, BOCA RATON, FL 33432. ARTICLE 21 — PUBLIC ENTITY CRIMES By its execution of this Agreement, SERVICE BROKER acknowledges that it has been informed by CITY of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: 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, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or SERVICE BROKER under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." ARTICLE 22 - LICENSES SERVICE BROKER shall comply with all federal, state, and county licensing requirements and shall comply with all provisions of the City of Boca Raton licensing requirements. SERVICE BROKER shall possess all qualifications, licenses and expertise requirement for the performance of Services under this agreement, including but not limited to, full qualification and good standing to do business in Florida. ARTICLE 23 - SCRUTINIZED COMPANIES A. Pursuant to Section 287.135, SERVICE BROKER is ineligible to enter into, or renew, this Agreement if SERVICE BROKER is on the Scrutinized Companies that Boycott Israel List (as identified in Section 215.4725, Florida Statutes), or is engaged in a boycott of Israel. B. By entering into this Agreement, SERVICE BROKER certifies that SERVICE BROKER is not on the Scrutinized Companies that Boycott Israel List, and that SERVICE BROKER is not engaged in a boycott of Israel. SERVICE BROKER acknowledges that SERVICE BROKER executed a certification to this effect at the time it submitted a response to the CITY's Request for Proposal and that such certification was likewise accurate at the time of execution of this Agreement. 338 C. SERVICE BROKER shall notify the CITY if, at any time during the term of this Agreement, SERVICE BROKER is placed on the Scrutinized Companies that Boycott Israel List, or that SERVICE BROKER is engaged in a boycott of Israel. Such notification shall be in writing and provided by SERVICE BROKER to the CITY within ten (10) days of the date of such occurrence. D. In the event the CITY determines, using credible information available to the public, that SERVICE BROKER has submitted a false certification or SERVICE BROKER is found to have been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel, the CITY may, in its sole discretion, terminate this Agreement and seek a civil penalty, and other damages and relief, against SERVICE BROKER, pursuant to Section 287.135, Florida Statutes. In addition, the CITY may pursue any and all other legal remedies against SERVICE BROKER. E. SERVICE BROKER shall not seek damages, fees, or costs against the CITY in the event the CITY terminates the Agreement pursuant to this provision. By entering into this Agreement, the SERVICE BROKER becomes obligated to comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility." This includes but is not limited to utilization of the E- Verify System to verify the work authorization status of all employees hired after January 1, 2021 (as well as contractual employees whose Agreement is renewed after January 1, 2021), and requiring all subcontractors/subconsultants to provide an affidavit attesting that the subcontractor/subconsultant does not employ, contract with, or subcontract with, an unauthorized alien. Failure to comply will lead to termination of this Agreement, or if a subcontractor/subconsultant 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 20 calendar days after the date of termination. If this Agreement is terminated for a violation of the statute by the SERVICE BROKER, the SERVICE BROKER may not be awarded a public contract for a period of 1 year after the date of termination. Should SERVICE BROKER violate the requirements of Section 448.095, Fla. Stat., they shall be liable for any additional costs incurred by the CITY as a result of the termination of the Agreement. ARTICLE 25 - NOTICE Any notice, demand, communication, or request required or permitted hereunder shall be in writing and delivered in person or sent by certified mail, postage prepaid as follows: As To CITY City of Boca Raton Risk Management Division 201 W. Palmetto Park Road Boca Raton, FL 33432 Phone: 561-393-7970 Email: smoy(a,myboca.us Attention: Stanley Moy, Risk Manager As to SERVICE BROKER: The Gehring Group, Inc. 3500 Kyoto Gardens Drive Palm Beach Gardens, FL 33410 Phone: 561-626-6797 339 Email: rodney.louisCaDgehringgroup.com Attention: Rodney Louis, Risk Services Director Notices shall be effective when delivered to the address specified above. Changes in the respective addresses to which such notice may be directed may be made from time to time by any party by written notice to the other party. Email is acceptable notice effective when received. The original of the notice must additionally be mailed as required herein. Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of SERVICE BROKER and CITY. ARTICLE 26 — PROJECT TEAM Rodney Louis, Senior, Risk Services Advisor Primary Account Executive Kurt Gehring, Alternate Account Executive David Daley, Risk Management Consultant Paul DeSilva, Risk Analyst Thomas Willins, Primary Account Manager for all services related to Property and Casualty Stuart Morgan, Safety & Loss Control Officer Valerie Ensinger, Claims Advocate Project Team members may be changed only with the prior written approval of the City of Boca Raton Risk Manager. ARTICLE 27 — USE OF SUBCONSULTANTS OR SUBCONTRACTORS SERVICE BROKER is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the SERVICE BROKER shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the SERVICE BROKER by the terms of this Agreement and to assume toward the SERVICE BROKER all the obligations and responsibilities which the SERVICE BROKER, by this Agreement and any subsequently issued Work Order, assumes toward the CITY. Each subconsultant or subcontract agreement shall preserve and protect the rights of the CITY under this Agreement, and any subsequently issued Work Order, with respect to the Services to be performed by the subconsultant or subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights. The SERVICE BROKER shall require each subconsultant or subcontractor to enter into similar agreements with its sub-subconsultants or sub -subcontractors. SERVICE BROKER acknowledges and agrees that nothing in this Agreement shall be construed to create any contractual relationship between CITY and any subconsultant or subcontractor. IN WITNESS WHEREOF, the City of Boca Raton, at a regular meeting thereof, by action of the City Council directing the foregoing to be adopted, has caused these presents to be signed by the Mayor, and The Gehring Group, Inc. has executed this Agreement, all as of the day and year first above written. 340 T. City Clerk / I A roved as to Fo m and gal Sufficiency: B Ci Attorney Attest: Corp rat Secretary Affirm Corporate Seal) CITY OF ISO A RATON Date: Name: Scott Singer Title: Mayor THE GEHRING GROUP, INC. Date: April 8, 2021 By: Signs re Seal) Name: Kurt N. Gehring Title: President and CEO President (or other duly authorized Officer) Attach Resolution/Bylaw of authorization if no President) Approved by City Council on 3 2021, Item # • '• 341 ATTACHMENT A SCOPE OF SERVICES 1-1 WORK OBJECTIVE The actual marketing, placement and servicing for each of the various lines of insurance policies shall be conducted by the SERVICE BROKER. SERVICE BROKER shall provide the CITY expertise and advice for the CITY's insurance needs. SERVICE BROKER shall be expected to provide a full range of services, including, but not limited to, marketing and placing the CITY'S excess insurance and casualty insurance coverage needs, assisting with insurance related issues, and providing insurance coverage recommendations. 1-2 SCOPE OF SERVICES General Requirements: The SERVICE BROKER shall provide the professional services necessary to perform the following general requirements as an all inclusive annual service fee. Types of Insurance Policies: The SERVICE BROKER shall be directed by the City's Risk Manager to market, negotiate and recommend carrier(s) selection for CITY consideration and purchase of the following: 1. Excess Insurance including, but not limited to the following coverages: General Liability, Excess Liability: Sexual Harassment liability and Sexual Abuse liability. Automobile Liability Public Officials Miscellaneous Liability: Errors & Omissions, Employment Practice Liability, Sexual Harassment Liability and Sexual Abuse Liability Workers' Compensation & Employers Liability 2. Casualty Insurance including, but not limited to the following coverages: Bond Policy Treasurer, City Manager and Finance Director), AD&D Police and Fire, EMT Professional Liability, Ocean Marine and/or Ocean Marine Including Tug and Barge, Special Events, Parking Garage Liability Coverage for Special Events, Volunteer Insurance, Railroad Protective Policy, Summer Camps, Parks and Recreation General Liability (Tenants), Parks and Recreation Accident Insurance, Crime Coverage Policy, Cyber Liability, and any other event related coverages the CITY may require. The list of insurance policies covered under this Agreement is referenced in Attachment C. b. Marketing: The SERVICE BROKER shall consult with the CITY to formulate a marketing strategy that focuses on delivering a cost-effective Excess Workers' Compensation and General Liability risk management program. At the direction of the City's Risk Manager or Management Services Director, the SERVICE BROKER shall market insurance policies, provide risk analysis, prepare underwriting submissions/specifications, marketing, program design, and carrier selection. The SERVICE BROKER shall be actively involved to ensure the proper coverage is addressed for whatever the CITY may require. The SERVICE BROKER shall be expected to consult with and/or update the CITY on any new insurance coverages that should be considered by the CITY based on CITY exposures and risk assessment. The SERVICE BROKER shall maintain contact with global insurance markets, which are interested, available, and qualified to provide insurance and loss prevention services to the CITY. 342 No less than sixty (60) calendar days prior to renewal of coverages, the SERVICE BROKER shall meet with the City's Risk Manager and Management Services Director to present a marketing report. The report shall be comprehensive and include at a minimum a current program evaluation, required marketing timetable, ratings of the appropriate markets, broker recommendations, and anticipated rates and premium. The SERVICE BROKER shall submit all insurance proposals received and appropriate recommendations for CITY execution no less than thirty (30) calendar days prior to the policy expiration dates. All submission(s) shall include a matrix of all insurance proposals received which includes an evaluation of coverage, limits and cost. Following the CITY's acceptance of an insurance proposal, the SERVICE BROKER shall provide the CITY with a policy premium to be bound and signed by the City Manager. Marketing of any insurance policies shall be recommended, evaluated and approved by the City's Financial Services Director or Management Services Director. C. Risk Management Policy Development: The SERVICE BROKER shall support the CITY's efforts in developing Risk Management policies. This includes but is not limited to; presentation of industry standard practices; assistance in development of policies that support the goals of the CITY toward use of local resources; and assist in presentations to policy and decision making authorities. SERVICE BROKER shall inform the CITY of applicable Federal and State compliance legislation, legislative trends and issues, and necessary governmental filings. d. Risk Assessment: The SERVICE BROKER shall assist in the identification, evaluation, and support of risk exposures for the CITY and aid in the determination of the level of the appropriate risk retention for the CITY. SERVICE BROKER shall recommend proper limits and coverages for risk and exposure common to the CITY and similar size cities. e. Risk Financing: The SERVICE BROKER shall provide the CITY with comprehensive information on market conditions and trends and assist the CITY with estimated renewal quotes for financial planning and budgeting in coordination with the CITY's annual budget process period. f. Loss Management: SERVICE BROKER will assist the CITY in management of information regarding losses. SERVICE BROKER shall provide expert assistance in the settlement of major claims and losses and assist the CITY in periodic evaluation of claims handling and administration, and reserves for self -insured retentions. SERVICE BROKER shall provide input to the CITY and make recommendations regarding major losses incurred by the CITY during the previous and current policy periods. g. Loss Development: SERVICE BROKER shall support the CITY with resources for trending, forecasting, and premium calculation and allocation in cooperation with actuarial services used by the CITY. h. Indemnification/Hold Harmless Clause: The SERVICE BROKER shall advise and provide recommendations for indemnification/hold harmless clause provisions referenced in contracts/agreements that effect the CITY for the purpose of adequately wording to protect the interests of the CITY. Policy and Insurance Language: The SERVICE BROKER shall assist CITY in the development and adequacy of insurance and liability specifications, bonds, and other risk management concerns for bids, request for proposals, contracts, leases and other agreements as required. The SERVICE BROKER shall provide a thorough review with assistance and recommendations on certificates of insurance, binders and endorsements on 343 an as needed basis to ensure compliance with CITY requirements and as referenced in contracts/agreements that effect the CITY. The SERVICE BROKER shall provide expertise in the verification, interpretation, and preparation of manuscript insurance policy forms and endorsements. This includes policy language, accuracy, form, compliance, application of risk, and the CITY's intended needs as specified. j. Annual Report: The SERVICE BROKER is responsible for producing an annual report within forty-five (45) calendar days of the end of the fiscal year for the CITY. The end of the fiscal year is September 30th. This report is to include: a schedule of policies in force, premiums, losses, commissions and fees earned or waived, developments and trends in the markets for these coverages and proposals in the CITY's coverages. The SERVICE BROKER shall submit the Annual report in an excel format to the CITY. k. Use of City Owned Property: The SERVICE BROKER shall comment and recommend coverage requirements for third parties requesting use of CITY owned property on an as needed basis. The aforementioned may occur with Special Event policies. Excess Insurance: The SERVICE BROKER will consult with the CITY to formulate a marketing strategy that focuses on delivering a cost-effective Excess Workers' Compensation and General Liability Risk Management program. The SERVICE BROKER will design specifications and create a submission for underwriter review for Excess Workers' Compensation, General Liability and Miscellaneous Liabilities as defined by the CITY and obtain CITY's approval on marketing submission and markets being approached. The SERVICE BROKER shall have knowledge of package programs for Excess insurance that may provide coverage for multiple lines of insurance. The SERVICE BROKER will review and analyze Excess coverage forms for inclusion and exclusion language and conditions. The Broker will provide alternatives for both occurrence and claims made coverage forms on the Excess policy during each renewal period. The SERVICE BROKER shall suggest alternative risk financing vehicles to reduce the total cost of risk to the CITY. m. Miscellaneous: The SERVICE BROKER shall: 1) provide the CITY with reports at appropriate policy intervals to include at a minimum loss reports, insurance market trends and outlook, and risk retention recommendations and philosophy. 2) attend meetings as requested and as deemed necessary by the Risk Management division. Coordinate and arrange meetings when requested, between CITY and insurance company underwriter(s). 3) for certain policies, such as "Excess Insurance", meet on City premises to provide presentations as required. 4) for other policies, meet on City property in person from time to time for meetings and/or presentations, however if such is not possible, the SERVICE BROKER may have the option of conducting such services via phone conference and/or virtual meetings. 5) provide an account executive and team assigned to the CITY to accommodate and provide consultation services as needed. 6) secure Excess Insurance on behalf of the CITY which meets or exceeds the minimum financial guidelines or a rating of not less than A- as assigned by A.M. Best, and is encouraged, but is not required, to secure same for all types of insurance. The CITY reserves the right to maintain existing casualty insurance policies that were issued prior to the effective date of this agreement for dates of coverage that are in effect after the effective date of this agreement. 7) provide assistance with internal loss engineering. SERVICE BROKER shall conduct an assessment involving occupancy, natural disaster and security hazards on behalf of the 344 CITY, and develop a plan to cut costs, safeguard against liability exposures and employee injuries and manage losses. 8) offer OSHA certified safety -related, online training courses using Bentek® LMS platform, to City employees. Certificates of completion, along with training records, will be maintained in electronic format for administrative tracking. 9) at CITY's option, provide an Employee Disaster Recovery Program (EDRP) for all participating City employees with access to an insurance claims professional to coordinate all recovery matters with employees' respective insurance carriers while allowing City employees to remain at work. The EDRP can assist, at no extra cost to the CITY, in sourcing relief items for City employees, emergency fueling, meal services for their families and even temporary housing options. 1-3 RESERVATIONS CITY reserves the right, but not obligation, to request the SERVICE BROKER to service, underwrite, market and place coverage on both existing or new insurance program(s) or coverage(s) provided it is in the CITY'S best interest to do so. CITY reserves the right to accept, amend or reject proposal(s) for new or existing coverages made by the SERVICE BROKER. CITY reserves the right to negotiate directly with certain markets not normally available to agents or brokers. CITY reserves the right to procure additional lines of coverage in accordance with procurement code procedures and operations in lieu of utilizing SERVICE BROKER. 1-4 POLICY COVERAGE TERM In the event the Agreement expires, is terminated or not renewed, the CITY reserves the right to elect the following: a. Keep coverage term in effect for policies entered into prior to expiration, termination or non -renewal of Agreement. b. Release all insurer(s) and/or intermediary(s) to CITY, as well as to CITY's newly designated service brokerage firm(s), to service, underwrite, market and place any existing or new insurance program(s). c. Assign a new broker and issue a new broker of record letter. The Broker agrees to release the markets and waive any waiting period to service, underwrite, market and place any existing or new insurance program(s). 345 ATTACHMENT B COMPENSATION FOR SERVICES The CITY shall pay to the SERVICE BROKER for providing and performing the Services set forth in Attachment A as follows: Annual Service Fee All inclusive annual service fee of $40,000.00 for the services identified in Attachment A, Item 1-2, Scope of Services for all policies identified in Attachment C. The all inclusive annual service fee shall include any costs for travel, lodging and any other miscellaneous expenses. The all inclusive annual service fee paid to the SERVICE BROKER is to be the only remuneration accepted by the SERVICE BROKER for service fees in relation to the Agreement. Annual Service fee for any renewal term(s) shall be in accordance with Article 3 — Compensation The SERVICE BROKER's all inclusive annual service fee will be prorated into four quarterly installments at the CITY's option. Fee for Policies not listed on Attachment C For any new policy placements beyond the policies listed in Attachment C, fees owed to the SERVICE BROKER shall be 10 percent of the premium. Fee for Expert Witness Testimony In the event SERVICE BROKER is called on to provide expert witness testimony in any court or administrative proceeding arising from or related to the SERVICE BROKER provided Services under this agreement, SERVICE BROKER shall provide those services at no cost. Payment for Policies The CITY will make payment for policy premiums, exclusive of the SERVICE BROKER's all inclusive annual service fee, directly to the insurance carrier or the SERVICE BROKER based on the provisions of the policy. The policy premium shall be a direct pass through from the insurance agent with no brokerage fees included. Following the binding of the policy coverage, the CITY's payment terms are Net 30 days. Invoices must be submitted against each individual purchase order. 346 ATTACHMENT C INSURANCE POLICIES NAME OF POLICY POLICY LIMITS Crime 1,000,000.00 Bond - Treasurer Cormac Conahan 100,000.00 Bond - Finance Director Linda Davidson 100,000.00 Accidental Death & Dismemberment (AD & D) Police & Fire 75,000.00 EMT Professional Liability 1,000,000.00 Excess Liability -General Liability and Workers' 1,000,000.00Compensation Hull & Pollution value of hull Special Events (not renewed due to Covid-19, to be included as part of Scope of Services for annual service fee) 1,000,000.00/$2,000,000.00 Railroad Protective Policy 2,000,000.00/$6,000,000.00 Summer Cams 1,000,000.00/$2,000,000.00 Parks & Recreation General Liability Tenants 2,000,000.00 Parks & Recreation Accident 10,000.00 C ber Liability 1,000,000.00 347 Our communities rely on the public sector. The public sector relies on Gehring Group. CITY OF BOCA RATON BROKER SERVICES FOR CASUALTY & EXCESS INSURANCE RFP NO: 2021-002 Due Date: TUESDAY, JANUARY 19, 2021 @ 3:00 P.M. Proposal Contact: Cindy Thompson, V.P. of Operations Tel: (800) 244-3696 or (561) 626-6797 Email: cindy.thompson@gehringgroup.com 348 Table of Contents Cover Page ....................................................................................................................................... 1 Table of Contents .............................................................................................................................. 2 Letter of Transmittal .......................................................................................................................... 3 Tab A: Proposal Response Form ..................................................................................................... 5 Tab B: Attachments to Proposal Response Form .......................................................................... 28 Attachment 1: History & Qualifications of Firm ......................................................................... 29 Attachment 2: Scope of Services, Approach & Methodology .................................................... 37 Attachment 3: Qualifications & Experience of Individuals Assigned to City Project .................. 54 Attachment 4: Available Online Safety Training Courses ......................................................... 61 Attachment 5: Snapshot Claims Summary Report.................................................................... 65 Attachment 6: Sample Site Inspection Assessment Report ...................................................... 96 Attachment 7: Employee Disaster Recovery Plan .................................................................. 101 Attachment 8: Risk Management Resource Library................................................................ 106 Tab C: Price Proposal Form ......................................................................................................... 110 Tab D: RFP Required Forms ........................................................................................................ 112 5.12 A: RFP Checklist............................................................................................................. 113 5.12 B: Proposer Acknowledgment Form ............................................................................... 117 5.12 C: Drug Free Form .......................................................................................................... 119 5.12 D: Vendor Certification Regarding Scrutinized Companies List ...................................... 121 5.12 E: Corporate Status ........................................................................................................ 123 5.12 F: Business Tax Receipt ................................................................................................. 124 5.12 H: Sample Insurance Certificates ................................................................................... 125 5.12 I: Applicable Licenses to Provide Services in Florida ...................................................... 127 5.12 J: State of Florida Professional Licenses for Outside Firms/Consultants ........................ 131 5.12 K: Signed City Addendums ............................................................................................. 132 Page 2 349 January 15, 2021 City of Boca Raton City Hall / Attn: Purchasing Division 201 W. Palmetto Park Road Boca Raton, FL 33432 Re: City of Boca Raton - RFP# 2021-002 – Broker Services for Casualty & Excess Insurance Dear Evaluation Committee Member: Gehring Group is pleased to provide this response to the City of Boca Raton’s RFP #2021-002 for Broker Services for Casualty & Excess Insurance. Gehring Group is unique in our qualifications to be your broker/consultant for three notable reasons: 1) we are public sector experts as public sector is our ONLY industry specialty; 2) our unique non-producer corporate organizational structure allows us to offer our clients a broad depth of value-added services and a deep bench of expertise; and 3) our all-inclusive service model allows our clients the opportunity to utilize our resources without concern for additional cost. First, public sector is (and for the past 28 years, has been) our ONLY specialty industry, and accordingly it influences how we think, and how we tailor our services – specifically for the unique needs and nuances of this very important sector of employer organizations. Currently, we provide insurance related services for over 100 public sector clients throughout Florida. These organizations include municipalities, counties, school boards, special taxing districts and constitutional offices. Our extensive public sector focus and expertise affords us the ability and experience to provide real time benchmarking studies and related case study comparatives for consideration. Second, our organization is a collaborative advisory firm, rather than an agency of producers. Our team members, including our risk management consultants, are paid a salary rather than a commission. What this means for our clients is a depth of centralized resources, a think tank of seasoned experts and professionals exclusively committed to serving our clients’ interests; collaborating and negotiating in an informed and experienced concurrent manner in order to achieve the most cost savings and greatest results for our clients. It also means resources – we employ our own safety and loss control officers, claims administrators, wellness coordinators, risk managers and graphic designers, and we tap into necessary outside focused resources to benefit our clients such as employment attorneys, property appraisers, and actuaries with casualty and workers compensation program specialty. Without producers as a sales force, it is especially important to our organization that we create amazing client experiences – because we grow by having great references. At the foundation of Gehring Group’s approach to client engagement is a commitment to transparency, flexibility, and responsiveness. Third, Gehring Group is unique in that we offer an all-inclusive model. Our core services exceed those requested in the Scope of Services outlined in the City of Boca Raton’s RFP #2021-002 for Broker Services Page 3 350 for Casualty & Excess Insurance; and we have indicated various additional value-added services, all of which are included within our fee. We are proud to advocate to the insurance carriers on behalf of our public sector clients. As the top producing broker/consultant exclusive to public sector entities throughout the state, we have earned the distinct honor of being the only agency in Florida to be granted administrative access to multiple public entity trusts, including Preferred Governmental Insurance Trust (PGIT) and Florida Municipal Insurance Trust (FMIT). We also maintain active relationships with standard market public-entity carriers such as, Travelers, CNA, AIG, BRIT Specialty, QBE and more. This exclusive diversity provides us an opportunity to make recommendations to improve products and services based on real time and relevant feedback from our clients to our carriers regarding specific programs and risk models. This also provides us considerable leverage during client negotiations. The names of the principals authorized to make representations for Gehring Group regarding this proposal are outlined below. All staff listed below are located at Gehring Group’s corporate headquarters at 3500 Kyoto Gardens Drive, Palm Beach Gardens, FL 33410 – Telephone: 800-244-3696 / 561-626-6797. Kurt Gehring is President and CEO as well as contracting agent of the Gehring Group, Inc. and is authorized to bind the firm’s legal entity, The Gehring Group, Inc. Within our response to the City of Boca Raton’s RFP #2021-002, Gehring Group affirmatively commits to performing all services as outlined within the required scope of work of the City’s RFP and confirms that Gehring Group meets the minimum qualifications for experience and licensing. We have also included relevant exhibits to illustrate sample work product, reports, communication, and materials. Primary Contact Person: Cindy Thompson Title: Vice President-Operations Address: Gehring Group, Inc. 3500 Kyoto Gardens Drive Palm Beach Gardens, Florida 33410 Phone: (561)626-6797 / (800)244-3696 Fax: (561)626-6970 Email: cindy.thompson@gehringgroup.com In summary, Gehring Group meets and exceeds the minimum requirements of the City of Boca Raton’s RFP# 2021-002 for Broker Services for Casualty & Excess Insurance; and we are confident that we can provide the City with additional value and exceptional services. Our approach to the business as detailed in this proposal, coupled with our industry experience, market relationships and enthusiasm, make us a broker of choice for many public entities. We thank the members of the Evaluation Committee, in advance, for your review and consideration of our comprehensive response, and we stand ready to provide any additional clarification or information requested. Sincerely, Kurt Gehring President and CEO Page 4 351 Tab A: Proposal Response Form Page 5 352 1 PART V – PROPOSAL RESPONSE FORM RFP 2021-002 Broker Services for Casualty and Excess Insurance 5.1. DECLARATION OF FIRM Proposer as identified on Proposer Acknowledgement Form firm as identified herein will be considered the primary firm. If more than one firm is named; a legal document showing the partnership, joint venture, corporation, etc. shall be submitted showing the legality of such. Submittal for Joint Venture to include executed Joint Venture agreement and if state law requires that the Joint Venture be registered, filed, funded, or licensed prior to submission of the proposal, then same shall be completed prior to submittal. Proposers shall make their own independent evaluation of the requirements of the state law. The City will not consider submittals that identify a joint partnership to be formed. The primary firm identified herein will be responsible for final negotiations and receipt of payments from the City of Boca Raton. Please complete the following: A. Name of Firm Gehring Group, Inc. If the “Name of Firm” above references more than one firm, indicate if Partnership, Joint Venture or Other Type? Is Attachment provided showing the legality of such? Address 3500 Kyoto Gardens Drive City, Palm Beach Gardens State, Florida Zip Code 33410 Telephone Number (561)626-6797 or (800)244-3696 Email cindy.thompson@gehringgroup.com Company Website www.gehringgroup.com B. Name of Persons or entities interested in the proposal as principals Kurt Gehring - President & CEO; Kate Grangard - CFO; and Cindy Thompson - V.P. Operations C. Declaration that proposal submission is made without collusion with any other person or entity submitting a proposal pursuant to this RFP Proposer, Gehring Group, Inc., declares that this proposal submission is made without collusion with any other person or entity submitting a proposal pursuant to this RFP. D. Identify/detail names of persons authorized to make representations for the Proposer including the titles, addresses, telephone, and email addresses of such persons in the spaces provided below: FIRMS AUTHORIZED REPRESENTATIVE(S) Name Title Telephone Number Email Address Kurt N. Gehring President & CEO (561)626-6797 kurt.gehring@gehringgroup.com Cindy Thompson V.P. Operations (561)626-6797 cindy.thompson@gehringgroup.com Kathleen Grangard V.P. CFO & COO (561)626-6797 kate.grangard@gehringgroup.com or submitted as Attachment 5.2. ACKNOWLEDGEMENT OF ADDENDUMS: ADDENDUM NO. DATE ISSUED 1 2 3 4 Page 6 353 2 5. 6. 7. Proposer acknowledges that the proposal response is being submitted in accordance with the above referenced addendums. Proposer to submit signed version of each addendum with their submittal. Addendums submitted as Attachment Proposer shall obtain addendum information by logging in to the electronic bidding system at http://www.myboca.us/759/Supplier-Login to access each addendum document. 5.3. QUALIFICATIONS AND EXPERIENCE OF THE FIRM AND STAFF The Proposer shall submit satisfactory evidence that it has had previous experience and possess adequate financial resources and organization capacity to perform the type, magnitude and quality of work as specified herein 5.3.1. Minimum Qualification Requirements Proposer shall meet or exceed the below noted minimum requirements. Any Proposer not meeting the minimum qualification requirements, or not clearly demonstrating that they meet the minimum qualification requirements in conjunction with item Error! Reference source not found. of Part 1 shall not be considered for evaluation by the Selection Committee. Notice of such will be provided to each Proposer not meeting the minimum qualification requirements. A.As a minimum qualification requirement, the City requires that the Proposer’s Primary Account Executive assigned to be the agent for the City possess the following current and valid: •The Florida General Lines Insurance Agent License •Surplus Lines Agent License. Proposer to submit a copy of each of the above licenses for the Primary Account Executive with Proposer’s proposal response. Complete information below, confirming your submission of a copy of each type of license Name of Agent Confirm License Attached – Florida General Lines Confirm License Attached – Surplus Lines Agent Kurt N. Gehring Florida License #A094973 Florida License #A094973 Rodney Louis Florida License #A158924 Not Applicable B.As a minimum qualification requirement, the City requires that the Firm name identified on the Proposer Acknowledge Form has been in business for a minimum of five (5) years in the State of Florida. Evidence of a minimum of five (5) years shall be verified in accordance with filing date by the State of Florida or the Firm’s State of Origin of Bidder’s Firm. Number of Years in business in the State of Florida: Gehring Group, Inc. has been in business in the state of Florida for 28 years. Please see Form 5.12 E Corporate Status - Certificate of Good Standing under Tab D RFP Required Forms.) Confirm evidence of years is attached: 5.3.2. Qualifications and Experience of Firm: The proposer shall submit satisfactory evidence that their firm name referenced on the “Proposer Acknowledge Form” has had previous experience and possess adequate financial resources and organization capacity to perform the type, magnitude and quality of work as specified herein. Page 7 354 3 1.Provide details on the qualifications/experience of the firm where applicable while addressing the following: a.Description of the major functions and responsibilities of the firm. Submitted as Attachment or Type/Provide Response here:Please see Attachment #2 Scope of Services, Approach & Methodology under Tab B Attachments to Proposal Response Form . b.Size of firm: Type/Provide Response here:Gehring Group currently employs 63 full-time staff members, 10 of whom work remotely throughout the state of Florida and specialize in serving the Public Sector. Gehring Group currently serves over 100 public sector entities which encompass over 90% of Gehring Group's client hase. c.Range and types of broker services offered Submitted as Attachment or Type/Provide Response here:Please see Attachment #1 History & Qualifications of Firm under Tab B d.Stability, track records and knowledge in providing broker services Submitted as Attachment or Type/Provide Response here:Please see Attachment #1 History & Qualifications of Firm under Tab B 2.Proposer to provide “Mission Statement” of firm (if applicable). Submitted as Attachment or Type/Provide Response here: Gehring Group has a strong culture, ethos, and commitment to all our communities including our clients, team members, and the communities in which we live, work, and service. We embarked upon an exhaustive process that involved taking a comprehensive introspection on who we are as a company and, most importantly, identifying “Why” our organization seeks to serve our clients, support community services and empower our employees. Accordingly, our mission is best encapsulated in our WHY statement – “To inspire our communities to envision and embrace new possibilities.” This “Why” statement is driven by our ethos and sets the foundation for our strong culture that makes a community partner and has inspired our tag line “Our communities rely on the public sector; the public sector relies on Gehring Group”. 3.Provide a statement as to how the firm’s experience will be directly beneficial to the City for providing broker services. Submitted as Attachment or Type/Provide Response here:Gehring Group is pleased to provide this proppsal in response to the City of Boca Raton's RFP for Broker Services for Casualty & Excess Insurance. Through our extensive experience over the past 28 years serving as Consultants/Brokers for over 100 Florida public sector entities, we will provide efficiencies, value-added services, in-depth public- sector experience, and an unparalleled standard with the goal of not merely meeting the City of Boca Raton's needs, but exceeding City expectations. Gehring Group’s Risk Management and Property and Casualty Brokerage services have been designed to achieve one key objective: anticipate and solve challenges for the Public Sector. Our exclusive focus on our governmental entities means that everything that we do, every day, revolves solely around supporting our clients in addressing the same issues that challenge the City of Boca Raton; and our complete independence means that there is no external influence able to compromise the integrity of the insurance products and services that we present to the City of Boca Raton. For example, we disputed findings from the fiscal year 2019 P&C package policy audit for the Village of Wellington, who received a bill of more than $130,000. Our knowledge of Florida statutes surrounding governmental entities, and the meticulous veracity with which we conducted our Page 8 355 4 investigation and analysis lead to the acquiescence of the auditing firm that we were correct in our arguement. The result was a premium credit of more than $50,000 to the Village, a reversal of over $180,000! We are confident that our proposed services will guide and assist the City of Boca Raton with securing the most appropriate and cost-effective insurance coverages available. Our decision to not employ commissioned producers means that there will never be a conflict of interest between an individual’s personal finances and providing what is in the best interest of the City of Boca Raton. Additionally, we provide comprehensive risk management services including an experienced, former municipal risk manager who will be assigned as the City of Boca Raton’s designated consultant to assist with policy and program creation and solutions. Currently, due to the recent first responder PTSD legislation, our most pressing risk management endeavor is building area networks of psychiatric diagnostic and treatment providers who are authorized to treat under the workers compensation F.S. statute 440. This is a direct result of our clients expressed concern over a lack of providers. The City of Boca Raton will benefit and participate in all such Gehring Group’s Risk Management Solutions, at no additional cost. Gehring Group can also provide the City of Boca Raton assistance with internal loss engineering through the experienced team efforts of your Risk Services Advisor, Risk Management Consultant and Safety Officer. With a combined 57 years of experience, your team will be able to tailor solutions that will empower the City of Boca Raton to effectively reduce risk and maintain business continuity. Gehring Group’s fundamental objective is to focus on the goals that are most important to the City of Boca Raton and to work together with the City of Boca Raton to achieve those goals. 4. Certifications/Awards/Memberships in the name of the Firm: Submitted as Attachment or Type/Provide Response here:Mountains of state regulation makes it an overwhelming undertaking to keep track of its ever-changing landscape affecting our public sector clients. Our team leaders are selective members of national legislative response groups attempting to educate our lawmakers on the concerns that our clients have regarding the regulatory process and federal requirements. Twice per year our risk professionals meet with lawmakers in D.C. to hear and voice the issues that matter most to you. We then return to provide insight to our clients about expected changes or introduction of new laws or regulations. Our team leaders are members of several Florida Public Sector Associations which provide industry educational resources, technological insights, access to professional development resources, workshops and conferences that help us to identify the most relevant concerns of our public-sector clients, so we can match them with real-time solutions. Our Risk Management Consultants hold designations of Associate Risk Managers (ARM), specific to the Public Sector. Additionally, Gehring Group’s expertise is well known throughout the state as evidenced by the repeated number of requests for our staff members to be featured speakers at various Florida public sector associations and other organizations including: • FFCA – Florida Fire Chief Association • FRE – Fire Rescue East • FAC – Florida Association of Counties • FASD – Florida Association of Special Districts • FERMA – Florida Educational Risk Management Association • FGFOA – Florida Government Finance Officers Association • FLC – Florida League of Cities • FPELRA – Florida Public Employer Labor Relations Association • FPPA – Florida Public Personnel Association • FSA – Florida Sheriff’s Association • FICPA – Florida Institute of Certified Public Accounting Chapter Meetings • PRIMA – Public Risk Management Association • RIMS – Risk & Insurance Management Society Page 9 356 5 • SALGBA – State and Local Government Benefits Association • SHRM – Society of Human Resource Management • IPMA – International Public Managers Association • CIAB – Council of Insurance Agents and Brokers 5. Please detail your experience, for third parties requesting use of City owned property for the purpose of putting on a Special Event such as a carnival, fireworks display event, and arts and education performances as it relates to special event policies. Submitted as Attachment or Type/Provide Response here:Departments within a municipal entity find it challenging to balance the need for programming and activities to enhance the experience of living and visiting the city and the limitations that may need to be in place to reduce the exposure to the city for the financial responsibility of an ill-fated event. Our Risk Management Consultants have years of experience building programs, protocols and policies within the cities and counties where they were employed. Their procedural expertise, coupled with the program knowledge of our Risk Service Advisors, we have incorporated several methods to accomplish the goal of formulating processes of third party facility use at many of the cities and counties with which we work. From designing request applications and acceptance procedures, to reviewing submission requests for compliance and sufficiency; from developing liability requirement matrixes per event type, to implementing Tenant User Liability Insurance Programs (TULIP) to automate compliance. We have used mutliple methodologies because our cities and counties have different needs and goals. We do not employ a cookie-cutter approach to designing programs and solutions for our clients. Each client is as unique as the people that staff and govern them. Whether it be a parade, festivval or spectacle, make sure that third party event organizers sufficiently insulate our clients, while safely engaging their residents and visitors. 6. What is your experience and knowledge with package programs for Casualty/Excess Insurance that may provide coverage for multiple lines of insurance? Submitted as Attachment or Type/Provide Response here:Gehring Group has earned the distinct honor of being the only agency in Florida to be granted administrative access to multiple public entity trusts, including Preferred Governmental Insurance Trust (PGIT) and Florida Municipal Insurance Trust (FMIT). We also maintain active relationships with standard market public-entity carriers who provide package programs such as, Travelers, CNA, AIG, BRIT Global Specialty, Berkley PE, QBE and more. This exclusive diversity provides us an opportunity to make recommendations to improve products and services based on real time and relevant feedback from our clients to our carriers regarding specific programs and risk models. This also provides us considerable leverage during client negotiations. Gehring Group is continually evaluating the efficacy of our package policy programs with those of stand- alone programs to always place our clients in the best position to take advantage of where the industry is moving. 7. Explain your experience and knowledge with assisting your clients with recommendations for indemnification/hold harmless clause provisions as well as advice and development of insurance/liability specifications and other risk management concerns. Reference any analysis tools or software you would use for this purpose. Submitted as Attachment or Type/Provide Response here:F.s. 768.28(19) reads, "Neither the state nor any agency or subdivision of the state waives any defense of sovereign immunity, or increases the limits of its liability, upon entering into a contractual relationship with another agency or subdivision of the state. Such a contract must not contain any provision that requires one party to indemnify or insure the other party for the other party’s negligence or to assume any liability for the other party’s negligence. This does not preclude a party from requiring a nongovernmental entity to provide such indemnification or insurance." Under the auspices of this statutory wording is the basis from which the Gehring Group staff builds its foundation of how to draft, review and recommend language to include in the contracts and Page 10 357 6 agreements entered nto by our clients. The most common contract analysis we have provided for our clients involves responding to questions on Standard Agreement Insurance Requirements, Professional Services Agreement Insurance Requirements, Construction Contracts and Hold Harmless/ Indemnity clauses. Gehring Group’s risk management staff regularly reviews contracts for coverage sufficiency. In many instances, we work directly with City purchasing staff in reviewing insurance coverages by scope of service being requested as well as identifying potential areas of concern related to third-party liability. 8. Does your firm have an active membership in the Public Risk Insurance Association (PRIMA) and/or Risk Insurance Management Society (RIMS)? Submitted as Attachment or Type/Provide Response here:Yes, the Gehring Group and its team mambers have active memberships with both Public Risk Insurance Management Association (PRIMA) and Risk Insurance Management Society (RIMS). Further, one of our Risk Management Consultants is an active board member of a Florida PRIMA chapter and we have been asked on multiple occasions to present and teach during the associations' state conferences. 9. Provide the number of Professional and Academic Designations of your agency. CPCU 2 ARM 3 CPA 1 CPIA OTHER 5.3.3. References Proposer is responsible for verifying correct contact information. Failure to provide accurate data may result in the reference not being considered, which includes the provision of contact person(s) that do not have knowledge of the services provided by your firm. Failure to submit references may result in the RFP not being considered for evaluation. City may request a more detailed list, including other governmental agencies. The City reserves the right to request or contact additional or different references from the provided customer list for consideration, including past experience with the City of Boca Raton. Proposer to identify a minimum of five (5) references that show Proposer provides or has provided broker services to the client for a variety of policies and policy limits that are similar to the City within the past five years. For each reference, Proposer to list as many policies as possible that are similar or same to those referenced in Part II, Table 01 Government clients similar in size to the City and with similar insurance requirements are preferred. Additional references may be submitted as an attachment to show depth of similar experience. PROPOSER IS RESPONSIBLE FOR VERIFYING THAT ALL CONTACT INFORMATION IS UP TO DATE AND ACCURATE. 1. Company/Entity Name: City of Deerfield Beach Address: 150 NE 2nd Avenue City, State, Zip: Deerfield Beach, Florida 33441 Project Manager of Company/Entity: Amanda Robin Title: Human Resources Director Phone No.: (954)480-4260 Email Address: arobin@deerfield-beach.com Start and End date for providing Broker services: Start Date 08/01/2015 End Date: ongoing Page 11 358 7 Proposer to identify each policy brokered to the named reference. Policies referenced in Part II Table 01 Confirm if Provided to named Reference (X) Casualty Insurance with “xxx” Policy coverage: X Crime X Bond Policy Coverage X Accidental Death & Dismemberment (AD & D) Police & Fire EMT Professional Liability Excess Liability-General Liability and Worker’s Compensation X Hull & Pollution Special Events X Railroad Protective Policy Summer Camps X Parks & Recreation General Liability (Tenants) Parks & Recreation Accident Cyber Liability X Summary of Broker Services provided: Risk management services include oversight of its property and casualty, workers compensation and workplace safety and loss control programs. The Gehring Group’s list of comprehensive services includes issuance of RFPs, evaluating proposals, program analysis, program implementation, customized reporting, assistance with claim issues, conducting benchmark surveys, attendance at unlimited number of client meetings, involvement in its safety committee meetings and various ad hoc services as requested. 2. Company/Entity Name: City of Margate Address: 5790 Margate Boulevard City, State, Zip: Margate, Florida 33063 Project Manager of Company/Entity: Laura Pastore Title: Risk Manager Phone No.: (954)935-6454 Email Address: lpastore@margatefl.com Start and End date for providing Broker services: Start Date 09/19/2012 End Date: ongoing Proposer to identify each policy brokered to the named reference. Policies referenced in Part II Table 01 Confirm if Provided to named Reference (X) Casualty Insurance with “xxx” Policy coverage: X Crime X Bond Policy Coverage Accidental Death & Dismemberment (AD & D) Police & Fire EMT Professional Liability X Excess Liability-General Liability and Worker’s Compensation X Hull & Pollution Special Events X Railroad Protective Policy Summer Camps X Page 12 359 8 Parks & Recreation General Liability (Tenants) Parks & Recreation Accident Cyber Liability X Summary of Broker Services provided: Risk management services include oversight of its property and casualty, workers compensation and workplace safety and loss control programs. The Gehring Group’s list of comprehensive services includes issuance of RFPs, evaluating proposals, program analysis, program implementation, customized reporting, annual city-wide safety and liability assessment and reporting (see Attachment 6), assistance with claim issues and conducting benchmark surveys. 3 . Company/Entity Name: City of Boynton Beach Address: 100 E. Ocean Avenue City, State, Zip: Boynton Beach, Florida 33435 Project Manager of Company/Entity: Julie Oldbury Title: Director of Human Resources & Risk Management Phone No.: (561)742-6277 Email Address: oldburyj@bbfl.us Start and End date for providing Broker services: Start Date 01/01/2013 End Date: ongoing Proposer to identify each policy brokered to the named reference. Policies referenced in Part II Table 01 Confirm if Provided to named Reference (X) Casualty Insurance with “xxx” Policy coverage: X Crime X Bond Policy Coverage X Accidental Death & Dismemberment (AD & D) Police & Fire X EMT Professional Liability X Excess Liability-General Liability and Worker’s Compensation X Hull & Pollution X Special Events X Railroad Protective Policy Summer Camps X Parks & Recreation General Liability (Tenants) Parks & Recreation Accident Cyber Liability X Summary of Broker Services provided: Risk management services include oversight of its property and casualty, workers compensation and workplace safety and loss control programs. The Gehring Group’s list of comprehensive services includes issuance of RFPs, evaluating proposals, program analysis, program implementation, customized reporting, annual city-wide safety and liability assessment (see Attachment 6) and reporting, assistance with claim issues and conducting benchmark surveys. 4 . Company/Entity Name: Village of Wellington Address: 12300 Forest Hill Boulevard City, State, Zip: Wellington, Florida 33414 Project Manager of Company/Entity: Tanya Quickel Title: Chief Financial Officer Phone No.: (561)791-4113 Email Address: tquickel@wellingtonfl.gov Start and End date for providing Broker services: Start Date 03/23/2000 End Date: ongoing Page 13 360 9 Proposer to identify each policy brokered to the named reference. Policies referenced in Part II Table 01 Confirm if Provided to named Reference (X) Casualty Insurance with “xxx” Policy coverage: X Crime X Bond Policy Coverage X Accidental Death & Dismemberment (AD & D) Police & Fire X EMT Professional Liability X Excess Liability-General Liability and Worker’s Compensation X Hull & Pollution Special Events X Railroad Protective Policy Summer Camps X Parks & Recreation General Liability (Tenants) X Parks & Recreation Accident Cyber Liability X Summary of Broker Services provided: Risk management services include oversight of its property and casualty, workers compensation and workplace safety and loss control programs. The Gehring Group’s list of comprehensive services includes issuance of RFPs, evaluating proposals, program analysis, program implementation, customized reporting, annual city-wide safety and liability assessment and reporting, assistance with claim issues and conducting benchmark surveys. 5. Company/Entity Name: Charlotte County, FL - Board of County Commissioners Address: 18500 Murdock Circle, Room 130 City, State, Zip: Port Charlotte, Florida 33948 Project Manager of Company/Entity: Janine Hewitt Title: Risk/Benefits Coordinator Phone No.: (941)743-1244 Email Address: janine.hewitt@charlottecountyfl.gov Start and End date for providing Broker services: Start Date 09/26/2000 End Date: ongoing Proposer to identify each policy brokered to the named reference. Policies referenced in Part II Table 01 Confirm if Provided to named Reference (X) Casualty Insurance with “xxx” Policy coverage: X Crime X Bond Policy Coverage X Accidental Death & Dismemberment (AD & D) Police & Fire X EMT Professional Liability X Excess Liability-General Liability and Worker’s Compensation X Hull & Pollution X Special Events X Railroad Protective Policy Page 14 361 10 Summer Camps X Parks & Recreation General Liability (Tenants) Parks & Recreation Accident Cyber Liability X Summary of Broker Services provided: Risk management services include providing an onsite Risk Manager to their staff, oversight of its property and casualty, workers compensation and workplace safety and loss control programs. The Gehring Group’s list of comprehensive services includes issuance of RFPs, evaluating proposals, program analysis, program implementation, customized reporting, assistance with claim issues, conducting benchmark surveys, attendance at unlimited number of client meetings and involvement in its safety committee meetings. 5.3.4. Firm’s Government Client List Provide a complete list of customers that are not confidential. Proposer may use City Form or provide Attachment. Provide a listing of all Accounts listed as Current or Past during the past three years. The City reserves the right to use this list as a source of additional contact information. Submitted as Attachment or Type/Provide Response here:Please see the table in Attachment #1 under Tab B for List of Firm's Government Clients Name of Government Entity Current Account (Y/N) Past Account (Y/N) 5.3.5. Qualifications and Experience of Individuals assigned to City Project/Scope of Work 1. In the table below, Proposer is to identify all Primary Account Executive and team member(s) within their firm that the City will be working with for services in this RFP. Employee Name and Title Does this Employee have CPCU Certification? Years of Experience Years w/ Firm Type of Service this Employee will provide Specialty Training and any Certifications obtained If applicable, indicate if expertise in securing excess insurance Rodney Louis, Senior Risk Services Advisor (Primary Account Executive for City) No 23 10 Rodney will coordinate and direct all your risk services including, the strategic and budget planning analysis as it relates to the City of Boca Raton’s insurance programs or other risk financing instruments; reporting on loss control and safety procedures; contract language review and negotiation; legislative and market updates; policy manual drafting; All Linnes P&C insurance license Risk program development ment specialist, experience in designing and developing all forms of risk transfer options for governmental entities including Page 15 362 11 claims advocacy; safety and liability site inspections and so much more. Rodney’s primary function is to ensure that all necessary steps and procedures are accomplished while remaining involved in the continuity and effective outcome of all processes. In addition, Rodney will work in coordination with our safety and loss control personnel to monitor claim reports in order to anticipate future program costs and to make recommendations regarding utilization patterns as well as providing budget and renewal projections. He will also be available as needed for meetings with decision makers and is available to make presentations to executive staff and boards as required. Rodney’s distinctive public sector knowledge and professional experience is an invaluable asset to our clients providing peace of mind when unexpected needs may arise or as questions or concerns present themselves. Analytical, detailed, and proactive –Rodney is a valuable member to the employer organizations he services. excess insurance. Kurt Gehring (Alternate Account Executive for City) No 28 28 Kurt Gehring will be the Executive Staff assigned to the City of Boca Raton. His extensive work over the past 27 years has placed him in direct communication with public sector agencies such as County Commissions, Town and Town Councils, Municipal Managers and all related bargaining units along with the employee body as a whole. This exposure provides unparalleled practical experience within a learned understanding of the local governmental environment. Mr. Gehring remains at the forefront of the insurance industry by staying up to date on industry trends, compliance issues, and innovative programs being presented by insurance companies and third-party administrators. All Linnes P&C insurance license; Surplus Lines license Risk program development ment specialist, experience in designing and developing all forms of risk transfer options for governmental entities including excess insurance David Daley, Risk Management Consultant No 17 3 David’s duties with the City of Boca Raton will include working with the rest of your Gehring Group team by sharing reports and assessments with account management and analytical staff for use in the renewal process. David will also assist City and City staff by attending and participating in safety committee meetings to help identify hazards or training deficiencies which may require unique, specialized training parameters. David will conduct liability and safety inspections at the City's facilities to identify potential exposures and to mitigate potential hazards. Afterward, David will generate a report of the inspection analysis for the benefit of City ARM; All Linnes P&C insurance license Page 16 363 12 departmental management, which includes actionable recommendations for addressing any areas of concern. Through coordination with outside vendors to include equipment manufacturers/reps, chemical handling specialists, and motor vehicle safety operations, a training program will be developed. David will also work with City staff to generate workplace safety manuals. Having access to over 80 Public Sector entities and public utilities, David can provide proven resource material that may be a used to create a tailored City workplace safety program that fits each client’s own unique needs and culture. Paul DeSilva, Risk Analyst No 33 3 Paul will be responsible for overseeing all aspects of the analytical services functions including compiling all claims and trend data to design relevant reporting, present the City to the insurance market and provide evaluation and recommendations to the City on all lines of property and casualty insurance coverages proposed. Paul will assist Rodney with the marketing, renewal, recommendation and presentation of all risk management and property and casualty insurance programs for the City of Boca Raton. In addition, he will work in coordination with our safety and loss control personnel to monitor claim reports in order to anticipate future program costs and to make recommendations regarding utilization patterns as well as providing budget and renewal projections. Paul’s services to the City will include but are not limited to: Evaluation of the City’s insurance program; Preparation of insurance specifications; Analyzing bid responses and evaluation of proposals; Provide claims analysis reporting and benchmarking data for insurance program analysis; and Contract review and interpretation as necessary or as requested All Linnes P&C insurance license Insurance placemement specialist, experience in securing and analyzing all forms of risk transfer options for governmental entities including excess insurance Thomas Willins No 33 5 Tom will serve as the primary Account Manager for the City of Boca Raton for all services related to the City’s property and casualty insurance program. Tom will work with Rodney Louis in the marketing, renewal, and recommendation for placement of this coverage, providing services to the City that include but are not limited to:: Complete the review and sign off on policies and endorsements for accuracy; Manage policy details, provide loss runs and issue certificates of insurance which require contractual or coverage review; Process client invoices, endorsements, binders, certificates, coverage policies, CPIA; All Linnes P&C insurance license Page 17 364 13 and audits; Process monthly installments and direct bill invoices, where necessary. Stuart Morgan, Safety & Loss Control Officer No 17 17 Stuart’s responsibilities will include monitoring, analyzing, and report generation on client loss data for the purpose of identifying hazards and trends in the workplace. He then utilizes this data for use in facilitating City safety programs based upon City needs and trends. These reports are also shared with account management and analytical staff for use in the renewal process. Stuart also will assist the City and City staff by attending and participating in safety committee meetings to help identify hazards or training deficiencies which may require unique, specialized training parameters. Stuart will conduct liability and safety inspections at City facilities to identify potential exposures and to mitigate potential hazards. Afterward, Stuart will generate a report of the inspection analysis for the benefit of City departmental management, which includes actionable recommendations for addressing any areas of concern. Through coordination with outside vendors to include equipment manufacturers/reps, chemical handling specialists, and motor vehicle safety operations, a City safety training program will be developed. Stuart will also work with staff to generate workplace safety manuals. Having access to over 80 public sector entities and public utilities, Stuart can provide proven resource material that may be a used to create a tailored City workplace safety program that fits the City’s own unique needs and culture. Valerie Ensinger, Claims Advocate No 32 5 Val will serve as the Claims Manager for the City of Boca Raton for all claim issues involving Liability, Property, Physical Damage and Workers’ Compensation. Val will work hand in hand with Rodney Louis and David Daley to promote a culture of safety at the employee level, assist management to process and follow up on open claims and coordinate with adjusters to bring all claims to an expeditious and cost-effective closure. Claims adjusters license 2. Proposer to provide the resume of the primary account executive and alternate account executive assigned to the City account. Page 18 365 14 Submitted as Attachment 3. For the primary account executive that is being proposed for the City’s account, include a list of current government accounts being managed and any other similar private accounts. Include the nature of service provided on this list. Submitted as Attachment or Type/Provide Response here:Rodney Louis, Risk Services Director (include employee name and title) 5.4. Qualifications and Experience of Outside Firms (Subcontractors/Subconsultants) Identify if any subcontractors will be used for performance of services and the benefit of using the subcontractor. If the Proposer intends to use the services of any other specialty firms, their role shall be clearly identified in this section. Outside Firms and/or their staff may only be changed with the express prior written permission of the City of Boca Raton. The City of Boca Raton retains the right to approve or reject replacements. The submission should include: 5.4.1. Details on the qualifications of the individual(s) A. Submit resumes, certificates, etc. for the outside firms that are proposed to perform the work for this RFP, including relevant college, graduate or professional training courses, summary of professional experience and experience in similar work. Submitted as Attachment and labeled as 5.4.1. or Proposer to identify that no outside firms/subcontractors will be used, Please see Resume of David Daley, the proposed Risk Management Consultant for the City of Boca Raton in Attachment #3 under Tab B. B. Summation of individuals submitted in item 5.4.1, A Name Title / Role in City Project Name of Firm Years of Experience Office Location David Daley Risk Management Consultant Gehring Group 17 Palm Beach Gardens, Florid C. Sub-Consultant Firm Summary Firm Name (sub-consultant) Brief statement as to the need for and benefits that the sub consultant will provide Brief Summary of any Past Projects Prima Firm has completed with the Sub- Consultant Page 19 366 15 N/A N/A N/A Submitted as Attachment and labeled as 5.4.1 C or Type/Provide Response above 5.5. Firm History 5.5.1. Proposer's Financial Stability Submit proof of the financial stability of the Proposer and/or provide audited financial statements to substantiate the financial stability of the Proposer. If a financial stability statement is provided, Proposer to also include the name, address, and telephone number of a contact in the company’s principal financing or bank organization who can attest to the financial responsibility of the Proposer. Submitted as Attachment and labeled as 5.5.1 or Response provided as: Gehring Group, Inc. is organized as a Florida Subchapter S-corporation, of which Kurt Gehring is the Principal owner. As a non-public company, Gehring Group does not prepare or file audited financial statements for public distribution or file with the Securities and Exchange Commission. Under the direction of Kate Grangard, CPA, CFO, and Katherine Bellantoni, CPA, Controller, both Florida Certified Public Accountants, Gehring Group employs a conservative fiscal approach and prudent decision making. The predominant portion of Gehring Group’s revenue is received from monthly commissions and consulting fees and Gehring Group has enjoyed continuous, year-to-year operating profitability. Gehring Group maintains a positive capital balance and reinvests its profits into the development of client-oriented services and technology such as our in-house Graphics Department and Bentek®. In addition, Gehring Group maintains a strong banking relationship and credit, reference to which is available upon request. As a best practice, upon receipt of any premium payments from clients, Gehring Group immediately deposits those payments in a separate account and makes payment directly to the carrier within 48 hours. 5.5.2. Litigation A. Provide a summary of any litigation filed against the Proposer in the past seven years which is related to the services that Proposer provides in the regular course of business. The summary shall state the nature of the litigation, a brief description of the case, the outcome or projected outcome, and the monetary amount involved. If none, state as such. Submitted as Attachment and labeled as 5.5.2 A or Type/Provide Response here: Gehring Group, Inc. is pleased to state that it has not been a party to any litigation in the past seven (7) years or since its inception in 1992. B. Provide a summary of any litigation filed against the sub consultants identified as part of the team in the past seven years which is related to the services that sub consultant provides in the regular course of business. The summary shall state the nature of the litigation, a brief description of the case, the outcome or projected outcome, and the monetary amount involved. If none, state as such. Submitted as Attachment and labeled as 5.5.2 B or Type/Provide Response here:None 5.5.3. Contract Termination Provide a summary of any contracts (term contracts and single project) that the Owner provided notice of cancellation to your firm, with or without cause in the past seven years. The summary shall state the name of the Owner, summary of the contract, term of the contract and reason for cancellation. If none, state as such. Submitted as Attachment and labeled as 5.5.3 or Type/Provide Response here:None. Page 20 367 16 5.6. SCOPE OF SERVICES/TECHNICAL REQUIREMENTS: This section of the Proposal Response Form should explain the scope of services/technical requirements as understood by the Proposer and detail the approach, activities and work services. This section should demonstrate that the Proposer has knowledge of the City’s scope of services/technical requirements as provided in PART II – STATEMENT OF WORK. 5.6.1. Approach 5.6.1.1. Explain the firm’s approach to delivering the scope of services as detailed in Part II, with reference to items 2.2.2 – 2.2.13 Include in the response the number of hours the Proposer estimates will be spent on the major lines of coverage: Excess General Liability and Worker’s Compensation, EMT Professional Liability and Cyber Liability. Type/Provide Response here for approach: See Attachment #2 under Tab B for Approach & Methodology Type/Provide Response here for estimated hours for Excess General Liability & Workers’ Compensation: As much time as needed. We dedicate year-round service to address training, mitigation, report review, collective bargaining negotiations, council presentations and budget prearations. We are available for an unlimited number of meetings to help achieve all fo Boca Raton's goals. Type/Provide Response here for estimated hours for EMT Professional Liability: As much time as needed. We dedicate year-round service to address training, mitigation, report review, collective bargaining negotiations, council presentations and budget preparations. We are available for an unlimited number of meetings to help achieve all fo Boca Raton's goals. Type/Provide Response here for estimated hours for Cyber Liability: As much time as needed. We dedicate year-round service to address training, mitigation, report review, collective bargaining negotiations, council presentations and budget prearations. We are available for an unlimited number of meetings to help achieve all fo Boca Raton's goals. 5.6.1.2. Describe how your organization is best suited to provide broker services for the City of Boca Raton; how would you differentiate your organization from others in the industry? Type/Provide Response here:Gehring Group is unique in our qualifications to be your broker/consultant for three notable reasons: 1) we are public sector experts as public sector is our ONLY industry specialty; 2) our unique non-producer corporate organizational structure allows us to offer our clients a broad depth of value- added services and a deep bench of expertise without the concern of its effect on the personal revenue or earnings of a sales-driven producer; and 3) our all-inclusive service model allows our clients the opportunity to utilize our resources without concern for additional cost. First, public sector is (and for the past 28 years, has been) our ONLY specialty industry, and accordingly it influences how we think, and how we tailor our services – specifically for the unique needs and nuances of this very important sector of employer organizations. Currently, we provide insurance related services for over 100 public sector clients throughout Florida. These organizations include municipalities, counties, school boards, special taxing districts and constitutional offices. Our extensive public sector focus and expertise affords us the ability and experience to provide real time benchmarking studies and related case study comparatives for consideration. Page 21 368 17 Second, our organization is a collaborative advisory firm, rather than an agency of producers. Our team members, including our risk management consultants, are paid a salary rather than a commission. What this means for our clients is a depth of centralized resources, a think tank of seasoned experts and professionals exclusively committed to serving our clients’ interests; collaborating and negotiating in an informed and experienced concurrent manner in order to achieve the most cost savings and greatest results for our clients. It also means resources – we employ our own safety and loss control officers, claims administrators, wellness coordinators, risk managers and graphic designers, and we tap into necessary outside focused resources to benefit our clients such as employment attorneys, property appraisers, medical advisors and actuaries, all of whom have property & casualty and workers compensation program specialties. Without producers as a sales force, it is especially important to our organization that we create amazing client experiences – because we grow by having great references. At the foundation of Gehring Group’s approach to client engagement is a commitment to transparency, flexibility, and responsiveness. Third, Gehring Group is unique in that we offer an all-inclusive model. Our core services exceed those requested in the Scope of Services outlined in the City of Boca Raton’s RFP #2021-002 for Broker Services for Casualty & Excess Insurance; and we have indicated various additional value-added services, all of which are included within our compensation. As the top producing broker/consultant exclusive to public sector entities throughout the state, we have earned the distinct honor of being the only agency in Florida to be granted administrative access to multiple public entity trusts, including Preferred Governmental Insurance Trust (PGIT) and Florida Municipal Insurance Trust (FMIT). We also maintain active relationships with standard market public-entity carriers such as, Travelers, CNA, AIG, BRIT Specialty, QBE and more. This exclusive diversity provides us an opportunity to make recommendations to improve products and services based on real time and relevant feedback from our clients to our carriers regarding specific programs and risk models. This also provides us considerable leverage during client negotiations. In summary, Gehring Group meets and exceeds the minimum requirements of the City of Boca Raton’s RFP# 2021-002 for Broker Services for Casualty & Excess Insurance; and we are confident that we can provide the City with additional value and exceptional services. Our approach to the business as detailed in this proposal, coupled with our industry experience, market relationships and enthusiasm, make us a broker of choice for many public entities. We thank the members of the Evaluation Committee, in advance, for your review and consideration of our comprehensive response, and we stand ready to provide any additional clarification or information requested. 