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Agenda 08-19-25 AThe City of Boynton Beach City Commission Agenda Tuesday, August 19, 2025, 6:00 PM City Hall Commission Chambers 100 E. Ocean Avenue Boynton Beach City Commission Rebecca Shelton, Mayor (At Large) Woodrow L Hay, Vice Mayor (District II) Angela Cruz, Commissioner (District I) Thomas Turkin, Commissioner (District III) Aimee Kelley, Commissioner (District IV) Daniel Dugger, City Manager Shawna Lamb, City Attorney Maylee De Jesus, City Clerk *Mission* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. www.boynton-beach.org 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 Commission Meeting is in session. 2 1.Openings 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: https://www.boynton-beach.org/748/Watch-City-Commission-Meetings 2. Watch the meeting online and provide public comment during the meeting: YouTube channel (https://www.youtube.com/@cityofboynton). Please click onto the description / more tab under the video player to see: *The Agenda link *Live-To-Air Public Comment link *Instructions on how to make a comment link *Tech Support hotline number 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. *Presenters, Consultants, and Subject Matter Experts (SME) may join at any time with prior approval. 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. 3 A.Call to Order - Mayor Rebecca Shelton 2.Other A.Information Items by members of the City Commission. 3.Announcements, Community and Special Events And Presentations 4.Public Audience 5.Administrative A.Advisory Board Appointments.- Tabled at the July 15, 2025 and August 5, 2025 Meeting. 6.Consent Agenda A.Proposed Resolution No. R25-215- Approving the Work Experience Program and approving a standard template Agreement between the City and Palm Beach School for Autism, Inc. B.Proposed Resolution No. R25-216- Approve the Memorandum of Understanding (MOU) between the City of Boynton Beach and the Health Care District of Palm Beach County establishing a pilot program to assist law enforcement in effectively responding to and linking residents to appropriate behavioral health or substance abuse services. C.Proposed Resolution No. R25-217- Approve an increase in the annual expenditure to Alpha1 Staffing/Search Firm, LLC by correcting a scrivener's error in Resolution No. 25-011, approved on January 7, 2025, to reflect an annual expenditure of $260,000, not $120,000 as originally stated. Roll Call. Invocation by Pastor Shaun Blakeney, My Anchor Church. Pledge of Allegiance to the Flag led by Commissioner Kelley. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption City Commissioners to disclose any informational items to the public. Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission. Speakers will be limited to 3-minute presentations (at the discretion of the Chair, this 3-minute allowance may need to be adjusted depending on the level of business coming before the City Commission). City Commission to reappoint and appoint eligible members of the community to serve in vacant positions on City Advisory Boards. Staff recommends approval of Proposed Resolution No. R25-215. Staff recommends approval of Proposed Resolution No. R25-216. Staff recommends approval of Proposed Resolution No. R25-217. 4 D.Proposed Resolution No. R25-218- Approve sports provider facility use agreement between City of Boynton Beach and East Boynton Blaze Baseball Inc. for the use of Galaxy Park located at 301 Galaxy Way, Boynton Beach, FL 33435, and authorizing the Mayor to execute the agreement. E.FY 24-25 Third Quarter Schoolhouse Children's Museum Report to Commission. F.Commission Meeting Minutes. 7.Consent Bids and Purchases A.Proposed Resolution No. R25-219- Approving a three-year agreement with CivicPlus for website and Municode hosting, maintenance, and support service not exceeding $50,000 annually for a total expenditure not exceeding $150,000 over the contract term. B.Proposed Resolution No. R25-220- Approve an agreement between the City of Boynton Beach and The Knot Worldwide, Inc. a global premiere company that provides products and services for couples who are planning weddings and other life milestones. C.Proposed Resolution No. R25-221- Awarding Request for Qualifications No. UTL25- 018Q for Chapel Hill Drainage Improvements- Engineering and Design Services to Baxter & Woodman, Inc., approving an Agreement between the City and Baxter & Woodman, Inc. in an amount not to exceed $1,490,827, and approving a budget transfer to allocate sufficient funding for the project. D.Proposed Resolution No. R25-222- Approving a Piggyback Agreement with Trane U.S. Inc. for the replacement of (2) DX Packaged AC Units located in the adjacent mechanical housing building at the West Water Treatment Plant and a 20-ton split system at the Utilities Administration Building, for an estimated expenditure of $391,126.72 plus a 10% contingency, for a total expenditure not to exceed $430,239.39. E.Proposed Resolution No. R25-223- Approving a piggyback agreement with Pantropic Power, Inc., an authorized Caterpillar, Inc. dealer, utilizing Sourcewell contract 040924-CAT Contract for East Water Treatment Plant Rental Generator for a not-to-exceed amount of $136,871.60 annually. Staff recommends approval of Proposed Resolution No. R25-217. Staff recommends approval of Proposed Resolution No. R25-218. Accept FY24-25 third quarter report on operations of the Schoolhouse Children's Museum. Approve minutes from the July 7, 2025 Budget Workshop and July 15, 2025 City Commission Meeting. Staff recommends approval of Proposed Resolution No. R25-219. Staff recommends approval of Proposed Resolution No. R25-220. Staff recommends approval of Proposed Resolution No. R25-221. Staff recommends approval of Proposed Resolution No. R25-222. Staff recommends approval of Proposed Resolution No. R25-223. 5 F.Proposed Resolution No. R25-224- Approve a Piggyback Agreement between the City of Boynton Beach and Advanced Roofing, Inc. utilizing Equalis Group Bid No. RFP-R10-1166 for reroofing and installation services for the re-roofing of the Public Works Auxiliary Building in the amount of $212,094.55, plus a 10% contingency of $21,209.45, not to exceed $233,304. G.Proposed Resolution No. R25-225- Approve increasing the annual expenditure on the Purchase Order with Amazon Business for the purchase of supplies on an as- needed basis from $300,000 to an amount not to exceed $450,000. H.Proposed Resolution No. R25-226- Approve an Agreement with Waste Management Inc. of Florida for Recycling Materials, with an Annual Expenditure not to exceed $490,000. 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. 25-006- Second Reading, An Ordinance of the City Commission of the City Of Boynton Beach, Florida, Amending Part II, Chapter 27, Article I, Section 27-2 "Board or Committee Member Selection; Organization; Qualifications; Term," establishing limited authority to waive certain appointment requirements; providing for codification; providing for severability; providing for conflicts; and providing for an effective date. B.Proposed Ordinance No. 25-011- Second Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, amending Chapter 2, Article III "Elections" of the City Code Ordinances, to re-title Section 2-42 to read "Candidate Requirements and Qualifications, Official Ballot, and Filing Fees" establishing qualifying requirements, modifying the number of petitions required to run for office, and the amount of the Campaign Filing Fee; and creating Section 2-48 entitled "Campaign Signs- Bonds, Penalties, and Financial Responsibility;" providing for codification; providing for severability; providing for conflicts; and providing for an effective date. 9.City Manager’s Report 10.Regular Agenda A.Proposed Ordinance No. 25-012- First Reading, An Ordinance of the City of Boynton Beach, Florida, repealing Section 16-44 of the City Code of Ordinances Entitled Staff recommends approval of Proposed Resolution No. R25-224. Staff recommends approval of Proposed Resolution No. R25-225. Staff recommends approval of Proposed Resolution No. R25-226. Staff recommends approval of Proposed Ordinance No. 25-006, on second reading. Staff recommends approval of Proposed Ordinance No. 25-011, on second reading. 6 "Gambling"; providing for codification; conflicts; severability; and an effective date. Proposed Ordinance No. 25-014- First Reading, An Ordinance of the City of Boynton Beach, Florida, repealing Article XII, Section 15-128 through 15-133 of Chapter 15 of the City Code of Ordinances, which established and revised the prohibition of loitering in the City of Boynton Beach; providing for codification; conflicts; severability; and an effective date. B.Proposed Ordinance No. 25-015- First Reading, An ordinance of the City of Boynton Beach, Florida amending Chapter 10, Article III, entitled "Abandoned Property" by repealing Article III in its entirety and replacing it with a new Article III entitled "Abandoned Property;" amending Chapter 12 entitled "reserved" by renaming it "Foreclosed, Vacant, and Unimproved Property Registration Program" and creating new sections thereunder; providing for conflicts, severability, codification; and providing an effective date. C.Proposed Ordinance No. 25-016- First Reading, An ordinance of the City of Boynton Beach, Florida repealing and replacing Chapter 15 "Offenses- Miscellaneous*," Article I "In General" Noise Control-Short title," and creating new sections thereunder; providing for conflicts, severability, codification; and providing an effective date. D.Proposed Ordinance No. 25-017- First Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, correcting errors in the legal descriptions contained in Ordinance 23-006 approving the abandonment of the 225- foot long segment of the 20-foot wide right-of-way located within the northern section of the proposed The Pierce development approximately 175 feet south of the East Boynton Beach Boulevard centerline (a.k.a. "North Alley"), the 225-foot long segment of the 40-foot wide NE 1st Avenue right-of-way, and the 335.02-foot long segment of the 20-foot wide right-of-way located within the southern section of the proposed The Pierce development, approximately 150 feet north of the East Ocean Avenue centerline (a.k.a. "South Alley"); authorizing the City Manager to execute an amended disclaimer, which shall be recorded with this ordinance in the public records of Palm Beach County, Florida; providing an effective date; and for all other purposes. E.Proposed Ordinance No. 25-018- First Reading, An ordinance of the City of Boynton Beach, Florida amending Chapter 14 "Motor Vehicles and Traffic," Section 14-5 "Stopping, standing, parking, or storage prohibited in specified places," and creating new sections thereunder; providing for conflicts, severability, codification; and providing an effective date. F.Proposed Resolution No. R25-227- Adopting the Boynton Beach 2025 Economic Development Plan. Staff recommends approval of Proposed Ordinance No. 25-012 and Proposed Ordinance No. 25-014, on First Reading. Staff recommends approval of Proposed Ordinance No. 25-015, on First Reading. Staff recommend the approval of Proposed Ordinance No. 25-016, on first reading. Staff recommends approval of Proposed Ordinance No. 25-017, on first reading. Staff recommends the approval of Proposed Ordinance No. 25-018, on first reading. 7 11.Future Agenda Items A.Discussion regarding creating a beautification board. - TBD B.Discussion regarding Citywide Master Plan to light up the City.- TBD C.Discussion on utility lift station upgrades and odor control - TBD D.Discussion in regards to an additional area that might be available as a future cemetery.- Pending meeting with City Real Estate Manager. E.Discussion regarding combining City properties together to create senior affordable housing.- Pending Joint Meeting with the CRA. F.Discussion regarding Amendments to the Code of Ordinances regarding flooding in the community.- Pending meeting with Commissioner Cruz G.Discussion regarding the expansion of ShotSpotter south of Boynton Beach Boulevard.- TBD H.Update on the City's Strategic Planning efforts. - TBD I.Discussion regarding bulk trash pickup. - TBD J.Discussion regarding requirements to construct required sidewalks and exemptions as outlined in Land Development Regulations, Chapter 4, Article VIII, Section 3 Standards, D Sidewalks. - TBD 12.Adjournment Staff recommends approval of Proposed Resolution No. R25-227. Requested by Commissioner Turkin. Requested by Commissioner Turkin. Requested by Vice Mayor Hay. Requested by Vice Mayor Hay. Requested by Vice Mayor Hay. Requested by Commissioner Cruz. Discussion requested by Commissioner Thomas Turkin. Update requested by Commission Woodrow Hay. Discussion requested by Commissioner Angela Cruz. Requested by Commissioner Cruz. 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 8 City Clerk. 9 City of Boynton Beach Agenda Item Request Form 5.A Administrative 08/19/2025 Meeting Date: 08/19/2025 Advisory Board Appointments.- Tabled at the July 15, 2025 and August 5, 2025 Meeting. 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_August 19 2025.docx Abhi Kanthan Historic Resources Preservation Board.pdf 10 Advisory Board Vacancies August 19, 2025 Art Advisory Board Regular Member 2 (2 year) terms Alternate Member 2 (1 year) terms IV Kelley Alternate Vacant Applicants: None Building Board of Adjustment and Appeals Regular Member 2 (2 year) terms Alternate Member 2 (1 year) terms Vice Mayor Hay Regular Vacant III Turkin Regular Vacant IV Kelley Regular 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 Mayor Shelton Student Vacant I Cruz Student Vacant Vice Mayor Hay Student Vacant Applicants: None Historic Resources Preservation Board – Quasi-judicial Regular Member 2 (2 year) terms Alternate Member 2 (1 year) terms I Cruz Regular Vacant Vice Mayor Hay Regular Vacant III Turkin Regular Vacant IV Kelley Alternate Vacant Mayor Shelton Alternate Vacant Applicant: Abhi Kanthan Library Board Regular Member 2 (2 year) terms Alternate Member 2 (1 year) terms III Turkin Regular Vacant Applicants: None Senior Advisory Board Regular Member 2 (2 year) terms Alternate Member 2 (1 year) terms Mayor Shelton Alternate Vacant Vice Mayor Hay Regular Vacant Applicants: None 11 Advisory Board Vacancies August 19, 2025 Applications Received: 8/11/25 Barbara Ready is seeking reappointment for a fourth term 08/07/25 Thiago Coracini CRAB No vacancies, not a registered voter, Applicant notified via email 08/08/25 6/11/25 Mark Karageorge CRAB No vacancies Applicant notified via email 6/16/25 4/06/25 Deborah Tarca CRAB No vacancies Applicant notified via email 4/18/25 12 Advisory Board Appointment Application Thank you for your interest in serving on one of the City's Advisory Boards and for taking the time to fill out this form. If instructions are not followed or the application is not filled out in its entirety, the form will be returned for clarification. EMAIL DISCLAIMER: Please be advised that under Florida law, e-mail addresses are public records. If you do not want your e- mail address released in response to a public-records request, do not send electronic mail. Instead, contact the City of Boynton Beach offices by phone or in writing: City of Boynton Beach, City Clerk's Office, City Hall, 100 E. Ocean Ave., Boynton Beach, FL 33435, Mailing address: P.O. Box 310, Boynton Beach, FL 33435-0310 | Phone: (561) 742-6060 | City Clerk FAX: (561) 742- 6090 Today's Date * First Name * Last Name * Phone Number * Email * Date of Birth * Street Address * Street Address 2 City * State * Zip Code * Country * Current occupation or, if retired prior occupation Education Are you a registered voter * 5/30/2025 Abhi Kanthan 5619004815 abhi@kanthandesign.com 10/22/1990 631 Potter Road Boynton Beach FL 33435 United States Architect Accelerated 5-Year Professional Bachelor's Degree (N.A.A.B. Accredited) Yes No 13 Do you reside within the Boynton Beach City Limits?* Do you own/manage a business within City limits?* If Yes, Name of Business Are you currently serving on a City board?* Have you served on a City board in the past?* If Yes, which board(s) and when? Have you ever been convicted of a crime?* If Yes, when and where? Advisory Board * For board listing. requirements, responsibilities and meeting times and dates. please visit: Advisory Boards web page If appointed by the City Commission to serve as a Board Chair or Vice Chair are you willing to serve in this capacity?* Personal Qualifications * Yes No Yes No Kanthan Design Corporation Yes No Yes No Yes No Please indicate which advisory board you are seeking appointment. Historic Resources Preservation Board Yes No What personal qualifications do you possess (i.e. profession, previous experience, branch of military service or organization which you feel would make you a good candidate for this board? Please be specific. , As Chief Executive Officer, Abhi Kanthan is the cornerstone of Kanthan Design Corporation (www.kanthandesign.com). He has a reputation as a successful, award-winning, and innovative design professional. Mr. Kanthan has proven his efficient Design Process numerous times and always strives for ambitious development within all his Associates. . Mr. Kanthan also enjoys Entrepreneurship and is a Co-Founder of Kanthan Realty Corporation (www.kanthanrealty.com), a Real Estate Brokerage that caters to Ultra-HNW, HNW clients and Large-Scale Capital Investments. The Company is known for its ability to maintain Clarity, Transparency, and a high level of Discretion for its discerning Clients as well as the Efficiency of its Transactions. . Mr. Kanthan has been involved in hundreds of complex design projects and transactions in the Architecture, Engineering, and Construction (AEC) industry over the past decade. His dedication and perseverance towards his goals and ideals as an individual have been the same standards that Kanthan Design Corporation & Kanthan Realty Corporation have built themselves on - a stellar combination of success that consistently brings Value and Growth to both Industries. 14 Professional Memberships * Attachments Your completed Advisory Board Appointment application will be added to the City's Talent Bank, a file to which Commissioners may turn for candidates when board openings occur. Certification * Please list any professional memberships Professional Credentials: Registered Architect | Florida, AR98097 Registered Architect | New York, 044101 Registered Architect | Pennsylvania, RA407852 Registered Interior Designer | Florida, ID6685 AIA | Inducted on March 21, 2017 NCARB | Inducted on July 16, 2016 Tau Sigma Delta | Inducted in 2013 . Education: Bachelor of Architecture, Florida Atlantic University, Major in Architecture Feel free to attach/upload an extra sheet or resume. _RESUME_Abhi Kanthan.pdf 54.3KB I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. I, the applicant, DO NOT certify that the statements and answers provided herein are true and accurate. 15 Contact 561-900-4815 (Mobile) abhi@kanthandesign.com www.linkedin.com/in/abhi-k- b1807759 (LinkedIn) shoutoutmiami.com/meet-abhi- kanthan-aia-ncarb-licensed- architect-interior-designer/ (Personal) www.kanthandesign.com (Company) www.kanthanrealty.com (Company) Top Skills Architectural Drawings Space planning Construction Drawings Languages English (Native or Bilingual) French (Limited Working) Spanish (Limited Working) Certifications Minority Business Certification Registered Architect | State of New York NCARB Certificate American Institute of Architects Registered Architect | State of Florida Honors-Awards Transportation Summit Honoree Tau Sigma Delta Best of Houzz 2017-2023 - Customer Service NCARB Continuing Education Evaluation Workgroup Publications Introduction to Blueprints Urban Context and Civic Identity Abhi Kanthan, AIA, NCARB Chief Executive Officer at Kanthan Design Corporation Boynton Beach, Florida, United States Summary As Chief Executive Officer, Abhi Kanthan is the cornerstone of Kanthan Design Corporation (www.kanthandesign.com). He has a reputation as a successful award-winning and innovative design professional. Mr. Kanthan has proven his efficient Design Process numerous times and always strives for ambitious development within all his Associates. Mr. Kanthan also enjoys Entrepreneurship and is Co-Founder of Kanthan Realty Corporation (www.kanthanrealty.com), a Real Estate Brokerage that caters to HNW clients and Large-Scale Capital Investments. The Company is known for its ability to maintain Clarity, Transparency and a high level of Discretion for its discerning Clients as well as the Efficiency of its Transactions. Mr. Kanthan has been personally involved in many hundreds of complex design projects and transactions in the Architecture, Engineering and Construction (AEC) industry over the past decade. His dedication and perseverance towards his goals and ideals as an individual have been the same standards that Kanthan Design Corporation & Kanthan Realty Corporation has built itself on - a stellar combination of success that consistently brings Value and Growth to both Industries. Professional Credentials: Registered Architect | Florida, AR98097 Registered Architect | New York, 044101 Registered Architect | Pennsylvania, RA407852 Registered Interior Designer | Florida, ID6685 AIA | Inducted on March 21, 2017 NCARB | Inducted on July 16, 2016 Tau Sigma Delta | Inducted in 2013 Education: Bachelor of Architecture, Florida Atlantic University, Major in Architecture Page 1 of 2 16 Architect as Manager Meet Abhi Kanthan, AIA, NCARB Experience Kanthan Design Corporation Chief Executive Officer June 2012 - Present (11 years 6 months) Boynton Beach, FL Kanthan Design Corporation is one of the most sought-after boutique Architecture, Planning, and Interior Design firms headquartered in Florida. Structured as a vast collaborative of prolific and accomplished professionals, its Mission is to create vibrant, sustainable design interventions that bring durable and profitable value to its clients and the society and culture they are built in. By keeping all services under the Kanthan Design Corporation umbrella, the Firm can consistently provide its discerning clientele with competitive pricing, discretion, and transparency without sacrificing quality and efficiency. Kanthan Realty Corporation Co-Founder May 2017 - Present (6 years 7 months) Boynton Beach, FL Education Florida Atlantic University Bachelor's Degree, Architecture · (2009 - 2014) International Baccalaureate IB Diploma · (2005 - 2009) Page 2 of 2 17 City of Boynton Beach Agenda Item Request Form 6.A Consent Agenda 08/19/2025 Meeting Date: 08/19/2025 Proposed Resolution No. R25-215- Approving the Work Experience Program and approving a standard template Agreement between the City and Palm Beach School for Autism, Inc. Requested Action: Staff recommends approval of Proposed Resolution No. R25-215. Explanation of Request: Project Next, Palm Beach School for Autism’s transition program, is designed to support individuals with autism as they navigate adulthood. Part of this program includes community-based training activities, including learning job skills at different businesses in the community. Three to four students, ages 17 to 22, currently enrolled in the summer Project Next program, are interested in a work experience program at the Links and the Senior Center. The students' teacher would accompany them as they learn different job skills at the Links and Senior Center, one day a week from 10 A.M.-1 P.M. How will this affect city programs or services? This program would benefit the City in providing assistance with various tasks, while providing an opportunity for the students to learn job skills. This program provides a pipeline of future employees that already have training. Account Line Item and Description: N/A Fiscal Impact: There is no fiscal impact to the budget for this item. Attachments: R25-215 Agenda_Item_3451-2025_Resolution_for_Work_Experience_Program_- _School_for_Autism.docx Work Experience Program Template 7.29.25-Final.docx 18 RESOLUTION NO. R25-215 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, APPROVING THE WORK EXPERIENCE PROGRAM AND 2 APPROVING A STANDARD TEMPLATE AGREEMENT BETWEEN THE CITY 3 AND PALM BEACH SCHOOL FOR AUTISM, INC.; PROVIDING AN EFFECTIVE 4 DATE; AND FOR ALL OTHER PURPOSES. 5 6 7 WHEREAS, Palm Beach School for Autism, Inc. (“Contractor”) operates the Palm Beach 8 School for Autism, which operates a work readiness program to prepare high school-aged 9 students (“Students”) to succeed in the workforce; and 10 WHEREAS, Contractor works with local businesses and organizations to identify 11 opportunities that will provide Students with on-site work experience; and 12 WHEREAS, upon the recommendation of staff, the City Commission has deemed it in the 13 best interests of the City's citizens and residents to approve the Work Experience Program and a 14 standard template Agreement between the City and Palm Beach School for Autism, Inc. 15 16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 17 BEACH, FLORIDA, THAT: 18 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 19 being true and correct and are hereby made a specific part of this Resolution upon adoption. 20 SECTION 2. The City Commission of the City of Boynton Beach, Florida, hereby approves 21 the Work Experience Program and a standard template Agreement between the City and Palm 22 Beach School for Autism, Inc., in form and substance similar to that attached as Exhibit A. 23 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 24 authorizes the City Manager to execute the standard template Agreement on an as-needed basis 25 to facilitate the Work Experience Program and such other related documents as may be necessary 26 to accomplish the purpose of the Agreement and this Resolution. 27 SECTION 4. This Resolution shall take effect in accordance with the law. 28 29 19 RESOLUTION NO. R25-215 PASSED AND ADOPTED this ______________ day of ______________________________ 2025. 30 CITY OF BOYNTON BEACH, FLORIDA 31 YES NO 32 Mayor – Rebecca Shelton _____ _____ 33 34 Vice Mayor – Woodrow L. Hay _____ _____ 35 36 Commissioner – Angela Cruz _____ _____ 37 38 Commissioner – Thomas Turkin _____ _____ 39 40 Commissioner – Aimee Kelley _____ _____ 41 42 VOTE ______ 43 ATTEST: 44 45 _____________________________ ______________________________ 46 Maylee De Jesús, MPA, MMC Rebecca Shelton 47 City Clerk Mayor 48 49 APPROVED AS TO FORM: 50 (Corporate Seal) 51 52 _______________________________ 53 Shawna G. Lamb 54 City Attorney 55 20 School for Autism Work Experience Agreement Page 1 of 11 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PALM BEACH SCHOOL FOR AUTISM, INC., FOR WORK EXPERIENCE PROGRAM AT [DEPARTMENT/FACILITY NAME] This agreement (“Agreement”) is between the City of Boynton Beach, a Florida municipal corporation (“City”), and Palm Beach School for Autism, Inc., a Florida not-for-profit corporation (“Contractor”) (each a “Party” and collectively referred to as the “Parties”). RECITALS A. Contractor operates the Palm Beach School for Autism, which operates a work readiness program to prepare high school-aged students (“Students”) to succeed in the workforce. B. Contractor works with local businesses and organizations to identify opportunities that will provide Students with on-site work experience. C. The purpose of this Agreement is to provide work experience for Students at the City’s [DEPARTMENT/FACILITY NAME]. Now, therefore, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: ARTICLE 1. DEFINITIONS 1.1. Applicable Law means all applicable laws, codes, advisory circulars, rules, regulations, or ordinances of any federal, state, county, municipal, or other governmental entity, as may be amended. 1.2. Board means the City Commission of the City of Boynton Beach, Florida. 1.3. Code means the City of Boynton Beach Code of Ordinances. 1.4. Contract Administrators means the Golf Course Director and Senior Center Supervisor. 1.5. Job Coach means an employee of Contractor who will serve as Contractor’s point of contact for Student(s) to ensure Student and City have a successful experience. 1.6. Services means all work required of Contractor under this Agreement. 1.7. Student means an eligible individual that is enrolled at Contractor’s school, between the ages of 17 and 22, identified by Contractor for participation in the work experience program. 1.8. Worksite means the [DEPARTMENT/FACILITY NAME] located at __________________, Boynton Beach, FL 334__. 21 School for Autism Work Experience Agreement Page 2 of 11 ARTICLE 2. SCOPE OF SERVICES 2.1. Program Prerequisites 2.1.1. Contractor shall verify that each Student is at least 17 years old, and for Students under the age of 18 or legally incapacitated, shall obtain prior written permission from each Student’s parent or guardian to participate in the work experience. 2.1.2. Contractor shall provide all Services under this Agreement at no cost to County. 2.2. Program Dates 2.2.1. The program will begin in _______________ 202__ and continue through ______________ 202__. 2.2.2. The Parties may agree to continue the work experience program for additional dates and times during the Term of this Agreement. Additional dates and times shall be agreed upon by the Parties in a written amendment to this Agreement. The City Manager is authorized to execute the Amendment on behalf of the City. 2.3. Selection of Students and Worksites 2.3.1. Contractor shall identify Students who will participate in the program. Contractor will identify only Students who can safely and productively benefit from vocational training in the workplace. 2.3.2. Once Contractor identifies Students, City will determine Worksite assignments based on each Student’s training needs and abilities as identified by Contractor. The Parties will mutually agree upon the match of the available work with the applicable Student. 2.4. Worksites and Assigned Duties 2.4.1. City shall provide Worksites and work experiences for Students as set forth in this Agreement. Work experiences at the [DEPARTMENT/FACILITY NAME] will be limited to [SPECIFIC DUTIES/ACTIVITIES]: List age-appropriate tasks (e.g., "filing, copying, data entry, answering phones, assisting with public events, basic research tasks"). City shall use reasonable care to provide Worksites that are sanitary and safe. City shall take reasonable steps to ensure that the Worksite assignments are appropriate to Students’ ages. 2.4.2. City will provide Contractor with Worksite policies, including expectations about conduct and attire. Contractor shall ensure each Student is informed of such policies and expectations. 2.4.3. Each Student shall wear a County-issued badge or ID while at a Worksite. 22 School for Autism Work Experience Agreement Page 3 of 11 2.5. Supervision and Training 2.5.1. Contractor shall assign a Job Coach to monitor Students and serve as City’s point of contact. Job Coach to Student ratio will be no less than 1 Job Coach per 3 Students. 2.5.2. City will assign an employee to act as a liaison with Contractor’s Job Coach. City will provide necessary training to Students, provide Worksite supervision, and provide on- going constructive feedback. 2.6. Wages and Hours 2.6.1. Students shall be assigned to Worksites only [DAY OF WEEK - e.g., "Monday"] through [DAY OF WEEK - e.g., "Friday"] between the hours of [START TIME - e.g., "8:00"] a.m. and [END TIME - e.g., "3:00"] p.m. unless otherwise agreed to by the Parties. Students shall not work more than [MAXIMUM DAILY HOURS - e.g., "4"] hours per day or [MAXIMUM WEEKLY HOURS - e.g., "20"] hours per week. 2.6.2. Contractor acknowledges and agrees that Students and Job Coaches are employees/volunteers solely of Contractor and are not employees or volunteers of City. Nothing in this Agreement is intended to or does create an employee/employer or joint employer/employee relationship between City and any Student or Job Coach. 2.6.3. Contractor shall pay Job Coaches wages and provide workers’ compensation insurance for all Students and Job Coaches. Contractor shall be fully and independently responsible for payment of all Job Coaches’ wages. Students shall not be paid for work performed, the program is part of the Student’s educational programming. City shall have no financial obligation or responsibility for Students’ or Job Coaches’ wages. 2.6.4. While providing Worksites and work experiences pursuant to this Agreement, City and Contractor shall comply with all Applicable Law. ARTICLE 3. TERM AND TIME OF PERFORMANCE 3.1. Term. This Agreement begins on the date it is fully executed by the Parties (“Effective Date”) and continues for a period of one (1) year (“Term”) unless otherwise terminated as provided in this Agreement. 3.2. Time of the Essence. Time is of the essence for Contractor’s performance of the duties, obligations, and responsibilities required by this Agreement. ARTICLE 4. REPRESENTATIONS AND WARRANTIES 4.1. Representation of Authority. Contractor represents and warrants that this Agreement constitutes the legal, valid, binding, and enforceable obligation of Contractor, and that neither the execution nor performance of this Agreement constitutes a breach of any agreement that Contractor has with any third party or violates Applicable Law. Contractor further represents and 23 School for Autism Work Experience Agreement Page 4 of 11 warrants that execution of this Agreement is within Contractor’s legal powers, and each individual executing this Agreement on behalf of Contractor is duly authorized by all necessary and appropriate action to do so on behalf of Contractor and does so with full legal authority. 4.2. Warranty of Performance. Contractor represents and warrants that it possesses the knowledge, skill, experience, and financial capability required to perform and provide all Services and that each person and entity that will provide Services is duly qualified to perform such Services by all appropriate governmental authorities, where required, and is sufficiently experienced and skilled in the area(s) for which such person or entity will render Services. Contractor represents and warrants that the Services shall be performed in a skillful and respectful manner and that the quality of all Services shall equal or exceed prevailing industry standards for the provision of such services. 4.3. Breach of Representations. Contractor acknowledges that City is materially relying on the representations, warranties, and certifications of Contractor stated in this article, and City shall be entitled to exercise any or all of the following remedies if any such representation, warranty, or certification is untrue: (a) recovery of damages incurred; (b) termination of this Agreement without any further liability to Contractor; and (c) any other remedy available under law or equity. ARTICLE 5. INDEMNIFICATION Contractor shall indemnify, hold harmless, and defend City and all of City’s current, past, and future officers, agents, and employees (collectively, “Indemnified Party”) from and against any and all causes of action, demands, claims, losses, liabilities, and expenditures of any kind, including attorneys’ fees, court costs, and expenses, including through the conclusion of any appellate proceedings, raised or asserted by any person or entity not a party to this Agreement, and caused or alleged to be caused, in whole or in part, by any breach of this Agreement by Contractor, or any intentional, reckless, or negligent act or omission of Contractor, its officers, employees, or agents, arising from, relating to, or in connection with this Agreement (collectively, a “Claim”). If any Claim is brought against an Indemnified Party, Contractor shall, upon written notice from City, defend each Indemnified Party with counsel satisfactory to City or, at City’s option, pay for an attorney selected by the City Attorney to defend the Indemnified Party. The obligations of this section shall survive the expiration or earlier termination of this Agreement. ARTICLE 6. INSURANCE 6.1. Throughout the Term, Contractor shall, at its sole expense, maintain the minimum insurance coverages stated in Exhibit A. Contractor shall maintain insurance coverage against claims relating to any act or omission by Contractor, its agents, representatives, employees, or Students in connection with this Agreement. Contractor shall ensure that “City of Boynton Beach” is listed and endorsed as an additional insured as stated in Exhibit A on all policies required under this article. 