5.6.1.3. Provide examples of strategies and techniques you would use for the City to measure and ensure client satisfaction? Type/Provide Response here:Annually, at an agreed upon date, the Gehring Group conducts a review meeting designed to evaluate our performance, review the results of your insurance program, discuss any new operations or acquisitions you are contemplating, identify new and emerging risks, update you on recent market conditions/trends, and plan our next renewal strategy meeting. We conduct these annual meetings in order to identify opportunities for improvement to our services, to realign the services currently being provided to the City in the event that they are either insufficient or unnecessary to accomplish their goals and to ensure that the Gehring Group and the City are moving forward into the next policy term with the same goals. Gehring Group also employs a Client Experience Team which conducts inquiries to ensure that our clients are receiving the services they need, in the manner that best suits them. the Client Expereince Team will conduct survey meetings with our clients and act as a separate accountablity resource to ensure client satisfaction. 5.6.2. Statement of Work Compliance Checklist For each item referenced in the Compliance Checklist below, Proposer is to confirm Service Broker can provide service as stated in Scope of Services. If not, indicate with “X” as a deviation. For deviations, provide supporting documentation . Ref No. Item Description Cross Reference from 2.2 Confirm can provide Deviation with Supporting Page 22 369 18 Scope of Services (X)Attachment Provided (X) 1 Marketing 2 Risk Management and Assessment 3 Loss Management 4 Indemnification/Hold Harmless Clause 5 Policy and Insurance Language 6 Use of City Owned Property 7 Excess Insurance 8 Conference meetings 9 Account Executive & Team 10 Meet or exceed A- rating (required for Excess) Detail any additional services provided at no additional fee that will be included in the Scope of Services for the City that are relevant to a strong insurance / risk mitigation program: 2.2.2 X 2.2.3 X 2.2.4 X 2.2.5 X 2.2.6 X 2.2.7 X 2.2.8 X 2.2.9.1 X 2.2.9.2 X 2.2.9.3 X Page 23 370 19 Type/Provide Response here:Annual On-site safety inspections, including actionable resolutuion reports; online safety training courses, on-site/off-site safety training (DOT, OSHA); Attend/Facilitate regular safety committee meetings; client education classes, trainings and seminars; Client attendance at Gehring Group Public Sector Insurance, Education and Excellence Summit; access to unique Gehring Group programs such as, First Responder PTSD/CISM mental health provider networks and Employee Disaster Recovery Assistance. (Sample Employee Disaster Recovery Plan included in Attachment 7). 5.7. DEVIATIONS TO THE SAMPLE AGREEMENT Indicate any minor exceptions to the Sample Contract/Agreement. The sample agreement is the City’s normal terms and conditions, and deviations are discouraged. Exceptions to the attached Sample Contract/Agreement are business concerns for the City. If your company takes exception to any clause in the sample Contract/Agreement please identify what that exception(s) is/are and how your firm suggests phrasing that clause(s). Depending upon the degree of the exception(s) to the City language, there may be an adverse impact to the evaluation of your proposal. Any deviations to the insurance requirements are to be included in this section. No exceptions taken or Type/Provide Response here: 5.8. ORGANIZATIONAL STRUCTURE FOR PROVIDING THE SERVICES A.Organizational Chart Provide a general organizational chart detailing the Proposers organizational structure. Chart to detail how your firm is structured. At a minimum, Chart/Outline to identify : ♦names of key individuals identified in item 5.3.5 above ♦Lines of reporting / communication ♦name of firm individual is employed by Submitted as Attachment and labeled as 5.8 A or Response provided as: Please see Attachment #3, Qualifications & Experience of Individuals Assigned to City Project under Tab B. 5.9. BUSINESS OPERATIONS AND PERFORMANCE STANDARDS A.Quality Assurance / Business Operations 1. Indicate what reporting data your firm will include when preparing at-loss reports, insurance market trends and outlook, and risk retention recommendations. Submitted as Attachment or Type/Provide Response here:Gehring Group provides several standard as well as ad-hoc reports for our client, including claims data reporting with trend analysis; market trend analysis coupled together with renewal premium projections for use in annual bugeting, and risk retentions recommendations which may involve actuatrial analysis and reporting to support imperical data. Please see Attachment 5, Snapshot Summary Reports in Tab B. 2.What is the client mix of the primary servicing office? Page 24 371 20 100 % Governmental 0 % Private Sector B.Response Times and Commitment to Schedules 1.What types of technology, techniques and/or methods will be used by your firm to track policies so you can ensure that your firm is proactively addressing coverage on a consistent basis? Submitted as Attachment or Type/Provide Response here:Gehring Group prides itself on remaining at the forefront of technology. We continually review the landscape of insurance and service tools that enhance and improve how we can provide the most precise and professional results to our clients. In keeping with that model, the Gehring Group secures a new and innovative Agency Management System called Veruna. Veruna allows us to configure their software to match our unique governmental client segment by building customizable customer workflows, automated back-end processes and interact seamlessly with tools and customer-direct websites and portals. Veruna has the capability to keep your entire service team connected to all of our clients policies, programs and services, in real-time, at the office or while we are mobile. So, while your safety officer isverirying a loss control matter at a location, your risk analyst can verify the assets that are covered at that location and submit a task to your account manager who can submit an endorsement request to the City's insurance carrier. Veruna promotes the efficiency, accuracy and connectivity to give our clients confidence that your needs are always always met. 2.Identify the response time and preferred methods for communication for pre, during and post dates of policy coverage. Submitted as Attachment or Type/Provide Response here:Gehring Group's standard is to return a call or email within 24 hours, but generally in the same day. We strive to be available to our clients whenever the need arises through various methods of communication including telephone, email, conference call, video conference or onsite. 3.Indicate all Essential Staff Contact information, Sunday through Saturday, and days and hours they can be contacted by City staff. Identify if cell phone numbers will be provided to the Risk Management Division. Contact Name and Title Email Address Direct Business Phone Cell Phone No. will be provided? Y / N Days and Hours Can be Contacted Primary Account Executive and First Point of Contact: Rodney Louis, Risk Services Director rodney.louis @gehringgro up.com 561-626-6797 Yes 8:00 a.m. - 8:00 p.m. Monday - Saturday Alternate: David Daley, Risk Management Consultant david.daley@ gehringgroup. com 561-626-6797 Yes 8:00 a.m. - 8:00 p.m. Monday - Saturday Paul DeSilva, Risk Analyst paul.desilva@ gehringgroup. com 561-626-6797 Yes 8:30 a.m. - 6:00 p.m. Monday - Friday Thomas Willins, Account Manager thomas.willin s@gehringgro up.com 561-626-6797 Yes 8:30 a.m. - 5:00 p.m. Monday - Friday Valerie Ensinger valerie.ensing er@gehringgr oup.com 561-626-6797 Yes 8:30 a.m. - 5:00 p.m. Monday - Friday Page 25 372 21 Kurt N. Gehring, Executive Staff kurt.gehring @gehringrou p.com 561-626-6797 Yes 8:00 a.m. - 8:00 p.m. Monday - Saturday 4.Indicate your turn-around time for phone calls and emails from City staff? Type/Provide Response here:Gehring Group’s standard is to return a call or email promptly, generally within the same day; however, our clients enjoy the ability to always get a message to their account managers who are out of the office either through their cell phones or our administrative assistants. 5.Identify office location where Primary executive and team/agents assigned to the City’s account are staffed from. Submitted as Attachment or Type/Provide Response here:The office location where the Primary executive and team/agents assigned to the City's account are staffed from the Gehring Group's headquarters located at 3500 Kyoto Gardens Drive, Palm Beach Gardens, Florida 33410. 6.What training and educational opportunities does your key staff regularly attend to stay current on trends and industry changes. Submitted as Attachment or Type/Provide Response here:Gehring Group’s focus on employee education and training begins with our requirement that team members with direct client interaction obtain their Florida professional insurance license. In addition, all new hires must complete our own internal training program which consists of one-on-one training, departmental training, team training and shadowing as well as the opportunity to participate in mentorships. The education process at Gehring Group is ongoing. We bring in experts on various topics to provide relevant continuing education to our employees, and we encourage advance level education by making tuition reimbursement available toward undergraduate as well as post-graduate degrees. We also cover the cost of all related, industry specific certifications such as ARM and CIC, CPCU and CPIA as well as the continuing education requirements to maintain such designations and licenses. 5.10. ADDITIONAL DATA A.Any additional information which the Proposer considers pertinent for consideration should be included in this section of the proposal. Type/Provide Response here:Gehring Group’s service philosophy is to of remaining involved with our clients on a year-round basis, not only at renewal time. At the beginning of each plan year, we develop a timetable of activities to include anticipated tasks such as on-site safety inspections, and scheduled meetings such as quarterly reviews or insurance committee meetings. This schedule can be customized to accommodate any additional services requested by the client. Gehring Group has a longstanding commitment to quality assurance that starts with the hiring of outstanding talented professionals who work under a team approach to servicing clients, ensuring that client requests are responded to thoroughly and with expertise. Gehring Group operates under a unified service approach, whereby all staff is responsible for the successful servicing of all clients. The accessibility and attendance of our management and executive teams at various conferences and client functions not only builds our relationship with our clients, but also supports our position that we are available and accessible in the event of a client issue or concern. All managers and executives Page 26 373 22 employ a hands-on approach with regards to their positions, offering another integral level of expertise to our clients. Each staff member is considered an important part of the team, representing us at seminars, attending prospective client visits to overview their roles, and contributing to the competitive bid process. Most of all, our employees understand the greatest influence on sales is reaped by providing excellent service to all current clients, to form an unparalleled reference base. We hire highly qualified, professional, productive individuals who bring the skills and capabilities to meet our stringent expectations and expand each department as needed based on client growth. All present members of our Company meet each week to endorse the team approach. As a Company, we provide our employees the technology and tools to perform their duties and responsibilities as required, including the use of a web- based task management system to track items needing resolution. Gehring Group’s commitment to customer service and quality assurance can be verified by contacting our client references included in Section 5.3.3 above. or Submitted as Attachment and labeled as 5.10 5.11. CONFIDENTIAL DOCUMENTS In accordance with item Error! Reference source not found., Proposer may elect to submit a redacted version of their RFP response. Redacted version constitutes exact same proposal submitted with confidential sections of proposal shaded or grayed out for public viewing as further detailed in Error! Reference source not found.. Redacted Version Submitted with Summary Sheet? Yes No Page 27 374 Tab B: Attachments to Proposal Response Form Attachment 1: ................................................................................... History & Qualifications of Firm Attachment 2: ............................................................. Scope of Services, Approach & Methodology Attachment 3: ............................. Qualifications & Experience of Individuals Assigned to City Project Attachment 4: ..................................................................... Available Online Safety Training Courses Attachment 5: ............................................................................... Snapshot Claims Summary Report Attachment 6: ................................................................. Sample Site Inspection Assessment Report Attachment 7: ................................................................................ Employee Disaster Recovery Plan Attachment 8: ............................................................................. Risk Management Resource Library Page 28 375 History & Qualifications of Firm Firm History (response to 5.3.2 - #1) Incorporated in 1992, Gehring Group has been providing expert risk management consulting services to Florida public sector clients for over 28 years and has grown to become one of the most respected insurance and risk management consulting agencies in the state. Gehring Group has experienced consistent growth year over year in staff and number of clients. Kurt Gehring remains 100% owner of the firm; therefore, decisions can be made quickly without the layers and red tape inherent in other firms. Gehring Group’s philosophy is to provide a full range of superior brokerage and consulting services to each of our clients. We take an innovative, proactive approach to continuously enhance the quality of our performance level beyond industry standards by providing an unparalleled service philosophy and a dedication to protecting the financial assets of our clients. Gehring Group’s team of experts strives to become informed of each client’s risk philosophies and tolerances and to work diligently to produce your desired results. Our goal is for our clients to realize real dollar savings, while experiencing reductions in risk hazards and exposures through increased communication, awareness, and availability of resources. Gehring Group currently employs 64 full-time staff members, five of whom work remotely throughout the state, and specializes in serving the public sector. Currently serving over 100 public sector entities, which encompass over 90% of the Gehring Group’s client base, our firm is uniquely qualified in its understanding of public entity issues. Our risk management services currently include, but are not limited to: Insurance Policy Marketing & Evaluation Claims Review & Dispute Resolution Program Audit Verification of Assets & Coverages RFP Development & Proposal Evaluation Drafting of Policy & Safety Manuals Claims Experience Rating Management Risk & Safety Assessments/Inspections Policy Analysis & Comparisons Claims Administration & Advocacy Contract Review & Consultation Loss Control & Safety Services Council & Board Presentations At Gehring Group, we differentiate ourselves by going beyond traditional boundaries and by designing and managing fully integrated risk management and commercial insurance programs. Experience of Firm & Public Sector Focus (response to 5.3.4) Having served over 100 public sector entities in Florida, Gehring Group has significant expertise in servicing all lines of property and casualty coverage for all types of public sector entities. Public Sector is not just a division of our firm – it is all we do. Our team has a comprehensive level of experience in conducting all phases of the procurement process, analysis, and recommendation process for all types of insurance funding, whether fully insured or self-insured. Our involvement will be comprehensive as we compile the data for submission to the insurance market and work with the procurement division and risk staff to maintain integrity of the bid process. Our team has vast experience in the solicitation of all types of insurance, and we are confident that acquisition of various competitive options will be accomplished. ATTACHMENT 1 Page 29 376 Since the majority of Gehring Group’s client base consists of public entities our firm is uniquely qualified in its understanding of public entity issues. We understand the bid process and public record laws while maintaining familiarity with the constantly changing and complex statutes that apply to governmental organizations. This specialized knowledge is especially vital when negotiating renewals and program changes with insurance carriers and insurance consortiums. Gehring Group’s successful experience with public sector entities is further evidenced by the following list of CURRENT clients for whom Gehring Group provides property and casualty consulting services: Current Risk Management Governmental Entity Clients Boynton Beach, City of Margate, City of Charlotte County, BOCC Martin County BOCC Clerk & Comptroller, Palm Beach County Monroe County BOCC Deerfield Beach, City of North Palm Beach, Village of Dunedin, City of Osceola County Sheriff’s Office Greenacres, City of Palm Beach County Sheriff’s Office Highlands County BOCC Palm Springs, Village of Jupiter Island, Town of Sarasota County Sheriff’s Office Keys Energy Services Tequesta, Village of Key West Housing Authority Venice, City of Lake Park, Town of Wellington, Village of Mangonia Park, Town of West Palm Beach Housing Authority Public Sector Case Studies (response to 5.3.2 - #5) Gehring Group remains on the forefront of the industry, recommending creative solutions and innovative strategies that help our clients save money. There are many examples in which Gehring Group has aggressively pursued cost-effective risk management programs for its clients. The following examples include actual case samples of Gehring Group clients ranging in employee size, who have experienced notable savings due to Gehring Group’s expert consulting, negotiating experience, value-added services, and knowledge of product offerings: Case Study #1 In 2005, the Gehring Group was awarded the contract for property and casualty brokerage services for the Charlotte County BOCC. Through our assessment and analysis, we were able to identify discrepancies in the property coverage levels for their more than $300,000,000 total insured property values. As a part of our process, we were able to better accurately provide greater coverage limits with additional enhancements while providing an overall cost savings to the County. During the immediately following storm season, the eye of Hurricane Charley crossed directly over Charlotte County. Throughout the ensuing aftermath and recovery, the Gehring Group was present with boots on the ground, assisting carrier adjusters and FEMA project managers to evaluate and assess damages. Fortunately, the processes that Gehring Group employed to build and recommend their property insurance coverage programs proved to successfully work as designed. Charlotte County’s property insurance policy construct provided 100% of the funding necessary to fully rebuild all the County’s affected assets, while leaving just $1,400,000 of the total policy’s $50,000,000 windstorm limits remaining. Page 30 377 Case Study #2 In 2018, the Gehring Group was approached by the Sarasota County Sheriff’s Office to assess their current insurance cost allocations being apportioned by the County for any potential anomalies. We analyzed the claims, commissioned an actuarial study, and conducted a benchmarking survey in order to provide the agency with accurate findings. The results indicated that there may have been significant savings experienced by the Sheriff’s Office by seeking to develop its own casualty and workers compensation program, apart from the County. Gehring Group took the prior analysis and worked with the Sheriff to educate the Sheriff on its exposures and the relevant risk financing methods available. We met repeatedly to discuss and develop risk tolerances, mitigation practices, and procedural processes. We then engaged the insurance markets to seek out carrier programs and coverages that fit their risk financing goals and objectives. We also drafted RFP documents and facilitated the procurement process of soliciting Third Party Administration (TPA) services on behalf of the Sheriff’s office. After evaluating all insurance carrier proposals, drafting summary findings of the TPA procurement, and providing a written recommendation for the overall program, the total annual savings presented to the Sheriff’s Office by creating their own risk management program was more than $940,000! Case Study #3 Gehring Group disputed findings from the most recent P&C package policy audit for the Village of Wellington, who received a bill of more than $130,000. Our knowledge of the state statutes surrounding governmental entities and the meticulous veracity with which we conducted our investigation and analysis lead to the acquiescence of the auditing firm that we were correct in our assessment. The result was a credit of more than $50,000 to the Village, a reversal of over $180,000! The City of Boca Raton’s team at Gehring Group has over 169 years of combined experience in the marketing and placement of public entity property casualty insurance programs. As an insurance agent with a concentration in public sector, we are uniquely knowledgeable about all available options (and differences among these options) as well as exposures germane to the City of Boca Raton. Due to our reputation and current portfolio in the public sector, we are the only agents/brokers with direct administrative access to multiple municipal entity insurance trusts and insurance pools in the state of Florida in addition to access to the layered insurance market. Our current portfolio of public sector clients has placed their property and liability exposures in both insurance trusts and in the layered property insurance market. Gehring Group has shown its greatest expertise is in placing and servicing comprehensive insurance program that meets the goals and needs of the public sector with particular emphasis on their scheduled and potentially unscheduled exposures. We recognize that insurance is not generic, and the needs and exposures of our clients are not cookie cutter. By providing consulting services to the City of Boca Raton’s risk management team, we would act as the City’s advocate for the various insurers. Due to the complexity of available risk exposures, we first evaluate the available loss control programs included with the carrier services. Independent Status Gehring Group is a completely independent agency. We do not have a fund that we or a related entity holds; we do not sell related party insurance products; and we do not accept awards for the placement of premiums with carriers. This decision to remain independent is in line with our values of integrity and transparency. Our deliberate decision to remain unfettered to other organizations means that our commitment to that which is in the best interest of the City of Boca Raton will not waiver nor be influenced by external financial pressures. We make the transparent choice to drive our decisions surrounding expansion, service enhancement, technological development, and talent acquisition around what we experience from working through challenges with the public sector. Page 31 378 Additionally, Gehring Group has unique knowledge of Florida governmental trusts and the distinct honor of being the only agency in Florida to be granted administrative access to multiple public entity trusts, including Preferred Governmental Insurance Trust (PGIT) and Florida Municipal Insurance Trust (FMIT). The Gehring Group’s experience and position amongst the various trusts and the standard insurance markets allows us to effectively evaluate and make recommendations on all program options that may be available to the City of Boca Raton through these various providers. Gehring Group has a longstanding commitment to quality assurance that starts with a team of professionals assigned to each client, ensuring that client requests are responded to thoroughly, timely, and with expertise. Gehring Group continually brings on new talent, and strategically places newly acquired clients to ensure that the client to professional ratio is low, and that the complexity of the client is considered in the process. We have found that our clients’ needs have grown as the economy has been burdened, and we have increased our staff to be responsive to these needs. Market Relationships Gehring Group also has strong market relationships. We have positioned ourselves as the premier public entity service provider and are recognized throughout Florida as the largest public entity brokerage firm. This reputation for objectivity and professionalism has allowed us to develop dynamic working relationships with a vast number of excess and surplus insurance carriers, as well as with the state’s admitted insurance carriers and permitted us to become the sole agency in Florida with administrative working access to multiple public entity insurance trusts, including Florida Municipal Insurance Trust and Preferred Governmental Insurance Trust. A relationship with a carrier that involves administrative access means that our agency is allowed to communicate directly with the insurance providers’ various administrative divisions. This communication entails the ability to negotiate with, assist to create policy manuscript changes for your client, uncommon to the standard coverage forms usually provided by the carrier, advocate with policy adjusters and provide direction to them on behalf of the member, share reporting and service plans with loss control staff and represent our agency or our clients at exclusive, member-only forums and events, hosted by the trusts. Gehring Group’s exclusive administrative access with FMIT has allowed us to negotiate coverages and premiums for our clients, even after initial proposals and coverage terms have been submitted. We have direct access to FMIT’s staff and vendors to review and negotiate audit results, claims reserves and underwriting customizations. This relationship involves trust and respect in the itegrity of the members advocate and the knowledge that while the member’s interests take precidence, they can rely on our agency to respectfully represent their program to our clients without any preconcieved bias. Gehring Group also enjoys similar administrative access with PGIT as an appointed company allowed to work with its staff members to negotiate, create, and advocate for the best coverage programs that best address our client’s operations. Our relationship allows us to receive regularly scheduled updates form adjusters and the ability to discuss and influence important decisions such as claims reserves. The administrative access afforded Gehring Group by both FMIT and PGIT is a mutual collaboration of trust and admiration that creates opportunities for coverage maximization, customization at the most competetive annual cost for our clients. We only work with reputable, financially stable, solvent and highly rated insurance carriers. We take into consideration insurance company A.M. Best ratings in our goal of providing each client with the program that is most in line with the City of Boca Raton’ philosophy and budgetary constraints. The following is a Page 32 379 list of insurance carriers (markets) to which Gehring Group has access to and with whom Gehring Group has a current relationship: Name of Company AM Best Rating Name of Company AM Best Rating Admiral Insurance Company A+ Kemper Corporation A- AIG/National Union Fire Insurance Co A Landmark American Insurance A Allied World Assurance Co A Lexington Insurance A Allianz U/W Insurance Co A+ Liberty Surplus Insurance Company A Aliant Property Insurance Program NR Lloyds Of London Companies A American Safety Insurance A Midwest Employers Casualty CO. A+ Arch Excess & Surplus Lines Ins A+ Mt. Hawley Insurance A+ Arch Specialty Insurance A+ Mt. Vernon Fire A++ Aspen Specialty Insurance A National Fire & Marine A++ Axis Surplus Insurance A+ Nautilus Insurance Company A+ Burlington Insurance Co A North American Capacity A+ Catlin Specialty Insurance Co A Northfield Insurance A+ Chubb Custom Insurance A++ Nutmeg Insurance Co A Clarendon America Insurance NR Old Republic Union Insurance A CNA A One Beacon Property A u Colony Insurance A Pacific Insurance Companies A Crum & Forster A Philadelphia Insurance Co A++ Darwin Select Insurance A Princeton Excess & Surplus A+ Endurance American Specialty A QBE Insurance A Essex Insurance Co A RLI Insurance A+ Evanston Insurance Co A Rockhill Insurance Co A Fireman’s Fund Insurance A RSUI Indemnity A First American Specialty Insurance A Safeco Surplus Lines Insurance A First Specialty Insurance Co A St. Paul Surplus Lines Insurance A+ Great American E&S Insurance Co A Safety National Insurance Co. A Great American Fidelity A Steadfast Insurance Company A+ Gulf Underwriters Insurance A+ Tokio Marine A++ Hallmark Specialty Insurance A- Torus Specialty Insurance A u Hartford Fire Insurance Co A Travelers Excess and Surplus Ins A+ Hartford Steam Boiler A++ Tudor Insurance Company A+ Illinois Union Insurance Co A+ United National Insurance A Indian Harbor Insurance Co A United Specialty Insurance A Ironshore Specialty Insurance A Westchester Surplus Lines A+ Interstate Fire & Casualty A XL Select Insurance Co A James River Insurance A- Zurich American Insurance Co A+ Page 33 380 Corporate Values & Culture Gehring Group has grown from three employees at its inception in 1992 to over 72 employees today. We have developed a unique corporate culture that has allowed us to attract the best talent available in the marketplace and retain many of these employees for over 10 years. Longstanding tenure amongst our employees ensures that the City of Boca Raton will receive consistent service that it can count on year to year. Furthermore, we understand that the best way to take care of our clients begins with taking care of our employees. We are proud to announce that Gehring Group was ranked in the Top 10 Best Places to Work in South Florida by the South Florida Business Journal for 2017 - 2021! Gehring Group was also ranked as one of the Top 30 best companies to work for in Florida by Florida Trend magazine. We are also proud to have earned recognition as one of Florida’s Healthiest Employers by the South Florida Business Journal. Being selected for this award is a great tribute to every one of our employees, and a reflection of our corporate culture and of the support we receive from our clients. Being an honoree for these awards is a great tribute to each and every one of our employees, and a reflection of our corporate culture as well as a reflection of the support we received from our clients. Community Commitment & Accolades Through the efforts of our Helping Hands and Healing Hearts community service committee here at Gehring Group, our staff regularly provides hands on service in the community including assisting programs run by our clients as well as other charitable and community service organizations. Such community service efforts include but are not limited to: − Annual participation in Paint Your Heart Out through Solid Waste Authority, a non-profit organization that offers home maintenance assistance to the disabled, elderly, and low-income families; − Volunteering with Habitat for Humanity to build homes for deserving families; − Sponsoring the annual Homelessness Breakfast and supporting other initiatives of The Lord’s Place in ending homelessness; − Fundraising for the ARC of Palm Beach County and hosting events and activities for Arc clients such as “Bowl in the Dark for Arc”; − Annual sponsor and volunteers for The Crockett Foundation's Family Health and Community Festival, one of Broward County's largest school-supply donation events where more than 3,000 students and families received school supplies, new shoes, free physical exams, immunizations, and haircuts; − Sponsor and volunteers for the annual SunFest Kids’ Day, hosting themed activities for more than 200 children with special needs to enjoy a day filled with games, music, and crafts; and − Sponsoring the Annual Big Apple Scholarship Luncheon hosted by the Palm Beach County Women's Chamber of Commerce and donating scholarships to up to six women and girls wishing to pursue a higher education. Gehring Group’s commitment to our local community has since been recognized by the following organizations: − Awarded the Corporate Citizenship Award – Legacy South Florida magazine − Nominated for the 2018 Community Giant Service Award – Inner City Youth Golfers’ Inc. Page 34 381 − Government of the United States Virgin Islands recognition (trophy) for the support and contribution during recovery efforts for Hurricanes Irma and Maria (present on 12/4/17) − Lifetime Honorary Member of the Florida Sheriffs Association − Arc Angels Corporate Leadership Award 2015 & 2016, presented by Arc of Palm Beach County − Giraffe Business Award, presented by the Women’s Chamber, Palm Beach County − 2017 Volunteer of the Year, presented by Arc of Palm Beach County Focus on Client Education & Resources Each Spring, Gehring Group hosts its Public Sector Insurance Education, Innovation and Excellence Summit where our public sector clients are invited to attend various training sessions on Leadership, Wellness, Legislative and Compliance Updates, Innovation and Trends in Employee Benefits and Risk Management. The Summit is free of charge to our clients and includes hotel accommodations! During our 2019 Public Sector Insurance, Education, Innovation and Excellence Summit for our clients, our risk services agenda included educating our public sector clients on the specific language addressing the First Responder PTSD bill, what is expected of employers and the resources available to help satisfy the statutory education requirements. Gehring Group also provided a presentation on Active Assailant Training performed by the Palm Beach County Sheriff’s Office who also conducts a live simulated training for the Palm Beach International Airport as part of a joint agency operation with TSA, Homeland Security, and the FBI. The sobering yet informative program emphasized the importance of preparation, vigilance, and awareness not just in the workplace, but also in the community. At the Public Sector Insurance, Education, Innovation and Excellence Summit, Gehring Group also conducted a roundtable where agencies and municipalities from around the state were able to discuss 2019 Paint Your Heart Out Community Outreach – Street Beat, Inc., South Bay, FL Page 35 382 their most pressing concerns about the new legislation and collaborate around available solutions. Further, we continue to inform our clients throughout the year of any legislative updates regarding the PTSD bill and Firefighter Cancer Bill, or any other statutory changes through our email newsletters and alerts. As the threat of the COVID-19 virus continues to grow throughout the United States, and in our Florida proximity, the insurance carriers who cover our area have modified the coverage provisions related to compensability, cost sharing, testing, and even operations interruption. In an effort to assist our clients to navigate and understand fast emerging legislative changes, communicate with employees, and receive guidance from legal interpretations and opinions, we revamped our client portal to provide a central location for all of our COVID-19 related resources. As they pertain to: Newsletters and updates Employee documents and policies Carrier communications and resource updates State and federal legislation and resources Webinars and workshops Page 36 383 Scope of Services, Approach & Methodology Scope of Services (response to 5.6) Per the City of Boca Raton’ RFP #2021-002 for Broker Services for Casualty & Excess Insurance, Gehring Group, Inc. understands the work objective to include, but not be limited to the items listed below. Gehring Group acknowledges all items listed in the below Scope of Services and certifies that the methodologies and approaches outlined throughout this RFP response meet or exceed the City of Boca Raton’s requirements as set forth therein. 2.2.1 Types of Insurance Policies: The Awarded Proposer shall be directed by the City’s Risk Manager to market, negotiate and recommend carrier(s) selection for City consideration and purchase of the following: a. Excess Insurance including, but not limited to the following coverages: • General Liability, Excess Liability: Sexual Harassment liability and Sexual Abuse liability. • Automobile Liability • Public Officials Miscellaneous Liability: Errors & Omissions, Employment Practice Liability, Sexual Harassment Liability and Sexual Abuse Liability • Workers’ Compensation & Employers Liability b. Casualty Insurance including, but not limited to the following coverages: Bond Policy (Treasurer, City Manager and Finance Director), AD&D Police and Fire, EMT Professional Liability, Ocean Marine and/or Ocean Marine Including Tug and Barge, Special Events, Parking Garage Liability Coverage for Special Events, Volunteer Insurance, Railroad Protective Policy, Summer Camps, Parks and Recreation General Liability (Tenants), Parks and Recreation Accident Insurance, Crime Coverage Policy, Cyber Liability, and any other event related coverages the City may require. The City’s current list of insurance policies is referenced in Table 01 below. Table 01 – Current Policies Note: The policies currently in place as referenced in table below for the referenced dates of coverage will not be cancelled or interrupted. It is the City’s intent to secure new policies when needed and seek renewals following the lapse of coverage under the newly awarded Agreement. In the event additional services are required beyond those outlined herein, the Awarded Proposer will be paid a percentage of the policy premium as proposed in the Part VI Price Proposal. NAME OF POLICY DATES OF COVERAGE POLICY LIMITS Crime 06/01/18 - 06/01/21 $ 1,000,000.00 Bond - Treasurer (Cormac Conahan) 08/01/20 - 08/01/22 $ 100,000.00 ATTACHMENT 2 Page 37 384 NAME OF POLICY DATES OF COVERAGE POLICY LIMITS Bond - Finance Director (Linda Davidson) 01/11/20 - 01/11/22 $ 100,000.00 Accidental Death & Dismemberment (AD & D) Police & Fire 10/01/20 - 10/01/21 $ 75,000.00 EMT Professional Liability 06/01/20 - 06/01/21 $1,000,000.00 Excess Liability-General Liability and Workers’ Compensation 10/01/20 - 09/30/21 $ 1,000,000.00 Hull & Pollution 01/15/20 - 01/15/21 value of hull Special Events (not renewed due to Covid-19, to be included as part of Scope of Services for annual service fee) 10/10/19 - 10/10/20 $ 1,000,000.00/$2,000,000.00 Railroad Protective Policy 08/11/20 - 08/11/21 $ 2,000,000.00/$6,000,000.00 Summer Camps 06/06/20 - 06/06/21 $ 1,000,000.00/$2,000,000.00 Parks & Recreation General Liability (Tenants) 08/17/20 -08/17/21 $ 2,000,000.00 Parks & Recreation Accident 06/06/20 - 06/06/21 $ 10,000.00 Cyber Liability 10/01/20 - 09/30/21 $ 1,000,000.00 2.2.2 Marketing: The Awarded Proposer shall consult with the City to formulate a marketing strategy that focuses on delivering a cost-effective Excess Workers’ Compensation and General Liability risk management program. At the direction of the City’s Risk Manager or Management Services Director, the Awarded Proposer shall market insurance policies, provide risk analysis, prepare underwriting submissions/specifications, marketing, program design, and carrier selection. The Awarded Proposer shall be actively involved to ensure the proper coverage is addressed for whatever the City may require. The Awarded Proposer shall be expected to consult with and/or update the City on any new insurance coverages that should be considered by the City based on City exposures and risk assessment. The Awarded Proposer shall maintain contact with global insurance markets, which are interested, available, and qualified to provide insurance and loss prevention services to the City. No less than sixty (60) calendar days prior to renewal of coverages, the Awarded Proposer shall meet with the City’s Risk Manager and Management Services Director to present a marketing report. The report shall be comprehensive and include at a minimum a current program evaluation, required marketing timetable, ratings of the appropriate markets, broker recommendations, and anticipated rates and premium. The Awarded Proposer shall submit all insurance proposals received and appropriate recommendations for City execution no less than thirty (30) calendar days prior to the policy expiration dates. All submission(s) shall include a matrix of all insurance proposals received which includes an evaluation of coverage, limits and cost. Marketing of any insurance policies shall be recommended, evaluated and approved by the City’s Financial Services Director or Management Services Director. Page 38 385 2.2.3 Risk Management Policy Development: The Awarded Proposer shall support the City’s efforts in developing Risk Management policies. This includes but is not limited to; presentation of industry standard practices; assistance in development of policies that support the goals of the City toward use of local resources; and assist in presentations to policy and decision-making authorities. Awarded Proposer shall inform the City of applicable Federal and State compliance legislation, legislative trends and issues, and necessary governmental filings. 2.2.4 Risk Assessment: The Awarded Proposer shall assist in the identification, evaluation, and support of risk exposures for the City and aid in the determination of the level of the appropriate risk retention for the City. Awarded Proposer shall recommend proper limits and coverages for risk and exposure common to the City and similar size cities. 2.2.5 Risk Financing: The Awarded Proposer shall provide the City with comprehensive information on market conditions and trends and assist the City with estimated renewal quotes for financial planning and budgeting in coordination with the City’s annual budget process period. 2.2.6 Loss Management: Awarded Proposer will assist the City in management of information regarding losses. Awarded Proposer shall provide expert assistance in the settlement of major claims and losses and assist the City in periodic evaluation of claims handling and administration, and reserves for self- insured retentions. Awarded Proposer shall provide input to the City and make recommendations regarding major losses incurred by the City during the previous and current policy periods. 2.2.7 Loss Development: Awarded Proposer shall support the City with resources for trending, forecasting, and premium calculation, and allocation in cooperation with actuarial services used by the City. 2.2.8 Indemnification/Hold Harmless Clause: The Awarded Proposer shall advise and provide recommendations for indemnification/hold harmless clause provisions referenced in contracts/agreements that effect the City for the purpose of adequately wording to protect the interests of the City. 2.2.9 Policy and Insurance Language: The Awarded Proposer shall assist City in the development and adequacy of insurance and liability specifications, bonds, and other risk management concerns for bids, request for proposals, contracts, leases and other agreements as required. The Awarded Proposer shall provide a thorough review with assistance and recommendations on certificates of insurance, binders, and endorsements on an as needed basis to ensure compliance with City requirements and as referenced in contracts/agreements that effect the City. The Awarded Proposer shall provide expertise in the verification, interpretation, and preparation of manuscript insurance policy forms and endorsements. This includes policy language, accuracy, form, compliance, application of risk, and the City’s intended needs as specified. 2.2.10 Annual Report: The Awarded Proposer is responsible for producing an annual report within forty- five (45) calendar days of the end of the fiscal year for the City. The end of the fiscal year is September 30th. This report is to include: a schedule of policies in force, premiums, losses, commissions, and fees earned or waived, developments and trends in the markets for these coverages and proposals in the City’s coverages. The Awarded Proposer shall submit the Annual report in an excel format to the City. Page 39 386 2.2.11 Use of City Owned Property: The Awarded Proposer shall comment and recommend coverage requirements for third parties requesting use of City owned property on an as needed basis. The aforementioned may occur with Special Event policies. 2.2.12 Excess Insurance: The Awarded Proposer will consult with the City to formulate a marketing strategy that focuses on delivering a cost-effective Excess Workers’ Compensation and General Liability Risk Management program. The Awarded Proposer will design specifications and create a submission for underwriter review for Excess Workers’ Compensation, General Liability and Miscellaneous Liabilities as defined by the City and obtain City’s approval on marketing submission and markets being approached. The Awarded Proposer shall have knowledge of package programs for Excess insurance that may provide coverage for multiple lines of insurance. The Awarded Proposer will review and analyze Excess coverage forms for inclusion and exclusion language and conditions. The Broker will provide alternatives for both occurrence and claims made coverage forms on the Excess policy during each renewal period. The Awarded Proposer shall suggest alternative risk financing vehicles to reduce the total cost of risk to the City. 2.2.13 Miscellaneous: The Awarded Proposer shall: 1. Provide the City with reports at appropriate policy intervals to include at a minimum loss reports, insurance market trends and outlook, and risk retention recommendations and philosophy. 2. Attend meetings as requested and as deemed necessary by the Risk Management division. Coordinate and arrange meetings when requested, between City and insurance company underwriter(s). 3. For certain policies, such as “Excess Insurance”, the Awarded Proposer shall be required to meet on City premises to provide presentations. 4. For other policies, the City encourages and prefers the Awarded Proposer to meet on City property in person from time to time for meetings and/or presentations, however if such is not possible, the Awarded Proposer may have the option of conducting such services via phone conference and/or go to meetings. 5. Provide an account executive and team assigned to the City to accommodate and provide consultation services as needed. 6. The following is encouraged for all types of insurance but shall be required for Excess Insurance: Except with prior written approval by the City, insurance secured by the Awarded Proposer on behalf of the City shall meet or exceed the minimum financial guidelines or a rating of not less than A- as assigned by A.M. Best. 7. The City reserves the right to maintain existing casualty insurance policies that were issued prior to the effective date of this agreement for dates of coverage that are in effect after the effective date of this agreement. Page 40 387 Approach & Methodology (response to 5.6.1) Gehring Group always puts its clients’ needs first. Ensuring the successful completion of a project begins with careful discovery and planning. It is critical to clearly define the project scope and goals prior to beginning the work effort. The Gehring Group team is confident that our team-based approach and relevant experience is an excellent match for the needs of the City of Boca Raton. Our Risk Management Services and Marketing Process is the foundation for how we do business at Gehring Group. Our procedure begins at the onset of the award. We do not operate under a “cookie cutter” approach; instead, we offer all available resources and develop timelines to facilitate the tailoring of a program that meets the needs of our clients. Gehring Group staff will work closely with the City of Boca Raton to ensure this process aligns with the City’s goals. Our approach and methodology will involve an in-depth assessment of the City’s exposures from four different perspectives: Risk Manager, Insurance Consultant, Safety Officer and Risk Analyst. At the foundation of the Gehring Group team approach is a commitment to transparency, flexibility and responsiveness that ensures “seamless” operations and project administration. Our project approach is a “living document” designed for any changes as the project unfolds. Gehring Group takes a five- phase approach to help you manage your insurance programs and risk management needs which are illustrated below. Risk Manager Review asset schedules, review procedures and verify risk transfer agreements Insurance Consultant Identify coverage deficiencies, investigate coverages providing risk financing solutions Safety Officer Develop training programs and recognize loss mitigation opportunities Risk Analyst Gather historical data, identify consistent trends and outliers, create analytical reports. Page 41 388 Onboarding & Integration (Pre-Renewal Meeting) Prior to our annual pre-renewal meeting, we begin to gather and update all pertinent risk financing information from the City of Boca Raton. In addition to insurance policy information, we will complete a review of its website, financial statements; conduct a study of its insurance policy language and coverages to determine the exact protections being afforded; we review the City’s current employee and safety manuals, vendor contracts and recent interlocal agreements; initiate an citywide safety and liability assessment; engage in personnel discussions with relevant staff; and analyze current and historical claims experience. We then formulate our assessment of the updated risk exposures and coverage analysis completed from the information gathered. Our risk summary of the City’s hazard exposures and the adequacy of its current insurance program is then presented and reviewed with the City’s staff in order to confirm expectations and goals. We compare this risk summary to the City’s current insurance coverage to determine any serious or unanticipated gaps that exist; review the retentions and insurance limits; and provide you with our observations and recommendations. We then facilitate an implementation meeting where we will agree upon a timeline of major milestones that will take place up to the placement of the renewal policies. As per the Solicitation, when we are operating solely in a consulting capacity and are unable to place coverage directly for the City, we will communicate the necessary information to the brokers, carriers and trusts who will secure the various insurance product proposals on behalf of the City. Risk Assessment & Recommendation Meeting At least 130 days prior to the City’s primary policy renewal dates, we will coordinate a pre-renewal meeting to review our assessment of the risk exposures and coverage analysis completed from the information gathered prior, from which a risk analysis report and summary of the City’s hazard exposures and the adequacy of its current insurance program will be presented and reviewed with City staff in order to confirm expectations and goals. We will compare this risk summary to your current insurance coverage to determine any serious or unanticipated gaps that exist; review the retentions and insurance limits; and provide you with our observations and recommendations. Also, during this meeting, the Gehring Group will update the City on the current insurance market, discuss recent renewal results for similar clients, and various relevant deductible options. Finally, we will assess the City’s desires for of any particular carrier based on its history with that carrier; specifically, relevant industry coverages; the carrier’s financial rating, etc. At the heart of Gehring Group’s Risk Management process is our Risk Assessment. Our team of professionals will work with the City of Boca Raton to identify, analyze, and evaluate, in order to respond to and monitor risk. The following process spans across the entire organization, looking at both opportunities and risks, in the context of identifying strategies that best support the City of Boca Raton’s goals. Page 42 389 The risk assessment forms the basis for decision making regarding which risks or opportunities are priorities, what the appropriate response should be and how resources should be allocated to manage the risk or opportunity. While insurance is a key risk management tool that supports public entity service operations, vendor exposures or projects to be financed, there is no “one-size-fits-all” insurance structure that can be applied to every entity. From their unique coverage opportunities to their extremely high values, public entities face a wide range of exposures not regularly seen in the more traditional commercial insurance market. Implementation Plan/Process Upon completion of the Assessment and Recommendation meeting, Gehring Group, together with the City’s staff, will come away with a concise plan for our mutually agreed upon objectives for policy renewal coverages and ongoing services. We will then implement the plan first by portraying, with integrity, the City’s unique risk profile for each line of coverage to all available markets and/or brokerage firms. Insurance company underwriters will know that the City’s submission will truthfully portray its unique risks and operations in a transparent and easily discernable format. The ultimate goal of Gehring Group is to distinguish the City from its peers by demonstrating its distinctive risk characteristics. Currently, Gehring Group would then move to implement all the annually ongoing risk management, safety and loss control, claims administration and program analysis services that we mutually agree are required to assist the City to establish or maintain a culture of workplace safety and liability claims mitigation. With these services we would attend, facilitate or coordinate any regular meetings that the City requires and can be available with limited notice to assist with contract reviews, policy manual reviews, updates or drafting, conduct a citywide workplace safety and liability inspection and coordinate employee/staff trainings. Renewal Process (Request for Proposal) In order to achieve a successful renewal for our clients, we focus on two specific parts – market solicitation and the evaluation of options. At our Pre-renewal meeting, we will have discussed all available Page 43 390 market alternatives, ask for your input and agree upon the carriers that we want to approach based on their program specialties and the City’s needs. During the proposal process, we review alternative limits, retentions, and coverages. We provide you with regular updates to keep you informed of the process and to maintain the integrity of our pre-determined timelines. Upon Receipt of all carrier proposals, we will assess the results and create an unbiased evaluation of all coverage enhancement or detractions as per the objectives that we pre-determined to be of pertinence for the City. We are aware that our clients want to have a bottom-line comparison of all renewal alternatives, but we also know that they need to be able to recognize details of each quotation. So, our renewal evaluations feature detailed and highlighted coverage comparisons and a full summary of their differences. Our analysis will help you make the most educated renewal decision. Should Gehring Group function in the capacity of broker for any insurance coverages, it is important to understand that we do not utilize commissioned producers in our company. All our employees are salaried professionals. Therefore, the City can be assured that insurance carrier incentives such as commission percentages, policy retention prizes or productivity bonuses will never play a part in our program recommendations. Annual Review Annually, at an agreed upon date, the Gehring Group conducts a review meeting designed to evaluate our performance, review the results of your renewal, discuss any new operations or acquisitions you are contemplating, identify new and emerging risks, update you on recent market conditions/trends, and plan our next renewal strategy meeting. We conduct these annual meetings in order to identify opportunities for improvement to our services, to realign the services currently being provided to the City in the event that they are either insufficient or unnecessary to accomplish their goals and to ensure that the Gehring Group and the City are moving forward into the next policy term with the same goals. It is our intent to achieve a shared understanding of the risks that are associated with the City and the joined efforts to construct a plan to bring the greatest value to its insurance program, improve the predictability of its annual budget and increase opportunities for resident services. Upon completion of the development of the City’s insurance coverage plan objectives and risk management service needs, the Gehring Group immediately begins to coordinate program meetings and communications in order to commence the service needs of the plans. We will also implement the following renewal timetable: TIMELINE ACTION 150 days prior to renewal City & Gehring Group will come together for a pre-renewal meeting 130 days prior to renewal City & Gehring Group will attend assessment & recommendation meeting 120 days prior to renewal Coordinate the completion of all carrier renewal forms and applications 100 days prior to renewal Submission to brokers, carriers or to the market as directed by plan 90 days prior to renewal Status update to the City;, confirm integrity of timelines 75 days prior to renewal Receipt of all renewal proposals and carrier negotiations, if needed 65 days prior to renewal On-site presentation of renewal evaluation of market proposals 60 days prior to renewal Submission of proposals and support documents for Council agenda 45 days prior to renewal Attend any Council/Board meetings per the City’s direction 30 days prior to renewal Submit policy bind requests to carriers Page 44 391 TIMELINE ACTION 25 days prior to renewal Confirm receipt of all binders and generate invoices for as needed Renewal Date New Plan Year begins 30 days after renewal New policy receipt from carrier and review for coverage accuracy 45 days after renewal Electronic delivery of carrier policies to the City 60 days after renewal Delivery of insurance policies booklet and schedule Throughout the risk financing procurement and placement timetable shown above, we will engage in our other ongoing services to the City of Boca Raton such as, safety and loss control, risk management assessment, risk analysis, claims advocacy, proactive claims management, staff trainings, asset assessments, analytical reporting, contract insurance language reviews, procedural manual drafting and council presentations. Our constant involvement, communication and assistance to the City of Boca Raton is designed to provide a comprehensive professional staff that supports the City of Boca Raton’ Risk department. Comprehensive Scope of Risk Management Services Gehring Group provides risk management consulting services and employs risk management and administrative professionals that specialize in implementing and managing risk insurance programs. We understand the unique needs of our public sector clients and do not provide cookie cutter solutions. In our experience, the best way to manage a property and liability insurance program is comprehensively and proactively. The evaluation of a client’s insurance program entails a balance between the desired limits of risk and the cost to insure against these risks. Gehring Group’s team of staff and resources can create customized risk management solutions by identifying opportunities and key risk factors. We remain involved with our clients on a year-round basis, not only at renewal time. We perceive our commitment to be an ongoing extension of the City of Boca Raton’ risk management team. This hands-on approach enhances our ability to address the specific needs of each of our clients by becoming more familiar with the client’s staff, properties, and assets, thus enabling us to provide the most efficient and cost effective recommendations regarding their risk management program. WORKER’S COMPENSATION SERVICES INJURY MANAGEMENT Assist with establishing written policies and procedures for workplace injuries Assist with establishing incident and injury reporting procedures Provide training and education to supervisors and employees regarding workers’ compensation procedures and statutory requirements Work with medical providers to implement consistent treatment and reporting policies Provide service to assist management with initial claim assessment Review injuries within forty-eight (48) hours of occurrence upon request Assist with establishing written policy and assignment of “light duty” Act as liaison to adjuster to review treatment, MMI assessment and release to “full duty” Assist in open claims review meetings with carrier or Third-Party Administrator to ensure efficient and expeditious resolution. Page 45 392 LEGAL ADMINISTRATION SUPPORT Assist in production of records to claimant counsel Act as liaison to claimant attorney and carrier assigned counsel as needed Assist with mediation following through to claim settlement as needed SAFETY PROGRAMS Provide written safety procedure templates as requested Provide safety training and education to supervisors & employees Conduct monthly/quarterly departmental safety meetings as required Provide literature and topics for monthly safety meetings Assist with updating safety programs as necessary Participate and assist with on-site safety inspections Act as liaison to safety/loss control inspections with outside examiners Provide research and recommendations regarding safety incentive programs Write safety incentive program and present to management Implement safety incentive program PROPERTY, CASUALTY & LIABILITY SERVICES CLAIM AND LOSS MANAGEMENT Assist with establishing written policies and procedures for losses, incident investigations, accidents and liability claims Assist with establishing property loss, incident, and accident reporting procedures Provide training and education to management regarding reporting procedures Work with adjusters, appraisers and investigators to research and assess claims Provide service to assist management with initial claim and loss assessment Review accidents and incidents within forty-eight (48) hours of occurrence upon request Assist in claim filing and notification to carrier Act as liaison to adjuster to facilitate closing of claim Assist with open claims review meetings with carrier or TPA to ensure expeditious resolution LEGAL ADMINISTRATION SUPPORT Assist in production of records to claimant/plaintiff counsel Act as liaison to claimant/plaintiff attorney and carrier assigned counsel as needed Assist with compilation of Requests to Produce Assist with mediation following through to claim settlement LOSS CONTROL PROGRAMS Provide written loss control policies and procedure templates Provide loss control training and education to management and supervisory staff Update loss control programs as necessary Participate and assist with on-site loss control inspections Act as liaison to loss control inspections with outside examiners Page 46 393 ANALYTICAL SERVICES Assist with production of annual audit, based on actual budget, schedules and exposure Provide projected coverage costs for budgetary purposes Review quarterly losses and assess reserves with adjuster as necessary Assist with annual property appraisals Review contracts for coverage sufficiency Assist with compilation of property schedules Produce RFP for property, casualty, and liability coverage Evaluate RFP submittals consistent with the needs of the City of Boca Raton Prepare final written recommendation for coverage Present evaluation recommendation to staff CLIENT EDUCATION FOCUS ON CLIENT EDUCATION Client attendance at Gehring Group Public Sector Insurance, Education and Excellence Summit Client networking and roundtable discussions Onsite/offsite training, seminars, and other education opportunities Value-Added Services Risk Management Consulting Gehring Group employs a Risk Management Consultant (RMC) on staff with actual hands on experience as a Risk Manager for a local Florida county. Having spent time sitting in the seat of a large governmental entity, managing the risk exposure of many different areas such as public utilities, law enforcement and fire protection, sanitation, aviation and much more, our RMC is the ideal candidate to guide and mentor newly appointed risk managers with very little or no prior experience. The RMC can also provide the following assistance: • Implement policies and conduct trainings that help reduce overall risk • Propose possible solutions/programs/protocols for minimizing risk and liability • Develop and administer risk management and loss prevention programs • Researches and reports on the most cost-effective plans to minimize asset liability. • Assist with investigation of any incidences that may result in asset loss • Creating business continuity plans to limit risks • Conducting policy and compliance audits, which includes liaising with internal and external auditors Risk Analytics Risk Analytics delivers insight into our customers current practices and safety culture and is a valuable tool to help improve processes and reduce the overall cost of risk. Gehring Group employs an on-staff Risk Analyst who can review all claims and procedural data trends for the City of Boca Raton and compare it to past performance or against industry standard. Whether we are working with brokers, insurance carriers or adjusters, our goal with risk analytics is to continuously optimize our customer’s data focus, provide consistency across key touch points and deliver greater visibility and insight about trends and exposures. Our analytical reporting will help our clients: • Identify and understand factors and trends driving losses • Gain insights into ways to reduce accidents and injuries Page 47 394 • Reduce lost productivity, cash flow and profits • Achieve greater control over the total cost of risk • Identify important risks and/or mitigation opportunities Claims Advocacy Gehring Group has claims administration professionals on staff to advocate for our clients with the insurance carriers and their adjusting staff to monitor and reduce the cost and severity of your liability, property, workers’ compensation, and auto claims. Working in concert with you, we get involved immediately and advocate for you through the entire process until the claim has closed. You can take comfort in knowing you will be working with someone who has an in-depth understanding of the claims process and can help you navigate through the unique complexities related to your losses. And with our longstanding relationships with the nation’s leading carriers ang Governmental Trusts, you can count on us to be a liaison for you, ensuring things happen promptly and efficiently. Our Claims Advocacy Management services include but are not limited to: • Work with adjusters, appraisers and investigators to research and assess accidents and claims • Provide service to assist management with initial claim and loss assessment • Review losses, accidents, and incidents within forty-eight (48) hours of occurrence upon request • Assist in claim filing and notification to carrier • Act as liaison to adjuster to facilitate closing of claim • Assist with restitution recoveries and in-house subrogation • Act as liaison to claimant/plaintiff attorney and carrier assigned counsel as needed Safety & Loss Control Services Gehring Group will provide the City of Boca Raton assistance with internal loss engineering through the experienced team efforts of your Safety Officer. Your team will be able to tailor solutions that will empower the City to effectively reduce risk and maintain business continuity. We conduct an assessment involving occupancy, natural disaster and security hazards that will help you to build an effective internal loss prevention program to protect your employees, the general public and your operations. Some of our solutions for assessing and managing losses include: • Authorized inspection and assessments • Project planning and design review • Fire protection planning and review • Provide written loss control policies and procedure templates • Provide loss control training and education to management and supervisory staff (Online Training Course Catalog (Attachment 4) • Update loss control programs as necessary • Act as liaison to loss control inspections with outside examiners • Provide written safety procedure templates as requested • Provide safety training and education to supervisors and employees • Conduct regular departmental safety meetings as required Page 48 395 Gehring Group loss control services will assist the City of Boca Raton in cutting costs and safeguarding against liability exposures and employee injuries with an effective loss control action plan, starting today. Through our online Bentek® LMS platform, Gehring Group has partnered with Summit Consulting, a global leader in safety training, to offer OSHA certified safety-related, online training courses, specific to our clients’ employees (Attachment 4). Each interactive training course addresses specific OSHA CFR’s encountered in the workplace. Certificates of completion, along with training records, are maintained in electronic format for administrative tracking. Several of our municipal clients have experienced a significant impact in reducing and maintaining favorably low Experience Modification Factors, which translate into monetary and qualitative benefits. Employee Disaster Recovery Program Gehring Group is very proud to be able to provide a solution to an exceptionally unique public-sector need. One of our clients’ greatest concerns has been the need to have its emergency responders, public works, maintenance and key emergency operations staff available to assist with to re-engaging services, safely re- opening accessways and addressing public safety in the aftermath of a disaster. But how can an employee, also affected by the same disaster event, feel at ease abandoning their own loved ones and property during what may be their greatest time of need. Gehring Group has the ability to provide a solution through our Employee Disaster Recovery Program (Attachment 7). This additional voluntary service will provide all participating employees with access to an insurance claims professional who will coordinate all recovery matters with their respective insurance carriers while allowing them to remain at work in the City of Boca Raton. The City will have confidence knowing that key personnel will be focused on the City’s needs in the aftermath of a disaster. The program can also provide relief items to the City’s employees, such as onsite generator-powered ATM machines, emergency fueling, meal services for their families and even temporary housing options. We realize your most important asset is your employees, and we have the solution to help provide them and the City of Boca Raton with peace of mind in troubled times. Gehring Group is a leading provider of public sector property and casualty brokerage and risk management services whose success is driven by our expertise, experience, independence and integrity as well as our people and our commitment to remain the consultant of choice to our clients. Below is a comprehensive list of services provided and available: Gehring Group provides workers compensation consulting services and employs risk management programs. We prepare, provide, and present creative, informative risk management and loss control materials to clearly illustrate information, thus providing effective communication to individuals who are not normally involved in insurance and risk management issues daily. Gehring Group provides innovative services for the public sector. We understand the unique needs of our clients and do not provide cookie cutter solutions. In our experience, the best way to manage a property and liability insurance program is comprehensively and proactively. The evaluation of a client’s insurance program entails a balance between the desired tolerances of risk and the cost to insure against these risks. Page 49 396 Gehring Group’s team of staff and resources can create customized risk management solutions by identifying opportunities and key risk factors unidentified by the client. We remain involved with our clients on a year-round basis, not only at renewal time. We perceive our commitment to be an ongoing extension of your risk management team. This hands-on approach enhances our ability to address the specific needs of each of our clients by becoming more familiar with the client’s staff, properties, and assets, thus enabling us to provide the most efficient recommendations regarding their risk management programs. Gehring Group will provide the City of Boca Raton assistance with internal loss engineering through the experienced team efforts of your Risk Services Advisor, Risk Management Consultant and Safety Officer. With a combined over 50 years of experience, your team will be able to tailor solutions that will empower the City of Boca Raton to effectively reduce risk and maintain business continuity. We conduct an assessment involving occupancy, natural disaster and security hazards that will be help you to build an effective internal loss prevention program to protect your employees, the general public and your operations. Some of our solutions for assessing and managing losses include: Authorized inspection and assessments Project planning and design review Fire protection planning and review Business impact analysis, business continuity planning and supply chain analysis Provide written loss control policies and procedure templates Provide loss control training and education to management and supervisory staff Update loss control programs as necessary Act as Liaison to loss control inspections with outside examiners Provide written safety procedure templates as requested Provide safety training and education to supervisors and employees Conduct monthly/quarterly departmental safety meetings as requested Provide literature and topics for monthly safety meetings Gehring Group’s experienced team of staff and resources can create customized safety solutions by identifying opportunities and key risk factors unidentified by the City of Boca Raton. Gehring Group has a safety officer on staff who can assist the City of Boca Raton staff by attending and participating in regular safety committee meetings, facilitating safety training, reviewing safety grant application, revising and/or drafting safety manuals, and all aspects of safety administration. Our primary focus is to identify hazards or training deficiencies and provide recommendations along with coordination of specialized training. Page 50 397 Your Gehring Group team will conduct facility-wide safety and liability inspections and provide actionable assessment reports. Our reports are designed to help the City of Boca Raton identify the following: Hazards that threaten buildings, premises, and people Bodily injury exposures Recommended improvements that can reduce risk Internal protection systems, such as automatic sprinkler systems &fire alarms Conformance of City sites to City loss control and safety programs Gehring Group has claims administration professionals on staff to advocate for our clients with the insurance carriers and their adjusting staff to monitor and reduce the cost and severity of the City’s liability, property, workers’ compensation, and auto claims. Working in concert with you, we get involved immediately and advocate for you through the entire process until the claim has closed. You can take comfort in knowing you will be working with someone who has an in-depth understanding of the claims process and can help you navigate through the unique complexities related to your loss. And with our long- standing relationships with the nation’s leading carriers ang Governmental Trusts, you can count on us to be a liaison for you, ensuring things happen promptly and efficiently. Risk Analytics delivers insight into our customers current practices and safety culture and is a valuable tool to help improve processes and reduce the overall cost of risk. Gehring Group employs an on-staff Risk Analyst who can review all claims and procedural data trends for the City of Boca Raton and compare it to past performance or against industry standard. Whether we are working with brokers, insurance carriers or adjusters, our goal with risk analytics is to continuously optimize our customer’s data focus, provide Gehring Group Risk Management Consultants will assist the City of Boca Raton in building customized program designs suitable in meeting the City’s risk mitigation and risk transfer needs. Page 51 398 consistency across key touch points and deliver greater visibility and insight about trends and exposures. Our analytical reporting will help our clients: Identify and understand factors and trend driving losses Gain insight into ways to reduce accidents and injuries Reduce lost productivity, cash flow and profit Achieve greater control over the total cost of risk Identify important risks and/or mitigation opportunities Gehring Group employs a risk management consultant (RMC) on staff with actual hands-on experience as a county Risk Manager for a local Florida Municipality. Having spent time sitting in the seat of a large governmental entity, managing the risk exposure of many different areas such as public utilities, law enforcement and fire protection, sanitation, aviation and much more, our RMC is the ideal candidate to guide and mentor newly appointed risk managers with very little or no prior experience in the post. The RMC can also provide the following assistance: Implement policies and conduct trainings that help reduce the City’s overall risk Propose possible solutions/programs/protocols for minimizing risk and liability Develop and administer risk management and loss prevention programs Research and report on the most cost-effective plans to minimize asset liability Page 52 399 Full Spectrum of P&C Solutions While insurance is a key risk management tool that supports public entity service operations, vendor exposures or projects to be financed and built, there is no “one-size-fits-all” insurance structure that can be applied to every entity. From their unique coverage opportunities to their extremely high values, public entities face a wide range of exposures not regularly seen in your more traditional commercial insurance as outlined below. Page 53 400 Qualifications & Experience of Individuals Assigned to City Project / Scope of Work (response to 5.4.1) Proposed Service Team The following includes the proposed service team structure for the City of Boca Raton. Gehring Group services each client under our team-based approach assuring the City accessibility at all times to Gehring Group staff. These professionals, along with an easily accessed upper management staff and our corporate philosophy regarding our team approach, provides assurance that our clients have access to experienced professionals who are aware of, or can easily access their files, to provide resolution and answers continuously. Gehring Group’s standard is to return a call promptly, generally within the same day; however, our clients enjoy the ability to always get a message to their service team who may be out of the office either through their cell phones or our administrative assistants. Gehring Group’s service team for the City of Boca Raton consists of highly qualified personnel whose resumes include years of consulting for and servicing public sector clients. Your service team includes the following personnel: Senior Risk Management Consultant: Rodney Louis Risk Management Consultant: David Daley, ARM Safety and Loss Control Officer: Stuart Morgan Risk Analyst: Paul DeSilva Claims Advocate: Valerie Ensinger Account Manager: Thomas Willins, CPIA Gehring Group does not employ commissioned producers. Since the advent of our firm, it has been our philosophy to serve our clients through a team of salaried, professional advisers, much the same as other professional services retained by the City of Boca Raton, such as attorneys, architects, accountants, or actuaries. As Public Sector specialists, we understand the need to eliminate any semblance of impropriety and have experienced that our salaried adviser structure eliminates the potential for conflict of interest that may arise from a commissioned producer’s personal financial situation and what should be in the best interests of the City. Gehring Group maintains a strong commitment to remain at the forefront of industry trends, new legislation, cutting edge benefits technology tools, and new types of insurance programs offered by insurance companies and third-party administrators to remain ahead of the curve. In fact, members of our qualified team are in high demand for speaking engagements at various HR, risk management and public sector associations meetings and conferences. Our service team organizational structure and team who will manage the project for the City of Boca Raton is represented as follows: ATTACHMENT 3 Page 54 401 At Gehring Group, we rely on our clients to be our references, and insomuch we work toward not only being excellent technicians but also excellent communicators and a valued resource for all their benefits needs. Our staff understands the value of our reputation and the importance of meeting our clients’ expectations. We are always communicating not only with our clients, but also internally to ensure that we are on track with meeting client expectations and delivering quality service and expertise to each and every client. Team Resumes Rodney Louis – Senior Risk Consultant (Account Executive) Professional Licenses: General Lines Property & Casualty, Life, Health & Variable Annuities Education: Florida State University Degree: B.S., Finance Years in Industry: 23 years Association Memberships: Public Risk Management Association (PRIMA); Council of Insurance Agents & Brokers (CIAB); Leadership Florida; Risk Management Society (RIMS) As the City of Boca Raton’s primary Risk Services Advisor, Rodney will serve as the team lead for the City’s insurance program. The City will benefit from Rodney’s vast array of experience working with all our Public Sector clients, servicing both their insurance and risk management programs. He has strong experience in Page 55 402 servicing governmental entities whose risk programs are insured by trusts, layered markets, or a combination of both. Rodney Louis, a Florida State Alumni, has been an insurance industry professional since 1997 and is licensed in property, casualty, life insurance, and health products. When Rodney joined Gehring Group as an analyst, he brought with him 13 years of industry experience. His broad experience and extensive licensing provide our Gehring Group clients with an invaluable resource to assist in the development and recommendation of a comprehensive, competitive risk program. Rodney spent the early part his career working for a national rating firm providing crucial analysis on the stability and creditworthiness of both the insurance and banking markets. Rodney then broadened his scope of the insurance industry by becoming licensed for property and casualty insurance. From 2003- 2009, he was a managing partner of a full-service brokerage firm and managed their underwriting, agent development and program analysis divisions. In 2010, Rodney joined Gehring Group as a Risk Analyst. In his current position as Senior Risk Services Consultant, Rodney will coordinate and direct all your risk services including, the strategic and budget planning analysis as it relates to the City of Boca Raton’s insurance programs or other risk financing instruments; reporting on loss control and safety procedures; contract language review and negotiation; legislative and market updates; policy manual drafting; claims advocacy; safety and liability site inspections and so much more. Rodney’s primary function is to ensure that all necessary steps and procedures are accomplished while remaining involved in the continuity and effective outcome of all processes. In addition, Rodney will work in coordination with our safety and loss control personnel to monitor claim reports in order to anticipate future program costs and to make recommendations regarding utilization patterns as well as providing budget and renewal projections. He will also be available as needed for meetings with decision makers and is available to make presentations to executive staff and boards as required. Rodney’s distinctive public sector knowledge and professional experience is an invaluable asset to our clients providing peace of mind when unexpected needs may arise or as questions or concerns present themselves. Analytical, detailed, and proactive – Rodney is a valuable member to the employer organizations he services. Rodney’s Public Sector experience includes managing all lines of Property and Casualty coverage for such public sector entities as the City of Margate, Charlotte County Board of County Commissioners, City of Dunedin, Keys Energy Services, Village of Wellington, City of Deerfield Beach, Monroe County BOCC, City of Boynton Beach, Village of Palm Springs, and Palm Beach County Sheriff’s Office. David Dailey, ARM – Risk Management Consultant Professional Licenses: General Lines Property & Casualty Education: Florida International University Degree: M.S., Engineering Management Years in Industry: 17 After graduating with a Master of Sciences degree, David Daley spent the first 12 years of his career working for major insurance carriers, Liberty Mutual Insurance Company and Amerisure Insurance Company, in Loss Control Engineering. David entered public-sector employment in 2010, working in Loss Control and Risk Management for the City of Pembroke Pines, The School District of Palm Beach County, and the City of Miami. David’s extensive experience working in Safety, ADA Compliance and Loss Control, both on the Page 56 403 inside of major insurance providers and with large public sector entities, makes him a uniquely qualified resource for our clients. One of David’s greatest attributes is his affinity for teaching and training others. David is a very talented communicator with the ability to relate to directors and staff alike. Whether working with Public Works, Utilities, Sanitation or Public Safety, David will deliver training and awareness to the City of Boca Raton that speaks directly to the issues of safety and loss control that are relevant to each of their respective needs. David Daley has been a longtime member of the Risk Management Society and the Public Risk Managers Association, which have repeatedly requested for him to be a guest speaker at their local chapters and annual conferences. David’s duties with the City of Boca Raton will include working with the rest of your Gehring Group team by sharing reports and assessments with account management and analytical staff for use in the renewal process. David also assists clients and staff by attending and participating in safety committee meetings to help identify hazards or training deficiencies which may require unique, specialized training parameters. David conducts liability and safety inspections at client facilities to identify potential exposures and to mitigate potential hazards. Afterward, David will generate a report of the inspection analysis for the benefit of City departmental management, which includes actionable recommendations for addressing any areas of concern. Through coordination with outside vendors to include equipment manufacturers/reps, chemical handling specialists, and motor vehicle safety operations, a training program will be developed. David can also work with staff to generate workplace safety manuals. Having access to over 80 Public Sector entities and public utilities, David will provide proven resource material that may be a used to create a tailored workplace safety program that fits each client’s own unique needs and culture. Paul DeSilva - Risk Analyst Professional Licenses: General Lines Property & Casualty, All Lines Claims Adjuster Education: Florida State University Degree: B.S., Finance Years in Industry: 33 years Paul DeSilva will serve as the City of Boca Raton’s Risk Services Analyst. Paul will be responsible for overseeing all aspects of the analytical services functions including compiling all claims and trend data to design relevant reporting, present the City to the insurance market and provide evaluation and recommendations to the City on all lines of property and casualty insurance coverages proposed. Paul will assist Rodney with the marketing, renewal, recommendation and presentation of all risk management and property and casualty insurance programs for the City of Boca Raton. In addition, he will work in coordination with our safety and loss control personnel to monitor claim reports in order to anticipate future program costs and to make recommendations regarding utilization patterns as well as providing budget and renewal projections. Paul’s services to the City will include but are not limited to: • Evaluation of the City’s insurance program • Preparation of insurance specifications • Analyzing bid responses and evaluation of proposals • Provide claims analysis reporting and benchmarking data for insurance program analysis • Contract review and interpretation as necessary or as requested Paul DeSilva also graduated from Florida State University and began his Property and Casualty Insurance career in 1987, working as an underwriter for a National Insurance Carrier. Paul then spent almost a decade working as a workers’ compensation auditor, with the National Council on Compensation Insurance (NCCI), Page 57 404 before becoming a Commercial Insurance Advisor and Managing Partner of a firm in West Palm Beach. Paul’s diverse experience in all facets of property and casualty and workers compensation insurance will provide the City of Boca Raton with another vastly knowledgeable resource with over 30 years of experience in risk services and analytics. Paul’s professionalism, determination and work ethic are desired attributes that help to foster a clear and effective team approach as we endeavor to deliver a proactive culture of safety awareness and an efficient risk management philosophy to our clients. Thomas J. Willins, CPIA – Account Manager Professional Licenses: General Lines Property & Casualty, Life & Health Education: Lynchburg College Degree: B.S., Business Administration Years in Industry: 33 years Tom will serve as the primary Account Manager for the City of Boca Raton for all services related to the City’s property and casualty insurance program. Tom will work with Rodney Louis in the marketing, renewal, and recommendation for placement of this coverage, providing services to the City that include but are not limited to: • Complete the review and sign off on policies and endorsements for accuracy. • Manage policy details, provide loss runs and issue certificates of insurance which require contractual or coverage review. • Process client invoices, endorsements, binders, certificates, coverage policies, and audits. • Process monthly installments and direct bill invoices, where necessary. Immediately upon graduation from Lynchburg College, Tom was aggressively pursued by a large Managing General Agency in South Florida where he developed his insurance marketing and program placement skills. Tom has spent over 30 years in the commercial insurance industry and brings a wealth of experience in client services and relationship development, having managed several large corporate policy programs while creating a vast network of associates amongst insurance carrier underwriters who know him to be thorough, concise, ethical, and reliable while insistently advocating for the betterment of his clients. Tom also has a Certified Professional Insurance Agent designation. Valerie Ensinger – Claims Advocate Professional Licenses: All Lines Claims Adjuster; General Lines Property & Casualty Education: Palm Beach State College, Legal Career Institute Degree: A.S., Legal Studies Years in Industry: 32 years Val will serve as the Claims Manager for the City of Boca Raton for all claim issues involving Liability, Property, Physical Damage and Workers’ Compensation. Val will work hand in hand with Rodney Louis and David Daley to promote a culture of safety at the employee level, assist management to process and follow up on open claims and coordinate with adjusters to bring all claims to an expeditious and cost-effective closure. Upon completion of her studies at the Legal Career Institute, located in West Palm Beach, Florida, Val spent the next 22 years of her career in the legal field as a legal secretary, court reporter and law office Page 58 405 administrator. In 2001, Val was hired as a Legal Services Coordinator/Insurance Claims Manager for a national restaurant chain where she was responsible for assisting general counsel with the composition, revision and analysis of all legal documents, correspondence, and leases. Val also managed the processing, investigation and follow-up of all workers’ compensation and liability claims for over 70 restaurants around the country. Val’s wealth of experience working with claims adjusters coupled with her deep understanding of nuanced legal composition, provides our clients with a uniquely talented advocate for the resolution of their liability and workers’ compensation claims. Stuart Morgan – Safety & Loss Control Officer Professional Licenses: Airline Transport Pilot Education: Embry-Riddle University Degree: B.S. Aeronautical Science Years in Industry: 17 years After graduating with honors from Embry-Riddle University, Stuart Morgan began his career as a commercial airline pilot for one of the major airline carriers. With his 20+ years in the industry, Stuart brings a lengthy background in the aviation safety services arena. He joined the Gehring Group team in 2004 with the responsibility of providing our clients with safety and loss control services. His responsibilities include monitoring, analyzing, and report generation on client loss data for the purpose of identifying hazards and trends in the workplace. He then utilizes this data for use in facilitating safety programs based upon client needs and trends. These reports are also shared with account management and analytical staff for use in the renewal process. Stuart also assists clients and staff by attending and participating in safety committee meetings to help identify hazards or training deficiencies which may require unique, specialized training parameters. Stuart conducts liability and safety inspections at client facilities to identify potential exposures and to mitigate potential hazards. Afterward, Stuart will generate a report of the inspection analysis for the benefit of departmental management, which includes actionable recommendations for addressing any areas of concern. Through coordination with outside vendors to include equipment manufacturers/reps, chemical handling specialists, and motor vehicle safety operations, a training program will be developed. Stuart can also work with staff to generate workplace safety manuals. Having access to over 80 public sector entities and public utilities, Stuart can provide proven resource material that may be a used to create a tailored workplace safety program that fits each client’s own unique needs and culture. Additional Staff Resources Kurt N. Gehring, President and Chief Executive Officer – (Alternate Account Executive) Professional Licenses: Life, Health & Variable Annuity, General Lines Property & Casualty, Surplus Lines Education: Florida State University Degree: B.S., Marketing Years in Industry: 28 years Association Memberships: FGFOA, FPHRA, PRIMA, SALGBA, FAC, FASD, FERMA, FPELRA, The Council Kurt Gehring will be the Executive Staff assigned to the City of Boca Raton. Kurt’s extensive work over the past 28 years has placed him in direct communication with Public Sector agencies such as County Commissions, Town and Town Councils, City and City Councils, Municipal Managers, and all related bargaining units along with the Public Sector employee body as a whole. This exposure provides Page 59 406 unparalleled practical experience within a learned understanding of the local governmental environment. Mr. Gehring remains at the forefront of the insurance industry by staying up to date on industry trends, compliance issues, and innovative programs being presented by insurance companies and third-party administrators. Kurt founded Gehring Group with the mission of providing clients the highest level of service, exceeding not only industry standards, but also client expectations. Recognizing the inherent challenges in servicing organizations with large numbers of employees, various contracting parties and insurance obligations, Gehring Group utilizes a unique, team-based approach customized to meet the specific needs of each client. Each Gehring Group employee makes an unprecedented effort to address each situation both promptly and effectively. The success of Gehring Group is a direct result of this promised and delivered, unparalleled service standard. Kurt is a highly regarded industry expert who is consistently called upon to speak and serve on panels at numerous public sector conferences; where he consistently receives the highest accolades for his out of the box, engaging, and informative sessions. Raymond Carter – Risk Management Consultant Professional Licenses: General Lines Property & Casualty, All Lines Claims Adjuster Education: University of Florida Degree: Statistics and Mathematics Years in Industry: 16 years Other Certifications: ICS 100, ICS 200, ICS 300, ICS 400, and ICS 700 Association Memberships: PRIMA, FERMA An Alumni of the University of Florida with a Bachelor of Science degree in Statistics and Mathematics, Ray lived in Collier County for over 20 years and worked as Manager Risk Finance for the Board of County Commissioners from 2003-2012. Ray has also been the Risk Manager for Manatee County and oversaw the Risk Management division which supported approximately 3700 employees, and a Schedule of Values just over $1 Billion in Real Property and assets. Ray has experience managing the exposures of Public Entities, including but not limited to public utilities, law enforcement and fire protection, sanitation, parks, and public works Ray Carter is the ideal person to understand how to work with the City’s current Risk Management program Ray has been active with the Risk Management Society (RIMS) SWFL, and has been a member of PRIMA since 2008, a past Board Member of SWFL PRIMA, and current Advisory Board Member of SWFL PRIMA. Ray also still has property on Isles of Capri, where he intends to one day finally settle in for a well-earned retirement. Ray’s education, experience, institutional, and technical knowledge in Risk Management will provide a valuable additional resource for the City of Boca Raton moving forward. Page 60 407 Online Safety Training Course Manual (refered to in 5.6.2) ATTACHMENT 4 Page 61 408 OTIS™ LEARNING MANAGER The Online Training and Information System for Safety & Compliance Training Management 1.800.447.3177 TM Accident Investigation Air Emissions Ammonia Safety Aerial Lift Safety Asbestos Awareness Back Injury Prevention Back Safety Benzene Bloodborne Pathogens Bloodborne Pathogens: Exposure Prevention Compressed Gas Cylinders Concrete & Masonry Confined Space: Emergency Rescue Confined Space: Permit Required Construction Safety Orientation Container Labeling Crane Safety: Mobile Cranes Crane Safety: Pendant Controlled Decision Driving Decision Driving – Truck Decontamination Disaster Readiness DOT/CSA: Profiled in Safety DOT: Driver Logs DOT: Driver Qualifications DOT: Driver Wellness DOT: Drug & Alcohol Testing - Employee DOT: Drug & Alcohol Testing - Supervisor DOT: Pre & Post Trip Inspections Driver Awareness: 15-Passenger Van Safety Drug Testing Awareness Electrical Safety Electrical Safety – High Voltage Awareness Electrical Safety – High Voltage Safe Work Practices Electrical Safety – NFPA 70E Electrical Safety – Part 2 Employee Safety Orientation Energized Electrical Work Permit Environmental Awareness Excavations, Trenching & Shoring Eye Safety Eye Safety: Focused on Protection Fall Protection Fall Protection Fall Protection - Construction Fall Protection - Construction Part 2 Fire Protection & Prevention Fire Safety First Responder Awareness Level Flammable Liquids: Know Your Risk Food Allergens Food Manufacturing: Contamination Prevention Food Manufacturing: Microbiology for Dairy Food Manufacturing: Quality Assurance Food Manufacturing: Sanitation Food Manufacturing: Site Security Food Manufacturing: Traceability Management Forklift Safety Formaldehyde Safety GHS: Chemical Labeling and Classification GHS: USA Compliance GMPs: Food Production Excellence HACCP: Food Hazard Prevention Hand & Power Tools Hand Safety Hazard Communication Hazard Communication: Erase the Mystery Hazard Communication: Knowledge to Protect Hazard Recognition Hazard Recognition/Workforce: Identify & Eliminate Hazardous Waste HAZWOPER Hearing Safety Heat Stress Hexavalent Chromium HMT: Bulk Transport HMT: General Awareness HMT: Non Bulk HMT: Safe Work Practices HMT: Safety Requirements for Drivers HMT: Security Awareness HMT: Shipping Requirements Hoists & Slings Hot Work Hydrogen Sulfide Safety Incident Investigation Industrial Ergonomics Introduction to OSHA Job Safety Analysis Lab Safety Ladder Safety Laser Safety Lead Safety Leadership Skills for Safety Lockout/Tagout Lockout/Tagout: Energy Control Machine Guard Awareness Machine Guarding Marine Security Muscle Strains & Sprains Office Ergonomics Office Safety Off-The-Job Safety OSHA Recordkeeping PACE Behavioral Driving – Large Vehicles PACE Behavioral Driving – Small Vehicles Personal Protective Equipment - Construction Personal Protective Equipment Pipeline Safety Power Press Safety PPE: Armed for Safety Preventing Slips Preventing Spills Process Safety management Radiation Safety RCRA Respirators: Air Purifying Respirators: Air Supplying Rigging Safety Road Rage Safe Behavior Safety Attitude for Safety’s Sake Safety Orientation Scaffolding Safety Sexual Harassment: Understanding & Preventing Sexual Harassment: What Supervisors Need to Know Shock Proof Qualified Employee Shock Proof Unqualified Employee Silica Safety Awareness Site Security Slips, Trips & Falls Small Spill Cleanup Static Electricity Stormwater Management Street Smart: Driving Skills Transportation of Dangerous Goods TSCA Tuberculosis Awareness Valve Safety Walking Working Surfaces Welding Safety WHMIS Winter Driving: Weather the Road Workplace Violence: Prevent the Threat Course List 1410-0008 Page 62 409 18 NEW PROGRAMS NEW PROGRAMSPage 63 410 19 KEY A Page 64 411 Snapshot Claims Summary Report (refered to in 5.9(A)(1)) ATTACHMENT 5 Page 65 412 Fiscal Year Lost Time Medical Only Total %Lost Time % Medical Only Lost Time Medical Only Total % Lost Time % Medical Only 1998 53 562 615 9%91%4,435,913$ 247,044$ 4,684,955$ 95%5% 1999 60 523 583 10%90%2,034,102$ 267,959$ 2,304,060$ 88%12% 2000 65 565 630 10%90%1,884,469$ 208,460$ 2,094,929$ 90%10% 2001 62 572 634 10%90%1,820,751$ 284,085$ 2,106,837$ 86%13% 2002 111 693 804 14%86%8,689,556$ 532,216$ 9,223,773$ 94%6% 2003 127 753 880 14%86%13,806,386$ 706,945$ 14,515,334$ 95%5% 2004 130 658 788 16%84%11,753,048$ 512,409$ 12,267,461$ 96%4% 2005 96 658 754 13%87%5,370,100$ 901,273$ 6,273,379$ 86%14% 2006 113 571 684 17%83%7,161,613$ 570,582$ 7,734,201$ 93%7% 2007 99 553 652 15%85%5,323,526$ 690,819$ 6,016,352$ 88%11% 2008 83 554 637 13%87%4,340,312$ 790,049$ 5,132,369$ 85%15% 2009 126 477 603 21%79%3,788,278$ 692,630$ 4,482,917$ 85%15% 2010 168 402 570 29%71%5,919,651$ 608,400$ 6,530,060$ 91%9% 2011 198 350 548 36%64%5,887,822$ 498,971$ 6,388,804$ 92%8% 2012 127 378 505 25%75%5,935,016$ 862,645$ 6,799,673$ 87%13% 2013 128 452 580 22%78%9,753,290$ 840,338$ 10,595,641$ 92%8% 2014 97 404 501 19%81%4,180,429$ 1,120,423$ 5,302,866$ 79%21% 2015 100 359 459 22%78%6,643,658$ 1,257,959$ 7,903,632$ 84%16% 2016 101 363 464 22%78%4,021,710$ 1,098,700$ 5,122,426$ 79%21% Annual Averages 108 518 626 18%82%5,934,191.11$ 667,994.96$ 6,604,193.06$ 89%11% Claims Cost Workers' Compensation Claims History (1998 - 2016) Lost Time & Medical Only Claims Comparison Summary as of October 30, 2017Page 66413 615 583 630 634 804 880 788 754 684 652 637 603 570 548 505 580 501 459 464 0 100 200 300 400 500 600 700 800 900 1000 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 Claims by Year Workers' Compensation Claims History (1998 - 2016) as of October 30, 2017 Lost Time & Medical Only Claims Comparison SummaryPage 67414 0 100 200 300 400 500 600 700 800 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 Claims Count by Year Medical Only Lost Time Workers' Compensation Claims History (1998 - 2016) as of October 30, 2017 Lost Time & Medical Only Claims Comparison SummaryPage 68415 $0 $2 $4 $6 $8 $10 $12 $14 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016MillionsClaims Cost by Year Medical Only Lost Time Linear (Lost Time ) Workers' Compensation Claims History (1998 - 2016) as of October 30, 2017 Lost Time & Medical Only Claims Comparison SummaryPage 69416 Non-Litigated Heart Cla 14,665,817$ Non-Litigated Heart Claim 609 Litigated Heart Claims 33,330,729$ Litigated Heart Claims 152 Total Claims 47,996,546$ Total Claims 761 $14,665,817 31% $33,330,729 69% HEART CLAIMS COST Non-Litigated Heart Claims Litigated Heart Claims 609 Claims 80% 152 Claims 20% HEART CLAIMS COUNT Non-Litigated Heart Claims Litigated Heart Claims Workers' Compensation Claims History (1998 - 2016) as of October 30, 2017 Lost Time & Medical Only Claims Comparison SummaryPage 70417 Page 71 418 Uncertain Times Ahead .................................................................................. 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General Liability ............................................................................................. Error! Bookmark not defined. Excess and Umbrella Liability ......................................................................... Error! Bookmark not defined. Commercial Auto ........................................................................................... Error! Bookmark not defined. Workers’ Compensation ................................................................................ Error! Bookmark not defined. Cyber Liability ................................................................................................. Error! Bookmark not defined. Public Officials (POL) Liability ......................................................................... Error! Bookmark not defined. Employment Practices Liability (EPL) ............................................................. Error! Bookmark not defined. Moving Forward ............................................................................................. Error! Bookmark not defined. More Information .......................................................................................... Error! Bookmark not defined. Page 72 419 For 2020, the insurance market has reached a crossroads. After approximately 20 years of a soft, buyer- friendly insurance market, we are moving toward a firming or hardening market—one that is less friendly to insurance buyers. While the effects of this hardening insurance market on your business will depend on a variety of factors, many organizations will see premium increases for their insurance coverage overall. In fact, for some types of coverage, organizations may see double-digit rate increases at their new renewal. Beyond that, managing a business today is more challenging than ever. Organizations must account for dynamic, short- and long-term trends in their industry, while also addressing trends that affect the economy as a whole. Compounding the issue, all of this is unfolding at a time when the coronavirus (COVID-19) pandemic has upended life and business as we know it. While the full human and economic cost of the COVID-19 pandemic has yet to be seen, it’s clear that it has had a profound influence on organizations across the country. In many cases, organizations are facing challenges related to operational changes, the health and safety of their workforce, new compliance requirements and revenue forecasts. The COVID-19 pandemic is sure to influence the P&C insurance industry, likely from both an operating model and pricing perspective. While this is unwelcome news for many organizations, they are not powerless. Now more than ever, it’s essential for organizations to take a proactive approach when it comes to their risk management efforts and their insurance policies. Put another way—in an insurance and risk environment with many unknowns—organizations should focus on addressing the factors they can influence. It’s important to remember that you are not in this alone. To help you navigate the hardening market, you need a broker who understands your business and its unique risks and will advocate on your behalf. Secondly, you need an insurance broker who can tell your risk story to insurance carriers in a way that will best position your business come renewal time. Finally, you need a broker who understands your industry inside and out, the dynamic insurance landscape and how to provide targeted loss control solutions. Remember, in these uncertain times, Gehring Group is here to provide the guidance and expertise your business needs. Page 73 420 The commercial insurance market is cyclical in nature, fluctuating between hard and soft markets. These fluctuations affect the availability, terms and price of commercial insurance, so it’s helpful to know what to expect in both a hard and soft insurance market. A soft market, which is sometimes called a buyer’s market, is characterized by stable premiums, broader terms of coverage, increased capacity, higher available limits of liability and competition among insurance carriers for new business. A hard market, which is sometimes called a seller’s market, is characterized by increased premium costs, stricter underwriting criteria, less capacity, restricted terms of coverage and less competition among insurance carriers for new business. During a hard market, some organizations may receive conditional or nonrenewal notices from their insurance carrier. What’s more, during hard market cycles, insurance carriers are more likely to exit certain unprofitable lines of insurance. In what was one of the longest soft markets in recent years, organizations across most lines of insurance enjoyed stable premiums and expanded coverage for decades. While the commercial insurance market hardened for a short period of time after the terrorist attacks of Sept. 11, 2001, the last sustained hard market occurred in the 1980s. However, after years of gradual changes, the market is firming, leading to increased premiums and reduced capacity. A number of different factors affect insurance pricing, but the following are common contributors to the hardening market: Page 74 421 • Catastrophic (CAT) losses—Floods, hurricanes, wildfires and similar disasters are increasingly common and devastating. Years of costly disasters like these have compounded losses for insurers, driving up the cost of coverage overall, especially when it comes to commercial property policies. • Inconsistent underwriting profits—Underwriting profits refer to the difference between the premiums an insurer collects and the money it pays out in claims and expenses. When an insurance company collects more in premiums than it pays out in claims and expenses, it will earn an underwriting profit. Conversely, an insurance company that pays more in claims and expenses than it collects in premiums will sustain an underwriting loss. An insurance company’s combined ratio after dividends is a measure of underwriting profitability. This ratio reflects the percentage of each premium dollar an insurance company puts toward spending on claims and expenses. A combined ratio above 100 indicates an underwriting loss. Insurance companies generally do not generate profits from their underwriting operations. In the past 10 years, the commercial insurance industry has only had a combined ratio under 100 four times. • Eroding investment returns—Insurance companies also generate income through investments. Commercial insurance companies typically invest in a variety of stocks, bonds, mortgages and real estate investments. Due to regulations, insurance companies’ largest asset group is typically bonds. These provide stability against underwriting results, which can vary from year to year. When interest rates are high and returns from other investments are solid, insurance companies can make up underwriting losses through their investment income. However, when interest rates are low—like they currently are—insurers must pay close attention to their underwriting standards. Page 75 422 • The economy—The economy as a whole also affects an insurance company’s ability to write new policies. During periods of economic downturn and uncertainty, some organizations may purchase less coverage or forgo insurance altogether. A business’s revenue and payroll, which factor into how premiums set, may decline. This creates an environment where there is less premium income for insurers. • The cost of reinsurance—Simply put, reinsurance is coverage for insurance companies. Carriers often buy reinsurance for risks they can’t or don’t wish to retain fully, including those for severe weather events like hurricanes and wildfires. It’s a way for primary insurers to protect against unforeseen or extraordinary losses. As a result, reinsurance helps to stabilize premiums for regular organizations by making it less of a risk for insurance carriers to write a policy. However, reinsurers have exposures to many of the same events and trends that are affecting insurance companies. For 2020, reinsurance is becoming more expensive to obtain, which is reflected in the overall cost of insurance for organizations. Additional Factors That Influence Your Insurance Rates In addition to the above, the following are additional factors that may influence your insurance rates: The coverage you’re seeking—The forms of insurance you’re are seeking, as well as the details of the coverage (e.g., limits of liability and value of insured property), will affect your insurance pricing. The size of your business—As a general rule, the more employees your business has and the larger your revenue is, the higher you will pay for your insurance. Page 76 423 The industry in which you operate—There are certain industries that carry more risk than others. In general, organizations in these sectors are more likely to file an insurance claim. As a result, organizations involved in risky industries tend to, on average, pay more in insurance premiums. The location of your business—The location of your business will also influence your commercial insurance rates. If your business is located in an area prone to certain natural disasters, insurers may determine that your facility is more at risk for property damage. This increased risk will translate to higher insurance premiums. Your claims history—Your business’s claims history, often referred to as your loss history, will also have an impact on insurance rates. If your business has an extensive claims history, then insurance carriers will tend to consider your company more likely to file future claims. This, in turn, means that your business will be viewed as risky to insure, subjecting you to higher commercial insurance premiums. Put simply, during a hard market, insurance buyers may face complex considerations regarding their insurance coverage. Thankfully, organizations are not without recourse in the face of a hard market. Business owners who proactively address risk losses and manage exposures will be better prepared for a hardening market than those who do not. Furthermore, those who educate themselves on the trends that influence their insurance will have a greater understanding of what can be done to influence their insurance rates. Page 77 424 Insurance experts often examine how outside influences and trends affect the insurance marketplace, and organizations should follow suit to determine what factors impact their insurance coverage. For 2020, there are a number of sweeping market developments to consider. Spotlight on Social Inflation As an insurance buyer, you may have heard the term “social inflation” used to explain one of the factors driving up the cost of insurance in today’s market. In general, this term refers to societal trends that influence the ever-rising costs of insurance claims and lawsuits. As the insurance market changes, it’s important for organizations to understand what’s currently driving social inflation. Litigation Funding One of the factors driving social inflation has to do with increased litigation or, more specifically, litigation funding. Litigation funding is when a third party provides financing for a lawsuit. In exchange, the third party receives a portion of the settlement. In the past, the steep cost of attorney fees would often scare plaintiffs away from taking a lawsuit to trial. But, through litigation funding, most or all of the costs associated with litigation are covered by a third party, which has increased the volume of cases being pursued. Not only is litigation funding becoming more common, but it also increases the cost of litigation, sometimes to seven figures. This is because plaintiffs are able to take cases further and seek larger settlements. Tort Reform Tort reform refers to laws that are designed to reduce litigation. Specifically, tort reforms are used to prevent frivolous lawsuits and preserve laws that prevent abusive practices against organizations. Many states have enacted tort reforms over the last several decades, leading to fewer claims and caps on punitive damages. However, in recent years, a number of states have modified tort reforms or challenged them as unconstitutional. Opponents believe tort reforms lower settlements to the point where attorneys are less likely to take on new cases and help victims get justice for their injuries or other damages. Further complicating matters, tort reform is subject to uncertainty, as it’s largely tied to political leanings and the interests of individual states. Should tort reform continue to erode, there could be fewer restrictions on punitive and noneconomic damages, statutes of limitations and contingency fees— all of which can drive up the cost of claims and exacerbate social inflation. Plaintiff-friendly Legal Decisions and Large Jury Rewards The overall public sentiment toward large organizations and corporations is deteriorating, and anti- corporate culture is more prevalent than ever. A number of factors are contributing to this increasing distrust, including highly publicized issues related to the mishandling of personal data and social campaigns. This has had a considerable impact on how organizations are perceived by a jury in court, and organizations are held to a high standard for issues related to the way they conduct their business. In fact, juries are increasingly likely to sympathize with plaintiffs, especially if a business’s reputation has Page 78 425 been tarnished in some way in the past. As a result, plaintiff attorneys are likely to play to a jury’s emotions rather than the facts of the case. Compounding this issue, there’s an increasing public perception that organizations—particularly large ones—can afford the cost of any damages. This means juries are likely to have less reservations when it comes to awarding damages. In the current environment, nuclear verdicts (awards of $10 million or more) have become more common. Extreme Weather Events Examined Extreme weather events—like hurricanes, tornadoes, hailstorms and wildfires—continue to make headlines as they become increasingly devastating and costly. Making matters worse, these events aren’t limited to one geographic area or weather event, impacting organizations and residents across the United States. In 2019, wildfires plagued the West Coast, and California alone recorded more than 47,000 wildfires. In the Midwest, flooding along the Mississippi River and its tributaries caused an estimated $6.2 billion in damage across 13 states. On the East Coast, the 2019 hurricane season caused billions of dollars in damage and affected multiple states along the Atlantic Ocean. Many experts believe severe storms, extreme temperatures, wildfires and flooding are the new norm. As these catastrophes become more frequent, the insurance industry and the economy will likely struggle to keep up with the losses. This is even more apparent when you consider that insured losses (excluding damage caused by floods) reached $106 billion in 2017 and $50 billion in 2018. Moving forward, expect to see more emphasis around weather readiness, especially from an insurer’s perspective. Policyholders that take steps to fortify their property (e.g., using fire-resistive materials and reinforcing roofs) could enjoy premium discounts. COVID-19 The COVID-19 outbreak continues to be a top-of-mind concern for organizations and individuals across the globe, and almost every country has reported cases of the virus. As the COVID-19 pandemic becomes increasingly widespread, it’s not only raising fears about the well-being of the general public, but it’s also disrupting life as we know it. In response to the pandemic, millions of individuals across the United States were subject to stay-at- home orders. While many essential organizations (e.g., hospitals, pharmacies, grocery stores and gas stations) remained open during the COVID-19 pandemic, other operations deemed nonessential shut down temporarily or changed the nature of their operations. While the full cost of COVID-19, has yet to be determined, one thing is certain: The COVID-19 outbreak has significantly tested the preparedness of organizations everywhere. Moving forward, it’s critical to take a hard look at your continuity and disaster response plans. You should also partner with experts who not only understand the risks your business faces on a daily basis, but can also help you prepare for the unexpected. This is particularly important during times of hardship and uncertainty. Page 79 426 Price forecasts are based on industry reports for individual lines of insurance. Forecasts are subject to change and are not a guarantee of premium rates. Insurance premiums are determined by a multitude of factors and differ per organization. These forecasts should be viewed as general information and not insurance or legal advice. LINE OF COVERAGE PRICE FORECAST Commercial property • Non-CAT exposed: +10% to +20% • CAT exposed: +10% to +30% • CAT exposed with poor loss history: +25% to 50% General liability • Overall: +4.5% to +16% Excess and umbrella liability • High risk: +25% or more • Low to moderate risk: +15% or more Commercial auto • Overall: +6% to +12% or more Workers’ compensation • Overall: -2% to +2% Cyber liability • Overall: Flat to +10% Public officials liability • Public sector: +17% to +50% or more • Public sector with poor loss history: +5% to +35% Employment practices liability • Public sector: +5% to +25% Page 80 427 The commercial property market continues to harden, and price increases are expected to accelerate throughout 2020. This has been a trend in the market for the past few years. In fact, commercial property rates have increased every quarter since Q3 2017. An increasing number of weather-related catastrophes and natural disasters (e.g. wildfires, hurricanes, windstorms, hail and floods) have put stress on insurance companies to cover their losses, driving up premiums. While losses from natural disasters were down in 2019 compared to 2017 and 2018, insurance carriers are still monitoring their exposure to these events closely. Additionally, attritional property losses—losses other than those related to major catastrophes or exposures—are on the rise and are a cause for concern for many insurance carriers. In response to these trends, insurance carriers are reducing their capacity and refining their appetite for certain risks. In some cases, insurers are exiting markets for certain industries. This is especially true for particularly high-risk operations with poor loss control practices or those located in natural disaster- prone areas. Page 81 428 Trends to Watch • Unfavorable renewals—In many cases, premium increases will be unavoidable. However, these increases will vary based on a number of factors, including, but not limited to, a business’s location, industry, loss history, CAT exposures and loss control measures. • Carrier selectivity and stricter underwriting—Carriers are focusing on their underwriting profitability more so than in years past and are facing less pressure to bring in new business. This allows carriers to be more selective about the risks they are willing to write. Underwriting criteria are expected to tighten, and loss control techniques will be scrutinized more than ever before. • Increased submission volume—For 2020, we anticipate that insurers will see an increase in commercial property applications. This increase in submission volume will likely allow carriers to apply greater scrutiny to new applicants and be more selective when renewing risks. Tips for Insurance Buyers • Work with your insurance broker to begin the renewal process early in order to put your best foot forward. • Examine the design of your property insurance with your insurance broker. • Gather as much data as possible regarding your exposures and existing risk management techniques. Be sure to work with your insurance broker to highlight any business continuity plans and loss control measures you have in place. • Address any open insurance carrier recommendations prior to renewals. Insurers will be looking at your loss control initiatives closely. Taking the appropriate steps to reduce your risks whenever possible can make you more attractive to underwriters. Page 82 429 Overall, liability lines have seen significant rate increases annually, as worsening loss trends make underwriting profitability more difficult. Unlike in previous years, rate predictions for various liability lines are no longer mixed, and single-digit increases are expected for virtually all buyers. While there are several contributing factors to the hardening liability market, much of it has to do with insurers being more selective. In fact, insurers are leaning into conservative underwriting approaches and refraining from using surplus capital to write new business. Some carriers are exiting the market altogether due to claims severity, and many are unwilling to write primary liability lines on a standalone basis. Compounding the issue, it’s unlikely that competition for premium dollars will slow rate hikes in any meaningful way. These reduced capacity and rate fluctuation trends will no doubt affect a variety of industries. Trends to Watch • Increased medical costs—Advances in health care have made treatment more effective, and people are living longer, fuller lives after a serious accident. While this is a positive trend, it has had an impact on compensatory damages and benefits, particularly when they are paid out over a lifetime. Additionally, annual medical cost inflation is averaging between 3% to 6%, which has also increased claims costs. • Social inflation—Social inflation generally refers to the rising costs of litigation and insurance claims. These rising costs are the result of societal trends and views toward increased litigation, broader contract interpretations, plaintiff-friendly legal decisions and large jury awards. Together, these factors can raise the cost of insurance. Tips for Insurance Buyers • Work with your insurance broker to educate yourself on key market changes affecting your rates and how to respond using loss control measures. • Examine your general liability coverage with your insurance broker to ensure limits match up with your insurance needs. Page 83 430 The excess and umbrella liability market is experiencing significant disruption and is proving to be more challenging than the markets for primary coverage. In the excess and umbrella market, insurance carriers are adjusting their underwriting appetites, reducing capacity and increasing attachment points. In most cases, rates on excess layers are exceeding those of primary ones. What’s more, insureds have seen an uptick in nonrenewal notices on various layers throughout their liability towers. Market conditions are not only being dictated by claims experienced by insurance carriers, but also by fears over trends pushing claims costs even higher. These trends include, but are not limited to, litigation funding, nuclear verdicts and medical care cost inflation. For 2020, we anticipate a challenging excess and umbrella market for many insureds. Underwriters are likely to apply caution when examining risks, and most insurance carriers are unlikely to increase capacity or expand the writing of new business. Trends to Watch • Litigation funding—Litigation funding refers to the practice of having a third party finance a lawsuit in exchange for a portion of the settlement. This practice is becoming increasingly common and is driving up the cost of litigation and settlements. • Nuclear verdicts—Verdicts that surpass $10 million are becoming more and more common risks for organizations. The uptick in nuclear verdicts, especially in the commercial auto space, has put pressure on the excess and umbrella market. • Changes at the insurance carrier level—In light of market turbulence for excess/umbrella coverage, many insurance carriers are reducing their lead umbrella capacity from $25 million to less than $15 million. Tips for Insurance Buyers • Plan for price increases and difficult renewals. In many cases, applications will have to be submitted earlier than normal. • Work with your insurance broker to submit a quality application. Because of the firming market conditions for excess and umbrella layers, submission activity is up. Insurance companies are dealing with a lot of submissions for both renewals and new business. In this environment, poor applications are likely to be denied by underwriters. Page 84 431 Exposures related to commercial auto insurance are vast, and a number of industry changes, as well as the frequency and severity of claims, have had a significant impact on this insurance market. While commercial auto rates have been climbing for years, many carriers are still finding it difficult to maintain profitability for commercial auto insurance. In fact, 2019 was the ninth year in a row that insurance carriers had a combined ratio in excess of 100 for commercial auto lines. Rates for commercial auto insurance are likely to increase in 2020 and beyond. While some insureds will see more profound rate increases, we anticipate that the overwhelming majority of organizations with commercial automobile exposures will experience cost increases, regardless of their industry or vehicle class. Trends to Watch • Distracted driving incidents—While many factors can lead to a crash, distracted driving is one of the most common causes of accidents. As these incidents have become more frequent, insurance rates have climbed in tandem, creating a risk management challenge for insureds and a profitability challenge for insurance carriers that sell commercial auto insurance. Page 85 432 • Driver shortages—A shortage of experienced drivers is taxing many organizations when it comes to commercial auto exposures. While this driver shortage is most profound for over-the- road trucking companies, it’s also affecting organizations in just about every other industry as well. Increasingly, organizations are struggling to recruit and retain experienced drivers. This has forced many employers to hire inexperienced drivers who are more likely to be involved in accidents. • Increasing medical costs—In general, medical costs have been rising steadily over the past decade. In fact, losses for bodily injury liability insurance claims increased 10% over a five-year period alone. These increased costs have affected multiple lines of insurance, including commercial auto. • Increasing vehicle repair costs—Technological advancements have made vehicles safer and more efficient. However, as commercial vehicles are outfitted with a variety of sophisticated components, they are becoming increasingly expensive to repair. Tips for Insurance Buyers • Examine your loss control practices relative to your fleet and drivers. Enhance your driver safety programs by implementing or modifying policies on safe driving, distracted driving and substance abuse. • Design your driver training programs to fit your needs and the exposures facing your business. Regularly retrain drivers on safe driving techniques. • Ensure you are hiring qualified drivers by using motor vehicle records (MVRs) to vet a driver’s past experience and moving violations. Disqualify any drivers with an unacceptable driving record. Review MVRs on a regular basis to ensure that drivers maintain good driving records. Define the number and types of violations a driver can have before they lose their driving privileges. • Consider technology solutions, such as telematics, where appropriate to strengthen and supplement other loss control measures. • Implement a driver- or employee-retention program to maintain experienced drivers. • Examine your Federal Motor Carrier Safety Administration (FMCSA) BASIC scores to identify gaps in your fleet management programs, if applicable. • Determine whether you should make structural changes to your commercial auto policies by speaking with your insurance broker. Page 86 433 In contrast to other casualty lines, the markets for workers’ compensation insurance remain competitive in most states and industries. In fact, premiums for workers’ compensation policies have steadily declined for nearly a decade. This is due in large part to favorable loss ratios for workers’ compensation coverage in most states. What’s more, combined ratios have improved to their lowest level in more than 50 years, and the National Council on Compensation Insurance (NCCI) estimates that private insurers had $5 billion loss reserve redundancy at the start of 2019. For 2020, we anticipate that workers’ compensation trends will be similar to what they’ve been in previous years. Again, workers’ compensation is mostly a buyer’s market, as the number of workplace injuries continues to decline at a steady pace and combined ratios stay below 100%. Overall, policies written on guaranteed cost (insured pays a fixed premium) will continue to see competitive pricing. Loss-sensitive plans (final premium is dependent on the actual losses) will also see favorable pricing, although perhaps not as favorable as guaranteed cost plans. Trends to Watch • Large claims—Workers’ compensation lines have seen a decline in overall claim frequency over the last few decades. However, serious accidents still occur, with costs for medical treatment and lost-wage benefits sometimes reaching millions of dollars. In recent years, there has been an uptick in so-called “mega claims.” Mega claims are essentially workers’ compensation claims in excess of $10 million. • Expansion of telemedicine—Telemedicine uses technology to facilitate communication between a doctor and patient who are not in the same physical location. It can be used to provide medical evaluations, diagnosis and treatments. Many praise telemedicine, as it can provide quick and efficient access to care and reduce overall medical costs. Moving forward, expect states to introduce legislation to speed up the adoption of telemedicine. Tips for Insurance Buyers • Implement safety and health programs to address common risks, especially when using a loss- sensitive workers’ compensation program. • Reevaluate the effectiveness of pre-loss safety initiatives and post-loss claims handling procedures. Page 87 434 Over the past few years, new insurance carriers have been entering the cyber insurance market. This has helped increase competition among insurance carriers for market share. During this period, capacity for cyber insurance has grown, while coverage terms have expanded. Competition and ample capacity have also allowed insurance carriers to absorb the impact of cyber claims, while keeping premiums in check. Overall, it has been a buyer’s market for this line of coverage. While we anticipate a relatively stable market for cyber insurance, there are growing headwinds in the industry. Insurance carriers are increasingly concerned with a growing volume of cyber attacks. Most notably, 2019 saw a dramatic increase in ransomware and social engineering attacks across the United States. For 2020, premiums for cyber insurance are likely to remain flat or have modest increases for most organizations, particularly for smaller firms. However, insureds with higher levels of revenue or that operate in challenging sectors (e.g., retail, hospitality, health care and finance) could see more pronounced premium increases. Trends to Watch • The rise of ransomware attacks—Ransomware refers to a type of malware that can breach and encrypt a victim’s files. The victim is then forced to make a ransom payment in order to regain access to their data. Ransomware attacks are among the most expensive for organizations to deal with. The frequency of ransomware has been difficult to determine, as many organizations pay off attackers without notifying the authorities. However, most indicators show that these attacks have exploded in frequency over the past two years. Making matters worse, the average loss from a ransomware attack now exceeds $1 million. • Human error—Human error continues to rank as one of the leading causes of data breaches. In fact, according to research from the Ponemon Institute, nearly 25% of all data breaches are caused by human error. • Data protection laws—Over the past few years, multiple international (e.g. the United Kingdom and Canada) as well as domestic jurisdictions have implemented new data protection laws. Laws like the California Consumer Privacy Act create new liabilities and compliance considerations for organizations that handle data. As the world becomes more interconnected, more states are likely to pass similar legislation. • Phishing—Phishing emails continue to be one of the most common causes of data breaches. This threat refers to fraudulent emails that try to trick employees into revealing sensitive Page 88 435 information. More and more, cyber criminals are developing “phishing kits,” which are shared among criminals and can be used to deploy a large volume of phishing campaigns. Tips for Insurance Buyers • Work with your insurance broker to understand the different types of cyber coverage available and secure a policy that’s unique to your needs. Determine whether your organization should purchase standalone cyber liability coverage or make modifications to your current policy. • Take advantage of loss control services offered by insurance carriers to help strengthen your cyber security. • Focus on employee training to prevent cyber crime from affecting your operations. Employees should be aware of the latest cyber threats and ways to prevent them from occurring. • Consider how a cyber incident could affect your operations and plan accordingly. Business continuity and emergency action plans should account for first-party as well as third-party cyber incidents. Page 89 436 The POL market is in a period of transition. After a decade of favorable pricing for organizations, insurance carriers have tightened their underwriting criteria for POL risks. In 2019, organizations purchasing POL insurance started seeing not only higher premiums and retentions, but reduced capacity as well. We anticipate that the POL insurance market will continue to firm over the next 12 to 18 months. Rate increases are the new norm, and, for certain segments and larger programs, finding willing capacity for new or replacement layers could prove difficult. There are a number of factors forcing insurance companies to reexamine their approach to POL insurance. In recent years, insurance companies have found themselves paying increasingly expensive claims at a more frequent rate. POL claims are often eating through primary layers of coverage and impacting excess layers. Costly security class action lawsuits, mergers and acquisitions (M&A) class suits and derivative actions are more common than ever. Finally, there is a longer tail when it comes to POL claims, and some insurance companies are still paying out losses from claims that occurred during the financial crisis. For 2020, organizations with a poor claims history and organizations with significant exposures are seeing higher premiums and self-insured retentions (SIR). Additionally, organizations with layered POL programs will notice that excess premiums are increasing faster than primary ones. Trends to Watch •Environmental, social and governance (ESG) issues—ESG is generally defined as a broad set of environmental, social and corporate governance considerations that may impact an Page 90 437 organization’s ability to execute its strategy and create value over the long term. Investors, regulators and the public increasingly expect organizations and their boards to address ESG issues. • Cyber liability in the boardroom—Now more than ever, corporate boards are under the microscope when it comes to their role in overseeing cyber risks. Cyber claims often cross over into POL claims when there are allegations that the Public Officials did not put the proper safeguards or insurance coverage into place before a cyber incident. • Claims driven by workplace mismanagement—Following social initiatives like the #MeToo movement, there’s intense pressure for corporations to hold leadership accountable for their actions when responding to allegations of workplace harassment. Over the past few years, there has been an increase in POL claims alleging that corporate boards failed to control, prevent or stop workplace issues. Tips for Insurance Buyers • Examine your POL program structure and limits alongside your insurance broker to ensure they are appropriate and take market conditions and trends into account. • Work with insurance brokers, loss control experts and underwriters to gain a better understanding of your POL exposures and cost drivers. • Focus on addressing exposures related to cyber liability, M&A activity and workforce management. Page 91 438 Like many other lines of insurance, the EPL insurance market is also firming. This is due in large part to a higher frequency and severity of claims in recent years as well as increased legislative activity at the state level. In the current market, there has been a lot of upward pressure on both premiums and SIR rates, especially in certain areas of the country. Changes to state and local laws, more enforcement activity, social movements like #MeToo and #TimesUp, and an increased focus on the gender pay disparity are just a few notable shifts impacting EPL exposures for employers. Moreover, judges and juries seem increasingly sympathetic to plaintiffs in employment-related actions. Over the past few years, there has been an acceleration of large judgments (more than $5 million) issued against employers for EPL claims. All of these trends are impacting the market for EPL insurance. Many insurance carriers are decreasing their appetite to write new EPL business. For 2020, we anticipate that most organizations will see rate increases between 5% and 15% on EPL policies. However, larger firms and those that operate in riskier states (e.g., California, Illinois, Florida, New York and Texas) may see larger percentage increases. Trends to Watch • Increased litigation—While litigation for workplace harassment fell slightly in 2019 as compared to 2018, overall levels of litigation for workplace claims are still at near-record highs. Additional trends, such as an aging workforce, could further the volume of legal actions filed against employers. • State-level activity—In 2019, more than 20 states passed laws that expand employer liability related to workplace incidents. Among other requirements, these new laws expanded protections for victims of workplace harassment, created new training requirements for employers related to sexual harassment, extended statutes of limitation and limited the use of nondisclosure agreements. This trend is likely to continue for the foreseeable future as additional states consider similar measures. • Wage and hour enforcement—In 2019, we saw record levels of Department of Labor enforcement for wage and hour violations. While EPL policies often exclude coverage for wage and hour violations, standalone policies are available and may be appropriate for some larger companies. Beyond insurance, employers should pay close attention to wage and hour rules on a state, federal and local level. • Gig workers—In what’s referred to as a gig economy, employers are relying on independent contractors and freelancers more than ever before. And while this reduces payroll costs and tax Page 92 439 liabilities, it can also increase the risk of misclassification claims. Moving forward, it’s likely many states will adjust their laws to discourage and prevent employee misclassification. What’s more, additional states may consider laws like California’s Assembly Bill 5, which makes it easier for independent contractors to claim employee status. • Possible COVID-19 fallout—Covid-19 has introduced a host of workplace issues that employers must consider. It’s yet to be seen if the fallout from the COVID-19 pandemic will lead to an uptick in lawsuits being filed against employers for issues related to wrongful termination or breaches of privacy. Tips for Insurance Buyers • Review your employee handbook and related policies. Ensure you have all appropriate policies in place, including language on discrimination, harassment and retaliation. • Ensure you are compliant with any recent developments that affect how you manage your workforce or create additional employment practices liability. • Investigate all claims of discrimination and harassment immediately, and administer discipline and training as necessary. • Document all evaluations, employee complaints and situations that lead to employee termination. • Pay particular attention to issues that could lead to wage and hour complaints. Page 93 440 It can sometimes seem as if the forces determining your insurance rates are beyond your control. But, as an insurance buyer, it’s important to know how your premiums are calculated, what trends influence the market and what you can do to get the best price. Your claims history—which you can control—has an enormous impact on whether your rates go up or down. That’s where implementing a solid risk management plan will help steer your pricing in a more favorable direction, both now and in future renewal periods. The following are five key components of a successful risk management strategy: In addition to implementing the above risk management strategies, working alongside an experienced insurance broker is equally crucial. Qualified brokers can help their clients analyze their business, understand their exposures and establish a suite of customized insurance policies that act as a last line of defense against claims. A broker will also thoroughly explain your policies, notifying you of any additional considerations to keep in mind. Remember, the insurance landscape is complex, and while the predictions found in this outlook are based on expert research, they are subject to change. Fortunately, your partners at Gehring Group are diligently monitoring the market throughout the year and will keep you informed of any changes that might affect your business. Page 94 441 This report is for informational purposes and is not intended to be exhaustive nor should any discussions or opinions be construed as legal advice. Contact your insurance broker, tax professional or counsel for advice on your particular situation. ©2020 Zywave, Inc. All rights reserved. For more details regarding the information contained in this report, contact Gehring Group today. In addition to helping you navigate the insurance market, Gehring Group has resources to assist in your risk management efforts. Business owners who proactively address risk, control losses and manage exposures will be adequately prepared for changes in the market and will get the most out of each insurance dollar spent. This report is for informational purposes and is not intended to be exhaustive nor should any discussions or opinions be construed as legal advice. Contact your insurance broker, tax professional or counsel for advice on your particular situation. ©2020 Zywave, Inc. All rights reserved. Page 95 442 Sample Site Inspection Assessment Report (refered to in 5.3.3 References) ATTACHMENT 6 Page 96 443 Page 97 444 Page 98 445 Page 99 446 Page 100 447 Employee Disaster Recovery Plan ATTACHMENT 7 Page 101 448 Page 102449 Page 103450 Page 104451 Page 105452 Risk Management Resource Library ATTACHMENT 8 Page 106 453 Gehring Group Page 107 454 Gehring Group Table of Contents Compliance ..................................................................................................................................................... 1 State‐specific Regulatory Information ................................................................................................................ 1 State & Federal Safety Guides ............................................................................................................................ 1 Workers’ Compensation Statutes ....................................................................................................................... 2 Workplace Poster Requirements ........................................................................................................................ 