24 School for Autism Work Experience Agreement Page 5 of 11 6.2. Contractor shall ensure that all insurance coverages required by this article remain in full force and effect without any lapse in coverage throughout the Term and until all performance required by Contractor has been completed. Contractor or its insurer shall provide notice to City of any cancellation or modification of any required policy at least thirty (30) days prior to the effective date of cancellation or modification and at least ten (10) days prior to the effective date of any cancellation due to nonpayment, and shall concurrently provide City with a copy of its updated Certificates of Insurance evidencing continuation of the required coverage(s). 6.3. Unless prohibited by the applicable policy, Contractor waives any right to subrogation that any of Contractor’s insurers may acquire against City, and agrees to obtain same in an endorsement of Contractor’s insurance policies. 6.4. If Contractor fails to maintain the insurance required by this Agreement, City may pay any costs of premiums necessary to maintain the required coverage and invoice Contractor for any costs paid by City. 6.5. If any of the policies required under this article provide claims -made coverage: (1) any retroactive date must be prior to the Effective Date; (2) the required coverage must be maintained after termination or expiration of the Agreement for at least the duration stated in Exhibit A; and (3) if coverage is canceled or nonrenewed and is not replaced with another claims- made policy form with a retroactive date prior to the Effective Date, Contractor must obtain and maintain “extended reporting” coverage that applies after termination or expiration of the Agreement for at least the duration stated in Exhibit A. ARTICLE 7. TERMINATION 7.1. Termination for Cause. This Agreement may be terminated for cause by the aggrieved Party if the Party in breach has not corrected the breach within three (3) days after receipt of written notice from the aggrieved Party identifying the breach. This Agreement may be terminated for cause by City for reasons including, but not limited to, Contractor’s failure to suitably or continuously perform the Services in a manner calculated to meet or accomplish the objectives in this Agreement. Termination for cause by City may be by action of the City Manager. If City erroneously, improperly, or unjustifiably terminates this Agreement for cause, such termination shall be deemed a termination for convenience pursuant to Section 7.2, effective five (5) days after such notice was provided. 7.2. Termination for Convenience; Other Termination. This Agreement may also be terminated for convenience by the City Manager with at least five (5) days advance written notice to Contractor. Contractor acknowledges that it has received good, valuable, and sufficient consideration for City’s right to terminate this Agreement for convenience, including in the form of City’s obligation to provide advance notice to Contractor of such termination in accordance with this section. This Agreement may also be terminated by the City Manager upon such notice as the City Manager deems appropriate under the circumstances if the City Manager determines that termination is necessary to protect the public health, safety, or welfare. 25 School for Autism Work Experience Agreement Page 6 of 11 7.3. Notice of termination shall be provided in accordance with the “Notices” section of this Agreement, except that notice of termination by the City Manager to protect the public health, safety, or welfare may be oral notice that shall be promptly confirmed in writing. 7.4. In addition to any termination rights stated in this Agreement, City shall be entitled to seek any and all available contractual or other remedies available at law or in equity including recovery of costs incurred by City due to Contractor’s failure to comply with any term of this Agreement. ARTICLE 8. MISCELLANEOUS 8.1. Contract Administrator Authority. The Contract Administrator is authorized to coordinate and communicate with Contractor to manage and supervise the performance of this Agreement . Contractor acknowledges that the Contract Administrator has no authority to make changes that would increase, decrease, or otherwise materially modify the Scope of Services except as expressly set forth in this Agreement. Unless expressly stated otherwise in this Agreement or otherwise set forth in the Code, the Contract Administrator may exercise ministerial authority in connection with the day-to-day management of this Agreement. 8.2. Public Records. Notwithstanding any other provision in this Agreement, any action taken by City in compliance with, or in a good faith attempt to comply with, the requirements of Chapter 119, Florida Statutes, shall not constitute a breach of this Agreement. If Contractor is acting on behalf of City as stated in Section 119.0701, Florida Statutes, Contractor shall: 8.2.1. Keep and maintain public records required by City to perform the Services; 8.2.2. Upon request from City, provide City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time and at a cost that does not exceed that provided in Chapter 119, Florida Statutes, or as otherwise provided by Applicable Law; 8.2.3. Ensure that public records that are exempt or confidential and exempt from public record requirements are not disclosed except as authorized by Applicable Law for the duration of this Agreement and after completion or termination of this Agreement if the records are not transferred to City; and 8.2.4. Upon expiration of the Term or termination of this Agreement, transfer to City, at no cost, all public records in possession of Contractor or keep and maintain public records required by County to perform the services. If Contractor transfers the records to City, Contractor shall destroy any duplicate public records that are exempt or confidential and exempt. If Contractor keeps and maintains the public records, Contractor shall meet all requirements of Applicable Law for retaining public records. All records stored electronically must be provided to City upon request in a format that is compatible with the information technology systems of City. 26 School for Autism Work Experience Agreement Page 7 of 11 If Contractor receives a request for public records regarding this Agreement or the Services, Contractor must immediately notify the Contract Administrator in writing and provide all requested records to City so that City can respond to the request in a timely manner. City will respond to all such public records requests. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 561-742-6060, CITYCLERK@BBFL.US, [100 E. OCEAN AVENUE, BOYNTON BEACH, FL 33435. 8.3. Independent Contractor. Contractor is an independent contractor of City, and nothing in this Agreement shall constitute or create a partnership, joint venture, or any other relationship between the Parties. In providing Services, neither Contractor nor its agents shall act as officers, employees, or agents of City. Contractor shall not have the right to bind City to any obligation not expressly undertaken by City under this Agreement. 8.4. Regulatory Capacity. Notwithstanding the fact that City is a political subdivision with certain regulatory authority, City’s performance under this Agreement is as a Party to this Agreement and not in its regulatory capacity. If City exercises its regulatory authority, the exercise of such authority and the enforcement of Applicable Law shall have occurred pursuant to City’s regulatory authority as a governmental body separate and apart from this Agreement and shall not be attributable in any manner to City as a Party to this Agreement. 8.5. Sovereign Immunity. Except to the extent sovereign immunity may be deemed waived by entering into this Agreement, nothing herein is in tended to serve as a waiver of sovereign immunity by City, nor shall anything included herein be construed as consent by City to be sued by third parties in any matter arising out of this Agreement. 8.6. Third-Party Beneficiaries. Neither Contractor nor City intends to primarily or directly benefit a third party by this Agreement . Therefore, the Parties acknowledge that there are no third-party beneficiaries to this Agreement and that no third party shall be entitled to assert a right or claim against either of them based upon this Agreement. 8.7. Notice Address. Unless otherwise stated herein, for notice to a Party to be effective under this Agreement, notice must be sent via U.S. first-class mail, hand delivery, or commercial overnight delivery, each with a contemporaneous copy via email, to the addresses listed below and shall be effective upon mailing or hand delivery (provided the contemporaneous email is also sent). Addresses may be changed by the applicable Party giving notice of such change in accordance with this section. FOR CITY: City of Boynton Beach Attn: City Manager 27 School for Autism Work Experience Agreement Page 8 of 11 100 E. Ocean Avenue Boynton Beach, Florida 33435 Email address: ddugger@bbfl.us FOR CONTRACTOR: Palm Beach School for Autism, Inc. Attn: _______________________ 8480 Lantana Road Lake Worth, FL 33467 Email address: _________________ 8.8. Assignment. Contractor may not subcontract or otherwise assign any of its rights or obligations under this Agreement. Neither this Agreement nor any right or interest in it may be assigned, transferred, subcontracted, or encumbered by Contractor without the prior written consent of County. Any assignment, transfer, encumbrance, or subcontract in violation of this section shall be void and ineffective, constitute a breach of this Agreement, and permit City to immediately terminate this Agreement, in addition to any other remedies available to City at law or in equity. 8.9. Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth in this Agreement was bargained for at arm’s length and is agreed to by the Parties. Each requirement, duty, and obligation set forth in this Agreement is substantial and important to the formation of this Agreement, and each is, therefore, a material term. City’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach shall not be deemed a waiver of any subsequent breach and shall n ot be construed to be a modification of this Agreement. To be effective, any waiver must be in writing and signed by an authorized signatory of the Party granting the waiver. 8.10. Compliance with Laws. Contractor and the Services must comply with all Applicable Law including, without limitation, the Americans with Disabilities Act, 42 U.S.C. § 12101, Section 504 of the Rehabilitation Act of 1973. 8.11. Severability. If any part of this Agreement is found to be unenforceable by any court of competent jurisdiction, that part shall be deemed severed from this Agreement and the balance of this Agreement shall remain in full force and effect . 8.12. Joint Preparation. This Agreement has been jointly prepared by the Parties, and shall not be construed more strictly against either Party. 8.13. Interpretation. The titles and headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement. All personal pronouns used in this Agreement shall include any other gender, and the singular shall include the plural, and vice versa, unless the context otherwise requires . Terms such as “herein” refer to this Agreement as a whole and not to any particular sentence, paragraph, or section where they appear unless the context otherwise requires. Whenever reference is made 28 School for Autism Work Experience Agreement Page 9 of 11 to a section or article of this Agreement, such reference is to the section or article as a whole, including all subsections thereof, unless the reference is made to a particular subsection or subparagraph of such section or article. Any reference to “days” means calendar days unless otherwise expressly stated. Any reference to approval by City shall require approval in writing unless otherwise expressly stated. 8.14. Law, Jurisdiction, Venue, Waiver of Jury Trial. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. The exclusive venue for any lawsuit arising from, related to, or in connection with this Agreement shall be in the state courts of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida. If any claim arising from, related to, or in connection with this Agreement must be litigated in federal court, the exclusive venue for any such lawsuit shall be in the United States District Court or United States Bankruptcy Court for the Southern District of Florida . EACH PARTY HEREBY EXPRESSLY WAIVES ANY RIGHTS IT MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. 8.15. Amendments. Unless expressly authorized herein, no modification, amendment, or alteration of any portion of this Agreement is effective unless contained in a written document executed with the same or similar formality as this Agreement and by duly authorized representatives of City and Contractor. 8.16. Prior Agreements. This Agreement represents the final and complete understanding of the Parties regarding the subject matter of this Agreement and supersedes all prior and contemporaneous negotiations and discussions regarding same. All commitments, agreements, and understandings of the Parties concerning the subject matter of this Agreement are contained herein. 8.17. Incorporation by Reference. Any and all Recital clauses stated above are true and correct and are incorporated in this Agreement by reference. The attached Exhibits are incorporated into and made a part of this Agreement. 8.18. Counterparts and Multiple Originals. This Agreement may be executed in multiple originals and may be executed in counterparts, whether signed physically or electronically, each of which shall be deemed to be an original, but all of which, taken together, s hall constitute one and the same agreement. 8.19. Use of City Name or Logo. Contractor shall not use City’s name or logo in marketing or publicity materials without prior written consent from the Contract Administrator. 29 School for Autism Work Experience Agreement Page 10 of 11 IN WITNESS WHEREOF, the Parties hereto have made and executed this Agreement: CITY OF BOYNTON BEACH, through its CITY COMMISSION, signing by and through its City Manager authorized to execute same by Commission action on the 19th day of August 2025, and Contractor, signing by and through its _________________________ duly authorized to execute same. CITY CITY OF BOYNTON BEACH, by and through its City Manager By: ____________________________ Daniel Dugger, City Manager ____ day of ______________, 2025 Approved as to form by City Attorney’s Office By____________________________ Shawna G. Lamb CONTRACTOR PALM BEACH SCHOOL FOR AUTISM, INC. By: ____________________________ Authorized Signer _______________________________ Print Name and Title _____ day of __________, 2025 30 School for Autism Work Experience Agreement Page 2 of 11 Exhibit A Insurance Requirements 31 City of Boynton Beach Agenda Item Request Form 6.B Consent Agenda 08/19/2025 Meeting Date: 08/19/2025 Proposed Resolution No. R25-216- Approve the Memorandum of Understanding (MOU) between the City of Boynton Beach and the Health Care District of Palm Beach County establishing a pilot program to assist law enforcement in effectively responding to and linking residents to appropriate behavioral health or substance abuse services. Requested Action: Staff recommends approval of Proposed Resolution No. R25-216. Explanation of Request: A Memorandum of Understanding (MOU) between the City of Boynton Beach and the Health Care District of Palm Beach County would establish a pilot program that could assist law enforcement in effectively responding to and linking Palm Beach County residents to appropriate behavioral health or substance abuse services. How will this affect city programs or services? The pilot program that would be established by this MOU would maximize the health and well-being of Palm Beach County residents by providing comprehensive planning, funding, and coordination of health care service delivery by creating a countywide comprehensive health care service. Account Line Item and Description: N/A Fiscal Impact: N/A - there is no fiscal impact for this item. Attachments: R25-216 Agenda_Item_3477- 2025_Resolution_to_approve_MOU_between_City_and_Health_Care_District_of_PBC.docx Exhibit A to Reso - Somewhere to Go _ MOU.pdf 32 RESOLUTION NO. R25-216 1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 2 BEACH, FLORIDA, APPROVING A MEMORANDUM OF 3 UNDERSTANDING BETWEEN THE CITY OF BOYNTON BEACH AND THE 4 HEALTH CARE DISTRICT OF PALM BEACH COUNTY TO ESTABLISH A 5 PILOT PROGRAM THAT COULD ASSIST LAW ENFORCEMENT TO 6 EFFECTIVELY RESPOND TO AND LINK PALM BEACH COUNTY 7 RESIDENTS TO APPROPRIATE BEHAVIORAL HEALTH OR SUBSTANCE 8 ABUSE SERVICES; AND FOR ALL OTHER PURPOSES. 9 10 WHEREAS, the Health Care District of Palm Beach County (“District”) is an independent 11 special taxing district created with the intent of maximizing the health and well-being of Palm 12 Beach County residents by providing comprehensive planning, funding, and coordination of 13 health care service delivery by creating a county-wide comprehensive health care service; and 14 WHEREAS, the District and the City of Boynton Beach, Florida (“City”) have recognized 15 that creating a comprehensive and coordinated behavioral health system is a priority for many 16 reasons, including the improvement of health care by connecting residents with quality, timely 17 care through the least restrictive system of treatment, and reducing the strain on the criminal 18 justice system and hospital emergency rooms; and 19 WHEREAS, the City and the District wish to develop a pilot program that would give the 20 Boynton Beach Police Department an additional tool to link individuals voluntarily seeking 21 behavioral health or substance abuse services with such services in a clinical setting; and 22 WHEREAS, the District operates the C.L. Brumback Primary Care Clinic (“Clinic”), which 23 provides behavioral health or substance abuse services to residents of Palm Beach County; and 24 WHEREAS, the Boynton Beach Police Department regularly encounters individuals who 25 may benefit from the services of the District and are willing to transport such individuals to the 26 Clinic; and 27 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 Memorandum of Understanding 29 (“MOU”) between the City and the District for the establishment of a pilot program to assist law 30 enforcement to effectively respond to and link Palm Beach County residents to appropriate 31 behavioral and/or substance abuse services. 32 33 RESOLUTION NO. R25-216 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 33 BEACH, FLORIDA, THAT: 34 SECTION 1. The foregoing “Whereas” clauses are hereby ratified and confirmed as 35 being true and correct and are hereby made a specific part of this Resolution upon adoption. 36 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 37 approve the MOU in form and substance similar to that attached as Exhibit A. 38 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 39 authorizes the Mayor to execute the MOU. The Mayor is further authorized to execute any ancillary 40 documents required under the MOU or necessary to accomplish the purposes of the MOU, 41 including any term extensions as provided in the MOU, provided such documents do not modify 42 the material terms. 43 SECTION 4. The Mayor-executed MOU shall be forwarded to Christine Miner to obtain 44 execution of the MOU by the Health Care District of Palm Beach County. Christine Miner shall be 45 responsible for ensuring that one fully executed MOU is returned to the City, to be provided to 46 the Office of the City Attorney for forwarding to the City Clerk for retention as a public record. 47 SECTION 5. This Resolution shall take effect in accordance with the law. 48 49 50 51 [SIGNATURES ON THE FOLLOWING PAGE] 52 53 54 55 56 57 58 34 RESOLUTION NO. R25-216 59 60 61 62 PASSED AND ADOPTED this _______ day of ________________________________________, 2025. 63 CITY OF BOYNTON BEACH, FLORIDA 64 YES NO 65 Mayor – Rebecca Shelton _____ _____ 66 67 Vice Mayor – Woodrow L. Hay _____ _____ 68 69 Commissioner – Angela Cruz _____ _____ 70 71 Commissioner – Thomas Turkin _____ _____ 72 73 Commissioner – Aimee Kelley _____ _____ 74 75 VOTE ______ 76 ATTEST: 77 78 _____________________________ ______________________________ 79 Maylee De Jesús, MPA, MMC Rebecca Shelton 80 City Clerk Mayor 81 82 APPROVED AS TO FORM: 83 (Corporate Seal) 84 85 _______________________________ 86 Shawna G. Lamb 87 City Attorney 88 89 90 35 HCD ID# Page 1 of 6 MEMORANDUM OF UNDERSTANDING BEHAVIORAL HEALTH SERVICES THIS MEMORANDUM OF UNDERSTANDING (“MOU”) is made and entered into the later of the _____________ or the last date of signature (“Effective Date”), by and between the Health Care District of Palm Beach County, an independent special taxing district of the State of Florida subject to the Palm Beach County Health Care Act (Chapter 2003 -326, Laws of Fla.) and its Affiliates and Subsidiaries (“District”) and, the City of Boynton Beach, a Florida municipal corporation (“COBB”). Together District and COBB are collectively referred to as (the “Parties”) and each individually is a (“Party”). W I T N E S S E T H: WHEREAS, this MOU establishes a pilot program that can assist law enforcement to effectively respond to and link Palm Beach County residents to appropriate behavioral health or substance abuse services (“Services”); and WHEREAS, the District is an independent special taxing district created with the intent of maximizing the health and well-being of Palm Beach County residents by providing comprehensive planning, funding and coordination of health care service delivery by creating a countywide comprehensive health care service; and WHEREAS, the District and COBB have recognized that creating a comprehensive and coordinated behavioral health system is a priority for many reasons including improving health care by connecting residents with quality, timely care through the least r estrictive system of treatment, and reducing strain on the criminal justice system and hospital emergency rooms; and WHEREAS, the District operates the C.L Brumback Primary Care Clinic (“Clinic”) currently located at 2051 45th St #300, West Palm Beach, 33407 and the Clinic provides the Services that may be needed by residents of Palm Beach County; and WHEREAS, the Boynton Beach Police Department (“BB Police”), regularly encounters individuals who may benefit from the Services, and may be willing to voluntarily seek such Services in a clinical setting; and WHEREAS, the Parties wish to develop a pilot program which would give the BB Police an additional tool to link such individuals to the Services on a voluntary basis and BB Police is willing to transport individuals who voluntarily desire the Services to the Clinic; and NOW THEREFORE, in consideration of the terms and conditions and mutual promises set forth herein and the benefits flowing each to the other, it is hereby agreed by and between the Parties hereto as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein by reference. 2. Cost and Services. 36 HCD ID# Page 2 of 6 a. During the Term, the Parties are each responsible for their own costs of providing the services referenced herein to individuals in Palm Beach County. b. BB Police officers will attempt to call the Clinic teams on a documented line to report on transport, estimated time of arrival and also confirm that this is a consensual encounter of an individual and that the individual does not meet criteria for Baker Act, Marchman Act, medical transfer or jail transfer and is voluntarily transporting over to the Clinic. c. The District agrees to provide an initial behavioral health assessment (“Initial Assessment” to individuals brought to the Clinic by BB Police to determine whether the individuals are in need of the Services. d. BB Police agrees to bring individuals who voluntarily desire the Services to the Clinic for an Initial Assessment provided the individuals at the time of their initial encounter with BB Police: i. Do not satisfy Baker Act or Marchman Act Criteria per BB Police protocol; ii. Are not in a medical emergency or in need of any other medical needs; iii. Are non-violent; iv. Are not committing a crime, under arrest or in law enforcement custody; and v. Voluntarily agree to be transported to the Clinic for an Initial Assessment. e. BB Police agrees to remain at the Clinic during the Initial Assessment of the individual. f. After the Initial Assessment, the Clinic may request that the individual voluntarily remain at the Clinic to receive Services or may determine that the individual is not in need of the Services. g. If the individual is not eligible to receive the Services or elects to not voluntarily remain at the Clinic to receive the Services, BB Police may leave the Clinic provided the individual at the time does not satisfy Baker Act or Mar chman Act Criteria. If deemed necessary, BB Police may assist with escorting the individual from the Clinic to any reasonable location or may be asked to transport the individual to a more appropriate health setting (e.g., a hospital emergency department). 3. Development of Procedures and Protocols. The District and COBB acknowledge that further procedures and protocols may need to be developed in order to consistently and appropriately implement the Pilot Program. COBB further acknowledges that such procedures and protocols are necessary and must be strictly adhered to in order for the District to operate within the limits of its licenses. The Parties agree to, prior to implementation of the program, to develop such procedures and protocols that are 37 HCD ID# Page 3 of 6 mutually agreeable to the Parties. The Parties designee for developing such procedures and protocols are as follows: As to the District: Chief Medical Director or designee As to the COBB : Chief of Police or designee 4. Training. The District and BB Police recognize that training may be necessary in order to maximize the benefits of the Pilot Program. Subject to the prior approval by the Chief of BB Police and Chief Medical Director, and as frequent as necessary, the Parties will coordinate the necessary training. 5. Hours of Operation. The Pilot Program will be operational during the hours that the Clinic is open for business. The District will provide written notification to the BB Police of any change in operating hours. 6. Data Sharing and Information Exchange. Both the District and COBB agree that each requires information from the other to fully evaluate the effectiveness of the Pilot Program and optimize, expand or terminate the Pilot Program accordingly. Without transferring any protected health information or any other sensitive data that may be protected pursuant to CJIS or HIPAA, the District and COBB will share appropriate information reasonably necessary to serve and advance their interests. 7. Pilot Program Start Date: The Pilot Program will commence on the date agreed to by the Parties’ representatives identified in Section 3 of this Agreement, but in no case any later than 60 days after approval of this MOU. 8. Term; Termination: This MOU shall continue in full force and effect for 18 months unless otherwise terminated pursuant to the terms and conditions set forth herein (“Term”). Either Party may terminate this MOU, with or without cause, upon ten (10) days written notice to the other Party. 9. Notice: Notice as required herein shall be considered sufficient when sent by certified mail or hand delivered to the parties at the addresses listed below. District: Rebecca Shelton: Chief Executive Officer Mayor Health Care District of Palm Beach County City of Boynton Beach 1515 N. Flagler Dr., Suite 101 100 East Ocean Avenue West Palm Beach, FL 33401-3429 Boynton Beach, FL 33435 10. No Assignment. This Agreement shall not be assigned or transferred by either Party. 11. Severability. Should any provision of this MOU be declared invalid by a court of competent jurisdiction, same shall be deemed stricken here from and all other terms and conditions of this MOU shall continue in full force and effect as if such invalid provision has never been a part hereof. 38 HCD ID# Page 4 of 6 12. Sovereign Immunity. Without waiving their sovereign immunity and subject to the limitations set forth in Florida Statute § 768.28, the Parties shall be responsible for their own negligent or wrongful acts or omissions and the negligent or wrongful acts or omissions of their employees provided that such acts or omissions are within the scope of their employment. COBB and District waive all remedies with respect to each other, including, but not limited to, consequential and incidental damages. The remedies provided herein are exclusive. COBB and the District warrant they are self-insured and/or shall maintain liability insurance as required by law. To the extent, the Parties have partially waived their immunity to tort claims as described in s. 768.28, Florida Statutes, the Parties are protected for a claim or judgment by any one person in a sum not exceeding TWO HUNDRED THOUSAND DOLLARS ($200,000) and for total claims or judgment arising out of the same incident or occurrence in a total amount not exceeding THREE HUNDRED THOUSAND DOLLARS ($300,000). Personnel and agents of the Parties are not individually subject to actions arising from their official functions. Any damages allocated against the Parties as prescribed by Florida Statutes §766.112, are not subject to reallocation under the doctrine of joint-and-several liability to codefendants in professional liability actions. The sole remedy available to a claimant to collect damages allocated to a Party is as prescribed by Florida Statutes §768.28. 13. Insurance. Each Party shall maintain workers compensation coverage required by law, comprehensive general liability, and professional insurance covering each Party in such amounts as are acceptable by each Party. Insurance coverage may be obtained from commercial insurance carriers deemed acceptable by the Parties or by evidence of self- insurance programs. 14. E-Verify. Both Parties warrant and represent that they are in compliance with section 448.095, Florida Statutes, as may be amended. The Parties have registered with and use the E-Verify System, to electronically verify the employment eligibility of all newly hired workers. Either Party may terminate this MOU if it has a good faith belief that the other Party has knowingly violated Section 448.09 (1), Florida Statutes, as may be amended. 15. Public Records. Notwithstanding anything contained herein, as provided under Section 119.0701, F.S., both parties to this MOU shall comply with the requirements of Section 119.0701, F.S., as it may be amended from time to time. The parties are specifically required to keep and maintain public records required by law. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS OR DESIGNEE AT HEALTH CARE DISTRICT OF PALM BEACH COUNTY AT (561) 642-1022, 39 HCD ID# Page 5 of 6 RECORDSCUSTODIAN@HCDPBC.ORG 1515 N. FLAGLER DRIVE, SUITE 101, WEST PALM BEACH, FL 33401. 16. Waiver. Any waiver by either Party of any one or more of the covenants, conditions, or provisions of this MOU, shall not be construed to be a subsequent waiver of the same or any covenant, condition or provision of this MOU. 17. Entire Understanding; Modification. This Agreement constitutes the entire understanding of the Parties regarding the Pilot Program. It may not be modified or any of its provisions waived, unless such modification and/or waiver is in writing and is agreed to and signed by both Parties. This MOU will not create a legal entity, create any rights in third persons, or create any contractual obligations between the Parties. No provision of this MOU is intended to or shall be construed to, create any third party beneficiary or to provide any rights to any person or entity not a party to this MOU, including but not limited to any citizen or employees of COBB. [Signature on Following Page] 40 HCD ID# Page 6 of 6 IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Understanding Behavioral Health Services to be signed by their duly authorized officers. HEALTH CARE DISTRICT OF PALM BEACH COUNTY By: _____________________________ Print Name: Darcy Davis, CEO Date: ______________________, 2025 ________________________________, a municipal corporation. By: _________________________ Rebecca Shelton, Mayor Date: ________________, 2025 ATTEST: _______________________ Clerk _________ Attorney’s Office Approved as to Form and Legality By: _____________________ 41 City of Boynton Beach Agenda Item Request Form 6.C Consent Agenda 08/19/2025 Meeting Date: 08/19/2025 Proposed Resolution No. R25-217- Approve an increase in the annual expenditure to Alpha1 Staffing/Search Firm, LLC by correcting a scrivener's error in Resolution No. 25- 011, approved on January 7, 2025, to reflect an annual expenditure of $260,000, not $120,000 as originally stated. Requested Action: Staff recommends approval of Proposed Resolution No. R25-217. Explanation of Request: Alpha1 Staffing/Search Firm, LLC is based in South Florida and has been operating since 2010 with offices in Miramar and North Miami Beach. The firm specializes in providing temporary staffing, executive search, payroll services, healthcare staffing, and disaster-relief workforce solutions. The importance of allowing the city to utilize Alpha1 lies in the flexibility and efficiency it brings to operations. Through Alpha1, the City can quickly fill short-term vacancies, cover staff absences, and meet project-specific labor demands without long-term commitments or added HR burdens. The agency handles onboarding, payroll, background checks, and risk management, which reduces administrative overhead and ensures compliance. Leveraging this cooperative contract structure supports budget control, enhances responsiveness, and promotes diversity in contracting, ultimately strengthening the City's ability to deliver uninterrupted services. On January 7, 2025, the City Commission approved a resolution to enter into an agreement with Alpha 1 Staffing in the amount of $120,000 annually. Upon further review, it was determined that an error occurred in the agenda item, as the original intent was to authorize an annual expenditure of $260,000. This correction ensures that the City's staffing needs can be met at the intended capacity and funding level, allowing departments to maintain adequate service levels and operational continuity. How will this affect city programs or services? This purchase will be procured through procurement exclusion 13. Specialized staffing services, such as golf course labor services, recreation programmers, day laborers, administrative services, and similarly situated employment services and contractors. This also includes Employment Contracting Servicing Companies to include recruitment. Budgeted Item: Yes Account Line Item and Description: Funds are budgeted in Other Contractual Services account numbers: 42 401-2821-536.34-40 - Utilities 401-2825-536.34-40 - Utilities 431-2515-534.49-17- Public Works Fiscal Impact: Funds are budgeted for this in various departments including Public Works, Utilities, and Recreation and Culture Services. Attachments: R25-217 Agenda_Item_3484- 2025_Resolution_to_correct_scrivener_s_error_in_Reso_No_25- 011_to_reflect_annual_expenditure_of__260_000_rather_than_120000.docx R25-011 (1).pdf 43 RESOLUTION NO. R25-217 1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 2 BEACH, FLORIDA, TO CORRECT A SCRIVENER’S ERROR IN 3 RESOLUTION NO. 25-011, APPROVED ON JANUARY 7, 2025, TO 4 REFLECT AN ANNUAL EXPENDITURE NOT TO EXCEED $260,000 5 RATHER THAN $120,000, AS ORIGINALLY STATED; AND PROVIDING 6 FOR AN EFFECTIVE DATE; AND FOR ALL OTHER PURPOSES. 7 8 WHEREAS, the City of Boynton Beach sought professional temporary staffing services to 9 be provided on an as-needed basis to provide uninterrupted temporary personnel due to 10 immediate and current vacancies, and ongoing projects; and 11 WHEREAS, specialized staffing services are exempt from the competitive process of the 12 City’s Procurement Policy; and 13 WHEREAS, the City’s Public Works and Utilities Departments requested approval of an 14 Agreement between the City and Alpha 1 LLC for temporary staffing services for an annual 15 expenditure not to exceed $260,000; and 16 WHEREAS, on January 7, 2025, the City Commission approved Resolution No. R25-011 17 authorizing an Agreement with Alpha 1 Staffing in the amount of $120,000 annually; and 18 WHEREAS, upon further review, it was determined that a scrivener’s error occurred in the 19 agenda item, as the original intent was to authorize an annual expenditure not to exceed $260,000 20 rather than $120,000; and 21 WHEREAS, the correction ensures that the City’s staffing needs can be met at the intended 22 capacity and funding level, allowing departments to maintain adequate service levels and 23 operational continuity. 