2 Frequently Cited OSHA Standards ...................................................................................................................... 2 OSHA Training Programs ..................................................................................................................................... 3 Quarterly OSHA Safety Newsletter ..................................................................................................................... 3 Regulatory Updates and Compliance Bulletins .................................................................................................. 3 DOT Checklists .................................................................................................................................................... 4 Driver/Carrier Forms ........................................................................................................................................... 4 Fleet Safety Reference Materials ........................................................................................................................ 4 Educational Materials ..................................................................................................................................... 5 Coverage Insights ................................................................................................................................................ 5 Monthly P&C Pro‐File Newsletters ..................................................................................................................... 5 Presentations ...................................................................................................................................................... 5 Risk Insights ......................................................................................................................................................... 6 Continuity Planning ............................................................................................................................................. 6 Loss Control......................................................................................................................................................... 6 Claims Cost Containment .................................................................................................................................... 7 Checklists ............................................................................................................................................................ 7 Workers’ Compensation Resources .................................................................................................................... 7 Management Liabilities ...................................................................................................................................... 8 Employee Communications ............................................................................................................................ 8 Safety Awareness Campaigns ............................................................................................................................. 8 Employee Resources ........................................................................................................................................... 8 Playing it Safe Flyers ........................................................................................................................................... 9 Target on Safety Flyers ....................................................................................................................................... 9 Safety Matters “Toolbox Talks” .......................................................................................................................... 9 Page 108 455 Gehring Group Bulletins ............................................................................................................................................................ 10 Safety Manuals ................................................................................................................................................. 10 Safety Policies ................................................................................................................................................... 10 Constant Innovation ..................................................................................................................................... 11 Cyber Liability .................................................................................................................................................... 11 Social Media Risk .............................................................................................................................................. 11 Enterprise Risk Management ............................................................................................................................ 11 Page 109 456 Tab C: Price Proposal Form Page 110 457 41 PART VI – PRICE PROPOSAL FORM RFP 2021-002 Broker Services for Casualty and Excess Insurance Part I: Proposer shall propose an all inclusive annual service fee for all services identified in Request for Proposal 2021-002, including all policies listed in Table 01. The all inclusive annual service fee shall include any costs for travel, lodging and any other miscellaneous expenses. The all inclusive annual service fee paid to the Awarded Proposer is to be the only remuneration accepted by the Awarded Proposer for service fees in relation to the Agreement. $_ ___________________ Annual all inclusive service fee (annual rate applies to year 1, 2 and 3) Part II: For renewal years (Year 4 and thereafter contingent on renewal): Annual escalation fees shall be tied to a CPI Index, that is capped at 5%. Any year the CPI index is in excess of 5%, the annual increase shall not exceed 5%. Any deviation to the renewal language as fully detailed in the Agreement to be detailed below. Renewal language accepted Renewal language deviation proposed: Part III: For any new policy placements beyond the City’s current insurance policies (policies listed in Table 01), fees shall be expressed as a percentage (%) of premium. Percentage (%) of premium Part IV: As detailed in the Agreement, in the event Awarded Proposer is called on to provide expert advice and/or expert witness testimony in any court or administrative proceeding arising from or related to the Awarded Proposer provided services under this agreement, Awarded Proposer shall provide those services at the hourly rates set out above. Proposer to provide their hourly rate for expert witness testimony $ /hour Part V: To ensure absolute transparency in terms of all forms of income Awarded Proposer would receive to ensure all costs are identified, Awarded Proposer shall identify any additional anticipated monetary sources that would be received for placing the insurance lines in this RFP. This would include all possible sources of compensation, including, but not limited to, direct or indirect compensation, current and future compensation, placement or administrative fees, rebates, contingent commissions, renewal commissions, service fees, and any other form of compensation. If none, state “none”. Transparency statement: Submitted by: Proposer Name: Kurt N. Gehring, President and CEO The Gehring Group, Inc. 40,000 X 10 0 Page 111 458 Tab D: RFP Required Forms 5.12 A ......................................................................................................................................... RFP Checklist 5.12 B ............................................................................................................Proposer Acknowledgment Form 5.12 C ...................................................................................................................................... Drug Free Form 5.12 D .................................................................. Vendor Certification Regarding Scrutinized Companies List 5.12 E .................................................................................................................................... Corporate Status 5.12 F .............................................................................................................................. Business Tax Receipt 5.12 H ................................................................................................................ Sample Insurance Certificates 5.12 I .................................................................................. Applicable Licenses to Provide Services in Florida 5.12 J .................................................... State of Florida Professional Licenses for Outside Firms/Consultants 5.12 K ........................................................................................................................ City Signed Addendums Page 112 459 5.12 A RFP Checklist Page 113 460 34 5.12. RFP FORMS (Submitted in Tab D of RFP Response) A.RFP Checklist Submitted as Attachment and labeled as 5.12 A B.Proposer Acknowledgement Form: Proposer to notarize, complete and submit City Provided Form. City provided Proposer Acknowledgement Form notarized, submitted and labeled as 5.12 B C.Drug Free Form City provided Proposer Acknowledgement Form submitted and labeled as 5.12 C D.Vendor Certification Regarding Scrutinized Companies Lists Submitted as Attachment and labeled as 5.12 D E.Corporate Status: If Proposer is a corporation, provide certification from the applicable State verifying Proposer's corporate status and good standing. Submitted as Attachment and labeled as 5.12 E F.Business Tax Receipt: Proposer is to submit a copy or proof of Business Tax Receipt (Formerly Known as Occupational License) from Entity where business is located, if applicable in City, State, County. Submitted as Attachment and labeled as 5.12 F or Type/Provide Response here if not applicable for your City/County: G.Sole Proprietor or Partner: In the case of sole proprietorship or partnership, detail all owners or partners. If not applicable, state as such. Submitted as Attachment and labeled as 5.12 G or Type/Provide Response here: H.Sample Insurance Certificates Provide proof of ability to obtain the levels of insurance as referenced in PART VII – SAMPLE AGREEMENT in areas of Commercial General Liability, Workers’ Compensation, Business Auto and Professional Liability as identified in the RFP. Submitted as Attachment and labeled as 5.12 H I.Applicable Licenses to Provide Services in State of Florida Submitted as Attachment and labeled as 5.12 I / Not Applicable X X X X X X Not applicable X X Page 114 461 35 J.State of Florida Professional Licenses for the Outside Firms / Subconsultants Submitted as Attachment and labeled as 5.12 J K.Signed City Addendums (as applicable) Submitted as Attachment and labeled as 5.12 K L.Electronic Submittal – Validation of Company Name in Electronic Bidding System Any Proposer submitting an electronic RFP response: Proposer confirms that their Company Profile matches the Federal ID Number and name of Proposer as submitted in your uploaded RFP response and Proposer Acknowledgement Form. By clicking on the RESPONSE SUBMISSION tab in the electronic bidding system, Proposer can review their profile name. Company Profile may be updated by going to MY Profile. Confirmed, validation of Company Name in Electronic Bidding System matches Proposer Acknowledgement Form X X X Page 115 462 36 5.12. A PROPOSAL CHECKLIST RFP 2021-002 Broker Services for Casualty and Excess Insurance (to be submitted with RFP response) Proposers Checklist All proposals should be tabbed and submitted in the format identified in the Instructions for Preparing Proposals. Failure to submit the identified information in the format identified below may cause the proposal to be rejected as non responsive. The checklist form is provided as a guide for the Proposer to assist in the submission of the RFP in accordance with the submittal instructions. Proposer is responsible for carefully reviewing the requirements to assure that the necessary documents are responded to and provided. Tab: A. PART V – PROPOSAL RESPONSE FORM, including Minimum Qualifications B.Attachments for PART V – PROPOSAL RESPONSE FORM (labeled) C.PART VI – PRICE PROPOSAL FORM D.5.12 RFP Forms Number of copies to be submitted are as stated in Item 1.3 of the RFP. The following forms have been manually signed: Proposer Acknowledgement Form Drug Free Form Proposal Checklist form Price Proposal Form Proposer Certification Regarding Scrutinized Companies Name of Proposer: / Signature: X X X X X X The Gehring Group, Inc. Kurt N. Gehring, President & CEO Page 116 463 5.12 B Proposer Acknowledgment Form Page 117 464 Page 118 465 5.12 C Drugfree Workplace Form Page 119 466 38 5.12. C RFP No. 2021-002 Broker Services for Casualty and Excess Insurance DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that does: (Name of Business) 1.Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2.Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3.Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4.In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5.Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee’s community by, any employee who is so convicted. 6.Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Proposer’s Signature Date The Gehring Group, Inc. Kurt N. Gehring, President and CEO January 11, 2021 Page 120 467 5.12 D Vendor Certification Regarding Scrutinized Companies List Form Page 121 468 39 5.12. D RFP No. 2021-002 Broker Services for Casualty and Excess Insurance Proposer Certification Regarding Scrutinized Companies Proposer Name: ________________________________________________________ Proposer FEIN: _____________________________ _________________________________________/____________________________ Proposer’s Authorized Representative Name and Title Address: ____________________________________________________________ City: ____________________________State: __________________Zip:___________ Telephone Number: _____________________________________________________ Email Address: _________________________________________________________ Proposer acknowledges that Section 287.135, Florida Statutes, prohibits the City from contracting for goods or services of any amount with companies that are on the Scrutinized Companies that Boycott Israel List (contained in Section 215.4725, Florida Statutes) or are engaged in a boycott of Israel. As the person authorized to sign on behalf of the Proposer, I hereby certify that the Proposer is not on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. On behalf of Proposer, I acknowledge and understand that, pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject the Proposer to civil penalties, attorney’s fees, and/or costs, and other damages or relief, as allowed by law. I further understand that the City may terminate an agreement if the City determines that the Proposer submitted a false certification. ___________________________________________ *Signature of Authorized Representative ____________________________________________ *Name and Title of Authorized Representative *This individual must have the authority to bind the Proposer. The Gehring Group, Inc. 65-0361295 Kurt N. Gehring President and CEO 3500 Kyoto Gardens Drive Palm Beach Gardens Florida 33410 (561)626-6797 / (800)244-3696 cindy.thompson@gehringgroup.com Kurt N. Gehring, President and CEO Page 122 469 5.12 E Corporate Status Certificate of Good Standing Page 123 470 5.12 F Business Tax Receipts Page 124 471 5.12 H Sample Insurance Certificates Certificate of General Liability and Workers Compensation Insurance Page 125 472 Sample Insurance Certificates (Cont.) Certificate of Professional Liability Insurance Page 126 473 5.12 I Applicable Licenses to Provide Services in Florida Proof of Florida Agent Insurance Licensing Role Agent Name Florida Insurance License # Chief Executive Officer Kurt Gehring A094973 Senior Risk Management Consultant Rodney Louis A158924 Account Manager Thomas Willins, CPIA A286779 Risk Management Consultant (East Coast) David Daley, ARM W658982 Risk Analyst Paul DeSilva A066728 Claims Manager Valerie Ensinger W316877 Risk Management Consultant (West Coast) Raymond Carter, ARM P151561 Proof of Florida Insurance Licensing can be verified at https://licenseesearch.fldfs.com/. Kurt N. Gehring, CEO Rodney Louis, Senior Risk Management Consultant Page 127 474 David Daley, ARM - Risk Management Consultant Paul DeSilva, Risk Analyst Thomas Willins, CPIA - Account Manager Page 128 475 Valerie Ensinger, Claims Manager Raymond Carter, ARM - Risk Management Consultant Page 129 476 Applicable Licenses to Provide Services in Florida Proof of Florida Agency Insurance Licensing Page 130 477 5.12 J State of Florida Processional Licenses for Outside Firms/Consultants Professional Risk Control Consulting Services, LLC Corporate Annual Report Page 131 478 5.12 K City Signed Addendums Not Applicable Page 132 479 City of Boynton Beach Agenda Item Request Form 7.C Consent Bids and Purchases over $100,000 11/ 4/2024 Meeting Date: 11/ 4/2024 Proposed Resolution No. R24-274- Approve the First Amendment to the Piggyback Agreement between the City and Motorola Solutions, Inc. in the amount of $1,300,770.05, which includes a $36,000 credit, for the Fire Department's purchase of handheld radios replacement and upgrade of existing mobile radios, approving the borrowing, use, and repayment of Utility Department funds at a 1% interest rate to finance the purchase. Requested Action: Staff recommends approval of Proposed Resolution No. R24-274. Explanation of Request: The current Boynton Beach Fire Department radios, procured in 2016, have reached their life expectancy and surpassed their warranties. Since 2016, portable radio technology has evolved with new features and enhancements. A six-month review and testing of the new Motorola Apex radios was conducted, and it was determined that these radios will not only replace the outdated equipment but will offer the Fire Department increased safety, reliability, range, and performance. The total price of the replacement radios is $1,300,700.05, which includes a credit of $36,000. Rather than obtaining private financing at a higher interest rate, City staff proposes financing the purchase through the City's Utility Department at a 1% interest rate, which will be paid back by the Fire Department starting on October 1, 2025, in the amount of $333,362.76 and subsequent years ending on October 1, 2029. These radios will be procured utilizing NASPO Contract No. 00318, which complies with the City's procurement policy and piggyback exemption. The pricing has been checked and verified by the City's procurement division. How will this affect city programs or services? The Motorola Apex radios will provide the City with enhanced safety and technical features unavailable with the sun-setting radio equipment for portables and mobile radios. A few of these features include: 480 1. Real-time location tracking (to include elevation when in multi-level buildings) of the radios allows dispatch personnel to direct assistance to officers who may have moved away from their patrol vehicle and needs assistance or during a medical emergency. 2. The Apex can switch to cellular service automatically if the radio cannot transmit on RF frequency. This provides statewide coverage and failover during a radio tower outage or severe weather event. They can also be used if the department is deployed out of the City for mutual aid. 3. Officers and other users can voice announce the channel they need to switch to without looking down or taking attention off a subject or incident. 4. Over-the-air programming: reduced downtime of officers and radios to facilitate programming and updates. 5. Adjacent agency channels can also be programmed into the radio remotely when that access is provided. 6. The radios have a better display of the radio status that is easy to ready for the firefighters. 7. Unconditional warranty for all failures, including accidental damage. Regardless of how it was damaged. 8. More rugged design provides increased resistance to heat, sunlight, and harsh environments from previous models. 9. Improved battery life and faster charging rates keep devices in service longer. 10. Ambient noise reduction provides clearer audio transmissions. Fiscal Impact: There are several fiscal benefits of approving the procurement of these new portable radios with Motorola: 1. The City will save over $124,000.00 by paying the total cost in full versus financing with the vendor. 2. The trade-in credit of $36,000.00 for our old outdated radios. Attachments: R24-274 Agenda_Item_2211-2023_Resolution_for_Motorola_amd_and_WO.docx Motorola First Amendment (FD Purchase).docx REVISED - 02 - QUOTE-2712232-BBFD-MOBILE_RADIOS_10-16-2024_W_DISC.pdf 01 - QUOTE-2504538-BBFD-APX_FLEET_REPLACEMENT_10-18-2024_1_W_DISC.pdf R24-185 Motorola Piggyback.pdf NASPO Contract 00318.pdf Pricing Catalog - Motorola Solutions NASPO Price List_Updated 041023- v4.xlsx 481 RESOLUTION NO. R24-2741 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, APPROVING THE FIRST AMENDMENT TO THE 4 PIGGYBACK AGREEMENT BETWEEN THE CITY AND MOTOROLA 5 SOLUTIONS INC., IN THE AMOUNT OF $1,300,770.00, WHICH 6 INCLUDES A $36,000 CREDIT, FOR THE FIRE DEPARTMENT’S 7 PURCHASE OF HANDHELD RADIOS REPLACEMENT AND UPGRADE OF 8 EXISTING MOBILE RADIOS, AND APPROVING THE BORROWING, USE, 9 AND REPAYMENT OF UTILITY DEPARTMENT FUNDS AT A 1% 10 INTEREST RATE FOR THE PURCHASE; AND FOR ALL OTHER PURPOSES. 11 12 WHEREAS, the City entered into a Piggyback Agreement with Motorola Solutions, Inc., 13 (“Vendor”) on August 20, 2024, to replace handheld radios, upgrade existing dispatch radio 14 consoles, and purchase two additional dispatch radio consoles for the City’s Police Department, 15 approved by Resolution No. R24-185; and 16 WHEREAS, the City desires to amend the Piggyback Agreement to purchase additional 17 radios in the amount of $1,300,770.00, which includes a $36,000 credit, for the Fire Department’s 18 purchase of handheld radios replacement and upgrade of existing mobile radios; and19 WHEREAS, in lieu of obtaining financing from the private sector, staff recommends 20 borrowing money from the City’s Utility Department at a 1% interest rate to finance the purchase, 21 the Fire Department will repay the City’s Utility Department over a 5-year term;22 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 23 best interests of the city's citizens and residents to approve the First Amendment to the Piggyback 24 Agreement between the City and Motorola Solutions Inc., authoring a purchase in the amount of 25 $1,300,770.00, with a $36,000 credit, for the Fire Department’s purchase of handheld radios 26 replacement and upgrade of existing mobile radios, and to approve the borrowing, use, and 27 repayment of Utility Department funds at a 1% interest rate to finance the purchase.28 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.33 482 SECTION 2.The City Commission of the City of Boynton Beach, Florida, does hereby 34 approve the First Amendment between the City and Motorola Solutions Inc., for the Fire 35 Department’s purchase of handheld radios replacement and upgrade of existing mobile radios in 36 the amount of $1,300,770.00, with a $36,000 credit (the “Amendment”), in form and substance 37 similar to that attached as “Exhibit A.“38 SECTION 3.The City Commission of the City of Boynton Beach, Florida, hereby approves 39 the borrowing, use, and repayment of Utility Department funds at a 1% interest rate to finance 40 the purchase.41 SECTION 4.The City Commission of the City of Boynton Beach, Florida, hereby 42 authorizes the Mayor to execute the Amendment. The Mayor is further authorized to execute any 43 ancillary documents required under the Agreement or necessary to accomplish the purposes of 44 the Agreement, including any term extensions as provided in the Agreement, provided such 45 documents do not modify the financial terms/material terms. The Mayor is further authorized to 46 execute any ancillary documents required to accomplish the purpose of this Resolution.47 SECTION 5.The City Clerk shall retain the fully executed Amendment and Work Order48 as a public record of the City. A copy of the fully executed Amendment shall be provided to Kori 49 Grant to forward to the Vendor.50 SECTION 6.This Resolution shall take effect in accordance with law.51 [signatures on the following page]52 53 483 PASSED AND ADOPTED this ______________ day of ______________________________ 2024.54 CITY OF BOYNTON BEACH, FLORIDA55 YES NO56 Mayor – Ty Penserga __________57 58 Vice Mayor – Aimee Kelley __________59 60 Commissioner – Angela Cruz __________61 62 Commissioner – Woodrow L. Hay __________63 64 Commissioner – Thomas Turkin __________65 66 VOTE ______67 ATTEST:68 69 ___________________________________________________________70 Maylee De Jesús, MPA, MMC Ty Penserga71 City Clerk Mayor72 73 APPROVED AS TO FORM:74 (Corporate Seal)75 76 _______________________________77 Shawna G. Lamb78 City Attorney79 484 First Amendment to Motorola Piggyback Agreement Page 1 of 4 AMENDMENT NO. 1 TO PIGGYBACK AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND MOTOROLA SOLUTIONS, INC. This FirstAmendment (“Amendment”) is entered into by and between the City of Boynton Beach, a Florida municipal corporation (“City”), and Motorola Solutions, Inc. (“Vendor”) (collectively referred to as the “Parties”). RECITALS A.On August 20, 2024, the Parties entered into a Piggyback Agreement (the “Agreement”) for the procurement of Public Safety Communication Products, Services, and Solutions. B.The Agreement authorized the purchase of radios and consoles for the City’s Police Department. C.The Agreement authorizes the City to order additional products and services pursuant to the Master Agreement upon a duly executed amendment to the Agreement. D.The Parties desire to amend the Agreement to provide for the purchase of additional Motorola Apex radios for the City’s Fire Department and to establish the payment terms for this additional purchase. Now, therefore, in consideration of the mutual terms and conditions, promises, covenants, and payments hereinafter set forth, City and Vendor agree as follows: 1.The above Recitals are true and correct and are incorporated herein by reference. All capitalized terms not expressly defined within this Amendment shall retain the meaning ascribed to such terms in the Agreement. 2.Except as modified herein, all remaining terms and conditions of the Agreement shall remain in full force and effect. 3.The Agreement is hereby amended as follows: a. Additional Purchase for Fire Department. The City agrees to purchase, and the Vendor agrees to provide the Apex Radios described in Quote Nos. 2504538 485 First Amendment to Motorola Piggyback Agreement Page 2 of 4 and 2712231 (the “Radios”), attached hereto and incorporated herein by reference. The purchase price for these radios is not to exceed $1,300,700.05. b. Payment Terms. The Radios shall be invoiced, and payment shall be made per Section 6 of the Master Agreement. 4.In the event of any conflict or ambiguity between this Amendment and the Agreement, the Parties agree that this Amendment shall control. The Agreement, as amended herein by this Amendment, incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein, and the Parties agree that there are no commitments, agreements, or understandings concerning the subject matter hereof that are not contained in the Agreement as amended in this Amendment. Accordingly, the Parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. 5.Vendor acknowledges that through the date this Amendment is executed by Vendor, Vendor has no claims or disputes against City with respect to any of the matters covered by the Agreement. 6.The effective date of this Amendment shall be the date of complete execution by the Parties. 7.This Amendment may be executed in multiple originals, and may be executed in counterparts, whether signed physically or electronically, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. (The remainder of this page is blank.) 486 First Amendment to Motorola Piggyback Agreement Page 3 of 4 CITY CITY OF BOYNTON BEACH By____________________________ Ty Penserga, Mayor ____ day of ______________, 2024 Attest:_________________________ City Clerk CITY ATTORNEY’S OFFICE Approved as to form and legality By:____________________________ VENDOR MOTOROLA SOLUTIONS, INC. By_______________________ Authorized Signer _______________________ Print Name and Title _____ day of ______________, 2024 SRW 10.28.24 Motorola First Amendment (FD Purchase) 487 First Amendment to Motorola Piggyback Agreement Page 4 of 4 EXHIBIT A QUOTE 2504538 AND 2712231 488 QUOTE-2712232 BOYNTON BEACH, CITY OF BBFD - MOBILE RADIOS 10/16/2024 The design, technical, pricing, and other information (“Information”) furnished with this submission is confldential proprietary information of Motorola Solutions, Inc. or the Motorola Solutions entityproviding this quote (“Motorola”) and is submitted with the restriction that it is to be used for evaluation purposes only. To the fullest extent allowed by applicable law, the Information is not to bedisclosed publicly or in any manner to anyone other than those required to evaluate the Information without the express written permission of Motorola.MOTOROLA, MOTO, MOTOROLA SOLUTIONS, and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks arethe property of their respective owners. © 2020 Motorola Solutions, Inc. All rights reserved. 489 10/16/2024 BOYNTON BEACH, CITY OF 2080 High Ridge Rd. Boynton Beach, FL 33426 RE: Motorola Quote for BBFD - MOBILE RADIOS Dear Daniel Zeltmann, Motorola Solutions is pleased to present BOYNTON BEACH, CITY OF with this quote for quality communications equipment and services. The development of this quote provided us the opportunity to evaluate your requirements and propose a solution to best fulflll your communications needs. This information is provided to assist you in your evaluation process. Our goal is to provide BOYNTON BEACH, CITY OF with the best products and services available in the communications industry. Please direct any questions to George Nassif at George.Nassif@motorolasolutions.com. We thank you for the opportunity to provide you with premier communications and look forward to your review and feedback regarding this quote. Sincerely, George Nassif QUOTE-2712232 490 Billing Address: BOYNTON BEACH, CITY OF 2080 High Ridge Rd. Boynton Beach, FL 33426 US Quote Date:10/16/2024 Expiration Date:11/29/2024 Quote Created By: George Nassif George.Nassif@ motorolasolutions.com End Customer: BOYNTON BEACH, CITY OF Daniel Zeltmann ZeltmannD@bbfi.us 5617239479 Contract: 19860 - NASPO 00318 Line # Item Number Description Qty List Price Disc % Disc $ Sale Price Ext. Sale Price APX™ 6500 / Enh Series ENHANCEDAPX6500 1 M25URS9PW1BN APX6500 ENHANCED 7/800 MHZ MOBILE 34 $3,383.12 27.0% $913.44 $2,469.68 $83,969.12 1a QA01648AA ADD: HW KEY SUPPLEMENTAL DATA 34 $6.00 27.0% $1.62 $4.38 $148.92 1b G851AG ADD: AES/DES-XL/DES- OFB ENCRYP APX AND ADP 34 $879.00 27.0% $237.33 $641.67 $21,816.78 1c GA00235AA ADD: NO GPS ANTENNA NEEDED APX 34 $0.00 0.0% $0.00 $0.00 $0.00 1d GA00580AA ADD: TDMA OPERATION 34 $495.00 27.0% $133.65 $361.35 $12,285.90 1e GA01576AB ADD: SMA TO QMA ADAPTER 34 $22.00 27.0% $5.94 $16.06 $546.04 1f G67DP ADD: REMOTE NO CONTROL HEAD APXM 34 $327.00 27.0% $88.29 $238.71 $8,116.14 1g G51AU ENH: SMARTZONE OPERATION APX6500 34 $1,320.00 27.0% $356.40 $963.60 $32,762.40 1h G142AD ADD: NO SPEAKER APX 34 $0.00 0.0% $0.00 $0.00 $0.00 1i GA05100AA ADD: STD WARRANTY - NO ESSENTIAL 34 $0.00 0.0% $0.00 $0.00 $0.00 1j G444AH ADD: APX CONTROL HEAD SOFTWARE 34 $0.00 0.0% $0.00 $0.00 $0.00 QUOTE-2712232BBFD - MOBILE RADIOS Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800 Page 3 491 Line # Item Number Description Qty List Price Disc % Disc $ Sale Price Ext. Sale Price 1k G88AM ADD: APX MOBILE NO CONTROL HEAD 34 $0.00 0.0% $0.00 $0.00 $0.00 1l G806BL ENH: ASTRO DIGITAL CAI OP APX 34 $567.00 27.0% $153.09 $413.91 $14,072.94 1m W22BA ADD: STD PALM MICROPHONE APX 34 $79.00 27.0% $21.33 $57.67 $1,960.78 1n QA09113AB ADD: BASELINE RELEASE SW 34 $0.00 0.0% $0.00 $0.00 $0.00 1o W969BG ENH: MULTIKEY OPERATION 34 $363.00 27.0% $98.01 $264.99 $9,009.66 1p G174AD ADD: ANT 3DB LOW- PROFILE 762-870 34 $47.00 27.0% $12.69 $34.31 $1,166.54 1q G361AH ENH: P25 TRUNKING SOFTWARE APX 34 $330.00 27.0% $89.10 $240.90 $8,190.60 1r GA09000AA ADD: DIGITAL TONE SIGNALING 34 $165.00 27.0% $44.55 $120.45 $4,095.30 2 HMN1090D ACCESSORY KIT,MODIFIED STANDARD MOBILE MIC,GREY 35 $81.00 27.0% $21.87 $59.13 $2,069.55 3 Trade-In Expiration Date: 11/29/2024 1 -$6,000.00 0.0% $0.00 -$6,000.00 -$6,000.00 APX™ 6500 / Enh Series ENHANCEDAPX6500 4 M25URS9PW1BN APX6500 ENHANCED 7/800 MHZ MOBILE (BOAT RADIO) 1 $3,383.12 27.0% $913.44 $2,469.68 $2,469.68 4a QA01648AA ADD: HW KEY SUPPLEMENTAL DATA 1 $6.00 27.0% $1.62 $4.38 $4.38 4b G851AG ADD: AES/DES-XL/DES- OFB ENCRYP APX AND ADP 1 $879.00 27.0% $237.33 $641.67 $641.67 4c G832AD ADD: SPKR 7.5W WTR RST APEX 1 $67.00 27.0% $18.09 $48.91 $48.91 4d GA00250AA ADD: GNSS/BT-WIFI THRU MNT ANT, 17FT LOW LOSS PFP-100A/ 240, QMA 1 $110.00 27.0% $29.70 $80.30 $80.30 4e GA00580AA ADD: TDMA OPERATION 1 $495.00 27.0% $133.65 $361.35 $361.35 4f GA01576AB ADD: SMA TO QMA ADAPTER 1 $22.00 27.0% $5.94 $16.06 $16.06 QUOTE-2712232BBFD - MOBILE RADIOS Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800 Page 4 492 Line # Item Number Description Qty List Price Disc % Disc $ Sale Price Ext. Sale Price 4g G51AU ENH: SMARTZONE OPERATION APX6500 1 $1,320.00 27.0% $356.40 $963.60 $963.60 4h G67DT ADD: REMOTE MOUNT E5 APXM 1 $327.00 27.0% $88.29 $238.71 $238.71 4i G892AB ENH:HAND MIC,GCAI WTR RESISTANT APX 1 $79.00 27.0% $21.33 $57.67 $57.67 4j GA05100AA ADD: STD WARRANTY - NO ESSENTIAL 1 $0.00 0.0% $0.00 $0.00 $0.00 4k GA09001AA ADD: WI-FI CAPABILITY 1 $330.00 27.0% $89.10 $240.90 $240.90 4l G298AS ENH: ASTRO 25 OTAR W/ MULTIKEY 1 $814.00 27.0% $219.78 $594.22 $594.22 4m G444AH ADD: APX CONTROL HEAD SOFTWARE 1 $0.00 0.0% $0.00 $0.00 $0.00 4n G806BL ENH: ASTRO DIGITAL CAI OP APX 1 $567.00 27.0% $153.09 $413.91 $413.91 4o GA01767AG ADD: RADIO AUTHENTICATION 1 $110.00 27.0% $29.70 $80.30 $80.30 4p GA01670AA ADD: APX E5 CONTROL HEAD 1 $717.00 27.0% $193.59 $523.41 $523.41 4q QA09113AB ADD: BASELINE RELEASE SW 1 $0.00 0.0% $0.00 $0.00 $0.00 4r W688AR ADD: EXT EMERG PUSHBUTTON APX 1 $62.00 27.0% $16.74 $45.26 $45.26 4s G361AH ENH: P25 TRUNKING SOFTWARE APX 1 $330.00 27.0% $89.10 $240.90 $240.90 4t G175AD ADD: ANT 3DB ELEVATED FEED 762-870 1 $83.00 27.0% $22.41 $60.59 $60.59 APX™ 4500 Enhanced 5 M22URS9PW1BN APX4500 ENHANCED 7/800 MHZ MOBILE 6 $2,117.44 27.0% $571.71 $1,545.73 $9,274.38 5a QA01648AA ADD: HW KEY SUPPLEMENTAL DATA* 6 $6.00 27.0% $1.62 $4.38 $26.28 5b G851AG ADD: AES/DES-XL/DES- OFB ENCRYP APX AND ADP 6 $879.00 27.0% $237.33 $641.67 $3,850.02 5c G66BF ADD: DASH MOUNT O2 APXM 6 $138.00 27.0% $37.26 $100.74 $604.44 5d GA00580AA ADD: TDMA OPERATION 6 $495.00 27.0% $133.65 $361.35 $2,168.10 QUOTE-2712232BBFD - MOBILE RADIOS Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800 Page 5 493 Line # Item Number Description Qty List Price Disc % Disc $Sale Price Ext. Sale Price 5e G201AA ADD: GREEN COLORED HOUSING (O2 CH) 6 $28.00 27.0%$7.56 $20.44 $122.64 5f QA02812AE ADD: P25 9600 TRUNKING W/ INTEROPERABILITY 6 $2,277.00 27.0%$614.79 $1,662.21 $9,973.26 5g G142AD ADD: NO SPEAKER APX 6 $0.00 0.0%$0.00 $0.00 $0.00 5h GA09000AA ADD: DIGITAL TONE SIGNALING 6 $165.00 27.0%$44.55 $120.45 $722.70 5i GA01606AA ADD: NO BLUETOOTH/ WIFI/GPS ANTENNA NEEDED 6 $0.00 0.0%$0.00 $0.00 $0.00 5j GA05100AA ADD: STD WARRANTY - NO ESSENTIAL 6 $0.00 0.0%$0.00 $0.00 $0.00 5k GA00804AB ADD: APX O2 CH (IMPACT GREEN) 6 $541.00 27.0%$146.07 $394.93 $2,369.58 5l G89AC ADD: NO RF ANTENNA NEEDED 6 $0.00 0.0%$0.00 $0.00 $0.00 5m G444AH ADD: APX CONTROL HEAD SOFTWARE 6 $0.00 0.0%$0.00 $0.00 $0.00 5n QA09113AB ADD: BASELINE RELEASE SW 6 $0.00 0.0%$0.00 $0.00 $0.00 5o W969BG ENH: MULTIKEY OPERATION 6 $363.00 27.0%$98.01 $264.99 $1,589.94 5p G90AC ADD: NO MICROPHONE NEEDED APX 6 $0.00 0.0%$0.00 $0.00 $0.00 Grand Total $231,993.83(USD) Notes: ●This quote is subject to the terms and conditions of the NASPO ValuePoint Cooperative Purchasing Master Agreement, Contract No. 00318 as modified by the Participating Addendum for the State of Florida. Boynton Beach FD may accept this quote by issuing a purchase order specifically referencing “Motorola’s Quote and the terms and conditions of the NASPO Contract #00318 as modified by the Participating Addendum for the State of Florida. BBFD - MQUOOBTILEE-2 R7A1D22IO32S " QUOTE-2712232BBFD - MOBILE RADIOS Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800 Page 6 494 QUOTE-2504538 Boynton Beach FD BBFD - APX FLEET REPLACEMENT 10/16/2024 The design, technical, pricing, and other information (“Information”) furnished with this submission is confidential proprietary information of Motorola Solutions, Inc. or the Motorola Solutions entityproviding this quote (“Motorola”) and is submitted with the restriction that it is to be used for evaluation purposes only. To the fullest extent allowed by applicable law, the Information is not to bedisclosed publicly or in any manner to anyone other than those required to evaluate the Information without the express written permission of Motorola.MOTOROLA, MOTO, MOTOROLA SOLUTIONS, and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks arethe property of their respective owners. © 2020 Motorola Solutions, Inc. All rights reserved.495 10/16/2024 Boynton Beach FD 2080 High Ridge Rd. Boynton Beach, FL 33426 RE: Motorola Quote for BBFD - APX FLEET REPLACEMENT Dear Daniel Zeltmann, Motorola Solutions is pleased to present Boynton Beach FD with this quote for quality communications equipment and services. The development of this quote provided us the opportunity to evaluate your requirements and propose a solution to best fulfill your communications needs. This information is provided to assist you in your evaluation process. Our goal is to provide Boynton Beach FD with the best products and services available in the communications industry. Please direct any questions to George Nassif at George.Nassif@motorolasolutions.com. We thank you for the opportunity to provide you with premier communications and look forward to your review and feedback regarding this quote. Sincerely, George Nassif QUOTE-2504538 496 Billing Address: BOYNTON BEACH, CITY OF 2080 High Ridge Rd. Boynton Beach, FL 33426 US Quote Date:10/16/2024 Expiration Date:11/29/2024 Quote Created By: George Nassif George.Nassif@ motorolasolutions.com End Customer: Boynton Beach FD Daniel Zeltmann ZeltmannD@bbff.us (561) 723-9479 Contract: 19860 - NASPO 00318 Summary: This quote is subject to the terms and conditions of the NASPO ValuePoint Cooperative Purchasing Master Agreement, Contract No. 00318 as modified by the Participating Addendum for the State of Florida. Boynton Beach FD may accept this quote by issuing a purchase order specifically referencing “Motorola’s Quote and the terms and conditions of the NASPO Contract #00318 as modified by the Participating Addendum for the State of Florida. Line # Item Number Description Qty Term List Price Disc % Disc $Sale Price Ext. Sale Price APX™ NEXT (OPERATIONS) 1 H45TGT9PW8AN APX NEXT SINGLE BAND MODEL 4.5 PORTABLE* 64 $6,641.00 27.0%$1,793.07 $4,847.93 $310,267.52 1a QA00569AP ADD: 7/800MHZ BAND 64 $0.00 0.0% $0.00 $0.00 $0.00 1b QA07468AB ADD: EXTEND RANGE TO 762-764 MHZ 64 $0.00 0.0% $0.00 $0.00 $0.00 1c QA01427AK ALT: APX NEXT XE HOUSING GREEN 64 $28.00 27.0% $7.56 $20.44 $1,308.16 1d QA02006AE ADD: APX NEXT XE M4.5 RUGGED RADIO 64 $770.00 27.0%$207.90 $562.10 $35,974.40 1e BD00001AA ADD: CORE BUNDLE 64 $3,106.00 27.0%$838.62 $2,267.38 $145,112.32 1f H499KC ENH: SUBMERSIBLE (DELTA T) 64 Included Includ ed Included Included Included 1g H38DA ADD: SMARTZONE OPERATION 64 Included Includ ed Included Included Included 1h Q806CH ADD: ASTRO DIGITAL CAI OPERATION 64 Included Includ ed Included Included Included 1i Q361CD ADD: P25 9600 BAUD TRUNKING 64 Included Includ ed Included Included Included QUOTE-2504538BBFD - APX FLEET REPLACEMENT Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800 Page 3 497 Line # Item Number Description Qty Term List Price Disc % Disc $Sale Price Ext. Sale Price 1j QA09028AA ADD: VIQI VC RADIO OPERATION 64 Included Includ ed Included Included Included 1k QA03399AK ADD: ENHANCED DATA 64 Included Includ ed Included Included Included 1l Q387CB ADD: MULTICAST VOTING SCAN 64 Included Includ ed Included Included Included 1m QA00580BA ADD: TDMA OPERATION 64 Included Includ ed Included Included Included 1n QA09001AM ADD: WIFI CAPABILITY 64 Included Includ ed Included Included Included 1o QA09113AA ADD: BASELINE RELEASE SW 64 $0.00 0.0%$0.00 $0.00 $0.00 1p QA01648AA ADD: HW KEY SUPPLEMENTAL DATA* 64 $6.00 27.0% $1.62 $4.38 $280.32 1q Q698AF ALT: PLASTIC CARRY HOLSTER WITH 3 INCH CLIP 64 $0.00 0.0%$0.00 $0.00 $0.00 1r QA09030AA ADD: MOTOROLA HOSTED RADIOCENTRAL W CPS* 64 $0.00 0.0%$0.00 $0.00 $0.00 1s QA09017AA ADD: LTE WITH ACTIVE SERVICE AT&T US* 64 $0.00 0.0%$0.00 $0.00 $0.00 1t QA05100AA EHN: STD 1 YR WARRANTY APPLIES 64 $0.00 0.0%$0.00 $0.00 $0.00 1u QA01767BL ADD: P25 LINK LAYER AUTHENTICATION 64 Included Includ ed Included Included Included 1v Q498BN ENH: ASTRO 25 OTAR W/ MULTIKEY 64 Included Includ ed Included Included Included 1w H797DW ENH: DVP-XL ENCRYPTION AND ADP 64 Included Includ ed Included Included Included 1x Q15AU ADD: AES/DES-XL/ DES-OFB ENCRYPTION AND ADP 64 Included Includ ed Included Included Included 1y QA07710AA ALT: STUBBY 7-800MHZ 6CM ANTENNA 64 $0.00 0.0% $0.00 $0.00 $0.00 QUOTE-2504538BBFD - APX FLEET REPLACEMENT Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800 Page 4 498 Line # Item Number Description Qty Term List Price Disc % Disc $Sale Price Ext. Sale Price 1z QA07680AA ADD: MULTI SYSTEM OTAR 64 Included Includ ed Included Included Included 1aa BD00010AB ADD: SECURITY BUNDLE 64 $1,147.00 27.0%$309.69 $837.31 $53,587.84 2 SSV01S01407A SMARTPROGRAMMIN G 64 5 YEARS $720.00 47.9%$345.00 $375.00 $24,000.00 3 SSV01S01406A SMARTCONNECT 64 5 YEARS $720.00 47.9%$345.00 $375.00 $24,000.00 4 SSV01S01476A SMARTLOCATE 64 5 YEARS $720.00 47.9%$345.00 $375.00 $24,000.00 5 SSV01S01907A SMARTMAPPING 64 5 YEARS $720.00 47.9%$345.00 $375.00 $24,000.00 6 LSV01S03082A RADIOCENTRAL PROGRAMMING 64 5 YEARS $219.45 27.0%$59.25 $160.20 $10,252.80 7 NNTN9199A IMPRES 2 SUC, 3.0A, 120VAC, TYPE A PLUG, NA 15 $169.56 27.0%$45.78 $123.78 $1,856.70 8 NNTN9115A CHARGER, MULTI- UNIT, IMPRES G2, 6- DISP, US/NA/CA/LA PLUG, ACC-CHARGER 10 $1,420.20 27.0%$383.45 $1,036.75 $10,367.50 9 PMMN4154A XVE500 DIV 1 REMOTE SPEAKER MIC, HIGH IMPACT GREEN WITH KNOB, UL 91 $748.00 27.0% $201.96 $546.04 $49,689.64 Miscellaneous Items 10 NNTN9216A BATTERY PACK,IMPRES GEN2, LIION,IP68, 4400T 80 $248.05 27.0% $66.97 $181.08 $14,486.40 APX™ NEXT (OPERATIONS) 11 H45TGT9PW8AN APX NEXT SINGLE BAND MODEL 4.5 PORTABLE* 3 $6,641.00 27.0%$1,793.07 $4,847.93 $14,543.79 11a QA00569AP ADD: 7/800MHZ BAND 3 $0.00 0.0% $0.00 $0.00 $0.00 11b QA07468AB ADD: EXTEND RANGE TO 762-764 MHZ 3 $0.00 0.0% $0.00 $0.00 $0.00 11c BD00001AA ADD: CORE BUNDLE 3 $3,106.00 27.0%$838.62 $2,267.38 $6,802.14 11d H499KC ENH: SUBMERSIBLE (DELTA T) 3 Included Includ ed Included Included Included 11e H38DA ADD: SMARTZONE OPERATION 3 Included Includ ed Included Included Included QUOTE-2504538BBFD - APX FLEET REPLACEMENT Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800 Page 5 499 Line # Item Number Description Qty Term List Price Disc % Disc $Sale Price Ext. Sale Price 11f Q806CH ADD: ASTRO DIGITAL CAI OPERATION 3 Included Includ ed Included Included Included 11g Q361CD ADD: P25 9600 BAUD TRUNKING 3 Included Includ ed Included Included Included 11h QA09028AA ADD: VIQI VC RADIO OPERATION 3 Included Includ ed Included Included Included 11i QA03399AK ADD: ENHANCED DATA 3 Included Includ ed Included Included Included 11j Q387CB ADD: MULTICAST VOTING SCAN 3 Included Includ ed Included Included Included 11k QA00580BA ADD: TDMA OPERATION 3 Included Includ ed Included Included Included 11l QA09001AM ADD: WIFI CAPABILITY 3 Included Includ ed Included Included Included 11m QA09113AA ADD: BASELINE RELEASE SW 3 $0.00 0.0%$0.00 $0.00 $0.00 11n QA01648AA ADD: HW KEY SUPPLEMENTAL DATA* 3 $6.00 27.0% $1.62 $4.38 $13.14 11o QA07710AA ALT: STUBBY 7-800MHZ 6CM ANTENNA 3 $0.00 0.0%$0.00 $0.00 $0.00 11p Q698AE ALT: PLASTIC CARRY HOLSTER WITH 3 INCH CLIP 3 $0.00 0.0%$0.00 $0.00 $0.00 11q QA09030AA ADD: MOTOROLA HOSTED RADIOCENTRAL W CPS* 3 $0.00 0.0%$0.00 $0.00 $0.00 11r QA05100AA EHN: STD 1 YR WARRANTY APPLIES 3 $0.00 0.0%$0.00 $0.00 $0.00 11s QA09017AA ADD: LTE WITH ACTIVE SERVICE AT&T US* 3 $0.00 0.0%$0.00 $0.00 $0.00 11t QA01767BL ADD: P25 LINK LAYER AUTHENTICATION 3 Included Includ ed Included Included Included 11u Q498BN ENH: ASTRO 25 OTAR W/ MULTIKEY 3 Included Includ ed Included Included Included 11v H797DW ENH: DVP-XL ENCRYPTION AND ADP 3 Included Includ ed Included Included Included QUOTE-2504538BBFD - APX FLEET REPLACEMENT Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800 Page 6 500 Line # Item Number Description Qty Term List Price Disc % Disc $Sale Price Ext. Sale Price 11w Q15AU ADD: AES/DES-XL/ DES-OFB ENCRYPTION AND ADP 3 Included Includ ed Included Included Included 11x QA07680AA ADD: MULTI SYSTEM OTAR 3 Included Includ ed Included Included Included 11y BD00010AB ADD: SECURITY BUNDLE 3 $1,147.00 27.0%$309.69 $837.31 $2,511.93 12 SSV01S01407A SMARTPROGRAMMIN G 3 5 YEARS $720.00 47.9%$345.00 $375.00 $1,125.00 13 SSV01S01406A SMARTCONNECT 3 5 YEARS $720.00 47.9%$345.00 $375.00 $1,125.00 14 SSV01S01476A SMARTLOCATE 3 5 YEARS $720.00 47.9%$345.00 $375.00 $1,125.00 15 SSV01S01907A SMARTMAPPING 3 5 YEARS $720.00 47.9%$345.00 $375.00 $1,125.00 16 LSV01S03082A RADIOCENTRAL PROGRAMMING 3 5 YEARS $219.45 27.0%$59.25 $160.20 $480.60 APX™ NEXT APX NEXT SINGLE BAND 17 H45TGT9PW8AN APX NEXT SINGLE BAND MODEL 4.5 PORTABLE* 12 $6,641.00 27.0%$1,793.07 $4,847.93 $58,175.16 17a QA00569AP ADD: 7/800MHZ BAND 12 $0.00 0.0% $0.00 $0.00 $0.00 17b QA07468AB ADD: EXTEND RANGE TO 762-764 MHZ 12 $0.00 0.0% $0.00 $0.00 $0.00 17c BD00001AA ADD: CORE BUNDLE 12 $3,106.00 27.0%$838.62 $2,267.38 $27,208.56 17d H499KC ENH: SUBMERSIBLE (DELTA T) 12 Included Includ ed Included Included Included 17e H38DA ADD: SMARTZONE OPERATION 12 Included Includ ed Included Included Included 17f Q806CH ADD: ASTRO DIGITAL CAI OPERATION 12 Included Includ ed Included Included Included 17g Q361CD ADD: P25 9600 BAUD TRUNKING 12 Included Includ ed Included Included Included 17h QA09028AA ADD: VIQI VC RADIO OPERATION 12 Included Includ ed Included Included Included 17i QA03399AK ADD: ENHANCED DATA 12 Included Includ ed Included Included Included 17j Q387CB ADD: MULTICAST VOTING SCAN 12 Included Includ ed Included Included Included 17k QA00580BA ADD: TDMA OPERATION 12 Included Includ ed Included Included Included QUOTE-2504538BBFD - APX FLEET REPLACEMENT Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800 Page 7 501 Line # Item Number Description Qty Term List Price Disc % Disc $Sale Price Ext. Sale Price 17l QA09001AM ADD: WIFI CAPABILITY 12 Included Includ ed Included Included Included 17m QA09113AA ADD: BASELINE RELEASE SW 12 $0.00 0.0%$0.00 $0.00 $0.00 17n QA01648AA ADD: HW KEY SUPPLEMENTAL DATA* 12 $6.00 27.0% $1.62 $4.38 $52.56 17o Q698AE ALT: PLASTIC CARRY HOLSTER WITH 3 INCH CLIP 12 $0.00 0.0%$0.00 $0.00 $0.00 17p QA09030AA ADD: MOTOROLA HOSTED RADIOCENTRAL W CPS* 12 $0.00 0.0%$0.00 $0.00 $0.00 17q QA05100AA EHN: STD 1 YR WARRANTY APPLIES 12 $0.00 0.0%$0.00 $0.00 $0.00 17r QA09017AA ADD: LTE WITH ACTIVE SERVICE AT&T US 12 $0.00 0.0%$0.00 $0.00 $0.00 17s QA01767BL ADD: P25 LINK LAYER AUTHENTICATION 12 Included Includ ed Included Included Included 17t Q498BN ENH: ASTRO 25 OTAR W/ MULTIKEY 12 Included Includ ed Included Included Included 17u H797DW ENH: DVP-XL ENCRYPTION AND ADP 12 Included Includ ed Included Included Included 17v Q15AU ADD: AES/DES-XL/ DES-OFB ENCRYPTION AND ADP 12 Included Includ ed Included Included Included 17w QA07680AA ADD: MULTI SYSTEM OTAR 12 Included Includ ed Included Included Included 17x BD00010AB ADD: SECURITY BUNDLE 12 $1,147.00 27.0%$309.69 $837.31 $10,047.72 18 SSV01S01407A SMARTPROGRAMMIN G 12 5 YEARS $720.00 47.9%$345.00 $375.00 $4,500.00 19 SSV01S01406A SMARTCONNECT 12 5 YEARS $720.00 47.9%$345.00 $375.00 $4,500.00 20 SSV01S01476A SMARTLOCATE 12 5 YEARS $720.00 47.9%$345.00 $375.00 $4,500.00 21 SSV01S01907A SMARTMAPPING 12 5 YEARS $720.00 47.9%$345.00 $375.00 $4,500.00 22 LSV01S03082A RADIOCENTRAL PROGRAMMING 12 5 YEARS $219.45 27.0%$59.25 $160.20 $1,922.40 QUOTE-2504538BBFD - APX FLEET REPLACEMENT Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800 Page 8 502 Line # Item Number Description Qty Term List Price Disc % Disc $Sale Price Ext. Sale Price 23 NNTN9199A IMPRES 2 SUC, 3.0A, 120VAC, TYPE A PLUG, NA 24 $169.56 27.0%$45.78 $123.78 $2,970.72 Miscellaneous Items 24 NNTN9216A BATTERY PACK,IMPRES GEN2, LIION,IP68, 4400T 15 $248.05 27.0%$66.97 $181.08 $2,716.20 25 AN000296A01 ANTENNA, STUBBY,STUBBY 65MM (760-870 MHZ) 12 $32.40 27.01 % $8.75 $23.65 $283.80 APX™ NEXT APX NEXT SINGLE BAND 26 H45TGT9PW8AN APX NEXT SINGLE BAND MODEL 4.5 PORTABLE* 4 $6,641.00 27.0%$1,793.07 $4,847.93 $19,391.72 26a QA00569AP ADD: 7/800MHZ BAND 4 $0.00 0.0% $0.00 $0.00 $0.00 26b QA07468AB ADD: EXTEND RANGE TO 762-764 MHZ 4 $0.00 0.0% $0.00 $0.00 $0.00 26c BD00001AA ADD: CORE BUNDLE 4 $3,106.00 27.0%$838.62 $2,267.38 $9,069.52 26d H499KC ENH: SUBMERSIBLE (DELTA T) 4 Included Includ ed Included Included Included 26e H38DA ADD: SMARTZONE OPERATION 4 Included Includ ed Included Included Included 26f Q806CH ADD: ASTRO DIGITAL CAI OPERATION 4 Included Includ ed Included Included Included 26g Q361CD ADD: P25 9600 BAUD TRUNKING 4 Included Includ ed Included Included Included 26h QA09028AA ADD: VIQI VC RADIO OPERATION 4 Included Includ ed Included Included Included 26i QA03399AK ADD: ENHANCED DATA 4 Included Includ ed Included Included Included 26j Q387CB ADD: MULTICAST VOTING SCAN 4 Included Includ ed Included Included Included 26k QA00580BA ADD: TDMA OPERATION 4 Included Includ ed Included Included Included 26l QA09001AM ADD: WIFI CAPABILITY 4 Included Includ ed Included Included Included 26m QA09113AA ADD: BASELINE RELEASE SW 4 $0.00 0.0% $0.00 $0.00 $0.00 QUOTE-2504538BBFD - APX FLEET REPLACEMENT Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800 Page 9 503 Line # Item Number Description Qty Term List Price Disc % Disc $Sale Price Ext. Sale Price 26n QA01648AA ADD: HW KEY SUPPLEMENTAL DATA* 4 $6.00 27.0% $1.62 $4.38 $17.52 26o Q698AE ALT: PLASTIC CARRY HOLSTER WITH 3 INCH CLIP 4 $0.00 0.0%$0.00 $0.00 $0.00 26p QA09030AA ADD: MOTOROLA HOSTED RADIOCENTRAL W CPS* 4 $0.00 0.0%$0.00 $0.00 $0.00 26q QA05100AA EHN: STD 1 YR WARRANTY APPLIES 4 $0.00 0.0%$0.00 $0.00 $0.00 26r QA09017AA ADD: LTE WITH ACTIVE SERVICE AT&T US* 4 $0.00 0.0%$0.00 $0.00 $0.00 26s QA01767BL ADD: P25 LINK LAYER AUTHENTICATION 4 Included Includ ed Included Included Included 26t Q498BN ENH: ASTRO 25 OTAR W/ MULTIKEY 4 Included Includ ed Included Included Included 26u H797DW ENH: DVP-XL ENCRYPTION AND ADP 4 Included Includ ed Included Included Included 26v Q15AU ADD: AES/DES-XL/ DES-OFB ENCRYPTION AND ADP 4 Included Includ ed Included Included Included 26w QA07680AA ADD: MULTI SYSTEM OTAR 4 Included Includ ed Included Included Included 26x BD00010AB ADD: SECURITY BUNDLE 4 $1,147.00 27.0%$309.69 $837.31 $3,349.24 27 SSV01S01407A SMARTPROGRAMMIN G 4 5 YEARS $720.00 47.9%$345.00 $375.00 $1,500.00 28 SSV01S01406A SMARTCONNECT 4 5 YEARS $720.00 47.9%$345.00 $375.00 $1,500.00 29 SSV01S01476A SMARTLOCATE 4 5 YEARS $720.00 47.9%$345.00 $375.00 $1,500.00 30 SSV01S01907A SMARTMAPPING 4 5 YEARS $720.00 47.9%$345.00 $375.00 $1,500.00 31 LSV01S03082A RADIOCENTRAL PROGRAMMING 4 5 YEARS $219.45 27.0%$59.25 $160.20 $640.80 32 30009402007 CABLE, ASSEMBLY,CABLE,RSM REPLACEMENT CABLE 7 INCH COIL 20 $189.00 27.0%$51.03 $137.97 $2,759.40 QUOTE-2504538BBFD - APX FLEET REPLACEMENT Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800 Page 10 504 Line # Item Number Description Qty Term List Price Disc % Disc $Sale Price Ext. Sale Price Miscellaneous Items 33 NNTN9216A BATTERY PACK,IMPRES GEN2, LIION,IP68, 4400T 6 $248.05 27.0%$66.97 $181.08 $1,086.48 34 NNTN9199A IMPRES 2 SUC, 3.0A, 120VAC, TYPE A PLUG, NA 4 $169.56 27.0%$45.78 $123.78 $495.12 35 AN000296A01 ANTENNA, STUBBY,STUBBY 65MM (760-870 MHZ) 10 $32.40 27.01 % $8.75 $23.65 $236.50 APX™ N50 (OCEAN RESCUE) 36 H25UCF9PW6AN APX N50 7/800 MODEL 2 PORTABLE 10 $3,267.00 27.0%$882.09 $2,384.91 $23,849.10 36a QA08681AA ALT: 7800 STUBBY 762-870MHZ 10 $28.60 26.99 % $7.72 $20.88 $208.80 36b QA08684AA ALT:2.5" BELT CLIP 10 $12.87 26.96 % $3.47 $9.40 $94.00 36c Q387CB ADD: MULTICAST VOTING SCAN 10 $0.00 0.0%$0.00 $0.00 $0.00 36d QA00982AH ADD: SITE SELECTABLE ALERT FOR P25 TRUNKING 10 $0.00 0.0%$0.00 $0.00 $0.00 36e QA03399AK ADD: ENHANCED DATA 10 $0.00 0.0%$0.00 $0.00 $0.00 36f QA08853AA ADD: CPS ENABLEMENT* 10 $0.00 0.0%$0.00 $0.00 $0.00 36g QA01648AA ADD: HW KEY SUPPLEMENTAL DATA* 10 $6.00 27.0% $1.62 $4.38 $43.80 36h QA08715AA ADD:BASIC VOICE CONTROL 10 $0.00 0.0%$0.00 $0.00 $0.00 36i QA00580BA ADD: TDMA OPERATION 10 $0.00 0.0%$0.00 $0.00 $0.00 36j G996AU ADD: PROGRAMMING OVER P25 (OTAP) 10 $0.00 0.0%$0.00 $0.00 $0.00 36k QA09001AM ADD: WIFI CAPABILITY 10 $0.00 0.0%$0.00 $0.00 $0.00 36l QA09007AD ADD: OUT OF THE BOX WIFI PROVISIONING 10 $0.00 0.0%$0.00 $0.00 $0.00 QUOTE-2504538BBFD - APX FLEET REPLACEMENT Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800 Page 11 505 Line # Item Number Description Qty Term List Price Disc % Disc $Sale Price Ext. Sale Price 36m BD00032AA ADD: ESSENTIAL CORE BUNDLE 10 $2,244.00 27.0%$605.88 $1,638.12 $16,381.20 36n QA09113AA ADD: BASELINE RELEASE SW 10 $0.00 0.0%$0.00 $0.00 $0.00 36o QA02756AB ENH: 3600 OR 9600 TRUNKING BAUD SINGLE SYSTEM 10 $0.00 0.0%$0.00 $0.00 $0.00 36p QA01767BL ADD: P25 LINK LAYER AUTHENTICATION 10 $0.00 0.0%$0.00 $0.00 $0.00 36q Q629BD ENH: AES ENCRYPTION AND ADP 10 $0.00 0.0%$0.00 $0.00 $0.00 36r H869DB ENH: MULTIKEY 10 $0.00 0.0%$0.00 $0.00 $0.00 36s BD00033AA ADD: ESSENTIAL SECURITY BUNDLE 10 $623.00 27.0%$168.21 $454.79 $4,547.90 37 PSV01S03059A APX NEXT PROVISIONING WITH CPS* 1 $0.00 0.0%$0.00 $0.00 $0.00 38 LSV01S03085A APX N50/30 DMS ESSENTIAL W ACC DMG 10 5 YEARS $701.92 27.0%$189.52 $512.40 $5,124.00 39 PMNN4813B BATT LIION IMPRES 2 IP68 2850T 10 $178.50 27.0%$48.19 $130.31 $1,303.10 40 PMLN8334A CABLES-ADAPTER CABLES,GCAI MINI TO GCAI CABLE ADAPTER, FOR APX 1 $186.00 27.0%$50.22 $135.78 $135.78 41 PMPN4594A CHGR DESKTOP MULTI UNIT IMPRES 2 1 DISPLAY EXT PS NA/LA/CA 2 $712.86 27.0%$192.47 $520.39 $1,040.78 42 NNTN9212A INSERT APX NEXT G2I PERFORMANCE MUC 15 $54.00 27.0%$14.58 $39.42 $591.30 43 PMMN4158A WM800 WIRELESS RSM WITH BATTERY 12 $563.00 27.0%$152.01 $410.99 $4,931.88 44 Trade-In Expiration Date: 11/29/2024 1 -$30,000.00 0.0% $0.00 -$30,000.00 -$30,000.00 45 PMPN4653A CHGR DESKTOP DUAL UNIT EXT PS NA 6 $73.00 27.0%$19.71 $53.29 $319.74 QUOTE-2504538BBFD - APX FLEET REPLACEMENT Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800 Page 12 506 Line # Item Number Description Qty Term List Price Disc % Disc $Sale Price Ext. Sale Price 46 PMNN4846A BATTERY PACK,BATT LIION UL DIV2 IP68 2150T 6 $79.00 27.0% $21.33 $57.67 $346.02 47 AN000418A01 ANTENNA, STUBBY,ANTENNA, STUBBY, 762-870 MHZ , 10CM, FERRULE 16 $40.00 27.0% $10.80 $29.20 $467.20 APX™ NEXT (OPERATIONS W/ 5 YRS ACC PROTEC) 48 H45TGT9PW8AN APX NEXT SINGLE BAND MODEL 4.5 PORTABLE* 10 $6,641.00 27.0%$1,793.07 $4,847.93 $48,479.30 48a QA00569AP ADD: 7/800MHZ BAND 10 $0.00 0.0% $0.00 $0.00 $0.00 48b QA01427AK ALT: APX NEXT XE HOUSING GREEN 10 $28.00 27.0% $7.56 $20.44 $204.40 48c QA02006AE ADD: APX NEXT XE M4.5 RUGGED RADIO 10 $770.00 27.0%$207.90 $562.10 $5,621.00 48d BD00001AA ADD: CORE BUNDLE 10 $3,106.00 27.0%$838.62 $2,267.38 $22,673.80 48e H499KC ENH: SUBMERSIBLE (DELTA T) 10 Included Includ ed Included Included Included 48f H38DA ADD: SMARTZONE OPERATION 10 Included Includ ed Included Included Included 48g Q806CH ADD: ASTRO DIGITAL CAI OPERATION 10 Included Includ ed Included Included Included 48h Q361CD ADD: P25 9600 BAUD TRUNKING 10 Included Includ ed Included Included Included 48i QA09028AA ADD: VIQI VC RADIO OPERATION 10 Included Includ ed Included Included Included 48j QA03399AK ADD: ENHANCED DATA 10 Included Includ ed Included Included Included 48k Q387CB ADD: MULTICAST VOTING SCAN 10 Included Includ ed Included Included Included 48l QA00580BA ADD: TDMA OPERATION 10 Included Includ ed Included Included Included 48m QA09001AM ADD: WIFI CAPABILITY 10 Included Includ ed Included Included Included 48n QA01767BL ADD: P25 LINK LAYER AUTHENTICATION 10 Included Includ ed Included Included Included 48o Q498BN ENH: ASTRO 25 OTAR W/ MULTIKEY 10 Included Includ ed Included Included Included QUOTE-2504538BBFD - APX FLEET REPLACEMENT Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800 Page 13 507 Line # Item Number Description Qty Term List Price Disc % Disc $Sale Price Ext. Sale Price 48p H797DW ENH: DVP-XL ENCRYPTION AND ADP 10 Included Includ ed Included Included Included 48q Q15AU ADD: AES/DES-XL/ DES-OFB ENCRYPTION AND ADP 10 Included Includ ed Included Included Included 48r QA09113AA ADD: BASELINE RELEASE SW 10 $0.00 0.0% $0.00 $0.00 $0.00 48s QA01648AA ADD: HW KEY SUPPLEMENTAL DATA 10 $6.00 27.0% $1.62 $4.38 $43.80 48t QA07710AA ALT: STUBBY 7-800MHZ 6CM ANTENNA 10 $0.00 0.0%$0.00 $0.00 $0.00 48u Q698AF ALT: PLASTIC CARRY HOLSTER WITH 3 INCH CLIP 10 $0.00 0.0%$0.00 $0.00 $0.00 48v QA09030AA ADD: MOTOROLA HOSTED RADIOCENTRAL W CPS* 10 $0.00 0.0%$0.00 $0.00 $0.00 48w QA09017AA ADD: LTE WITH ACTIVE SERVICE AT&T US* 10 $0.00 0.0%$0.00 $0.00 $0.00 48x QA07680AA ADD: MULTI SYSTEM OTAR 10 Included Includ ed Included Included Included 48y BD00010AB ADD: SECURITY BUNDLE 10 $1,147.00 27.0%$309.69 $837.31 $8,373.10 49 LSV01S03447A APX NEXT DMS ESSENTIAL W ACC DMG 10 5 YEARS $1,029.86 27.0%$278.06 $751.80 $7,518.00 50 LSV01S03082A RADIOCENTRAL PROGRAMMING 10 5 YEARS $219.45 27.0%$59.25 $160.20 $1,602.00 51 SSV01S01407A SMARTPROGRAMMIN G 10 5 YEARS $720.00 47.9%$345.00 $375.00 $3,750.00 52 SSV01S01406A SMARTCONNECT 10 5 YEARS $720.00 47.9%$345.00 $375.00 $3,750.00 53 SSV01S01476A SMARTLOCATE 10 5 YEARS $720.00 47.9%$345.00 $375.00 $3,750.00 54 SSV01S01907A SMARTMAPPING 10 5 YEARS $720.00 47.9%$345.00 $375.00 $3,750.00 APX™ N50 (HUNTERS RUN) 55 H25UCF9PW6AN APX N50 7/800 MODEL 2 PORTABLE 1 $3,267.00 27.0%$882.09 $2,384.91 $2,384.91 QUOTE-2504538BBFD - APX FLEET REPLACEMENT Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800 Page 14 508 Line # Item Number Description Qty Term List Price Disc % Disc $Sale Price Ext. Sale Price 55a QA08684AA ALT:2.5" BELT CLIP 1 $12.87 26.96 % $3.47 $9.40 $9.40 55b Q387CB ADD: MULTICAST VOTING SCAN 1 $0.00 0.0%$0.00 $0.00 $0.00 55c QA00982AH ADD: SITE SELECTABLE ALERT FOR P25 TRUNKING 1 $0.00 0.0%$0.00 $0.00 $0.00 55d QA03399AK ADD: ENHANCED DATA 1 $0.00 0.0%$0.00 $0.00 $0.00 55e QA08853AA ADD: CPS ENABLEMENT* 1 $0.00 0.0%$0.00 $0.00 $0.00 55f QA01648AA ADD: HW KEY SUPPLEMENTAL DATA 1 $6.00 27.0% $1.62 $4.38 $4.38 55g QA08715AA ADD:BASIC VOICE CONTROL 1 $0.00 0.0%$0.00 $0.00 $0.00 55h QA00580BA ADD: TDMA OPERATION 1 $0.00 0.0%$0.00 $0.00 $0.00 55i QA01767BL ADD: P25 LINK LAYER AUTHENTICATION 1 $0.00 0.0%$0.00 $0.00 $0.00 55j G996AU ADD: PROGRAMMING OVER P25 (OTAP) 1 $0.00 0.0%$0.00 $0.00 $0.00 55k QA09001AM ADD: WIFI CAPABILITY 1 $0.00 0.0%$0.00 $0.00 $0.00 55l QA09007AD ADD: OUT OF THE BOX WIFI PROVISIONING 1 $0.00 0.0%$0.00 $0.00 $0.00 55m QA05100AA EHN: STD 1 YR WARRANTY APPLIES 1 $0.00 0.0%$0.00 $0.00 $0.00 55n Q629BD ENH: AES ENCRYPTION AND ADP 1 $0.00 0.0%$0.00 $0.00 $0.00 55o H869DB ENH: MULTIKEY 1 $0.00 0.0%$0.00 $0.00 $0.00 55p BD00032AA ADD: ESSENTIAL CORE BUNDLE 1 $2,244.00 27.0%$605.88 $1,638.12 $1,638.12 55q QA09113AA ADD: BASELINE RELEASE SW 1 $0.00 0.0%$0.00 $0.00 $0.00 55r QA02756AB ENH: 3600 OR 9600 TRUNKING BAUD SINGLE SYSTEM 1 $0.00 0.0%$0.00 $0.00 $0.00 55s BD00033AA ADD: ESSENTIAL SECURITY BUNDLE 1 $623.00 27.0%$168.21 $454.79 $454.79 QUOTE-2504538BBFD - APX FLEET REPLACEMENT Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800 Page 15 509 Line # Item Number Description Qty Term List Price Disc % Disc $Sale Price Ext. Sale Price 56 PSV01S03059A APX NEXT PROVISIONING WITH CPS* 1 $0.00 0.0% $0.00 $0.00 $0.00 57 PMNN4813B BATT LIION IMPRES 2 IP68 2850T 1 $178.50 27.0%$48.19 $130.31 $130.31 58 PMPN4820A CHGR DESKTOP SINGLE UNIT IMPRES 2 EXT PS US 1 $85.71 27.0%$23.14 $62.57 $62.57 FLASHport Series APXNEXTH45XEFLASH PORT 59 T8676A (EXECUTIVE STAFF) 1 $0.00 0.0% $0.00 $0.00 $0.00 59a Q498BP ENH: ASTRO 25 OTAR W/ MULTIKEY 4 $936.00 27.0% $252.72 $683.28 $2,733.12 59b UA00083AA ADD: SOFTWARE LICENSE ONLINE DELIVERY 1 $0.00 0.0% $0.00 $0.00 $0.00 Grand Total $1,068,776.22(USD) 0 *Upfront costs include the cost of Hardware, Accessories and Implementation, where applicable. ●Unless otherwise noted, this quote excludes sales tax or other applicable taxes (such as Goods and ServicesTax, sales tax, Value Added Tax and other taxes of a similar nature). Any tax the customer is subject to will beadded to invoices. QUOTE-2504538BBFD - APX FLEET REPLACEMENT Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800 Page 16 510 QUOTE-2504538BBFD - APX FLEET REPLACEMENT Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800 Page 17 511 APX N50 Portable Radio Solution Description OVERVIEW The APX N50 offers affordable, next generation communications for without compromising P25 interoperability or voice and data quality. It offers a durable design with “pick-up-and-go” functionality, optimizing ease-of-use and focused communications in almost all environments. DURABLE AND EASY TO USE The APX N50 enhances operations with a front display with an upgraded user interface for better readability and loud and clear audio for reliable, everyday use. Additionally, it offers extended battery life, a shorter antenna, and Bluetooth compatibility with audio accessories, promoting efficient communications between first responders. Adaptive Audio For first responders in loud environments, the APX N50 offers adaptive audio that enhances voice quality and minimizes background noise. The APX N50 includes two High Dynamic Range (HDR) microphones with high overload point pickup that reproduces voice with clarity and reduces audio clipping and distortion, even when shouting. The radio has custom speakers that use noise cancellation technology to amplify loud and clear audio, and help make every syllable intelligible. An enhanced audio engine dynamically adjusts the N50 in any environment by using algorithms to filter out unpredictable background noise and wind while using multiple microphones to track voice from every angle, allowing first responders to speak into the radio without compromising voice quality. Additional environmentally aware audio features receive volume leveling and noise sensing volume control–the radio will automatically adjust for loud or soft talkers and the changing ambient noise levels. These features allow first responders to keep their eyes forward and remain focused on situations as they unfold. Essential and Secure P25 Communications The APX N50 is certified compliant with P25 standards and supports digital and analog trunking, FDMA and TDMA, and Integrated Voice and Data. All P25 communications over the N50 are safe and secure–it offers software and hardware encryption, single- and multi key encryption, and P25 Authentication, protecting communications during daily operations. Reliable Connectivity Using the APX N50 lets first responders stay connected across disparate networks. It is equipped with Wi-Fi®, Bluetooth®, and GPS features, bringing future-ready applications, services, and best-in-class connectivity to everyday use. APX N50 radios support 7/800 MHz frequency bands across radio systems, with minimal intervention by the radio user. QUOTE-2504538BBFD - APX FLEETREPLACEMENT Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 18 512 SmartConnect over Wi-Fi SmartConnect is a subscription service that allows first responders to access critical intelligence no matter where the mission takes them. When P25 networks are unavailable, the APX N50 will maintain functionality and voice quality by automatically switching to an available broadband network, enabling connectivity outside of radio system coverage. Voice information and signals between radios and control are encrypted, ensuring that all transmissions are secure. The APX N50 can use SmartConnect when directly connected to Wi-Fi hotspots, through an in-vehicle LTE modem, or over a satellite connection. Additionally, the radio will indicate to users when SmartConnect is active by displaying a blue bar on-screen. Managing and Provisioning Devices APX N50 can be programmed in two ways: one-at-a-time through Customer Programming Service (“CPS”) or through a combination of CPS and batch programming over Wi-Fi available with the radio management (“RM”) software. CPS is a proprietary, Windows-based application, used to configure APX subscriber radios in offline situations that include provisioning, networking, and monitoring tools that provide greater awareness and faster radio management. The CPS application offers drag-and-drop, clone-wizard, and basic import/ export functions that allow the addition of new software and feature enhancements. APX N radios can be programmed one-at-a-time on a local PC, via secure USB port connection, with TLS-PSK based encryption. Once loaded, subscriber radios are read and edited, and codeplugs and templates can be saved and duplicated to program other fleet radios Batch Programming is available through the RM software for simultaneous programming and upgrading throughout the radio fleet. With Batch Programming, up to 16 radios can be programmed at once over a Wi-Fi connection. This reduces programming time and ensures that the radio fleet is always up-to-date and ready-to-use in the field. Device Management Services Device Management Services (“DMS”) packages provide programming, management, and maintenance services to maximize the effectiveness of this APX N50 solution, while reducing maintenance risk, workload, and total cost of ownership. DMS tackles a range of customer needs, whether the solution is self-maintained or managed by Motorola Solutions. QUOTE-2504538BBFD - APX FLEETREPLACEMENT Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 19 513 APX N-SERIES DEVICE MANAGEMENT SERVICES - ESSENTIAL STATEMENT OF WORK OVERVIEW Device Management Servces (“DMS”) efficiently maintains the Customer’s device fleet while helping to keep devices up-to-date and fully operational in the field. DMS Essential services provide basic hardware and software support. This Statement of Work (“SOW”), including all of its subsections and attachments is an integral part of the applicable agreement (“Agreement”) between Motorola Solutions, Inc. (“Motorola Solutions”) and Customer (“Customer”). In the event of a conflict between the terms and conditions of the Agreement and the terms and conditions of this SOW, this SOW will control as to the inconsistency only. The SOW applies to the device specifically named in the Agreement. HARDWAREREPAIR Hardware Repair provides repair coverage for internal and external device components that do not work in accordance with published specifications. Repair services are performed at a Motorola Solutions-operated or supervised facility. The device will be repaired to bring it to compliance with its specifications, as published by Motorola Solutions at the time of delivery of the original device. For malfunctioning devices that must be replaced, Motorola Solutions will attempt to read the codeplugs from those devices. If successful, Motorola Solutions will load the codeplug to any replacement devices. If not, Motorola Solutions will load a factory codeplug, and the Customer will need to load the previous codeplug. Motorola Solutions will load factory available firmware to any replacement devices, which may not match the Customer’s firmware version. MOTOROLA SOLUTIONS RESPONSIBILITIES •Repair or replace malfunctioning device, as determined by Motorola Solutions. •Complete repair or replacement with a turnaround time of five business days in-house, provided the device is delivered to the repair center by 9:00 a.m. (local repair center time). Turnaround time represents thetime a product spends in the repair process, and does not include time in transit to and from the Customer’s site. Business days do not include US holidays or weekends. •If applicable, apply periodically-released device updates, in accordance with an Engineering Change Notice. •Provide two-way air shipping when a supported Motorola Solutions electronic system, such as MyView Portal, is used to initiate a repair. A shipping label will be generated via the electronic system. CUSTOMER RESPONSIBILITIES •For non-contiguous renewals, Customer must provide a complete list, preferably in electronic format, of all hardware serial numbers to be covered under the Agreement to Motorola Solutions. •Initiate device repairs, as needed. •When initiating a repair via a supported Motorola Solutions electronic system, label each package correctly with the shipping label and Return Material Authorization (“RMA”) number generated by the electronic system. •When initiating a repair via paper Return Material Form (“RMF”), the RMF must be completed for each device, included in the package with the device, and shipped to the Motorola Solutions depot specified on the RMF. QUOTE-2504538BBFD - APX FLEETREPLACEMENT Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 20 514 •Remove any data or other information from the device that the Customer wishes to destroy or retain prior to sending the device for repair. •If a malfunctioning device must be replaced and the Customer has loaded information for that device to Motorola Solutions’ cloud environment, the Customer will need to remove the information for the malfunctioning device and add information for the replacement device to the applicable cloud environment. LIMITATIONS AND EXCLUSIONS The Customer will incur additional charges at the prevailing rates for any activities that are not included or are specifically excluded from this service scope, as described below. Motorola Solutions will notify the Customer and provide a quotation of any incremental charges related to such exclusions prior to completing the repair and said repair will be subject to Customer’s acceptance of the quotation. •Replacement of consumable parts or accessories, as defined by product, including but not limited to batteries, cables, and carrying cases. •Repair of problems caused by: •Natural or manmade disasters, including but not limited to internal or external damage resulting from fire, theft, and floods. •Third-party software, accessories, or peripherals not approved in writing by Motorola Solutions for use with the device. •Using the device outside of the product’s operational and environmental specifications, including improper handling, carelessness, or reckless use. •Unauthorized alterations or attempted repair, or repair by a third party. •Non-remedial work, including but not limited to administration and operator procedures, reprogramming, and operator or user training. •Problem determination and/or work performed to repair or resolve issues with non-covered products. For example, any hardware or software products not specifically listed on the service order form are excluded from service. •File backup or restoration. •Completion and test of incomplete application programming or system integration if not performed by Motorola Solutions and specifically listed as covered. •Accidental damage, chemical or liquid damage, or other damage caused outside of normal device operating specifications, except if optional Accidental Damage Coverage was purchased. •Cosmetic imperfections that do not affect the functionality of the device. •Software support for unauthorized modifications or other misuse of the device software is not covered. Motorola Solutions is not obligated to provide support for any device that has been subject to the following: •Repaired, tampered with, altered or modified (including the unauthorized installation of any software) — except by Motorola Solutions authorized service personnel. •Subjected to unusual physical or electrical stress, abuse, or forces or exposure beyond normal use within the specified operational and environmental parameters set forth in the applicable product specification. •If the Customer fails to comply with the obligations contained in the Agreement, the applicable software license agreement, and Motorola Solutions terms and conditions of service. ACCIDENTAL DAMAGE (OPTIONAL) An add-on to Hardware Repair, Accidental Damage provides repair coverage for internal and external device components damaged due to accidents or that do not work in accordance with published specifications. Repair services are performed at a Motorola Solutions-operated or supervised facility. Accidental Damage coverage must be purchased together with, or within 90 days of, a qualifying Motorola Solutions hardware purchase. This offer reduces unexpected expenses relating to the repair of the device. Accidental Damage coverage includes all Hardware Repair services, and expands coverage to include Accidental Damage. Examples of items included under Accidental Damage Coverage are:•Electrical repair for components that are not working in accordance with published specifications QUOTE-2504538BBFD - APX FLEETREPLACEMENT Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 21 515 •Electrical repair for failures caused by accidental water damage. •Electrical repair for accidental internal damage. •Replacement of accidentally cracked or broken housings. •Replacement of accidentally cracked or broken displays. •Replacement of accidentally cracked or broken or missing keypads/buttons. For malfunctioning devices that must be replaced, Motorola Solutions will attempt to read the codeplugs from those devices. If successful, Motorola Solutions will load the codeplug to any replacement devices. If not, Motorola Solutions will load a factory codeplug, and the Customer will need to load the previous codeplug. Motorola Solutions will load factory available firmware to any replacement devices, which may not match the Customer’s firmware version. The Customer may need to downgrade the firmware on the replacement device. Added Motorola Solutions Responsibilities for Accidental Damage •Repair or replace accidentally damaged device, as determined by Motorola Solutions. Limitations and Exclusions In addition to applicable Limitations and Exclusions for Hardware Repair, Accidental Damage limits or excludes the following: •There is a limit of one device repair per device/per contract year with Accidental Damage coverage. This exclusion does not apply to repairs to malfunctioning components. Motorola Solutions will repair malfunctioning components covered by the standard Hardware Repair service as needed. •Where ongoing “accidental damage” is deemed by Motorola Solutions to be excessive, systemic or the result of device mishandling, the Customer may be subject to an additional charge. Should the accidental damage continue unabated, the Customer will incur repair charges at Motorola Solutions’ discretion and prevailing charges for devices deemed by Motorola Solutions to have been damaged through improper handling, carelessness, or reckless use. •Accidental Damage is quoted on a per-unit basis, is prepaid, non-cancellable, and non-refundable for the purchased service term. DEVICETECHNICALSUPPORT Motorola Solutions’ Device Technical Support service provides telephone consultation for device and accessory issues. Support is delivered through the Motorola Solutions Centralized Managed Support Operations (“CMSO”) organization by a staff of technical support specialists. For Device Technical Support, Motorola Solutions will respond to calls within two (2) hours during the support days. Support hours are 7 a.m. to 7 p.m. CST Monday through Friday, excluding US holidays. In addition, Customers may contact the Call Management Center (800-MSI-HELP) at any time (24 hours a day, seven days a week) and a Motorola Solutions representative will log a technical request in Motorola Solutions Case Management System on the Customer’s behalf. MOTOROLA SOLUTIONS RESPONSIBILITIES •Provide technical support for devices, assessing and troubleshooting reported issues. •Receive and log Customer support requests, and assign a technical representative to respond to a Customer incident per the defined timeframes. CUSTOMER RESPONSIBILITIES QUOTE-2504538BBFD - APX FLEETREPLACEMENT Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 22 516 •Use the provided methods to contact Motorola Solutions technical support. •Provide sufficient information to allow Motorola Solutions technical support agents to diagnose and resolve Customer issues. •Provide contact information for field service technicians in the event that Motorola Solutions has to follow up. LIMITATIONS AND EXCLUSIONS •Device support does not include Land Mobile Radio (“LMR”) network, Wi-Fi, and LTE network troubleshooting. Software Maintenance Motorola Solutions is continually developing new features and functionality for our portfolio of public-safety-grade radios. By purchasing software maintenance, the Customer can take advantage of these firmware releases and future-proof their communications investment. MOTOROLA SOLUTIONS RESPONSIBILITIES •Test all firmware releases to minimize software defects. •Announce new firmware releases and post release notes in a timely manner via MyView Portal. •Provide firmware updates. Motorola Solutions makes no guarantees as to the frequency or timing of firmware updates. •Provide upgrade capability through supported Programming Tools. •Provide programming and service tools and technical support through the firmware support window. •Provide documentation via MyView Portal with each release detailing new features, bug fixes, and any known issues. CUSTOMER RESPONSIBILITIES •Periodically check MyView Portal for firmware update announcements. •Keep the radio fleet updated with firmware versions within the support window. MyView Portal Access MyView Portal is the single location to track the status of subscriptions and service contracts, including start and end dates. This portal includes order, RMA, and technical support ticket status, as well as a consolidated download site for software and documentation. Outside of pre-announced maintenance periods, MyView Portal will be available on a best effort 24/7 basis. Motorola Solutions cannot guarantee the availability of Internet networks outside of our control. MOTOROLA SOLUTIONS RESPONSIBILITIES •Provide a web accessible, secure portal to view the Customer’s data. •Provide the Customer with login credentials for the site. •Provide end-user training for the site. •Provide technical support to answer end user questions between the hours of 8 a.m. to 5 p.m. CST Monday through Friday, excluding US holidays. •Keep the site updated with the latest Customer information. CUSTOMER RESPONSIBILITIES •Provide Motorola Solutions with contact information for administrative users. QUOTE-2504538BBFD - APX FLEETREPLACEMENT Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 23 517 •Administer user access. •Provide Internet access for users to access the site. •Attend available MyView Portal training. •Protect login information against unauthorized use. •Provide Motorola Solutions with updated equipment information, as needed. QUOTE-2504538BBFD - APX FLEETREPLACEMENT Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 24 518 RESOLUTION NO. R24-185 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, APPROVING A PIGGYBACK AGREEMENT WITH 5 MOTOROLA SOLUTIONS, INC., FOR THE REPLACEMENT OF HANDHELD 6 RADIOS, UPGRADING EXISTING DISPATCH RADIO CONSOLES, AND 7 PURCHASING TWO ADDITIONAL DISPATCH RADIO CONSOLES; AND FOR 8 ALL OTHER PURPOSES. 9 10 WHEREAS, the State of Washington, acting by and through National Association of State 11 Procurement Officials (NASPO) ValuePoint, competitively procured Public Safety Communication 12 Products, Services, and Solutions ("Public Safety Radio") and executed Contact No. 00318, a five 13 (5) year agreement (the "State of Washington Agreement"), commencing January 1, 2022, with 14 two (2) additional one-year renewal options; and 15 WHEREAS, the City desires to replace handheld radios, upgrade existing dispatch radio 16 consoles, and purchase two additional dispatch radio consoles; and 17 WHEREAS, the City's Purchasing Policy Section X — Alternatives to Formal Sealed Bids, 18 provides authority for the City to acquire or contract for services without utilizing a sealed 19 competitive method or the written quotations methods where the desired services are the subject 20 of an agreement that utilizes another government entity's contract, provided that the contract 21 was awarded based strictly on competitive bidding; and 22 WHEREAS, to replace handheld radios, upgrade existing dispatch radio consoles, and 23 purchase two additional dispatch radio consoles for the City's Police department and other goods 24 and services on an as-needed basis (the "Supplies and Services"), the City's Police Department is 25 requesting the City enter into a Piggyback Agreement with Motorola Solutions, Inc., ("Vendor"); 26 and 27 WHEREAS, the City and Vendor have agreed to allow the City to piggyback the State of 28 Washington Agreement; and 29 WHEREAS, the total purchase price is $2,406,374.71, and Vendor shall provide the City a 30 technology credit in the amount of $1,065,185.00; therefore, the City shall pay Vendor the total 31 amount not to exceed $1,341,189.71; and 32 519 33 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 34 best interests of the city's citizens and residents to approve a Piggyback Agreement with Motorola 35 Solutions, Inc., for the replacement of handheld radios, upgrading existing dispatch radio 36 consoles, and purchasing two additional dispatch radio consoles. 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 Motorola Solutions, Inc., and the City for the 43 replacement of handheld radios, upgrading existing dispatch radio consoles, and purchasing two 44 additional dispatch radio consoles (the "Piggyback Agreement"), in form and substance similar to 45 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 City Clerk shall retain one fully-executed original of the Piggyback 51 Agreement as a public record of the City. A copy of the fully executed Piggyback Agreement shall 52 be provided to Daniel Cline to forward to the Vendor. 53 SECTION 5. This Resolution shall take effect in accordance with law. 54 signatures on the following page] 55 56 57 58 59 520 3141 60 PASSED AND ADOPTED this a0 day of 4cUaLL 2024. 61 CITY OF BOYNTON BEACH, FLORIDA 62 YES NO 63 Mayor-Ty Penserga 64 65 Vice Mayor-Aimee Kelley 66 67 Commissioner-Angela Cruz 68 69 Commissioner-Woodrow L. Hay 70 71 Commissioner-Thomas Turkin 72 73 VOTE J 0 74 ATTEST. 75 76 fp, , 77 Maylee De esu MPA, MMC Ty Penserg. 78 City Clerk Mayor 79 80 APPROVED AS TO FORM: 81 (Corporate Seal) 82 83 dhadrA gm.6 84 Shawna G. Lamb 85 City Attorney 521 PIGGYBACK AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND MOTOROLA SOLUTIONS, INC. This Piggyback Agreement is made as of thivay of August, 2024, by and between MOTOROLA SOLUTIONS, INC., with a principal address of 500 West Monroe, Chicago, IL. 60661, hereinafter referred to as "Vendor," and the CITY OF BOYNTON BEACH, a municipal corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Avenue, Boynton Beach, Florida 33435, hereinafter referred to as "City." RECITALS WHEREAS, the State of Washington, acting by and through National Association of State Procurement Officials (NASPO) ValuePoint, competitively procured Public Safety Communication Products, Services, and Solutions ("Public Safety Radio") and executed Contact No. 00318, a five (5) year agreement (the "Master Agreement"), commencing January 1, 2022, with two (2) additional one-year renewal options; and WHEREAS, the City desires to replace handheld radios, upgrade existing dispatch radio consoles, and purchase two additional dispatch radio consoles; and WHEREAS, the City's Purchasing Policy Section X — Alternatives to Formal Sealed Bids, provides authority for the City to acquire or contract for services without utilizing a sealed competitive method or the written quotations methods where the desired services are the subject of an agreement that utilizes another government entity's contract, provided that the contract was awarded based strictly on competitive bidding; and WHEREAS, in order to replace handheld radios, upgrade existing dispatch radio consoles, and purchase two additional dispatch radio consoles for the City's Police department and other goods and services on an as-needed basis (the "Supplies and Services"), the City's Police Department is requesting the City enter into a Piggyback Agreement with Vendor; and WHEREAS, the City and Vendor have agreed to allow the City to piggyback the Master Agreement, a copy of which is attached as Exhibit"A." NOW, THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT 1. The foregoing recitals are true and correct and are hereby incorporated into this Piggyback Contract—Motorola Solutions 1 522 Agreement. 2. TERM: The term of this Agreement commences on August*.o, 2024, and will remain in effect until December 31, 2026, with two (1) one-year renewal options ("Term"). The Mayor is authorized to execute amendments renewing the Agreement on behalf of the City. The initial term and any subsequent renewals of this Agreement are subject to the renewal or extension of the Master Agreement. If the Master Agreement expires or is terminated during the Term, this Agreement shall terminate no later than six months after such expiration or termination of the Master Agreement. 3. CONTRACT TERMS: The Vendor agrees to provide Supplies and Services to the City on the same terms and in the same manner as set forth in the Master Agreement, a copy of which is attached hereto as Exhibit A, except as otherwise provided herein. Vendor shall provide the radios and consoles described in Quote No. 2587324 and Console Proposal, which are attached hereto as Composite Exhibit B, upon affirmation of funding, a PO, and issuance of written notice to proceed with ordering issued by the City's Police Chief. All recitals, representations, and warranties of Vendor made by Vendor in the Master Agreement are restated as if set forth fully herein, made for the benefit of the City, and incorporated herein, except that all references to the "State of Washington" or "Enterprise Services") are hereby replaced with the "City of Boynton Beach." The City shall compensate Vendor as follows for all Supplies and Services described in Composite Exhibit B: the total purchase price is $2,406,374.71, Vendor shall provide City a technology credit in the amount of$1,065,185.00; therefore, the City shall pay Vendor the total amount not to exceed $1,341,189.71. Payment shall be made in accordance with the Master Agreement; however, if shipment occurs on or after August 1, 2025, payment by City shall be due no earlier than October 1, 2025. City may order additional products and services pursuant to the Master Agreement upon a duly executed amendment to this Agreement. 4. NOTICES: All Notices to the City shall be in writing by certified mail return receipt requested, or customarily used overnight transmission with proof of delivery, sent to: City: Daniel Dugger,City Manager City of Boynton Beach P.O.Box 310 Boynton Beach,Florida 33425 Telephone: (561)742-6010/Facsimile: (561)742-6090 Copy: Shawna G.Lamb,City Attorney City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010/Facsimile: (561) 742-6090 Piggyback Contract—Motorola Solutions 2 523 5. INVOICES AND PAYMENT: Invoices must identify the PO number and should be mailed to: Boynton Beach Finance Attn: Accounts Payable 100 E. Ocean Avenue Boynton Beach, FL 33435 Invoices shall show the nature of the service and dates(s) of service and in accordance with Exhibit A, unless otherwise stated in the payment schedules in Composite Exhibit B. Invoices may be submitted no more frequently than monthly. However, all services rendered prior to September 30th of any given year are required to be invoiced by September 30th of that year. Vendor shall provide W-9 with first invoice. The fee shall be paid based on receipt of a proper invoice in accordance with the invoice schedule indicated above. Payment will be made within 45 days of receipt of a proper invoice in accordance with the Local Government Prompt Payment Act, Section 218.70, et al., Florida Statutes. No payment made under this Agreement shall be conclusive evidence of the performance of this Agreement by Vendor, either wholly or in part, and no payment shall be construed to be an acceptance of or to relieve Vendor of liability for the defective, faulty or incomplete rendition of the services. 6. TAX EXEMPT: Prices applicable to City do not include applicable state and local sales, use, and related taxes. The City is exempt from state and local sales and use taxes and shall not be invoiced for the same. Upon request, City will provide Vendor with proof of tax-exempt status. 7. SOVEREIGN IMMUNITY: Nothing contained in this Agreement nor contained herein shall be considered nor construed to waive City's rights and immunities under the common law or section 768.28, Florida Statutes, as may be amended. 8. ATTORNEY'S FEES: In the event that either Party brings suit for enforcement of the Agreement, each Party shall bear its own attorney's fees and court costs. 9. PUBLIC RECORDS: Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is a public agency subject to Chapter 119, Florida Statutes. The Vendor shall comply with Florida's Public Records Law. Specifically, the Vendor shall: A. Keep and maintain public records required by the City to perform the service; B. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; Piggyback Contract—Motorola Solutions 3 524 C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Vendor shall destroy all copies of such confidential and exempt records remaining in its possession once the Vendor transfers the records in its possession to the City; and D. Upon completion of the contract, Vendor shall transfer to the City, at no cost to the City, all public records in Vendor's possession All records stored electronically by Vendor must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. E. IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE VENDOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK OFFICE 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6060 CityCierk(a bbfi.us 10. SCRUTINIZED COMPANIES - 287.135 AND 215.473: By execution of this Agreement, Vendor certifies that Vendor is not participating in a boycott of Israel. The Vendor further certifies that Vendor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Vendor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Vendor of the City's determination concerning the false certification. The Vendor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, the Vendor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Vendor does not demonstrate that the City's 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 Piggyback Contract—Motorola Solutions 4 525 provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. If this Agreement is terminated for a violation of the statute by Vendor, Vendor may not be awarded a public contract for a period of one (1) year after the date of termination. 12. DISPUTES: Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction exclusively in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 13. EXECUTION OF THE AGREEMENT: This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts, which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes. Each person signing this Agreement on behalf of either Party individually warrants that he or she has full legal power to execute the Addendum on behalf of the Party for whom he or she is signing and to bind and obligate such Party with respect to all provisions contained in this Agreement 14. TERMINATION FOR CONVENIENCE: This Agreement may be terminated by the City for convenience upon thirty (30) calendar days of written notice by the terminating party to the other party for such termination in which event the Vendor shall be paid its compensation for equipment delivered and services performed to the termination date, including services reasonably related to termination. 15. TERMINATION FOR CAUSE: In addition to all other remedies available to City, this Agreement shall be subject to cancellation by City for cause, should Vendor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) calendar days' after receipt by Vendor of written notice of such neglect or failure. 16. INSURANCE: At the time of execution of this Agreement, Vendor shall provide the City with a copy of its Certificate of Insurance reflecting the insurance coverage required by the Master Agreement. The Certificate of Insurance shall name the City of Boynton Beach, and its officers, employees and agents as an additional insured. 17. LIMITATION OF LIABILITY: Notwithstanding any provision of the Agreement to which it is applicable, City shall not be liable or responsible to Vendor beyond the amount remaining due to Vendor under the Agreement, regardless of whether said liability be based in tort, contract, indemnity or otherwise; and in no event shall City be liable to Vendor for punitive or exemplary damages or for lost profits or consequential damages. 18. INDEPENDENT CONTRACTOR: The Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that Vendor is an independent contractor pursuant to the Agreement and shall not be considered the City's employee for any purpose. 19. COMPLIANCE WITH LAWS: Vendor hereby warrants and agrees that at all times Piggyback Contract—Motorola Solutions 5 526 material to the Agreement, Vendor shall perform its obligations in compliance with all applicable federal, state, and local laws, rules, and regulations, including section 501.171, Florida Statutes. Non-compliance may constitute a material breach of the Agreement. 20. ASSIGNMENT: In the event this Agreement and any interests granted herein shall be assigned, transferred, or otherwise encumbered, under any circumstances by Vendor, Vendor must gain prior written consent from City thirty (30) business days before such transfer. For purposes of this Agreement, any change of ownership of Vendor shall constitute an assignment that requires City's approval. Notwithstanding the foregoing, Vendor may, without City's consent, assign this Agreement in whole or in part as part of a corporate reorganization, consolidation, merger, or sale of substantially all of its assets related to this Agreement. Vendor shall provide City written notice of any such corporate reorganization, consolidation, merger, or sale of substantially all of its assets related to this Agreement within thirty (30) calendar days of such event. 21. AGREEMENT SUBJECT TO FUNDING: The Agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Boynton Beach in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. Early termination by City due to loss of funding shall not obligate Vendor to refund any prepaid fees. 22. ENTIRE AGREEMENT. The Agreement, including the Master Agreement, sets forth the entire Agreement between the City and the Vendor with respect to the subject matter of this Agreement. This Agreement supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the parties. This Agreement may not be modified except by the parties' mutual agreement set forth in writing and signed by the parties. 23. SEVERABILITY. If any provision of this Agreement or application thereof to any person or situation shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable, shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 24. ANTI-HUMAN TRAFFICKING. On or before the Effective Date of this Agreement, Vendor shall provide City with an affidavit attesting that the Vendor does not use coercion for labor or services, in accordance with Section 787.06(13), Florida Statutes. Piggyback Contract—Motorola Solutions 6 527 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY OF BOYNTBEACH,FLORIDA MO OROLA I LUTIONS, INC. Pg'rta y u9n.d byDanielo,k,„xh, 10, 14:zu r Sanchez o.e oa,.o.u 7 vr, i nsi:a,o, oy4).1,7 y Penserga, Ma Signature), Company Daniel Sanchez Print Name of Authorized Official Territory Vice President Title ,,, 111111„i,,,,, Approved as to Form: o s% C:i1a SO/4''!',,, fit Gii FA m, = Shawna G. Lamb, City Attorney 973 973 Corporate Seal) Al iiiiiiiiiiii!III iiiiiii'''' s Attest/Authenticated: Atte Authenticated: irkx•ilt/ Signature),Witness L, 0_,-- L K Maylee Der , City Clerk Print Name il i; gOYN to` i k..• SRPdRq;. 611 1 67. SEAL Y7 I gi 'IIVCoRp°RAT i 1920its ORIDA ii Piggyback Contract—Motorola Solutions 528 EXHIBIT A MASTER AGREEMENT NO. 00318 FOR PUBLIC SAFETY COMMUNICATIONS PRODUCTS, SERVICES,AND SOLUTIONS, BETWEEN THE NATIONAL ASSOCIATION OF STATE PROCUREMENT OFFICIALS (NASPO)VALUEPOINT,AND MOTOROLA SOLUTIONS, INC. Piggyback Contract—Motorola Solutions 8 529 Washington State Department of NASPO Enterprise Services ValuePoint COOPERATIVE PURCHASING MASTER AGREEMENT No. 00318 PUBLIC SAFETY COMMUNICATIONS PRODUCTS,SERVICES AND SOLUTIONS For Use by Eligible Purchasing Entities By and Between STATE OF WASHINGTON DEPARTMENT OF ENTERPRISE SERVICES and MOTOROLA SOLUTIONS, INC. Dated January 1, 2022 530 COOPERATIVE PURCHASING MASTER AGREEMENT No. 00318 PUBLIC SAFETY COMMUNICATIONS PRODUCTS,SERVICES AND SOLUTIONS FOR SUB-CATEGORY 1.1 RADIO SINGLE-BAND PORTABLE RADIO(P25) SUB-CATEGORY 1.2 RADIO SINGLE-BAND MOBILE RADIO(P25) SUB-CATEGORY 1.3 RADIO:SINGLE-BAND DESKTOP RADIO(P25) SUB-CATEGORY 1.4 RADIO MULTI-BAND PORTABLE RADIO(P25) SUB-CATEGORY 1.5 RADIO MULTI-BAND MOBILE RADIO(P25) SUB-CATEGORY 1.6 RADIO MULTI-BAND DESKTOP RADIO(P25) SUB-CATEGORY 1.7 RADIO BASE STATION/REPEATER(P25) SUB-CATEGORY 2.1 RADIO CONVENTIONAL ANALOG PORTABLE(NON-P25) SUB-CATEGORY 2.2 RADIO CONVENTIONAL ANALOG MOBILE(NON-P25) SUB-CATEGORY 2.3 RADIO CONVENTIONAL ANALOG DESKTOP(NON-P25) SUB-CATEGORY 2.4 RADIO CONVENTIONAL ANALOG BASE STATION/REPEATER(NON-P25) CATEGORY 4 DISPATCH CONSOLES COMPLETE TURNKEY RADIO SOLUTION This Cooperative Purchasing Master Agreement ("Cooperative Purchasing Master Agreement") is made and entered into by and between Enterprise Services acting by and through the State of Washington Enterprise Services") and Motorola Solutions, Inc., an Delaware corporation ("Contractor") and is dated and effective as of January 1, 2022. RECITALS A. Pursuant to Legislative authorization, Enterprise Services, on behalf of the State of Washington, is authorized to develop, solicit, and establish Cooperative Purchasing Master Agreements for goods and services to support Washington state agencies. See RCW 39.26.050(1). The Washington State Legislature has authorized Enterprise Services to make these Cooperative Purchasing Master Agreements available, pursuant to agreement in which Enterprise Services ensures full cost recovery, to other local or federal government agency or entity, public benefit nonprofit organizations, or any tribes located in the State of Washington. See RCW 39.26.050(1) & (2). B. The Washington State Legislature also has authorized Enterprise Services to participate in, sponsor, conduct, or administer certain cooperative purchasing agreements for the procurement of goods or services. See RCW 39.26.060(1). One of the approaches that Enterprise Services utilizes to participate in cooperative purchasing agreements with other states is NASPO ValuePoint. C. NASPO Cooperative Purchasing Organization LLC, doing business as NASPO ValuePoint, is a nonprofit subsidiary of the National Association of State Procurement Officials NASPO). The NASPO ValuePoint purchasing cooperative program is led by state procurement officers from member states. NASPO ValuePoint does not award contracts; rather, it assists states, for an administrative fee, in their collaboration pertaining to solicitations and the resulting master agreements. COOPERATIVE PURCHASING MASTER AGREEMENT No.00318 PUBLIC SAFETY COMMUNICATIONS PRODUCTS,SERVICES&SOLUTIONS 1 Rev.2020-03-11)531 D. Pursuant to the NASPO ValuePoint cooperative purchasing model, a state serves as the lead state' to conduct a competitive procurement in compliance with that state's procurement laws and award a cooperative purchasing master agreement with a contractor for the specified goods or services. States (including the District of Columbia and the organized territories of the United States), including the lead state, then may participate in that cooperative purchasing master agreement by executing a Participating Addendum. Until a Participating Addendum is executed by the applicable state (a 'participating entity'), no agency or other eligible organization (a 'purchasing entity') may purchase pursuant to the cooperative purchasing master agreement. Under Washington law, at the time of solicitation, states may provide supplemental substantive terms and conditions to inform the competitive procurement. In addition, pursuant to their Participating Addendum, states may require certain administrative terms and conditions (e.g., a vendor management fee for sales within the state, state registration and reporting). Contractor, however, has no obligation to condition execution of a Participating Addendum on substantive terms and conditions that were not competitively procured. E. Enterprise Services, as part of a cooperative purchasing competitive governmental procurement, with administrative support from NASPO ValuePoint, issued Competitive Solicitation No. 00318 dated November 16, 2020 regarding Public Safety Communications Products, Services and Solutions ("Public Safety Radio"). Sixteen (16) states indicated an intent to utilize the resulting Cooperative Purchasing Master Agreement. F. Enterprise Services and a stakeholder team consisting of representatives from Washington, California, Alaska, Oregon, Montana, Tennessee, Colorado and Nevada evaluated all responsive bids to the Competitive Solicitation and identified Contractor as an Apparent Successful Bidder for the Category identified above. G. Enterprise Services determined that entering into this Cooperative Purchasing Master Agreement will meet the cooperative purchasing needs and be in the best interest of the State of Washington. H. The purpose of this Cooperative Purchasing Master Agreement is to enable Participating or Purchasing Entities to purchase Public Safety Radio products and services, in the awarded Category as set forth herein. AGREEMENT Now THEREFORE, in consideration of the mutual promises, covenants, and conditions set forth herein, the parties hereto hereby agree as follows: 1. TERM. The term of this Master Agreement begins January 1, 2022 and ends on December 31, 2026; provided, however that, the contract term shall be extended for twenty-four (24) months if, in Enterprise Services' sole, reasonable judgement, which shall occur no later than June 30, 2025, Contractor meets the following performance metrics: COOPERATIVE PURCHASING MASTER AGREEMENT No.00318 PUBLIC SAFETY COMMUNICATIONS PRODUCTS,SERVICES&SOLUTIONS 2 Rev.2020-03-11)532 Reports: Contractor provides timely and accurate reports as detailed in this Master Agreement and Participating Addendums; and Administrative Fee Payments: Contractor provides timely and accurate Administrative Fee payments as detailed in this Master Agreement and Participating Addendums. Notwithstanding any provision to the contrary, to effectuate a smooth transition for Participating States and Purchasing Entities for Public Safety Communications Products, Services and Solutions to begin on January 1, 2022, Contractor shall provide implementation and transition support to Participating States who wish to utilize the Master Agreement, beginning upon the date such Participating State and Contractor executes a Participating Addendum. For the avoidance of doubt, no orders for products or services shall be made under this Agreement prior to January 1, 2022. 2. PARTICIPANTS AND SCOPE. This Cooperative Purchasing Master Agreement may be utilized under the following conditions: 2.1. PARTICIPATING ENTITIES. Contractor may not sell Public Safety Radio products and services under this Cooperative Purchasing Master Agreement until a Participating Addendum acceptable to the Participating Entity and Contractor is executed. The terms and conditions set forth in the Cooperative Purchasing Master Agreement are applicable to any Order by a Participating Entity (and other Purchasing Entities covered by their Participating Addendum), except to the extent altered, modified, supplemented, or amended by a Participating Addendum; Provided, however, that no Participating Addendum shall operate to alter or modify any substantive terms of this Cooperative Purchasing Master Agreement which were solicited and procured pursuant to a competitive procurement. By way of illustration and not limitation, Participating Entities may include unique administrative, delivery, and invoicing requirements, as well as entity-specific confidentiality requirements and similar entity-specific administrative requirements in purchase Orders utilizing this Cooperative Purchasing Master Agreement. 2.2. PURCHASING ENTITIES. Purchasing Entity means a state (as well as the District of Columbia and U.S territories), city, county, district, other political subdivision of a State, and a nonprofit organization under the laws of some states if authorized by a Participating Addendum, that issues a Purchase Order or other commitment document against the Cooperative Purchasing Master Agreement and becomes financially committed to the purchase. 2.3. PARTICIPATING ADDENDUM. Obligations under this Cooperative Purchasing Master Agreement are limited to those Participating Entities who have signed a Participating Addendum and Purchasing Entities within the scope of those Participating Addenda. States or other entities permitted to participate may use an informal competitive or other process to determine which Cooperative Purchasing Master Agreements to participate in through execution of a Participating Addendum. Financial obligations of Participating Entities who are states are limited to the orders placed by the departments or other state agencies and institutions having available funds. Participating Entities who are states incur no financial obligations on behalf of other Purchasing Entities. Contractor shall email a fully executed PDF copy of each Participating Addendum as instructed by the Lead State to support documentation of participation and posting in appropriate databases. 2.4. PURCHASING ENTITY RIGHTS. Except to the extent modified by a Participating Addendum, each Purchasing Entity shall follow the terms and conditions of the Cooperative Purchasing Master Agreement and applicable Participating Addendum and will have the same rights COOPERATIVE PURCHASING MASTER AGREEMENT No.00318 PUBLIC SAFETY COMMUNICATIONS PRODUCTS,SERVICES&SOLUTIONS 3 Rev.2020-03-11)533 and responsibilities for their purchases as the Lead State has in the Cooperative Purchasing Master Agreement, including but not limited to, any indemnity or right to recover any costs as such right is defined in the Cooperative Purchasing Master Agreement and applicable Participating Addendum for their purchases. Each Purchasing Entity will be responsible for its own charges, fees, and liabilities. Contractor will apply the charges and invoice each Participating Entity individually. 2.5. PARTICIPATING ADDENDUM APPROVAL. Participating Entities who are not states may under some circumstances sign their own Participating Addendum, subject to the approval of participation by the Chief Procurement Official of the state where the Participating Entity is located. Coordinate requests for such participation through NASPO ValuePoint. Any permission to participate through execution of a Participating Addendum is not a determination that procurement authority exists in the Participating Entity; they must ensure that they have the requisite procurement authority to execute a Participating Addendum. 3. SCOPE—INCLUDED GOODS/SERVICES AND PRICE. 3.1. CONTRACT SCOPE. Pursuant to this Cooperative Purchasing Master Agreement, Contractor is authorized to sell only those Public Safety Radio Products and Services in the category above posted on the NASPO ValuePoint website. Contractor shall not represent to any Participating or Purchasing Entity under this Cooperative Purchasing Master Agreement that Contractor has contractual authority to sell any Public Safety Radio Products beyond those approved and posted on the NASPO ValuePoint website. 3.2. MINIMUM WARRANTY FOR INCLUDED GOODS/SERVICES. Notwithstanding any provision to the contrary, Contractor agrees to and is providing a minimum warranty of no less than one (1) year for any goods/services included in this Cooperative Purchasing Master Agreement. Such minimum warranty begins when the goods/services are accepted by Purchasing Entity or as agreed by Purchasing Entity in its ordering documentation. Such minimum warranty includes all firmware and software updates within warranty period. Parts and related software will be free from defects in material and workmanship for one (1) year. If a product fails because of a defect in workmanship or materials within one (1) year from the date of acceptance by Purchasing Entity, manufacture shall repair or replace the product or part with a new product or part without charge to Purchasing Entity. 3.3. ADDITIONAL WARRANTY OPTIONS — See Motorola Solutions Pricing Document on the NASPO ValuePoint website for descriptions and pricing for all available warranty options. 3.4. AVAILABLE SERVICES — See Motorola Solutions Pricing Document on the NASPO ValuePoint website for descriptions and pricing for all available services. 3.5. ABILITY TO MODIFY SCOPE OF COOPERATIVE PURCHASING MASTER AGREEMENT. Subject to mutual agreement between the parties, Enterprise Services, acting as the lead state, reserves the right to modify the Public Safety Radio Products included in this Cooperative Purchasing Master Agreement; Provided, however, that any such modification shall be effective only upon thirty (30) days advance written notice; and Provided further, that any such modification must be within the scope of this competitively procured Cooperative Purchasing Master Agreement. In no event shall such modification, if authorized by Enterprise Services, limit the requirement for cooperative purchasing agreements to be subject to competitive procurement. COOPERATIVE PURCHASING MASTER AGREEMENT No.00318 PUBLIC SAFETY COMMUNICATIONS PRODUCTS,SERVICES&SOLUTIONS 4 Rev.2020-03-11)534 3.6. PRoDucr UPDATES. Upon approval, Contractor may update their products/pricelist on a semi- annual basis. Contractor must submit to the Lead Contract Administrator a revised product/pricelist highlighting changes and include an effective date of the change. At no time during the contract term shall products be deleted from the products/pricelist. Discontinued products/services must be struck-through and highlighted for ease of review process. Product/pricelist updates must be submitted for review and approval to the Lead Contract Administrator thirty (30) days prior to the effective date of the change. All products/pricelist will be posted on the NASPO ValuePoint website. Product updates for January 1st through June 30th must be submitted to Lead State Contract Administrator by June 1st to be eligible for product updates effective July 1st. Product updates for July 1st through December 31st must be submitted to the Lead State Contract Administrator by December 15t to be eligible for product updates effective January 1st Additional product updates may be considered for approval with proper 30 day notice at the discretion of the Lead State. Semi-Annual Submitted By Effective Date January 1-June 30 June 1st July 1st July 1-December 31 December 1st January 1st System Solution providers may update their list of available products quarterly. Quarterly means the last day of each calendar quarter,see below. Quarter Submitted By Effective Date January 1-March 30 March 1st April 1st April 1-June 30 June 1st July 1st July 1-September 30 September 1st October 15t October 1-December 31 December 1st January 1st All System Solution available product options will be posted on the NASPO ValuePoint website. A minimum of thirty-three percent (33%) of the components offered in a complete Radio or Microwave System Solution must be indexed on the Awarded Contractor's Price List. Enterprise Services reserves the right to audit System Solution orders for compliance. Updates to System Solution available products must be submitted to the Lead Contract Administrator 30 days prior to the effective date of the change. Additional product options may be considered for approval with proper 30 day notice at the discretion of the Lead State. 3.7. ECONOMIC ADJUSTMENTS. All pricing must be guaranteed for the first year of the Cooperative Purchasing Master Agreement. Following the guarantee period, any request for price increases must be for an equal guarantee period (1 year), and must be submitted to the Lead State at least thirty (30) calendar days prior to the effective date. The Lead State will review a documented request for an MSRP price list increase only after the Price Guarantee Period. Requests for price increases must include sufficient documentation supporting the request and demonstrating the reasonableness of the adjustment when comparing the current price COOPERATIVE PURCHASING MASTER AGREEMENT No.00318 PUBLIC SAFETY COMMUNICATIONS PRODUCTS,SERVICES&SOLUTIONS 5 Rev.2020-03-11)535 list to the proposed price list. Documentation may include: the manufacturer's national price increase announcement letter, a complete and detailed description of what products are increasing and by what percentage, a complete and detailed description of what raw materials and/or other costs have increased and provide proof of increase, index data and other information to support and justify the increase. The price increase must not produce a higher profit margin than the original contract, and must be accompanied by sufficient documentation and nationwide notice of price adjustment to the published manufacturer's price list. No retroactive price increases will be allowed. Price Reductions. In the event of a price decrease in any category of product at any time during the contract in an OEM's published manufacturer's price list, including renewal options, the Lead State shall be notified immediately. All published manufacturer's price list price reductions shall be effective upon the notification provided to the Lead State. Enterprise Services reserves the right to request clarification and justification for requested Economic Adjustments. Economic Price Adjustment requests for January 1st through June 30th must be submitted to Lead State Contract Administrator by June 1st to be eligible for product updates effective July 1st. Product updates for July 1" through December 31" must be submitted to the Lead State Contract Administrator by December 1" to be eligible for product updates effective January 1st Semi-Annual Submitted By Effective Date January 1-June 30 June 1St July 1" July 1-December 31 December 15t January 1" 3.8. PRICE CEILING. Although Contractor may offer lower prices, including volume discounts, to Purchasing Entity, during the term of this Cooperative Purchasing Master Agreement, Contractor guarantees to provide the Goods/Services at no greater than the prices set forth approved and posted on the NASPO ValuePoint website. 3.9. COOPERATIVE PURCHASING MASTER AGREEMENT INFORMATION. Enterprise Services shall maintain and provide information regarding this Cooperative Purchasing Master Agreement, including scope and pricing,to eligible Purchasing Entity. 3.10. CONTRACTOR RESPONSIBILITIES. Contractor shall be responsible for successful performance of the Cooperative Purchasing Master Agreement and also for the successful performance of any and all of their partners. Contractor is to be the sole point of contact as applicable by Cooperative Purchasing Master Agreement with regard to contractual matters, payment of any and all charges resulting from the purchase of the products and maintenance of the product for the term of the Cooperative Purchasing Master Agreement unless otherwise specified by a Participating State in a Participating Addendum and/or the Cooperative Purchasing Master Agreement. Contractor must be able to receive, process, and invoice orders unless the Participating State has agreed to assign these functions to a partner. Contractor will be responsible for compliance with requirements under the Cooperative Purchasing Master Agreement, even if requirements are delegated to partners. Contractor and partners must not in any way represent themselves in the name of the Lead State, NASPO ValuePoint or Participating States. COOPERATIVE PURCHASING MASTER AGREEMENT No.00318 PUBLIC SAFETY COMMUNICATIONS PRODUCTS,SERVICES&SOLUTIONS 6 Rev.2020-03-11)536 4. CONTRACTOR REPRESENTATIONS AND WARRANTIES. Contractor makes each of the following representations and warranties as of the effective date of this Cooperative Purchasing Master Agreement and at the time any order is placed pursuant to this Cooperative Purchasing Master Agreement. If, at the time of any such order, Contractor cannot make such representations and warranties, Contractor shall not process any orders and shall, within three (3) business days notify Enterprise Services, in writing, of such breach. 4.1. QUALIFIED To Do BUSINESS. Contractor represents and warrants that it is in good standing and qualified to do business in the State of Washington, that it is registered with the Washington State Department of Revenue and the Washington Secretary of State, that it possesses and shall keep current all required licenses and/or approvals, and that it is current, in full compliance, and has paid all applicable taxes owed to the State of Washington. Contractor further represents and warrants that, within fifteen (15) days of executing any Participating Addendum and prior to making any sales pursuant to such Participating Addendum, Contractor shall be in good standing and qualified to do business in such state and that Contractor properly shall have registered to do business in such state, shall possess and shall keep current all required licenses and/or approvals, and that it shall be current, in full compliance, and have paid all applicable taxes owed to such state. 4.2. SUSPENSION & DEBARMENT. Contractor represents and warrants that neither it nor its principals or affiliates presently are debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in any governmental contract by any governmental department or agency within the United States. 4.3. QUALITY OF GOODS OR SERVICES. Contractor represents and warrants that any goods and/or services sold pursuant to this Cooperative Purchasing Master Agreement shall be merchantable, shall conform to this Cooperative Purchasing Master Agreement and Purchasing Entity's Purchase Order, shall be fit and safe for the intended purposes as specified in this Agreement, shall be free from defects in materials and workmanship, and shall be produced and delivered in full compliance with applicable law. Contractor further represents and warrants it has clear title to the goods and that the same shall be delivered and the services provided free of liens and encumbrances. Upon breach of warranty, Contractor will repair or replace (at no charge to Purchasing Entity) any goods and/or services whose nonconformance is discovered and made known to the Contractor. If, in Purchasing Entity's judgment, repair or replacement is inadequate, or fails of its essential purpose, Contractor will refund the full amount of any payments that have been made. The rights and remedies of the parties under this warranty are in addition to any other rights and remedies of the parties provided by law or equity, including, without limitation, actual damages, and, as applicable and awarded under the law, to a prevailing party, reasonable attorneys' fees and costs. These warranties do not apply to: (i) defects or damage resulting from: use of the equipment or software in other than its normal, customary, and authorized manner; accident, liquids, neglect, or acts of God; testing, maintenance, disassembly, repair, installation, alteration, modification, or adjustment not provided or authorized in writing by Contractor; Purchasing Entity's failure to comply with all applicable industry and OSHA standards; (ii) breakage of or damage to antennas unless caused directly by defects in material or workmanship; (iii) equipment that has had the serial number removed or made illegible; (iv) batteries (because they carry their own separate limited warranty) or consumables; (v) freight costs to ship equipment to the repair depot; (vi) scratches or other COOPERATIVE PURCHASING MASTER AGREEMENT No.00318 PUBLIC SAFETY COMMUNICATIONS PRODUCTS,SERVICES&SOLUTIONS 7 Rev.2020-03-11)537 cosmetic damage to equipment surfaces that does not affect the operation of the equipment; and (vii) normal or customary wear and tear. THESE WARRANTIES ARE THE COMPLETE WARRANTIES FOR THE EQUIPMENT AND CONTRACTOR SOFTWARE PROVIDED UNDER THIS AGREEMENT AND ARE GIVEN IN LIEU OF ALL OTHER WARRANTIES. CONTRACTOR DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. 4.4. WAGE VIOLATIONS. Contractor represents and warrants that, during the term of this Cooperative Purchasing Master Agreement and the three (3) year period immediately preceding the award of the Cooperative Purchasing Master Agreement, it is not determined, by a final and binding citation and notice of assessment issued by the Washington Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction, to be in willful violation of any provision of Washington state wage laws set forth in RCW chapters 49.46, 49.48, or 49.52. 4.5. PAY EQUALITY. Contractor represents and warrants that, among its workers, similarly employed individuals are compensated as equals. For purposes of this provision, employees are similarly employed if the individuals work for the same employer, the performance of the job requires comparable skill, effort, and responsibility, and the jobs are performed under similar working conditions. Job titles alone are not determinative of whether employees are similarly employed. Contractor may allow differentials in compensation for its workers based in good faith on any of the following: a seniority system; a merit system; a system that measures earnings by quantity or quality of production; a bona fide job-related factor or factors; or a bona fide regional difference in compensation levels. A bona fide job- related factor or factors may include, but not be limited to, education, training, or experience that is: consistent with business necessity; not based on or derived from a gender-based differential; and accounts for the entire differential. A bona fide regional difference in compensation level must be consistent with business necessity; not based on or derived from a gender-based differential; and account for the entire differential. Notwithstanding any provision to the contrary, upon breach of warranty and Contractor's failure to provide satisfactory evidence of compliance within thirty (30) days, Enterprise Services may suspend or terminate this Cooperative Purchasing Master Agreement and any Purchasing Entity hereunder similarly may suspend or terminate its use of the Cooperative Purchasing Master Agreement and/or any agreement entered into pursuant to this Cooperative Purchasing Master Agreement. 4.6. EXECUTIVE ORDER 18-03—WORKERS' RIGHTS. Contractor represents and warrants, as previously certified in Contractor's Bidder's Certification, that Contractor does NOT require its employees, as a condition of employment, to sign or agree to mandatory individual arbitration clauses or class or collective action waivers. Contractor further represents and warrants that, during the term of this Cooperative Purchasing Master Agreement, Contractor shall not, as a condition of employment, require its employees to sign or agree to mandatory individual arbitration clauses or class or collective action waivers. 4.7. PROCUREMENT ETHICS & PROHIBITION ON GIFTS. Contractor represents and warrants that it complies fully with all applicable procurement ethics restrictions including, but not limited COOPERATIVE PURCHASING MASTER AGREEMENT No.00318 PUBLIC SAFETY COMMUNICATIONS PRODUCTS,SERVICES&SOLUTIONS 8 Rev.2020-03-11)538 to, restrictions against Contractor providing gifts or anything of economic value, directly or indirectly,to Purchasing Entity's employees. 4.8. WASHINGTON'S ELECTRONIC BUSINESS SOLUTION (WEBS). Contractor represents and warrants that it is registered in Washington's Electronic Business Solution (WEBS), Washington's contract registration system and that, all of its information therein is current and accurate and that throughout the term of this Cooperative Purchasing Master Agreement, Contractor shall maintain an accurate profile in WEBS. 4.9. STATEWIDE PAYEE DESK. Contractor represents and warrants that it is registered with the Statewide Payee Desk, which registration is a condition to payment. 4.10. COOPERATIVE PURCHASING MASTER AGREEMENT PROMOTION; ADVERTISING AND ENDORSEMENT. Contractor represents and warrants that it shall use commercially reasonable efforts both to promote and market the use of this Cooperative Purchasing Master Agreement with eligible Purchasing Entity and to ensure that those entities that utilize this Cooperative Purchasing Master Agreement are eligible Purchasing Entity. Contractor understands and acknowledges that neither Enterprise Services nor Purchasing Entity are endorsing Contractor's goods and/or services or suggesting that such goods and/or services are the best or only solution to their needs. Accordingly, Contractor represents and warrants that it shall make no reference to Enterprise Services, any Purchasing Entity, or the State of Washington in any promotional material without the prior written consent of Enterprise Services. 4.11. COOPERATIVE PURCHASING MASTER AGREEMENT TRANSITION. Contractor represents and warrants that, in the event this Cooperative Purchasing Master Agreement or a similar contract, is transitioned to another contractor (e.g., Cooperative Purchasing Master Agreement expiration or termination), Contractor shall use commercially reasonable efforts to assist Enterprise Services for a period of sixty (60) days to effectuate a smooth transition to another contractor to minimize disruption of service and/or costs to the State of Washington. 4.12. SUB-CONTRACTORS, AUTHORIZED RESELLERS/DEALERS. MANUFACTURER'S REPRESENTATIVE (PARTNERS). If utilizing partners, Contractor is responsible for such partners providing products and services, as well as warranty and maintenance services for any product or solution such partners provide pursuant to this Cooperative Purchasing Master Agreement. Pursuant to their applicable Participating Addendum, each Participating Entity may allow or disallow Contractor to utilize Partners. Only partners approved by the Participating Entity may be utilized. The Participating Entity will define the process to add and remove partners in their Participating Addendum. S. USING THE COOPERATIVE PURCHASING MASTER AGREEMENT—PURCHASES. 5.1. ORDERING REQUIREMENTS. Eligible Purchasing Entity shall order goods and/or services from this Cooperative Purchasing Master Agreement, consistent with the terms hereof and by using any ordering mechanism agreeable both to Contractor and Purchasing Entity but, at a minimum, including the use of a purchase order. When practicable, Contractor and Purchasing Entity also shall use telephone orders, email orders, web-based orders, and similar procurement methods (collectively "Purchasing Entity Order"). All order documents must reference the Cooperative Purchasing Master Agreement number. The terms of this Cooperative Purchasing Master Agreement shall apply to any Purchase Order and, in the COOPERATIVE PURCHASING MASTER AGREEMENT No.00318 PUBLIC SAFETY COMMUNICATIONS PRODUCTS,SERVICES&SOLUTIONS 9 Rev.2020-03-11)539 event of any conflict, the terms of this Cooperative Purchasing Master Agreement shall prevail. Notwithstanding any provision to the contrary, in no event shall any 'click- agreement,' software or web-based application terms and conditions, or other agreement modify the terms and conditions of this Cooperative Purchasing Master Agreement. A minimum of thirty-three percent (33%) of the solution components must be indexed on the Contractor's Price List. Prior to executing an order for a "Solution", Contractor shall provide Purchasing Entity a detailed Cost Proposal itemizing all proposed costs (including labor costs, employee benefits, travel, overhead and other direct costs) Contractor estimates it will incur in the performance of the work. a) All order documents must, at a minimum, reference the Cooperative Purchasing Master Agreement number; The place and requested time of delivery; A billing address; The name, phone number, and address of the Participating Entity representative; b) All communications concerning administration of Orders placed shall be furnished solely to the authorized purchasing agent within the Participating Entity's purchasing office, or to such other individual identified in writing in the Order. c) Orders must be placed pursuant to this Cooperative Purchasing Master Agreement prior to the termination date thereof, but may have a delivery date or performance period up to 120 days thereafter. d) Notwithstanding the expiration, cancellation or termination of this Cooperative Purchasing Master Agreement,Contractor agrees to perform in accordance with the terms of any Orders then outstanding at the time of such expiration or termination. Contractor shall not honor any Orders placed after the expiration, cancellation, or termination of this Cooperative Purchasing Master Agreement, or otherwise inconsistent with its terms. Orders from any separate indefinite quantity, task orders, or other form of indefinite delivery order arrangement priced against this Cooperative Purchasing Master Agreement may not be placed after the expiration or termination of this Cooperative Purchasing Master Agreement, notwithstanding the term of any such indefinite delivery order agreement. 5.2. DELIVERY REQUIREMENTS. Contractor must ensure that delivery of goods and/or services will be made as required by this Cooperative Purchasing Master Agreement, the Purchase Order used by Purchasing Entity, or as otherwise mutually agreed in writing between the Purchasing Entity and Contractor. The following apply to all deliveries: a) Contractor shall make all deliveries to the applicable delivery location specified in the Purchase Order. Such deliveries shall occur during Purchasing Entity's normal work hours and within the time period mutually agreed in writing between Purchasing Entity and Contractor at the time of order placement. Deliveries to be off-loaded at Purchasing Entity's receiving dock or designated job site by Contractor. COOPERATIVE PURCHASING MASTER AGREEMENT No.00318 PUBLIC SAFETY COMMUNICATIONS PRODUCTS,SERVICES&SOLUTIONS 10 Rev.2020-03-11)540 b) Contractor shall ship all goods purchased pursuant to this Master Agreement Purchasing Entity's specified destination. Shipping charges must be mutually agreed to between Purchasing Entity and Contractor. Contractor shall bear all risk of loss, damage, or destruction of the goods ordered hereunder that occurs prior to delivery, except loss or damage attributable to Purchasing Entity's fault or negligence. c) All products must be delivered in the manufacturer's standard package. Costs shall include all packing and/or crating charges. Cases shall be of durable construction, good condition, properly labeled and suitable in every respect for storage and handling of contents. Each shipping carton shall be marked with the commodity, brand, quantity, item code number and the Purchasing Entity's Purchase Order number. d) All packing lists, packages, instruction manuals, correspondence, shipping notices, shipping containers, and other written materials associated with this Cooperative Purchasing Master Agreement shall be identified by the Cooperative Purchasing Master Agreement number set forth on the cover of this Cooperative Purchasing Master Agreement and the applicable Purchase Order number. Packing lists shall be enclosed with each shipment and clearly identify all contents and any backorders. e) Purchasing Entities may return unopened or unused (non-specialty) Public Safety Radio products within ten (10) business days of receipt for full credit, minus any freight or restocking fee. In such event, Contractor is responsible for shipping costs pertaining to any defective Public Safety Radio Products that are returned. 5.3. RECEIPT AND INSPECTION OF GOODS AND/OR SERVICES. Goods and/or services purchased under this Cooperative Purchasing Master Agreement are subject to Purchasing Entity's reasonable inspection, testing, and approval at Purchasing Entity's destination. Such inspection and approval shall be determined within thirty (30) days of delivery. Purchasing Entity reserves the right to reject and refuse acceptance of goods and/or services that are not in accordance with this Cooperative Purchasing Master Agreement and Purchasing Entity's Purchase Order. Purchasing Entity may charge Contractor for the cost of inspecting rejected goods. If there are any apparent defects in the goods and/or services at the time of delivery, Purchasing Entity will notify Contractor within five (5) business days. At Purchasing Entity's option, and without limiting any other rights, Purchasing Entity may require Contractor to, consistent with the warranty terms, repair or replace, at Contractor's expense, any or all of the damaged goods and/or services or, at Purchasing Entity's option, Purchasing Entity may note any damage to the goods and/or services on the receiving report, decline acceptance, and deduct the cost of rejected goods and/or services from final payment. Payment for any goods under such Purchase Order shall not be deemed acceptance of the goods. a) All Products are subject to inspection at reasonable times and places before Acceptance. Contractor shall provide right of access to the Lead State, or to any other authorized agent or official of the Lead State or other Participating or Purchasing Entity, at reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance requirements under this Cooperative Purchasing Master Agreement. Products that do not meet COOPERATIVE PURCHASING MASTER AGREEMENT No.00318 PUBLIC SAFETY COMMUNICATIONS PRODUCTS,SERVICES&SOLUTIONS 11 Rev.2020-03-11)541 specifications may be rejected. Failure to reject upon receipt, however, does not relieve Contractor of liability for material (nonconformity that substantially impairs value) latent or hidden defects subsequently revealed when the Public Safety Radio Products are put to use. Acceptance of such Public Safety Radio Products may be revoked in accordance with the provisions of the applicable commercial code, and Contractor shall be liable for any resulting expense incurred by the Purchasing Entity related to the preparation and shipping of any Public Safety Radio Products rejected and returned, or for which Acceptance is revoked. b) If any Public Safety Radio Products do not conform to the specifications, the Purchasing Entity may require the Contractor to repair or replace the Public Safety Radio Product in conformity with the specifications. 5.4. ON SITE REQUIREMENTS. While on Purchasing Entity's premises, Contractor, its agents, employees, or subcontractors shall comply, in all respects, with Purchasing Entity's physical, fire, access, safety, and other security requirements. 5.5. INSTALLATION. Installation shall be performed by Contractor or Sub-Contractor, in a professional manner in accordance with industry standard best practices. The premises shall be left in a neat, clean, and undamaged condition. Purchasing Entity reserves the right to require Contractor or Sub-Contractor to repair any damage caused during installation or provide full compensation as determined by Purchasing Entity. 5.6. CONFIDENTIALITY; SAFEGUARDING OF INFORMATION. Contractor shall not use or disclose any information concerning Enterprise Services/the State of Washington or Purchasing Entity's information which may be classified as confidential, for any purpose not directly connected with the administration of this Cooperative Purchasing Master Agreement, except with prior written consent of Enterprise Services (or the applicable Purchasing Entity), or as may be required by law. 5.7. TREATMENT OF ASSETS. Title to all property furnished by any Participating State and/or Purchasing Entity shall remain with such Participating State and/or Purchasing Entity, as applicable. Any property of any Participating State and/or Purchasing Entity furnished to Contractor shall, unless otherwise provided herein or approved by such Participating State and/or Purchasing Entity, be used only for the performance of this Cooperative Purchasing Master Agreement. Contractor shall be responsible for damages as a result of any loss or damage to property of any Participating State and/or Purchasing Entity to the extent it results from the negligence of Contractor or to the extent it results from the failure on the part of Contractor to maintain, administer and protect that property in a reasonable manner and to the extent practicable in all instances. If any such Participating State and/or Purchasing Entity property is lost, destroyed, or damaged, Contractor immediately shall notify such Participating State and/or Purchasing Entity and shall take all reasonable steps to protect the property from further damage. Contractor shall surrender to such Participating State and/or Purchasing Entity all property of such Participating State and/or Purchasing Entity prior to settlement upon completion, termination, or cancellation of this Cooperative Purchasing Master Agreement. Title to all property furnished by Contractor, the cost for which the Contractor is entitled to be reimbursed as a direct item of cost under this Contract, shall pass to and vest in the Purchasing Entity upon delivery of such property by Contractor and acceptance by the Purchasing Entity. Title to other property, the cost of which is reimbursable to Contractor under this Contract, shall pass to and vest in the COOPERATIVE PURCHASING MASTER AGREEMENT No.00318 PUBLIC SAFETY COMMUNICATIONS PRODUCTS,SERVICES&SOLUTIONS 12 Rev.2020-03-11)542 Purchasing Entity upon (i) issuance for use of such property in the performance of this Contract, or (ii) commencement of use of such property in the performance of this Contract, or (iii) reimbursement of the cost thereof by the Purchasing Entity in whole or in part, whichever first occurs. All reference to Contractor under this clause shall also include Contractor's employees, agents or subcontractors. Title to software shall not pass to Purchasing Entity but shall be licensed. All reference to Contractor under this clause shall also include Contractor's employees, agents or subcontractors. 5.8. SOFTWARE LICENSE AGREEMENT. If the public safety communications equipment ordered and delivered under the terms and conditions of this Cooperative Purchasing Master Agreement requires software or firmware to operate, Purchasing Entity and Contractor will mutually agree to Contractor's Software License Agreement that will apply to such transactions. Contractor's current version of the Software License Agreement is located on the NASPO ValuePoint website. Contractor's software license agreement shall not conflict with the terms and conditions of this Cooperative Purchasing Master Agreement. If there are any conflicts between the Cooperative Purchasing Master Agreement and Contractor's Software License Agreement, the Cooperative Purchasing Master Agreement shall prevail. 5.9. SUBSCRIPTION SERVICES AGREEMENT. If the public safety communications equipment ordered and delivered under the terms and conditions of this Contract requires subscription services to operate, Purchasing Entity and Contractor will mutually agree to Contractor's Subscription Services Agreement that will apply to such transactions. Contractor's current version of the Subscription Services Agreement is located on the NASPO ValuePoint website. Contractor's Subscription Services Agreement shall not conflict with the terms and conditions of this Master Agreement. If there are any conflicts between the Cooperative Purchasing Master Agreement and Contractor's Subscription Services Agreement, the Cooperative Purchasing Master Agreement shall prevail. 6. INVOICING&PAYMENT. 6.1. CONTRACTOR INVOICE. Contractor shall submit to Purchasing Entity's designated invoicing contact properly itemized invoices. Such invoices shall itemize the following: Cooperative Purchasing Master Agreement No. 00318 Contractor name, address, telephone number, and email address for billing issues (i.e., Contractor Customer Service Representative) Contractor's Federal Tax Identification Number Date(s) of delivery Applicable goods/services Invoice amount; and Payment terms, including any available prompt payment discounts. Contractor's invoices for payment shall reflect accurate Cooperative Purchasing Master Agreement prices, less discounts or lower negotiated costs. Invoices will not be processed for payment until receipt of a complete invoice as specified herein. 6.2. PAYMENT. Payment is the sole responsibility of, and will be made by, the Purchasing Entity. Payment is due within thirty (30) days of invoice. If Purchasing Entity fails to make timely payment(s), Contractor may invoice Purchasing Entity in the amount of one percent (1%) per COOPERATIVE PURCHASING MASTER AGREEMENT No.00318 PUBLIC SAFETY COMMUNICATIONS PRODUCTS,SERVICES&SOLUTIONS 13 Rev.2020-03-11)543 month on the amount overdue or a minimum of$1. Payment will not be considered late if a check or warrant is mailed within the time specified. 6.3. OVERPAYMENTS. Contractor promptly shall refund to Purchasing Entity the full amount of any erroneous payment or overpayment. Such refunds shall occur within thirty (30) days of written notice to Contractor; Provided, however, that Purchasing Entity shall have the right to elect to have either direct payments or written credit memos issued. If Contractor fails to make timely payment(s) or issuance of such credit memos, Purchasing Entity may impose a one percent (1%) per month on the amount overdue thirty (30) days after notice to the Contractor. 6.4. No ADVANCE PAYMENT. No advance payment shall be made for the products and services furnished by Contractor pursuant to this Cooperative Purchasing Master Agreement; Provided, however, that the parties agree that maintenance payments, if any, may be made on a quarterly basis at the beginning of each quarter. 6.5. No ADDITIONAL CHARGES. Unless otherwise specified herein, Contractor shall not include or impose any additional charges including, but not limited to, charges for shipping, handling, or payment processing. 6.6. TAxEs/FEES. Contractor promptly shall pay all applicable taxes on its operations and activities pertaining to this Cooperative Purchasing Master Agreement. Failure to do so shall constitute breach of this Cooperative Purchasing Master Agreement. Unless otherwise agreed, Purchasing Entity shall pay applicable sales tax imposed by the State of Washington on purchased goods and/or services. In regard to federal excise taxes, Contractor shall include federal excise taxes only if, after thirty (30) calendar days written notice to Purchasing Entity, Purchase has not provided Contractor with a valid exemption certificate from such federal excise taxes. 7. CONTRACT MANAGEMENT. 7.1. CONTRACT ADMINISTRATION & NOTICES. Except for legal notices, the parties hereby designate the following contract administrators as the respective single points of contact for purposes of this Cooperative Purchasing Master Agreement. Enterprise Services' contract administrator shall provide Cooperative Purchasing Master Agreement oversight. Contractor's contract administrator shall be Contractor's principal contact for business activities under this Cooperative Purchasing Master Agreement. The parties may change contractor administrators by written notice as set forth below. Any notices required or desired shall be in writing and sent by U.S. mail, postage prepaid, or sent via email, and shall be sent to the respective addressee at the respective address or email address set forth below or to such other address or email address as the parties may specify in writing: Enterprise Services Motorola Solutions, Inc. Attn: Contract Administrator 00318 Attn: Andrew Chyterbok Washington Dept. of Enterprise Services 500 W Monroe Street PO Box 41411 Suite 4400 Olympia, WA 98504-1411 Chicago, IL 6661-3781 Tel: (360) 407-2218 COOPERATIVE PURCHASING MASTER AGREEMENT No.00318 PUBLIC SAFETY COMMUNICATIONS PRODUCTS,SERVICES&SOLUTIONS 14 Rev.2020-03-11)544 Email: DESContractsTeamCypress@des.wa.gov Tel: (360) 409-3223 Email: andrew.chyterbok@motorolasolutions.com Notices shall be deemed effective upon the earlier of receipt, if mailed, or, if emailed, upon transmission to the designated email address of said addressee. 7.2. CONTRACTOR CUSTOMER SERVICE REPRESENTATIVE. Contractor shall designate a customer service representative (and inform Enterprise Services of the same) who shall be responsible for addressing Purchasing Entity issues pertaining to this Cooperative Purchasing Master Agreement. 7.3. LEGAL NOTICES. Any legal notices required or desired shall be in writing and delivered by U.S. certified mail, return receipt requested, postage prepaid, or sent via email, and shall be sent to the respective addressee at the respective address or email address set forth below or to such other address or email address as the parties may specify in writing: Enterprise Services Motorola Solutions, Inc. Attn: Legal Services Manager Attn: Andrew Chyterbok Washington Dept. of Enterprise 500 W Monroe Street Services Suite 4400 PO Box 41411 Chicago, IL 6661-3781 Olympia, WA 98504-1411 Email: Email: greg.tolbert@des.wa.gov andrew.chyterbok@motorolasolutions.com Notices shall be deemed effective upon the earlier of receipt when delivered, or, if mailed, upon return receipt, or, if emailed, upon transmission to the designated email address of said addressee. 8. NASPO VALUEPOINT SUMMARY AND DETAILED USAGE REPORTS. 8.1. SUMMARY SALES DATA. Contractor shall submit quarterly sales reports directly to NASPO ValuePoint using the NASPO ValuePoint Quarterly Sales/Administrative Fee Reporting Tool found at http://www.naspo.org/WNCPO/Calculator.aspx. Any/all sales made under this Cooperative Purchasing Master Agreement shall be reported as cumulative totals by state. Even if Contractor experiences zero sales during a calendar quarter, a report is still required. Reports shall be due no later than thirty (30) days following the end of the calendar quarter as specified in the reporting tool). 8.2. DETAILED SALES DATA. Contractor also shall report detailed sales data by: (1) state; 2) entity/customer type, e.g. local government, higher education, K12, non-profit; 3) Participating Entity name; (4) Participating Entity bill-to and ship-to locations; 4) Participating Entity and Contractor Purchase Order identifier/number(s); (5) Purchase Order Type (e.g. sales order, credit, return, upgrade, determined by industry practices); 6) Purchase Order date; (7) Ship Date; and (8) line item description, including product number if used. Reports are due on a quarterly basis and must be received by the Enterprise Services and NASPO ValuePoint Cooperative Development Team no later than thirty (30) days after the end of the reporting period. Reports shall be delivered to Enterprise Services and to the NASPO ValuePoint Cooperative Development Team electronically through a designated portal, email, CD-ROM, flash drive or other method as determined by Enterprise Services and NASPO ValuePoint. Detailed sales data reports shall COOPERATIVE PURCHASING MASTER AGREEMENT No.00318 PUBLIC SAFETY COMMUNICATIONS PRODUCTS,SERVICES&SOLUTIONS 15 Rev.2020-03-11)545 include sales information for all sales under Participating Addenda executed under this Cooperative Purchasing Master Agreement. 8.3. NASPO VALUEPOINT EXECUTIVE SUMMARY. Contractor shall provide the NASPO ValuePoint Cooperative Development Coordinator with an executive summary each quarter that includes, at a minimum, a list of states with an active Participating Addendum, states that Contractor is in negotiations with and any Participating Addendum roll out or implementation activities and issues. NASPO ValuePoint Cooperative Development Coordinator and Contractor will determine the format and content of the executive summary. The executive summary is due thirty (30) days after the conclusion of each calendar quarter. 8.4. REPORT OWNERSHIP. Timely submission of these reports is a material requirement of the Cooperative Purchasing Master Agreement. Enterprise Services and NASPO ValuePoint shall have a perpetual, irrevocable, non-exclusive, royalty free, transferable right to display, modify, copy, and otherwise use reports, data and information provided under this section. 8.5. CONFIDENTIALITY OF DETAILED SALES DATA AND PARTICIPATING ADDENDA. Participating Addenda, as well as Orders or transaction data relating to Orders under this Cooperative Purchasing Master Agreement that identify the entity/customer, Order dates, line item descriptions and volumes, and prices/rates, shall be Confidential Information. Contractor shall hold Confidential Information in confidence and shall not transfer or otherwise disclose Confidential Information to third parties or use Confidential Information for any purposes whatsoever other than what is necessary to the performance of Orders placed under this Cooperative Purchasing Master Agreement. Contractor shall advise each of its employees and agents of their obligations to keep Confidential Information confidential. This provision does not apply to disclosure to the Lead State, a Participating State, or any governmental entity exercising an audit, inspection, or examination pursuant to this Cooperative Purchasing Master Agreement. To the extent permitted by law, Contractor shall notify the Lead State of the identity of any entity seeking access to the Confidential Information described in this subsection. 9. NASPO VALUEPOINT COOPERATIVE PROGRAM MARKETING AND PERFORMANCE REVIEW 9.1. NASPO VALUEPOINT COOPERATIVE PROGRAM. Contractor agrees to work cooperatively with NASPO ValuePoint personnel. Contractor agrees to present plans to NASPO ValuePoint for the education of Contractor's contract administrator(s) and sales/marketing workforce regarding the Cooperative Purchasing Master Agreement, including the competitive nature of NASPO ValuePoint procurements, the Cooperative Purchasing Master Agreement and Participating Addendum process, and the manner in which qualifying entities can participate in the Cooperative Purchasing Master Agreement. 9.2. LoGos. NASPO VALUEPOINT logos may not be used by Contractor in sales and marketing until a logo use agreement is executed with NASPO ValuePoint. 9.3. ANNUAL SUPPLIER BUSINESS REVIEW. Contractor agrees to participate in an annual supplier performance review at a location (virtual or in-person) selected by Enterprise Services and NASPO ValuePoint, which may include a discussion of marketing action plans, target strategies, marketing materials, as well as Contractor reporting and timeliness of payment of administration fees. The 2022 Annual Supplier Business Review requires in-person COOPERATIVE PURCHASING MASTER AGREEMENT No.00318 PUBLIC SAFETY COMMUNICATIONS PRODUCTS,SERVICES&SOLUTIONS 16 Rev.2020-03-11)546 attendance. Any subsequent Annual Supplier Business Review meetings may be attended virtually or in-person. 10. ADMINISTRATIVE FEES. 10.1. CONTRACTOR shall pay to NASPO ValuePoint, or its assignee, a NASPO ValuePoint ADMINISTRATIVE Fee of one-quarter of one percent (0.25%) of the quarterly sales by participating state. The NASPO ValuePoint administrative fee is not negotiable. This fee may not be adjusted in any Participating Addendum. This fee is to be included as part of the pricing submitted with the bid. 10.2. Some states may require an additional fee be paid directly to the state only on purchases made by Purchasing Entities within that state. The fee level, payment method and schedule for such reports and payments will be incorporated into the Participating Addendum that is made a part of the Cooperative Purchasing Master Agreement. The Contractor may adjust the Cooperative Purchasing Master Agreement pricing accordingly for purchases made by Purchasing Entities within the jurisdiction of the state. All such agreements shall not affect the NASPO ValuePoint Administrative Fee percentage or the prices paid by the Purchasing Entities outside the jurisdiction of the state requesting the additional fee. The NASPO ValuePoint Administrative Fee set forth above shall be based on the gross amount of all sales (less any charges for taxes or shipping) at the adjusted prices (if any) in Participating Addenda. 