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 26 BEACH, FLORIDA, THAT: 27 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 28 being true and correct and are hereby made a specific part of this Resolution upon adoption. 29 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 30 replace paragraph three of R25-011, to read as: “WHEREAS the City’s Public Works and Utilities 31 Departments are requesting approval of an agreement between the City and Alpha 1, LLC for 32 44 RESOLUTION NO. R25-217 temporary staffing services for an annual expenditure not to exceed $260,000; and.” 33 SECTION 3. The City Commission of the City of Boynton Beach, Florida, does hereby 34 replace paragraph six (SECTION 2) of R25-011, to read as: “The City Commission of the City of 35 Boynton Beach, Florida, does hereby approve the agreement between the City and Alpha 1, LLC 36 for Temporary Staffing Services between the City and Alpha 1, LLC for an annual expenditure not 37 to exceed $260,000 for a three-year period with an option to renew for two (2) additional one (1) 38 year periods, in form and substance similar to that attached as Exhibit A.” 39 SECTION 4. If any provision of this Resolution is found to be invalid or unconstitutional, 40 such invalidity shall not affect the remaining provisions of this Resolution, which shall continue in 41 full force and effect. 42 SECTION 5. The City Commission of the City of Boynton Beach, Florida, hereby approves 43 the agreement between the City and Alpha 1, LLC for Temporary Staffing Services between the 44 City and Alpha 1, LLC for an annual expenditure not to exceed $260,000 for a t hree-year period 45 with an option to renew for two (2) additional one (1) year periods, which corrects the total annual 46 expenditure as identified in Resolution R25-011. 47 SECTION 6. This Resolution shall take effect immediately, in accordance with law. 48 49 50 51 [SIGNATURES ON THE FOLLOWING PAGE] 52 53 54 45 RESOLUTION NO. R25-217 PASSED AND ADOPTED this ______________ day of ______________________________ 2025. 55 CITY OF BOYNTON BEACH, FLORIDA 56 YES NO 57 Mayor – Rebecca Shelton _____ _____ 58 59 Vice Mayor – Woodrow L. Hay _____ _____ 60 61 Commissioner – Angela Cruz _____ _____ 62 63 Commissioner – Woodrow L. Hay _____ _____ 64 65 Commissioner – Aimee Kelley _____ _____ 66 67 VOTE ______ 68 ATTEST: 69 70 _____________________________ ______________________________ 71 Maylee De Jesús, MPA, MMC Rebecca Shelton 72 City Clerk Mayor 73 74 APPROVED AS TO FORM: 75 (Corporate Seal) 76 77 _______________________________ 78 Shawna G. Lamb 79 City Attorney 80 46 1 RESOLUTION NO. R25-011 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA,AUTHORIZING AN AGREEMENT BETWEEN THE CITY 5 AND ALPHA 1 LLC FOR TEMPORARY STAFFING SERVICES FOR AN 6 INITIAL TERM OF THREE (3) YEARS WITH TWO (2) ADDITIONAL ONE- 7 YEAR RENEWAL TERMS, FOR AN ANNUAL EXPENDITURE NOT TO 8 EXCEED $120,000; AND PROVIDING FOR AN EFFECTIVE DATE; AND 9 FOR ALL OTHER PURPOSES. 10 11 WHEREAS, the City of Boynton Beach seeks professional temporary staffing services to be 12 provided on an as-needed basis to provide uninterrupted temporary personnel due to immediate 13 and current vacancies and ongoing projects; and 14 WHEREAS, specialized staffing services are exempt from the competitive process of the 15 City's Procurement Policy; and 16 WHEREAS, the City's Public Works and Utilities Departments are requesting approval of 17 an agreement between the City and Alpha 1, LLC for temporary staffing services for an annual 18 expenditure not to exceed $120,000; and 19 WHEREAS, City staff recommends approval to enter into the agreement with Alpha 1, LLC. 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 22 BEACH, FLORIDA, THAT: 23 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 24 being true and correct and are hereby made a specific part of this Resolution upon adoption. 25 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 26 approve the agreement between the City and Alpha 1, LLC for Temporary Staffing Services 27 between the City and Alpha 1, LLC for an annual expenditure not to exceed $120,000 for a three- 28 year period with an option to renew for two (2) additional one (1) year periods, in form and 29 substance similar to that attached as Exhibit A. 30 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 31 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any 32 ancillary documents required under the Agreement or necessary to accomplish the purposes of 33 the Agreement and this Resolution. 47 34 SECTION 4. The City Clerk shall retain the fully executed Agreement as a public record 35 of the City. A copy of the fully executed Agreement shall be provided to Ydelsi Rodriguez to 36 forward to the Contractor. 37 SECTION 5. This Resolution shall take effect immediately. 38 39 PASSED AND ADOPTED this day of c)arluarD 2025. 40 CITY OF BOYNTON BEACH, FLORIDA 41 YES NO 42 Mayor-Ty Penserga 43 f 44 Vice Mayor-Aimee Kelley 45 46 Commissioner-Angela Cruz 47 48 Commissioner-Woodrow L. Hay 49 50 Commissioner-Thomas Turkin 51 52 VOTE c`0 53 A EST: 54 I 55 L. 0 , r 1.3.- 56 f56MayleeD: J--;s, MPA, M C a 57 City Clerk M. .or 58 r .•oY N 1IIrO % F ••"'• t APPROVED AS TO FORM:59 Q:G RpORgTe•F 111 60 (Corporate Seal) .: SEAL•'_61 INCORPORATED; f, a/662 63 192 Shawna G. Lamb 64 t% FLORIDt = City Attorney 48 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND ALPHA 1, LLC, FOR TEMPORARY STAFFING SERVICES This Agreement is made as of this 3_day of Dedlit 6,0.'20 2L/ by and between Alpha 1, LLC, a Florida limited liability company, with a principal address of Carrer De Tuset 13, Sobreatico, Barcelona, Barcelona, 08006 ES hereinafter referred to as "Contractor," 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." In consideration of the mutual benefits, terms, and conditions hereinafter specified, the Parties agree as set forth below. WHEREAS, the City's Procurement Policy exempts specialized staffing services from the competitive solicitation process; and WHEREAS, the City desires to engage Contractor to provide temporary staffing services for the Utilities and Public Works Departments on an as-needed basis (the "Services") according to the terms and subject to the conditions set forth in this Agreement. NOW THEREFORE, for and in consideration of the mutual covenants and promises as hereinafter set forth and of the faithful performance of such covenants and conditions, the City and Contractor do hereby agree as follows: 1. SERVICES AND METHOD OF ORDERING SERVICES. a. Services. Contractor shall provide the type of services described in the Scope of Services attached hereto as Exhibit A (which services are hereinafter referred to as the "Services"). Contractor shall render the Services in a diligent, careful, thorough, and professional manner consistent with sound business practice and shall at all times provide City with the most sound and reasonable recommendations and advice. The standard of care for all Services performed or furnished by the Contractor under this Agreement will be the care and skill ordinarily used by members of the Contractor's profession practicing under similar circumstances or at the same time and in the same locality. b. Method of Ordering Services. Services will be rendered upon request from the City and the City's approval of the candidate(s) as further described in Exhibit A. Alpha I Temporary Staffing Agreement(12 224) 49 2. TERM. This Agreement shall be for an initial term of Three ( 3 ) years, commencing on 03 December , 2024 , and shall remain in effect through 03 December 20 27 ("Initial Term"), unless otherwise terminated or extended as provided in this Agreement. The City reserves the right to renew the Agreement for two (2) additional one-year renewal terms (each an "Extension Term") on the same terms and conditions stated in this Agreement,subject to Contractor's satisfactory performance as determined by the City and determination by the City that renewal will be in the best interest of the City.The Mayor is authorized to execute the Extension Term amendment(s). If Contractor requests a rate change at the time of renewal, such change shall not become effective until a written amendment is approved by the City Commission and duly executed by the Parties. 3. TIME FOR PERFORMANCE.Services under the Agreement shall commence upon the City giving written notice to the Contractor to proceed along with a purchase order.Time is of the essence for the Contractor's performance of the Services. 4. COMPENSATION. As compensation for Services rendered by Contractor to the City, the City shall pay the Contractor an annual amount not to exceed Two Hundred Sixty Thousand Dollars (US$260,000.00) ("Fee") with the following annual fee allocations per department Department Annual Not to Exceed Amount Utilities 60,000 Public Works 200,000 Annual fees shall be calculated based on the anniversary date of complete execution of the Agreement. The Fee is based on the Hourly Rates outlined in the Fee Schedule attached as Exhibit B and incorporated into this Agreement by reference.The Fee shall be the sole compensation paid to Contractor in connection with the rendition of the Services and the performance of any and all of its other obligations under this Agreement and shall include any out-of-pocket or other expenses,including travel expenses,incurred by Contractor. 5. 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 Alpha 1 Temporary Staffing Agreement(12.2.24)2 50 City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010/Facsimile: (561) 742-6090 Contractor: Telephone: Email: 6. INVOICES AND PAYMENT. Invoices must identify the PO number and assignment description and should be mailed to: Boynton Beach Finance Department Attn:Accounts Payable P.O. Box 310 Boynton Beach, FL 33425 Invoices shall show the nature of the service and dates(s) of service. Invoices based on hourly rates shall show the actual hours worked, the person performing services, the nature of the service, the hourly rate, and the dates(s) of service. Invoices may be submitted after such services are performed; however, all services rendered before September 30th of any given year must be invoiced by September 30th of that year. Contractor shall provide a W-9 with the first invoice. Payment shall be made only for services actually performed and completed pursuant to this Agreement.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 -Warr overnment 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 Contractor, either wholly or in part, and no payment shall be construed to be an acceptance of or to relieve Contractor of liability for the defective,faulty, or incomplete rendition of the Services. 7. TAX EXEMPT. Prices applicable to the 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. The City will provide the Contractor with proof of tax- exempt status upon request. 8. SOVEREIGN IMMUNITY. Nothing contained in this Agreement nor contained herein shall be considered nor construed to waive the City's rights and immunities under the common Alpha!Temporary Staffing Agreement(12.224)3 51 law or section 768.28, Florida Statutes,as may be amended. 9. ATTORNEY'S FEES. If either Party brings suit to enforce the Agreement, each Party shall bear its own attorney's fees and court costs. 10. PUBLIC RECORDS.The City is a public agency subject to Chapter 119, Florida Statutes.The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: a. Keep and maintain public records required by the City to perform the service when utilizing non-City-owned equipment; b. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Fla.Stat. or as otherwise provided by law; c. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the City; and d. Upon completion of the contract, Contractor shall transfer to the City, at no cost to the City, all public records in Contractor's possession. All records stored electronically by Contractor must be provided to the City, upon request from the City's custodian of public records, in a format compatible with the City's information technology systems. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK OFFICE 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6060 CityClerk@bbfl.us 11. DISCRIMINATORY VENDOR AND SCRUTINIZED COMPANIES LISTS; COUNTRIES OF Alpha 1 Temporary Staffing Agreement(12.2.24)4 52 CONCERN. Contractor represents that it has not been placed on the "discriminatory vendor list" as provided in Section 287.134, Florida Statutes, and that it is not a scrutinized company" pursuant to Sections 215.473 or 215.4725, Florida Statutes. Contractor represents and certifies that it is not, and for the duration of the Term, will not be, ineligible to contract with City on any of the grounds stated in Section 287.135, Florida Statutes. Contractor represents that it is, and for the duration of the term will remain,in compliance with Section 286.101, Florida Statutes. 12. E-VERIFY. Contractor shall comply with Section 448.095, Fla. Stat., "Employment Eligibility," including registering and using 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 termination date. If this Agreement is terminated for a violation of the statute by Contractor, Contractor may not be awarded a public contract for one (1) year after the termination date. 13. ENTITIES OF FOREIGN CONCERN. The provisions of this section apply only if Contractor or any subconsultant will have access to an individual's personal identifying information under this Agreement. Contractor represents and certifies: (i)Contractor is not owned by the government of a foreign country of concern; (ii)the government of a foreign country of concern does not have a controlling interest in Contractor; and (iii) Contractor is not organized under the laws of and does not have its principal place of business in,a foreign country of concern. On or before the effective date of this Agreement, Contractor and any subconsultant that will have access to personal identifying information shall submit to City executed affidavit(s) under penalty of perjury,in a form approved by City attesting that the entity does not meet any of the criteria in Section 287.138(2), Florida Statutes. Compliance with the requirements of this section is included in the requirements of a proper invoice. Terms used in this section that are not otherwise defined in this Agreement shall have the meanings ascribed to such terms in Section 287.138, Florida Statutes. 14.ANTI-HUMAN TRAFFICKING. On or before the effective date of this Agreement, Contractor shall provide City with an affidavit attesting that the Contractor does not use coercion for labor or services, in accordance with Section 787.06(13), Florida Statutes. 15. COUNTRIES OF CONCERN. The Contractor represents that it is and will remain in compliance with Section 286.101, Florida Statutes,for the duration of the term. 16. PUBLIC ENTITY CRIME ACT.Contractor represents that it is familiar with the requirements and prohibitions under the Public Entity Crime Act, Section 287.133, Florida Statutes,and represents that its entry into this Agreement will not violate that Act. Contractor further represents that there has been no determination that it committed a"public entity crime" as defined by Section 287.133, Florida Statutes, and that it has not been formally charged Alpha I Temporary Staffing Agreement(12.2.24)5 53 with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether Contractor has been placed on the convicted vendor list. 17.CONTINGENCY FEE. Contractor represents and warrants that it has not employed or retained any person or entity, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement and that it has not paid or agreed to pay any person or entity,other than a bona fide employee working solely for Contractor,any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. If this Agreement is subject to Section 287.055, Florida Statutes, the Parties agree and stipulate that the statutory language stated in Section 287.055(6)(a) is deemed included and fully incorporated herein. 18.TRUTH-IN-NEGOTIATION REPRESENTATION. Contractor's compensation under this Agreement is based upon its representations to City. Contractor certifies that the wage rates, factual unit costs, and other information supplied to substantiate Contractor's compensation, including, without limitation, in the negotiation of this Agreement, are accurate, complete, and current as of the date Contractor executes this Agreement. Contractor's compensation may be reduced by City, in its sole discretion, to correct any inaccurate, incomplete, or noncurrent information provided to City as the basis for Contractor's compensation in this Agreement. 19. DULY LICENSED. Contractor represents that it is duly licensed to perform the Services under this Agreement and will continue to maintain all licenses and approvals required to conduct its business. 20. FORCE MAJEURE. If the performance of this Agreement, or any obligation hereunder, is prevented by reason of hurricane, earthquake, or other casualty caused by nature, epidemic, pandemic, or other public health emergency, or by labor strike, war, or by a law,order, proclamation, regulation,ordinance of any governmental agency(collectively, Force Majeure Event"), the Party so affected, upon giving prompt notice to the other Party,shall be excused from such performance to the extent of such prevention, provided that the affected Party shall first have taken reasonable steps to avoid and remove such cause of non-performance and shall continue to take reasonable steps to avoid and remove such cause, and shall promptly notify the other Party in writing and resume performance hereunder whenever such causes are removed; provided, however, that if such inability to perform due to the Force Majeure Event exceeds sixty(60) consecutive days, the Party that was not prevented from performance by the Force Majeure Event has the right to terminate this Agreement upon written notice to the other Party. This section shall not supersede or preclude the exercise of any right either Party may otherwise have to terminate this Agreement. 21. DISPUTES.Any disputes that arise between the parties regarding the performance of this Agreement and cannot be resolved through negotiations shall be submitted to a court of Alpha 1 Temporary Staffing Agreement(12.2.24)6 54 competent jurisdiction exclusively in Palm Beach County,Florida.This Agreement shall be construed under Florida Law. 22.TERMINATION. a. Termination for Convenience.This Agreement may be terminated by either Party for convenience upon fourteen (14)calendar days of written notice. In this event, the Contractor shall be compensated for services performed through the termination date, including services reasonably related to termination. b. Termination for Cause.In addition to all other remedies available to the aggrieved Party, this Agreement shall be subject to cancellation by either Party for cause, should the other Party 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 thirty(30) calendar days after receipt by the defaulting Party of written notice of such neglect or failure. c. In the event of termination, the City shall compensate the Contractor for all authorized work satisfactorily performed through the termination date under the payment terms contained in this Agreement.Contractor shall immediately deliver all documents, written information, electronic data, and other materials concerning City projects•in its possession to the City and shall cooperate in transitioning its consulting duties to appropriate parties at the direction of the City. d. Upon termination, this Agreement shall have no further force or effect, and the Parties shall be relieved of all further liability hereunder, except that the provisions of this section and the provisions regarding property rights, insurance, indemnification, governing law, and litigation shall survive termination of this Agreement and remain in.full force and effect. 23. INDEMNIFICATION.Contractor shall indemnify and hold harmless the City and its elected and appointed officers,agents,assigns and employees,consultants,separate consultants, any of their subconsultants, or sub-subconsultants (collectively, "Indemnified Party"), 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 Indemnified Party arising out of or resulting from (A) Contractor's performance or breach of Agreement, (B) acts or omissions, negligence, recklessness, or intentional wrongful conduct by Contractor, its agents, employees, subcontractors, subconsultants, participants, and volunteers, and (C) Contractor's failure to take out and maintain insurance as required under this Agreement. Contractor shall pay all claims and losses in connection therewith and shall investigate and defend all claims,suits,or actions of any kind or nature against an Indemnified Party,where applicable, including appellate Alpha 1 Temporary Staffing Agreement(12.224)7 55 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. If considered necessary by the City and the City Attorney,the City may retain any sums due Contractor under this Agreement until all claims subject to this indemnification obligation have been settled or otherwise resolved.Any amount withheld shall not be subject to payment of interest by the City. 24. INSURANCE.At the time of execution of this Agreement,the Contractor shall provide the City with a copy of its Certificate of Insurance reflecting the following insurance coverage: a. Workers' Compensation Insurance to apply for all employees in compliance with the"Workers'Compensation Law"of the State of Florida and all applicable federal laws.In addition,the policy(ies)shall include Employer's Liability with limits of One Million Dollars($1,000,000.00)each accident,One Million Dollars($1,000,000.00) each condition,and One Million Dollars ($1,000,000.00)aggregate by condition. b. Comprehensive General Liability with minimum limits of One Million Dollars 1,000,000.00)per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability shall include: i.Premises and/or Operations on an occurrence basis. ii. Completed Operations Liability on an occurrence basis. iii. Broad Form Property Damage. iv. Broad Form Contractual Coverage applicable to this specific Agreement, including any hold harmless and/or indemnification agreement. The Certificate of Insurance shall name the City of Boynton Beach and its officers, employees, and agents as additional insured. c. Contractor shall require that each subconsultant maintains insurance coverage that adequately covers the Services provided by that subconsultant on substantially the same insurance terms and conditions required of Contractor under this article.Contractor shall ensure that all such subconsultants comply with these requirements and that"and its officers,employees,and agents as additional insured" is named as an additional insured under the subconsultants' applicable insurance policies. Contractor shall not permit any subconsultant to provide Services unless and until all applicable requirements of this article are satisfied. d. City may require Contractor to provide auto liability insurance,in limits acceptable to the City's Risk Manager, if the Services include vehicle operation. 25. LIMITATION OF LIABILITY. Notwithstanding any provision of the Agreement to which it is applicable, City shall not be liable or responsible to Contractor beyond the amount remaining due to Contractor under the Agreement, regardless of whether said liability be Alpha 1 Temporary Staffing Agreement(12.2.24)8 56 based in tort, contract, indemnity, or otherwise; and in no event shall City be liable to Contractor for punitive or exemplary damages or lost profits or consequential damages. 26. INDEPENDENT CONTRACTOR. The Agreement does not create an employee/employer relationship between the Parties. The Parties intend that Contractor is an independent contractor under this Agreement and shall not be considered the City's employee for any purpose. Contractor shall not have the right to bind City to any obligation not expressly undertaken by City under this Agreement 27.COMPLIANCE WITH LAWS. Contractor hereby warrants and agrees that at all times material to the Agreement, Contractor 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. 28. BREACH OF REPRESENTATIONS. Contractor acknowledges that City is materially relying on the representations, warranties, and certifications of Contractor stated in this Agreement, and City shall be entitled to exercise any or all of the following remedies if any such representation, warranty, or certification is untrue: (a) recovery of damages incurred; (b)termination of this Agreement without any further liability to Contractor;(c) set off from any amounts due Contractor the total amount of any damage incurred; and d) debarment of Contractor. 29.ASSIGNMENT. If this Agreement and any interests granted herein shall be assigned, transferred, or otherwise encumbered under any circumstances by Contractor, Contractor must gain prior written consent from City thirty(30)business days before such transfer.For purposes of this Agreement,any company ownership change shall constitute an assignment that requires the City's approval. Notwithstanding the foregoing, Contractor 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. Contractor 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. 30. NO LIEN. The Contractor shall not at any time permit any lien, attachment, or any other encumbrance under the laws of the State of Florida, or otherwise, by any person or persons whomsoever to be filed or recorded against the City,against any City property or money due or to become due for any work done or materials furnished under this Agreement by Contractor. 31.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. Alpha 1 Temporary Staffing Agreement(12.2.24)9 57 32. NON-EXCLUSIVE. This Agreement is non-exclusive. City may retain additional entities to perform the same or similar work. 33. REPRESENTATION OF AUTHORITY. Contractor represents and warrants that this Agreement constitutes the legal, valid, binding, and enforceable obligation of Contractor and that neither the execution nor performance of this Agreement constitutes a breach of any agreement that Contractor has with any third party or violates applicable law. Contractor further represents and warrants that execution of this Agreement is within Contractor's legal powers, and each individual executing this Agreement on behalf of Contractor is duly authorized by all necessary and appropriate action to do so on behalf of Contractor and does so with full legal authority. 34. RIGHTS IN DOCUMENTS AND WORK. a. Ownership.Any and all videos, photographs,documents, materials,data,or other work created by Contractor in connection with performing services, whether finished or unfinished ("Documents and Work"), shall be owned by City, and Contractor hereby transfers to City all right, title, and interest, including any copyright or other intellectual property rights, in or to the Documents and Work. b. Deliverables Upon Conclusion of Assignment. Contractor shall deliver to the City for approval and acceptance, and before being eligible for final payment of any amounts due under any temporary staffing assignment, all documents and materials prepared for the City in connection with the assignment. All such documents and records shall be provided within a reasonable time at no additional cost. Such documents may be provided electronically. c. Delivery Upon Expiration or Termination of Agreement. Upon expiration or termination of this Agreement, the Documents and Work shall become the property of City and shall be delivered by Contractor to City within seven (7) days after expiration or termination. Any compensation due to Contractor may be withheld until all Documents and Work are received as provided in this Agreement. Contractor shall ensure that the requirements of this section are included in all agreements with all subconsultant(s). d. Reuse of Project Documents. City may, at its option, reuse (in whole or in part) the resulting end-product or deliverables resulting from Contractor's Services including, but not limited to, drawings, specifications, other documents, and services as described herein); and Contractor agrees to such reuse in accordance with this provision. 35.CONTRACTOR'S STAFF. Contractor will provide the staff identified and selected by City for each assignment as long as they are in Contractor's employment. Contractor will obtain prior written approval from the City to change staff. Contractor shall provide City Alpha 1 Temporary Staffing Agreement(12.2 24)10 58 with such information as necessary for City to determine the suitability of proposed new staff. City will be reasonable in evaluating staff qualifications. If City desires to request removal of any of Contractor's staff, City shall first meet with Contractor and provide reasonable justification for said removal; upon such reasonable justification, Contractor shall use good faith efforts to remove or reassign the staff at issue. 36.THIRD-PARTY BENEFICIARIES. Neither Contractor nor City intends to primarily or directly benefit a third party by this Agreement. Therefore, the Parties acknowledge that there are no third-party beneficiaries to this Agreement and that no third party shall be entitled to assert a right or claim against either of them based upon this Agreement. 37. MATERIALITY AND WAIVER OF BREACH. Each requirement,duty,and obligation set forth in this Agreement was bargained for at arm's length and is agreed to by the Parties. Each requirement, duty,and obligation set forth in this Agreement is substantial and essential to the formation of this Agreement, and each is,therefore, a material term. City's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach shall not be deemed a waiver of any subsequent breach and shall not be construed as a modification of this Agreement. To be effective, any waiver must be in writing and signed by an authorized signatory of the Party granting the waiver. 38.COUNTERPARTS AND MULTIPLE ORIGINALS. This Agreement may be executed in multiple originals and may be executed in counterparts, whether signed physically or electronically, each of which shall be deemed to be an original, but all of which, taken together,shall constitute one and the same agreement. 39. NON-DISCRIMINATION. Contractor and any subconsultants shall not discriminate on the basis of race, color, sex, religion, national origin, disability, age, marital status, political affiliation, sexual orientation, pregnancy, or gender identity and expression in the performance of this Agreement. 40. ENTIRE AGREEMENT. The Agreement including the Exhibits that are incorporated into this Agreement in their entirety,embody the entire agreement and understanding of the parties concerning the subject matter of this Agreement and supersede all prior and contemporaneous agreements and understandings, oral or written, relating to said subject matter.This Agreement may only be modified by a written amendment executed by the City and Contractor. 41.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. Alpha 1 Temporary Staffing Agreement(12.2.24)1 1 59 Alpha 1 Temporary Staffing Agreement(12.2.24)12 60 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 ALPHA 1, LLC c4-e-A- en -r , Mayor lgnature), C pany all/m(444g'. ailie/Lrs Print Name of Authorized Official e&—.0 Title Approved as to Form: J. 4-4 Shawna G. Lamb, City Attorney Corporate Seal) Attest/Authenticated: Atte: ed authenticated: t., I 0 rSignature), r s e. i rr.4 i<oil eQtc Maylee D:JesCity Clerk4PrintName p'(NTON:<\ 57N two1 semi-F: SE i INCORPORATED i 1920 .: FLOR\VP= Alpha 1 Temporary Staffing Agreement(12.2.24)13 61 EXHIBIT A SCOPE OF SERVICES A. Scope of Work The Contractor will furnish all temporary personnel necessary for the City's day-to-day operations.Temporary employees must be available and report for work within twenty-four 24)work hours of notification. B. Specifications 1. Candidates Submitted for the City's Consideration. Upon request from the City, Contractor shall provide candidates for the job classifications requested by the designated City representative at the time and place requested. Typically, three or more candidates must be submitted for each vacancy at the discretion of the requesting department. Candidates shall be provided at no cost to the City. If the Contractor fails to provide qualified individuals for the job classification requested within the specified lead time,the City may request the services from other vendors. 2. The City reserves the right to conduct on-site or in-person interviews with candidates or to make placement selections based on resumes provided by the Contractor. 3. Contractor agrees to provide only skilled, knowledgeable, and experienced personnel to perform services on a temporary basis to the City. Contractor also agrees to provide the City information on any candidate whose quality of services had been previously determined to be unsatisfactory by any City department. 4. The City's designated representative and the Contractor shall mutually agree on the job description, minimum qualifications, working hours,job location, assignment duration, duties,and responsibilities for each position,as needed. Contractor must inform the City of any temporary staffing employee who will be accepted for assignment at the City when currently on assignment elsewhere. 5. No substitution of staff with a lower skill base will be acceptable without the prior written approval of the City. 6. The Contractor agrees not to place any individual in a temporary assignment with the City who the City previously employed as a regular employee without prior approval of the Human Resources Department. 7. Upon request from the City, Contractor must immediately replace any personnel providing services whose quality of services is unsatisfactory to the City department.The City will not be charged for unsatisfactory services. The City will exclusively determine whether the quality of the services of any temporary personnel is satisfactory or Alpha 1 Temporary Staffing Agreement(12.2.24)14 62 unsatisfactory. 8. Should any person terminate employment with the Contractor while such person is providing services to the City department, the Contractor must agree to immediately replace such person with a person having similar skill, knowledge, and experience (with prior approval of the City). The Contractor shall replace the person expeditiously at the same contracted bill rate for each position. If the Contractor fails to replace the person in a timely manner, the City reserves the right to access the services of another Contractor. 9. The City shall have the right to determine the period of time and work schedule of all personnel provided by the Contractor to perform services as a temporary agency employee.The City will not warrant or guarantee the period of time or work schedule of any person provided by the Contractor to perform services at a designated department at the City. 10.All candidates placed in the City shall be the Contractor's employees,and at no time shall the City be liable for any employer responsibilities to the Contractor's employee. C. Background Checks& Pre-Placement Screenings Any temporary staffing employee selected for placement in a City department must successfully complete a background check conducted by the City's Police Department. Any criminal background records/convictions should be disclosed to the City prior to the Contractor engaging the candidate to work for the assignment. Upon disclosure of a candidate's criminal background,the City has the discretion to accept or reject the candidate based on the background. Additionally, if required, drug testing will be conducted per Title 49, Code of Federal Regulations Part 40. The Contractor must provide a pre-placement motor vehicle record for all candidates being considered for positions that require the operation of a motor vehicle. D. Temp to Hire Should an opening for a permanent position within the City become available,the temporary worker may apply for this position.The City reserves the right to hire this temporary worker without any financial obligation to the Contractor. Alpha 1 Temporary Staffing Agreement(12.2.24)15 63 E. Vacation If a temporary worker qualifies for a vacation under their employment contract with the Contractor, that employee will give the City two (2) weeks' notice before the start of such vacation. The Contractor shall. be responsible for any vacation pay due to the employee. Additionally, if the assignment is ongoing during the employee's vacation,the Contractor will provide a replacement employee. F. Position Classifications Needs of the City for temporary personnel include the following positions Title Department Finance Coordinator Utilities Data Entry Specialist Utilities Info Desk Coordinator Utilities Office Assistants Public Works Laborer Public Works Additional departments or position categories may be added upon written amendment to the Agreement. G. Quantities No warranty or guarantee is given or implied as to the total amounts to be purchased resulting from this contract. All services will be ordered on an as-needed basis. Alpha 1 Temporary Staffing Agreement(12 2.24)16 64 EXHIBIT B FEE SCHEDULE/ HOURLY RATES Title Department Mark-up Payrate Billrate Finance Coordinator Utilities 38% 38.00 52.44 Data Entry Specialist Utilities 38% 25.00 34.50 Info Desk Utilities 38% 18.59 25.00 Coordinator Office Assistants Public Works 38% 20.00 27.80 Laborer Public Works 38% 15.00 20.00 Alpha I Temporary Staffing Agreement(12.2.24)17 65 City of Boynton Beach Agenda Item Request Form 6.D Consent Agenda 08/19/2025 Meeting Date: 08/19/2025 Proposed Resolution No. R25-218- Approve sports provider facility use agreement between City of Boynton Beach and East Boynton Blaze Baseball Inc. for the use of Galaxy Park located at 301 Galaxy Way, Boynton Beach, FL 33435, and authorizing the Mayor to execute the agreement. Requested Action: Staff recommends approval of Proposed Resolution No. R25-218. Explanation of Request: The proposed one-year agreement with East Boynton Beach Blaze Inc. represents a collaborative approach to managing Galaxy Park, a municipal facility dedicated to youth baseball. Key agreement highlights: Facility Access: provisions for use of one lighted ballfield, batting cages, pitching bullpen, and supporting infrastructure. Authorized for youth travel baseball. Defined seasonal usage periods (August 4 - December 14 and January 5 - June 14). Financial Considerations: 15% player fee per participant per season. Transparent fee collection and reporting mechanisms. Potential for fee credits based on participation by Boynton residents. Operational Responsibilities: Comprehensive background screening requirements for coaches and volunteers. Detailed field maintenance and usage protocols, Compliance with City safety and regulatory standards. How will this affect city programs or services? This agreement supports the City's commitment to youth recreational programming and community engagement by providing structured access to municipal sports facilities. Budgeted Item: Yes Account Line Item and Description: Funding is provided for in account #001-2730-572.49-17. Fiscal Impact: Revenue generation through player fees, with minimal direct operational costs to the City. Attachments: 66 R25-218 Agenda_Item_3508-2025_- _Approving_sports_provider_facility_use_agreement_between_City_and_East_Boynton_Blaze_Baseball.docx Exhibit A to Resolution - Blaze Draft SPA Final Agreement.pdf 67 RESOLUTION NO. R25-218 1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 2 BEACH, FLORIDA, APPROVING THE SPORTS PROVIDER FACILITY USE 3 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND EAST 4 BOYNTON BLAZE BASEBALL INC. FOR THE USE OF GALAXY PARK; AND 5 FOR ALL OTHER PURPOSES. 6 7 WHEREAS, the City of Boynton Beach, Florida (“City”) owns the real property known as 8 Galaxy Park, located at 461 Boynton Beach Boulevard, Boynton Beach, Florida; and 9 WHEREAS, Galaxy Park includes a baseball field, lighting, batting cages, restrooms, and a 10 parking area, and is available for use by the public; and 11 WHEREAS, East Boynton Blaze Baseball (“EBBB”) is offering youth baseball league play at 12 Galaxy Park, with the City willing to permit EBBB to use Galaxy Baseball Field to operate a youth 13 baseball sports league; and 14 WHEREAS, both the City and Provider desire to enter into a one-year Galaxy Park Sports 15 Provider Field Use Agreement (“Agreement”) with defined seasonal usage periods of August 4 16 through December 14 and January 5 through June 14; and 17 WHEREAS, the proposed Agreement provides for a 15% player fee per participant per 18 season, including comprehensive background screening requirements for coaches and volunteers, 19 field maintenance and usage protocols, and compliance with City safety and regulatory standards; 20 and 21 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 22 best interests of the city’s citizens and residents to approve the Agreement between the City and 23 Provider, and support the City’s commitment to youth recreational programming and community 24 engagement through structured access to municipal sports facilities. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 26 BEACH, FLORIDA, THAT: 27 SECTION 1. The foregoing “Whereas” clauses are hereby ratified and confirmed as 28 being true and correct and are hereby made a specific part of this Resolution upon adoption. 29 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 30 approve the Agreement in form and substance similar to that attached as Exhibit A. 31 68 RESOLUTION NO. R25-218 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 32 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any 33 ancillary documents required under the Agreement or necessary to accomplish the purposes of 34 the Agreement, including any term extensions as provided in the Agreement, provided such 35 documents do not modify the material terms. 36 SECTION 4. Upon full execution of the Agreement, the Agreement shall be retained by 37 the City Clerk as a public record of the City. A full copy of the executed Agreement shall be 38 provided to Marvelous Washington. 39 SECTION 5. This Resolution shall take effect in accordance with law. 40 [SIGNATURES ON THE FOLLOWING PAGE] 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 69 RESOLUTION NO. R25-218 PASSED AND ADOPTED this _______ day of ______________________________________, 2025. 56 CITY OF BOYNTON BEACH, FLORIDA 57 YES NO 58 Mayor – Rebecca Shelton _____ _____ 59 60 Vice Mayor – Woodrow L. Hay _____ _____ 61 62 Commissioner – Angela Cruz _____ _____ 63 64 Commissioner – Thomas Turkin _____ _____ 65 66 Commissioner – Aimee Kelley _____ _____ 67 68 VOTE ______ 69 ATTEST: 70 71 _____________________________ ______________________________ 72 Maylee De Jesús, MPA, MMC Rebecca Shelton 73 City Clerk Mayor 74 75 APPROVED AS TO FORM: 76 (Corporate Seal) 77 78 _______________________________ 79 Shawna G. Lamb 80 City Attorney 81 82 83 70 Page 1 of 23 EBBB Agreement 6/6/25 CITY OF BOYNTON BEACH AND EAST BOYNTON BLAZE BASEBALL (GALAXY PARK SPORTS PROVIDER FIELD USE AGREEMENT) THIS SPORTS PROVIDER FIELD USE (“Agreement”) is made and entered into this _____ day of ________2025, by and between the CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, organized and existing under the laws of the State of Florida, hereinafter referred to as “City,” and EAST BOYNTON BLAZE BASEBALL, a Florida not-for-profit corporation, hereinafter referred to as “EBBB” or “Provider.” WITNESSETH: Whereas, City is the owner of the real property known as Galaxy Park, located at 461 Boynton Beach Blvd., Boynton Beach, Florida; and Whereas, Galaxy Park includes a Baseball Field, Lighting, Batting Cages, Restrooms, and a Parking Area. Whereas, Galaxy Park is available for use by the public; and Whereas, Provider is offering youth baseball sports league at Galaxy Park; and Whereas, the City is willing to permit Provider to utilize Galaxy Baseball Field to operate a youth baseball sports league subject to the terms and conditions outlined in this Agreement. Now, therefore, in consideration of the mutual covenants and provisions hereof, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. RECITALS The foregoing recitals are true and correct and are hereby incorporated into this Agreement by reference. 2. PERMITTED USE AND NO PROPERTY INTEREST a. Provider shall be allowed to utilize the Galaxy Ballfield to organize, coordinate, and implement fall (August 4 – December 14) and spring (January 5 – June 14), for games and practices, an opening and closing ceremony for each season, one annual (1) fundraiser, and one annual (1) tournament on dates and times permitted by the City, subject to the terms of this Agreement. All usage of the Ballfield is subject to the City’s advance written approval. Specific dates & times for the 71 Page 2 of 23 EBBB Agreement 6/6/25 Provider’s use of the Galaxy Field will be determined following the next election of the board and by the parties in accordance with this Agreement. b. Field Use Priority. Subject to full compliance with all terms and conditions set forth herein, the City shall process concurrent applications for Ballfield field use permits in accordance with the following priority classification system: i. City sponsored events or programming (as defined in Section 2(l)); ii. Police Athletic League (PAL) events or programming ; iii. Youth sports programming permitted pursuant to this Agreement; iv. Other recognized Sports Provider youth sports programming under other agreements between City and third parties; and v. Adult sports programming. c. Property Interest. The Provider acknowledges and agrees that this Agreement does not create or convey any property interest at Galaxy Park to the Provider. This Agreement grants only a temporary ability to utilize the Galaxy Baseball Field, subject to the City’s approval, as specified herein. The Provider has no leasehold or other property interest in the Galaxy, and no right to exclusive possession or use of any portion. d. Permits Required, No Third-Party Use. All field rentals must be permitted by City. Provider will not be allowed to permit third -party use of the Galaxy Field at any time. Any use not specified above is prohibited unless approved in writing by the City. e. Ownership of Field. The City retains all ownership rights and interests in the Galaxy Baseball Field. The City reserves the right to access the Galaxy Field at any time and to revoke or modify the Provider's permission to use the Field in accordance with the terms of this Agreement. f. Field Maintenance. The parties acknowledge that it may be necessary to shut down Galaxy Field during periods of the year for field restoration and maintenance. The City will provide Provider with no less than thirty (30) days notice of scheduled field shutdown period. Provider must coordinate the schedule for each season with the Recreation & Parks Department to accommodate these planned field shutdowns. City reserves the right to shut down Galaxy Park as may be necessary to conduct unplanned, emergency maintenance. City will endeavor to provide Provider as soon as reasonably possible of any occurrence resulting in a requirement for emergency maintenance. Any field shutdown or field unavailability due to emergency maintenance shall not constitute a breach of this Agreement by the City. g. Future Changes to Ballfield. At its sole discretion, the City may make changes to the Galaxy Ballfield, including but not limited to modifications, renovations, or repurposing of any part of the field. The City will provide a minimum of thirty (30) 72 Page 3 of 23 EBBB Agreement 6/6/25 days courtesy notice to the Provider before a City Commission meeting at which substantial changes that may affect the Provider's use of the Galaxy Ballfield will be considered. Provider may provide written comments regarding the proposed changes within fifteen (15) days of receipt of such notice from the City. However, the Provider acknowledges and agrees that it has no right of refusal or decision - making authority to any such changes. h. Additional Events, Separate Approval Required. The parties expressly acknowledge that any additional events, fundraisers, ceremonies, tournaments, and clinics hosted by Provider, other than those uses expressly outlined in Section 2(a) above, are not the subject of this Agreement, and all such events must be separately applied for and permitted by the City. Additionally, Provider shall obtain any required permits for additional equipment brought to Galaxy Park (such as bounce houses, food trucks, tents, stages, etc.) that are ancillary to an authorized use. Provider is responsible for submitting the applicable permit application(s) and payment of any applicable fees in accordance with the City’s then -current fee schedules. i. No Private Use of Field. Provider shall not promote or solicit for any privately- owned business at the Ballfield. Provider may not use the Ballfield to conduct personal business, including workshops, clinics, seminars, camps, or any other activities outside the permitted scope described in Section 2(a) above. It is further understood that any such action(s) may result in immediate termination of this Agreement. j. Provider’s right to utilize the Galaxy Ballfield is subject to compliance with the terms of this Agreement and field availability. The parties agree that City programming, defined as any activity that is operated by the City and includes any City events, shall have first priority for use of the Ballfield. 3. FEES AND PAYMENT a. Field Usage Fees. Provider must pay a Player Fee equal to 15% of the base registration fee per season per participant. This fee covers all season permits/use fees for Provider’s use of the Galaxy Ballfield for the purposes described in Section 2(a). No further fees are contemplated for those uses; however, Provider acknowledges that it shall be required to obtain the permits and pay the applicable fees for additional events or ancillary required permits, as described in Section 2(h). b. Payment Due Date. All Field Usage Fees shall be forwarded to the City in one lump sum within fourteen (14) days of the season start date (the earliest date of the first practices, games, or other activities). The parties acknowledge that rosters may change, and registration may continue for up to three (3) weeks after the commencement of a season. In the event of such ongoing registration, the Provider shall submit a supplemental payment to the City within thirty (30) days of 73 Page 4 of 23 EBBB Agreement 6/6/25 the start of the season. A copy of the roster described in Section 4(a)(xi) shall accompany the payment. c. Late Payments. Late payments will incur a fee of 8% of the outstanding amount per day overdue. d. Damages and Suspension for Non-Payment. i. A written warning will be issued if payment is not received within 10 days of the due date. ii. If payment remains outstanding five (5) days after the written warning, Provider shall pay to City liquidated damages in the amount of One Thousand Dollars ($1,000.00). The parties acknowledge and agree that: (i) actual damages arising from late payment would be difficult to ascertain with certainty; (ii) this amount represents a reasonable estimate of City's potential loss of permit revenue from third parties; and (iii) this sum constitutes liquidated damages and not a penalty. iii. If payment remains outstanding for 30 days after the liquidated damages amount is applied, the Provider's right to use the Galaxy Ballfield will be suspended, and any approved permits shall be deemed revoked and void until all outstanding amounts, including late fees and damages, are paid in full. iv. At the City's sole discretion, repeated instances of late payment may result in the termination of this Agreement. e. Resumption of Use of Ballfield. i. Once all outstanding amounts are paid, the Provider may resume using the Ballfield according to any approved permits. ii. The City reserves the right to require a security deposit of $5,000.00 before reinstating the Provider's use of the Ballfield following a suspension. 4. PROVIDER RESPONSIBILITIES a. Submission of Required Documentation. At the commencement of each season, before the start of any practices, games, or other activities for the season, or such other date designated below, Provider shall: i. Provide proof of compliance with all federal, state, and local laws, ordinances, rules, and regulations, including, but not limited to, all background checks, fingerprinting, and certification requirements established by Florida law and otherwise required by this Agreement; and 74 Page 5 of 23 EBBB Agreement 6/6/25 ii. Provide written confirmation that all coaches and volunteers have completed the CDC Concussion training for youth sports or a sport-specific alternative (such as USA Baseball “Diamond Leader” and “Abuse Awareness” certifications). iii. Provide a copy of Provider’s current organizational by -laws, policies, and procedures, and shall provide updated copies to the City within five (5) days after adopting any amendments. iv. Provide a current list of Provider’s Board of Directors, including names, positions, phone numbers, email addresses, and addresses. v. Provide a current list of coaches, including names, phone numbers, email addresses, and addresses, at least one week before the start of the season. vi. Provide proof of Liability Insurance as Section 7 of this Agreement requires. vii. Provide a copy of discipline guidelines for players, coaches, parents, board members, and volunteers. viii. Provider shall adopt and strictly enforce a Players and Coaches Code of Conduct as applicable to all officers, coaches, parents, volunteers, and players. A copy of the code of conduct shall be provided to the City. The code of conduct shall include minimum guidelines to discipline any member for violating the Code of Conduct. Provider agrees to maintain standards of conduct and disciplinary penalties and/or action as may be necessary to ensure a safe and amicable environment for participants, spectators, guests, invitees and other Ballfield patrons. Provider shall provide written verification that all officers, parents, coaches, volunteers, and players have signed the Code of Conduct agreement with Provider. ix. Provider must be maintained as a not-for-profit organization and must comply with all regulations, as may be amended, required to maintain said status. EBBB shall provide proof of its current not-for-profit status. x. Provider shall comply with all applicable and governing provisions of the Internal Revenue Code and provide the Director of Recreation and Parks with a copy of all annual IRS filings within 30 days after filing. Upon request, Provider shall provide City with copies of Provider’s financial statements, including, but not limited to, Year End Balance Sheet, Cash Flow Report, Tax Returns, Provider's proposed next year operating budget, financial information of each Provider’s programs (i.e., recreational and travel/competitive separately), or the annual gross revenue that the Provider receives from concession service. xi. Provider shall provide a roster of all registered participants, including names, addresses, and amounts paid, no later than the Payment Due Date set forth in Section 3.0(b) above. At its sole discretion and expense, the City may require a 75 Page 6 of 23 EBBB Agreement 6/6/25 certified financial audit. The City will determine the scope of such an audit if required. b. Residency Requirements; Waitlists. Provider shall comply with the following: i. Participants. 1. Provider shall ensure that all participants reside or attend school within the eligible boundaries for participation in Provider’s league. 2. Resident Fee Discount Incentive. Provider shall receive a 5% reduction on Field Usage Player Fees, as described in Section 3(a), for Boynton Beach resident participants during any season in which Boynton Beach residents constitute 51% or more of total program enrollment. ii. Board Members. The City will allow the Provider to maintain its current Board composition as a grandfathered arrangement. During the Initial Term of the Agreement, the Provider is granted a transitional period to establish a board that meets the residency requirements specified below. 1. Board Composition Requirement: a. City of Boynton Beach residents shall comprise a minimum of 51% of board members (the “Residency Requirement”). b. Current board composition is temporarily permitted during the Initial Term. 2. Initial Compliance Period: a. Provider has the entire Initial Term to restructure its board to comply with the Residency Requirement. b. Compliance with the Residency Requirement must be achieved before the end of the Initial Term. 3. Consequences of Non-Compliance: a. Failure to meet the Residency Requirement by the end of the Initial Term will constitute a breach of the Agreement. b. If Provider fails to meet the Residency Requirement during the Initial Term, the City reserves the right to non-renew the Agreement for cause, as outlined in Sections 8.0 and 9.0. 4. Ongoing Compliance Obligation: a. After the Initial Term, any future failure to maintain board composition in accordance with the Residency Requirements will be considered a breach of this Agreement. b. In the event of such breach, the City may exercise its right to terminate the Agreement for cause, as specified in Section 9.0. 76 Page 7 of 23 EBBB Agreement 6/6/25 iii. Residency Verification. Provider shall verify residency (with a utility bill or mortgage statement) and shall provide the City with a sworn statement certifying the residency breakdown for participants and board members for each season. iv. Registration Wait Lists. Following the end of the official registration period, the Provider will establish two distinct sign-up waiting lists. One list will be for residents and the second for non-residents. With each available opening on a team, the resident’s waiting list will be exhausted before contacting any non - resident. Further, the resident list shall be exhausted in the following order: (a) first: prior participants in the program; and (b) second: persons who have not previously participated. c. Coordination with City and EBBB Board Meetings. i. Provider shall appoint one (1) liaison from their board and one (1) alternate liaison to be the official spokesperson for the EBBB. All communication with the City should be through this designated liaison. ii. The Provider’s Liaison shall schedule quarterly meetings with the City Recreation and Parks Director/staff, Public Works Director/staff, and/or City Management staff, as directed by the City, to ensure routine communication and updates. iii. Provider shall host all board meetings on City property, iv. Failure to submit the season calendar or field usage requests in accordance with this section in a timely manner may result in a delay in holding the scheduled game(s) or events. The City shall have no liability for any such delays or rescheduling required due to such delays. v. Provider must display City-granted permits on-site during approved field reservations. d. Equipment Storage and Ballfield Maintenance. i. Provider shall be responsible for securing equipment and supplies related to the baseball program’s operations. ii. Provider is responsible for restoring the Galaxy Field to its pre-reservation condition, including cleaning of items including, but not limited to, collection of debris, waste, and recycling, and placing such in designated containers/locations, after each permitted use. iii. Provider is responsible for all field linings after the City completes initial pre- use linings. 77 Page 8 of 23 EBBB Agreement 6/6/25 iv. Provider shall not make, or permit any structural changes to be made, perform any maintenance, or make any improvements to the Galaxy Ballfield, except upon written approval of the City. Any changes or improvements approved by the City shall remain as part of the Ballfield and the property of the City upon the expiration or termination of this Agreement. v. Provider shall submit all facility improvement and/or repair requests in writing to the Recreation and Parks Director or designee. Recreation and Parks Director or designee will route the request through appropriate City personnel vi. Provider shall cover the pitching mounds on the field after each use. e. Damage / Reporting Requirements. i. Provider shall notify the Recreation & Parks Department of any known or observed damage, vandalism, needed repairs, or safety issues at the Galaxy Ballfield as soon as possible, not later than the next day. ii. In the event of any damage outside of normal wear and tear caused by the Provider or any of its employees, volunteers, coaches, referees, and participants, the Provider shall be responsible for restoring the Ballfield or any other damaged area to its pre-existing condition before the damage. iii. The Provider shall immediately notify the Recreation & Parks Department of any alcoholic beverages and/or illegal drugs known to be consumed on the Ballfield. f. Other Responsibilities. i. Provider shall be solely responsible for all costs and/or expenses associated with, or as a result of, the operation of its programs under this Agreement and further agrees that it shall be responsible for obtaining any and all licenses, permits, or certificates required to operate under this agreement, including the cost associated therewith. ii. Provider shall provide all instructors, employees, coaches, volunteers, and program staff necessary to operate the baseball program. iii. East Boynton Blaze Baseball (EBBB) Board and Committee Members shall not sit on the board or committee of any other organization that has a Sports Provider Agreement with or rents any field/ court space from the City. Notwithstanding the foregoing, EBBB Board and Committee Members may sit on the board of Boynton Beach Little League, Inc. (BBLL) iv. Provider shall be solely responsible for providing all necessary operational equipment and supplies to successfully run the baseball program (i.e., helmets, 78 Page 9 of 23 EBBB Agreement 6/6/25 bats, catcher’s gear, baseballs, gloves, uniforms). v. Provider shall maintain complete and adequate accounting records documenting all fees, revenue, expenses, and changes associated with EBBB’s operation of the baseball program. vi. Provider will establish guidelines for scholarships or financial assistance that are equivalent to the City’s established policies, at a minimum. vii. The Provider will inform the City of any Board member changes at least thirty (30) days before the change goes into effect or the earliest reasonable notice if less than thirty (30) days are available. viii. Provider shall adhere to the City’s inclement weather policies and procedures. ix. Provider shall comply with all applicable statutes, ordinances, rules, orders, regulations, and requirements of all local, City, state, and federal agencies, including all City Ballfield rules and regulations as they may be modified from time to time. x. Provider shall not discriminate against any person on the basis of race, color, religion, sexual orientation, gender, or gender identity in its use of the Ballfield. xi. Provider recognizes that when a Galaxy field use permits is issued by the City; the field is reserved for the Provider to the exclusion of others. Recognizing this exclusivity, Provider shall only reserve the Galaxy Ballfield for dates and times intended for its use, and Provider shall reserve field space only for Provider’s own usage. Provider does not have the authority to sublease the Ballfield to any other group or organization, including, but not limited to, sports camps and private instructors. Sports camps, private instructors, tournaments, etc., shall contract directly with the City. Provider’s insurance policy must cover all activities programmed by EBBB, and the City must be listed as an additional insured. Nothing contained in this Agreement shall limit the City’s right or ability to lease or permit the Ballfield, or any portion thereof, to a third party for an activity or event approved by the City, provided, however, that such event or activity shall not conflict with Provider’s approved and permitted use of such facility. xii. Provider shall have a designated supervisor on site who thoroughly understands the activities and uses of the Ballfield pursuant to this Agreement, who shall, as the Provider’s agent, supervise, direct, and otherwise conduct the activities and use of the property under this Agreement. Provider's agents, representatives, volunteers, and employees shall serve the public in a courteous, helpful, and impartial manner. Provider shall, upon receipt of a written request from the City, immediately exclude any volunteer of Provider from providing services under this Agreement 79 Page 10 of 23 EBBB Agreement 6/6/25 5. CITY RESPONSIBILITIES a. The City shall be responsible for the operation and maintenance of the irrigation system. b. The City shall be responsible for maintaining all areas of the Galaxy Ballfield to provide safe field conditions for all park patrons. Maintenance shall include, but not be limited to, chalking infield foul lines, painting outfield lines, mowing, landscaping, and servicing the common ground areas. c. The City will allow Galaxy Field to be used only when field conditions are deemed safe and when used, will not create unacceptable damage to the field. If the Ballfield is considered unsafe and unplayable, it will be closed upon the determination of the Recreation and Parks Director or designee. The City may limit, if necessary, the use of the Galaxy Ballfield to prevent overuse, misuse, or abuse of the facilities, subject to the City’s sole discretion. d. On weekdays, the City will assess field conditions within 2 hours before reservation times. On weekends, the City will assess field conditions upon the arrival of maintenance staff. The Recreation and Parks Director or designee will notify the Provider of potential field closures. e. The City will ensure that the parking areas are properly lit. f. Payment of Bills. The City shall be responsible for payment of the following bills for services at the Ballfield: i. Utility bills associated with potable water and wastewater for the public restrooms. ii. All costs associated with the collection and disposal of solid waste. iii. Utility bills associated with reclaimed water. iv. All energy charges for the Ballfield lighting, and any other electric charges incidental to Ballfield's operations. 6. BACKGROUND SCREENING REQUIREMENTS Prior to Provider’s use of the Ballfield, Provider shall conduct background screenings in accordance with Florida Law, including, but not limited to, Section 435.03 and Chapter 943, Florida Statutes, and submit the Affidavit of Criminal Background Screening attached hereto as Exhibit A. No person(s) other than those who have successfully passed all aspects of the background screening process will be permitted to act on behalf of or in any official capacity with the “EBBB” while utilizing the Ballfield. The background screening requirements include, but are not limited to, Provider’s Board of Directors, 80 Page 11 of 23 EBBB Agreement 6/6/25 umpires, managers, game coaches, field coaches, team volunteers, concession stand volunteers, and anyone else providing services on Provider’s behalf pursuant to this Agreement. City reserves the right to approve or reject, for any reason, Provider personnel assigned to perform services under this Agreement at any time. Provider shall not allow any coach, manager, official, or volunteer who has not satisfied the Provider’s requirements of Section 435.03, Florida Statutes, or Chapter 943, as applicable, to provide any service under this Agreement. Provider shall be responsible for the cost of all background screening required pursuant to this section. A minimum of seven (7) days before the first official scheduled practice of each fall or spring season, EBBB shall submit a list of names for all active staff and volunteers. The list shall include only the names of those who have successfully passed the b ackground screening process. The list of approved names shall be accurate and complete to the best of Provider’s knowledge. If additional staff or volunteers are engaged to provide services under this Agreement, Provider shall submit an updated Background Screening Affidavit and provide the City with the names of any such staff or volunteers by email to: fieldreservations@bbfl.us. The updated affidavit shall be provided to the City within three (3) business days after EBBB completes the background screening. 7. INSURANCE a. Provider will provide the proper insurance approved by the City for all approved baseball activities played at the Ballfield. Provider must maintain at their sole expense all necessary insurance in such form and amount as required by City’s Risk Management Department, which includes, but is not limited to, General Liability Insurance in the amount of one million dollars ($1,000,000) per occurrence, general aggregate combined single limit for automobile liability, including premises and operation, as well as Products Completed/Operations Aggregate, and Personal Advertising Injury; and, all other insurance coverage reasonably required by the City, including Workers’ Compensation and Employers’ Liability Insurance, Umbrella/Excess Liability Insurance, and Professional Liability when appropriate. Coverage shall not contain any endorsement(s) excluding Contractual Liability or Cross Liability. b. The policy shall be endorsed to contain the following provisions: i. The City of Boynton Beach shall be named as an additional insured. The coverage shall contain no limitations on the scope of protection afforded to the City, its officers, officials, employees, or volunteers. ii. A current valid insurance policy meeting the requirements herein identified shall be maintained during the duration of this Agreement, and shall be endorsed to state that coverage shall not be suspended, voided, or cancelled by either party, reduced in coverage in limits except after thirty (30) days prior written notice by either certified mail, return receipt requested, has been given to the City. 81 Page 12 of 23 EBBB Agreement 6/6/25 iii. Provider shall inform its insurer to furnish directly with the City certificates of insurance with original endorsements affecting coverage required within. EBBB shall provide binders indicating placement of coverage to City before the effective date of this Agreement. iv. City will continue to maintain all necessary insurance coverage to protect its interests, as determined by the City’s Risk Manager. v. Provider will provide the renter’s insurance, in amounts determined by the City’s Risk Manager, for the concession stand building and the storage building attached to the restroom building. 8. TERM AND RENEWALS a. Term of Agreement and Renewal. The initial term of this Agreement shall be one (1) year commencing upon execution of this agreement, (the “Commencement Date”), and terminating on the day immediately preceding the date of the first (1st) anniversary of the Commencement Date (the “Initial Term”) unless otherwise terminated pursuant to the terms of this Agreement. EBBB shall have the right to extend the Term for two (2), two (2) years periods (the “Renewal Terms”) on the same terms and conditions as set forth herein. The Initial Term and any Renewal Terms are collectively referred to as the “Term.”  The Renewal Terms shall automatically occur unless EBBB gives written notice to the CITY of its intention not to extend this Agreement at least six (6) months prior to the end of the current term. If, at the end of the last Renewal Term, t his Agreement has not been terminated by either party giving the other party written notice of its intention to terminate at least six (6) months prior to the end of the last Renewal Term, this Agreement shall remain in force and effect upon the same coven ants, terms and conditions.  This Agreement shall renew for annual terms thereafter on the same financial terms unless terminated by either party by giving the other party written notice of its intention to terminate at least six (6) months prior to the en d of such term. b. Non-Renewal and Automatic Extension. Provider acknowledges and agrees that it has no right to renewal of this Agreement, and City may, in its sole discretion, decline to renew or extend this Agreement with or without cause. City shall provide Provider written notice of its intent not to renew at least sixty (60) days prior to the expiration of the then-current term. If City fails to provide timely notice of non - renewal in cases where non-renewal is without cause, this Agreement shall automatically extend for one (1) additional year beyond its scheduled expiration date to allow Provider to make alternative arrangements for future seasons. No automatic extension shall apply if non-renewal is for cause, and in such cases, the Agreement shall be governed by the terms set forth in Section 9.0. Any extensions beyond the one-year automatic extension period require the express written agreement of both parties. 