11. RECORDS RETENTION&AUDITS. 11.1. RECORDS RETENTION. Contractor shall maintain books, records, documents, and other evidence pertaining to this Cooperative Purchasing Master Agreement and orders placed by Purchasing Entity under it to the extent and in such detail as shall adequately reflect performance and administration of payments and fees. Contractor shall retain such records for a period of six (6) years following expiration or termination of this Cooperative Purchasing Master Agreement or final payment for any order placed by a Purchasing Entity against this Cooperative Purchasing Master Agreement, whichever is later; Provided, however, that if any litigation, claim, or audit is commenced prior to the expiration of this period, such period shall extend until all such litigation, claims, or audits have been resolved. 11.2. AUDIT. Upon reasonable advance written notice, Enterprise Services reserves the right to audit, or have a designated third party audit, applicable records to ensure that Contractor has properly invoiced Purchasing Entity and that Contractor has paid all applicable vendor management fees. Accordingly, Contractor shall permit Enterprise Services, any Purchasing Entity, and any other duly authorized agent of a governmental agency, to audit, inspect examine, copy and/or transcribe Contractor's books, documents, papers and records directly pertinent to this Cooperative Purchasing Master Agreement or orders placed by a Purchasing Entity under it for the purpose of making audits, examinations, excerpts, and transcriptions. This right shall survive for a period of six (6) years following expiration or termination of this Cooperative Purchasing Master Agreement or final payment for any order placed by a Purchasing Entity against this Cooperative Purchasing Master Agreement, whichever is later; Provided, however, that if any litigation, claim, or audit is commenced prior to the expiration of this period, such period shall extend until all such litigation, claims, or audits have been resolved. COOPERATIVE PURCHASING MASTER AGREEMENT No.00318 PUBLIC SAFETY COMMUNICATIONS PRODUCTS,SERVICES&SOLUTIONS 17 Rev.2020-03-11)547 11.3. OVERPAYMENT OF PURCHASES OR UNDERPAYMENT OF FEES. Without limiting any other remedy available to any Purchasing Entity, Contractor shall reimburse Purchasing Entity for any overpayments inconsistent with the terms of this Cooperative Purchasing Master Agreement or orders, at a rate of 100% of such overpayments, found as a result of the examination of the Contractor's records. 12. INSURANCE. 12.1. REQUIRED INSURANCE. During the Term of this Cooperative Purchasing Master Agreement, Contractor, at its expense, shall maintain in full force and effect the insurance coverages set forth in Exhibit A —Insurance Requirements. All costs for insurance, including any payments of deductible amounts, shall be considered incidental to and included in the prices for goods/services and no additional payment shall be made. 12.2. WORKERS COMPENSATION. Contractor shall comply with applicable workers compensation statutes and regulations (e.g., RCW Title 51, Industrial Insurance). If Contractor fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law, Enterprise Services may terminate this Cooperative Purchasing Master Agreement. This provision does not waive any of the Washington State Department of Labor and Industries (L&I) rights to collect from Contractor. In addition, Contractor waives its immunity under RCW Title 51 to the extent it is required to indemnify, defend, and hold harmless the State of Washington and its agencies, officials, agents, or employees. 12.3. INSURANCE CERTIFICATE. Prior to commencement of performance, Contractor shall provide to Enterprise Services a Certificate of Insurance acceptable to Enterprise Services that (1) includes the State of Washington and Enterprise Services as additional insureds, (2) provides for written notice of cancellation delivered in accordance with the policy provisions, and (3) provides that the Contractor's liability insurance policy shall be primary, with any liability insurance of any Participating State as secondary and noncontributory. Unless otherwise agreed in any Participating Addendum, other state Participating Entities' rights and Contractor's obligations are the same as those specified in the first sentence of this subsection except the endorsement is provided to the applicable state. 13. PUBLIC INFORMATION. This Cooperative Purchasing Master Agreement, all related documents, and all records created as a result of the Cooperative Purchasing Master Agreement are subject to public disclosure as required by Washington's Public Records Act, RCW chapter 42.56. In addition, Participating Addendums and related records shall be subject to public disclosure as required by applicable law pertaining to such Purchasing Entity. Consistent with the Public Records Act, to the extent that any such Contractor document or record — in whole or in part — includes information exempted or protected from disclosure by the Public Records Act, Contractor may mark such document or record — the exempted or protected portions only — with the specific basis for protection under the Public Records Act. In the event that Enterprise Services receives a public records disclosure request that pertains to such properly marked documents or records, Enterprise Services shall notify Contractor of such disclosure request and of the date that the records will be released to the requester unless Contractor, at Contractor's sole expense, timely obtains a court order enjoining such disclosure. In the event Contractor fails to file a motion for a court order enjoining such disclosure, Enterprise Services shall release the requested documents on the date specified. Contractor's failure properly to identify exempted or protected information or timely COOPERATIVE PURCHASING MASTER AGREEMENT No.00318 PUBLIC SAFETY COMMUNICATIONS PRODUCTS,SERVICES&SOLUTIONS 18 Rev.2020-03-11)548 respond after notice of request for public disclosure has been given shall be deemed a waiver by Contractor of any claim that such materials are protected or exempt from disclosure. 14. DEFAULTS AND REMEDIES 14.1. SUSPENSION & TERMINATION FOR DEFAULT. Enterprise Services may suspend Contractor's operations under this Cooperative Purchasing Master Agreement immediately by written cure notice of any default. Contractor may be required to submit a written cure plan within five (5) business days of Suspension notification. Suspension shall continue until the default is remedied to Enterprise Services' reasonable satisfaction; Provided, however, that, if after thirty (30) days from such a suspension notice, Contractor remains in default, Enterprise Services may terminate Contractor's rights under this Cooperative Purchasing Master Agreement. All of Contractor's obligations to Enterprise Services and Purchasing Entity survive termination of Contractor's rights under this Cooperative Purchasing Master Agreement, until such obligations have been fulfilled. 14.2. DEFAULT. Each of the following events shall constitute default of this Cooperative Purchasing Master Agreement by Contractor: a) Contractor fails to perform or comply with any of the terms or conditions of this Cooperative Purchasing Master Agreement; b) Contractor breaches any representation or warranty provided herein; or c) Contractor enters into proceedings relating to bankruptcy, whether voluntary or involuntary. 14.3. REMEDIES for DEFAULT. a) Enterprise Services' rights to suspend and terminate Contractor's rights under this Cooperative Purchasing Master Agreement are in addition to all other available remedies. b) In the event of termination for default, Enterprise Services may exercise any remedy provided by law including, without limitation, the right to procure for all Purchasing Entity replacement goods and/or services. In such event, Contractor shall be liable to Enterprise Services for damages as authorized by law including, but not limited to, any price difference between the Cooperative Purchasing Master Agreement price and the replacement or cover price for identical equipment or services, as well as any administrative and/or transaction costs directly related to such replacement procurement — e.g., the cost of the competitive procurement. Enterprise Services or Purchasing Entity will mitigate damages and provide Contractor with detailed invoices substantiating the charges. c) Unless otherwise specified in the Participating Addendum, in the event of a default under a Participating Addendum, a Participating Entity shall provide a written notice of default as described in this section and have all of the rights and remedies under this paragraph regarding its participation in the Cooperative Purchasing Master Agreement, in addition to those set forth in its Participating Addendum. Unless otherwise specified in a Purchase Order, either Party shall provide written notice of default as described in this section and have all of the rights and remedies under this paragraph and any applicable Participating Addendum with respect to an Order. Nothing in this Cooperative Purchasing Master Agreement shall be COOPERATIVE PURCHASING MASTER AGREEMENT No.00318 PUBLIC SAFETY COMMUNICATIONS PRODUCTS,SERVICES&SOLUTIONS 19 Rev.2020-03-11)549 construed to limit the rights and remedies available to either Party under the applicable commercial code. 14.4. LIMITATION oN DAMAGES. Notwithstanding any provision to the contrary, the parties agree that in no event shall any party or Purchasing Entity be liable to the other for exemplary or punitive damages. Contractor's total liability, whether for breach of contract, strict liability in tort, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the $2,000,000 per claim or $30,000,000 aggregate liability; provided, however, that nothing contained in this Section will in any way exclude or limit Contractor's liability for all damages arising out of gross negligence, personal injury or death. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT CONTRACTOR WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS, INCONVENIENCE, LOSS OF USE, LOSS TIME, DATA, GOODWILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT, THE SALE OR USE OF THE EQUIPMENT OR SOFTWARE, OR THE PERFORMANCE OF SERVICES BY CONTRACTOR PURSUANT TO THIS AGREEMENT. This limitation of liability provision survives the expiration or termination of this Cooperative Purchasing Master Agreement and applies notwithstanding any contrary provision. No action for contract breach or otherwise relating to the transactions contemplated by this Cooperative Purchasing Master Agreement may be brought later than the limitations period specified by statute. 14.5. GOVERNMENTAL TERMINATION. a) Termination for Withdrawal of Authority. Enterprise Services may suspend or terminate this Cooperative Purchasing Master Agreement if, during the term hereof, Enterprise Services' procurement authority is withdrawn, reduced, or limited such that Enterprise Services, in its judgment, would lack authority to enter into this Cooperative Purchasing Master Agreement; Provided, however, that such suspension or termination for withdrawal of authority shall only be effective upon twenty (20) days prior written notice; and Provided further, that such suspension or termination for withdrawal of authority shall not relieve any Participating Entity or Purchasing Entity from payment for goods and/or services already ordered as of the effective date of such notice. Except as stated in this provision, in the event of such suspension or termination for withdrawal of authority, neither Enterprise Services nor any Participating Entity or Purchasing Entity shall have any obligation or liability to Contractor. Contractor will be entitled to seek a change order to the extent Contractor provides documentary evidence that Contractor has incurred additional costs as a result of the suspension including costs to demobilize and remobilize the project. b) Termination for Convenience. Enterprise Services, for convenience, may terminate this Cooperative Purchasing Master Agreement; Provided, however, that such termination for convenience must, in Enterprise Services' judgment, be in the best interest of the State of Washington; and Provided further, that such termination for convenience shall only be effective upon sixty (60) days prior written notice; and Provided further, that such termination for convenience shall not relieve any Participating Entity or Purchasing Entity from payment for goods and/or services COOPERATIVE PURCHASING MASTER AGREEMENT No.00318 PUBLIC SAFETY COMMUNICATIONS PRODUCTS,SERVICES&SOLUTIONS 20 Rev.2020-03-11)550 already ordered as of the effective date of such notice. Except as stated in this provision, in the event of such termination for convenience, neither Enterprise Services nor any Participating Entity or Purchasing Entity shall have any obligation or liability to Contractor. 15. CLAIMS. 15.1. ASSUMPTION OF RISKS; CLAIMS BETWEEN THE PARTIES. Contractor assumes sole responsibility and all risks of personal injury or property damage to itself and its employees and agents to the extent caused by its operations under this Cooperative Purchasing Master Agreement. Enterprise Services has made no representations regarding any factor affecting Contractor's risks. Contractor shall pay for all damage to any Purchasing Entity's property resulting directly or indirectly from its acts or omissions under this Cooperative Purchasing Master Agreement,to the extent attributable to negligence by Contractor or its agents. 15.2. THIRD-PARTY CLAIMS; INDEMNITY. To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless Enterprise Services, any Purchasing Entity, and NASPO Cooperative Purchasing Organization LLC (doing business as NASPO ValuePoint) (NASPO) and their respective employees and agents from and against all claims, demands, judgments, assessments, damages, penalties, fines, costs, liabilities or losses including, without limitation, sums paid in settlement of claims, attorneys' fees, consultant fees, and expert fees (collectively "claims") to the extent arising from any negligent act or omission of Contractor or its successors, agents, and subcontractors under this Cooperative Purchasing Master Agreement, except to the extent such claims are caused by Enterprise Services, any Purchasing Entity, or NASPO's' negligence. Contractor shall take all steps needed to keep Purchasing Entity's property free of liens arising from Contractor's activities, and promptly obtain or bond the release of any such liens that may be filed. Unless otherwise agreed in writing, this section is not subject to any limitations of liability in this Cooperative Purchasing Master Agreement or in any other document executed in conjunction with this Cooperative Purchasing Master Agreement. 15.3. INDEMNIFICATION — Intellectual Property. The Contractor will defend at its expense any suit brought against NASPO, NASPO ValuePoint, Participating State or Purchasing Entity, Customer") to the extent it is based on a third party claim alleging Contractor manufactured equipment or Contractor software ("Contractor Product") directly infringes a United States patent or copyright ("Intellectual Property Claim") if Contractor receives reasonably prompt written notice of such claim or suit. If the Contractor promptly and reasonably investigates and defends any Intellectual Property Claim, it shall have control over the defense and settlement of it. However, the Indemnified Party must consent in writing for any money damages or obligations for which it may be responsible. The Indemnified Party shall furnish, at the Contractor's reasonable request and expense, information and assistance necessary for such defense. If an Intellectual Property Claim occurs, or in Contractor's opinion is likely to occur, Contractor may at its option and expense: (a) procure for Customer the right to continue using the Contractor Product; (b) replace or modify the Contractor Product so that it becomes non-infringing while providing functionally equivalent performance; or (c) accept the return of the Contractor Product and grant Customer a credit for the Contractor Product, less a reasonable charge for depreciation. The depreciation amount will be calculated based upon generally accepted accounting standards. COOPERATIVE PURCHASING MASTER AGREEMENT No.00318 PUBLIC SAFETY COMMUNICATIONS PRODUCTS,SERVICES&SOLUTIONS 21 Rev.2020-03-11)551 1) The Contractor's obligations under this section shall not extend to any combination of the Product with any other product, system or method, unless the Product, system or method is: a) provided by the Contractor or the Contractor's subsidiaries or affiliates; b) modified by a third party other than Contractor c) specified by the Contractor to work with the Product; or d) reasonably required, in order to use the Product in its intended manner, and the infringement could not have been avoided by substituting another reasonably available product, system or method capable of performing the same function; or e) it would be reasonably expected to use the Product in combination with such product, system or method. This Section 15 provides Customer's sole and exclusive remedies and Contractor's entire liability in the event of an Infringement Claim. Customer has no right to recover and Contractor has no obligation to provide any other or further remedies, whether under another provision of this Agreement or any other legal theory or principle, in connection with an Infringement Claim. In addition, the rights and remedies provided in this Section 15 are subject to and limited by the restrictions set forth in Section 14.4. 16. DISPUTE RESOLUTION. The parties shall cooperate to resolve any dispute pertaining to this Cooperative Purchasing Master Agreement efficiently, as timely as practicable, and at the lowest possible level with authority to resolve such dispute. If, however, a dispute persists and cannot be resolved, it may be escalated within each organization. In such situation, upon notice by either party, each party, within five (5) business days shall reduce its description of the dispute to writing and deliver it to the other party. The receiving party then shall have three (3) business days to review and respond in writing. In the event that the parties cannot then agree on a resolution of the dispute, the parties shall schedule a conference between the respective senior managers of each organization to attempt to resolve the dispute. In the event the parties cannot agree, either party may resort to court to resolve the dispute. 17. GENERAL PROVISIONS. 17.1. TIME Is OF THE ESSENCE. Time is of the essence for each and every provision of this Cooperative Purchasing Master Agreement. 17.2. COMPLIANCE WITH LAW. Contractor shall comply with all applicable law. 17.3. INTEGRATED AGREEMENT. This Cooperative Purchasing Master Agreement constitutes the entire agreement and understanding of the parties with respect to the subject matter and supersedes all prior negotiations, representations, and understandings between them. There are no representations or understandings of any kind not set forth herein. 17.4. AMENDMENT OR MODIFICATION. Except as set forth herein, this Cooperative Purchasing Master Agreement may not be amended or modified except in writing and signed by a duly authorized representative of each party. 17.5. AUTHORITY. Each party to this Cooperative Purchasing Master Agreement, and each individual signing on behalf of each party, hereby represents and warrants to the other that COOPERATIVE PURCHASING MASTER AGREEMENT No.00318 PUBLIC SAFETY COMMUNICATIONS PRODUCTS,SERVICES&SOLUTIONS 22 Rev.2020-03-11)552 it has full power and authority to enter into this Cooperative Purchasing Master Agreement and that its execution, delivery, and performance of this Cooperative Purchasing Master Agreement has been fully authorized and approved, and that no further approvals or consents are required to bind such party. 17.6. No AGENCY. The parties agree that no agency, partnership, or joint venture of any kind shall be or is intended to be created by or under this Cooperative Purchasing Master Agreement. Neither party is an agent of the other party nor authorized to obligate it. 17.7. ASSIGNMENT. Contractor may not assign its rights under this Cooperative Purchasing Master Agreement without Enterprise Services' prior written consent and Enterprise Services may consider any attempted assignment without such consent to be void; Provided, however, that, if Contractor provides written notice to Enterprise Services within thirty (30) days, Contractor may assign its rights under this Cooperative Purchasing Master Agreement in full to any parent, subsidiary, or affiliate of Contractor that controls or is controlled by or under common control with Contractor, is merged or consolidated with Contractor, or purchases a majority or controlling interest in the ownership or assets of Contractor. Unless otherwise agreed, Contractor guarantees prompt performance of all obligations under this Cooperative Purchasing Master Agreement notwithstanding any prior assignment of its rights. 17.8. BINDING EFFECT; SUCCESSORS & ASSIGNS. This Cooperative Purchasing Master Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. 17.9. ASSIGNMENT OF ANTITRUST RIGHTS REGARDING PURCHASED GOODS/SERVICES. Contractor irrevocably assigns to Enterprise Services, on behalf of the State of Washington, any claim for relief or cause of action which the Contractor now has or which may accrue to the Contractor in the future by reason of any violation of state or federal antitrust laws in connection with any goods and/or services provided in Washington for the purpose of carrying out the Contractor's obligations under this Cooperative Purchasing Master Agreement, including, at Enterprise Services' option, the right to control any such litigation on such claim for relief or cause of action. 17.10. FEDERAL FUNDS. To the extent that any Purchasing Entity uses federal funds to purchase goods and/or services pursuant to this Cooperative Purchasing Master Agreement, such Purchasing Entity shall specify, with its order, any applicable requirement or certification that must be satisfied by Contractor at the time the order is placed or upon delivery. Contractor shall have reasonable opportunity to review, and if required, clarify such requirement or certification prior to accepting any such order. 17.11. SEVERABILITY. If any provision of this Cooperative Purchasing Master Agreement is held to be invalid or unenforceable, such provision shall not affect or invalidate the remainder of this Cooperative Purchasing Master Agreement, and to this end the provisions of this Cooperative Purchasing Master Agreement are declared to be severable. If such invalidity becomes known or apparent to the parties, the parties agree to negotiate promptly in good faith in an attempt to amend such provision as nearly as possible to be consistent with the intent of this Cooperative Purchasing Master Agreement. 17.12. WAIVER. Failure of either party to insist upon the strict performance of any of the terms and conditions hereof, or failure to exercise any rights or remedies provided herein or by law, or to notify the other party in the event of breach, shall not release the other party of any of its COOPERATIVE PURCHASING MASTER AGREEMENT No.00318 PUBLIC SAFETY COMMUNICATIONS PRODUCTS,SERVICES&SOLUTIONS 23 Rev.2020-03-11)553 obligations under this Cooperative Purchasing Master Agreement, nor shall any purported oral modification or rescission of this Cooperative Purchasing Master Agreement by either party operate as a waiver of any of the terms hereof. No waiver by either party of any breach, default, or violation of any term, warranty, representation, contract, covenant, right, condition, or provision hereof shall constitute waiver of any subsequent breach, default, or violation of the same or other term, warranty, representation, contract, covenant, right, condition, or provision. 17.13. SURVIVAL. All representations, warranties, covenants, agreements, and indemnities set forth in or otherwise made pursuant to this Cooperative Purchasing Master Agreement shall survive and remain in effect following the expiration or termination of this Cooperative Purchasing Master Agreement, Provided, however, that nothing herein is intended to extend the survival beyond any applicable statute of limitations periods. 17.14. GOVERNING LAW. The validity, construction, performance, and enforcement of this Cooperative Purchasing Master Agreement shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its choice of law rules. The validity, construction, and effect of any Participating Addendum pertaining to the Cooperative Purchasing Master Agreement or Order placed pursuant to such Participating Addendum shall be governed by and construed in accordance with the laws of the Participating Entity's or Purchasing Entity's State. 17.15. JURISDICTION &VENUE. In the event that any action is brought to enforce any provision of this Cooperative Purchasing Master Agreement, the parties agree to exclusive jurisdiction in Thurston County Superior Court for the State of Washington and agree that in any such action venue shall lie exclusively at Olympia, Washington; Provided, however, that venue for any claim, dispute, or action concerning any Order placed against the Cooperative Purchasing Master Agreement or the effect of a Participating Addendum shall be in the Purchasing Entity's State. 17.16. SOVEREIGN IMMUNITY. In no event shall this Cooperative Purchasing Master Agreement, any Participating Addendum or any Purchase Order issued thereunder, or any act of the Lead State, a Participating Entity, or a Purchasing Entity be a waiver of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the Eleventh Amendment to the Constitution of the United States or otherwise, from any claim or from the jurisdiction of any court. This section applies to a claim brought against the Participating Entities who are states only to the extent Congress has appropriately abrogated the state's sovereign immunity and is not consent by the state to be sued in federal court. 17.17. ATTORNEYS' FEES. Should any legal action or proceeding be commenced by either party in order to enforce this Cooperative Purchasing Master Agreement or any provision hereof, or in connection with any alleged dispute, breach, default, or misrepresentation in connection with any provision herein contained, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs incurred in connection with such action or proceeding, including costs of pursuing or defending any legal action, including, without limitation, any appeal, discovery, or negotiation and preparation of settlement arrangements, in addition to such other relief as may be granted. 17.18. FAIR CONSTRUCTION & INTERPRETATION. The provisions of this Cooperative Purchasing Master Agreement shall be construed as a whole according to their common meaning and not COOPERATIVE PURCHASING MASTER AGREEMENT No.00318 PUBLIC SAFETY COMMUNICATIONS PRODUCTS,SERVICES&SOLUTIONS 24 Rev.2020-03-11)554 strictly for or against any party and consistent with the provisions contained herein in order to achieve the objectives and purposes of this Cooperative Purchasing Master Agreement. Each party hereto and its counsel has reviewed and revised this Cooperative Purchasing Master Agreement and agrees that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be construed in the interpretation of this Cooperative Purchasing Master Agreement. Each term and provision of this Cooperative Purchasing Master Agreement to be performed by either party shall be construed to be both a covenant and a condition. 17.19. FURTHER ASSURANCES. In addition to the actions specifically mentioned in this Cooperative Purchasing Master Agreement, the parties shall each do whatever may reasonably be necessary to accomplish the transactions contemplated in this Cooperative Purchasing Master Agreement including, without limitation, executing any additional documents reasonably necessary to effectuate the provisions and purposes of this Cooperative Purchasing Master Agreement. 17.20. EXHIBITS. All exhibits referred to herein are deemed to be incorporated in this Cooperative Purchasing Master Agreement in their entirety. 17.21. CAPTIONS & HEADINGS. The captions and headings in this Cooperative Purchasing Master Agreement are for convenience only and are not intended to, and shall not be construed to, limit, enlarge, or affect the scope or intent of this Cooperative Purchasing Master Agreement nor the meaning of any provisions hereof. 17.22. ELECTRONIC SIGNATURES. An electronic signature of this Cooperative Purchasing Master Agreement or any other ancillary agreement shall be deemed to have the same legal effect as delivery of an original executed copy of this Cooperative Purchasing Master Agreement or such other ancillary agreement for all purposes. 17.23. COUNTERPARTS. This Cooperative Purchasing Master Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which counterparts together shall constitute the same instrument which may be sufficiently evidenced by one counterpart. Execution of this Cooperative Purchasing Master Agreement at different times and places by the parties shall not affect the validity thereof so long as all the parties hereto execute a counterpart of this Cooperative Purchasing Master Agreement. EXECUTED as of the date and year first above written. STATE OF WASHINGTON MOTOROLA SOLUTIONS, INC. DEPARTMENT OF ENTERPRISE SERVICES A DELAWARE CORPORATION By: By: AA., 7./ Elena McGrew Neil Thomas Its: Acting Statewide Enterprise Procurement Its: Regional Vice President and Director of Manager Sales COOPERATIVE PURCHASING MASTER AGREEMENT No.00318 PUBLIC SAFETY COMMUNICATIONS PRODUCTS,SERVICES&SOLUTIONS 25 Rev.2020-03-11)555 Exhibit A INSURANCE REQUIREMENTS 1. INSURANCE OBLIGATION. During the Term of this Cooperative Purchasing Master Agreement, Contractor shall possess and maintain in full force and effect, at Contractor's sole expense, the following insurance coverages: a. COMMERCIAL GENERAL LIABILITY INSURANCE. Commercial general liability insurance (and, if necessary, commercial umbrella liability insurance) covering bodily injury, property damage, products/completed operations, personal injury, and advertising injury liability on an 'occurrence form' that shall be no less comprehensive and no more restrictive than the coverage provided by Insurance Services Office (ISO) under the most recent version of form CG 00 01 in the amount of not less than $2,000,000 per occurrence and 4,000,000 general aggregate. This coverage shall include blanket contractual liability coverage. This coverage shall include a cross-liability clause or separation of insured condition. b. WORKERS' COMPENSATION INSURANCE. Contractor shall comply with applicable Workers' Compensation or Industrial Accident insurance providing benefits as required by law. C. EMPLOYERS' LIABILITY (STOP GAP) INSURANCE. Employers' liability insurance (and, if necessary, commercial umbrella liability insurance) with limits not less than $1,000,000 each accident for bodily injury by accident, $1,000,000 each employee for bodily injury by disease, and $1,000,000 bodily injury by disease policy limit. The insurance coverage limits set forth herein are required. Contractor's insurance coverage shall be the amounts specified. Coverage in the amounts of these limits, however, shall not be construed to relieve Contractor from liability in excess of such limits. Contractor waives all rights against the State of Washington for the recovery of damages to the extent such damages are covered by any insurance required herein. 2. INSURANCE CARRIER RATING. Coverages provided by the Contractor must be underwritten by an insurance company deemed acceptable to the State of Washington's Office of Risk Management. Insurance coverage shall be provided by companies authorized to do business within the State of Washington and rated A- Class VII or better in the most recently published edition of Best's Insurance Rating. Enterprise Services reserves the right to reject all or any insurance carrier(s) with an unacceptable financial rating. 3. ADDITIONAL INSURED. Commercial General Liability and, Commercial Automobile Liability, Insurance shall include the State of Washington and all authorized Purchasing Entity (and their agents, officers, and employees) as Additional Insureds evidenced by copy of the Additional Insured Endorsement attached to the Certificate of Insurance on such insurance policies. 4. CERTIFICATE OF INSURANCE. Prior to execution of the Cooperative Purchasing Master Agreement, Contractor shall furnish to Enterprise Services, as evidence of the insurance coverage required by this Cooperative Purchasing Master Agreement, a certificate of insurance satisfactory to Enterprise Services that insurance, in the above-stated kinds and amounts, have been secured. In addition, no less than five (5) days prior to coverage expiration, Contractor shall furnish to COOPERATIVE PURCHASING MASTER AGREEMENT No.00318 PUBLIC SAFETY COMMUNICATIONS PRODUCTS,SERVICES&SOLUTIONS 26 Rev.2020-03-11) 556 Enterprise Services an updated or renewed certificate of insurance, satisfactory to Enterprise Services, that insurance, in the above-stated kinds and amounts, has been secured. Failure to maintain or provide proof of insurance, as required, will result in contract cancellation. All certificates of insurance shall include the Cooperative Purchasing Master Agreement number stated on the cover of this Cooperative Purchasing Master Agreement. All certificates of Insurance and any related insurance documents shall be delivered to Enterprise Services by U.S. mail, postage prepaid, or sent via email, and shall be sent to the address or email address set forth below or to such other address or email address as Enterprise Services may specify in writing: US Mail: Contracts & Procurement—Cooperative Purchasing Master Agreement Insurance Certificate Cooperative Purchasing Master Agreement No. 00318—Public Safety Communications Products, Services and Solutions Attn: Team Cypress Washington Dept. of Enterprise Services PO Box 41411 Olympia, WA 98504-1411 Email: DESContractsTeamCypress@des.wa.gov Note: For Email notice,the Email Subject line must state: Cooperative Purchasing Master Agreement Insurance Certificate— No. 00318—Public Safety Communications Products,Services and Solutions 5. PRIMARY COVERAGE. Contractor's insurance shall apply as primary and shall not seek contribution from any insurance or self-insurance maintained by, or provided to, the additional insureds listed above including, at a minimum, the State of Washington and/or any Purchasing Entity. All insurance or self-insurance of the State of Washington and/or Purchasing Entity shall be excess of any insurance provided by Contractor or subcontractors. 6. SUBCONTRACTORS. Prior to utilizing any subcontractor, Contractor shall require any such subcontractor to provide insurance that complies with all applicable requirements of the insurance set forth herein and shall furnish separate Certificates of Insurance and endorsements for each subcontractor. Each subcontractor must comply fully with all insurance requirements stated herein. Failure of any subcontractor to comply with insurance requirements does not limit Contractor's liability or responsibility. 7. WAIVER OF SUBROGATION. Contractor waives all rights of subrogation against the State of Washington and any Purchasing Entity for the recovery of damages to the extent such damages are or would be covered by the insurance specified herein. 8. NOTICE OF CHANGE OR CANCELLATION. There shall be no cancellation without at least thirty (30) days prior written Legal Notice by Contractor to Enterprise Services. Failure to provide such notice, as required, shall constitute default by Contractor. Any such written notice shall include the Cooperative Purchasing Master Agreement number stated on the cover of this Cooperative Purchasing Master Agreement. COOPERATIVE PURCHASING MASTER AGREEMENT No.00318 PUBLIC SAFETY COMMUNICATIONS PRODUCTS,SERVICES&SOLUTIONS 27 Rev.2020-03-11) 557 9. EXTENDED REPORTING PERIOD. If any required insurance coverage is on a claims-made basis (rather than occurrence), Contractor shall maintain such coverage for a period of no less than three (3) years following expiration or termination of the Cooperative Purchasing Master Agreement. COOPERATIVE PURCHASING MASTER AGREEMENT No.00318 PUBLIC SAFETY COMMUNICATIONS PRODUCTS,SERVICES&SOLUTIONS 28 Rev.2020-03-11) 558 00318 NVP-MA Motorola Clean-20211221 MSI signed Final Audit Report 2022-01-04 Created: 2022-01-04 By: Neva Peckham(neva.peckham@des.wa.gov) Status:Signed Transaction ID: CBJCHBCAABAATm9nOYpuw4mH_AHN_nI9XZfWe7EIZrX 00318 NVP-MA Motorola Clean-20211221_MSI_signed" History Document created by Neva Peckham (neva.peckham@des.wa.gov) 2022-01-04-3:00:02 PM GMT-IP address: 198.238.242.30 Document emailed to Elena McGrew (elena.mcgrew@des.wa.gov)for signature 2022-01-04-3:01:00 PM GMT Email viewed by Elena McGrew (elena.mcgrew@des.wa.gov) 2022-01-04-4:25:28 PM GMT-IP address: 104.47.64.254 be Document e-signed by Elena McGrew (elena.mcgrew@des.wa.gov) Signature Date:2022-01-04- 10:19:39 PM GMT-Time Source:server-IP address: 198.238.242.30 O'j Agreement completed. 2022-01-04- 10:19:39 PM GMT Adobe Sign 559 COMPOSITE EXHIBIT B QUOTE NO. 2587324 AND CONSOLE PROPOSAL Piggyback Contract—Motorola Solutions 9 560 v MOTOROLA SOLUTIONS 11P , il f k ds fi' dy. Pi 41 ft- 1 ,,,.... ,i,, , r ` ! .. 4 d- 4F' _ Q e81.+_ F'# l a iii Vi ._ t of, • 4 r a 1 • 44 t x d S fit i . f ,,0- 4:, 0. i I e t it IF10SI * I v BOYNTON BEACH PD BBPD — FLEET REPLACEMENT (217 APX N70) — 07/30/2024 07/30/2024 The design,technical,pricing,and other information("Information")furnished with this submission is confidential proprietary information of Motorola Solutions,Inc.or the Motorola Solutions entity providing this quote('Motorola")and is submitted with the restriction that it is to be used for evaluation purposes only.To the fullest extent allowed by applicable law,the Information is not to be disclosed publicly or in any manner to anyone other than those required to evaluate the Information without the express written permission of Motorola MOTOROLA,MOTO,MOTOROLA SOLUTIONS,and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings,LLC and are used under license.All other trademarks are the property of their respective owners.0 2020 Motorola Solutions,Inc.All rights reserved.561 MOTOROLA SOLUTIONS QUOTE-2587324 07/30/2024 BOYNTON BEACH PD 100 E BOYNTON BEACH BLVD BOYNTON BEACH, FL 33425 RE: Motorola Quote for BBPD - FLEET REPLACEMENT (217 APX N70) -07/30/2024 Dear Karl Maracotta, Motorola Solutions is pleased to present BOYNTON BEACH PD with this quote for quality communications equipment and services. The development of this quote provided us the opportunity to evaluate your requirements and propose a solution to best fulfill your communications needs. This information is provided to assist you in your evaluation process. Our goal is to provide BOYNTON BEACH PD with the best products and services available in the communications industry. Please direct any questions to George Nassif at George.Nassif@motorolasolutions.com. We thank you for the opportunity to provide you with premier communications and look forward to your review and feedback regarding this quote. Sincerely, George Nassif 562 MOTOROLA SOLUTIONS QUOTE-2587324 BBPD - FLEET REPLACEMENT (21 APX N70) - 07/30/2024 Billing Address:Quote Date:07/30/2024 BOYNTON BEACH POLICE DEPT, Expiration Date:08/30/2024 CITY OF Quote Created By: 100 E BOYNTON BEACH BLVD George Nassif George.Nassif@BOYNTONBEACH, FL 33425 motorolasolutions.com US End Customer: BOYNTON BEACH PD Karl Maracotta MaracottaK@bbfl.us 561-742-6170 Contract: 19860 - NASPO 00318 Summary: Any sales transaction resulting from Motorola's quote is based on and subject to the applicable Motorola Standard Terms and Conditions, notwithstanding terms and conditions on purchase orders or other Customer ordering documents. Motorola Standard Terms and Conditions are found at www.motorolasolutions.com/product-terms. Line Item Number Description Qty Term List Price Sale Price APXTM' N70 APX N70 1 H35UCT9PW8AN APX N70 7/800 MODEL 4.5 217 5,014.00 3,660.22 PORTABLE 1a QA08824AA ALT: 3.0" HOLSTER 217 12.87 9.40 1 b QA09017AA ADD: LTE WITH ACTIVE 217 0.00 0.00 SERVICE AT&T US* 1c QA09030AA ADD: MOTOROLA HOSTED 217 0.00 0.00 RADIOCENTRAL W CPS* 1d QA01767BL ADD: P25 LINK LAYER 217 0.00 0.00 AUTHENTICATION 1e QA03399AK ADD: ENHANCED DATA 217 0.00 0.00 1f H499KC ENH:SUBMERSIBLE 217 0.00 0.00 DELTA T) 1g BD00001AA ADD: CORE BUNDLE 217 3,106.00 2,267.38 1h BD00010AA ADD:SECURITY BUNDLE 217 1,023.00 746.79 1i BD00037AA ADD:AUDIO BUNDLE 217 268.00 195.64 1j H38DA ADD: SMARTZONE 217 0.00 0.00 OPERATION 0 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola(the Underlying Agreement"")that authorizes Customer to purchase equipment and/or services or license software(collectively""Products"").If no Underlying Agreement exists between Motorola and Customer,then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products, Motorola Solutions,Inc:500 West Monroe,United States-60661-#.36-1115800 Page 3 563 MOTOROLA SOLUTIONS QUOTE-2587324 BBPD - FLEET REPLACEMENT (21 APX N70) - 07/30/2024 Line Item Number Description Qty Term List Price Sale Price 1k Q498BN ENH:ASTRO 25 OTAR W/ 217 0.00 0.00 M U LTIKEY 11 Q806CH ADD:ASTRO DIGITAL CAI 217 0.00 0.00 OPERATION 1m QA00580BA ADD:TDMA OPERATION 217 0.00 0.00 1n QA01648AA ADD: HW KEY 217 6.00 4.38 SUPPLEMENTAL DATA* 10 QA09113AA ADD: BASELINE RELEASE 217 0.00 0.00 SW 1p Q361 CD ADD: P25 9600 BAUD 217 0.00 0.00 TRUNKING 1q QA09001AM ADD:WIFI CAPABILITY 217 0.00 0.00 1r Q387CB ADD: MULTICAST VOTING 217 0.00 0.00 SCAN 1s QA09028AA ADD:VIQI VC RADIO 217 0.00 0.00 OPERATION 1t H797DW ENH: DVP-XL ENCRYPTION 217 0.00 0.00 AND ADP 1u Q15AK ADD: AES/DES-XL/DES-OFB 217 0.00 0.00 ENCRYPTION AND ADP 1v QA09006AA ADD:ADAPTIVE NOISE 217 0.00 0.00 SUPPRESSION 1w QA01833AH ADD: EXTREME 1-SIDED 217 0.00 0.00 NOISE REDUCTION 1x QA08676AA ADD:ADAPTIVE SPEAKER 217 0.00 0.00 VOLUME 2 LSVO1S03061A APX N70 DMS ESSENTIAL 217 5 YEARS 664.80 664.80 W ACC DMG 3 SSVO1S01407A SMARTPROGRAMMING 217 5 YEARS 375.00 375.00 4 SSVO1S01406A SMARTCONNECT 217 5 YEARS 375.00 375.00 5 SSVO1S01476A SMARTLOCATE 217 5 YEARS 375.00 375.00 6 SSVO1S01907A SMARTMAPPING 217 5YEARS 375.00 375.00 7 LSVO1S03082A RADIOCENTRAL 217 5 YEARS 160.20 160.20 PROGRAMMING 8 PMMN4142A XVP730 REMOTE SPEAKER 207 486.00 354.78 MICROPHONE NO CHANNEL KNOB, FOR APX N RADIOS 0 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola(the Underlying Agreement ")that authorizes Customer to purchase equipment and/or services or license software(collectively""Products" ) If no Underlying Agreement exists between Motorola and Customer,then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions,Inc.-.500 West Monroe,United States-60661-e 36-1115800 Page 4 564 MOTOROLA SOLUTIONS QUOTE-2587324 BBPD - FLEET REPLACEMENT (21 APX N70) - 07/30/2024 Line Item Number Description Qty Term List Price Sale Price 9 PMNN4817A BATT IMPRES 2 LIION IP68 327 248.05 181.08 4400T 10 PMPN4604A CHARGER,CHGR DESKTOP 217 207.14 151.21 SINGLE UNIT IMPRES 2 EXT US Product Services 11 LSVO1 Q00387A ASTRO TECHNICAL 1 49,000.00 $49,000.00 ASSISTANCE 12 Trade-In Expiration Date: 1 21,700.00 -$21,700.00 08/30/2024 13 Incentive WHITE GLOVE 1 30,871.25 -$30,871.25 DEPLOYMENT SERVICE UPGRADE DISCOUNT Expiration Date: 08/30/2024 14 Incentive CUSTOMER LOYALTY 1 118,278.00 -$118,278.00 DISCOUNT Expiration Date: 08/30/2024 Grand Total 2,041 ,927.71 (USD) Upfront costs include the cost of Hardware,Accessories and Implementation, where applicable. Notes: Additional information is required for one or more items on the quote for an order. Motorola's quote (Quote Number: Dated:is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the "Underlying Agreement") that authorizes Customer to purchase equipment and/or services or license software (collectively Products"). If no Underlying Agreement exists between Motorola and Customer, then the following Motorola's Standard Terms of use and Purchase Terms and Conditions govern the purchase of the Products which is found at http://www.motorolasolutions.com/product-terms. The Parties hereby enter into this Agreement as of the Effective Date. Motorola Solutions, Inc. Customer By: By: Name: Name: Title: Title: Date: Date: 0 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola(the Underlying Agreement"")that authorizes Customer to purchase equipment and/or services or license software(collectively""Products"") If no Underlying Agreement exists between Motorola and Customer,then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions,Inc.500 West Monroe,United States-60661-# 36-1115800 Page 5 565 MOTOROLA SOLUTIONS QUOTE-2587324 BBPD - FLEET REPLACEMENT (21 APX N70) - 07/30/2024 Unless otherwise noted, this quote excludes sales tax or other applicable taxes (such as Goods and Services Tax, sales tax,Value Added Tax and other taxes of a similar nature).Any tax the customer is subject to will be added to invoices. 0 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola(the Underlying Agreement"")that authorizes Customer to purchase equipment and/or services or license software(collectively""Products"").If no Underlying Agreement exists between Motorola and Customer,then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products Motorola Solutions,Inc.500 West Monroe,United States-60661-# 36-1115800 Page 6 566 0 MOTOROLA SOLUTIONS QUOTE-2587324 BBPD - FLEET REPLACEMENT 217 APX N70) - 07/30/2024 APX N70 PORTABLE RADIO SOLUTION DESCRIPTION OVERIVIEW The APX N70 offers affordable, next generation communications for without compromising + P25 interoperability or voice and data quality. It offers a durable design with "pick-up-and- go" functionality, optimizing ease-of-use and focused communications in almost all environments. DURABLE AND EASY To USE The APX N70 enhances operations with a full color transflective glass display with touch technology for easy operation with gloves on. The touchscreen includes a high velocity user interface with large touch targets, shallow menu hierarchy, home screen information at a glance, and access to integrated apps. Additionally, the N70 offers extended battery life, a shorter antenna, and Bluetooth compatibility with audio accessories, promoting efficient communications between first responders. Mission-Critical Audio For first responders in mission-critical situations, the APX N70 offers high dynamic range microphones and an adaptive sound engine that minimizes background noise and promotes clarity, amplifying intelligible voice communication between first responders. ESSENTIAL AND SECURE P25 COMMUNICATIONS it n-- The APX N70 is certified compliant with P25 standards and supports digital and analog P, n n trunking, FDMA and TDMA, and Integrated Voice and Data. P25 communications over the N70 are safe and secure—it offers software and hardware encryption, single- and multi key encryption, and P25 Authentication, protecting communications during daily operations. Reliable Connectivity Using the APX N70 lets first responders stay connected across disparate networks. It can be equipped with LTE, Wi-Fi®, Bluetooth®, and GPS features, bringing future-ready applications, services, and best-in-class connectivity to everyday users. APX N70 radios support 7/800 MHz frequency bands across radio systems with minimal intervention by the radio user. Managing and Provisioning Devices APN N70 provides users greater awareness and faster radio management through Customer Programming Software CPS"), Radio Management ("RM"), or the Radio Central programming. These tools transform accurate data into smarter action by enabling dispatchers and network managers to keep radios in the field, make informed operational decisions, and, above all, protect first responders'focus and safety. Customer Programming Service 0 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola(the Underlying Agreement"")that authorizes Customer to purchase equipment and/or services or license software(collectively""Products"").If no Underlying Agreement exists between Motorola and Customer,then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 7 567 a MOTOROLA SOLUTIONS QUOTE-2587324 BBPD - FLEET REPLACEMENT 217 APX N70) 07/30/2024 CPS is a proprietary, Windows-based application used to configure APX subscriber radios in offline situations. The CPS application offers drag-and-drop, clone-wizard, and basic import/export functions that allow for the addition of new software and feature enhancements. APX N radios can be programmed one-at-a-time on a local PC, via secure USB port connection, with TLS-PSK based encryption. Once loaded, subscriber radios are read, and edited, and copdeplugs and templates can be saved and duplicated to program other fleet radios. Radio Management Batch Programming is available through the RM software for simultaneous programming and upgrading throughout the radio fleet. With Batch Programming, up to 16 radios can be programmed at once over a Wi-Fi connection. This reduces programming time and ensures that the radio fleet is always up-to-date and ready-to-use in the field. Device Management Services Device Management Services ("DMS") packages provide programming, management, and maintenance services to maximize the effectiveness of this APX N70 solution, while reducing maintenance risk, workload, and total cost of ownership. DMS tackles a range of customer needs, whether the solution is self-maintained or managed by Motorola Solutions. Using Motorola Solutions' cloud-based Radio Central Programming, APX N70 supports faster provisioning and deployment to get devices in the hands of first responders and out into the field. Parameters such as talk groups, interface options, and security keys can be programmed remotely within minutes. The DMS package provides access to batch programming with Radio Central Programming or one-at-a-time basic programming with Customer Programming Service, described below. Radio Central Radio Central Programming streamlines the APX N70 out-of-the-box experience with a few simple steps. Users will power on the device and view a boot-up animation. Status bar icons on the front display indicate when a connection is made and an update download is initiated. If the APN N70 device is being started for the first time, a "peek-in" device management notification will indicate that the default configuration is detected. When the update download is complete, the device reboots and installs the update. When the install is complete, the device goes back to the full home screen and notifies the user that the update is complete. From power on to provisioning, the process takes less than a minute. For Encryption and Authentication users, a KVL needs to be connected to the radio to use those services. APX N70 also features Touchless Key Provisioning ("TKP"), leveraging Radio Central and Key Management Facility to add encryption keys remotely. This streamlined, one-time process reduces the time and effort spent enabling encryption. TKP delivers the initial encryption keys to APN N70 radios. Users can provision encryption on one radio or on batches of radios, further speeding up the encryption process for radio fleets. The figure below illustrates APX N70's faster provisioning process. 0 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola(the Underlying Agreement"")that authorizes Customer to purchase equipment and/or services or license software(collectively-Products"").If no Underlying Agreement exists between Motorola and Customer,then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 8 568 MOTOROLA SOLUTIONS QUOTE-2587324 BBPD - FLEET REPLACEMENT 217 APX N70) - 07/30/2024 1111E11.= Assign Devices Stage/Activate will Illi Ng MIF an ina Alarill ailliallIM Secure login ts repotted RC User erdrer mprates [Template essrgnmea mewl RC User stages batch lobs for to access RC A default APX template or starts wrth Cordrgatt bon a SW updates configuration has been default cordp cadeplugs for RC Use+uspns the ASR needs to be plugged INo created on RC for further eh the tsdas in thea Meet conhguratton to a target Iles PC to syet a job. development Fi miedit system defrndron. group of radios RC Use edmoaMedgee tone/channel,tatlgroup1 receept of radios via LI said failsoft fobs are activated. Figure 1:APX N70 Provisioning via Radio Central 0 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola(the Underlying Agreement—)that authorizes Customer to purchase equipment and/or services or license software(collectively""Products"").If no Underlying Agreement exists between Motorola and Customer,then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 9 569 MOTOROLA SOLUTIONS QUOTE-2587324 BBPD - FLEET REPLACEMENT 217 APX N70) - 07/30/2024 APX N-SERIES DEVICE MANAGEMENT SERVICES - ESSENTIAL STATEMENT OF WORK OVERVIEW Device Management Services ("DMS") efficiently maintains the Customer's device fleet while helping to keep devices up-to-date and fully operational in the field. DMS Essential services provide basic hardware and software support. This Statement of Work ("SOW"), including all of its subsections and attachments is an integral part of the applicable agreement ("Agreement") between Motorola Solutions, Inc. ("Motorola Solutions") and Customer("Customer"). In the event of a conflict between the terms and conditions of the Agreement and the terms and conditions of this SOW, this SOW will control as to the inconsistency only. The SOW applies to the device specifically named in the Agreement. HARDWARE RE PAIR Hardware Repair provides repair coverage for internal and external device components that do not work in accordance with published specifications. Repair services are performed at a Motorola Solutions-operated or supervised facility. The device will be repaired to bring it to compliance with its specifications, as published by Motorola Solutions at the time of delivery of the original device. For malfunctioning devices that must be replaced, Motorola Solutions will attempt to read the codeplugs from those devices. If successful, Motorola Solutions will load the codeplug to any replacement devices. If not, Motorola Solutions will load a factory codeplug, and the Customer will need to load the previous codeplug. Motorola Solutions will load factory available firmware to any replacement devices, which may not match the Customer's firmware version. MOTOROLA SOLUTIONS RESPONSIBILITIES Repair or replace malfunctioning device, as determined by Motorola Solutions. Complete repair or replacement with a turnaround time of five business days in-house, provided the device is delivered to the repair center by 9:00 a.m. (local repair center time). Turnaround time represents thetime a product spends in the repair process, and does not include time in transit to and from the Customer's site. Business days do not include US holidays or weekends. If applicable, apply periodically-released device updates, in accordance with an Engineering Change Notice. Provide two-way air shipping when a supported Motorola Solutions electronic system, such as MyView Portal, is used to initiate a repair. A shipping label will be generated via the electronic system. CUSTOMER RESPONSIBILITIES For non-contiguous renewals, Customer must provide a complete list, preferably in electronic format, of all hardware serial numbers to be covered under the Agreement to Motorola Solutions. Initiate device repairs, as needed. When initiating a repair via a supported Motorola Solutions electronic system, label each package correctly with the shipping label and Return Material Authorization ("RMA") number generated by the electronic system. When initiating a repair via paper Return Material Form ("RMF"), the RMF must be completed for each device, included in the package with the device, and shipped to the Motorola Solutions depot specified on the RMF. Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and 0 executed written contract between Customer and Motorola(the Underlying Agreement"'(that authorizes Customer to purchase equipment and/or services or license software(collectively""Products" ( If no Underlying Agreement exists between Motorola and Customer,then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products Page 10 570 MOTOROLA SOLUTIONS QUOTE-2587324 BBPD - FLEET REPLACEMENT 217 APX N70) 07/30/2024 Remove any data or other information from the device that the Customer wishes to destroy or retain prior to sending the device for repair. If a malfunctioning device must be replaced and the Customer has loaded information for that device to Motorola Solutions' cloud environment, the Customer will need to remove the information for the malfunctioning device and add information for the replacement device to the applicable cloud environment. LIMITATIONS AND EXCLUSIONS The Customer will incur additional charges at the prevailing rates for any activities that are not included or are specifically excluded from this service scope, as described below. Motorola Solutions will notify the Customer and provide a quotation of any incremental charges related to such exclusions prior to completing the repair and said repair will be subject to Customer's acceptance of the quotation. Replacement of consumable parts or accessories, as defined by product, including but not limited to batteries, cables, and carrying cases. Repair of problems caused by: Natural or manmade disasters, including but not limited to internal or external damage resulting from fire, theft, and floods. Third-party software, accessories, or peripherals not approved in writing by Motorola Solutions for use with the device. Using the device outside of the product's operational and environmental specifications, including improper handling, carelessness, or reckless use. Unauthorized alterations or attempted repair, or repair by a third party. Non-remedial work, including but not limited to administration and operator procedures, reprogramming, and operator or user training. Problem determination and/or work performed to repair or resolve issues with non-covered products. For example, any hardware or software products not specifically listed on the service order form are excluded from service. File backup or restoration. Completion and test of incomplete application programming or system integration if not performed by Motorola Solutions and specifically listed as covered. Accidental damage, chemical or liquid damage, or other damage caused outside of normal device operating specifications, except if optional Accidental Damage Coverage was purchased. Cosmetic imperfections that do not affect the functionality of the device. Software support for unauthorized modifications or other misuse of the device software is not covered. Motorola Solutions is not obligated to provide support for any device that has been subject to the following: Repaired, tampered with, altered or modified (including the unauthorized installation of any software)—except by Motorola Solutions authorized service personnel. Subjected to unusual physical or electrical stress, abuse, or forces or exposure beyond normal use within the specified operational and environmental parameters set forth in the applicable product specification. If the Customer fails to comply with the obligations contained in the Agreement, the applicable software license agreement, and Motorola Solutions terms and conditions of service. ACCIDENTAL DAMAGE (OPTIONAL) An add-on to Hardware Repair, Accidental Damage provides repair coverage for internal and external device components damaged due to accidents or that do not work in accordance with published specifications. Repair services are performed at a Motorola Solutions-operated or supervised facility. Accidental Damage coverage must be purchased together with, or within 90 days of, a qualifying Motorola Solutions hardware purchase. This offer reduces unexpected expenses relating to the repair of the device. Accidental Damage coverage includes all Hardware Repair services, and expands coverage to include Accidental Damage. Examples of items included under Accidental Damage Coverage are: Electrical repair for components that are not working in accordance with published specifications 0 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola(the Underlying Agreement"")that authorizes Customer to purchase equipment and/or services or license software(collectively""Products"").If no Underlying Agreement exists between Motorola and Customer,then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 11 571 0 MOTOROLA SOLUTIONS QUOTE-2587324 BBPD - FLEET REPLACEMENT 217 APX N70) - 07/30/2024 Electrical repair for failures caused by accidental water damage. Electrical repair for accidental internal damage. Replacement of accidentally cracked or broken housings. Replacement of accidentally cracked or broken displays. Replacement of accidentally cracked or broken or missing keypads/buttons. For malfunctioning devices that must be replaced, Motorola Solutions will attempt to read the codeplugs from those devices. If successful, Motorola Solutions will load the codeplug to any replacement devices. If not, Motorola Solutions will load a factory codeplug, and the Customer will need to load the previous codeplug. Motorola Solutions will load factory available firmware to any replacement devices, which may not match the Customer's firmware version. The Customer may need to downgrade the firmware on the replacement device. Added Motorola Solutions Responsibilities for Accidental Damage Repair or replace accidentally damaged device, as determined by Motorola Solutions. Limitations and Exclusions In addition to applicable Limitations and Exclusions for Hardware Repair, Accidental Damage limits or excludes the following: There is a limit of one device repair per device/per contract year with Accidental Damage coverage. This exclusion does not apply to repairs to malfunctioning components. Motorola Solutions will repair malfunctioning components covered by the standard Hardware Repair service as needed. Where ongoing "accidental damage" is deemed by Motorola Solutions to be excessive, systemic or the result of device mishandling, the Customer may be subject to an additional charge. Should the accidental damage continue unabated, the Customer will incur repair charges at Motorola Solutions' discretion and prevailing charges for devices deemed by Motorola Solutions to have been damaged through improper handling, carelessness, or reckless use. Accidental Damage is quoted on a per-unit basis, is prepaid, non-cancellable, and non-refundable for the purchased service term. DEVICETECHNICALSUPPORT Motorola Solutions' Device Technical Support service provides telephone consultation for device and accessory issues. Support is delivered through the Motorola Solutions Centralized Managed Support Operations ("CMSO") organization by a staff of technical support specialists. For Device Technical Support, Motorola Solutions will respond to calls within two (2) hours during the support days. Support hours are 7 a.m. to 7 p.m. CST Monday through Friday, excluding US holidays. In addition, Customers may contact the Call Management Center (800-MSI-HELP) at any time (24 hours a day, seven days a week) and a Motorola Solutions representative will log a technical request in Motorola Solutions Case Management System on the Customer's behalf. MOTOROLA SOLUTIONS RESPONSIBILITIES Provide technical support for devices, assessing and troubleshooting reported issues. Receive and log Customer support requests, and assign a technical representative to respond to a Customer incident per the defined timeframes. CUSTOMER RESPONSIBILITIES 0 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola(the Underlying Agreement''(that authorizes Customer to purchase equipment and/or seryices or license software(collectively""Products"").If no Underlying Agreement exists between Motorola and Customer,then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products Page 12 572 0 MOTOROLA SOLUTIONS QUOTE-2587324 BBPD - FLEET REPLACEMENT 217 APX N70) 07/30/2024 Use the provided methods to contact Motorola Solutions technical support. Provide sufficient information to allow Motorola Solutions technical support agents to diagnose and resolve Customer issues. Provide contact information for field service technicians in the event that Motorola Solutions has to follow up. LIMITATIONS AND EXCLUSIONS Device support does not include Land Mobile Radio ("LMR") network, Wi-Fi, and LTE network troubleshooting. Software Maintenance Motorola Solutions is continually developing new features and functionality for our portfolio of public-safety-grade radios. By purchasing software maintenance, the Customer can take advantage of these firmware releases and future-proof their communications investment. MOTOROLA SOLUTIONS RESPONSIBILITIES Test all firmware releases to minimize software defects. Announce new firmware releases and post release notes in a timely manner via MyView Portal. Provide firmware updates. Motorola Solutions makes no guarantees as to the frequency or timing of firmware updates. Provide upgrade capability through supported Programming Tools. Provide programming and service tools and technical support through the firmware support window. Provide documentation via MyView Portal with each release detailing new features, bug fixes, and any known issues. CUSTOMER RESPONSIBILITIES Periodically check MyView Portal for firmware update announcements. Keep the radio fleet updated with firmware versions within the support window. MyView Portal Access MyView Portal is the single location to track the status of subscriptions and service contracts, including start and end dates. This portal includes order, RMA, and technical support ticket status, as well as a consolidated download site for software and documentation. Outside of pre-announced maintenance periods, MyView Portal will be available on a best effort 24/7 basis. Motorola Solutions cannot guarantee the availability of Internet networks outside of our control. MOTOROLA SOLUTIONS RESPONSIBILITIES Provide a web accessible, secure portal to view the Customer's data. Provide the Customer with login credentials for the site. Provide end-user training for the site. Provide technical support to answer end user questions between the hours of 8 a.m. to 5 p.m. CST Monday through Friday, excluding US holidays. Keep the site updated with the latest Customer information. CUSTOMER RESPONSIBILITIES Provide Motorola Solutions with contact information for administrative users. 0 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola(the Underlying Agreement"")that authorizes Customer to purchase equipment and/or services or license software(collectively""Products'l").If no Underlying Agreement exists between Motorola and Customer,then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products Page 13 573 02 MOTOROLA SOLUTIONS QUOTE-2587324 BBPD - FLEET REPLACEMENT 217 APX N70) - 07/30/2024 Administer user access. Provide Internet access for users to access the site. Attend available MyView Portal training. Protect login information against unauthorized use. Provide Motorola Solutions with updated equipment information, as needed. 0 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola(the Underlying Agreement""(that authorizes Customer to purchase equipment and/or services or license software(collectively""Products ") If no Underlying Agreement exists between Motorola and Customer,then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products Page 14 574 Motorola Solutions, Inc. 500 W Monroe Street, Ste 4000 MOTOROLA SOLUTIONS Chicago, IL 60661-3781 USA July 18, 2024 Boynton Beach Police Department Attention: Chief Zeller 2100 High Ridge Road Boynton Beach, Florida 33426 BOYNTON BEACH POLICE DEPARTMENT APX N70 RADIO FLEET REFRESH, TWO (2) MCC 7500 E DISPATCH CONSOLES, AND FIVE (5) MCC 7500 VPM TO MCC 7500 E DISPATCH CONSOLES UPGRADES PROPOSAL SUMMARY: Dear Chief Zeller, Motorola Solutions, Inc. ("Motorola") is pleased to have the opportunity to provide the City of Boynton Beach with quality communications equipment and services. Below is the breakdown of the negotiated pricing and time-based incentives. City of Boynton Beach Police Department radios per CPQ quote, QUOTE-2587324, valued at $2,041,927.71. This includes all quoted APX N70 hardware, accessories, software, deployment, five (5) years of APX Smart Applications (Smart Connect, Smart Programming, Smart Locate, and Smart Mapping), five (5) years of 4G LTE cellular data plan, and five (5) years of accidental protection. City of Boynton Beach Dispatch Consoles per proposal dated 06/07/2024 valued at 364,447.00. This includes all quoted hardware, accessories, software, deployment, and one (1) year of maintenance. City of Boynton Beach's current radio fleet trade-in discount ($21,700.00) Service Discount ($30,871.25). Technology Discount ($118,278.00). July 18, 2024 575 Motorola Solutions, Inc. 500 W Monroe Street, Ste 4000 MOTOROLA SOLUTIONS Chicago, IL 60661-3781 USA PRICE SUMMARY List Price NASPO Contract Price Police Radios 2,826,471.52 2,212,776.96 Dispatch Consoles 406,484.00 364,447.00 Subtotal Price 3,232,955.52 2,577,223.96 Radio Trade-in Discount 21,700.00 Service Discount 30,871.25 Technology Discount 118,278.00 Grand Total Sale Price 2,406,374.71 Technology Credit 1,065,185.00) Effective Price 1,341,189.71 CONTRACT TERMS All Pricing, Terms & Conditions per NASPO Valuepoint Contract#00318 EQUIPMENT DELIVERY All equipment will be scheduled to ship on or after August 15, 2025, and invoiced on October 1, 2025. ORDERING DOCUMENTS The City of Boynton Beach may execute this offer by delivering a purchase order (PO) to Motorola Solutions, Inc. July 18, 2024 576 MOTOROLA SOLUTIONS 4114,. 1 tet s 7/" 14.' 410000. 4. I: , 3r•`.yam dre ri Ali'-,- - Proposal City of Boynton Beach onso e ions July 30th. 2024 The design, technical, and price information furnished with this proposal is proprietary information of Motorola Solutions, Inc. Motorola). Such information is submitted with the restriction that it is to be used only for the evaluation of the proposal, and is not to be disclosed publicly or in any manner to anyone other than those required to evaluate the proposal,without the express written permission of Motorola Solutions, Inc. MOTOROLA, MOTO, MOTOROLA SOLUTIONS, and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are the property of their respective owners.©2024 Motorola Solutions, Inc. All rights reserved. PS-000174140 577 Motorola Solutions, Inc. 500 W Monroe Street, Ste 4000 MOTOROLA SOLUTIONS Chicago, IL 60661-3781 USA July 30, 2024 Boynton Beach Police Department Attention: Karl Maracotta 2100 High Ridge Road Boynton Beach, Florida 33426 Subject: BOYNTON BEACH MCC7500E CONSOLES Dear Mr. Maracotta, Motorola Solutions, Inc. ("Motorola") is pleased to have the opportunity to provide the Boynton Beach Police Department with quality communications equipment and services. The Motorola Solutions project team has taken great care to propose a solution that will meet your needs and provide unsurpassed value. To best meet the functional and operational specifications of this solicitation, our solution includes a combination of equipment and services. TWO (2) NEW MCC7500 E CONSOLES FIVE (5) CONSOLES UPGRADE FROM MCC7500 VPM TO MCC7500 E The MCC7500 E consoles are forecasted to remain in support through 2030. Once the consoles have reached end-of-life status they can continue to be supported on a commercially reasonable effort depending on parts availability. This proposal consists of this cover letter together with its Exhibits. This proposal shall remain valid for a period of 60 days from the date of this cover letter. This equipment provision described in the proposal, shall be governed by the terms and conditions stated in the NASPO Cooperative Purchasing Master Agreement NO. 00318. Boynton Beach Police Department may accept the proposal by delivering to Motorola a Purchase Order (PO) or the included Notice to Proceed (NTP). Alternatively, Motorola Solutions would be pleased to address any concerns that the Boynton Beach Police Department may have regarding the proposal. Any questions can be directed to your Motorola Account Executive, George Nassif at (954) 605-8196. We thank you for the opportunity to furnish the Boynton Beach Police Department with Best-in-Class" solutions and we hope to strengthen our relationship by implementing this project. We aim to provide you with the best products and services in the communications industry. Sincerely, Motorola Solutions, Inc. Danny Sanchez Florida Territory Vice President 578 City of Boynton Beach July 30th.2024 Console Additions Table of Contents Section 1 System Description 2 1.1 Proposed Solution 2 1.2 MCC 7500E Console Operation Position 2 Section 2 Statement of Work 5 2.1 Motorola Responsibilities 5 2.2 City of Boynton Beach Responsibilities 5 2.3 Assumptions 6 Section 3 Acceptance Test Plan 7 Section 4 Service/Warranty 8 Section 5 Pricing Summary 9 5.1 Equipment and Installation 9 Section 6 Contractual Documentation 10 Table of Contents 0 MOTOROLA SOLUTIONS Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 1 579 City of Boynton Beach July 30th.2024 Console Additions Section 1 System D 1 .1 Proposed Solution The proposed solution will offer the City of Boynton Beach with two (2) new MCC 7500E dispatch positions. There are operational issues with co-locating the MCC7500 VPM and the MCC7500E consoles. The MCC7500 has a dedicated voice processing module (VPM) hardware so it processes audio slightly quicker than the MCC7500E. If the consoles are in the same room it results in audio issues that create an echo and interference to dispatchers. Because of this known issue, included in the solution is upgrading five (5) existing MCC 7500 Voice Processor Modules (VPM) to MCC7500E. This will allow (2) new MCC7500E positions to be added to the Boynton Beach dispatch, converting the site entirely to the MCC7500E platform without mixing the two dispatch console types. The list below summarizes the proposed console equipment as well as peripherals: Two (2) New MCC 7500E Dispatch Positions CommandCentral Hub 22" Non-touch Monitor 160 Radio Resource Capability License ADP/AES/DES-OFB Encryption Capabilities Two (2) MSI Purpose Built USB Speaker USB Microphone Dual Headset Jacks Enhanced Instant Recall Recorder Footswitch CRYPTR Hardware Key Spares Five (5) Upgraded MCC 7500E Dispatch Positions CommandCentral Hub Two (2) MSI Purpose Built USB Speaker USB Microphone CRYPTR Hardware Key 1 .2 MCC 7500E Console Operation Position The dispatch position supports commercially available accessories, including a USB microphone, USB headset, and USB footswitch, as shown in the figure titled "MCC 7500E Dispatch Position." The following list describes the components included in the proposed configuration. System Description Q MOTOROLA SOLUTIONS Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 2 580 City of Boynton Beach July 30th.2024 Console Additions THE MCC 7500E DISPATCH CONSOLE Desktop Headset Jack Microphone Computer External TelephoneaDisplaySystem Desktop Desktop External PagingSpeakerSpeakerCommandCentralHubEncoder 4111, Instant Recall Recorder Footswitch Local Logging Recorder Figure 1-1: The MCC 7500E Dispatch Position supports multiple accessories. CommandCentral Hub The CommandCentral Hub functions as a purpose built device capable of both running the dispatch software as well as routing audio from the dispatcher to and from the radio system. The CC Hub will replace the VPM and the PC on the MCC 7500 positions and will save space on the desktop. The CC Hub is a Motorola designed and developed appliance that will be used in all dispatch console designs for many years to come. Computer Display The dispatch position will use a 22-inch "non-touch" Computer Display. Enhanced Integrated Instant Recall Recorder (IRR) The Enhanced IRR seamlessly integrates with the dispatch position's software, allowing audio and call data from any radio or telephony resource to be recorded and easily played back. Call data includes PTT IDs, name of resource, start time and date, and stop time and date. Two (2) analog inputs are available for use with recording audio from external devices. Two (2) analog audio speakers are included with IRR. Desktop Speakers Two (2) audio speakers have been included with each dispatch position and can be configured to transmit audio from a specific talkgroup or set of talkgroups. Each speaker is a self-contained unit, with individual volume controls, and can be placed on a desktop or mounted on a rack or computer display. Headset Jack The dispatch positions will support two (2) headset jacks, both push-to-talk (PTT) and non-PTT- enabled, for simultaneous use by the dispatcher and a supervisor. The headset jack contains two (2) volume controls for the separate adjustment of received radio and telephone audio. Headset The proposed headset consists of two (2) elements. The headset base includes an audio amplifier, a Push-to-Talk switch, and a long cord that connects to the dispatch position. The headset top consists of the earpiece and microphone, as well as a short cable that connects to the headset base. USB Microphone The microphone controls the dispatch position's general transmit and monitor features through two (2) buttons on its base. The microphone can be fastened down or left loose. It can be used alone or in conjunction with a headset. System Description Q MOTOROLA SOLUTIONS Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 3 581 City of Boynton Beach July 30th.2024 Console Additions Footswitch Each dispatch position includes a dual pedal footswitch that controls general transmit and monitor functions. Telephone Headset Interface Port The telephone/headset port provides a connection for an external telephone to the dispatch position. This allows the operator to use a single headset to communicate on both the radio system and a telephone system. System Description Q MOTOROLA SOLUTIONS Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 4 582 City of Boynton Beach July 30th.2024 Console Additions Section 2 Statement of Work Motorola is proposing to the City of Boynton Beach the installation and configuration of the following equipment at the specified locations. Site Name Major Equipment Boynton Beach PD Dispatch Install two (2) MCC7500E Consoles Boynton Beach PD Dispatch Upgrade five (5) MCC7500 Consoles to MCC7500E The document delineates the general responsibilities between Motorola and City of Boynton Beach as agreed to by contract. 