82 Page 13 of 23 EBBB Agreement 6/6/25 9. TERMINATION a. Termination for Convenience. Either party may terminate this Agreement for its convenience at any time upon providing a minimum of one (1) year written notice to the other Party; provided, however, in the event the City terminates this Agreement for convenience, Provider shall be able to complete any youth sports programs that have commenced at the time that written notice of termination has been received, including any programs that have completed registration. Provider shall not commence registration for any youth sports programs following receipt of notice of termination by the City pursuant to this section. In the event of termination for convenience, the City shall have no liability to the Provider for any costs, expenses, or damages arising from or related to the termination of this Agreement. Provider shall pay all fees for use of the Ballfield occurring before the effective date of termination. b. Termination for Cause. Either party may terminate this Agreement for cause upon thirty (30) days prior written notice to the defaulting party specifying the nature of the default. “Cause” shall include but not be limited to: (i) material breach of any provision of this Agreement; (ii) failure to make required payments when due; (iii) violation of applicable laws, regulations, or policies; (iv) repeated service failures; or (v) conduct that materially impairs the relationship between the parties. This Agreement shall not terminate if, within such thirty (30) day period, the defaulting party either (a) cures the default or (b) if the default cannot reasonably be cured within thirty (30) days, commences and diligently pursues actions that will cure the default. If the defaulting party fails to cure or commence and diligently pursue a cure within the thirty (30) day period, this Agreement shall automatically terminate without further notice. The defaulting party shall have no claim against the non - defaulting party for damages of any kind, including but not limited to direct, indirect, consequential, or incidental damages, arising from termination of this Agreement for cause, and hereby waives any such claims. c. Non-Appropriation of Funding. The continuation of this Agreement beyond the end of any City fiscal year is subject to both the appropriation and the availability of funds appropriated by the City Commission. d. The City reserves the right to cancel or reschedule the Provider's use of the Ballfield for special events or emergency situations with reasonable notice when possible. 10. LIABILITY AND INDEMNIFICATION EBBB shall indemnify, hold harmless, and defend City and all of City’s current, past, and future officers, agents, and employees (collectively, “Indemnified Party”) from and against any and all causes of action, demands, claims, losses, liabilities, and expenditures of any kind, including attorneys’ fees, court costs, and expenses, including through the 83 Page 14 of 23 EBBB Agreement 6/6/25 conclusion of any appellate proceedings, raised or asserted by any person or entity not a party to this Agreement, and caused or alleged to be caused, in whole or in part, by any breach of this Agreement by Provider, or any intentional, reckless, or neglig ent act or omission of Provider, its officers, employees, volunteers, or agents, arising from, relating to, or in connection with this Agreement (collectively, a “Claim”). If any Claim is brought against an Indemnified Party, Provider shall, upon written notice from City, defend each Indemnified Party with counsel satisfactory to City or, at City’s option, pay for an attorney selected by the City Attorney to defend the Indemnified Party. The obligations of this section shall survive the expiration or earlier termination of this Agreement. 11. COMPLIANCE WITH LAWS Provider agrees to comply with all laws of the United States, the State of Florida, and all local laws, including but not limited to the ordinances and regulations of the City, and all rules and requirements of the City Police and Fire Departments, and will obtain and pay for all necessary permits and licenses, and will not do, nor suffer to be done, anything on said premises during this Agreement in violation of any such laws, ordinances, rules or requirements. If the City notifies Provider of any violation or any person employed by or admitted to the said premises, the Provider will immediately desist from and correct the violation. 12. SIGNAGE AND ADVERTISING a. The Provider may display temporary signage while using the Galaxy Park Baseball Field, subject to City approval. b. The City must approve permanent signage or advertising in writing. 13. REMOVAL OF PERSONS City reserves the right, through its representatives, agents, and police, to eject any person or persons engaging in objectionable activities from the Ballfield, or violating any law or ordinance. Provider waives any right and all claims for damages against th e City upon the exercise of this authority. 14. EVACUATION OF GALAXY BALLFIELD City reserves the right to evacuate the Galaxy Ballfield during any activity in progress if it is deemed necessary for the safety of the general public, patrons, or guests. 15. ASSIGNMENT PROHIBITED Neither this Agreement nor any right or interest in it may be assigned, transferred, subcontracted, or encumbered by Provider without the prior written consent of City. Any assignment, transfer, encumbrance, or subcontract in violation of this section shal l be void and ineffective, constitute a breach of this Agreement, and permit the City to 84 Page 15 of 23 EBBB Agreement 6/6/25 immediately terminate this Agreement, in addition to any other remedies available to the City at law or in equity. City reserves the right to condition its approval of any assignment, transfer, encumbrance, or subcontract upon further due diligence and an additional fee paid to City to reasonably compensate it for the performance of any such due diligence. 16. NOTICE AND PAYMENT ADDRESS Unless otherwise stated herein, for notice to a Party to be effective under this Agreement, notice must be sent via U.S. first-class mail, hand delivery, or commercial overnight delivery, each with a contemporaneous copy via email, to the addresses listed below and shall be effective upon mailing or hand delivery (provided the contemporaneous email is also sent). Payments shall be made to the noticed address for City. Addresses may be changed by the applicable party giving notice of such a change in accordance with this section. Notice to City shall be addressed to: City Manager City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, Florida 33435 Payments to City shall be made: (i) through the City’s online payment portal, or (ii) if payment is mailed, payment should be addressed to: Director of Recreation and Parks City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 Notice to EBBB shall be addressed to: Jordan Hess, President 8884 Sandy Crest Boynton Beach, FL 33473 17. AGREEMENT BINDING; AMENDMENT All terms and conditions of this written Agreement shall be binding upon the parties, their heirs or representatives, and assigns, and cannot be varied or waived by any oral representations or promise of any agent or other person of the parties hereto, unless the same be in writing and mutually signed by the duly authorized agent or agents executing this Agreement. 85 Page 16 of 23 EBBB Agreement 6/6/25 18. REPRESENTATIONS AND WARRANTIES a. Representation of Authority. Provider represents and warrants that this Agreement constitutes the legal, valid, binding, and enforceable obligation of Provider, and that neither the execution nor performance of this Agreement constitutes a breach of any agreement Provider has with a ny third party or violates applicable law. Provider further represents and warrants that execution of this Agreement is within Provider’s legal powers, and each individual executing this Agreement on behalf of Provider is duly authorized by all necessary and appropriate action to do so on behalf of Provider and does so with full legal authority. b. Public Entity Crime Act. Provider 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. Provider 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 EBBB has been placed on the convicted vendor list. c. Discriminatory Vendor and Scrutinized Companies Lists; Countries of Concern. EBBB 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. Provider 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. Provider represents that it is, and for the duration of the term will remain, in compliance with Section 286.101, Florida Statutes. d. Verification of Employment Eligibility. Provider represents that each subcontractor has 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 Provider violates this section, the City may immediately terminate this Agreement for cause, and Provider shall be liable for all costs incurred by the City due to the termination. e. Warranty of Performance. Provider represents and warrants that it possesses the knowledge, skill, experience, and financial capability required to perform and provide all services and that each person and entity that will provide services is duly qualified to perform such services by all appropriate governmental authorities, where required, and is sufficiently experienced and skilled in the area(s) for which such person or entity will render services. Provider represents and warrants that the services shall be performed in a skillful and respectful manner and that the 86 Page 17 of 23 EBBB Agreement 6/6/25 quality of all services shall equal or exceed prevailing industry standards for the provision of such services. f. Entities of Foreign Concern. Provider represents and certifies: (i) EBBB 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 Provider; and (iii) Provider is not organized under the laws of and does not have its principal place of business in, a foreign country of concern. On or before the effective date of this Agreement, Provider and any subcontractor th at will have access to personal identifying information shall submit to the City executed affidavit(s) under penalty of perjury, in a form approved by the City attesting that the entity does not meet any of the criteria in Section 287.138(2), Florida Statu tes. 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. g. Anti-Human Trafficking. On or before the effective date of this Agreement, Provider shall provide City with an affidavit attesting that Provider does not use coercion for labor or services, in accordance with Section 787.06(13), Florida Statutes. h. Breach of Representations. Provider acknowledges that City is materially relying on the representations, warranties, and certifications of Provider’s stated in this article. City shall be entitled to exercise any or all of the following remedies if any such representation, warranty, or certification is untrue: (a) recovery of damages incurred; (b) termination of this Agreement without any further liability to City; and (c) debarment of Provider. 19. MISCELLANEOUS a. Independent Contractor. Provider is an independent contractor of the City, and nothing in this Agreement shall constitute or create a partnership, joint venture, or any other relationship between the parties. In providing services, neither Provider nor its agents shall act as officers, employees, or agents of the City. Provider shall not have the right to bind City to any obligation not expressly undertaken by City under this Agreement. b. Regulatory Capacity. Notwithstanding the fact that City is a municipal corporation with certain regulatory authority, City’s performance under this Agreement is as a party to this Agreement and not in its regulatory capacity. If the City exercises its regulatory authority, the exercise of such authority and the enforcement of applicable law shall have occurred pursuant to City’s regulatory authority as a governmental body separate and apart from this Agreement and shall not be attributable in any manner to City as a party to this Agreement. c. 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 87 Page 18 of 23 EBBB Agreement 6/6/25 construed as consent by City to be sued by third parties in any matter arising out of this Agreement. d. Conditional Use. Provider’s right to use the Ballfield is conditioned upon full compliance with all terms of this Agreement. Provided EBBB complies with the Agreement's terms, Provider will be permitted to utilize the Ballfield during dates and times authorized by the City pursuant to Section 4(d), subject to the terms of this Agreement, including, but not limited to, the field use priority provisions in Section 2(b) and field maintenance provisions in Section 2(f). The parties acknowledge and agree that the City retains sole discretion to restrict field access due to inclement weather, lightning, vandalism, emergencies, acts of God, hazardous conditions, or any circumstances that could potentially injure participants or damage of the Galaxy Ballfield, and the City shall have no liability for withholding access under these conditions. Provider understands and accepts that field usage is contingent upon these comprehensive conditions, with the City maintaining absolute discretionary power to protect participant safety and field integrity. e. Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth in this Agreement was bargained for at arm’s length and is agreed to by the parties. Each requirement, duty, and obligation set forth in this Agreement is substantial and important to the formation of this Agreement, and each is, therefore, a material term. City’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach shall not be deemed a waiver of any subsequent breach and shall not be construed as a modification of this Agreement. To be effective, any waiver must be in writing signed by an authorized signatory of the party granting the waiver. f. Severability. If any part of this Agreement is found unenforceable by any court of competent jurisdiction, that part shall be deemed severed from this Agreement, and the balance of this Agreement shall remain in full force and effect. g. Joint Preparation. This Agreement has been jointly prepared by the parties and shall not be construed more strictly against either party. h. Interpretation. The titles and headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement. All personal pronouns used in this Agreement shall include any other gender, and the sing ular shall include the plural, and vice versa, unless the context otherwise requires. Terms such as “herein” refer to this Agreement as a whole and not to any particular sentence, paragraph, or section where they appear, unless the context otherwise requires. Whenever reference is made to a section or article of this Agreement, such reference is to the section or article as a whole, including all subsections thereof, unless the reference is made to a particular subsection or subparagraph of such section or article. Any reference to “days” means calendar days unless otherwise expressly stated. Any reference 88 Page 19 of 23 EBBB Agreement 6/6/25 to approval by the City shall require approval in writing unless otherwise expressly stated. i. Priority of Provisions. If there is a conflict or inconsistency between any term, statement, requirement, or provision of any document or exhibit attached to, referenced by, or incorporated in this Agreement and any provision within an article or section of this Agreement, the article or section shall prevail and be given effect. j. Law, Jurisdiction, Venue, Waiver of Jury Trial. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. The exclusive venue for any lawsuit arising from, related to, or in connection with this Agreement shall be in the state courts of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida. If any claim arising from, related to, or in connection with this Agreement must be litigated in federal court, the exclusive venue for any such lawsuit shall be in the United States District Court or United States Bankruptcy Court for the Southern District of Florida. EACH PARTY HEREBY EXPRESSLY WAIVES ANY RIGHTS IT MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. k. Attorney’s Fees. In any action brought by either party to enforce the obligations of the other party, each party shall be solely responsible for its attorneys’ fees and costs, regardless of the outcome of the action or litigation. l. Amendments. Unless expressly authorized herein, no modification, amendment, or alteration of any portion of this Agreement is effective unless contained in a written document executed with the same or similar formality as this Agreement and by duly authorized representatives of City and Provider. m. Prior Agreements. This Agreement represents the final and complete understanding of the parties regarding the subject matter of this Agreement and supersedes all prior and contemporaneous negotiations and discussions regarding same. All commitments, agreements, and understandings of the Parties concerning the subject matter of this Agreement are contained herein. n. Counterparts and Multiple Originals. This Agreement may be executed in multiple originals and may be executed in counterparts, whether signed physically or electronically, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. o. Third-Party Beneficiaries. Neither Provider nor City intends to benefit a third party primarily or directly by this Agreement. Therefore, the parties acknowledge that there are no third-party beneficiaries to this Agreement and that no third party shall be entitled to assert a right or claim against either of them based upon this Agreement. 89 Page 20 of 23 EBBB Agreement 6/6/25 p. Non-Exclusive. This Agreement is a non-exclusive agreement between the parties. The City has the right to allow other providers to provide the same kind of services at the Galaxy Ballfield during the term of this Agreement. q. Public Records. Provider shall comply with the applicable provisions of Chapter 119, Florida Statutes. Specifically, Provider shall: i. Keep and maintain public records required by the City to perform the services; ii. Upon request from the City’s custodian of public records, provide the City with a copy of requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law; iii. 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 if Provider does not transfer the records to the City; and iv. Upon completion of the contract, transfer, at no cost to the City, all public records in possession of Provider or keep and maintain public records required by the City to perform the service. If Provider transfers all public records to the City upon completion of the contract, Provider shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Provider keeps and maintains public records upon completion of the contract, Provider shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City’s custodian of public records in a format compatible with the City's information technology systems. v. The failure of Provider to comply with the provisions outlined in this Article shall constitute a default and breach of the Agreement, for which the City may immediately terminate the Agreement without a cure period. Failure to comply with said statutory requirements may subject Provider to penalties under Section 119.10, Florida Statutes, as amended. IF EBBB HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO EBBB’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT CITY CLERK, PO BOX 310, BOYNTON BEACH, FLORIDA, 33425, 561 - 742-6061, CITYCLERK@BBFL.US. 90 91 92 93 94 City of Boynton Beach Agenda Item Request Form 6.E Consent Agenda 08/19/2025 Meeting Date: 08/19/2025 FY 24-25 Third Quarter Schoolhouse Children's Museum Report to Commission. Requested Action: Accept FY24-25 third quarter report on operations of the Schoolhouse Children's Museum. Explanation of Request: Per the City's Management Agreement with the Schoolhouse Children's Museum (Boynton Cultural Centre, Inc.) the Executive Director shall submit a quarterly report to the City Commission on all of its activities, revenues and expenditures at a regularly scheduled Commission meeting. How will this affect city programs or services? N/A Account Line Item and Description: N/A Fiscal Impact: There's no fiscal impact to the budget for this item. Attachments: Report Q3 FY 24-25.pdf 95 Quarterly Report FY ‘24/’25 3nd Quarter General Operations The third quarter showed a 15.17% decrease in admissions revenue compared to the same period last year. Group visits were also down by 5.71%, program income decreased by 26.46%, and membership dues dropped by 5.86%. A key factor contributing to admissions revenue decline was the museum’s two-week closure for AC repairs. Revenue Excluding City support, gross revenue for Q3 dropped slightly from $174,996 in Q3 FY ‘23/’24 to $168,334.64 in Q3 FY ‘24/’25 representing a 3.81% decrease. This dip is can be attributed to the temporary closure for facility repairs and a reduction in state funding. Expenses Overall expenses increased by 3.90% compared to the same period last year. Total Q3 expenses for FY ‘24/’25 were $180,288.01, up from $173,514.00 in FY ‘23/’24. The increase is primarily due to rising costs for contracted services and staff salaries. Programming Although programming income dipped in April during the museum’s closure, attendance remained strong in May and jumped 21.73% in June compared to the same month last year. Once classes resumed, we saw excellent participation, underscoring ongoing community interest. We’re especially excited about the success of our new summer series offerings that started in June, including programs for older children. These were very well attended, and we’ve received fantastic feedback about our efforts to include a wider age range in our programming. Respectfully submitted, Miriam Naranjo Executive Director 96 City of Boynton Beach Agenda Item Request Form 6.F Consent Agenda 08/19/2025 Meeting Date: 08/19/2025 Commission Meeting Minutes. Requested Action: Approve minutes from the July 7, 2025 Budget Workshop and July 15, 2025 City Commission Meeting. Explanation of Request: The City Commission met on July 7, 2025 and July 15, 2025 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. Account Line Item and Description: N/A Fiscal Impact: There is no fiscal impact to the budget from this item. Attachments: July 7, 2025 Budget Workshop and Meeting Minutes.docx July 15, 2025 City Commission Minutes.docx 97 City Commission Meeting Boynton Beach, FL July 7, 2025 Present: Mayor Rebecca Shelton Daniel Dugger, City Manager Vice Mayor Woodrow L. Hay Shawna Lamb, City Attorney Commissioner Angela Cruz Maylee De Jesús, City Clerk Commissioner Thomas Turkin Commissioner Aimee Kelley 1. Agenda Items A. Call to Order – Mayor Shelton called the meeting to order at 9:03 A.M. Roll Call City Clerk Maylee De Jesús called the roll. Invocation by Vice Mayor Woodrow Hay. The invocation was given by Vice Mayor Hay Pledge of Allegiance to the Flag led by Mayor Shelton. The Pledge of Allegiance was led by Mayor Shelton. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Kelley asked if we wanted to make sure that we allow time for public comment on each of the days of the budget hearing. 2. Adoption Motion: Commissioner Turkin moved to approve the agenda, as amended. Commissioner Kelley seconded the motion. The motion passed unanimously. 2. Administrative A. Discuss changing September 2nd Commission Meeting/First Budget Hearing date. Andrew Mack, Deputy City Manager, spoke about the TRIM requirements, and they recommended September 3, 2025. City Manager Dugger mentioned different date options. Commissioner Kelley asked if it could be before the 9th. 98 City Commission Meeting Boynton Beach, FL July 7, 2025 Anthony Davidson, Deputy Finance Director, stated that the budget hearings have to occur between the 3rd and the 18th of September, and mentioned advertisement requirements. There was discussion regarding different options for the meeting. City Manager Dugger stated that they will get more options for the Commission. 3. Budget Workshop A. Budget Overview City Manager Dugger stated that we had a projected $385 Million budget for this year. He spoke about the items that were pushed from last fiscal year , and about the reduction in costs for the ALS Transportation. He stated that we started with a $2 million budget deficit, and we were awarded a $2.5 million settlement, and said that over all there will be $1 million delta. He commented that the City is moving in the right direction. He highlighted the following: increases in the Commission budget, adding Commission Aides; utility rate increase, due to aging infrastructure; increase in events budget; additional personnel in different departments; and requesting 100% funding from the CRA. Commissioner Turkin stated that he thinks it’s good practice to have a joint workshop with the CRA, where everyone is at the table. Attorney Lamb stated that they would just have to make a motion to add it as a discussion item. Commissioner Turkin motioned to add the item now to discuss it. Vice Mayor Hay stated that he supports this, but he would like to make sure that people commit to showing up to the meetings, so that we can have a quorum. Commissioner Turkin stated that we should have this meeting to be able to really implement our strategic plan. He stated that he would like to have it coordinated, and would like to have this move forward. Commissioner Kelley stated that she would like to ask if staff or the City Manager can discuss the need and plan for the additional personnel that they would like the CRA to fund. Attorney Lamb stated that this is already on the CRA agenda, and she sugges ted having a discussion with CRA Attorney Rossmell ahead of time, in regards to this. Commissioner Kelley stated that she would like to have this discussion with the CRA, so that the overlap is discussed with both parties. She asked for someone to reach out today, to make sure that the personnel costs will be able to happen, so that everyone is on the same page. City Manager Dugger stated that he can make sure that every director that will have a need for the additional personnel, will be attending the CRA meeting tomorrow. He spoke 99 City Commission Meeting Boynton Beach, FL July 7, 2025 about the cuts to services, if we do not have the CRA help with the funding. Commissioner Turkin stated that he has had discussions with other departments, like with Parks, and there is an overlap with the CRA, and we should have that discussion with both parties. Revenues & Expenses Fund Balance Personnel Changes Fire Assessment Rate Property Millage Rate Alan Lawson, Finance Director, introduced himself and stated that he will be doing the budget overview. He mentioned that if there is a rollback on millage, there will be an impact to the budget. He discussed the agenda for the day and stated that he will hand this off to Fabio Baca, Budget Manager, and Anthony Davidson, Deputy Finance Director, to discuss the budget. Mr. Baca spoke about the following: FY 2025-26 1st Public Budget Workshop (Special Meeting), and FY 2025-26 Budget Hearing/Adoption Schedule; purpose of budget workshop; budget workshop-general fund; and revenue highlights. Commissioner Turkin asked if the Police contract with the CRA is what is being asked from the CRA to fund. Mr. Baca responded yes. Vice Mayor Hay asked how much projected funds will be coming from the property taxes. Mr. Baca responded that $62.1 million is projected. He continued his presentation and spoke about the budget workshop general fund expenditure highlights . City Manager Dugger stated that the assumption rates of the departments were kept around 6.8%. Commissioner Kelley asked about health insurance and if we shop around every year. She asked if we are currently in a contract to stay with the current broker or if we are shopping around. City Manager Dugger stated that he would get with Lynn Nazario, HR Director, and Andrew Rozwadowski, to see if we are locked in or not. He mentioned that there are currently more options for insurance plan than there have been, and an increase in service at the clinic as well. Mr. Baca highlighted the variances for the retirement plans. Mr. Davidson stated that there is a reduction in the health insurance fund. Mr. Baca continued his presentation: general fund balance update; he mentioned that the millage rate was decreased; general fund FTE count with other funds; budgeted FY 25/26 100 City Commission Meeting Boynton Beach, FL July 7, 2025 COLA; and personnel adjustments. Commissioner Turkin asked why we are looking to add 2 Sergeants instead of 2 new Police Officers. Assistant City Manager Temple mentioned the reason why they are looking for the extra leadership, instead of more Officers. Commissioner Turkin stated that he prefers more boots on the ground than administrative, because there is more impact when you have more reach. There was discussion regarding the additional personnel. Chief DeGiulio stated that we added more Officers, but not enough supervisors. There was discussion regarding supervisors that oversee a specific number of Officers; boots on the ground; splitting a role, to have boots on the ground; CRA Sergeant to be boots on the ground; and that this will be an operational Sergeant and not administrative. Mayor Shelton asked about the Community Standards specialist and if they will only be within the CRA District. Assistant City Manager Temple responded that yes they will stay within the CRA, and spoke about being able to help with future CRA District improvement programs. Mr. Baca spoke about the general fund’s two-year comparison of department budgets. Commissioner Turkin mentioned the 3 new Commission Aides, and we have budgeted for 2 more, and said that we should reassess to see if we need the additional personnel. Commissioner Kelley stated that she agrees, and she is happy to have people helping, but we should see if they need additional personnel. Mr. Davidson asked for clarification if they are removing the additional 2 positions. There was consensus on removing the 2 positions. Vice Mayor Hay asked about the Town Square Project. There was discussion regarding the payment from the Town Square settlement. Mr. Baca spoke about the following: general fund- two year comparison of department budgets; all funds appropriation summary; and millage rate update. Vice Mayor Hay asked if we have a long-term plan of maintaining, increasing, or decreasing the millage rate over time. 101 Minutes of the City Commission Budget Workshop and Meeting Held Online Via the GoToWebinar Platform and In-Person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Monday, July 7, 2025, at 6:00 P.M. City Manager Dugger spoke about millage rates and his long-term vision, where he would like to see them lowered to between 4-5%, and that this will help grow the City. Commissioner Turkin stated that having a long-term plan is great, but anything can happen. He said that we need to manage this year by year. City Manager Dugger mentioned that the ad-valorem value is something he wants them to look at annually. Mayor Shelton stated that all of this goes back to growing our City and the rebranding of our City. 4. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair, this 3-minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Steven Grant stated that he started with the City in 2013, to reduce expenses and increase revenues. He stated that the City could do other things to increase revenues, like charging $100 to request public records. He spoke about the code reduction process. He mentioned getting quarterly crime statistics; charter review committee; and Al. Commissioner Turkin clarified that there will be a Charter Review Committee discussion at the next meeting. B. Department Budget Presentations 1. Police Department Chief DeGiulio spoke about the following: proposed budget; highlighted changes; successes and challenges; and lowered crime rates in the City. Commissioner Turkin stated that the Police has done a great job with Safety within the City and neighborhoods. Mayor Shelton spoke about the ordinances being changed to help with safety initiatives. Chief DeGiulio stated that they try to create a deterrent, and strong convictions, so that people do not want to come back here and commit more crimes. He spoke about other successes, including grants that they are getting from the State; CIT training; and challenges. 102 City Commission Meeting Boynton Beach, FL July 7, 2025 Vice Mayor Hay asked if the Chief could prioritize, what would be the major thing they need. Chief DeGiulio said that the main one is a training facility. He continued his presentation and spoke about initiatives. He spoke about the recruiting budget including bonuses and incentives. Commissioner Kelley stated that it would be easier to have just one budget, and mentioned that when they are looking at multiple budgets, it’s harder to tighten the budget. Chief DeGiulio stated that they have spoken about consolidating back into one budget. Deputy City Manager Mack spoke about simplifying the budget in the future. Commissioner Kelley asked where in traffic are the crossing guards. Chief DeGiulio mentioned that they in the 103 account. Commissioner Kelley asked what is the current staffing for the crossing guards and their plan. Chief DeGiulio spoke about needing more crossing guards, and offering different incentives to get more guards. Commissioner Kelley stated that retention is usually more difficult, and she would like to make sure that we do what we can to keep them, including bonuses or a thank you reception at the end of the school year, etc. She asked if we are being realistic on a reduction of overtime. Chief DeGiulio spoke about City events being the main reason why there is a lot of overtime, and mentioned that they have a few people in training as well. He said that he would like to believe that this will work. 2. Fire Department Fire Chief Bruder spoke about the following regarding the proposed budget. Commissioner Kelley stated that she would love to get a spreadsheet on their vehicles and the service expectations. Fire Chief Bruder continued as follows: FY 2024/2025 Accomplishments; and FY25/26 Goals. Commissioner Kelley asked if we can get a presentation before we break ground on the Marine Complex. Assistant City Manager Temple stated that any project that takes place on City land will have to go through the City Commission. 103 City Commission Meeting Boynton Beach, FL July 7, 2025 Fire Chief Bruder spoke about what other items the Fire Assessment money will be going to; FY 25/26 Goals continued; and grant funding. Commissioner Kelley asked about the new scheduling that Boynton Fire went to, and if we are seeing a reduction in overtime. Fire Chief Bruder stated that it has been a wildfire of different municipalities asking how they were able to shift to this new schedule. He stated that the support of this body and staff is the first reason why it's working. He mentioned that there's always going to be overtime, but they are seeing overtime related to FMLA, maternity/paternity leave, and sick time. He stated that he thinks the overtime will be systemic over time, but if we hire about one more person per shift, we might see a reduction in the overtime. Vice Mayor Hay asked about the Community Paramedics Program. Fire Chief Bruder spoke about the benefits of the program to the community. Vice Mayor Hay asked if this program would be supported by insurance companies. Fire Chief Bruder mentioned that there have been some problems with insurance companies, and it is a great program to the community. Assistant City Manager Temple stated that we are currently wrapping up a contract with the Town of Hypoluxo and we will likely bring a contract with the Town soo n. 3. Recreation & Cultural Services Department  (including Art & Culture, Events, Golf, Library, Recreation, and Parking) 4) Craig Clark, Recreation and Cultural Services Director, spoke about the following: increase in salary and supplies for the department; successes; proposed budget; successes, continued; challenges; and initiatives. Mayor Shelton asked about the infrastructure for the tennis courts. Mr. Clark said that we are working on outsourcing the tennis court services. He said that we have a newer system for the tennis courts. Fabien Desrouleaux, Recreation and Cultural Services Assistant Director, stated that in the short term they are leveraging the system that they have and going digitally, until they finish with the RFP for the services. He mentioned that there were other facility upgrades and their GIP Program. He stated that an example is that with a new irrigation system in place, they will not need to close the courts, resulting in more revenue. Mr. Clark stated that there are grants they can apply for, an d they will be doing that, to help with the underground irrigation. 