2.1 Motorola Responsibilities Motorola's general responsibilities include the following: Perform the installation of the Motorola-supplied equipment described above. Schedule the implementation in agreement with the City of Boynton Beach. Coordinate the activities of all Motorola subcontractors under this contract. Administer safe work procedures for installation. Provide the City of Boynton Beach with the appropriate system interconnect specifications. 2.2 City of Boynton Beach Responsibilities The City of Boynton Beach will assume responsibility for the installation and performance of all other equipment and work necessary for completion of this project that is not provided by Motorola. General responsibilities for the City of Boynton Beach include the following: Provide all buildings, equipment shelters, and towers required for system installation. Ensure communications sites meet space, grounding, power, and connectivity requirements for the installation of all equipment. Obtain all licensing, site access, or permitting required for project implementation. Obtain frequencies for project as required. Provide required system interconnections. The City of Boynton Beach will provide a dedicated delivery point, such as a warehouse, for receipt, inventory, and storage of equipment prior to delivery to the site(s). Coordinate the activities of all City of Boynton Beach vendors or other contractors. Statement of Work Q MOTOROLA SOU/TIONS Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 5 583 City of Boynton Beach July 30th.2024 Console Additions 2.3 Assumptions Motorola has made several assumptions in preparing this proposal, which are noted below. In order to provide a firm quote, Motorola will need to verify all assumptions or seek alternate solutions in the case of invalid assumptions. All existing sites or equipment locations will have sufficient space available for the system described as required/specified by R56. All existing sites or equipment locations will have adequate electrical power in the proper phase and voltage, and site grounding to support the requirements of the system described. Any site/location upgrades or modifications are the responsibility of the City of Boynton Beach. Approved local, State, or Federal permits as may be required for the installation and operation of the proposed equipment are the responsibility of the City of Boynton Beach. Any required system interconnections not specifically outlined here will be provided by the City of Boynton Beach. These may include dedicated phone circuits, microwave links, or other types of connectivity. No coverage guarantee is included in this proposal. Motorola is not responsible for interference caused or received by the Motorola-provided equipment except for interference that is directly caused by the Motorola-provided transmitter(s) to the Motorola-provided receiver(s). Should the City of Boynton Beach system experience interference, Motorola can be contracted to investigate the source and recommend solutions to mitigate the issue. The pricing quoted assumes adequate physical space, HVAC and electrical requirements for the new equipment. No UPS devices are included in this pricing. MCC 7500 VPM to MCC 7500E: Reuse existing console peripherals with the exception of the quoted speakers and microphone. It is believed that there are available ports for the two new console positions. No KVL5000 quoted. Statement of Work Q MOTOROLA SOLUTIONS Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 6 584 City of Boynton Beach July 30th.2024 Console Additions Section 3 Acceptance Test Plan System Acceptance of the proposed solution will occur upon successful completion of a Functional Acceptance Test Plan (FATP), which will test the features, functions, and failure modes for the installed equipment in order to verify that the solution operates according to its design. This plan will validate that the City of Boynton Beach's solution will operate according to its design, and increase the efficiency and accuracy of the final installation activities. A detailed FATP will be developed and finalized during project implementation. Acceptance Test Plan Q MOTOROLA SOLUTIONS Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 7 585 City of Boynton Beach July 30th.2024 Console Additions Section 4 Service/Warranty Motorola will provide a one-year warranty for its equipment. After warranty expiration, the equipment will be added to the City of Boynton Beach's existing Service Agreement. Service/Warranty Q MOTOROLA SOLUTIONS Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 8 586 City of Boynton Beach July 30th.2024 Console Additions Section 5 PricingSummary Motorola is pleased to provide the following equipment and services to the City of Boynton Beach. 5.1 Equipment and Installation Description Price ($) Equipment 252,766 Implementation and Warranty Services 153,718 Subtotal 406,484 Contract Discount 42,037) Total System 364,447 This proposal is subject to the terms and conditions of Motorola Solutions' XXXXX contract and this pricing is valid through XX##, 202#. Payment Milestones Except for a payment that is due on the Effective Date, Customer will make payments to Motorola within thirty 30) days after the date of each invoice. Customer will make payments when due in the form of a check, cashier's check, or wire transfer drawn on a U.S. financial institution. If Customer has purchased additional Professional or Subscription services, payment will be in accordance with the applicable addenda. Payment for the System purchase will be in accordance with the following milestones. System Purchase (excluding Subscribers, if applicable) 1. 50% due upon Contract Execution; and 2. 50% due upon Final Acceptance If Subscribers are purchased, 100% of the Subscriber Contract Price will be invoiced upon shipment (as shipped). Motorola reserves the right to make partial shipments of equipment and to invoice upon shipment of such equipment. In addition, Motorola reserves the right to invoice for installations completed on a site-by-site basis, when applicable. The value of the equipment shipped/services performed will be determined by the value shipped/services performed as a percentage of the total milestone value. Unless otherwise specified, contract discounts are based upon all items proposed and overall system package. For invoicing purposes only, discounts will be applied proportionately to the FNE and Subscriber equipment values to total contract price. For Lifecycle Support Plan and Subscription Based Services: Motorola will invoice Customer annually in advance of each year of the plan. Pricing Summary Q MOTOROLA SOLUTIONS Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 9 587 City of Boynton Beach July 30th.2024 Console Additions Section 6 Contractual Documentation All terms and conditions per NASPO Contract No. 00318. Contractual Documentation Q MOTOROLA SOLUTIONS Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Page 10 588 589 590 591 592 593 594 595 596 597 598 599 600 601 602 603 604 605 606 607 608 609 610 611 612 613 614 615 616 617 618 Category Part Number Description Unit List Discount Sale Price Category 1.1 Radio: Single-Band Portable Radio (P25) APX900 H92UCF9PW6AN APX900 7/800 MODEL 2 $1,974.00 27%$1,441.02 QA04096 P25 TRUNKING $1,177.00 27%$859.21 QA06653 AES 256 SW ENCRYPTION $358.00 27%$261.34 Category 1.1 Radio: Single-Band Portable Radio (P25) APX900 Warranty Options H885 3 YEAR ESSENTIAL SERVICE $133.00 0%$133.00 Q887 5 YEAR ESSENTIAL SERVICE $222.00 0%$222.00 Category 1.1 Radio: Single-Band Portable Radio (P25) APX6000 H98UCF9PW6BN APX6000 700/800 MODEL 2.5 PORTABLE $3,595.00 27%$2,624.35 Q361 P25 9600 BAUD TRUNKING $330.00 27%$240.90 H38 ADD: SMARTZONE OPERATION $1,320.00 27%$963.60 Q806 ASTRO DIGITAL $567.00 27%$413.91 Q629 AES ENCRYPTION $523.00 27%$381.79 Category 1.1 Radio: Single-Band Portable Radio (P25) APX600 Warranty Options Q58 3 YEAR ESSENTIAL SERVICE $184.00 0%$184.00 Q887 5 YEAR ESSENTIAL SERVICE $306.00 0%$306.00 Category 1.2 Radio: Single-Band Mobile Radio (P25) APX1500 M36URS9PW1BN APX1500 ENHANCED 7/800 MHZ MOBILE $1,932.00 27%$1,410.36 GA01547 AES 256 SW ENCRYPTION $523.00 27%$381.79 GA00235 NO GPS ANTENNA $0.00 27%$0.00 G66 DASH MOUNT O2 $138.00 27%$100.74 B18 AUXILIARY SPEAKER 7.5W NON WATER $66.00 27%$48.18 GA00804 O2 CONTROL HEAD $541.00 27%$394.93 G89 NO RF ANTENNA $0.00 27%$0.00 GA01339 P25 TRUNKING $1,177.00 27%$859.21 G444 CONTROL HEAD SOFTWARE $0.00 27%$0.00 W22 STANDARD PALM MICROPHONE $79.00 27%$57.67 Category 1.2 Radio: Single-Band Mobile Radio (P25) APX1500 Warranty Options G24 3 YEAR ESSENTIAL SERVICE $216.00 0%$216.00 GA00318 5 YEAR ESSENTIAL SERVICE $360.00 0%$360.00 Category 1.2 Radio: Single-Band Mobile Radio (P25) APX6500 M25URS9PW1BN APX6500 ENHANCED 7/800 MHZ MOBILE $3,383.00 27%$2,469.59 G66 DASH MOUNT $138.00 27%$100.74 G51 SMARTZONE $1,320.00 27%$963.60 GA01606 NO GPS ANTENNA $0.00 27%$0.00 B18 AUXILIARY SPEAKER 7.5W NON WATER $66.00 27%$48.18 G843 AES ENCRYPTION $523.00 27%$381.79 G89 NO RF ANTENNA $0.00 27%$0.00 G444 CONTROL HEAD SOFTWARE $0.00 27%$0.00 G806 ASTRO DIGITAL $567.00 27%$413.91 GA01670 APX E5 CONTROL HEAD $717.00 27%$523.41 W22 STANDARD PALM MICROPHONE $79.00 27%$57.67 G361 P25 TRUNKING $330.00 27%$240.90 Category 1.2 Radio: Single-Band Mobile Radio (P25) APX6500 Warranty Options G78 3 YEAR ESSENTIAL SERVICE $288.00 0%$288.00 GA00318 5 YEAR ESSENTIAL SERVICE $480.00 0%$480.00 619 Category 1.3 Radio: Single-Band Desktop Radio (P25) APX1500 M36URS9PW1BN APX1500 ENHANCED 7/800 MHZ MOBILE $1,932.00 27%$1,410.36 GA01547 AES 256 SW ENCRYPTION $523.00 27%$381.79 GA00235 NO GPS ANTENNA $0.00 27%$0.00 G66 DASH MOUNT O2 $138.00 27%$100.74 G142 NO SPEAKER $0.00 27%$0.00 GA00804 O2 CONTROL HEAD $541.00 27%$394.93 G89 NO RF ANTENNA $0.00 27%$0.00 GA01339 P25 TRUNKING $1,177.00 27%$859.21 G444 CONTROL HEAD SOFTWARE $0.00 27%$0.00 W382 CONTROL STATION DESK MIC $186.00 27%$135.78 W665 BASE STATION OP $77.00 27%$56.21 Category 1.3 Radio: Single-Band Desktop Radio (P25) APX1500 Warranty Options G24 3 YEAR ESSENTIAL SERVICE $216.00 0%$216.00 GA00318 5 YEAR ESSENTIAL SERVICE $360.00 0%$360.00 Category 1.4 Radio: Multi-Band Portable Radio (P25) APX8000 H91TGD9PW5AN APX8000 7/800 MODEL 1.5 $7,138.00 27%$5,210.74 Q806 ASTRO DIGITAL $567.00 27%$413.91 Q361 P25 TRUNKING $330.00 27%$240.90 H38 SMARTZONE $1,650.00 27%$1,204.50 Q629 AES $523.00 27%$381.79 Category 1.4 Radio: Multi-Band Portable Radio (P25) APX8000 Warranty Options Q58 3 YEAR ESSENTIAL SERVICE $184.00 0%$184.00 Q887 5 YEAR ESSENTIAL SERVICE $306.00 0%$306.00 Category 1.4 Radio: Multi-Band Portable Radio (P25) APXNEXT Device H55TGT9PW8AN APX NEXT $8,241.00 27%$6,015.93 H38 SMARTZONE $1,650.00 27%$1,204.50 Q806 ASTRO DIGITAL $567.00 27%$413.91 Q629 AES $523.00 27%$381.79 Q361 P25 TRUNKING $330.00 27%$240.90 Category 1.4 Radio: Multi-Band Portable Radio (P25) APX NEXT Warranty Options LSV01S01414 3 YEAR ESSENTIAL SERVICE $206.00 0%$206.00 LSV01S01414 5 YEAR ESSENTIAL SERVICE $344.00 0%$344.00 Category 1.5 Radio: Multi-Band Mobile Radio (P25) APX8500 M37TSS9PW1AN APX8500 MP MOBILE $5,894.00 27%$4,302.62 G66 DASH MOUNT $138.00 27%$100.74 G51 SMARTZONE $1,650.00 27%$1,204.50 GA01606 NO GPS ANTENNA $0.00 27%$0.00 B18 AUXILIARY SPEAKER 7.5W NON WATER $66.00 27%$48.18 G843 AES ENCRYPTION $523.00 27%$381.79 G89 NO RF ANTENNA $0.00 27%$0.00 G444 APX CONTROL HEAD SOFTWARE $0.00 27%$0.00 GA01517 NO ADAPTER CABLE $0.00 27%$0.00 GA01670 E5 CONTROL HEAD $717.00 27%$523.41 W22 STANDARD PALM MICROPHONE $79.00 27%$57.67 G361 P25 TRUNKING SOFTWARE $330.00 27%$240.90 G806 ASTRO DIGITAL $567.00 27%$413.91 620 Category 1.5 Radio: Multi-Band Mobile Radio (P25) APX8500 Warranty Options G87 3 YEAR ESSENTIAL SERVICE $288.00 0%$288.00 GA00318 5 YEAR ESSENTIAL SERVICE $480.00 0%$480.00 Category 1.6 Radio: Multi-Band Desktop Radio (P25) APX8500 M37TSS9PW1AN APX8500 MP MOBILE $5,894.00 27%$4,302.62 W665 BASE STATION OP $77.00 27%$4,136.91 G66 DASH MOUNT $138.00 27%$100.74 G51 SMARTZONE $1,650.00 27%$1,204.50 GA00235 NO GPS ANTENNA $0.00 27%$0.00 G142 NO SPEAKER $0.00 27%$48.18 G843 AES ENCRYPTION $523.00 27%$381.79 G89 NO RF ANTENNA $0.00 27%$0.00 G444 APX CONTROL HEAD SOFTWARE $0.00 27%$0.00 GA01517 NO ADAPTER CABLE $0.00 27%$0.00 GA01670 E5 CONTROL HEAD $717.00 27%$523.41 W382 CONTROL STATION DESK MIC $186.00 27%$57.67 G361 P25 TRUNKING SOFTWARE $330.00 27%$240.90 G806 ASTRO DIGITAL $567.00 27%$413.91 Category 1.6 Radio: Multi-Band Desktop Radio (P25) APX8500 Warranty Options G87 3 YEAR ESSENTIAL SERVICE $288.00 0%$288.00 GA00318 5 YEAR ESSENTIAL SERVICE $480.00 0%$480.00 Category 1.7 Base Station Repeater T7039 GTR8000 BASE RADIO $0.00 20%$0.00 CA03863 ASTRO SYSTEM RELEASE $0.00 20%$0.00 X530 VHF BAND $6,300.00 20%$5,040.00 X591 ASTRO 25 SITE REPEATER SW $25,000.00 20% $20,000.00 Category 2.1 Radio: Narrow Band Portable, Non P25 H84UCD9PW5AN APX1000 $1,391.00 27%$1,015.43 QA04097 CONVENTIONAL $385.00 27%$281.05 Q667 ADP $0.00 27%$0.00 Category 2.1 Radio: Narrow Band Portable, Non P25 Warranty Options H885 3 YEAR ESSENTIAL SERVICE $133.00 0%$133.00 Q887 5 YEAR ESSENTIAL SERVICE $222.00 0%$222.00 Category 2.2 Radio: Narrow Band Mobile, Non P25 M36URS9PW1BN APX1500 ENHANCED 7/800 MHZ MOBILE $1,932.00 27%$1,410.36 G193 ADP $0.00 27%$0.00 GA00235 NO GPS ANTENNA $0.00 27%$0.00 G66 DASH MOUNT O2 $138.00 27%$100.74 B18 AUXILIARY SPEAKER 7.5W NON WATER $66.00 27%$48.18 GA00804 O2 CONTROL HEAD $541.00 27%$394.93 G89 NO RF ANTENNA $0.00 27%$0.00 Q811 CONVENTIONAL $811.00 27%$592.03 G444 CONTROL HEAD SOFTWARE $0.00 27%$0.00 W22 STANDARD PALM MICROPHONE $79.00 27%$57.67 Category 2.2 Radio: Narrow Band Mobile, Non P25 Warranty Options G24 3 YEAR ESSENTIAL SERVICE $216.00 0%$216.00 GA00318 5 YEAR ESSENTIAL SERVICE $360.00 0%$360.00 621 Category 2.3 Radio: Narrow Band Desktop Radio Non P25 APX1500 M36URS9PW1BN APX1500 ENHANCED 7/800 MHZ MOBILE $1,932.00 27%$1,410.36 G193 ADP $0.00 27%$0.00 GA00235 NO GPS ANTENNA $0.00 27%$0.00 G66 DASH MOUNT O2 $138.00 27%$100.74 G142 NO SPEAKER $0.00 27%$0.00 GA00804 O2 CONTROL HEAD $541.00 27%$394.93 G89 NO RF ANTENNA $0.00 27%$0.00 Q811 CONVENTIONAL $811.00 27%$592.03 G444 CONTROL HEAD SOFTWARE $0.00 27%$0.00 W382 CONTROL STATION DESK MIC $186.00 27%$135.78 W665 BASE STATION OP $77.00 27%$56.21 Category 2.3 Radio: Narrow Band Desktop Radio Non P25 APX1500 Warranty Options G24 3 YEAR ESSENTIAL SERVICE $216.00 0%$216.00 GA00318 5 YEAR ESSENTIAL SERVICE $360.00 0%$360.00 Category 2.4 Base Station Repeater T7039 GTR8000 BASE RADIO $0.00 20%$0.00 CA03863 ASTRO SYSTEM RELEASE $0.00 20%$0.00 X530 VHF BAND $6,300.00 20%$5,040.00 CA01949 CONVENTIONAL $7,450.00 20%$5,960.00 Category 4 Dispatch Consoles B1949 MCC 7500E SOFTWARE DVD $250.00 15%$212.50 B1948 MCC 7500E DISPATCH POSITION LICENSE $0.00 15%$0.00 UA00249AA ADD: 15 RADIO RESOURCES LICENSE $3,675.00 15%$3,123.75 UA00655AA ADD: ADVANCED CONVENTIONAL OPERATIO $3,960.00 15%$3,366.00 UA00653AA ADD: BASIC CONSOLE OPERATION $5,280.00 15%$4,488.00 UA00661AA ADD: ENHANCED IRR $3,000.00 15%$2,550.00 UA00657AA ADD: TELEPHONY OPERATION $1,200.00 15%$1,020.00 B1956 COMMANDCENTRAL HUB, W/CLIENT PC $5,250.00 15%$4,462.50 TT3903B Z2 G5 MINI WORKSTATION NON RETURNAB $2,500.00 15%$2,125.00 T7885 MCAFEE WINDOWS AV CLIENT $165.00 15%$140.25 T7449 WINDOWS SUPPLEMENTAL TRANS CONFIG $50.00 15%$42.50 Category Radio System Solutions Conventional Sample T7039 GTR 8000 Base Radio $0.00 20%$0.00 CA03863 ADD: ASTRO SYSTEM RELEASE 2022.1 $0.00 20%$0.00 CA01948AA ADD: DIGITAL CONVENTIONAL SOFTWARE $16,900.00 20%$13,520.00 X153AW ADD: RACK MOUNT HARDWARE $50.00 20%$40.00 X530BG ADD: VHF (136-174 MHZ)$6,300.00 20%$5,040.00 T7039 GTR 8000 Base Radio $0.00 20%$0.00 CA03863 ADD: ASTRO SYSTEM RELEASE 2022.1 $0.00 20%$0.00 CA01948AA ADD: DIGITAL CONVENTIONAL SOFTWARE $16,900.00 20%$13,520.00 X153AW ADD: RACK MOUNT HARDWARE $50.00 20%$40.00 X530BG ADD: VHF (136-174 MHZ)$6,300.00 20%$5,040.00 T7039 GTR 8000 Base Radio $0.00 20%$0.00 CA03863 ADD: ASTRO SYSTEM RELEASE 2022.1 $0.00 20%$0.00 CA01948AA ADD: DIGITAL CONVENTIONAL SOFTWARE $16,900.00 20%$13,520.00 X153AW ADD: RACK MOUNT HARDWARE $50.00 20%$40.00 622 X530BG ADD: VHF (136-174 MHZ)$6,300.00 20%$5,040.00 T7039 GTR 8000 Base Radio $0.00 20%$0.00 CA03863 ADD: ASTRO SYSTEM RELEASE 2022.1 $0.00 20%$0.00 CA01948AA ADD: DIGITAL CONVENTIONAL SOFTWARE $16,900.00 20%$13,520.00 X153AW ADD: RACK MOUNT HARDWARE $50.00 20%$40.00 X530BG ADD: VHF (136-174 MHZ)$6,300.00 20%$5,040.00 DSDS4345D4B DS4345D-4-B, 148-160MHZ 4 CH TX COM $15,024.00 10%$13,521.60 DSDSRMC0608AA RMC06, 8 CH HIGH GAIN AMP UNIV RMC $3,624.00 10%$3,261.60 DSMWF1BUN 137-174MHZ UNI WINDOW MILLED FILTER $3,611.00 10%$3,249.90 DSDS1F00P36UM 150-164 MHZ, VHF ANTENNA, OMNIDIREC $1,980.00 10%$1,782.00 DSAT012J50 AT012J50, 1/2" TRANSMISSION LINE,50 $2.15 10%$1.72 DSDMA01250B 7/16 DIN MALE FOR 1/2 CABLE (USE WI $35.25 10%$31.73 DSNMA01250B N MALE FOR 1/2 CABLE (USE WITH CT01 $25.25 10%$22.73 DSVHF50DMAPGR RF SPD, 100-512MHZ, DC BLOCK HIGH P $208.00 10%$187.20 SQM01SUM0237 SINGLE ZONE CONV NON-RED CORE $26,943.00 20%$21,554.40 CA01663AB ADD: RACK $495.00 20%$396.00 CA01896AB ADD: BACKHAUL SWITCH $3,259.00 20%$2,607.20 SQM01SUM0205 GGM 8000 GATEWAY $5,250.00 15%$4,462.50 CA01616AA ADD: AC POWER $0.00 15%$0.00 CA02141AA ADD: LOW DENSITY ENH CONV GATEWAY $3,000.00 15%$2,550.00 DS430501A04SH SHORT HAUL CONTROL STATION COMBINER $1,925.00 10%$1,732.50 DSAT012J50 AT012J50, 1/2" TRANSMISSION LINE,50 $2.15 10%$1.72 DSIS50NXC2MA RF SPD, 125-1000MHZ DC BLOCK FLANGE $87.00 10%$78.30 DSNMA01250B N MALE FOR 1/2 CABLE (USE WITH CT01 $35.25 10%$31.73 DSNFA01250B N FEMALE FOR 1/2 CABLE (USE WITH CT $39.00 10%$35.10 DSDS1X00CS36UN 148-174MHZ UNITY GAIN CONTROL STATI $1,237.00 10%$1,113.30 Category Radio System Solutions Trunking Sample SQM01SUM7054 GTR 8000 EXPANDABLE SITE SUBSYSTEM $6,000.00 20%$4,800.00 CA00303AA ADD: QTY (1) SITE CONTROLLER $2,500.00 20%$2,000.00 CA03863AA ADD: ASTRO SYSTEM RELEASE 2022.1 $0.00 20%$0.00 CA01402AA ADD: 7.0 FT OPEN RACK $495.00 20%$396.00 CA01431AA ADD: ASTRO 25 EXPRESS SYSTEM SITE $7,500.00 20%$6,000.00 CA02686AA ADD: AC DC POWER DISTRIBUTION $0.00 20%$0.00 X304AE ADD: QTY (4) GTR 8000 BASE RADIOS $23,600.00 20%$18,880.00 X591AE ENH: ASTRO 25 SITE REPEATER SW $25,000.00 20%$20,000.00 X530BG ADD: VHF (136-174 MHZ)$6,300.00 20%$5,040.00 DSDSRMC0608AA RMC06, 8 CH HIGH GAIN AMP UNIV RMC $3,624.00 10%$3,261.60 DSDS4345D4B DS4345D-4-B, 148-160MHZ 4 CH TX COM $15,024.00 10%$13,521.60 DSDS1F00P36UM 150-164 MHZ, VHF ANTENNA, OMNIDIREC $1,980.00 10%$1,782.00 DSMWF1BUN 137-174MHZ UNI WINDOW MILLED FILTER $3,611.00 10%$3,249.90 DSVHF50DMAPGR RF SPD, 100-512MHZ, DC BLOCK HIGH P $208.00 10%$187.20 DSAT012J50 AT012J50, 1/2" TRANSMISSION LINE,50 $2.15 10%$1.94 DSDMA01250B 7/16 DIN MALE FOR 1/2 CABLE (USE WI $35.25 10%$31.73 DSNMA01250B N MALE FOR 1/2 CABLE (USE WITH CT01 $35.25 10%$31.73 SQM01SUM0237 SINGLE ZONE CONV NON-RED CORE $26,943.00 20%$21,554.40 CA01663AB ADD: RACK $495.00 20%$396.00 CA01896AB ADD: BACKHAUL SWITCH $3,259.00 20%$2,607.20 623 SQM01SUM0205 GGM 8000 GATEWAY $5,250.00 10%$4,725.00 CA01616AA ADD: AC POWER $0.00 10%$0.00 CA02141AA ADD: LOW DENSITY ENH CONV GATEWAY $3,000.00 10%$2,700.00 DS430501A04SH SHORT HAUL CONTROL STATION COMBINER $1,925.00 10%$1,732.50 DSAT012J50 AT012J50, 1/2" TRANSMISSION LINE,50 $2.15 10%$1.94 DSIS50NXC2MA RF SPD, 125-1000MHZ DC BLOCK FLANGE $87.00 10%$78.30 DSNMA01250B N MALE FOR 1/2 CABLE (USE WITH CT01 $35.25 10%$31.73 DSNFA01250B N FEMALE FOR 1/2 CABLE (USE WITH CT $39.00 10%$35.10 DSDS1X00CS36UN 148-174MHZ UNITY GAIN CONTROL STATI $1,237.00 10%$1,113.30 Services Consultation 240.00$ Per hour Project Management 240.00$ Per hour Impementation 240.00$ Per hour Installation 240.00$ Per hour Configuration/Desgin 240.00$ Per hour Radio Programming 240.00$ Per hour Product Recycling/Buy Back No Cost Training 320.00$ Per hour Maintenance/Repair 240.00$ Per hour Encryption (AES-256 software upgrade, single-key 135.00$ Per hour Encryption (AES-256 software upgrade, multi-key 145.00$ Per hour Customer Service Support, regular business hours 240.00$ Per hour Customer Service Support, after-hours business hours 240.00$ Per hour Technical Support, regular business hours 240.00$ Per hour Technical Support, after-hours 240.00$ Per hour Other (Cybersecurity, Microwave propration Study, Essential Services, Premier offerings, etc.)240.00$ Per hour Additional Items APX Radio Software Features and Accessories 27% Discount off List Alternative APX Radio Single or Multi-Band Radio 27% Discount off List GTR8000 Base Station Software Features and Accessories 20% Discount off List MCC7500 Console Software Features and Accessories 15% Discount off List Conventional and Trunked Radio System Network Management, Data, and Interoperability Applications20% Discount off List Conventional and Trunked Radio System Combiner and Antenna Systems 10% Discount off List 624 Category Part Number Description Unit List Discount Sale Price Category 1.1 Radio: Single-Band Portable Radio (P25) APX900 H92UCF9PW6AN APX900 7/800 MODEL 2 $1,898.00 27%$1,385.54 QA04096 P25 TRUNKING $1,177.00 27%$859.21 QA06653 AES 256 SW ENCRYPTION $358.00 27%$261.34 Category 1.1 Radio: Single-Band Portable Radio (P25) APX900 Warranty Options H885 3 YEAR ESSENTIAL SERVICE $95.00 0%$95.00 Q887 5 YEAR ESSENTIAL SERVICE $170.00 0%$170.00 Category 1.1 Radio: Single-Band Portable Radio (P25) APX6000 H98UCF9PW6BN APX6000 700/800 MODEL 2.5 PORTABLE $3,595.00 27%$2,624.35 Q361 P25 9600 BAUD TRUNKING $330.00 27%$240.90 H38 ADD: SMARTZONE OPERATION $1,320.00 27%$963.60 Q806 ASTRO DIGITAL $567.00 27%$413.91 Q629 AES ENCRYPTION $523.00 27%$381.79 Category 1.1 Radio: Single-Band Portable Radio (P25) APX600 Warranty Options Q58 3 YEAR ESSENTIAL SERVICE $121.00 0%$121.00 Q887 5 YEAR ESSENTIAL SERVICE $227.00 0%$227.00 Category 1.2 Radio: Single-Band Mobile Radio (P25) APX1500 M36URS9PW1BN APX1500 ENHANCED 7/800 MHZ MOBILE $1,858.00 27%$1,356.34 GA01547 AES 256 SW ENCRYPTION $523.00 27%$381.79 GA00235 NO GPS ANTENNA $0.00 27%$0.00 G66 DASH MOUNT O2 $138.00 27%$100.74 B18 AUXILIARY SPEAKER 7.5W NON WATER $66.00 27%$48.18 GA00804 O2 CONTROL HEAD $541.00 27%$394.93 G89 NO RF ANTENNA $0.00 27%$0.00 GA01339 P25 TRUNKING $1,177.00 27%$859.21 G444 CONTROL HEAD SOFTWARE $0.00 27%$0.00 W22 STANDARD PALM MICROPHONE $79.00 27%$57.67 Category 1.2 Radio: Single-Band Mobile Radio (P25) APX1500 Warranty Options G24 3 YEAR ESSENTIAL SERVICE $145.00 0%$145.00 GA00318 5 YEAR ESSENTIAL SERVICE $271.00 0%$271.00 Category 1.2 Radio: Single-Band Mobile Radio (P25) APX6500 M25URS9PW1BN APX6500 ENHANCED 7/800 MHZ MOBILE $3,253.00 27%$2,374.69 G66 DASH MOUNT $138.00 27%$100.74 625 G51 SMARTZONE $1,320.00 27%$963.60 GA01606 NO GPS ANTENNA $0.00 27%$0.00 B18 AUXILIARY SPEAKER 7.5W NON WATER $66.00 27%$48.18 G843 AES ENCRYPTION $523.00 27%$381.79 G89 NO RF ANTENNA $0.00 27%$0.00 G444 CONTROL HEAD SOFTWARE $0.00 27%$0.00 G806 ASTRO DIGITAL $567.00 27%$413.91 GA01670 APX E5 CONTROL HEAD $717.00 27%$523.41 W22 STANDARD PALM MICROPHONE $79.00 27%$57.67 G361 P25 TRUNKING $330.00 27%$240.90 Category 1.2 Radio: Single-Band Mobile Radio (P25) APX6500 Warranty Options G78 3 YEAR ESSENTIAL SERVICE $176.00 0%$145.00 GA00318 5 YEAR ESSENTIAL SERVICE $352.00 0%$271.00 Category 1.3 Radio: Single-Band Desktop Radio (P25) APX1500 M36URS9PW1BN APX1500 ENHANCED 7/800 MHZ MOBILE $1,858.00 27%$1,356.34 GA01547 AES 256 SW ENCRYPTION $523.00 27%$381.79 GA00235 NO GPS ANTENNA $0.00 27%$0.00 G66 DASH MOUNT O2 $138.00 27%$100.74 G142 NO SPEAKER $0.00 27%$0.00 GA00804 O2 CONTROL HEAD $541.00 27%$394.93 G89 NO RF ANTENNA $0.00 27%$0.00 GA01339 P25 TRUNKING $1,177.00 27%$859.21 G444 CONTROL HEAD SOFTWARE $0.00 27%$0.00 W382 CONTROL STATION DESK MIC $186.00 27%$135.78 W665 BASE STATION OP $77.00 27%$56.21 Category 1.3 Radio: Single-Band Desktop Radio (P25) APX1500 Warranty Options G24 3 YEAR ESSENTIAL SERVICE $145.00 0%$145.00 GA00318 5 YEAR ESSENTIAL SERVICE $271.00 0%$271.00 Category 1.4 Radio: Multi-Band Portable Radio (P25) APX8000 H91TGD9PW5AN APX8000 7/800 MODEL 1.5 $6,863.00 27%$5,009.99 Q806 ASTRO DIGITAL $567.00 27%$413.91 Q361 P25 TRUNKING $330.00 27%$240.90 H38 SMARTZONE $1,650.00 27%$1,204.50 Q629 AES $523.00 27%$381.79 626 Category 1.4 Radio: Multi-Band Portable Radio (P25) APX8000 Warranty Options Q58 3 YEAR ESSENTIAL SERVICE $121.00 0%$145.00 Q887 5 YEAR ESSENTIAL SERVICE $227.00 0%$271.00 Category 1.4 Radio: Multi-Band Portable Radio (P25) APXNEXT Device H55TGT9PW8AN APX NEXT $8,241.00 27%$6,015.93 H38 SMARTZONE $1,650.00 27%$1,204.50 Q806 ASTRO DIGITAL $567.00 27%$413.91 Q629 AES $523.00 27%$381.79 Q361 P25 TRUNKING $330.00 27%$240.90 Category 1.4 Radio: Multi-Band Portable Radio (P25) APX NEXT Warranty Options LSV01S01414 3 YEAR ESSENTIAL SERVICE $162.00 0%$145.00 LSV01S01414 5 YEAR ESSENTIAL SERVICE $324.00 0%$271.00 Category 1.5 Radio: Multi-Band Mobile Radio (P25) APX8500 M37TSS9PW1AN APX8500 MP MOBILE $5,667.00 27%$4,136.91 G66 DASH MOUNT $138.00 27%$100.74 G51 SMARTZONE $1,650.00 27%$1,204.50 GA01606 NO GPS ANTENNA $0.00 27%$0.00 B18 AUXILIARY SPEAKER 7.5W NON WATER $66.00 27%$48.18 G843 AES ENCRYPTION $523.00 27%$381.79 G89 NO RF ANTENNA $0.00 27%$0.00 G444 APX CONTROL HEAD SOFTWARE $0.00 27%$0.00 GA01517 NO ADAPTER CABLE $0.00 27%$0.00 GA01670 E5 CONTROL HEAD $717.00 27%$523.41 W22 STANDARD PALM MICROPHONE $79.00 27%$57.67 G361 P25 TRUNKING SOFTWARE $330.00 27%$24.09 G806 ASTRO DIGITAL $567.00 27%$413.91 Category 1.5 Radio: Multi-Band Mobile Radio (P25) APX8500 Warranty Options G87 3 YEAR ESSENTIAL SERVICE $176.00 0%$176.00 GA00318 5 YEAR ESSENTIAL SERVICE $352.00 0%$271.00 Category 1.6 Radio: Multi-Band Desktop Radio (P25) APX8500 M37TSS9PW1AN APX8500 MP MOBILE $5,667.00 27%$4,136.91 W665 BASE STATION OP $77.00 27%$4,136.91 G66 DASH MOUNT $138.00 27%$100.74 G51 SMARTZONE $1,650.00 27%$1,204.50 627 GA00235 NO GPS ANTENNA $0.00 27%$0.00 G142 NO SPEAKER $0.00 27%$48.18 G843 AES ENCRYPTION $523.00 27%$381.79 G89 NO RF ANTENNA $0.00 27%$0.00 G444 APX CONTROL HEAD SOFTWARE $0.00 27%$0.00 GA01517 NO ADAPTER CABLE $0.00 27%$0.00 GA01670 E5 CONTROL HEAD $717.00 27%$523.41 W382 CONTROL STATION DESK MIC $186.00 27%$57.67 G361 P25 TRUNKING SOFTWARE $330.00 27%$24.09 G806 ASTRO DIGITAL $567.00 27%$413.91 Category 1.6 Radio: Multi-Band Desktop Radio (P25) APX8500 Warranty Options G87 3 YEAR ESSENTIAL SERVICE $176.00 0%$176.00 GA00318 5 YEAR ESSENTIAL SERVICE $352.00 0%$271.00 Category 1.7 Base Station Repeater T7039 GTR8000 BASE RADIO $0.00 20%$0.00 CA00719 ASTRO SYSTEM RELEASE $0.00 20%$0.00 X530 VHF BAND $6,300.00 20%$5,040.00 X591 ASTRO 25 SITE REPEATER SW $21,760.00 20%$17,408.00 Category 2.1 Radio: Narrow Band Portable, Non P25 H84UCD9PW5AN APX1000 $1,391.00 27%$1,015.43 QA04097 CONVENTIONAL $385.00 27%$281.05 Q667 ADP $0.00 27%$0.00 Category 2.1 Radio: Narrow Band Portable, Non P25 Warranty Options H885 3 YEAR ESSENTIAL SERVICE $95.00 0%$95.00 Q887 5 YEAR ESSENTIAL SERVICE $170.00 0%$170.00 Category 2.2 Radio: Narrow Band Mobile, Non P25 M36URS9PW1BN APX1500 ENHANCED 7/800 MHZ MOBILE $1,858.00 27%$1,356.34 G193 ADP $0.00 27%$0.00 GA00235 NO GPS ANTENNA $0.00 27%$0.00 G66 DASH MOUNT O2 $138.00 27%$100.74 B18 AUXILIARY SPEAKER 7.5W NON WATER $66.00 27%$48.18 GA00804 O2 CONTROL HEAD $541.00 27%$394.93 G89 NO RF ANTENNA $0.00 27%$0.00 Q811 CONVENTIONAL $811.00 27%$592.03 628 G444 CONTROL HEAD SOFTWARE $0.00 27%$0.00 W22 STANDARD PALM MICROPHONE $79.00 27%$57.67 Category 2.2 Radio: Narrow Band Mobile, Non P25 Warranty Options G24 3 YEAR ESSENTIAL SERVICE $145.00 0%$145.00 GA00318 5 YEAR ESSENTIAL SERVICE $271.00 0%$271.00 Category 2.3 Radio: Narrow Band Desktop Radio Non P25 APX1500 M36URS9PW1BN APX1500 ENHANCED 7/800 MHZ MOBILE $1,858.00 27%$1,356.34 G193 ADP $0.00 27%$0.00 GA00235 NO GPS ANTENNA $0.00 27%$0.00 G66 DASH MOUNT O2 $138.00 27%$100.74 G142 NO SPEAKER $0.00 27%$0.00 GA00804 O2 CONTROL HEAD $541.00 27%$394.93 G89 NO RF ANTENNA $0.00 27%$0.00 Q811 CONVENTIONAL $811.00 27%$592.03 G444 CONTROL HEAD SOFTWARE $0.00 27%$0.00 W382 CONTROL STATION DESK MIC $186.00 27%$135.78 W665 BASE STATION OP $77.00 27%$56.21 Category 2.3 Radio: Narrow Band Desktop Radio Non P25 APX1500 Warranty Options G24 3 YEAR ESSENTIAL SERVICE $145.00 0%$145.00 GA00318 5 YEAR ESSENTIAL SERVICE $271.00 0%$271.00 Category 2.4 Base Station Repeater T7039 GTR8000 BASE RADIO $0.00 20%$0.00 CA00719 ASTRO SYSTEM RELEASE $0.00 20%$0.00 X530 VHF BAND $6,300.00 20%$5,040.00 CA01949 CONVENTIONAL $6,700.00 20%$5,360.00 Category 4 Dispatch Consoles B1949 MCC 7500E SOFTWARE DVD $250.00 15%$212.50 B1948 MCC 7500E DISPATCH POSITION LICENSE $0.00 15%$0.00 UA00249AA ADD: 15 RADIO RESOURCES LICENSE $3,675.00 15%$3,123.75 UA00655AA ADD: ADVANCED CONVENTIONAL OPERATIO $3,960.00 15%$3,366.00 UA00653AA ADD: BASIC CONSOLE OPERATION $5,280.00 15%$4,488.00 UA00661AA ADD: ENHANCED IRR $3,000.00 15%$2,550.00 UA00657AA ADD: TELEPHONY OPERATION $1,200.00 15%$1,020.00 B1941 USB AUDIO INTERFACE MODULE $1,900.00 15%$1,615.00 629 TT3903A Z2 G5 MINI WORKSTATION NON RETURNAB $2,500.00 15%$2,125.00 T7885 MCAFEE WINDOWS AV CLIENT $165.00 15%$140.25 T7449 WINDOWS SUPPLEMENTAL TRANS CONFIG $50.00 15%$42.50 Category Radio System Solutions Conventional Sample T7039 GTR 8000 Base Radio $0.00 20%$0.00 CA00719AA ADD: ASTRO SYSTEM RELEASE 2019.2 $0.00 20%$0.00 CA01948AA ADD: DIGITAL CONVENTIONAL SOFTWARE $12,500.00 20%$10,000.00 X153AW ADD: RACK MOUNT HARDWARE $50.00 20%$40.00 X530BG ADD: VHF (136-174 MHZ)$6,300.00 20%$5,040.00 T7039 GTR 8000 Base Radio $0.00 20%$0.00 CA00719AA ADD: ASTRO SYSTEM RELEASE 2019.2 $0.00 20%$0.00 CA01948AA ADD: DIGITAL CONVENTIONAL SOFTWARE $12,500.00 20%$10,000.00 X153AW ADD: RACK MOUNT HARDWARE $50.00 20%$40.00 X530BG ADD: VHF (136-174 MHZ)$6,300.00 20%$5,040.00 T7039 GTR 8000 Base Radio $0.00 20%$0.00 CA00719AA ADD: ASTRO SYSTEM RELEASE 2019.2 $0.00 20%$0.00 CA01948AA ADD: DIGITAL CONVENTIONAL SOFTWARE $1,250.00 20%$1,000.00 X153AW ADD: RACK MOUNT HARDWARE $50.00 20%$40.00 X530BG ADD: VHF (136-174 MHZ)$6,300.00 20%$5,040.00 T7039 GTR 8000 Base Radio $0.00 20%$0.00 CA00719AA ADD: ASTRO SYSTEM RELEASE 2019.2 $0.00 20%$0.00 CA01948AA ADD: DIGITAL CONVENTIONAL SOFTWARE $12,500.00 20%$10,000.00 X153AW ADD: RACK MOUNT HARDWARE $50.00 20%$40.00 X530BG ADD: VHF (136-174 MHZ)$6,300.00 20%$5,040.00 DSDS4345D4B DS4345D-4-B, 148-160MHZ 4 CH TX COM $15,024.00 10%$13,521.60 DSDSRMC0608AA RMC06, 8 CH HIGH GAIN AMP UNIV RMC $3,624.00 10%$3,261.60 DSMWF1BUN 137-174MHZ UNI WINDOW MILLED FILTER $3,611.00 10%$3,249.90 DSDS1F00P36UM 150-164 MHZ, VHF ANTENNA, OMNIDIREC $1,980.00 10%$1,782.00 DSAT012J50 AT012J50, 1/2" TRANSMISSION LINE,50 $2.20 10%$1.98 DSDMA01250B 7/16 DIN MALE FOR 1/2 CABLE (USE WI $35.25 10%$31.73 DSNMA01250B N MALE FOR 1/2 CABLE (USE WITH CT01 $25.25 10%$22.73 DSVHF50DMAPGR RF SPD, 100-512MHZ, DC BLOCK HIGH P $166.00 10%$149.40 SQM01SUM0237 SINGLE ZONE CONV NON-RED CORE $24,950.00 20%$19,960.00 CA01663AB ADD: RACK $495.00 20%$396.00 630 CA01896AB ADD: BACKHAUL SWITCH $2,250.00 20%$1,800.00 SQM01SUM0205 GGM 8000 GATEWAY $5,250.00 15%$4,462.50 CA01616AA ADD: AC POWER $0.00 15%$0.00 CA02141AA ADD: LOW DENSITY ENH CONV GATEWAY $3,000.00 15%$2,550.00 DS430501A04SH SHORT HAUL CONTROL STATION COMBINER $1,638.00 10%$1,474.20 DSAT012J50 AT012J50, 1/2" TRANSMISSION LINE,50 $2.20 10%$1.98 DSIS50NXC2MA RF SPD, 125-1000MHZ DC BLOCK FLANGE $73.00 10%$65.70 DSNMA01250B N MALE FOR 1/2 CABLE (USE WITH CT01 $35.25 10%$31.73 DSNFA01250B N FEMALE FOR 1/2 CABLE (USE WITH CT $35.25 10%$31.73 DSDS1X00CS36UN 148-174MHZ UNITY GAIN CONTROL STATI $1,237.00 10%$1,113.30 Category Radio System Solutions Trunking Sample SQM01SUM7054 GTR 8000 EXPANDABLE SITE SUBSYSTEM $6,000.00 20%$4,800.00 CA00303AA ADD: QTY (1) SITE CONTROLLER $2,500.00 20%$2,000.00 CA00719AA ADD: ASTRO SYSTEM RELEASE 2019.2 $0.00 20%$0.00 CA01402AA ADD: 7.0 FT OPEN RACK $495.00 20%$396.00 CA01431AA ADD: ASTRO 25 EXPRESS SYSTEM SITE $7,500.00 20%$6,000.00 CA02686AA ADD: AC DC POWER DISTRIBUTION $0.00 20%$0.00 X304AE ADD: QTY (4) GTR 8000 BASE RADIOS $23,600.00 20%$18,880.00 X591AE ENH: ASTRO 25 SITE REPEATER SW $21,760.00 20%$17,408.00 X530BG ADD: VHF (136-174 MHZ)$6,300.00 20%$5,040.00 DSDSRMC0608AA RMC06, 8 CH HIGH GAIN AMP UNIV RMC $3,624.00 10%$3,261.60 DSDS4345D4B DS4345D-4-B, 148-160MHZ 4 CH TX COM $15,024.00 10%$13,521.60 DSDS1F00P36UM 150-164 MHZ, VHF ANTENNA, OMNIDIREC $1,980.00 10%$1,782.00 DSMWF1BUN 137-174MHZ UNI WINDOW MILLED FILTER $3,611.00 10%$3,249.90 DSVHF50DMAPGR RF SPD, 100-512MHZ, DC BLOCK HIGH P $189.00 10%$170.10 DSAT012J50 AT012J50, 1/2" TRANSMISSION LINE,50 $2.00 10%$1.80 DSDMA01250B 7/16 DIN MALE FOR 1/2 CABLE (USE WI $35.25 10%$31.73 DSNMA01250B N MALE FOR 1/2 CABLE (USE WITH CT01 $35.25 10%$31.73 SQM01SUM0237 SINGLE ZONE CONV NON-RED CORE $24,950.00 20%$19,960.00 CA01663AB ADD: RACK $495.00 20%$396.00 CA01896AB ADD: BACKHAUL SWITCH $2,250.00 20%$1,800.00 SQM01SUM0205 GGM 8000 GATEWAY $5,250.00 10%$4,725.00 CA01616AA ADD: AC POWER $0.00 10%$0.00 CA02141AA ADD: LOW DENSITY ENH CONV GATEWAY $3,000.00 10%$2,700.00 631 DS430501A04SH SHORT HAUL CONTROL STATION COMBINER $1,638.00 10%$1,474.20 DSAT012J50 AT012J50, 1/2" TRANSMISSION LINE,50 $2.00 10%$1.80 DSIS50NXC2MA RF SPD, 125-1000MHZ DC BLOCK FLANGE $73.00 10%$65.70 DSNMA01250B N MALE FOR 1/2 CABLE (USE WITH CT01 $35.25 10%$31.73 DSNFA01250B N FEMALE FOR 1/2 CABLE (USE WITH CT $35.25 10%$31.73 DSDS1X00CS36UN 148-174MHZ UNITY GAIN CONTROL STATI $1,237.00 10%$1,113.30 Services Consultation 240.00$ Per hour Project Management 240.00$ Per hour Impementation 240.00$ Per hour Installation 240.00$ Per hour Configuration/Desgin 240.00$ Per hour Radio Programming 240.00$ Per hour Product Recycling/Buy Back No Cost Training 320.00$ Per hour Maintenance/Repair 240.00$ Per hour Encryption (AES-256 software upgrade, single-key 135.00$ Per hour Encryption (AES-256 software upgrade, multi-key 145.00$ Per hour Customer Service Support, regular business hours 240.00$ Per hour Customer Service Support, after-hours business hours 240.00$ Per hour Technical Support, regular business hours 240.00$ Per hour Technical Support, after-hours 240.00$ Per hour Other (Cybersecurity, Microwave propration Study, Essential Services, Premier offerings, etc.)240.00$ Per hour Additional Items APX Radio Software Features and Accessories 27% Discount off List Alternative APX Radio Single or Multi-Band Radio 27% Discount off List GTR8000 Base Station Software Features and Accessories 20% Discount off List MCC7500 Console Software Features and Accessories 15% Discount off List Conventional and Trunked Radio System Network Management, Data, and Interoperability Applications 20% Discount off List Conventional and Trunked Radio System Combiner and Antenna Systems 10% Discount off List 632 City of Boynton Beach Agenda Item Request Form 7.D Consent Bids and Purchases over $100,000 11/ 4/2024 Meeting Date: 11/ 4/2024 Proposed Resolution No. R24-275- Approve and authorize the Mayor to execute a limited term contract extension with ParkMobile, LLC and increase annual expenditure by $34,000 for fiscal year 24-25 for a total amount of $116,000. Requested Action: Staff recommends approval of Proposed Resolution No. R24-275. Explanation of Request: The City of Boynton Beach currently has a contract with ParkMobile for their parking payment services. This contract is set to expire soon, and the city needs to either renew the existing contract or go through a rebidding process to select a new vendor. Due to delays in the renewal/rebidding process, the city is proposing a limited term contract extension with ParkMobile to ensure continuity of parking payment services for residents and visitors. This extension would allow the city to complete the necessary steps to either seek a new piggyback contract with ParkMobile or conduct a full rebidding process to select a new vendor, without disrupting the current parking payment system. This limited term extension will allow the city to maintain its parking payment capabilities while finalizing the long-term contract arrangements. How will this affect city programs or services? Extending the contract on a limited basis provides continuity of service for citizens while the city explores alternative options through a piggyback agreement or competitive bidding process. Fiscal Impact: The extension maintains the current parking payment fees and rates charged to residents and visitors. Attachments: R24-275_Limited_Term_Extenision_ParkMobile Park_Mobile_Limited_Term_Extension_-_Expires_May_5_2025 (1) (2) (1).pdf R20-081 & 1st Amendment - Parkmobile Pay For Parking RW.pdf R19-119 - ParkMobile Contract.pdf 633 RESOLUTION NO. R24-2751 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO 4 SIGN A LIMITED TERM CONTRACT EXTENSION WITH PARKMOBILE, 5 LLC FOR PAY FOR PARKING SERVICES, AND INCREASE THE ANNUAL 6 EXPENDITURE TO AN AMOUNT NOT TO EXCEED TO $116,000 AND 7 PROVIDING AN EFFECTIVE DATE. 8 9 WHEREAS, on November 5, 2019, the City of Boynton Beach and ParkMobile, LLC entered 10 into the Pay for Parking Services agreement which outlined the scope of services, fees, and 11 payments; and 12 WHEREAS, parking permits are an essential part of making an automated parking 13 technology system work, therefore, it is necessary to execute a limited-term contract extension to 14 provide the necessary expenditures and payments to ParkMobile; 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 and authorize the Mayor to sign a 17 limited term contract extension to provide continuity of service for pay for parking while the city 18 explores alternative options through a piggyback agreement or competitive bidding process, and 19 to increase the annual expenditure to an amount not to exceed $116,000.20 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 and authorize the Mayor to execute the Limited Term Contract Extension, a copy of 27 which is attached hereto as “Exhibit A.“28 SECTION 3.The City Commission of the City of Boynton Beach, Florida, hereby approves 29 the increase to the annual expenditure to an amount not to exceed $116,000 per year.30 SECTION 4.The City Clerk shall retain the fully executed Limited Term Contract 31 Extension as a public record of the City. 32 634 SECTION 5.This Resolution shall take effect immediately.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 635 Amendment to Contract/RFP No. 018-2413-19/IT Page 1 of 7 LIMITED TERM EXTENSION AMENDMENT TO AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PARKMOBILE, LLC FOR “PAY FOR PARKING SERVICES This Limited Term Extension Amendment (“Amendment”) is entered into by and between the City of Boynton Beach, a Florida municipal corporation (“City”), and Parkmobile, LLC with principal address at 1100 Spring Street NW, Suite 200 Atlanta, GA 30309, a Foreign Limited Liability Company registered to transact business in the State of Florida (“Vendor”) (collectively referred to as the “Parties”). RECITALS A. On November 6, 2019, the Parties entered into Contract/RFP No. 018-2413-19/IT (the “Agreement”) for Pay for Parking Services. B. The current term of the Agreement expires on November 5, 2024, and all renewal options for the Agreement between City and Vendor have been exercised. C. The City is in the process of reviewing the service, determining the best methodology of procurement, and desires to extend the Term of the Agreement on a limited basis to provide time for the issuance of a competitive solicitation for a new contract. Now, therefore, in consideration of the mutual terms and conditions, promises, covenants, and payments hereinafter set forth, City and Vendor agree as follows: 1. The above Recitals are true and correct and are incorporated herein by reference. All capitalized terms not expressly defined within this Amendment shall retain the meaning ascribed to such terms in the Agreement. 2. Except as modified herein, all remaining terms and conditions of the Agreement shall remain in full force and effect. 3. The Term of the Agreement is hereby extended on a month-to-month basis for an additional six (6) months, expiring upon the earlier of May 4, 2025, or upon execution of a contract under the City’s procurement process. 4. Modified Fees. Exhibit B of the contract is amended to replace the Permit Management Software and associated fees exhibit approved by the First Amendment to the Agreement with the reduced fees outlined in the attached Exhibit 1. 5. In the event of any conflict or ambiguity between this Amendment and the Agreement, the Parties agree that this Amendment shall control. The Agreement, as amended herein by this Docusign Envelope ID: B1BA0E74-6242-4DDF-9BA5-F165E5787997 636861 Amendment to Contract/RFP No. 018-2413-19/IT Page 2 of 7 Amendment, incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein, and the Parties agree that there are no commitments, agreements, or understandings concerning the subject matter hereof that are not contained in the Agreement as amended in this Amendment. Accordingly, the Parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or w ritten. 6. Vendor acknowledges that through the date this Amendment is executed by Vendor, Vendor has no claims or disputes against City with respect to any of the matters covered by the Agreement. 7. The following new sections are added to the Agreement as follows: (a) Discriminatory Vendor and Scrutinized Companies List; Countries of Concern. Vendor represents that it has not been placed on the “discriminatory vendor list” as provided in Section 287.134, Florida Statutes, and that it is not a “scrutinized company” pursuant to Sections 215.473 or 215.4725, Florida Statutes. Vendor represents and certifies that it is not, and for the duration of the term of the Agreement will not be, ineligible to contract with City on any of the grounds stated in Section 287.135, Florida Statutes. Vendor represents that it is, and for the duration of the term of the Agreement will remain, in compliance with Section 286.101, Florida Statutes. (b) Verification of Employment Eligibility. Vendor represents that Vendor and each subcontractor have registered with and use the E-Verify system maintained by the United States Department of Homeland Security to verify the work authorization status of all newly hired employees in compliance with the requirements of Section 448.095, Florida Statutes, and that entry into this Agreement will not violate that statute. If Vendor violates this section, City may immediately terminate this Agreement for cause, and Vendor shall be liable for all costs incurred by City due to the termination. (c) Prohibited Telecommunications Equipment. Vendor represents and certifies that Vendor and all subcontractors do not use any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, as such terms are used in 48 CFR §§ 52.204-24 through 52.204-26. Vendor represents and certifies that Vendor and all subcontractors shall not provide or use such covered telecommunications equipment, system, or services during the duration of the term of the Agreement. (d) 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 for eign country Docusign Envelope ID: B1BA0E74-6242-4DDF-9BA5-F165E5787997 637862 Amendment to Contract/RFP No. 018-2413-19/IT Page 3 of 7 of concern. On or before the effective date of this Amendment, Vendor and any subcontractor that will have access to personal identifying information shall submit to City executed affidavit(s) under penalty of perjury, in a form approved by City attesting that the entity does not meet any of the criteria in Section 287.138(2), Florida Statutes. Compliance with the requirements of this section is included in the requirements of a proper invoice for payment purposes. 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. (e) Sovereign Immunity. Except to the extent sovereign immunity may be deemed waived by entering into this Agreement, nothing herein is intended to serve as a waiver of sovereign immunity by City, nor shall anything included herein be construed as consent by City to be sued by third parties in any matter arising out of this Agreement. (f) Anti-Human Trafficking. On or before the Effective Date of this Amendment, 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. 8. The effective date of this Amendment shall be the date of complete execution by the Parties. 9. This Amendment may be executed in multiple originals, and may be executed in counterparts, whether signed physically or electronically, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. (The remainder of this page is blank.) Docusign Envelope ID: B1BA0E74-6242-4DDF-9BA5-F165E5787997 638863 Amendment to Contract/RFP No. 018-2413-19/IT Page 4 of 7 CITY CITY OF BOYNTON BEACH By____________________________ Ty Penserga, Mayor ____ day of ______________, 2024 Attest:_________________________ City Clerk CITY ATTORNEY’S OFFICE Approved as to form and legality By:____________________________ VENDOR PARKMOBILE, LLC By_______________________ Authorized Signer _______________________ Print Name and Title _____ day of ______________, 2024 SRW 10.24.24 Template Limited Term Extension Docusign Envelope ID: B1BA0E74-6242-4DDF-9BA5-F165E5787997 Justin Clifford 11/1/2024 639864 Amendment to Contract/RFP No. 018-2413-19/IT Page 5 of 7 EXHIBIT 1 AMENDED PERMIT MANAGEMENT SOFTWARE AND ASSOCIATED FEES PRICING SUMMARY Citation Processing Services Description Upfront Ongoing Includes Parking Management Software - $1.99 Per Citation Issued Full citation processing software suite configuration, training, implementation, hosting, and ongoing support ▪ Citation records management system (AutoPROCESS) ▪ Registered owner acquisition ▪ FL DMV registration holds ▪ Processing notice generation and mailing ▪ Mail payment processing (Lockbox) ▪ Web & IVR credit card payment processing (hosted website and IVR system) ▪ DMV vehicle registration hold services ▪ Customer service (live call reps.) ▪ Late notice generation, mailing, and PDF image import on up to a 3 processing notice series ▪ Correspondence processing ▪ Document imaging (notices, originally issued citations, other multimedia) Web/IVR Payment Convenience Fee (Paid by Motorist) - $3.50 Per payment transaction via web or IVR systems Hosted payment website and IVR systems (Duncan MOR) Postage for Processing Notices - Applicable USPS bulk postage rate $0.423* Per letter sent *As of 7/24/2020 Direct pass-through costs for all letters sent Docusign Envelope ID: B1BA0E74-6242-4DDF-9BA5-F165E5787997 640865 Amendment to Contract/RFP No. 018-2413-19/IT Page 6 of 7 Permit Management Services Description Upfront Ongoing Includes Permit Management Software - $5.75 Per permit purchased up to 1,000 permits annually. Virtual permits in excess of 1,000 annually are free Full permit management AutoPROCESS module and PAM hosted online permit portal configured to the requirements of the City. Web Payment Convenience Fee (Paid by Motorist) - $3.50 Per permit purchased via web Hosted payment website (Duncan MOR) Postage per Permit Renewal Notice - Applicable USPS bulk postage rate $0.423* Per Notice Sent As of 7/24/2020 USPS first class mailing. Postage costs are a direct pass-through based on USPS rate at the time of mailing. Delinquent Special Collections Description Upfront Ongoing Includes Special Collection Fee - 30.00% of revenue collected, A full-service secondary collections process following assignment to collection agency ▪ Notice generation (notice and postage costs are included in percentage of revenue collected fee. Based on 2 notice series. There are no additional costs.) ▪ Target population analysis ▪ Effectiveness reports ▪ Skiptracing ▪ No name and address research ▪ Outbound Calling Docusign Envelope ID: B1BA0E74-6242-4DDF-9BA5-F165E5787997 641866 Amendment to Contract/RFP No. 018-2413-19/IT Page 7 of 7 TERMS AND CONDITIONS 1. End Customer will be responsible for all postage costs associated with the mailing of notices mailed prior to assignment to special collections. PAM is responsible for postage costs following assignment to special collections. 2. All post-implementation changes or enhancements requested by, or on behalf of, End Customer will be performed by PAM on a time and materials basis. The billing rates to be used will be the rates in place when the work is completed. All requests for system changes and/or enhancements will be submitted in writing by ParkMobile on behalf of End Customer, from which PAM will furnish an estimate. 3. Consumables, including receipt paper, printer ink cartridges and toner will be provid ed by, or purchased by, End Customer. 4. This agreement is subject to monthly contract minimum of $3,500.00. If the sum of End Customer’s itemized invoice (excluding permit fees, postage, convenience fees and special collection fee charges) falls below this threshold, End Customer will be billed a fixed $3,500.00 program management fee in lieu of the itemized rates listed above. Threshold evaluation will be conducted monthly, during invoice preparation. Docusign Envelope ID: B1BA0E74-6242-4DDF-9BA5-F165E5787997 642867 1 RESOLUTION NO.R20-081 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING THE CITY 5 MANAGER TO SIGN THE FIRST AMENDMENT TO THE 6 PAY FOR PARKING SERVICES AGREEMENT BETWEEN 7 THE CITY OF BOYNTON BEACH AND PARKMOBILE; 8 AND PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS, on June 9th, 2020, the City of Boynton Beach and Parkmobile, LLC 11 entered into the Pay for Parking Services agreement which outlined the scope of services, fees, 12 and payments; and 13 WHEREAS,as part of the implementation effort it was discovered that fees associated 14 with parking permit management software were inadvertently left out of the line item proposal; 15 and 16 WHEREAS, parking permits are an essential part of making the automated parking 17 technology system work, therefore, it is necessary to execute an amendment to the agreement 18 to provide the necessary expenditures and payments to Parkmobile; and 19 WHEREAS,the City Commission of the City of Boynton Beach upon recommendation 20 of staff,deems it to be in the best interest of the citizens of the City of Boynton Beach to approve 21 and authorize the City Manager to sign the First Amendment to Pay For Parking Services 22 Agreement to add fees associated with parking permit management software which were 23 inadvertently left out. 24 NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON 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, hereby 29 approves and authorizes the City Manager to sign the First Amendment to Pay For Parking S:\CA\RESO\Agreements\First Amendment to Agreement to Parkmobile(meters)-Reso.docx 1 - DocuSign Envelope ID: BDCCCD1E-3265-4FBC-B67A-49102F2BB87B 643 30 Services Agreement to add fees associated with parking permit management software which 31 were inadvertently left out,a copy of which First Amendment is attached hereto as Exhibit"A". 32 Section 3. That this Resolution shall become effective immediately. 33 PASSED AND ADOPTED this 17 day of August, 2020 34 CITY OF BOYNTON BEACH,FLORIDA 35 36 YES NO 37 38 Mayor—Steven B. Grant 39 40 Vice-Mayor—Ty Penserga 17 41 42 Commissioner—Justin Katz 1/ 43 V'44 Commissioner—Woodrow L. Hay 45 1/46 Commissioner—Christina L. Romelus 47 48 VOTE 5,0 49 50 ATTEST: 51 52 53 4 J 54 C tal Gibson, MM 55 City Clerk 56 57 58 (Corporate Seal) 59 dr fi. x46' t:4,• 8 ip . / t 3 x 4 e. fdd ey 7). .,s F+` fi ne 3,:-...,. S:\CA\RESO\Agreements\First Amendment to Agreement to Parkmobile(meters)-Reso.docx 2- DocuSign Envelope ID: BDCCCD1E-3265-4FBC-B67A-49102F2BB87B 644 P,Q0-°15 FIRST AMENDMENT TO PAY FOR PARKING SERVICES AGREEMENT This First Amendment to Pay for Parking Services Agreement is made and entered into this day of August, 2020 by and between the City of Boynton Beach (hereinafter referred to as City") and Parkmobile, LLC., (hereinafter referred to as "Provider") (collectively referred to as the"parties"). WITNESSETH WHEREAS, the City and Provider entered into a Pay for Parking Services Agreement Agreement") dated June 9, 2019, and WHEREAS, Provider is obligated to perform professional services in connection with the RFP FOR PAY FOR PARKING SERCICES, RFP NO.: 018-2413-19/IT; and WHEREAS, the parties desire to further amend said Agreement as provided below. NOW THEREFORE, in consideration of the premises and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. The recitals contained herein are hereby incorporated by reference. 2. Exhibit "B" of the contract is amended to include the Permit Management Software and associated fees as outlined in attached Exhibit "1"; and 3. The terms and conditions of the Agreement shall remain in full force and effect except as specifically amended herein. In the event of a conflict between the terms of the Agreement and this First Amendment, the terms of the First Amendment shall control. IN WITNESS WHEREOF, the Parties have signed this First Amendment to Pay for Parking Services Agreement on the date(s) set forth below. CITY OF BOYNTON BEACH By: Date: Xi 3( 1 2.cJ24.) Lori LaVerriere City Manager APPROVED AS TO FORM. Date: 1/3//2 0 d2G James A. Cherof, City Attorney 1 of 2 DocuSign Envelope ID: BDCCCD1E-3265-4FBC-B67A-49102F2BB87B 645 PARKMOBILE, LLC Date: BY: Attest/Authenticated: Secretary 2 of 2 DocuSign Envelope ID: BDCCCD1E-3265-4FBC-B67A-49102F2BB87B Hank Vanjaria, CFO 9/3/2020 Hank Vanjaria 9/7/2020 Tony Stewart 646 PRICING SUMMARY ice Description Upfront Ongoing Includes Full citation processing software suite configuration,training, implementation,hosting,and ongoing support Citation records management system(AutoPROCESS) Registered owner acquisition FL DMV registration holds Processing notice generation and mailing Mail payment processing Lockbox) Parking Management Software 1'99 Web&IVR credit card payment Per Citation Issued processing(hosted website and IVR system) DMV vehicle registration hold services Customer service(live call reps.) Late notice generation,mailing, and PDF image import on up to a 3 processing notice series Correspondence processing Document imaging(notices, originally issued citations,other multimedia) 3.50 Hosted payment website Web/IVR Payment Convenience and IVR systems FeePer payment transaction Paid by Motorist)via webarlvR systems Duncan MOR) Applicable USPS bulk postage rate 0.423* Direct pass-through costs for all Postage for Processing Notices letters sent Per letter sent As of 7/24/2020 DocuSign Envelope ID: BDCCCD1E-3265-4FBC-B67A-49102F2BB87B 647 gement Servic anhiA 41111111111111.1111111111110 Description ' Upfront Ongoing Includes 6,000.00 Annual hosting fee,billed monthly Full permit management AutoPROCESS module and PAM Permit Management Software hosted online permit portal5.75 configured to the requirements of Per permit purchased up to 1,000 permits annually. the City. Virtual permits in excess of 1,000 annually are free 3.50 Hosted payment websiteWebPaymentConvenienceFeePY Paid by Motorist) Per permit purchased Duncan MOR) via web Applicable USPS bulk postage rate USPS first class mailing. Postage 0.423* costs are a direct pass-through Postage per Permit Renewal Notice based on USPS rate at the time of Per Notice Sent mailing. As of 7/24/2020 Description Upfront Ongoing Includes A full-service secondary collections process following assignment to collection agency Notice generation(notice and postage costs are included in percentage of revenue Special Collection Fee 30.00% collected fee. Based on 2 notice of revenue collected, series.There are no additional costs.) Target population analysis Effectiveness reports Skiptracing No name and address research Outbound Calling DocuSign Envelope ID: BDCCCD1E-3265-4FBC-B67A-49102F2BB87B 648 TERMS AND CONDITIONS 1. Client will be responsible for all postage costs associated with the mailing of notices mailed prior to assignment to special collections.Vendor is responsible for postage costs following assignment to special collections. 2. All post-implementation changes or enhancements requested by Client will be performed by Duncan on a time and materials basis.The billing rates to be used will be the rates in place when the work is completed. All requests for systems changes and/or enhancements will be submitted in writing by Client,from which Duncan will furnish an estimate. 3. Consumables,including receipt paper,printer ink cartridges and toner will be provided by,or purchased by, Client. 4. This agreement is subject to monthly contract minimum of$4,500.00.If the sum of Client's itemized invoice excluding convenience fee and special collection fee charges)falls below this threshold,Client will be billed a fixed$4,500.00 program management fee in lieu of the itemized rates listed above.Threshold evaluation will be conducted monthly,during invoice preparation. DocuSign Envelope ID: BDCCCD1E-3265-4FBC-B67A-49102F2BB87B 649 650 651 652 653 654 655 656 657 658 659 660 661 662 663 664 665 666 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. 11/ 4/2024 Meeting Date: 11/ 4/2024 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. (Tabled from October 15, 2024 meeting). Requested Action: Staff recommends approval of Proposed Ordinance No. 24-017, at 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 667 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 36 668 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 77 669 (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."114 115 670 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.151 671 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)166 167 672 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 673 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. 674 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. 675 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. 11/ 4/2024 Meeting Date: 11/ 4/2024 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. (Tabled from October 15, 2024 meeting). 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 (2).DOCX business-impact-estimate.pdf 676 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:27 677 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 48 678 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 68 679 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.89 680 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.108 109 681 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 129 682 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 140 683 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 2.Investments in equity securities/funds shall be limited to no more 149 than the ranges indicated above 65% at cost valuation of the fund’s 150 total asset value;151 3.Investments in all equity securities All equity investments shall be 152 limited to fully and easily negotiable equity securities;153 4.Investments in foreign securities shall be limited to 25% (at market 154 valuation) of the total investment portfolio. The Board may achieve 155 diversification in foreign equity through commingled fund or 156 institutional mutual fund vehicles. These pooled investments are 157 considered an investment in foreign securities. 158 (A)American Depository Receipts (ADRs) and foreign ordinary 159 securities traded on domestic exchanges are United States 160 dollar-denominated securities listed and traded on a United 161 States exchange and are considered part of the ordinary 162 684 Page 9 of 17 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. investment strategy of the Board. These securities are not 163 considered foreign securities and may be purchased by 164 separate account managers without limitation;165 5.Exchange traded funds (ETFS) may be utilized but may not exceed 166 10% (at market valuation) of any equity manager’s managers167 portfolio.168 6.No more than 20% of the equity securities are to be invested in small 169 or mid-cap stocks. The Board defines small and mid-cap stocks as170 the stocks whose market capitalization is less than $5 billion dollars.171 7.No more than 5% (at cost)value of an investment manager's equity 172 portfolio may be invested in the shares of a single corporate issuer.173 b. Fixed income securities, Funds, and Related Strategies:174 1.Fixed Income may include traditional fixed income in core or core+ 175 strategies, private credit offered through limited partner structure, or 176 non-traditional and alternative fixed income management offered in 177 limited partner structure. 178 2.The fixed income portfolio shall comply with the following 179 guidelines:180 (A)The average credit quality of all rated bonds held 181 in the fixed incomethe bond portfolio shall be rated182 “A” or higher; and.183 685 Page 10 of 17 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. (B)The duration of the fixed income portfolio shall not 184 exceed 135% of the duration of the market index. 185 The market index is defined as the Bloomberg 186 Barclays Capital Aggregate Bond Index.187 3.Investments in all rated corporate fixed income securities shall be 188 limited to:189 (A)Those securities rated "BBB" shall not exceed 20% 190 of the entire fixed income portfolio.191 (B)No more than 5% at cost of an investment 192 manager’s total fixed income' portfolio shall be 193 invested in the securities of any single corporate 194 4.Futures contracts may be used on a non-levered basis for duration 195 adjustment and yield curve positioning purposes.196 5.There is no limit imposed on investments in fixed income securities 197 issued directly by the United States Government government or any 198 agency or instrumentality thereof.199 6.Commingled vehicles managed by the investment adviser may be 200 used to assist with the efficient implementation of portfolio strategy.201 7.Index ETF's may be used for the efficient implementation of 202 portfolio strategy.203 686 Page 11 of 17 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. 8.Investment in private credit strategies are considered part of the 204 general fixed income asset class: 205 (A)Investments in private credit strategies shall not 206 exceed 15% of the value of the total Fund. 207 (B)All private credit investments shall be made 208 through participation in diversified limited 209 partnership vehicles. 210 (C)The Board shall endeavor to consider those 211 investments that offer transparency and low 212 relative fees. 213 c.Private Real Estate:214 1.Investments in real estate shall not exceed 15% 30% (at market 215 valuation) of the value of the total Fund assets.216 2.All real estate investments shall be made through participation in 217 diversified commingled funds of real properties. These funds shall 218 be broadly diversified as to property type and geography. 219 Experienced and professional real property investment managers 220 shall manage all real estate investments.221 d.Absolute Return:222 1.Investments in absolute or real return strategies shall not exceed 223 20% of the value of the total Fund assets.224 687 Page 12 of 17 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. 2.All absolute or real return investments shall be made through 225 participation in diversified commingled funds, mutual fund or 226 limited partnership vehicles.227 3.The board shall endeavor to consider those investments that offer 228 liquidity, transparency and low relative fees.229 e. Private Equity/Private Credit:230 1.Investments in private equity and credit strategies shall not exceed 231 15% of the value of the total Fund assets.232 2.All private equity and private credit investments shall be made 233 through participation in diversified limited partnership vehicles.234 3.The board shall endeavor to consider those investments that offer 235 liquidity, transparency and low relative fees.236 f. Cash equivalent securities:237 1.The investment manager may invest only in the following short-238 term investment vehicles:239 (A)The money market or STIF provided by the plan’s 240 custodian;241 (B)Direct obligations of the United States government 242 with a maturity of one year or less; 243 688 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 244 less that is rated A-1 or higher by Standard & 245 Poor’s or P-1 or higher by Moody’s; and246 (D)Bankers acceptances issued by the largest 50 banks 247 in the United States (in terms of total assets).248 (4)Mutual Funds/Commingled Funds/Limited Partnerships.The Board of Trustees 249 recognizes and accepts that commingled, mutual fund and limited partnership 250 investments will be dictated by the investment policies and guidelines of those funds 251 and that no additional constraints may be imposed on them. The decision to make a 252 direct investment in any vehicle will only be made by the Board of Trustees after a 253 thorough review of the policies of the governing documents of those funds and after it 254 has been determined that those policies are appropriate and materially consistent with 255 the investment objectives.256 (5)Prohibited securities. Only those derivative securities expressly described herein are 257 permissible. Trading on margin and short selling are prohibited for separate account 258 managers.259 (6)Performance Evaluation.The Board of Trustees intends to review investment 260 performance and compliance with stated investment policies on a quarterly basis.261 (7)Review of policy. It is the intention of the Board of Trustees of the Boynton Beach 262 General Employees’ Pension Fund to review this statement of investment policy and 263 its addenda periodically to amend it by policy to reflect any changes in philosophy or 264 689 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 265 objectives defined herein cannot be met or that these guidelines unnecessarily constrict 266 performance, the Board shall be so notified in writing.267 (h) Compliance with Chapter 2023-28, Laws of Florida 268 The Board and its investment managers shall comply with the applicable requirements of 269 Chapter 2023-28, Laws of Florida, including Section 112.662, along with regulations adopted by 270 the Department of Management Services. 271 (1)Definition of pecuniary factor.The term “pecuniary factor” is defined as a factor 272 that an investment fiduciary “prudently determines is expected to have a material 273 effect on the risk or returns of an investment based on appropriate investment 274 horizons consistent with the investment objectives and funding policy of the 275 retirement system. The term does not include the consideration of the furtherance 276 of social, political, or ideological interests.” 277 (2)Exclusive consideration of pecuniary factors. Only pecuniary factors may be 278 considered, and the interests of the participants and beneficiaries of the system may 279 not be subordinated to other objectives, including sacrificing investment return or 280 undertaking additional investment risk to promote any nonpecuniary factor. The 281 weight given to any pecuniary factor must appropriately reflect a prudent 282 assessment of its impact on risk or returns. 283 (3)Proxy voting.Only pecuniary factors may be considered when voting proxies. 284 285 690 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 286 requirementsof Section 112.662, Florida Statutes, by filing a comprehensive report 287 by December 15 of each odd-numbered year. Investment managers and the Board’s 288 investment consultant shall assist in the preparation of required reports and shall 289 annually confirm to the Board their compliance with Chapter 2023-28. 290 (5)Contracting and external communication requirements. 291 a. Manager contracts shall comply with Section 215.885, Florida Statutes. 292 b. Requests for proposals issued for investment manager services shall comply 293 with Section 287.05701, Florida Statutes. 294 (6) The investment consultant shall provide investment managers for consideration 295 who invest only based on pecuniary factors as defined by this subsection (h)(1). 296 (7) If a Request for Proposals document is issued for Investment Manager services, the 297 solicitation document must include the following:298 The Board of Trustees may not request documentation of or consider a vendor’s 299 social, political, or ideological interests when determining if the vendor is a 300 responsible vendor. Additionally, the Board of Trustees may not give 301 preference to a vendor based on vendor’s social, political, or ideological 302 interests.303 Section 3:Codification. It is the intention of the City Commission of the City of 304 Boynton Beach, Florida, and it is hereby ordained that the provisions of this Ordinance shall 305 691 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,306 and that Sections of this Ordinance may be renumbered, re-lettered and the word “Ordinance” may 307 be changed to “Section,” “Article,” or such other word or phrase in order to accomplish such 308 intention. 309 Section 4:Severability. If any clause, section, or other part of this Ordinance shall be 310 held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional 311 or invalid part shall be considered eliminated and in no way affect the validity of the other 312 provisions of this Ordinance.313 Section 5:Conflicts.That all Ordinances, parts of Ordinances, Resolutions, or 314 parts of Resolutions in conflict herewith be and the same are repealed to the extent of such conflict.315 Section 6:Effective Date.That this Ordinance shall take effect immediately 316 upon passage.317 318 319 320 321 322 323 324 692 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 _____________________ 2024.325 SECOND, FINAL READING,AND PASSAGE this ____ day of _______________2024.326 CITY OF BOYNTON BEACH, FLORIDA327 YES NO328 329 Mayor – Ty Penserga _____ _____330 331 Vice Mayor – Aimee Kelley _____ _____332 333 Commissioner – Woodrow L. Hay _____ _____334 335 Commissioner –Angela Cruz _____ _____336 337 Commissioner – Thomas Turkin _____ _____338 339 VOTE ______340 ATTEST:341 342 343 _____________________________344 Maylee DeJesús, MMC Ty Penserga345 City Clerk Mayor346 347 APPROVED AS TO FORM:348 (Corporate Seal)349 350 351 Shawna G. Lamb352 City Attorney353 693 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. 694 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): 695 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. 11/ 4/2024 Meeting Date: 11/ 4/2024 Proposed Ordinance No. 24-022- Second Reading, An Ordinance of the City of Boynton Beach, Florida, approving the Boynton Beach Administrative Amendments to the 8th Edition (2023) of the Florida Building Code; providing for conflicts, severability, codification, and an effective date. Requested Action: Staff recommends approval of Proposed Ordinance No. 24-022, at second 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. 696 How will this affect city programs or services? No impact. Fiscal Impact: No impact. 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 697 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:27 698 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 46 699 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 76 700 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 701 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 76 702 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, 703 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. 704 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. 705 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; 706 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. 707 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. 708 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. 709 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. 710 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. 711 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, 712 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 713 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. 714 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. 715 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. 716 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 717 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 718 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 719 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 720 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 721 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. 722 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. 723 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 724 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. 725 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. 726 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. 727 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. 728 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. 729 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 730 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. 731 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 732 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. 733 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 734 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 735 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 736 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 737 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 738 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: 739 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 740 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; 741 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. 742 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: 743 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. 744 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 745 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 746 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. 747 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 748 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. 749 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. 750 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 751 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. 752 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. 753 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. 754 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 755 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. 756 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. 757 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. 758 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). 759 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 760 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. 761 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. 762 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 763 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 764 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 765 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 766 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. 767 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, 768 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. 769 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, 770 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 771 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. 772 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 773 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 774 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 775 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. 776 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. 777 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): 778 City of Boynton Beach Agenda Item Request Form 10.A Regular Agenda 11/ 4/2024 Meeting Date: 11/ 4/2024 Proposed Ordinance No. 24-023- First Reading, an Ordinance of the City Commission of the City of Boynton Beach, Florida, amending Chapter 26 "water, sewers, and utilities," Article IV "sewers," Division 4, "industrial and commercial waste," Subdivision D "use of public sewers," by creating Section 26-147.5 entitled "dental facilities that remove or replace amalgam fillings," providing for local implementation of the effluent limitations guidelines and standards for dental category adopted by the State of Florida; providing for conflicts, severability, codification, and an effective date. Proposed Ordinance No. 24-024- First Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, amending the Code of Ordinances of the City of Boynton Beach Chapter 26 "water, sewers, and utilities," Article IV "sewers," Division 4 "industrial and commercial waste," subdivision a "general provisions," Section 26-115, "abbreviations and definitions," to adopt definitions for hazardous waste pharmaceuticals, healthcare facility, pharmaceutical, and reverse distributor, and to correct order; amending Chapter 26 "water, sewers, and utilities," Article IV "sewers," Division 4 "industrial and commercial waste," subdivision D "use of public sewers," Section 26-142, "prohibited discharges to sewers," to add hazardous waste pharmaceuticals to the list of substances prohibited from being introduced to the City's treatment works; providing for conflicts, severability, codification, and an effective date. Requested Action: Staff recommends approval of Proposed Ordinance No. 24-023 and Proposed Ordinance No. 24-024, on first reading. Explanation of Request: The Florida Department of Environmental Protection (FDEP) Industrial Pretreatment (IP) rule update requires the City to update its Industrial Pretreatment Ordinance to comply with the EPA and State mandate. FDEP has reviewed and found the draft Ordinances to be in compliance with the Dental Amalgam Rule, 62-625.400(2)(i) and the Pharmaceutical Waste Sewer Ban, 62-625.400(2)(I), Florida Administrative Code (FAC). Approval of the Ordinances will bring the City into compliance with FDEP regulations regarding the discharge of Dental Amalgam and Pharmaceutical Waste into the City's sewer system. 779 How will this affect city programs or services? Allows the City to meet FDEP regulations and state mandates. Fiscal Impact: No Fiscal Impact Attachments: Ord_24-023_Sewer_Discharge_for_Dental__Final.docx Ord_24_-024_Pharmaceutical_2024__Final.docx Preliminary Approval Letter for Substantial Modification.pdf business-impact-estimate.pdf 780 8-27-24 (SRW) Page 1 of 9 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. ORDINANCE NO. 24-0231 2 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 3 BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 264 “WATER, SEWERS, AND UTILITIES”, ARTICLE IV “SEWERS,” 5 DIVISION 4, “INDUSTRIAL AND COMMERCIAL WASTE,” 6 SUBDIVISION D “USE OF PUBLIC SEWERS”, BY CREATING 7 SECTION 26-147.5 ENTITLED “DENTAL FACILITIES THAT 8 REMOVE OR REPLACE AMALGAM FILLINGS,” PROVIDING 9 FOR LOCAL IMPLEMENTATION OF THE EFFLUENT 10 LIMITATIONS GUIDELINES AND STANDARDS FOR DENTAL 11 CATEGORY ADOPTED BY THE STATE OF FLORIDA; 12 PROVIDING FOR CONFLICTS, SEVERABILITY, 13 CODIFICATION, AND AN EFFECTIVE DATE.14 15 WHEREAS, the Effluent Limitations Guidelines and Standards for the Dental Category, 16 Title 40 Code of Federal Regulations (CFR) Part 441, became effective June 14, 2017; and17 WHEREAS, the State of Florida adopted the Effluent Limitations Guidelines and 18 Standards for the Dental Category in Rule 625.110(3), Florida Administrative Code; and19 WHEREAS, due to the State’s adoption, all public utilities within an approved 20 pretreatment program are now responsible for regulating dental dischargers within their service 21 areas; and22 WHEREAS,in addition to regulating dental discharges, service providers are also required 23 to maintain certain records; and24 WHEREAS, in order to comply with 40 CFR Part 441 and Florida Administrative Code 25 Rule 625.110, the City of Boynton Beach needs to adopt new requirements for dental facilities that 26 remove or place amalgam fillings; and27 WHEREAS, this Ordinance is enacted pursuant to the home rule powers of the City of 28 Boynton Beach as set forth in Article VIII, Section 2, of the Constitution of the State of Florida, 29 Chapter 166, Florida Statutes, and other applicable controlling laws; and30 781 8-27-24 (SRW) Page 2 of 9 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. WHEREAS, the City Commission deems approval of this Ordinance to be in the best 31 interest of the health, safety, and welfare of the residents and citizens of the City of Boynton Beach32 and the public at large.33 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 34 CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS:35 Section 1.The foregoing “WHEREAS” clauses are hereby ratified as being true and 36 correct and are hereby made a specific part of this Ordinance upon adoption hereof.37 Section 2.Chapter 26 “Water, Sewer, and Utilities”, Article IV “Sewers,” Division 438 “Industrial and Commercial Waste,” Subdivision D. “Use of Public Sewers,” Section 26-147.539 “Dental Facilities that Remove or Replace Amalgam Fillings,” of the City Code of Ordinances, is 40 hereby created as follows: 41 Sec. 26-147.5 Dental facilities that remove or replace amalgam fillings.42 (A)Definitions. For the purposes of this section, the following words and phrases shall 43 be as defined herein.44 (1)“Amalgam separator” is a device that employs filtration, settlement, 45 centrifugation, or ion exchange to remove amalgam and its metal 46 constituents from a dental office vacuum system before it discharges to the 47 sewer.48 (2)“Amalgam waste” means and includes non-contact amalgam (amalgam 49 scrap that has not been in contact with the patient); contact amalgam 50 (including, but not limited to, extracted teeth containing amalgam); 51 amalgam sludge captured by chairside traps, vacuum pump filters, screens, 52 and other amalgam trapping devices; used amalgam capsules; and leaking 53 782 8-27-24 (SRW) Page 3 of 9 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. or unusable amalgam capsules.54 (3)“ANSI/ADA Standard No. 108” is the American National Standards 55 Institute and American Dentistry Association standard for amalgam 56 separators.57 (4)“Existing Source” is any facility subject to this section whose first discharge 58 to the sewer collection system occurred on or before July 14, 2017.59 (5)“ISO 11143” is the International Organization for Standardization’s 60 standard for amalgam separators.61 (6)“New Source” is any facility subject to this section whose first discharge to 62 the sewer system occurs after July 14, 2017.63 (B)All owners and operators of dental facilities that remove or place amalgam fillings 64 shall comply with the following reporting and waste management practices:65 (1)For Existing Sources, the One-Time Compliance Report is due no later than 66 January 15, 2025, or no later than 90 days after the transfer of ownership.67 (2)For New Sources, the One-Time Compliance Report is due within 90 days 68 of the start of discharge to the sewer collection system.69 (3)No person shall rinse chairside traps, vacuum screens, or amalgam separator70 equipment in a sink or other connection to the sanitary sewer.71 (4)Owners and operators of dental facilities shall ensure that all staff members 72 who handle amalgam waste are trained in the proper handling, management,73 and disposal of mercury-containing material and fixer-containing solutions 74 and shall maintain training records that shall be available for inspection by 75 the City’s Director of Utilities or designee during normal business hours.76 783 8-27-24 (SRW) Page 4 of 9 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. (5)Amalgam waste shall be stored and managed in accordance with the 77 instructions of the recycler or hauler of such materials.78 (6)Bleach and other chlorine-containing disinfectants shall not be used to 79 disinfect the vacuum line system.80 (7)The use of bulk mercury is prohibited. Only pre-capsulated dental amalgam 81 is permitted.82 (C)All owners and operators of dental vacuum suction systems, except as set forth in 83 subsections (D) and (E) of this section, shall comply with the following:84 (1)An ISO 11143 or ANSI/ADA Standard No. 108 certified amalgam 85 separator or equivalent device shall be installed for each dental vacuum 86 suction system on or before July 14, 2025,provided, however, that all dental 87 facilities that are newly constructed on and after the effective date of this 88 Ordinance shall include an installed ISO 11143 or ANSI/ADA Standard No. 89 108 certified amalgam separator device. The installed device must be ISO 90 11143 or ANSI/ADA Standard No. 108 certified as capable of removing a 91 minimum of 95 percent of amalgam. The amalgam separator system shall 92 be certified at flow rates comparable to the flow rate of the actual vacuum 93 suction system operation. Neither the separator device nor the related 94 plumbing shall include an automatic flow bypass. For facilities that require 95 an amalgam separator that exceeds the practical capacity of ISO 11143 test 96 methodology, a non-certified separator will be accepted, provided that 97 smaller units from the same manufacturer and of the same technology are 98 ISO-certified.99 784 8-27-24 (SRW) Page 5 of 9 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. (2)Proof of certification and installation records shall be submitted to the 100 Utilities Director, or designee, within 30 days after installation.101 (3)Amalgam separators shall be maintained in accordance with manufacturer 102 recommendations. Installation, certification, and maintenance records shall 103 be available for immediate inspection upon request by the Utilities Director,104 or designee, during normal business hours. Records shall be maintained for 105 a minimum of three years.106 (D)An owner or operator whose facility has a vacuum suction system that meets 107 conditions (1) through (4) below may apply for an exemption by written letter to 108 the Utilities Director, or designee. The Utilities Director, or designee, will review 109 the system and, if the exemption is approved, shall provide a written letter of 110 exemption. An exemption obtained pursuant to this subsection shall expire upon 111 installation of a new vacuum system. Upon expiration of the exemption, the facility 112 shall comply with this section before commencing further operation.113 (1)The system is a dry vacuum pump system with an air-water separator.114 (2)The sedimentation tank is non-bottom draining, with the drain above the 115 anticipated maximum level of accumulated sludge.116 (3)Evidence of regular pump outs by a licensed hauler (a minimum of once a 117 year, or more often if either directed by the manufacturer or necessary to 118 keep solids from exiting through the drain) is maintained and open to 119 inspection by the City during normal business hours.120 (4)The system has no direct discharge pipe to the sewer on the bottom of the 121 sedimentation tank.122 785 8-27-24 (SRW) Page 6 of 9 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. (E)Dental dischargers that exclusively practice one or more of the following specialties 123 are not subject to the requirements of this section: (1) Orthodontics; (2) 124 Periodontics; (3) Oral and maxillofacial surgery; (4) Radiology; (5) Oral pathology 125 or oral medicine; or (6) Endodontistry and prosthodontistry.126 (F)Dental practices that do not place dental amalgam and do not remove amalgam 127 except in limited emergency or unplanned, unanticipated circumstances, are 128 exempt from the requirements of this part, provided the dental practice:129 (1)Submits the following statement to the Utilities Director, or designee, 130 signed by a responsible corporate officer, general partner, proprietor, or a 131 duly authorized representative by the applicable compliance deadline 132 identified in section 26-147.5(B):133 “This facility is a dental discharger subject to this rule and does not place 134 or remove dental amalgam except in limited emergency or unplanned, 135 unanticipated circumstances. I am a responsible corporate officer, a general 136 partner or proprietor (if the facility is a partnership or sole proprietorship), 137 or a duly authorized representative in accordance with the requirements of138 section 403.12(l), Florida Statutes, of the above-named dental facility, and 139 certify under penalty of law that this document and all attachments were 140 prepared under my direction or supervision in accordance with a system 141 designed to assure that qualified personnel properly gather and evaluate the 142 information submitted. Based on my inquiry of the person or persons who 143 manage the system or those persons directly responsible for gathering the 144 information, the information submitted is, to the best of my knowledge and 145 786 8-27-24 (SRW) Page 7 of 9 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. belief, true, accurate, and complete. I am aware that there are significant 146 penalties for submitting false information, including the possibility of fine 147 and imprisonment for knowing violations”;148 (2)Removes dental amalgam for limited emergency or unplanned, 149 unanticipated circumstances, less than 1 times per year and as no more than150 2% of dental procedures; and151 (3)The dental practice notifies the Utilities Director, or designee, of any 152 changes affecting the applicability of this certification.153 (G)Disposal of hauled wastewater from dental facilities to the sanitary sewer must be154 accomplished in accordance with this section.155 (H)Enforcement and Noncompliance.156 (1)Noncompliance with the requirements of this section may result in 157 enforcement action by the city, including, but not limited to, termination of 158 water service.159 (2)The user shall pay all outstanding fees, penalties, and other utility charges 160 before reinstatement of water and sewer service.161 (3)Any user found in violation of the provisions in this section, and any orders, 162 rules, regulations, and permits that are issued pursuant to the chapter, shall 163 be served by the Utilities Director, or designee, with written notice by 164 personal delivery or by registered or certified mail that states the nature of 165 the violation and providing a reasonable time limit for satisfactory 166 correction of the violation. The affected user shall permanently cease all 167 violations within the time period specified in the notice.168 787 8-27-24 (SRW) Page 8 of 9 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. Section 3.Conflicts.That all Ordinances, parts of Ordinances, Resolutions, or 169 parts of Resolutions in conflict herewith, be and thesame are repealed to the extent of such conflict.170 Section 4.Severability. If any clause, section, or other part of this Ordinance shall be 171 held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional 172 or invalid part shall be considered eliminated and in no way affect the validity of the other 173 provisions of this Ordinance.174 Section 5.Codification. It is the intention of the City Commission of the City of 175 Boynton Beach, Florida, and it is hereby ordained that the provisions of this Ordinance shall 176 become and be made a part of the Code and Ordinances of the City of Boynton Beach, Florida and 177 that Sections of this Ordinance may be renumbered, re-lettered and the word “Ordinance” may be 178 changed to “Section,” “Article,” or such other word or phrase in order to accomplish such 179 intention. 180 Section 6.Effective Date.That this Ordinance shall take effect immediately 181 upon passage.182 (SIGNATURES ON THE FOLLOWING PAGE)183 788 8-27-24 (SRW) Page 9 of 9 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. FIRST READING this _____ day of _____________, 2024.184 SECOND, FINAL READING, AND PASSAGE this this _____ day of _____________, 2024.185 186 187 CITY OF BOYNTON BEACH, FLORIDA188 189 YES NO190 191 Mayor– Ty Penserga ________192 193 Vice-Mayor– Aimee Kelley ________194 195 Commissioner– Angela Cruz ________196 197 Commissioner– Woodrow L. Hay ________198 199 Commissioner– Thomas Turkin ________200 201 VOTE ____202 203 ATTEST:204 205 206 ________________________________________________________207 Maylee De Jesus, MPA, MMC Ty Penserga208 City Clerk Mayor209 210 APPROVED AS TO FORM:211 (Corporate Seal)212 213 ______________________________214 Shawna G. Lamb215 City Attorney216 217 789 8-22-24 (SRW) Page 1 of 7 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. ORDINANCE NO. 24-0241 2 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 3 BOYNTON BEACH, FLORIDA, AMENDING THE CODE OF 4 ORDINANCES OF THE CITY OF BOYNTON BEACH CHAPTER 5 26 “WATER, SEWERS,AND UTILITIES”, ARTICLE IV 6 “SEWERS,” DIVISION 4 “INDUSTRIAL AND COMMERCIAL 7 WASTE,” SUBDIVISION A “GENERAL PROVISIONS,” SECTION 8 26-115, “ABBREVIATIONS AND DEFINITIONS,” TO ADOPT9 DEFINITIONS FOR HAZARDOUS WASTE 10 PHARMACEUTICALS, HEALTHCARE FACILITY, 11 PHARMACEUTICAL, AND REVERSE DISTRIBUTOR, AND TO 12 CORRECT ORDER; AMENDING CHAPTER 26 “WATER, 13 SEWERS, AND UTILITIES”, ARTICLE IV “SEWERS,” DIVISION 14 4 “INDUSTRIAL AND COMMERCIAL WASTE,” SUBDIVISION D 15 “USE OF PUBLIC SEWERS,” SECTION 26-142, “PROHIBITED 16 DISCHARGES TO SEWERS,” TO ADD HAZARDOUS WASTE 17 PHARMACEUTICALS TO THE LIST OF SUBSTANCES 18 PROHIBITED FROM BEING INTRODUCED TO THE CITY’S 19 TREATMENT WORKS; PROVIDING FOR CONFLICTS, 20 SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.21 22 WHEREAS, in 2015, the Environmental Protection Agency (EPA) proposed to impose a 23 sewer ban on all hazardous waste pharmaceuticals managed by healthcare facilities and reverse 24 distributors, preventing these facilities from utilizing an existing exclusion; and 25 WHEREAS, the ban was proposed because numerous studies found the flushing of 26 leftover medications become a prevalent practice used in lieu of proper hazardous waste 27 management; and28 WHEREAS, traditional wastewater treatment operations were designed to remove 29 conventional pollutants, such as suspended solids and biodegradable organic compounds, and not 30 to remove pharmaceuticals that are present in discharges from medical and veterinary facilities; 31 and32 WHEREAS, on February 22, 2019, the EPA issued 84 FR 5816, adding regulations for 33 the management of hazardous waste pharmaceuticals by healthcare facilities (for both humans 34 790 8-22-24 (SRW) Page 2 of 7 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. and animals) and requiring reverse distributors to manage their hazardous waste pharmaceuticals 35 under the new set of sector-specific standards; and36 WHEREAS, the EPA prohibition was codified at Title 40 Code of Federal Regulations37 (CFR) 266.505; and 38 WHEREAS,the State of Florida adopted the EPA regulations in Rule 62-625.400, Florida 39 Administrative Code (F.A.C.); and 40 WHEREAS, in order to comply with 40 CFR 266.505 and F.A.C. Rule 62-625.400, the 41 City of Boynton Beach needs to adopt new requirements prohibiting healthcare facilities and 42 reverse distributors from introducing, or causing to be introduced, any hazardous waste 43 pharmaceuticals into its Treatment Works; and44 WHEREAS, this Ordinance is enacted pursuant to the home rule powers of the City of 45 Boynton Beach as set forth in Article VIII, Section 2, of the Constitution of the State of Florida, 46 Chapter 166, Florida Statutes, and other applicable controlling laws; and47 WHEREAS, the City Commission deems approval of this Ordinance to be in the best 48 interest of the health, safety, and welfare of the residents and citizens of the City of Boynton Beach49 and the public at large.50 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 51 CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS:52 Section 1.The recitations set forth above are incorporated herein.53 Section 2.Chapter 26, “Water, Sewers and Utilities,” Article IV, “Sewers,” Division 54 4 “Industrial and Commercial Waste,” Subdivision A “General Provisions,” Section 26-115, 55 “Abbreviations and Definitions,” of the Code of Ordinances of the City of Boynton Beach, 56 Florida, is hereby amended as follows:57 791 8-22-24 (SRW) Page 3 of 7 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. Sec. 26-115 – Abbreviations and Definitions.58 The following abbreviations, when used in this chapter, shall have the designated meanings:59 …60 For the purpose of this chapter, all definitions shall be applied and interpreted in accordance with 61 Rule 62-625, F.A.C., as amended.62 …63 Grantee. Recipient of a federal grant for all or a portion of a treatment works as administered by 64 the Environmental Protection Agency.65 Hazardous waste pharmaceutical. A pharmaceutical that is a solid waste, as defined in Title 40 66 of the Code of Federal Regulations (40 CFR) Section 261.2, as may be amended from time to 67 time, which exhibits one or more characteristics identified in 40 CFR Part 261 subpart C or is 68 listed in 40 CFR Part 261 subpart D. 69 Healthcare facility. Any person that is lawfully authorized to:70 (1)Provide preventative, diagnostic, therapeutic, rehabilitative, maintenance or 71 palliative care, and counseling, service, assessment or procedure with respect to 72 the physical or mental condition, or functional status, of a human or animal or that 73 affects the structure or function of the human or animal body; or 74 (2)Distribute, sell, or dispense pharmaceuticals. This definition includes, but is not 75 limited to, wholesale distributors, third-party logistics providers that serve as 76 forward distributors, military medical logistics facilities, hospitals, psychiatric 77 hospitals, ambulatory surgical centers, health clinics, physicians’ offices, optical 78 and dental providers, chiropractors, long-term care facilities, ambulance services, 79 792 8-22-24 (SRW) Page 4 of 7 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. pharmacies, long-term care pharmacies, mail-order pharmacies, retailers of 80 pharmaceuticals, veterinary clinics, and veterinary hospitals. 81 Healthcare facility does not include pharmaceutical manufacturers. 82 …83 Point source. The initial point of discharge into a sewer system.84 pH. Logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution; a 85 measure of the acidity or alkalinity of a solution, expressed in standard units.86 Pharmaceutical. Any drug or dietary supplement for use by humans or other animals; any 87 electronic nicotine delivery system (e.g., electronic cigarette or vaping pen); or any liquid nicotine 88 (e-liquid) packaged for retail sale for use in electronic nicotine delivery systems (e.g., pre-filled 89 cartridges or vials). This definition includes, but is not limited to, dietary supplements, as defined 90 by the Federal Food, Drug and Cosmetic Act; prescription drugs, as defined by Title 21 of the 91 Code of Federal Regulations Part 203.3(y); over-the-counter drugs; homeopathic drugs; 92 compounded drugs; investigational new drugs; pharmaceuticals remaining in non-empty 93 containers; personal protective equipment contaminated with pharmaceuticals; and clean-up 94 material from spills of pharmaceuticals. Pharmaceutical does not include dental amalgam or 95 sharps. 96 Point source. The initial point of discharge into a sewer system.97 …98 Responsible Corporate Officer.99 (1) A president, secretary, treasurer, or vice-president of the corporation in charge of a 100 principle principal business function, or any other person who performs similar policy- or 101 decision-making functions for the corporation; or102 793 8-22-24 (SRW) Page 5 of 7 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. (2) The manager of one or more manufacturing, production, or operating facilities, 103 provided the manager:104 a. Is authorized to make management decisions which that govern the operation of the 105 regulated facility including having the explicit or implicit duty of making major capital investment 106 recommendations;107 b. Is authorized to initiate and direct other comprehensive measures to assure long-term 108 environmental compliance with environmental laws and regulations;109 c.Can ensure that the necessary systems are established or actions taken to gather complete 110 and accurate information for control mechanism requirements;111 d. Has been assigned or delegated the authority to sign documents in accordance with 112 corporate procedures.113 Reverse distributor.Any person that receives and accumulates prescription pharmaceuticals that 114 are potentially creditable hazardous waste pharmaceuticals for the purpose of facilitating or 115 verifying manufacturer credit. Any person, including forward distributors, third party logistics 116 providers, and pharmaceutical manufacturers, that processes prescription pharmaceuticals for the 117 facilitation or verification of manufacturer credit is considered a reverse distributor. 118 …119 Section 3.Chapter 26, “Water, Sewers and Utilities,” Article IV, “Sewers,” Division 120 4 “Industrial and Commercial Waste,” Subdivision D “Use of Public Sewers,” Section 26-142, 121 “Prohibited Discharges to Sewers,” of the Code of Ordinances of the City of Boynton Beach, 122 Florida, is hereby amended as follows: 123 Sec. 26-142 – Prohibited Discharges to Sewers.124 No person shall discharge or cause to be discharged any pollutant which causes pass through, 125 794 8-22-24 (SRW) Page 6 of 7 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. interference, or the below described materials, waters, or wastes (collectively, the substances) if 126 it appears likely that acceptance of those wastes can harm the wastewater treatment process or 127 equipment, the public sewers, the sanitary sewer systems, or have an adverse effect on the 128 receiving water body, or can otherwise endanger life, limb, public property, or constitute a 129 nuisance. The decision shall be based on those factors as the quantities subject wastes in relation 130 to flows and velocities in the sewers, materials of construction of the sewers, nature of the 131 wastewater treatment process, capacity of the wastewater treatment plant, degree of treatability of 132 waste in the wastewater treatment plant, and other pertinent factors. The substances restricted are:133 …134 (ab)Any hazardous waste pharmaceuticals from healthcare facilities and reverse distributors.135 …136 Section 4.Conflicts.That all Ordinances, parts of Ordinances, Resolutions, or 137 parts of Resolutions in conflict herewith, be and the same are repealed to the extent of such conflict.138 Section 5.Severability. If any clause, section, or other part of this Ordinance shall be 139 held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional 140 or invalid part shall be considered eliminated and in no way affect the validity of the other 141 provisions of this Ordinance.142 Section 6.Codification. It is the intention of the City Commission of the City of 143 Boynton Beach, Florida, and it is hereby ordained that the provisions of this Ordinance shall 144 become and be made a part of the Code and Ordinances of the City of Boynton Beach, Florida, 145 and that Sections of this Ordinance may be renumbered, re-lettered and the word “Ordinance” may 146 be changed to “Section,” “Article,” or such other word or phrase in order to accomplish such 147 intention. 148 795 8-22-24 (SRW) Page 7 of 7 CODING:Words in strike through type are deletions from existing law; Words in underlined type are additions. Section 7.Effective Date.That this Ordinance shall take effect immediately 149 upon passage.150 151 FIRST READING this _____ day of _____________, 2024.152 SECOND, FINAL READING, AND PASSAGE this this _____ day of _____________, 2024.153 154 155 CITY OF BOYNTON BEACH, FLORIDA156 157 YES NO158 159 Mayor– Ty Penserga ________160 161 Vice-Mayor– Aimee Kelley ________162 163 Commissioner– Angela Cruz ________164 165 Commissioner– Woodrow L. Hay ________166 167 Commissioner– Thomas Turkin ________168 169 VOTE ____170 171 ATTEST:172 173 174 ________________________________________________________175 Maylee De Jesus, MPA, MMC Ty Penserga176 City Clerk Mayor177 178 APPROVED AS TO FORM:179 (Corporate Seal)180 181 ______________________________182 Shawna G. Lamb183 City Attorney184 185 186 796 FLORIDA DEPARTMENT OF Environmental Protection Bob Martinez Center 2600 Blair Stone Road Tallahassee, FL 32399-2400 Ron DeSantis Governor Jeanette Nuñez Lt. Governor Shawn Hamilton Secretary October 8, 2024 Krystine Delgado Vera Lab Technician/Industrial Pretreatment Coordinator South Central Regional WWT & Disposal Board 1801 N Congress Ave. Delray Beach, Florida 33445-2523 kdelgadovera@scrwwtp.org RE: Sewer Use Ordinance (SUO) Program Modification South Central Regional WWTP Permit No: FL0035980 Palm Beach County Dear Krystine Delgado Vera: The Florida Department of Environmental Protection has completed a review of control authority’s Draft Sewer Use Ordinance changes submitted on August 29, 2024. Based on the Department’s review, it was determined that the Draft Sewer Use Ordinances satisfy the requirements of the Dental Amalgam Rule, paragraph 62-625.400(2)(i), Florida Administrative Code (F.A.C.), and the pharmaceutical waste sewer ban, paragraph 62-625.400(2)(i), F.A.C.. The South Central Regional Wastewater Treatment and Disposal Board should schedule the Draft Sewer Use Ordinance for formal ratification by the appropriate local government as soon as possible. Following final local government ratification of the ordinance, the ratified Sewer Use Ordinance must be submitted to the Department as a substantial program modification in accordance with Chapter 62-625.510, F.A.C. The Sewer Use Ordinance shall become effective upon final Department approval of the program modification. Please provide the Department with the anticipated schedule of ratification within 30 days of receipt of this letter. If you have any questions or comments, please contact Brianna Cesaroni at Brianna.Cesaroni@FloridaDEP.gov, or by phone at 850-245-8695. 797 Krystine Delgado Vera South Central Regional WWTP/FL0035980 Page 2 of 2 October 8, 2024 Sincerely, Lauren Gottfreid Program Administrator Wastewater Management Program Division of Water Resource Management AW/BC cc: Brianna Cesaroni, DEP Tallahassee, Brianna.Cesaroni@FloridaDEP.gov Alex Weeks, DEP Tallahassee, Alexander.C.Weeks@FloridaDEP.gov 798 Page 1 of 3 Business Impact Estimate This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered and must be posted on the City’s website by the time notice of the proposed ordinance is published. Proposed ordinance’s title/reference: 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; 1 See Section 166.041(4)(c), Florida Statutes. Proposed Ordinance No. 24-XXX- First Reading, an Ordinance of the City Commission of the City of Boynton Beach, Florida, amending Chapter 26 “water, sewers, and utilities,” Article IV “sewers,” Division 4, “industrial and commercial waste,” Subdivision D “use of public sewers,” by creating Section 26-147.5 entitled “dental facilities that remove or replace amalgam fillings,” providing for local implementation of the effluent limitations guidelines and standards for dental category adopted by the State of Florida; providing for conflicts, severability, codification, and an effective date. Proposed Ordinance No. 24-XXX- First Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, amending the Code of Ordinances of the City of Boynton Beach Chapter 26 “water, sewers, and utilities," Article IV “sewers,” Division 4 “industrial and commercial waste,” subdivision a “general provisions,” Section 26-115, “abbreviations and definitions,” to adopt definitions for hazardous waste pharmaceuticals, healthcare facility, pharmaceutical, and reverse distributor, and to correct order; amending Chapter 26 “water, sewers, and utilities”, Article IV “sewers,” Division 4 “industrial and commercial waste,” subdivision D “use of public sewers,” Section 26-142, “prohibited discharges to sewers,” to add hazardous waste pharmaceuticals to the list of substances prohibited from being introduced to the City’s treatment works; providing for conflicts, severability, codification, and an effective date. ☐x 799 Page 2 of 3 ☐ 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. 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): See Above. 2. An estimate of the direct economic impact of the proposed ordinance on private, for- profit businesses in the City, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur if the ordinance is enacted: (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible: (c) An estimate of the City’s regulatory costs, including estimated revenues from any new charges or fees to cover such costs. 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: 800 Page 3 of 3 4. Additional information the governing body deems useful (if any): 801 City of Boynton Beach Agenda Item Request Form 10.B Regular Agenda 11/ 4/2024 Meeting Date: 11/ 4/2024 Conduct the one (1) year performance evaluation for Shawna Lamb, City Attorney, as requested by the City Commission at the 6 month review in May, 2024, such that the City Manager and City Attorney's annual reviews coincide with the new fiscal year. Requested Action: Pursuant to the City Attorney's appointment agreement, the City Commission will provide the City Attorney with a performance evaluation no less than annually. This will be Ms. Lamb's first annual performance evaluation and her current base salary is $215,250. Explanation of Request: The City Attorney's employment letter states that the Commission will provide the City Manager with a performance evaluation no less than annually, utilizing a process, criteria, and format for the evaluation that shall be agreed upon by the members of the Commission in consultation with the City Manager. The City Commission was requested to complete the evaluation form based on his/her assessment of the City Attorney in various categories, including Legal Expertise and Counsel, Management and Leadership, Communication and Relationships, Litigation Management, Ethics and Integrity, Timeliness and Efficiency, and Strategic Planning and Risk Management. In conjunction with any review of performance, the Commission may increase the base salary and/or other benefits of City Attorney in such amounts and to such extent as the Commission may determine is proper. The Commission may, from time to time, grant the City Attorney a performance bonus, provided the bonus is granted in accordance with Florida State Statute 214.425. How will this affect city programs or services? No impact. Fiscal Impact: Subject to Commission recommendation. Attachments: City Attorney Performance Review.docx City Attorney Review 2024.pptx Shawna Lamb Employment Agreement.PDF Fist Amendment to Shawna Lamb Employment Agreement.pdf 802 City Attorney Performance Review Name of City Attorney: [Insert Name] Review Period: [Start Date] to [End Date] Date of Review: [Insert Date] 1.Legal Expertise and Counsel (Rate 1-5, 5 being excellent) o Quality of legal advice: ____ o Knowledge of municipal law: ____ o Ability to anticipate legal issues: ____ o Quality of legal work product: ____ 2.Management and Leadership (Rate 1-5) o Supervision of legal department staff: ____ o Budget management: ____ o Professional development of staff: ____ 3.Communication and Relationships (Rate 1-5) o With City Commission: ____ o With City Manager and department heads: ____ 4.Litigation Management (Rate 1-5) o Effectiveness in handling litigation: ____ o Success rate in court: ____ o Cost-effective management of outside counsel: ____ 5.Ethics and Integrity (Rate 1-5) o Adherence to ethical standards: ____ o Transparency in operations: ____ o Conflict of interest management: ____ 6.Timeliness and Efficiency (Rate 1-5) o Responsiveness to requests: ____ o Meeting deadlines: ____ o Efficient use of resources: ____ 7.Strategic Planning and Risk Management (Rate 1-5) o Contribution to the City's strategic goals: ____ o Effectiveness in identifying and mitigating legal risks: ____ 8.Overall Performance Rating (1-5): ____ 803 Key Accomplishments: 1. 2. 3. Areas for Improvement: 1. 2. 3. Goals for Next Review Period: 1. 2. 3. Additional Comments: ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ Reviewer's Signature: ________________________ Date: ___________ City Attorney's Signature: ____________________ Date: ___________ 804 City Attorney AnnualReview November 4, 2024 1 805 Discussion: Performance Evaluation Criteria 2 Rating Scale: 1 = Unsatisfactory 2 = Below Expectations 3 = Satisfactory 4 = Meeting Expectations 5 = Exceeding Expectations 1. Legal and Expertise 2. Management and Leadership 3. Communication and Relationships 4. Litigation Management 5. Ethics and Integrity 6. Timeliness and Efficiency 7. Strategic Planning and Risk Management 806 The City Attorney began on October 23, 2023, with the arduous task of creating a fully functional, full-service law firm to meet all of the City’s needs. 3 807 KEY ACCOMPLISHMENTS A. RELATIONSHIP BUILDING AND CLIENT SERVICE 1.Established strong relationships with the City Commission and City Staff •Conducted needs assessment to align our legal services with their goals •Regular meetings and open communication channels 4 808 KEY ACCOMPLISHMENTS 2.Built a reputation for responsiveness and practical problem-solving •Ex.,Employment agreements and amendments are provided within 72 hours, grant documents within 24 hours, emergency agreements in less than 4 hours, etc.... •Resolving bid protests and complex litigation matters prior to litigation,Updating outdated/unconstitutional Ordinances, etc…. 5 809 KEY ACCOMPLISHMENTS B. LEGAL EXPERTISE AND COMPLIANCE 1.Developed comprehensive expertise in municipal law • Mastered local ordinances, state statutes, and federalregulations • Provide examples of how this expertise benefited the city 2.Created a system for monitoring legislative changes • Ensure the City is always in compliance with the latestlaws • Proactive approach to legal challenges 3.Established protocols for ethical compliance • Focus on managing conflicts of interest • Maintaining the highest standards of professionalconduct 6 810 KEY ACCOMPLISHMENTS C. OPERATIONAL EFFICIENCY 1.Developed efficient systems for public records requestsand open meetings laws • Improved transparency and compliance 2.Created templates for common municipal legaldocuments • Streamlined process for Ordinances, Resolutions, andContracts • Increased consistency and reduced errors 3.Implemented a system for tracking multiple ongoingmatters • Enhanced ability to handle complex, multi-faceted legal issues 7 811 KEY ACCOMPLISHMENTS D. PROFESSIONAL DEVELOPMENT AND NETWORKING 1.Built a strong network within the municipal law community • Joined key bar associations • Attended 4 specialized conferences • Developed relationships with other local and state municipal attorneys 2.Represent the City in professional settings • Enhancing the City's reputation in the legal community 8 812 KEY ACCOMPLISHMENTS E. GROWTH 1.Successfully hired and onboarded key legal staff •Created a full-service law firm •Each hire brings specific expertise to benefit the City 2.Developed a cohesive, efficient legal team •Improved capacity to handle the City's legal needs •Reduced reliance on external counsel 9 813 VALUE PROPOSITION •Improved legal compliance and risk management. •Enhanced efficiency in legal operations. •Cost savings through in-house expertise and streamlined processes. FUTURE GOALS: •Continue to reduce costs by reducing reliance on outside counsel. •Ensure that the City Attorney’s Office continues to be accessible and responsive. •Provide city-wide training on issues, including, but not limited to, public records laws, sunshine law, Code of Ethics, and procurement policies and procedures. 10 814 •Continuing commitment to serving the City's legal needs •Enthusiasm for tackling future legal challenges •Continued dedication to the City's growth and success 11 815 SALARY COMPARISON 12 PALM BEACH COUNTY/CITY TITLE YEARS IN POSITION YEARS AS ATTORNEY SALARY PALM BEACH COUNTY County Attorney 3 37 $282,699 WEST PALM BEACH City Attorney 9 20 $230,050 BOCA RATON City Attorney 0 $250,000* BOYNTON BEACH City Attorney 1 26 $215,250 DELRAY BEACH City Attorney 5 23 $254,321 WELLINGTON City Attorney 11 29 $226,886 AVERAGE Proposed Increase $241,841 *Currently hiring, starting at $250,000 816 Questions & Comments 13 817 EMPLOYMENT AGREEMENT THIS AGREEMENT, made and entered into this day of October 2023, by and between the City of Boynton Beach, Florida, a municipal corporation ("CITY"), and Shawna G. Lamb ("CITY ATTORNEY"), pursuant to these terms and conditions: WITNESSETH: WHEREAS, the City Commission ("COMMISSION"), pursuant to the City Charter and Code of Ordinances, has the power of appointment of the City Attorney; and, WHEREAS, the COMMISSION has determined that Shawna G. Lamb shall be appointed to serve as City Attorney subject to the following terms and conditions; and WHEREAS, Shawna G. Lamb wishes to accept appointment as City Attorney under the terms and conditions recited herein. NOW, THEREFORE, the COMMISSION, acting on behalf of and for the benefit of the CITY, and CITY ATTORNEY, agree as follows: 1.0 Duties 1.1 CITY ATTORNEY shall perform the functions and duties pursuant to Article II,Section 23 of the City Charter and other legally permissible and proper duties and functions as required of the officeor as directed by the COMMISSION. 1.2 CITY ATTORNEY agrees to perform the duties of CITY ATTORNEY with care, diligence, skill, and expertise. 2.0 Salary 2.1 CITY will pay CITY ATTORNEY an annualized base salary of Two Hundred Five Thousand Dollars 205,000.00], payable in equal bi-weekly payments, paid at the same time that other managerial level employees of the CITY are paid. 2.2 CITY will pay CITY ATTORNEY cost of living increases to be paid at the same time that other managerial level employees of the CITY are paid. 3.0 Performance Review. 3.1 The COMMISSION will provide the CITY ATTORNEY with a performance evaluation after the first six months of employment and thereafter no less than annually, utilizing a process,form,criteria, and format for the evaluation, which shall be agreed upon by the members of theCOMMISSION. 3.2 In conjunction with any review of performance, the COMMISSION may increase the base salary and/or other benefits of CITY ATTORNEY in such amounts and to such extent as the COMMISSION may determine is proper. Appointment Agreement—Shawna G.Lamb Xri^ *- Page 1 of 7 818 4.0 Terms of Appointment 4.1 This Agreement commences October 23,2023. 4.2 The CITY ATTORNEY serves at the pleasure of the City Commission,and therefore,the appointment has no fixed term. 4.3 Nothing in this Agreement shall limit the right of the COMMISSION to terminate the appointment of CITY ATTORNEY at any time, subject only to the provisions set forth in Section 5.0 of this Agreement. 4.4 Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the CITY ATTORNEY to resign at any time from her position with the CITY,subject only to the provisions set forth in Section 5.0 of this Agreement. 5.0 Termination Conditions and Pay 5.1 This Agreement shall terminate: 5.1.1 By mutual agreement of CITY ATTORNEY and the CITY. 5.1.2 By the CITY COMMISSION's unilateral termination of CITY ATTORNEY. 5.1.3 Death of CITY ATTORNEY. 5.1.4 Resignation of CITY ATTORNEY. 5.1.5 Amendment of the City Charter or Code of Ordinances pertaining to the role, powers, duties, authority, and responsibilities of the CITY ATTORNEY's position that substantially changes the authority of the CITY ATTORNEY, in which case,the CITY ATTORNEY shall have the right to declare that such amendments constitute unilateral City termination in the same manner as 5.1.2 above. 6.0 Rights and Obligations Upon Unilateral Termination by CITY. 6.1 Unilateral termination shall be by vote by the COMMISSION and need not reflect performance- related reasons. In the event of a termination for misconduct as defined by section 443.036(29)(a) or (b), Florida Statutes (2023), the CITY ATTORNEY shall not receive severance pay. If this Agreement is terminated by unilateral action by the CITY other than for misconduct, CITY ATTORNEY shall be entitled to: 6.1.1 Unpaid base salary through the effective date of the termination. 6.1.2 Severance pay equal to twenty [20] weeks of CITY ATTORNEY's base Salary pursuant to Section 2 of this Agreement, as may be adjusted from time to time (less all applicable deductions and withholdings). Appointment Agreement—Shawna G. Lamb 71 ,. .?L.-Page 2 of 7 819 6.1.3 In the event of a conflict between the severance benefit terms of this agreement and the limitation on severance benefits as provided in s. 215.425, Florida Statutes, the provisions of the statute shall prevail 6.1.4 Reimbursement for as-yet unreimbursed expenses pursuant to this Agreement. 6.1.5 One hundred percent [100%] of all earned and accrued vacation leave. 6.1.6 Fifty percent [50%] of all earned and accrued sick leave. 7.0 Rights and Obligations Upon Termination by Mutual Agreement. 7.1. Unpaid base salary through the effective date of the termination. 7.2 Reimbursement for as-yet unreimbursed expenses pursuant to this Agreement. 7.3 One hundred percent [100%] of all earned and accrued vacation leave. 7.4 Fifty percent [50%] of all earned and accrued sick leave. 8.0 Rights and Obligations Upon Termination Due to Disability or Death. 8.1. If this Agreement terminates due to CITY ATTORNEY's disability or death, CITY ATTORNEY or her guardian or personal representative shall be entitled to the following compensation and benefits: 8.1.1 Base salary to date of death or last day of work if disability. 8.1.2 Reimbursement for as-yet unreimbursed business expenses pursuant to this Agreement. 8.1.3 Fifty percent [50%] of earned and accrued sick leave and one hundred percent [100%] of vacation leave. 8.1.4 Life and/or disability benefits, if applicable. 8.1.5 Accrued deferred compensation. 8.1.6 In the event of any disagreement or dispute regarding to whom payment shall be made, the CITY may rely on a court order or in the absence of an order, may interplead the payment with a court of proper jurisdiction. 9.0. Rights and Obligations Upon Termination Due to Resignation. 9.1. If this Agreement terminates due to CITY ATTORNEY's resignation, CITY ATTORNEY shall be entitled only to the following compensation and benefits: 9.1.1 Base salary through the date of resignation or such other date as mutually agreed to between CITY ATTORNEY and the CITY. Appointment Agreement—Shawna G.Lamb efe * Page 3 of 7820 9.1.2 Reimbursement for as-yet unreimbursed expenses pursuant to this Agreement. 9.1.3 Fifty percent [50%] of earned and accrued sick leave and one hundred percent [100%] of vacation leave. 9.1.4 Accrued deferred compensation. 9.2. A resignation shall be submitted in writing to the COMMISSION through the City Clerk and shall provide for an actual resignation date no fewer than thirty [30] days following the date of notice of resignation.The COMMISSION may establish an earlier separation date, but compensation and benefits shall accrue through the full thirty [30]days. 10.0 Automobile 10.1. The CITY shall provide use of a vehicle to the CITY ATTORNEY,which shall be used for business and unlimited personal use. The vehicle shall be suitable for conducting City business and of comparable quality to vehicles purchased for or assigned to the City Manager. The CITY shall be responsible for paying for liability, property damage, and comprehensive insurance, and for the purchase (or lease), operation, maintenance, repair, and regular maintenance of a take-home automobile. 11.0 Additional Benefits. 11.1 The CITY will pay the premiums for employee group medical, dental, and vision insurance for the CITY ATTORNEY and her dependents. Each January, the CITY will also fund the CITY ATTORNEY'S health savings account to the IRS maximum family contribution amount. 11.2 The CITY will pay the premiums for CITY ATTORNEY'S group short-term and long-term disability insurance. 11.3 CITY shall pay for and provide the CITY ATTORNEY with term life insurance in the amount of Three Hundred Forty Thousand Dollars[$340,000.00]. The City will not be responsible for policy renewal after the date of termination of appointment. 11.4 CITY will pay an amount equal to the IRS maximum allowable contribution,which does not include the IRS maximum allowable for "catch up" provisions upon eligibility, into the CITY ATTORNEY'S deferred compensation account in equal proportionate amounts each pay period. 11.5 The CITY ATTORNEY is entitled to participate in the CITY's pension plan at the same rate as other managerial level employees of the CITY. 11.6 CITY ATTORNEY will accumulate vacation leave and may cash out leave as provided under the rules and regulations for other managerial employees of the CITY. 11.7 CITY ATTORNEY will accumulate sick leave and may cash out leave as provided under the rules and regulations for other managerial employees of the CITY. 11.8 The CITY will pay for the CITY ATTORNEY's Florida Bar membership dues and any continuing education courses required to maintain the CITY ATTORNEY'S Bar MemberAspOtArkuterrietnoimpt Agtvna G. Lamb e e Page 4 of 7 821 to exceed two thousand dollars [$2,000], per calendar year. 11.9 The CITY will pay for the registration, travel, and subsistence expenses of the CITY ATTORNEY for professional and official travel and meetings to continue the professional development of the CITY ATTORNEY and to pursue necessary official and other functions for the CITY. 11.10 The CITY will pay for the registration, travel, and subsistence expenses of the CITY ATTORNEY for short courses, institutes, and seminars that are necessary for this professional development and the good of the CITY. 11.11 The CITY will pay for the professional dues and subscriptions of CITY ATTORNEY necessary for her continuation and full participation in national, regional, state,and local associations, civic groups, committees, and organizations necessary and desirable for her continued professional participation,growth and advancement, and for the good of the CITY. 12.0 Reimbursable Business Expenses 12.1 CITY will reimburse CITY ATTORNEY for all business-related expenses upon presentation to the Finance Director of duly executed expense vouchers, receipts, statement, or personal affidavits. 13.0 Outside Activities 13.1 Recognizing that certain teaching opportunities provide indirect benefits to the CITY and the community, with prior City Commission approval,the CITY ATTORNEY may elect to accept limited teaching, with the understanding that such arrangements must neither constitute interference with nor a conflict of interest with her responsibilities under this Agreement. 14.0 Indemnification 14.1 CITY shall defend, hold harmless from, and indemnify CITY ATTORNEY against any tort, professional liability claim, demand, or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of CITY ATTORNEY's duties as CITY ATTORNEY in accordance with the provisions of Sections 111.07 and 111.071, Florida Statutes. CITY shall either compromise and settle any claim or suit or pay the amount of any judgment against CITY ATTORNEY rendered thereon, if not compromised and settled. 14.2 CITY reserves the right to select,appoint,retain,and discharge legal counsel necessary to provide the foregoing defense. 15.0 Bonding 15.1 CITY shall bear the full cost of any fidelity, professional liability insurance, or other bonds required of the CITY ATTORNEY under any law or ordinance. Appointment Agreement—Shawna G.Lamb 0.Tp i) Page 5 of 7 822 16.0 Other Terms and Conditions of Appointment 16.1 The CITY has appropriated funds of the CITY in an amount sufficient to fund and pay all financial obligations of the CITY ATTORNEY pursuant to this Agreement, including but not limited to the Severance and other benefits set forth above. 16.2 The COMMISSION, in consultation with the CITY ATTORNEY, shall fix such other terms and conditions of appointment, as it may determine from time to time, relating to the performance of CITY ATTORNEY, provided such terms and conditions are not inconsistent with or in conflict with the provisions of the Agreement, the City Charter or any other law but no subsequent agreement that would modify monetary benefits is binding on the parties unless reduced to writing and approved and signed with the same formalities as this Agreement. 16.3 The CITY ATTORNEY will be required to work on premises five (5) days a week or four (4) days a week with one (1) day working remotely. The CITY ATTORNEY shall dedicate herself to the tasks necessary to effectively and efficiently manage the affairs of the CITY. 16.4 The CITY will provide the CITY ATTORNEY with a laptop computer, cellular phone or phone allowance, or other similar electronic devices suitable for on and offsite business use. 17.0 Binding Effect 17.1 The Agreement shall be binding on the CITY and CITY ATTORNEY and the successors, assigns,and heirs of each, respectively. 17.2 The effective date of the Agreement shall be the date it is last signed by either the CITY or the CITY ATTORNEY. End of Agreement-Signature Page Follows Appointment Agreement—Shawna G. Lamb eirf, .. e. Page 6 of 7 823 IN WITNESS WHEREOF,the parties sign and execute this Agreement. CITY OF BOYNTON BEACH, FLORIDA Witne. Ty •,-' I) Mayor h IIA Date•:5\at'a3 Witness CITY TTORNEY d 4444,11 dig ditind Witness Shawna G. Lamb q/n'2 Dated: /015 /W3 Witness Ap•roved as • Form A ST: a 11. 1._t David N.Tolces Mayle: De -sus,MMC Interim City Attorney City Clerk pY N s••••• d p••• RPOR,r•• F s U SEAL N:S INCORPORATED: ; 1920 • : PORIO Appointment Agreement—Shawna G.Lamb Page 7of7 824 G_\T Y O.C. FIRST AMENDMENT TO EMPLOYMENT AGREEMENT BETWEEN THE CITY OF t BOYNTON BEACH AND SHAWNA G. LAMB a c 4 I O N l This First Amendment("Amendment") is entered into by and between the City of Boynton Beach, a Florida municipal corporation ("City"), and Shawna G. Lamb ("City Attorney") collectively referred to as the "Parties"). RECITALS A. The City Commission ("Commission") of the City of Boynton Beach, Florida, pursuant to the City Charter and Code of Ordinances has the power of appointment of the City Attorney. B. On October 3, 2023, the Parties entered into an Employment Agreement for City Attorney Services (the "Agreement"). C. At the May 21, 2024, City Commission Meeting, the Commission conducted a performance evaluation of the City Attorney and pursuant to a 4-1 vote, voted to amend the Agreement as further set forth herein. Now, therefore, in consideration of the mutual terms and conditions, promises, covenants, and payments hereinafter set forth, City and City Attorney agree as follows: 1. The above Recitals are true and correct and are incorporated herein by reference. All capitalized terms not expressly defined within this Amendment shall retain the meaning ascribed to such terms in the Agreement. 2.Except as modified herein, all remaining terms and conditions of the Agreement shall remain in full force and effect. 3.Salary. Effective May 22, 2024, City Attorney's annualized base salary shall be increased to Two Hundred Fifteen Thousand Two Hundred Fifty Dollars ($215,250.00). 4.Benefits. City Attorney shall receive all "executive tier" benefits (e.g., cell phone allowance, PTO, etc.) provided to other Charter Officer Deputy/ managerial level employees of the City, unless otherwise expressly stated in the Agreement. 5.Performance Review.Section 3.1 of the Agreement is hereby amended to read as follows: 3.1 The Commission will provide City Attorney with a performance evaluation (i) after the first six months of employment, (ii) at the first City Commission meeting in October of 2024, and (iii) thereafter no less than annually at the first City Commission meeting in First Amendment to City Attorney Employment Agreement Page 1 of 2 825 October each year, utilizing a process,form, criteria, and format for the evaluation, which shall be agreed upon by the members of the Commission. 6.Complete Agreement. In the event of any conflict or ambiguity between this Amendment and the Agreement, the Parties agree that this Amendment shall control. The Agreement, as amended herein by this Amendment, incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein, and the Parties agree that there are no commitments, agreements, or understandings concerning the subject matter hereof that are not contained in the Agreement as amended in this Amendment. Accordingly,the Parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. 7.Effective Date. This Amendment shall be retroactively effective on May 22, 2024, regardless of the later date of complete execution by the Parties. 8.This Amendment may be executed in multiple originals, and may be executed in counterparts, whether signed physically or electronically, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. CITY CITY ATTORNEY CITY OF BOYNTON BEACH By BY44An6 Ty e a, Mayor Shawna G. Lamb 22 a • A 2024 ZZAiday of g 2024 Atte : 1 ,I City I: ' BOY a° r•'•• T04L%, CITY A ORNEY'S OFFICE 4" / SEA RPo r' SEA .•C',, Appro d as to for a d e!.I' y lito I. i _ 20 ••'• 4ORIDA First Amendment to City Attorney Employment Agreement Page 2 of 2 826 City of Boynton Beach Agenda Item Request Form 10.C Regular Agenda 11/ 4/2024 Meeting Date: 11/ 4/2024 Discussion regarding city entry way signs and additional digital signs. Requested Action: Requested by Mayor Penserga and Commissioner Hay. Attachments: Signage presentation powerpoint.pptx 827 City Signagepresentation Nov. 4, 2024 828 Mission: To create a signage network that fits into the city’s branding guidelines, strategic plan and expands its communications needs. 829 Iconic City Signage 830 Policy action: Entrance Sign Plan City of Boynton Beach Strategic Plan, Goal 4: “A Safe, Clean and Attractive/Beautiful Community” 831 SCOPE OF PRESENTATION Existing Signage • Type • Location • Style/Appearance • Function • Effectiveness 832 City branding guidelines 833 834 Existing signage 835 Digital signs •City Hall •Woolbright and Seacreast •Ezell Hester Park •Sara Sims Park Easy way to send immediate messages to residents about events, programs and emergency notifications Current locations: Possible future locations? •Fire Station 3, Congress and Miner (planned) •Consider traffic patterns and density •Consider areas that have no current messaging 836 Interactive signage map •early stages, not comprehensive •will evolve to keep track of sign locations •will help planning future locations 837 Style 838 Inspiration 839 Signs As Art 840 Signs As Art 841 Replacement opportunities 842 Future signage possibilities 843 Future signage possibilities (continued) 844 Or even… 845 Questions? 846 City of Boynton Beach Agenda Item Request Form 10.D Regular Agenda 11/ 4/2024 Meeting Date: 11/ 4/2024 Presentation regarding artificial turf as requested by Commissioner Turkin. Requested Action: Commission discussion regarding the use of artificial turf on residential property. How will this affect city programs or services? N/A Fiscal Impact: N/A Attachments: Artificial Turf Presentation.pptx 847 Artificial Turf Planning and Zoning Division November 4, 2024 848 Artificial Turf Artificial turf is a material that is made of synthetic, man-made fibers that look like blades of real grass. Its synthetic grass blades are green and can replicate different kinds of grass. https://turfgrassartificialsolutions.com/ Compacted Rock Synthetic fiber Infill Rubber Weed Membrane Leveling Material Geotextile Soil 849 Uses of Artificial Turf •Sports Field, Indoor & Outdoor •Patio / yards •Rooftop •Pool Deck •Playground 850 Comparison of Natural Grass & Artificial Turf 851 Natural Grass Artificial Turf Requires regular mowing and lawn care Requires compact subgrade for installation and regular cleaning to remove accumulated dirt and debris Naturally absorbs rainfall Needs drainage system for rainfall Cools the ambient air temperature by absorbing heat Elevated surface and ambient air temperate under direct sunlight Provides natural habitat Does not support the natural ecosystem and can contaminate water runoff with micro plastics Biodegradable Contains non-biodegradable plastics and is not recyclable Comparison of Natural Grass & Artificial Turf 852 Relevant Regulations for Single Family & Duplex Residential Property The area of driveways and other impervious surfaces shall not exceed 40% of the minimum front yard area. Decks, patios, & porches must be set back at least 2 feet from the property line to ensure proper drainage. The total areas void of landscaping or xeriscape ground cover shall not exceed 100 square feet of any pervious areas visible from a public or private right-of- way. A land development permit for any proposed driveway, patio, terrace, sidewalk, or the like in excess of 800 square feet is required. 853 Wellington West Palm Beach Lake Worth Beach Delray Beach Boca Raton Doral Lantana Palm Beach Gardens Allowed Area in Residential Property Allowed in side/rear yard, but not in front yard except for the limited use as decorative grid design Allowed in side/rear yard, but not in front yard Allowed in rear yard, but not in front yard Allowed in rear / interior side yard, but not in front yard except as driveway accent Allowed in front / side / rear yards Allowed in front / side/ rear yard up to property line Allowed in front yard Allowed in front/side / rear yard, cannot exceed lot coverage Allowed in Non- residential Property Only in recreation or amenity areas as approved on Site Plan Allowed in non-city owned recreation amenities, roof top terraces Only in recreation or amenity areas and roof top terraces Allowed in non- residential property Commercial / Industrial Recreation amenity area and Commercial Allowed as overall design component for landscape requirements Only in recreation use Right-of-way/ Drainage / Swale Not Allowed Not Allowed Not Allowed Not Allowed Not Allowed Allowed within local or collector streets abutting single family Not specified Not Allowed Permit & Inspection Required Required Required Required Required Required Required Required Manufacturing & Installation Specifications Required Required Required Required Required Required Required Required Considered impervious area and Subject to Drainage Requirements Considered as impervious and must meet drainage requirements Considered as impervious and must meet drainage requirements Considered as semi- pervious and must meet drainage requirements Must meet drainage requirements Considered as impervious and must meet drainage requirements Must meet drainage requirements Must meet drainage requirements Considered as impervious and must meet drainage requirements and subject to lot coverage review Installed according to standards Yes Yes Yes Yes Do not regulate installation methods Yes Yes Yes Shall be shielded from Shall be shielded from Not visible from the Cannot be visible from public or private right- If installed in ROW the homeowner / Required documents Comparison Among Cities *** Cities that do not allow: City of Greenacres, Town of Jupiter, & Village of Palm Springs *** 854 Cities that do not allow artificial turf in the front yard, but do allow it in side or rear yards: Delray Beach | Lake Worth | Wellington | West Palm Beach Cities that do not allow artificial turf: Greenacres | Jupiter | Palm Springs Generally, research has shown that cities: Do not allow artificial turf within rights-of-way, swales, or drainage easements Do require a permit and manufacturing specifications: Do require a permit to verify drainage requirements and any adverse impacts to adjacent properties Comparison Among Cities 855 Pros & Cons of Artificial Turf Pros • Maintain color and appearance year round • Less pest control maintenance • No need for fertilizer or mowing • Reduced water consumption • Durable Cons • Can be damaged, torn or worn. High replacement costs. • Surface temperature heats up faster than sod • Regular washing and raking of the turf is needed • Not recyclable • Can pool stormwater and cause drainage problems if not properly installed • Can increase stormwater runoff as it is generally considered impervious material • Studies show environmental concerns including micro plastic contamination of water 856 1. Currently 40% of front yard is permitted to be impervious. • Limits parking, paved area, and turf 2. Artificial turf only allowed in the rear of the property. • Not visible from street 3. Artificial turf not permitted within swales or drainage easements • To allow proper draining and maintenance Direction 857 If the commission desires to expand the use of artificial turf staff recommends … • Turf is considered impervious material. • Require a permit to install artificial turf and drainage information • Include manufacturing and installation standards Direction 858 Questions? 859 City of Boynton Beach Agenda Item Request Form 10.E Regular Agenda 11/ 4/2024 Meeting Date: 11/ 4/2024 Presentation providing updates on Development projects within the City. Requested Action: Per the request of Vice Mayor Kelley, staff has prepared a presentation reviewing current development within the City. 860 Amendment to Contract/RFP No. 018-2413-19/IT Page 1 of 7 LIMITED TERM EXTENSION AMENDMENT TO AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PARKMOBILE, LLC FOR “PAY FOR PARKING SERVICES This Limited Term Extension Amendment (“Amendment”) is entered into by and between the City of Boynton Beach, a Florida municipal corporation (“City”), and Parkmobile, LLC with principal address at 1100 Spring Street NW, Suite 200 Atlanta, GA 30309, a Foreign Limited Liability Company registered to transact business in the State of Florida (“Vendor”) (collectively referred to as the “Parties”). RECITALS A. On November 6, 2019, the Parties entered into Contract/RFP No. 018-2413-19/IT (the “Agreement”) for Pay for Parking Services. B. The current term of the Agreement expires on November 5, 2024, and all renewal options for the Agreement between City and Vendor have been exercised. C. The City is in the process of reviewing the service, determining the best methodology of procurement, and desires to extend the Term of the Agreement on a limited basis to provide time for the issuance of a competitive solicitation for a new contract. Now, therefore, in consideration of the mutual terms and conditions, promises, covenants, and payments hereinafter set forth, City and Vendor agree as follows: 1. The above Recitals are true and correct and are incorporated herein by reference. All capitalized terms not expressly defined within this Amendment shall retain the meaning ascribed to such terms in the Agreement. 2. Except as modified herein, all remaining terms and conditions of the Agreement shall remain in full force and effect. 3. The Term of the Agreement is hereby extended on a month-to-month basis for an additional six (6) months, expiring upon the earlier of May 4, 2025, or upon execution of a contract under the City’s procurement process. 4. Modified Fees. Exhibit B of the contract is amended to replace the Permit Management Software and associated fees exhibit approved by the First Amendment to the Agreement with the reduced fees outlined in the attached Exhibit 1. 5. In the event of any conflict or ambiguity between this Amendment and the Agreement, the Parties agree that this Amendment shall control. The Agreement, as amended herein by this Docusign Envelope ID: B1BA0E74-6242-4DDF-9BA5-F165E5787997 636861 Amendment to Contract/RFP No. 018-2413-19/IT Page 2 of 7 Amendment, incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein, and the Parties agree that there are no commitments, agreements, or understandings concerning the subject matter hereof that are not contained in the Agreement as amended in this Amendment. Accordingly, the Parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or w ritten. 6. Vendor acknowledges that through the date this Amendment is executed by Vendor, Vendor has no claims or disputes against City with respect to any of the matters covered by the Agreement. 7. The following new sections are added to the Agreement as follows: (a) Discriminatory Vendor and Scrutinized Companies List; Countries of Concern. Vendor represents that it has not been placed on the “discriminatory vendor list” as provided in Section 287.134, Florida Statutes, and that it is not a “scrutinized company” pursuant to Sections 215.473 or 215.4725, Florida Statutes. Vendor represents and certifies that it is not, and for the duration of the term of the Agreement will not be, ineligible to contract with City on any of the grounds stated in Section 287.135, Florida Statutes. Vendor represents that it is, and for the duration of the term of the Agreement will remain, in compliance with Section 286.101, Florida Statutes. (b) Verification of Employment Eligibility. Vendor represents that Vendor and each subcontractor have registered with and use the E-Verify system maintained by the United States Department of Homeland Security to verify the work authorization status of all newly hired employees in compliance with the requirements of Section 448.095, Florida Statutes, and that entry into this Agreement will not violate that statute. If Vendor violates this section, City may immediately terminate this Agreement for cause, and Vendor shall be liable for all costs incurred by City due to the termination. (c) Prohibited Telecommunications Equipment. Vendor represents and certifies that Vendor and all subcontractors do not use any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, as such terms are used in 48 CFR §§ 52.204-24 through 52.204-26. Vendor represents and certifies that Vendor and all subcontractors shall not provide or use such covered telecommunications equipment, system, or services during the duration of the term of the Agreement. (d) 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 for eign country Docusign Envelope ID: B1BA0E74-6242-4DDF-9BA5-F165E5787997 637862 Amendment to Contract/RFP No. 018-2413-19/IT Page 3 of 7 of concern. On or before the effective date of this Amendment, Vendor and any subcontractor that will have access to personal identifying information shall submit to City executed affidavit(s) under penalty of perjury, in a form approved by City attesting that the entity does not meet any of the criteria in Section 287.138(2), Florida Statutes. Compliance with the requirements of this section is included in the requirements of a proper invoice for payment purposes. 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. (e) Sovereign Immunity. Except to the extent sovereign immunity may be deemed waived by entering into this Agreement, nothing herein is intended to serve as a waiver of sovereign immunity by City, nor shall anything included herein be construed as consent by City to be sued by third parties in any matter arising out of this Agreement. (f) Anti-Human Trafficking. On or before the Effective Date of this Amendment, 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. 8. The effective date of this Amendment shall be the date of complete execution by the Parties. 9. This Amendment may be executed in multiple originals, and may be executed in counterparts, whether signed physically or electronically, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. (The remainder of this page is blank.) Docusign Envelope ID: B1BA0E74-6242-4DDF-9BA5-F165E5787997 638863 Amendment to Contract/RFP No. 018-2413-19/IT Page 4 of 7 CITY CITY OF BOYNTON BEACH By____________________________ Ty Penserga, Mayor ____ day of ______________, 2024 Attest:_________________________ City Clerk CITY ATTORNEY’S OFFICE Approved as to form and legality By:____________________________ VENDOR PARKMOBILE, LLC By_______________________ Authorized Signer _______________________ Print Name and Title _____ day of ______________, 2024 SRW 10.24.24 Template Limited Term Extension Docusign Envelope ID: B1BA0E74-6242-4DDF-9BA5-F165E5787997 Justin Clifford 11/1/2024 639864 Amendment to Contract/RFP No. 018-2413-19/IT Page 5 of 7 EXHIBIT 1 AMENDED PERMIT MANAGEMENT SOFTWARE AND ASSOCIATED FEES PRICING SUMMARY Citation Processing Services Description Upfront Ongoing Includes Parking Management Software - $1.99 Per Citation Issued Full citation processing software suite configuration, training, implementation, hosting, and ongoing support ▪ Citation records management system (AutoPROCESS) ▪ Registered owner acquisition ▪ FL DMV registration holds ▪ Processing notice generation and mailing ▪ Mail payment processing (Lockbox) ▪ Web & IVR credit card payment processing (hosted website and IVR system) ▪ DMV vehicle registration hold services ▪ Customer service (live call reps.) ▪ Late notice generation, mailing, and PDF image import on up to a 3 processing notice series ▪ Correspondence processing ▪ Document imaging (notices, originally issued citations, other multimedia) Web/IVR Payment Convenience Fee (Paid by Motorist) - $3.50 Per payment transaction via web or IVR systems Hosted payment website and IVR systems (Duncan MOR) Postage for Processing Notices - Applicable USPS bulk postage rate $0.423* Per letter sent *As of 7/24/2020 Direct pass-through costs for all letters sent Docusign Envelope ID: B1BA0E74-6242-4DDF-9BA5-F165E5787997 640865 Amendment to Contract/RFP No. 018-2413-19/IT Page 6 of 7 Permit Management Services Description Upfront Ongoing Includes Permit Management Software - $5.75 Per permit purchased up to 1,000 permits annually. Virtual permits in excess of 1,000 annually are free Full permit management AutoPROCESS module and PAM hosted online permit portal configured to the requirements of the City. Web Payment Convenience Fee (Paid by Motorist) - $3.50 Per permit purchased via web Hosted payment website (Duncan MOR) Postage per Permit Renewal Notice - Applicable USPS bulk postage rate $0.423* Per Notice Sent As of 7/24/2020 USPS first class mailing. Postage costs are a direct pass-through based on USPS rate at the time of mailing. Delinquent Special Collections Description Upfront Ongoing Includes Special Collection Fee - 30.00% of revenue collected, A full-service secondary collections process following assignment to collection agency ▪ Notice generation (notice and postage costs are included in percentage of revenue collected fee. Based on 2 notice series. There are no additional costs.) ▪ Target population analysis ▪ Effectiveness reports ▪ Skiptracing ▪ No name and address research ▪ Outbound Calling Docusign Envelope ID: B1BA0E74-6242-4DDF-9BA5-F165E5787997 641866 Amendment to Contract/RFP No. 018-2413-19/IT Page 7 of 7 TERMS AND CONDITIONS 1. End Customer will be responsible for all postage costs associated with the mailing of notices mailed prior to assignment to special collections. PAM is responsible for postage costs following assignment to special collections. 2. All post-implementation changes or enhancements requested by, or on behalf of, End Customer will be performed by PAM on a time and materials basis. The billing rates to be used will be the rates in place when the work is completed. All requests for system changes and/or enhancements will be submitted in writing by ParkMobile on behalf of End Customer, from which PAM will furnish an estimate. 3. Consumables, including receipt paper, printer ink cartridges and toner will be provid ed by, or purchased by, End Customer. 4. This agreement is subject to monthly contract minimum of $3,500.00. If the sum of End Customer’s itemized invoice (excluding permit fees, postage, convenience fees and special collection fee charges) falls below this threshold, End Customer will be billed a fixed $3,500.00 program management fee in lieu of the itemized rates listed above. Threshold evaluation will be conducted monthly, during invoice preparation. Docusign Envelope ID: B1BA0E74-6242-4DDF-9BA5-F165E5787997 642867