104 City Commission Meeting Boynton Beach, FL July 7, 2025 Vice Mayor Hay asked if the library funding is keeping pace with the population growth. Mr. Clark stated that the library is well funded and Jeannie Taylor has kept up with the demands for that. Jeannie Taylor, Library Director, spoke about the library as follows: proposed budget; highlighted changes; successes; challenges; initiatives; and questions. Commissioner Kelley asked what does the library need, in order to assist in staffing challenges. Ms. Taylor stated that she asked for 1.5 full-time positions, because she has a part-timer that she would like to make full-time. She spoke about a job that 5 of her staff members are splitting currently. Vice Mayor Hay asked if they would consider a mobile Library or remote branches. Ms. Taylor said that they would love to expand and have a mobile library. Mayor Shelton asked about the different options that they offer, if it has decreased how many people come in, since there's so many things on the internet. Ms. Taylor spoke about the different items that the Library offers, that residents come in for. City Manager Dugger stated that most of the departments have smaller budgets and aren't going to present, but they can, if the Commission would like to. Vice Mayor Hay asked if there is a budget for safety in the library. Ms. Taylor said that they have not had issues with security. Mr. Clark spoke about the increase in the Schoolhouse budget. Commissioner Kelley asked if we are anticipating additional shoring up work that needs to happen. Miriam Naranjo, Schoolhouse Children’s Museum Executive Director, spoke about the work that will be done on the Schoolhouse. She mentioned that there will be closures for the schoolhouse while they are getting work done in the building for shoring and when they replace the elevator. She said that they are thankful for the continued support. Commissioner Kelley asked if this building will continue to be HVAC Deputy City Manager Mack said yes. Mayor Shelton asked how fundraising works for the schoolhouse. 105 City Commission Meeting Boynton Beach, FL July 7, 2025 Ms. Naranjo mentioned how they fundraise for the schoolhouse. She said that they do not use City funds for fund raising events. Mayor Shelton asked about the donors and if they are increasing or decreasing. Ms. Naranjo spoke about the major donors being consistent, and the smaller donors are falling off a bit. Commissioner Kelley asked what they are doing to capture some of the donors of new families that come into the area. Ms. Naranjo stated that they are doing different events that will connect more with the community and increasing their museum family fun day. Mayor Shelton asked about tapping into funding with different entities. Ms. Naranjo spoke about continuing funding with other municipalities, schools, and other companies, which will all help increase awareness of the schoolhouse. Mr. Clark stated that they just created a new strategic plan for the next few years, which they never had before, and there is a fundraising committee that will help to come up with ideas to get more funds. Commissioner Kelley spoke partnering with different companies, to get extra advertising out to the community, and expand our resources. Vice Mayor Hay stated that he would like to see an increase in community engagement, and that they maybe could look at the local churches, and it is a matter of educating and exposing other groups to the museum. Mayor Shelton recessed at 12:02 P.M., for lunch. Motion: Commissioner Kelley moved to enter recess at 12:02PM. Vice Mayor Hay seconded the motion. The motion passed unanimously. Motion: Commissioner Turkin moved to reconvene at 12:55 PM. Commissioner Kelley seconded the motion. The motion passed unanimously. Kelly Armstead, Arts and Culture Division Director, spoke about the Arts and Cultural Center as follows: proposed budget; quick highlights; successes and challenges; initiatives; and questions. Commissioner Kelley thanked Ms. Armstead for her presentation, and she said that she is looking forward to the upcoming events. Gabrielle Favitta, Events Division Director, spoke about Special Events as follows: 106 City Commission Meeting Boynton Beach, FL July 7, 2025 proposed budget; significant changes; successes; successes continued; challenges; initiatives. Commissioner Kelley asked where they see this budget shifting, when there is more construction downtown. Ms. Favitta spoke about increasing the notoriety of the City Events, and getting the City on the map, and she mentioned getting increased sponsorship because people want to come to our events. Mayor Shelton asked if the people attending are mostly from outside of Boynt on, and whether we are bringing revenue to other municipalities, since we don't have hotels. Ms. Favitta responded yes, they are mainly from outside of the City. She mentioned that there are not a lot of tourism based events, except for Pirate Fest. She mentioned that the vendors do stay locally. She spoke about the events eventually looking different, as the buildings in the Town Square go up. Vice Mayor Hay commented that it was "off the chain" and asked what the dollar amount increase was. Ms. Favitta responded that ticket sales went from $4K to $50K. She mentioned changes in the future, because of feedback from people who attended. Vice Mayor Hay mentioned that there was a lot of positive feedback. Mayor Shelton asked to have this event during one of the cooler months. Ms. Favitta stated that there is no "season" because there is a lot going on. She spoke about doing some sort of stipend for the restaurants, for the future Taste of Boynton Events. Vice Mayor Hay asked about the cost of the 4th of July. Ms. Favitta spoke about sponsorship, budgeting for vendors, and other expenses. There was discussion regarding vendors for the 4th of July; first Friday events; featuring our local schools; bringing back movie nights; and the practice of consolidating with first Friday. Bo Preston, Golf Course Division Director, spoke about the Golf Course as follows: proposed budget; highlighted changes; successes, challenges, and initiatives; and CIP Projects. Mr. Lawson spoke about spending some money to attract more people and events, and grow the revenue for the Golf Course. 107 City Commission Meeting Boynton Beach, FL July 7, 2025 Mr. Preston spoke about the increase in rounds sold last year and their goal for the next year. Commissioner Kelley asked if there are any partnership opportunities for the enhancements to the golf course. Mr. Preston stated that the academy would be a great sponsorship opportunity. Mr. Clark stated that the renovation of the clubhouse would cost about $7 Million dollars, and then the extra three holes would be in addition to that. Commissioner Turkin spoke about Mr. Preston being nominated for the PGA Hope Award. He encouraged everyone to go to the golf course. He mentioned that this will develop into a huge asset for the community. Commissioner Kelley spoke about how far the Golf Course has come from a few years ago, and the importance of sponsorship opportunities. Marvelous Washington, Recreation and Parks Division Director, spoke about the Recreation and Parks as follows: proposed budget; and highlighted changes. Mr. Desrouleaux spoke about the successes and challenges. Ms. Washington spoke about initiatives. 4. Public Works Department (including PW Admin, Facilities, Parks & Grounds, Construction Services, Beautification & Streets, Fleet, Cemetery/Mausoleum) Kevin Ramsey, Public Works Director, spoke about Public Works as follows: general fund; general fund- proposed budget; highlighted changes; and construction services successes and challenges. Commissioner Turkin asked if we reassessed the roads on Chapel Hill. Mr. Ramsey responded yes. He continued his presentation as follows: construction services successes and challenges; Construction Services initiatives; facilities and infrastructure maintenance successes and challenges; facilities and infrastructure maintenance initiatives; Parks and Grounds successes and challenges; Parks and Grounds Initiatives; Beautification and Streets successes and challenges; Beautification and Streets initiatives; fleet maintenance proposed budge t (internal service fund); fleet maintenance highlighted changes; fleet maintenance successes and challenges; fleet maintenance initiatives; Memorial Park- cemetery/mausoleum; and Memorial Park- cemetery/mausoleum successes, challenges, and initiatives. Commissioner Turkin stated that he thinks that there will be a way for multiple departments to work together on different initiatives. 108 City Commission Meeting Boynton Beach, FL July 7, 2025 Vice Mayor Hay asked how the streets are prioritized for resurfacing. Mr. Ramsey spoke about when the streets were graded, and how the process was. He mentioned that they fix the worst streets first. Commissioner Kelley asked, in regards to the Beautification Team, how are they checking locations, and how they are looking at concerns and issues and how they are prioritized. Mr. Ramsey spoke himself and the Beautification Team driving around the major streets in the City, to see if there are any issues. 5. Community Standards Department Candice Stone spoke about the following: proposed budget (revenues); proposed budget (expenditures); major highlighted changes; challenges; successes; and initiatives. There was discussion about different hours of operation for staff, and have them staggered. Mayor Shelton stated that there could be flyers or door hangers, in order to get information out to the residents. Ms. Stone continued to speak about initiatives. Commissioner Turkin spoke about interdepartmental collaboration. Mayor Shelton spoke about repeat offenders in the City right across from City Hall. She mentioned that bulk trash pickup days should be on Friday across the City. Commissioner Turkin said that he does not mind giving this department what they need, but everyone needs to work together. Vice Mayor Hay stated that this is not a District problem, it is a Citywide problem. He said that all of Boynton needs make the entire City as best as possible. Mayor Shelton stated that she would like to make sure that the repeat offenders get fined, so that they can stop causing issues. She mentioned ordinances needing to be changed, to be able to crack down on violators. Ms. Stone spoke about increasing the fees, which will come before the Commission soon. Assistant City Manager Temple spoke about rebranding and changing the "Community Standards" department name, because some people don't know that it is Code Enforcement. City Manager Dugger spoke about the historical name of "Community Standards" and said that he would like to change it back to "Code Enforcement." 109 City Commission Meeting Boynton Beach, FL July 7, 2025 Attorney Lamb stated that there will be an Ordinance change for the name change. Mr. Temple spoke about revamping Code Enforcement. Attorney Lamb spoke about Chronic Nuisance and Nuisance Abatements. She mentioned that implementation takes time, and Special Magistrate Orders. Commissioner Kelley asked how this affects our manpower. There was discussion regarding Nuisances and the processes, and ordinance changes that are needed. City Manager Dugger spoke about feeling safe walking out of your house. 6. Other Departments "as requested" C. Capital Improvement Fund 302 Fund (General) 303 Fund (Surtax) Rick Hoffer, Assistant Director of Public Works, spoke about the following: Agenda - 302 fund; source of funding; proposed budget for 302 fund; general governmental projects for 302 fund; general government highlighted projects for 302 fund; recreation and parks project for 302 fund; recreation and parks highlighted projects for 302 fund; public saf ety projects for 302 fund; public safety highlighted projects for 302 fund; information technology projects for 302 fund; transportation projects for 302 fund; proposed budget for 303 fund- surtax; general governmental highlighted projects for 303 fund; Re creation and Parks highlighted projects for 303 fund; public safety highlighted projects for 303 fund; and transportation projects for 303 fund. Commissioner Turkin asked for further explanation of the robot. Mr. Hoffer mentioned different things that the robot can do. There was discussion in regards to the following: robot, and the benefits of the robot; the drones and the maintenance of them; budgeting for things that need to be maintained; 302 GIP budget build out for the Police Department; having to build out for additional personnel in different new buildings; and planning and forecasting for the future. Vice Mayor Hay asked if Fund 303 is on budget and on time. Mr. Hoffer stated that most are on schedule and in budget. D. Solid Waste Fund Operating Solid Waste Rate Study Presentation by Ryan Smith from Ryper Water Analytics 110 City Commission Meeting Boynton Beach, FL July 7, 2025 Annalie Holmes, Deputy Director of Public Works, spoke about the following: solid waste proposed budget; highlighted changes; challenges; successes; and initiatives. Ryan Smith, Ryper Water Analytics, spoke about the Solid Waste Rate Study as follows: study purpose; goals- financial forecast; financial forecast (revenues vs expenses); recommendations; inflation vs historical rate adjustments; and questions. Vice Mayor Hay asked if we are operating at a surplus, break even, or deficit. Mr. Smith stated that their goal is to meet the needs of the community, not to have a surplus or a deficit. He stated that they would like to build out their reserve, to prepare for a major catastrophe. Mayor Shelton asked about changing bulk day, and if it is this department. Ms. Holmes stated that yes it is, and that they are looking into changing it to one day a week. Mayor Shelton asked what the obstacles are to get it done. Ms. Holmes mentioned that staffing and vehicle availability are some of the obstacles. There was discussion regarding trash days, and complaints in regards to the trash pickup; Forest Park being a problem; prioritize certain areas pretty quickly; and generate revenue from recyclable materials. E. Utility Fund Operating Capital Improvements Utilities Rate Study Presentation by Ryan Smith from Ryper Water Analytics Dr. Poonam Kalkat spoke about Utilities as follows: utilities proposed budget; utilities proposed budget- primary increase drivers; proposed budget; successes-operational; initiatives- operational; initiatives- sustainability and resilience; challenges; and FY 25/26 capital improvement program. Keith Webber spoke about the following: neighborhood projects - include water, wastewater and stormwater infrastructure; neighborhood multiyear projects - include water, wastewater and stormwater infrastructure; Coquina Cove drainage improvements; water supply and treatment projects; east water treatment plant; wastewater collection system improvement projects; stormwater and drainage improvement projects; and Chapel Hill neighborhood Drainage project. Dr. Kalkat spoke about the studies and master planning. Vice Mayor Hay asked if there is a dedicated reserve for Utilities. 111 City Commission Meeting Boynton Beach, FL July 7, 2025 Dr. Kalkat stated that Utilities does have a reserve, which is used for any kind of emergencies, some are restricted, and some are unrestricted. Mr. Smith spoke about the following regarding the Financial Forecast and Rate Recommendations for Utilities as follows: Event with recent adjustments, our rates remain among the lowest in the region; historically, our rate adjustments have not kept pace with inflation; knowing where we stand financially today helps us plan smart for tomorrow; capital costs have risen significantly due to inflation, supply chain disruptions, labor shortages, and higher material prices; examples of areas we are focusing on in our capital improvement plans; we are working on replacing our west water treatment plans membranes; to meet its challenges, the city should strive to achieve its financial goals; capital improvement program- appropriations basis; funding plan- capital improvement program; with a challenging road ahead, we're proactively planning to fund critical infrastructure, manage short-term obligations, without compromising our level of service; we're asking for the Commission's support to responsibly raise rates and secure financing to ensure reliable utility services; even with rate adjustments, our rates can remain competitive for years to come; and questions. There was discussion regarding a comparison against all other rates in the area; imp act of millage rate against utilities, which is none; rate adjustments and the impacts against the infrastructure in the City; not being able to fund the utilities, and the ramifications of it; taking care of infrastructure now and not later; and collateral to secure the bonds. F. Other Funds (SHIP, CDBG, ETC.)  Other Funds "as requested" 4. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair, this 3-minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Susan Oyer stated that she sent an email in regards to the Budget, and she suggested moving the meetings to nights. She said that she supports a utilit y increase, and that we should have started taking care of this years ago. She spoke about the budget being out of control. Tom Warneke suggested changing the process for the budget as follows: adding an item in regards to including transitioning to electric vehicles; Historic Preservation Planner to be budgeted for; having public art on the inside of City projects; capital improvement project fund, would like the Nichols Forest have a sign; recreation as public use; more staff for community standards; and change the bulk day on Seacrest. Vice Mayor Hay stated that we did get more participation in the evening, and we will see what happens then. 112 City Commission Meeting Boynton Beach, FL July 7, 2025 There was discussion regarding the Resolutions and finishing tonight. 5. Other A. Proposed Resolution No. R25-158- A Resolution of the City of Boynton Beach, Florida, adopting a Proposed Municipal Millage Rate for General Operating Budget purposes for Fiscal Year 2025-2026, stating a rolled-back rate, and setting the date, time and place of the first public hearing; providing for an effective date. Mr. Davidson spoke about the millage rate, what the impact would be a reduction of .0200% and .0500%. Deputy City Manager Mack stated that we cannot increase it today, but we could keep it the same or lower it today. Commissioner Turkin stated that he would like to lower it to 7.75 millage rate. Commissioner Kelley stated that when we looked at it last year, we were closer to breaking even. Vice Mayor Hay stated that we could always lower it later. Mr. Davidson spoke about the millage rates for the last 10 years. Vice Mayor Hay asked about 7.79 and the impact. He said that if we went to 7.75, he doesn't know if we could continue to lower it in a few years. Attorney Lamb stated that this is preliminary, and we have to get the first date of the hearing as soon as possible. Mayor Shelton suggested that we leave it the same for now and possibly lower it later. Motion: Commissioner Kelley moved to approve the Resolution No. R25-158. Vice Mayor Hay seconded the motion. The motion passed unanimously. B. Proposed Resolution No. R25-159- A Resolution of the City Commission of the City of Boynton Beach, Florida, relating to the provision of Fire Rescue Services, Facilities, and Programs in the City of Boynton Beach, Florida; describing the method of assessing Fire Rescue assessed costs against assessed property located within the City of Boynton Beach; directing the preparation of an assessment roll; authorizing a public hearing and directing the provision of notice thereof; and providing an effective date. Mr. Davidson stated that no changes have been proposed. 113 City Commission Meeting Boynton Beach, FL July 7, 2025 Motion: Commissioner Kelley moved to approve the Resolution No. R25-159 Vice Mayor Hay seconded the motion. The motion passed unanimously. C. Proposed Resolution No. R25-160- Adopt a preliminary canal maintenance assessment rate for FY 25-26 per Budget Workshop discussion on July 7, 9 and 10, 2025. Pursuant to the provisions of Ordinance No. 21-011, Sections 166.021 and 166.041, Florida Statutes, and other applicable provisions of law. Mr. Davidson stated that no changes have been proposed. Motion: Vice Mayor Hay moved to approve the Resolution No. R25-160 Commissioner Kelley seconded the motion. The motion passed unanimously. 6. Adjournment Deputy City Manager Mack spoke about the dates that would work for staff, and if we want to move the entire meeting or just the budget portion. There was consensus of September 8th at 6 P.M. for just the budget hearing. Motion Commissioner Turkin moved to Adjourn. Commissioner Kelley seconded the motion. The motion passed unanimously. With no further business to discuss, the meeting is adjourned at 5:37 P.M. CITY OF BOYNTON BEACH ATTEST: Maylee De Jesús, MPA, MMC City Clerk 114 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, July 15, 2025, at 6:00 P.M. Present: Mayor Rebecca Shelton Daniel Dugger, City Manager Vice Mayor Woodrow L. Hay Shawna Lamb, City Attorney Commissioner Angela Cruz Tammy Stanzione, Deputy City Clerk Commissioner Thomas Turkin Assistant City Manager Adam Temple Commissioner Aimee Kelley 1. Agenda Items A. Call to Order Mayor Shelton called the meeting to order at 6:00 P.M. Roll Call Deputy City Clerk Tammy Stanzione called the roll. Invocation by Pastor Nate Santos, Living Waters Church The invocation was given by Vice Mayor Hay in absence of Pastor Santos. Pledge of Allegiance to the Flag led by Vice Mayor Hay The Pledge of Allegiance was led by Vice Mayor Hay. Agenda Approval: 1. Additions, Deletions, Corrections City Attorney Shawna Lamb advised that there had been some confusion about 8B, but it had been noticed, that is why it was on the agenda. She asked that the Commission clarify if the item would be heard at this time, as Commissioner Turkin had expressed that there were things he wanted addressed before the item was heard. Commissioner Turkin stated he had wanted to speak with staff but that did not happen until the last minute. He asked for clarification on the appropriate procedure . City Attorney Lamb explained the appropriate motions. Motion: Commissioner Turkin moved to hear Item 8B to follow Item 3B. Vice Mayor Hay seconded the motion. The motion passed unanimously. 115 City Commission Meeting Boynton Beach, FL July 15, 2025 2 2. Adoption Motion: Commissioner Kelley moved to approve the agenda as amended. Commissioner Cruz seconded the motion. The motion passed unanimously. 2. Other A. Informational items by the Members of the City Commission. Commissioner Turkin stated East Boynton Little League was on the way to Stat e and encouraged residents to cheer on the 12U team. 3. Announcements, Community and Special Events and Presentations A. Career Online High School Graduate – Certificate of Achievement Library Director Jeannie Taylor recognized Juana Pedro for successfully earning a high school diploma from Smart Horizons through the Library’s Career Online High School Program. She shared that Ms. Pedro had also received a career certificate in Office Management. The program is open to residents 19 and older who live in the City and have a library card. B. Comprehensive Plan Kickoff Presentation Amanda Radigan, Planning and Development Director, shared that the overhaul of the City’s Comprehensive Plan has been a priority of the Strategic Plan this year and described the Request for Proposals (RFP) process which had led to securing Chen, Moore, and Associates to partner with the City in the effort. She introduced Nilsa Zacarias, Director of Planning, Chen, Moore, and Associates to make a presentation. She noted that the presentation would include a proposal for engagement as the consultant and staff begin outreach work. Ms. Zacarias, joined by Osniel Leon, Principal Planner and Project Manager, made a presentation which included: an overview of the company and team, experience, what is the comprehensive plan and why it is important, Florida Statutes, project scope, public outreach goals and objectives, community input plan, and steps in the process. Commissioner Kelley commented that in the past, despite multiple forms of outreach on similar projects in the past, engagement was low. She asked if there were strategies to encourage participation or to adjust if feedback was not received. Ms. Zacarias stated that the team believes it is imperative to begin the campaign on different fronts and noted they had experienced higher participation on other projects 116 City Commission Meeting Boynton Beach, FL July 15, 2025 3 when people can do it on their own time. Ms. Radigan stated that if participation was not being seen, the plan would pivot. Commissioner Kelley stated that she would carry postcards with her and suggested asking businesses to place flyers in their windows. Ms. Radigan confirmed that Economic Development staff would be involved and would have materials. Mayor Shelton added that it was important for each mem ber of the Commission to communicate with their constituents to encourage them to participate. She commented that she did not like the water tower in the logo. Ms. Radigan stated that the image could be changed. Vice Mayor Hay asked what kind of citizen participation the consultant had gotten on other projects they participated in, and how many they have done. Ms. Zacarias shared that Chen, Moore, and Associates had updated dozens of comprehensive plans throughout the State and stated every community is different. She noted that people do not participate as much when everything is going well. Item 8B was heard immediately following Item 3. 4. Public Audience Susan Oyer highlighted discussion at the Historic Resources Preservation Board meeting regarding a Founders’ Day event as a positive thing to celebrate. She noted that the potential to partner with local groups. She stated that the Daughters of the American Revolution was promoting events for the nation’s 250th anniversary and Boynton Beach did not have an event listed. She stated that she did not like the tall buildings in the Comprehensive Plan logo. Cindy Falco De Corrado stated that it had been less than 20 years since the Comprehensive Plan was done and questioned the cost when nothing was implemented. She stated that the license plate readers track citizen’s movements, are not for safety, and violate the Constitution. She commented that an Informational Notice of Violation was placed on her door regarding trash. Fire Chief Hugh Bruder introduced Marie Guma to speak regarding the Fire and Police Departments’ mental health program. Ms. Guma provided a brief update and commended the City Commission for trailblazing on the issue. She discussed the number of first responders utilizing the program and stated the team had also attended 12 to 15 critical incident debriefs this year, compared to seven (7) last year. 117 City Commission Meeting Boynton Beach, FL July 15, 2025 4 5. Administrative A. Ratify Education and Youth Advisory Board Chair and Vice Chair. Motion: Commissioner Cruz moved to ratify the Youth Advisory Board’s decision to name Lori Wilkinson as Chair and Sandra Watson as Vice Chair. Vice Mayor Hay seconded the motion. The motion passed unanimously. B. Advisory Board Appointments – Tabled at the June 3, 2025 meeting. Motion: Commissioner Kelley moved to appoint Earl Baker to a Regular Member position on the Building Board of Adjustment and Appeals. Vice Mayor Hay seconded the motion. The motion passed unanimously. Commissioner Cruz stated it had come to her attention that an application was submitted for the Historic Resources Preservation Board which was not included on the list and noted she would like to table her appointment to ensure the list was complete . Motion: Commissioner Turkin moved to table appointment of a member to the Historic Resources Preservation Board. Commissioner Cruz seconded the motion. The motion passed unanimously. Mayor Shelton reviewed boards with no applicants and encouraged residents to apply. Vice Mayor Hay asked that staff investigate the reason an application had been left off the list and report back. C. Community Support Funds. Motion: Vice Mayor Hay moved to approve Community Support requests from Mayor Shelton and Commissioner Turkin. Commissioner Turkin seconded the motion. The motion passed unanimously. 6. Consent Agenda A. Proposed Resolution No. R25-140- Adopt the Watershed Management Plan (WMP). B. Proposed Resolution No. R25-41- Adopting the Floodplain Species Plan (FSP) for implementation. 118 City Commission Meeting Boynton Beach, FL July 15, 2025 5 C. Proposed Resolution No. R25-161- Requesting Commission Approval and Ratification of the 2025/2026 Wastewater and Reclaim O&M and CIP Bud gets for South Central Regional Wastewater and Treatment Board. D. Proposed Resolution No. R25-162- Approve and authorize the Mayor to execute an Interlocal Agreement (ILA) between Palm Beach County and the City of Boynton Beach for the ongoing provision of networks services by Palm Beach County. E. Proposed Resolution No. R25-163- Approving and authorizing the assessment and recording of nuisance abatement liens against properties in th e public records of Palm Beach County. F. Proposed Resolution No. R25-164- Approving and authorizing the Mayor to sign a standard template agreement for use of property between the City of Boynton Beach (City) and various property owners for the use of privately owned property for City Events on an as-needed basis. G. Proposed Resolution No. R25-165- Approve a Landscape Maintenance Memorandum of Agreement ("MMOA") between the City of Boynton Beach and the State of Florida Department of Transportation ("FDOT") for landscape, irrigation, and decorative hardscape within the FDOT Right-of-Way along South Federal Highway abutting The Dune project. Proposed Resolution No. R25-166- Approve a Right-of-Way Maintenance Agreement between the City and Fed27, LLC for landscape, irrigation, and decorative hardscape within the FDOT Right-of-Way along South Federal Highway abutting The Dune project. H. Proposed Resolution No. R25-167- Approve a Landscape Maintenance Memorandum of Agreement ("MMOA") between the City of Boynton Beach and the State of Florida Department of Transportation ("FDOT") for landscape, irrigation, and decorative hardscape within the FDOT Right-of-Way along South Federal Highway abutting The Dune Residences project. Proposed Resolution No. R25-168- Approve a Right-of-Way Maintenance Agreement between the City and Fed27, LLC for landscape, irrigation, and decorative hardscape within the FDOT Right-of-Way along South Federal Highway abutting The Dune Residences project. I. Proposed Resolution No. R25-169- Approving an Interlocal Agreement between the City of Boynton Beach and the Town of Hypoluxo for the Provision of Fire Rescue and Emergency Medical Services. The term of this Agreement shall be for a period of ten (10) years commencing October 1, 2025, and ending September 30, 2035. J. Proposed Resolution No. R25-170- Approving a Second Amendment to the Progressive Design-Build Agreement with Foster Marine Contractors, Inc. to 119 City Commission Meeting Boynton Beach, FL July 15, 2025 6 Incorporate Required Federal Grant Provisions (Attachment 8-B) for the Town of Hypoluxo Septic-to-Sewer Conversion Project. K. Proposed Resolution No. R25-171- Ratify Purchase Order No. 251524 and expenditure to FDOT for the NE/SE 6th Street Pedestrian Crossing, with a not to exceed amount of $136,825, per the agreement of the Locally Funded Agreement (LFA), and approve and authorize Amendment Number One for the Locally Funded Agreement. L. Proposed Resolution No. R25-172- Approve the application for the NREL Energy Technology Innovation Partnership Project (ETIPP) for the amount of $50,000, authorize the Mayor to accept the grant, and execute all future documents associated with the grant, subject to the approval of the City Attorney. M. Proposed Resolution No. R25-173- Approve a budget amendment to CIP 302 Fund, increasing the budget from $21,381,756 to $24,094,782 by utilizing $2,713,026 from Fund Balance, and a budget transfer within the Utility CIP Fund 403 GL accounts, for a total amount of $813,048. N. FY2024-25 Financial/Budget Status Report for General Fund and Utility Fund thru December 2024 and March 2025. O. Commission Meeting Minutes. Motion: Commissioner Turkin moved to approve the Consent Agenda as presented. Commissioner Turkin seconded the motion. The motion passed unanimously. 7. Consent Bids and Purchases over $100,000 A. Proposed Resolution No. R25-132- Approve the lease buyout of thirty 2021 RXV Elite Golf Cars in the net amount of $37,754.40; and authorize the issuance of a purchase order to EZGO Division of Textron, Inc., for $942,557.45 piggybacking the OMNIA Partners Cooperative Contract No. R210201- Tabled from the May 20, 2025, Meeting. B. Proposed Resolution No. R25-174- Approving a Fourth Amendment to the Master Services Purchase Agreement with AXON Enterprise Incorporated to modify the existing purchase agreement and issue a purchase order for two replacement drones for the Police Department valued at $70,854.30 over a 24-month term, which will be paid by a credit from AXON. C. Proposed Resolution No. R25-175- Approving a second Amendment increasing the annual expenditure for the Sole Source Agreement with South 120 City Commission Meeting Boynton Beach, FL July 15, 2025 7 Florida Emergency Vehicles for the purchase of part s, equipment, maintenance, and repair of Sutphen Fire trucks and ambulances, from $200,000 to an amount not to exceed $300,000. D. Proposed Resolution No. R25-176- Approve a purchase order to Atlantic Southern Paving and Sealcoating (Bid No. PWE22008) in the amount of $805,903.30 for Golfview Harbor Road Resurfacing Project Phase II, plus a 10% contingency of $80,590.33 for unforeseen conditio ns, for a total of $886,493.63. E. Proposed Resolution No. R25-177- Approve a purchase order to Atlantic Southern Paving and Sealcoating (Bid No. PWE22008) in the amount of $503,793.40 for The Meadows- Community Road Resurfacing Project, plus a 10% contingency of $50,379.34 for unforeseen conditions, for a total of $554,172.74. F. Proposed Resolution No. R25-178- Approve a purchase order to Atlantic Southern Paving and Sealcoating, LLC for the project TR25XX - Task 230- MLK Jr. Boulevard Resurfacing, for $310,654, plus a 10% allowa nce of $31,065, for a total not exceeding $341,719. G. Proposed Resolution No. R25-179- Approve the purchase of two (2) units by utilizing the rates of the Florida Sheriff's Association Contract FSA24 -VEL32.0 for an estimated amount of $65,012, plus a 22% contingency of $14,302.64 for total amount not to exceed $79,314.64 and authorize the Mayor to execute all necessary documents to effectuate the purchases. H. Proposed Resolution No. R25-180- Approving a Piggyback Agreement between the City and DoneRite Pumps, Inc. for Electric Motor Pump Repair & Installation Services in an amount not to exceed $45,000 annually until April 21, 2028. I. Proposed Resolution No. R25-181- Approve a resolution to award a Piggyback Agreement between the City and Armor Courts, LLC for furnishing and installation of acrylic coatings for outdoor sports surfac es for an annual expenditure of $60,000. J. Proposed Resolution No. R25-182- Approve the issuance of a Purchase Order to Zoll Medical Corporation for the purchase of public safety medical supplies for one year with an annual expenditure of $90,000. K. Proposed Resolution No. R25-183- Approving Task Order No. GESPW -2J-05- 25 with Craven Thompson & Associates, Inc. for the Lawrence Road Beautification Landscaping project- TR25XX, in the amount of $172,605, plus a 10% contingency of $17,260.50, for a total amount not to exceed $189,865.50. Â Proposed Resolution No. R25-184- Approve a budget 121 City Commission Meeting Boynton Beach, FL July 15, 2025 8 amendment to CIP Fund 303, increasing the fund from $9,154,351 to $9,209,217, by allocating $54,866 from fund balance to increase the budget for Project TR25XX- Lawrence Road- Beautification from $135,000 to $189,866. L. Proposed Resolution No. R25-185- Award Invitation to Bid No. 25-035B for the SE 1st Street/Loquat Tree Drive Sanitary Sewer Cure-In-Place Pipe Lining Project to Insituform Technologies, LLC and approve an Agreement between the City and Insituform Technologies, LLC for $286,518.80, plus a 10% contingency of $28,651.88, for a total amount not to exceed $315,170.68 M. Proposed Resolution No. R25-186- Approve Task Order No. GESPW -1K-01- 25 with Miller, Legg, and Associates, Inc. for design and consultant services for the Jaycee Park Master/New Play Structure Design Project RP2511, in the amount of $186,345.00, plus a 10% allowance of $18,634.50 for unforeseen conditions, for a total not to exceed $204,979.50. N. Proposed Resolution No. R25-187- Approval of a Piggyback Agreement between the City of Boynton Beach and Martin Fence utilizing the City of Greenacres Bid No. 23-003 for Fence Installation, Maintenance, and Repair Services, not to exceed $250,000 City-wide annually. O. Proposed Resolution No. R25-188- Approve the first amendment to the Piggyback Agreement with Industrial Shadeports, Inc. to provide Various Equipment and Amenities for Parks and Recreation, increasing the annual expenditure from $162,300 to $279,054 plus an allowanc e of $4,774 for a total amount not to exceed of $283,828. P. Proposed Resolution No. R25-189- Approving Task Order No. GESPW -2E- 03-25 with W est Architecture & Design, LLC for the Pence Park- Reconstruction project RP2509, in the amount of $375,845, plus a 10% allowance of $37,585 for unforeseen conditions, for a total of $413,430. Q. Proposed Resolution No. R25-190- Approve Task Order No. GESPW -1E-02- 25 with West Architecture and Design for Professional Services and Design Services for the project FA2503- Marine Complex in the amount of $334,515, plus a 10% allowance of $33,452 for unforeseen conditions, for a total of $367,967. R. Proposed Resolution No. R25-191- Approve an Amendment increasing the annual expenditure for the Agreement with W.W. Grainger, Inc. for the purchase to obtain MRO Supplies on an as needed basis from $120,000 to an amount not to exceed $190,000. S. Proposed Resolution No. R25-192- Approve the purchase of a subscription to ArcGIS Hub Premium and ArcGIS Online Community platform, along wi th 122 City Commission Meeting Boynton Beach, FL July 15, 2025 9 supplemental GIS tools, to support the City's Adopt-A-Road program from Environmental Systems Research Institute (ESRI) in an amount not to exceed $200,000. T. Proposed Resolution No. R25-193- Approve the 1st amendment to the Piggyback Agreement with Kone, Inc., authorizing a one -time expenditure in an amount not to exceed $1,220,000 for the replacement of three elevators. U. Proposed Resolution No. R25-194- Award RFP No. PLDEV25-012R for Public Art Master Plan Review to Machinic, LLC d/b/a Futureforms, and approve an Agreement between the City and Machinic, LLC d/b/a Futureforms for $75,400, plus a 10% allowance of $7,540, for a total not -to-exceed amount of $82,940. V. Proposed Resolution No. R25-196- Approve a Change Order to Task 225 and PO # 251608 with Atlantic Southern Paving and Sealcoating, LLC DBA Rose Paving LLC. for the Chapel Hill Resurfacing Project, for an updated project total of $558,723 plus a 10% contingency of $55,872, for a total not to exceed $614,595, increasing the total project amount by $161,564. W. Proposed Resolution No. R25-197- Approve increasing the annual expenditure with Broadcast Systems, Inc., and issue purchase orders in an amount not to exceed $1,200,000 annually. X. Proposed Resolution No. R25-198- Authorize the City Manager to enter into final negotiations with Iron Brick Associates, LLC and authorize t he Mayor to sign the final piggyback agreement between the City of Boynton Beach and Iron Brick Associates, LLC, and related orders, utilizing an existing competitively solicited contract to implement the City's new Enterprise Resource Planning (ERP) system, Workday, and asset management system, SpryPoint for the amount of $11,372,348.24 plus an allowance of $733,595.25 for a total of $12,105,943.49 over a ten-year term. Y. Approve the annual expenditure and authorize the Mayor to sign the renewal amendments for RFPs/Bids and/or piggybacks for the procurement of services and/or commodities as described in Exhibit A for July 15, 2025 - " Request for Extensions and/or Piggybacks." Mayor Shelton advised that Item 7A was previously tabled. Motion: Commissioner Turkin moved to take Item 7A from the table. Commissioner Cruz seconded the motion. In a roll call vote, the motion passed unanimously. Commissioner Cruz commented that Item 7D was a purchase order for the paving in Golf 123 City Commission Meeting Boynton Beach, FL July 15, 2025 10 View Harbor, and further updates regarding paving dates would be provided. Commissioner Kelley pulled Item 7K for discussion. Vice Mayor Hay pulled Item 7X for discussion. Motion: Commissioner Kelley moved to approve the Consent Bids and Purchases over $100,000, as amended. Commissioner Turkin seconded the motion. The motion passed unanimously. 7K. Proposed Resolution No. R25-183- Approving Task Order No. GESPW - 2J-05-25 with Craven Thompson & Associates, Inc. for the Lawrence Road Beautification Landscaping project- TR25XX, in the amount of $172,605, plus a 10% contingency of $17,260.50, for a total amount not to exceed $189,865.50. Proposed Resolution No. R25 -184- Approve a budget amendment to CIP Fund 303, increasing the fund from $9,154,351 to $9,209,217, by allocating $54,866 from fund balance to increase the budget for Project TR25XX- Lawrence Road- Beautification from $135,000 to $189,866. Commissioner Kelley recognized staff for spearheading this project. She stated that Lawrence Road has become a main thoroughfare into the City and is an eyesore , and funds had been budgeted to improve the medians. Rick Hoffer, Assistant Director of Public Works, provided a brief overview of the timeline for the project. Motion: Commissioner Kelley moved to approve Item 7K. Commissioner Cruz seconded the motion. In a roll call vote, the motion passed unanimously. 7X. Proposed Resolution No. R25-198- Authorize the City Manager to enter into final negotiations with Iron Brick Associates, LLC and authorize the Mayor to sign the final piggyback agreement between the City of Boynton Beach and Iron Brick Associates, LLC, and related orders, utilizing an existing competitively solicited contract to implement the City's new Enterprise Resource Planning (ERP) system, Workday, and asset management system, SpryPoint for the amount of $11,372,348.24 plus an allowance of $733,595.25 for a total of $12,105,943.49 over a ten-year term. Vice Mayor Hay stated that this was a tremendous move and asked that staff discuss the benefits the City would receive by making the switch to Workday and SpryPoint. 124 City Commission Meeting Boynton Beach, FL July 15, 2025 11 Alan Lawson, Director of Finance, provided a brief overview, including what an Enterprise Resource Planning (ERP) system is, current state and challenges, and the reason to integrate solutions into a single system. Anthony Garcia, Workday, provided details on the system and other governments served. He commented on vision, value, and validation. Jim Walters, SpryPoint, added additional background and highlighted improved customer engagement. Vice Mayor Hay acknowledged that this was a huge project and asked what the first area of focus would be. Mr. Lawson reviewed the project timeline, phased over two (2) years, and stated that it would begin with data collection, and then finance. Mr. Lawson continued his presentation, reviewing 10-year costs, financial expectations and cost control. Commissioner Cruz stated that this was a positive change to enhancing accountability and efficiency, as well as communication with the constituents. Motion: Commissioner Cruz moved to approve Resolution No. R25-198. Vice Mayor Hay seconded the motion. In a roll call vote, the motion passed unanimously. Commissioner Turkin left the dais at 7:37 P.M. 8. Public Hearing A. Proposed Ordinance No. 25-010 - First Reading, an Ordinance of the City of Boynton Beach, Florida, amending Code of Ordinances Part III, Land Development Regulations, Chapter 2, Land Development Process, Article VI, Impact and Selected Fees, and providing an effective date. Deputy City Clerk Stanzione read the ordinance title into the record. Ms. Radigan explained the amendment was to change one (1) word related to the Mobility Fees to change “submitted” date to “issued” date to match other fees. Mayor Shelton opened to public comment. There were none. Motion: Vice Mayor Hay moved to approve Ordinance No. 25-010 on First Reading. Commissioner Kelley seconded the motion. The motion passed 4-0, Commissioner Turkin was absent from the dais. 125 City Commission Meeting Boynton Beach, FL July 15, 2025 12 B. Variance request to grant an increase in the length of a dock, more than one - quarter (1/4) the width of the waterway. Tabled at the June 3, 2025 meeting. Motion: Commissioner Kelley moved to take Item 8B from the table. Commissioner Cruz seconded the motion. In a roll call vote, the motion passed unanimously. Commissioner Turkin stated that he wanted to identify whether there was a change to the Code which could be done so both sides of the canal are not impacted, or if this was a blanket variance because it needs to happen due to higher level jurisdiction requirements. Ms. Radigan advised that the request had changed in form since the previous hearing. She stated that surveys had been conducted, and now instead of a blanket variance, the variance represents 11 docks that are not meeting Code but are existing today as nonconforming. She explained that the variance would allow those docks to be rebuilt at the existing measurements. Commissioner Turkin commented that he believed this solved the issue. He inquired about correspondence with the Homeowners Associations (HOA). Ms. Radigan stated that the Principal Planner Gabe Sevigny had been in contact with attorneys for both HOAs and was keeping them informed of the process . She noted that this item was publicly noticed. Mr. Sevigny provided additional details. He stated that he has not received any formal opposition to the current proposal. Commissioner Turkin asked for clarification on the number of times staff had communicated. Mr. Sevigny explained they had spoken almost daily since the item was posted. He advised that all requested information was provided . Commissioner Turkin stated that he was comfortable with moving forward with the hearing. Commissioner Kelley indicated that she had not been in attendance at the June 3 meeting. She stated that she would feel more comfortable if the objection had been rescinded in writing and asked for a brief explanation of the objection and changes. Ms. Radigan provided a brief overview of the original request and advised that instead of using the longest length as a guideline, the request was detailed with an exhibit which outlined the specific variance for each of the 11 units to allow them to rebuild to existing conditions. 126 City Commission Meeting Boynton Beach, FL July 15, 2025 13 Vice Mayor Hay asked about the maximum intrusion. Ms. Radigan stated of the 11 docks, the largest intrusion into the waterway that should remain clear was 5.4 feet. Commissioner Kelley clarified that length was not an extension but what exists. Ms. Radigan confirmed this was correct. Consensus was to waive a presentation from the applicant. Deputy City Clerk Stanzione swore in those intending to speak. Mayor Shelton stated that regarding Item 8B, she has not had any ex-parte communication, has not received written communication, has not conducted an investigation, has not made a site visit, and has not received expert opinions. She requested that these disclosures and all written communications be made a part of the record. Vice Mayor Hay stated that regarding Item 8B, he has not had any ex-parte communication, has not received written communication, has not conducted an investigation, has not made a site visit, and has not received expert opinions. He requested that these disclosures and all written communications be made a part of the record. Commissioner Cruz that regarding Item 8B, she has not had any ex-parte communication, has received written communication from residents, has not conducted an investigation, has not made a site visit, and has not received expert opinions other than staff. She requested that these disclosures and all written communications be made a part of the record. Commissioner Kelley stated that regarding Item 8B, she has not had any ex-parte communication, has not received written communication other than what was handed to her during this meeting, has not conducted an investigation, has not made a site visit, and has not received expert opinions. She requested that these disclosures and all written communications be made a part of the record. Commissioner Turkin stated that regarding Item 8B, since the last discussion of this matter he has not had any ex-parte communication, has not received written communication, has not conducted an investigation, has not made a site visit, and has not received expert opinions aside from the meeting backup materials. He requested that these disclosures and all written communications be made a part of the record. Deputy City Clerk Stanzione read the title into the record. 127 City Commission Meeting Boynton Beach, FL July 15, 2025 14 Mayor Shelton opened the item to public comments. Cristina Sayre, Mariner Village HOA President, stated that her HOA shares the cove with the applicant. She stated that of the 11 docks in the variance, three (3) have boat lifts, and asserted these are permanent structures which extend into the canal another eight (8) to 10 feet and were not included in the calculation. She advised that the HOA agrees with the request to maintain the docks at their current lengths, however they are concerned not including the boat lifts provided leeway for additional installation with no regard for how much the docks encroach into the already narrow canal. She asked that the item be amended to include the boat lifts. Craig Sayre, Mariner Village resident, commented that the Zoning does not include boat lifts, and the exhibit only included an excerpt of what was included in the Code. He read from the Code and stated that the boat lifts are bolted onto the docks or attached to pilings and should be included as permanent structures as part of the variance and in future evaluations. Mike Reece, Mariner Village resident, shared concern with the boat lifts exceeding beyond the docks. He noted that some of the lifts turn 90 degrees and jut out into the canal, and residents feel there is a lack of regulation or oversight of this. He stated that he was fine with the variance. Craig Matalon, Mariner Village resident, noted that it was his first time living on the water, but when you get a boat, you learn quickly. He stated that the 50 percent open space was needed, especially when two (2) boats pass each other or the canal is being dredged. John Conway, Mariner Village resident, reiterated that the community does not have a problem with the existing docks or with the 11 variances, but there was concern about lifts being added on top of the variance. He noted that the lifts are not allowed on the Mariner Village side of the canal. Kasey Easley, Manatee Cove resident, clarified that the distance his boat would stick out into the water with and without a lift. He asserted the the argument against boat lifts was moot and false because it reduces the amount the boat extends into the water. He agreed with concerns about turning boats in the narrow canal. Kevin Beatty, Manatee Cove HOA board member, shared that they had worked to be good neighbors and do everything the right way and communicate with Mariner Village. He stated that he was shocked by the opposition as the concern about boat lifts was not previously raised. He asked that the item be moved forward. Ms. Radigan responded to concerns related to the interpretation of Code. She stated that currently, the Land Development Regulations do not count boat lifts toward docks and outlined the rationale. David Millage, attorney on behalf of the applicant, stated that there was agreement that 128 City Commission Meeting Boynton Beach, FL July 15, 2025 15 residents were okay with what exists today, and that is what is being requested. He stated there may be a Code interpretation or future amendment related to boat lifts, but that was separate. He noted that currently, improvements are restricted to one-third of the cost, and these are vested docks which were previously approved and permitted by the City. Virtual Comments: Everett Goendo stated that his dock is in reasonably good repair, but he had been stopped from getting a permit for a boat lift by the restrictions. He noted that his boat would be closer to the dock with a lift. Mayor Shelton closed the item to public comment. Commissioner Turkin proposed that staff look at regulation of boat lifts. Commissioner Kelley agreed with comments that the boat lift was only as wide as the boat and advised that she supported cleaning up the Code so it was clear. Vice Mayor Hay and Commissioner Cruz agreed. Motion: Commissioner Turkin moved to approve the variance request. 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 Resolution No. R25-137- Amend the adopted comprehensive fee schedule for Fiscal Year 2024-2025, as approved by Resolution No. R24-191, by amending the fee schedule for Recreation and Parks Division. – Tabled at the June 3, 2025 meeting. Motion: Commissioner Kelley moved to take Item 10A from the table. Vice Mayor Hay seconded the motion. The motion passed 4-0, Commissioner Turkin was absent from the dais. Ted Louis-Jacques, Park Compliance Manager provided a recap from a previous discussion, new recommended fee adjustments, permits sold, and promotion to senior residents. Commissioner Turkin returned to the dais at approximately 7:42 P.M. Commissioner Turkin urged his colleagues to support the changes. He noted that he was glad to see pre-COVID-19 rates return. Vice Mayor Hay agreed. 129 City Commission Meeting Boynton Beach, FL July 15, 2025 16 Commissioner Cruz asked how many total parking spaces are in Ocean Front Park. Mr. Louis-Jacques stated that he believed the number was 258 spaces. Commissioner Cruz expressed concern that positive new categories were being added, but the result would be an increase in cars and a decrease in revenue. Commissioner Cruz suggested spaces specific to passholders. Dan Dugger, City Manager, stated that a pilot program was being explored administratively, and noted that designating 10 percent of available spaces for passholders was being reviewed. Commissioner Cruz asked about a category for disabled veterans. Mr. Dugger clarified that the disabled veterans are exempt from the fees under State Statute. Commissioner Cruz inquired as to whether the two (2) hour minimum could be removed. Commissioner Turkin asserted that this would require consensus on the dais. Mr. Louis-Jacques clarified that the average stay at the beach is currently two (2) hours and nine (9) minutes. He noted that surrounding communities also have a two (2) hour minimum. Motion: Commissioner Turkin moved to approve Resolution No. R25-137. Vice Mayor Hay seconded the motion. In a roll call vote, the motion passed 4-1. Commissioner Cruz was opposed. B. Proposed Resolution No. R25-195- Approve the establishment of a Charter Review Committee for the purpose of conducting a comprehensive review of the City’s Charter and recommending necessary amendments or revisions. Shawna Lamb, City Attorney, stated that there had been direction of the City Commission to create a Charter Review Committee. She outlined the process for selection of the committee members and approval of recommendations. She noted that the abbreviated timeframe and recommended that moving forward, the City Commission consider an ordinance that would require a Charter Review Committee on a set schedule and also that a full review of the Charter begin in January 2026. Commissioner Turkin asked for clarification on the operation of the committee. He stated that it was important that they operate without restriction. 130 City Commission Meeting Boynton Beach, FL July 15, 2025 17 City Attorney Lamb explained that a majority vote of the committee would be required to bring an item to the City Commission. Commissioner Kelley asked how staff would be involved in the process. She stated that there are a lot of different departments that would have recommendations and should be included. City Attorney Lamb advised that normally the process would take a year, and recommendations would be taken from the public, the Commission, the City Manager, and the City Attorney. She stated that she was suggesting that process be undertaken in January due to time constraints and noted that meetings would be open to the public. Commissioner Cruz commented that the Charter of the City is its constitutional document, and it is in the best interest of the residents that the review be done well the first time and not rushed for specific items. Commissioner Turkin stated that the committee should be ongoing and noted the rush was to get items on the municipal ballot if an election is held in March 2026. He stated that verification of residency should be put to the voters, and asserted that they needed to start somewhere. City Attorney Lamb clarified the language was written so the committee would sunset in October after making its recommendations. She discussed best practices and stated that she strongly recommended a standing ordinance as previously discussed. Discussion continued. Consensus was to direct staff to draft an ordinance to review the Charter every five (5) years. Commissioner Cruz asked for clarification of the requirements to serve on the committee. City Attorney Lamb stated the City Clerk would verify that the nominees were qualified and then their appointment would be ratified on August 5. Discussion continued. There was a consensus that the committee continued rather than sunset. Motion: Commissioner Turkin moved to approve Resolution No. R25-195 as amended to include that the committee does not adjourn at the conclusion of its initial review and will continue into 2026. Commissioner Kelley seconded the motion. In a roll call vote, the motion passed unanimously. 11. Future Agenda Items A. Proposed Ordinance No. 25-XXX- First Reading of an ordinance regarding construction hours near residential locations and decibel levels. -TBD Staff recommends approval. 131 City Commission Meeting Boynton Beach, FL July 15, 2025 18 B. Discussion regarding Citywide Master Plan to light up the City.- TBD Requested by Commissioner Turkin. C. Discussion regarding creating a beautification board.- TBD Requested by Commissioner Turkin. D. Discussion on utility lift station upgrades and odor control- TBD Requested by Vice Mayor Hay. E. Discussion regarding requirements for Advisory Board Appointments .- Pending meeting with Commissioner Kelley. Requested by Commissioner Kelley. F. Discussion in regards to an additional area that might be available as a future cemetery.- Pending meeting with City Real Estate Manager. Requested by Vice Mayor Hay. G. Discussion regarding combining City properties together to create senior affordable housing.- Pending Joint Meeting with the CRA. Requested by Vice Mayor Hay. H. Discussion regarding Amendments to the Code of Ordinances regarding flooding in the community.- Pending meeting with Commissioner Cruz. Requested by Commissioner Cruz. Mayor Shelton asked that two (2) items be added to the list of future agenda items, including residential parking standards and a discussion of an increase to the City Manager’s procurement limit to $75,000 for services. Commissioner Turkin shared that he had correspondence with Assistant Police Chief John Bonafair regarding the potential expansion of ShotSpotter south of Boynton Beach Boulevard. He stated that the approximately $14,000 cost was not in the budget but was needed. He asked that this be brought forward for the consensus of the Commission. Vice Mayor Hay asked for an update on the results of the City’s Strategic Planning efforts. City Manager Dugger advised that staff was working on bringing a regimented update to the Commission and noted Economic Development was looking at an in -house process rather than working with a consultant. Discussion continued. Commissioner Cruz stated that residents had highlighted concerns with bulk trash pickup and fines for items being left out. Mayor Shelton indicated that there had been concern with illegal dumping and encouraged residents to install cameras. 132 City Commission Meeting Boynton Beach, FL July 15, 2025 19 City Manager Dugger stated staff would bring forward recommendations. Commissioner Turkin stated that he understood Florida DOGE was looking at Boynton Beach and asked to be kept informed of recommendations. 12. Adjournment With no further business to discuss, the meeting is adjourned at 8:16 P.M. Motion Commissioner Turkin moved to adjourn. Vice Mayor Hay seconded the motion. The motion passed unanimously. Tammy Stanzione, CMC Deputy City Clerk 133 City of Boynton Beach Agenda Item Request Form 7.A Consent Bids and Purchases 08/19/2025 Meeting Date: 08/19/2025 Proposed Resolution No. R25-219- Approving a three-year agreement with CivicPlus for website and Municode hosting, maintenance, and support service not exceeding $50,000 annually for a total expenditure not exceeding $150,000 over the contract term. Requested Action: Staff recommends approval of Proposed Resolution No. R25-219. Explanation of Request: CivicPlus has served as the City’s website vendor, providing a secure and responsive platform to ensure reliable access to municipal content and public services. This purchase will be procured under the single-source exemption through exclusion 11. Purchase of information technology software applications and equipment directly from the manufacturer, developer, or producer of the product or service, including annual licenses, maintenance, support, and upgrades to existing information technology software, hardware, or firmware. This includes subscription-based software fees that are unique or preexisting and contain historical knowledge that cannot be easily or without cost moved to another software application. The City must continue with this software in order to move forward with normal operations. How will this affect city programs or services? Approval of this City contract will ensure uninterrupted access to the City’s official website and continued support for digital services, enhancing public communication, transparency, and reliability. Budgeted Item: Yes Account Line Item and Description: Total Contract Cost: $112,066.15 will be funded through the following account numbers: 001-1510-513.46.91 (ITS Operating Budget) 001-1310-512.46.91 (City Clerk Operating Budget) 001-1310-512.47.22 (City Clerk Operating Budget) 134 Fiscal Impact: Funding for Year 1 is included in the current fiscal year's ITS & City Clerk operating budgets and will continue to be funded over the term of the agreement. Attachments: R25-219 Agenda_Item_3263-2025_Resolution_for_CivicPlus.docx Exhibit A to Reso - FL - Boynton Beach - CivicPlus Codification-01062026-01052029.pdf Exhibit A to Reso - FL - Boynton Beach - CivicPlus Website GSA.pdf CivicEngage Central Sole Source Letter.pdf fully-executed agmt (2).pdf Boynton Beach.pdf 135 RESOLUTION NO. R25-219 1 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, APPROVING THE PURCHASE OF WEBSITE AND 4 MUNICODE HOSTING, MAINTENANCE, AND SUPPORT SERVICES 5 FROM CIVICPLUS LLC IN AN AMOUNT NOT TO EXCEED $150,000; AND 6 FOR ALL OTHER PURPOSES. 7 8 WHEREAS, CivicPlus LLC has served as the City’s website vendor, providing a secure and 9 responsive platform to ensure reliable access to municipal content and public services; and 10 WHEREAS, this purchase will ensure uninterrupted access to the City’s official website and 11 continued support for digital services, enhancing public communication, transparency, and 12 reliability; and 13 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 14 best interests of the City's citizens and residents to approve the purchase of website and 15 Municode hosting, maintenance, and support services from CivicPlus LLC in an amount not to 16 exceed $150,000. 17 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 19 BEACH, FLORIDA, THAT: 20 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 21 being true and correct and are hereby made a specific part of this Resolution upon adoption. 22 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 23 approve the purchase of website and Municode hosting, maintenance, and support services from 24 CivicPlus LLC in an amount not to exceed $150,000, as further detailed in Exhibit A, attached 25 hereto. 26 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 27 authorizes the Mayor to execute any ancillary documents as may be necessary to accomplish the 28 purpose of this Resolution. 29 SECTION 4. This Resolution shall take effect in accordance with the law. 30 [SIGNATURES ON THE FOLLOWING PAGE] 31 32 136 PASSED AND ADOPTED this ______________ day of ______________________________ 2025. 33 CITY OF BOYNTON BEACH, FLORIDA 34 YES NO 35 Mayor – Rebecca Shelton _____ _____ 36 37 Vice Mayor – Woodrow L. Hay _____ _____ 38 39 Commissioner – Angela Cruz _____ _____ 40 41 Commissioner – Thomas Turkin _____ _____ 42 43 Commissioner – Aimee Kelley _____ _____ 44 45 VOTE ______ 46 ATTEST: 47 48 _____________________________ ______________________________ 49 Maylee De Jesús, MPA, MMC Rebecca Shelton 50 City Clerk Mayor 51 52 APPROVED AS TO FORM: 53 (Corporate Seal) 54 55 _______________________________ 56 Shawna G. Lamb 57 City Attorney 58 137 CivicPlus 302 South 4th St. Suite 500 Manhattan, KS 66502 US Client: FL – Boynton Beach - Codification - Statement of Work Codification QTY PRODUCT NAME DESCRIPTION 2 Printed Copies and Freight Included – up to (#) copies Renewal Recurring 1 Full-Service Supplementation Subscription Renewal Recurring 1 Online Code Hosting Premium Bundle Renewal Recurring 1 Quarterly Electronic Supplementation Service Included Renewal Recurring 1 Annual Print Supplementation Service Included Renewal Recurring Annual Recurring Services – Year 1 (January 6, 2026 through January 5, 2027) USD 11,438.70 Annual Recurring Services – Year 2 (January 6, 2027 through January 5, 2028) USD 11,896.25 Annual Recurring Services – Year 3 (January 6, 2027 through January 5, 2029) USD 12,372.10 138 1. This renewal Statement of Work ("SOW") is between Boynton Beach, FL (“Customer”) and CivicPlus, LLC, and shall be subject to the terms and conditions of the Agreement for Professional Services signed by and between the Parties; and the Master Services Agreement (“MSA”) and applicable Solutions and Products terms found at: www.civicplus.help/hc/p/legal-stuff, (collectively, the “Terms and Conditions”). By signing this SOW, Customer expressly agrees to the Terms and Conditions throughout the Term of this SOW. The Terms and Conditions form the entire agreement between Customer and CivicPlus (collectively, referred to as the “Agreement”). The Parties agree the Agreement shall supersede and replace all prior agreements between the Parties with respect to the services provided by CivicPlus herein (the “Services”). 2. This SOW shall remain in effect for an initial term from January 6, 2026 through January 5, 2029 (the “Initial Term”). In the event that neither party gives 60 days’ notice to terminate prior to the end of the Initial Term, or any subsequent Renewal Term, this SOW shall automatically be renewed for an additional twelve month renewal term (“Renewal Term”). The Initial Term and all Renewal Terms are collectively referred to as the “Term”. 3. Annual Recurring Services shall be invoiced on January 6 of each calendar year thereafter and be subject to a 4% uplift for each Renewal Term. Client will pay all invoices within 30 days of the date of such invoice. Signature Page to Follow. 139 Acceptance By signing below, the parties are agreeing to be bound by Terms and Conditions found at: www.civicplus.help/hc/p/legal- stuff. IN WITNESS WHEREOF, the parties have caused this SOW to be executed by their duly authorized representatives as of the dates below. Client CivicPlus By: By: Name: Name: Title: Title: Date: Date: 140 Contact Information *all documents must be returned: Master Service Agreement, Statement of Work, and Contact Information Sheet. Organization URL Street Address Address 2 City State Postal Code CivicPlus provides telephone support for all trained clients from 7am –7pm Central Time, Monday-Friday (excluding holidays). Emergency Support is provided on a 24/7/365 basis for representatives named by the Client. Client is responsible for ensuring CivicPlus has current updates. Emergency Contact & Mobile Phone Emergency Contact & Mobile Phone Emergency Contact & Mobile Phone Billing Contact E-Mail Phone Ext. Fax Billing Address Address 2 City State Postal Code Tax ID # Sales Tax Exempt # Billing Terms Account Rep Info Required on Invoice (PO or Job #) Contract Contact Email Phone Ext. Fax Project Contact Email Phone Ext. Fax 141 CivicPlus 302 South 4th St. Suite 500 Manhattan, KS 66502 US Client: FL – Boynton Beach - CivicEngage - Statement of Work GS-35F-0124U Muncipal Websites QTY PRODUCT NAME DESCRIPTION 1 Annual – CivicEngage Central Renewal Recurring 1 Hosting & Security Fee – CivicEngage Central Renewal Recurring 1 SSL Management CivicPlus Provided Renewal Recurring 1 DNS and Domain Hosting Annual Fee Renewal Recurring 1 Website Design Center Pro Annual Fee Renewal Recurring Annual Recurring Services – Year 1 (January 6, 2026 through January 5, 2027) USD 12,377.55 Annual Recurring Services – Year 2 (January 6, 2027 through January 5, 2028) USD 12,872.65 Annual Recurring Services – Year 3 (January 6, 2028 through January 5, 2029) USD 13,387.56 Accessibility QTY PRODUCT NAME DESCRIPTION 1 CivicEngage AudioEye Managed Annual Fee Renewal Recurring Annual Recurring Services – Year 1 (January 6, 2026 through January 5, 2027) USD 5,733.00 Annual Recurring Services – Year 2 (January 6, 2027 through January 5, 2028) USD 5,962.32 Annual Recurring Services – Year 3 (January 6, 2028 through January 5, 2029) USD 6,200.81 TOTAL ANNUAL COST Annual Recurring Services – Year 1 (January 6, 2026 through January 5, 2027) USD 18,110.55 Annual Recurring Services – Year 2 (January 6, 2027 through January 5, 2028) USD 18,834.97 Annual Recurring Services – Year 3 (January 6, 2028 through January 5, 2029) USD 19,588.37 142 1. This renewal Statement of Work ("SOW") is between Boynton Beach, FL (“Customer”) and CivicPlus, LLC, and shall be subject to the terms and conditions of the Agreement for Professional Services signed by and between the Parties; and the Master Services Agreement (“MSA”) and applicable Solutions and Products terms found at: www.civicplus.help/hc/p/legal-stuff, (collectively, the “Terms and Conditions”). By signing this SOW, Customer expressly agrees to the Terms and Conditions throughout the Term of this SOW. The Terms and Conditions form the entire agreement between Customer and CivicPlus (collectively, referred to as the “Agreement”). The Parties agree the Agreement shall supersede and replace all prior agreements between the Parties with respect to the services provided by CivicPlus herein (the “Services”). 2. This SOW shall remain in effect for an initial term from January 6, 2026 through January 5, 2029 (the “Initial Term”). In the event that neither party gives 60 days’ notice to terminate prior to the end of the Initial Term, or any subsequent Renewal Term, this SOW shall automatically be renewed for an additional twelve month renewal term (“Renewal Term”). The Initial Term and all Renewal Terms are collectively referred to as the “Term”. 3. Annual Recurring Services shall be invoiced on January 6 of each calendar year thereafter and be subject to a 4% uplift for each Renewal Term. Client will pay all invoices within 30 days of the date of such invoice. Signature Page to Follow. 143 Acceptance By signing below, the parties are agreeing to be bound by Terms and Conditions found at: www.civicplus.help/hc/p/legal- stuff. IN WITNESS WHEREOF, the parties have caused this SOW to be executed by their duly authorized representatives as of the dates below. Client CivicPlus By: By: Name: Name: Title: Title: Date: Date: 144 Contact Information *all documents must be returned: Master Service Agreement, Statement of Work, and Contact Information Sheet. Organization URL Street Address Address 2 City State Postal Code CivicPlus provides telephone support for all trained clients from 7am –7pm Central Time, Monday-Friday (excluding holidays). Emergency Support is provided on a 24/7/365 basis for representatives named by the Client. Client is responsible for ensuring CivicPlus has current updates. Emergency Contact & Mobile Phone Emergency Contact & Mobile Phone Emergency Contact & Mobile Phone Billing Contact E-Mail Phone Ext. Fax Billing Address Address 2 City State Postal Code Tax ID # Sales Tax Exempt # Billing Terms Account Rep Info Required on Invoice (PO or Job #) Contract Contact Email Phone Ext. Fax Project Contact Email Phone Ext. Fax 145 To Whom It May Concern, This letter serves to notify you that CivicPlus, LLC is the sole provider of the CivicEngage Content Management System (CivicEngage) and associated product and service package that enables municipal website administrators to manage critical aspects of their online presence. CivicEngage differs from other content management software in that it has been optimized for use by government entities. Not only have many of the applications been developed specifically for use by municipal governments, but CivicEngage websites are only be hosted and monitored at one of our network operations centers dedicated to protecting our local government websites. Our inhouse support team is also the sole authorized support system for the CivicEngage solution. Included in the standard CivicPlus development package are applications that are unique to CivicEngage, like a citizen request management and mapping tool. Applications like these may be available at a much higher cost from other vendors; however, CivicPlus is the sole provider of these applications as a part of an all-inclusive, standardized content management system, CivicEngage. No other organization offers our unique product and service package, coupling our CMS with some of the most useful web applications available to municipal governments. Regards, Cole Cheever | CivicPlus, LLC Vice President of Client Services Main 888-228-2233 Fax 785-587-8951 Website www.CivicPlus.com Federal Tax ID 48-1202104 GSA Contract #GS-35F-0124U 146 MEMOhTON 9 To: Daniel Dugger, City Manager From: Stacey R. Weinger, Deputy City Attorne 4 Date: March 13, 2024 Dept. City Clerk's office Re: CivicPlus; Software Transmitted herewith are original documents which have been reviewed and approved for legal sufficiency. Kindly forward the documents, along with this memo, to the City Clerk's Office. The City Manager is authorized to execute the document in accordance with: D Procurement Code. If authorized by the Procurement Code, the procurement method is: Small Purchase El Quotes Single Source Competitive Solicitation Cooperative Sole Source Emergency Procurement Piggyback Procurement No. N/A Contract Amount: $21,473.75 To: Office of the City Clerk Please: Attest to the execution by the City Manager and insert the date. Estimated Record Retention Review: April 2029 Please retain one original as a public record 147 cp CivicPlus Statement of Work 302 South 4th St. Suite 500 Quote #: Q-64684-1 Manhattan. KS 66502 Date: 2/16/2024 9:25 AM US Expires On: 4/16/2024 Client: Bill To: BOYNTON BEACH, FLORIDA BOYNTON BEACH, FLORIDA SALESPERSON Phone EMAIL DELIVERY METHOD PAYMENT METHOD Krystal Hays khays@civicplus.corn Net 30 QTY PRODUCT NAME DESCRIPTION PRODUCT TOTAL TYPE 1.00 Republication Republication (per page)with Land One-time USD 0.00 Development Regulation as Appendix updated through 7-18-2023 Ord 23-007 1.00 Full-Service Supplementation Full-Service Supplementation Renewable USD 9,000.00 Subscription Subscription with Land Dev. 1.00 Online Code Hosting Premium Premium Bundle: Custom Banner, Renewable USD 1,475.00 Bundle CodeBank, CodeBank Compare + eNotify, OrdBank and MuniPro 1.00 Quarterly Electronic Online Supplementation will begin with Renewable USD 0.00 Supplementation Service Included the ordinances received on a quarterly basis. 1.00 Annual Print Supplementation Print Supplementation will begin with Renewable USD 0.00 Service Included the ordinances received from the municipality on an annual basis. 2.00 Printed Copies and Freight Printed Copies and Freight Included Renewable USD 0.00 Included — up to [#] copies 2.00 Municode Tabs Municode Tabs One-time USD 0.00 Total Investment - Initial Term USD 10,475.00 Annual Recurring Services -Year 2 USD 10,998.75 V. PD 06.01.2015-0048 Page 1 of 3 148 Initial Term & Renewal Date 12 Months Initial Term Invoice Schedule 100% Invoiced upon Signature Date Renewal Procedure Automatic 1 year renewal term, unless 60 days notice provided prior to renewal date Renewal Invoice Schedule Annually on date of signing Annual Uplift 5% starting in Year 2 This Statement of Work ("SOW') shall be subject to the terms and conditions of the CivicPlus Master Services Agreement and the applicable Solution and Services terms and conditions located at https://www.civicplus.help/hc/en-us/p/le_gal- stuff(collectively, the "Binding Terms"), By signing this SOW, Client expressly agrees to the terms and conditions of the Binding Terms throughout the term of this SOW. V PD 06.01.2015-0048 Page 2 of 3 149 Acceptance The undersigned has read and agrees to the following Binding Terms, which are incorporated into this SOW, and have caused this SOW to be executed as of the date signed by the Customer which will be the Effective Date: For CivicPlus Billing Information, please visit https://www.civicplus.com/verify/ Authorized Client Signature CivicPlus By: Name: Name:' r DuAmy Vikander Title: Title: 1a,^agc-r' Senior VP of Customer Success Date: Date: 0.11x (h1,4 3/12/2024 Organization Legal Name: Ap• oved as to form: Billing Contact: Title: Sha na G. La 1 (,Ot,CQ ,/-CL City Attorney / Billing Phone Number: Billing Email: Billing Address: Mailing Address: (If different from above) PO Number: (Info needed on Invoice(PO or Job#) if required) V.PD 06.01.2015-0048 Page 3 of 3 150 Cp CIVICPLUS. CivicPlus Master Services Agreement This Master Services Agreement (this "Agreement") governs all Statements of Work ("SOW") entered into by and between CivicPlus, LLC ("CivicPlus") and the customer entity identified on the SOW ("Customer"). This Agreement governs the use and provision of any Services purchased by Customer,as described in any signed SOW,and the effective date of this Agreement shall commence on the date of signature of the SOW("Effective Date").If a SOW has not been executed,then the Effective Date shall be determined as the start date of implementation of any software solution by CivicPlus for Customer.CivicPlus and Customer referred to herein individually as"Party"and jointly as"Parties". Recitals I. WHEREAS, CivicPlus is engaged in the business of developing and providing access to proprietary community engagement and government content, workflow, and general management software solutions, platforms and associated services(the"Services");and H. WHEREAS, Customer wishes to engage CivicPlus for the procurement of the Services and/or receive a license subscription for the ongoing use of the Services,as set forth in the SOW; NOW,THEREFORE,Customer and CivicPlus agree as follows: Agreement Term & Termination 1. This Agreement shall commence on the Effective Date and shall remain in full force and effect for as long as any SOW is in effect between CivicPlus and Customer, or Services are being provided by CivicPlus to Customer, unless terminated in accordance with this§1 or as otherwise provided in this Agreement(the"Term").Either Party may terminate this Agreement or any SOW as set forth in such SOW,or at its discretion,effective immediately upon written notice to the other Party,if the other Party materially breaches any provision of this Agreement and does not substantially cure the breach within thirty(30)days after receiving notice of such breach. A delinquent Customer account remaining past due for longer than 90 days is a material breach by Customer and is grounds for CivicPlus termination.CivicPlus reserves the right to withhold, remove and/or discard Customer Data without notice for any breach, including, without limitation, Customer's non-payment. Upon termination for Customer's breach, Customer's right to access or use Customer Data immediately ceases,and CivicPlus shall have no obligation to maintain or forward any Customer Data. 2. Upon termination of this Agreement or any SOW for any reason,(a)the licenses granted for such relevant SOW by 11 below will terminate and Customer shall cease all use of the CivicPlus Property and Services associated with the terminated SOW and (b) any amounts owed to CivicPlus for work performed prior to termination shall immediately become due in full and payable.If Customer has paid in advance for the Services,and this Agreement terminates due to material breach of this Agreement by CivicPlus,CivicPlus shall refund Customer a prorated amount of any amount already paid.Upon termination by Customer for convenience or due to material breach by Customer, in addition to any remedy civicplus.com 1302 South 4th Street, Suite 500 I Manhattan, KS 66502 1888-228-2233 151 Cp CIVICPLUS. provided in this Agreement or provided in law or equity,CivicPlus shall be entitled to retain any amounts already paid. Sections 7,8, 10, 14, 15, 18,32-34,40,and 42 will survive any expiration or termination of this Agreement. 3. At any time during the Term,CivicPlus may,immediately upon notice to Customer,suspend Customer and any of its Users access to any Service due to a threat to the technical security or technical integrity of the Services. Invoicing & Payment Terms 4. Customer will pay the amounts owed to CivicPlus for the development and implementation of the Customer's Services, as defined in the SOW("Project Development"), subscription and licensing, and annual hosting, support and maintenance services("Annual Recurring Services")in accordance with the payment schedule set forth on the applicable SOW.Invoices shall be sent electronically to the individual/entity designated in the SOW's contact sheet that is required to be filled out and submitted by Customer(the"Contact Sheet").Customer shall provide accurate,current and complete information of Customer's legal business name, address, email address, and phone number in the Contact Sheet upon submission of a signed SOW. Customer will maintain and promptly update the Contact Sheet information if it should change.Upon Customer's request,CivicPlus will mail hard-copy invoices for a$5.00 convenience fee to be added to the mailed invoice. 5. Each SOW will state the amount of days from date of invoice payment is due. Unless otherwise limited by law,a finance charge of 1.5 percent(%)per month or the maximum rate permitted by applicable law,whichever is less,will be added to past due accounts from due date until paid.Payments received will be applied first to finance charges,then to the oldest outstanding invoice(s).If the Customer's account exceeds 60 days past due,support will be discontinued until the Customer's account is made current.If the Customer's account exceeds 90 days past due,CivicPlus may suspend in progress Project Development and Annual Recurring Services will be discontinued,and the Customer will no longer have access to the Services until the Customer's account is made current.Customer will be given 15 days'notice prior to discontinuation of Services for non-payment. 6. During the performance of Project Development, if Customer requests a change that requires repeated efforts to previously approved work product and such change causes CivicPlus to incur additional expenses(i.e.airline change fees, resource hours, consultant fees, Customer does not show up for scheduled meetings or trainings), Customer agrees to reimburse CivicPlus for such additional expenses. CivicPlus shall notify Customer prior to incurring such expenses and shall only incur those expenses which are approved by Customer. Ownership & Content Responsibility 7. Upon full and complete payment of amounts owed for Project Development under the applicable SOW, Customer will own any website graphic designs, Services content, module content, importable/exportable data, and archived information ("Customer Content") created by CivicPlus on behalf of Customer pursuant to this Agreement. "Customer Content"also includes,without limitation,any elements of text,graphics,images,photos,audio,video,designs,artworks, logos,trademarks,services marks,and other materials or content which Customer provides to CivicPlus for processing, transmission,storage,or inputs into any website,software or module in connection with any Services.Customer Content excludes any content in the public domain and any content owned or licensed by CivicPlus,whether in connection with providing Services or otherwise. 8. Upon completion of the Project Development,Customer will take over the management and control of the Services and Customer will assume full responsibility for Customer Content maintenance and administration. Customer, not CivicPlus, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and civicplus.com 1302 South 4th Street, Suite 500 I Manhattan, KS 66502 1888-228-2233 152 Cp CIVICPLUS. intellectual property ownership or right to use of all Customer Content.Customer hereby grants CivicPlus a worldwide, non-exclusive right and license to reproduce, distribute and display the Customer Content as necessary to provide the Services.Customer represents and warrants that Customer owns all Customer Content or that Customer has permission from the rightful owner to use each of the elements of Customer Content and that Customer has all rights necessary for CivicPlus to use the Customer Content in connection with providing the Services. Customer agrees that CivicPlus shall not be responsible or liable for the content of messages created by Customer or by Customer's Users or end-users who access Service.Notwithstanding the foregoing,CivicPlus retains the right,but not the obligation,to remove any Customer Content that is libelous,harassing,abusive, fraudulent,defamatory,excessively profane,obscene, abusive,hate related, violent,harmful to minors, that advocates racial or ethnic intolerance,intended to advocate or advance computer hacking or cracking,or other material,products or services that violate or encourage conduct that would violate any laws or third- party rights. 9. At any time during the term of the applicable SOW,Customer will have the ability to download the Customer Content and export the data that is processed through the Services("Customer Data").Customer may request CivicPlus to perform the export of Customer Data and provide the Customer Data to Customer in a commonly used format,at any time, for a fee to be quoted at time of request and approved by Customer.Upon termination of the applicable SOW for any reason, whether or not Customer has retrieved or requested the Customer Data,CivicPlus reserves the right to permanently and definitively delete the Customer Content and Customer Data held in the Services thirty(30)days following termination of the applicable SOW.During the thirty(30)day period following termination of the SOW,regardless of the reason for its termination,Customer will not have access to the Services. 10. Intellectual Property in the software or other original works created by or licensed to CivicPlus,including all software source code,documents,and materials used in performing the Services("CivicPlus Property")will remain the property of CivicPlus. CivicPlus Property specifically excludes Customer Content. Customer shall not (i) license, sublicense, sell, resell,reproduce,transfer,assign,distribute or otherwise commercially exploit or make available to any third party any CivicPlus Property in any way, except as specifically provided in the applicable SOW; (ii)adapt,alter,modify or make derivative works based upon any CivicPlus Property; (iii)create Internet"links" to the CivicPlus Property software or frame"or"mirror"any CivicPlus Property administrative access on any other server or wireless or Internet-based device that may allow third party entities,other than Customer,to use the Services;(iv)reverse engineer,decompile,disassemble or otherwise attempt to obtain the software source code to all or any portion of the Services;(v)make any attempt to gain unauthorized access to the Services and/or any of CivicPlus' systems or networks;or(vi)access any CivicPlus Property in order to:(a)build a competitive product or service,(b)build a product using similar ideas,features,functions or graphics of any CivicPlus Property,or(c)copy any ideas,features,functions or graphics of any CivicPlus Property.The CivicPlus name,the CivicPlus logo, and the product and module names associated with any CivicPlus Property are trademarks of CivicPlus,and no right or license is granted to use them outside of the licenses set forth in this Agreement. 11. Provided Customer complies with the terms and conditions herein,the relevant SOW, and license restrictions set forth in§10,CivicPlus hereby grants Customer a limited,nontransferable,nonexclusive,non-assignable license to access and use the CivicPlus Property associated with any valid and effective SOW, for the term of the respective SOW. The license set forth herein, shall only apply to the extent that Customer is using the Services for legitimate business use as intended by the purpose of the Services and not for the purpose of comparing the Services to a competitor or similar product of CivicPlus. Customer hereby warrants and affirms its purpose in accessing or otherwise using the Services is for their intended purpose only and understands and agrees that any other use shall be considered fraud. 12. All CivicPlus helpful information and user's guides for the Services("Documentation")are maintained and updated electronically by CivicPlus and can be accessed through the CivicPlus"Help Center".CivicPlus does not provide paper copies of its Documentation. Customer and its Users are granted a limited license to access Documentation as needed. Customer shall not copy,download,distribute,or make derivatives of the Documentation. 13. Customer acknowledges that CivicPlus may continually develop,alter,deliver,and provide to the Customer ongoing civicplus.com 302 South 4th Street, Suite 500 Manhattan, KS 66502 888-228-2233 153 Cp CIVICPLUS. innovation to the Services, in the form of new features and functionalities. CivicPlus reserves the right to modify the Services from time to time.Any modifications or improvements to the Services listed on the SOW will be provided to the Customer at no additional charge. In the event that CivicPlus creates new products or significant enhancements to the Services ("New Services"), and Customer desires these New Services, then Customer will have to pay CivicPlus the appropriate fee for the access to and use of the New Services. CivicPlus shall use its reasonable best efforts to provide workarounds in the event any modification to the Services causes Customer to lose substantial functionality of the Services. 14. CivicPlus in its sole discretion, may utilize all comments and suggestions, whether written or oral, furnished by Customer to CivicPlus in connection with its access to and use of the Services(all reports, comments and suggestions provided by Customer hereunder constitute, collectively, the "Feedback"). Customer hereby grants to CivicPlus a worldwide, non-exclusive, irrevocable, perpetual, royalty-free right and license to incorporate the Feedback in the CivicPlus products and services. Indemnification 15. CivicPlus will defend at its expense or settle any third-party claim against Customer alleging that the Services provided under this Agreement infringe intellectual property rights.CivicPlus will pay infringement claim defense costs, CivicPlus—negotiated settlement amounts, and damages finally awarded by a court. CivicPlus has no obligation for any claim of infringement arising from Customer's use of the Services for purposes not contemplated by this Agreement. CivicPlus's indemnification obligations under this Section 15 are conditioned upon the Customer(i)promptly notifying the CivicPlus of any claim in writing; (ii) cooperating with CivicPlus in the defense of the claim; and (iii) granting CivicPlus sole control of the defense or settlement of the claim.The indemnification obligations of CivicPlus herein shall not apply to any claims of intellectual property infringement related to Client Content. Responsibilities of the Parties 16. CivicPlus will not be liable for any act, omission of act, negligence or defect in the quality of service of any underlying carrier, licensor or other third-party service provider whose facilities or services are used in furnishing any portion of the Service received by the Customer. 17. CivicPlus will not be liable for any failure of performance that is caused by or the result of any act or omission by Customer or any entity employed/contracted on the Customer's behalf. During Project Development,Customer will be responsive and cooperative with CivicPlus to ensure the Project Development is completed in a timely manner. 18. Customer agrees that it is solely responsible for the end-user's personal data that Customer decides to solicit,collect, store, or otherwise use in connection with any Service provided by CivicPlus. Customer understands and agrees that CivicPlus provides certain solutions with increased security measures for the solicitation and storage of any sensitive data, and it is Customer's responsibility to determine whether the data it solicits and collects should be stored in such solutions. Customer understands and agrees that CivicPlus does not have knowledge or control over what type of data Customer solicits therefore CivicPlus has no responsibility for the use or storage of end-users'personal data in connection with the Services or the consequences of the solicitation,collection,storage,or other use by Customer or by any third party of any personal data.Customer has the sole control and responsibility over the determination of which data and information shall be included in the content that is to be transmitted and stored by CivicPlus. Customer shall not provide to CivicPlus or allow to be provided to CivicPlus any content that (a) infringes or violates any 3rd party's intellectual property rights, rights of publicity or rights of privacy,(b)contains any defamatory material,or(c)violates any federal, state, local, or foreign laws,regulations,or statutes. civicplus.com 1302 South 4th Street, Suite 500 I Manhattan, KS 66502 1888-228-2233 154 Cp CIVICPLUS. 19. Customer is responsible for all activity that occurs under Customer's accounts by or on behalf of Customer.Customer agrees to(a)be solely responsible for all designated and authorized individuals chosen by Customer("User") activity, which must be in accordance with this Agreement and the CivicPlus Terms of Use;(b)be solely responsible for Customer Data;(c)obtain and maintain during the term all necessary consents,agreements and approvals from end-users,individuals or any other third parties for all actual or intended uses of information, data or other content Customer will use in connection with the Services; (d)use commercially reasonable efforts to prevent unauthorized access to,or use of, any User's log-in information and the Services,and notify CivicPlus promptly of any known unauthorized access or use of the foregoing;(e)use commercially reasonable efforts to prevent unauthorized access to or use of the Services and CivicPlus Property and shall promptly notify CivicPlus of any unauthorized access or use of the Services and/or CivicPlus Property and any loss or theft or unauthorized use of any n User's password or username and/or personal information;and(f)use the Services only in accordance with applicable laws and regulations. 20. The Parties shall comply with all applicable local,state,and federal laws,treaties,regulations,and conventions in connection with its use and provision of any of the Services or CivicPlus Property. 21. CivicPlus shall not be responsible for any act or omission of any third-party vendor or service provider that Customer has selected to integrate any of its Services with. 22. Customer understands that CivicPlus must fastidiously allocate resources across all of its customers and specifically reserves necessary resources for Customer's Project Development. If any professional services, such as consulting or training, purchased by Customer are not used during the Project Development phase solely due to the inaction or unresponsiveness of Customer, then these services shall expire 30 days after completion of Project Development. The Customer may re-schedule any unused professional services during this 30-day period as mutually agreed upon by the Parties. Any professional services that have not been used or rescheduled shall be marked as complete and closed upon the expiration of the 30-day period. Data Security 23. CivicPlus shall, at all times, comply with the terms and conditions of its Privacy Policy. CivicPlus will maintain commercially reasonable administrative, physical, and technical safeguards designed to protect the security and confidentiality of Customer Data.CivicPlus will not modify Customer Data or disclose Customer Data,except(a)in order to provide the Services;(b)to prevent or address service or technical problems in connection with support matters;(c)as specifically directed or expressly permitted in writing by Customer,(d) in compliance with our Privacy Policy; or(f)if compelled by law. Notwithstanding the foregoing, CivicPlus reserves the right to delete, suspend, or block known malicious accounts without Customer authorization.Customer understands that CivicPlus has no obligation to provide the Services or maintain the Customer Data,information or other material if Customer's accounts are past due and unpaid as set forth in this Agreement. 24. Customer acknowledges and agrees that CivicPlus utilizes third-party service providers to host and provide the Services and store Customer Data and the protection of such data will be in accordance with such third party's safeguards for the protection and the security and confidentiality of Customer's Data. Notwithstanding anything to the contrary, CivicPlus shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Customer Data and data derived therefrom),and CivicPlus will be free(during and after the term hereof)to use such information and data to improve and enhance the Services and for other development,diagnostic and corrective purposes in connection with the Services and other CivicPlus offerings. 25. CivicPlus may offer Customer the ability to use third-party applications in combination with the Services.Any such third-party application will be subject to acceptance by Customer. In connection with any such third-party application civicplus corn 1302 South 4"h Street, Suite 500 I Manhattan, KS 66502 1888-228-2233 155 Cp CIVICPLUS. agreed to by Customer,Customer acknowledges and agrees that CivicPlus may allow the third-party providers access to Customer Data as required for the interoperation of such third-party application with the Services.The use of a third-party application with the Services may also require Customer to agree to a separate agreement or terms and conditions with the provider of the third-party application,which will govern Customer's use of such third-party application. 26. In the event of a security breach due to the sole negligence,malicious actions,omissions,or misconduct of CivicPlus, CivicPlus,as the data custodian,will comply will all remediation efforts as required by applicable federal and state law. CivicPlus Support 27. CivicPlus will use commercially reasonable efforts to perform the Services in a manner consistent with applicable industry standards,including maintaining Services availability 24 hours a day,7 days a week with 99.9%uptime.Customer will have 24/7 access to the online CivicPlus Help Center(civicplus.help)to review use articles,software best practices, receive maintenance release notes,as well as submit and monitor omni-channel support tickets and access solution specific support contact methods(https://www.civicplus.help/hc/en-us/requests/new). 28. CivicPlus provides live support engineers based in the domestic United States to respond to basic questions concerning use and configuration, to diagnose software code-related errors, and proactively identify potential systems issues.CivicPlus support engineers serve a preliminary function in the agile development process and escalate defects to software developers or architects for remediation.For security purposes,CivicPlus support engineers are not permitted to modify user accounts, and permissions nor distribute access outside of accounts established by means of a support interaction for testing. Customer delegated Users may receive tutorials and guidance on account modifications but will perform the action themselves. 29. CivicPlus support hours span between the hours of 7 am to 7 pm CST, but may vary by product. Customer may access the CivicPlus Help Center(civicplus.help) to obtain each product's support hours.After hours support is available by toll-free phone call only.Non-emergency support requested outside of support hours will be subject to additional fees, such fees will be quoted to Customer at the time of the request and will be subject to Customer acceptance and invoiced the next business day following the non-emergency support.CivicPlus shall have the sole discretion to determine in good faith whether support requests qualify as an emergency,exceed reasonable use or are outside the scope of services outlined in any SOW. 30. If a reported problem cannot be solved during the first support interaction,Customer will be provided a ticket number that will be used as communication method throughout ticket escalation until a solution is provided.Support service does not include support for errors caused by third party products or applications for which CivicPlus is not responsible. Marketing 31. Customer hereby authorizes CivicPlus to include CivicPlus's name and logo inconspicuously within the Client's instance of the Services. Customer may publicly refer to itself as a customer of the CivicPlus Services, including on Customer's website and in sales presentations.Notwithstanding the foregoing,each Party hereby grants the other a limited, worldwide,license to use the other's logo in conformance with such Party's trademark usage guidelines and solely for the purposes of providing the Services.In no event will either Party issue a press release publicly announcing this relationship without the approval of the other Party,such approval not to be unreasonably withheld. civicplus.com 1302 South 4th Street, Suite 500 I Manhattan, KS 66502 1888-228-2233 156 Cp CIVICPLUS. Limitation of Liability 32. CivicPlus' liability arising out of or related to this Agreement,or any associated SOW,will not exceed the amounts paid by Customer for the Annual Recurring Services in the year prior to such claim of liability. 33. In no event will CivicPlus be liable to Customer for any consequential, indirect, special, incidental, or punitive damages arising out of or related to this Agreement. 34. The liabilities limited by Section 32 and 33 apply:(a)to liability for negligence;(b)regardless of the form of action, whether in contract,tort,strict product liability,or otherwise;(c)even if Customer is advised in advance of the possibility of the damages in question and even if such damages were foreseeable;and(d)even if Customer's remedies fail of their essential purposes. If applicable law limits the application of the provisions of this Limitation of Liability section, CivicPlus' liability will be limited to the maximum extent permissible. Warranties and Disclaimer 35. Each person signing the SOW,or otherwise agreeing to the terms of this Agreement,represents and warrants that he or she is duly authorized and has legal capacity to execute and bind the respective Party to the terms and conditions of the SOW and this Agreement.Each Party represents and warrants to the other that the execution and delivery of the SOW and the performance of such Party's obligations thereunder have been duly authorized and that this Agreement is a valid and legal agreement binding on such Party and enforceable in accordance with its terms. Customer represents and warrants that Customer has not provided any false information to gain access to the Service and that Customer's billing information provided on the Contact Sheet is correct;and it has all necessary rights in the Customer Content to permit Customer's use of the Service and to grant the licenses contained in this Agreement without infringing the intellectual property or other rights of any third parties,violating any applicable laws,or violating the terms of any license or agreement to which it is bound. 36. CivicPlus warrants that the Services will perform substantially in accordance with documentation and marketing proposals,and free of any material defect.CivicPlus warrants to the Customer that,upon notice given to CivicPlus of any defect in design or fault or improper workmanship,CivicPlus will remedy any such defect.CivicPlus makes no warranty regarding,and will have no responsibility for,any claim arising out of:(i)a modification of the Services made by anyone other than CivicPlus, even in a situation where CivicPlus approves of such modification in writing; or(ii) use of the Services in combination with a third-party service,web hosting service,or server not authorized by CivicPlus. 37. The Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by CivicPlus or by third-party providers,or because of other causes beyond CivicPlus's reasonable control, but CivicPlus shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, SERVICE PROVIDER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES.EXCEPT FOR THE EXPRESS WARRANTIES IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS AND CIVICPLUS HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS,IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A PRIOR COURSE OF DEALING. 38. EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES.THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY CIVICPLUS TO CUSTOMER AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN civicplus.com 302 South 4th Street, Suite 500 Manhattan, KS 66502 888-228-2233 157 Cp CIVICPLUS. THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. Force Majeure 39. No party shall have any liability to the other hereunder by reason of any delay or failure to perform any obligation or covenant if the delay or failure to perform is occasioned by force majeure,meaning any act of God,storm,pandemic, fire, casualty,unanticipated work stoppage,strike,lockout,labor dispute,civil disturbance,riot,war,national emergency, act of public enemy, internet service provider failure or delay,third party application failure,denial of service attack,or other cause of similar or dissimilar nature beyond its control. Taxes 40. The amounts owed for the Services exclude,and Customer will be responsible for,all sales,use,excise,withholding and any other similar taxes,duties and charges of any kind imposed by any federal,state or local governmental entity in connection with the Services (excluding taxes based solely on CivicPlus's income). If the Customer is tax-exempt,the Customer must provide CivicPlus proof of their tax-exempt status,within fifteen (15)days of contract signing, and the fees owed by Customer under this Agreement will not be taxed.If such exemption certificate is challenged or held invalid by a taxing authority then Customer agrees to pay for all resulting fines,penalties and expenses. Other Documents 41. This Agreement, including all exhibits, amendments, and addenda hereto and all SOWs, constitutes the entire agreement between the Parties and supersedes all prior and contemporaneous agreements,proposals or representations, written or oral,concerning its subject matter.No modification,amendment,or waiver of any provision of this Agreement or any SOW will be effective unless in writing and signed by each Party. However, to the extent of any conflict or inconsistency between the provision in the body of this Agreement and any exhibit,amendment,or addenda hereto or any SOW,the terms of such exhibit,amendment,addenda or SOW will prevail.Notwithstanding any language to the contrary therein,no terms or conditions stated in a Customer purchase order or other order documentation(excluding SOWs)will be incorporated into or form any part of this Agreement, all such terms or conditions will be null and void,unless such term is to refer and agree to this Agreement. Interlocal Purchasing Consent/ Cooperative Purchasing 42. With the prior approval of CivicPlus,which may be withheld for any or no reason within CivicPlus's sole discretion, this Agreement and any SOW may be extended to any public entity in Customer's home-state to purchase at the SOW prices and specifications in accordance with the terms stated herein. 43. To the extent permitted by law,the terms of this Agreement and set forth in one or more SOW(s)may be extended for use by other local government entities upon execution of a separate agreement,SOW,or other duly signed writing by and between CivicPlus and such entity,setting forth all of the terms and conditions for such use,including applicable fees and billing terms. civicplus.com 302 South 4th Street, Suite 500 Manhattan, KS 66502 888-228-2233 158 Cp CIVICPLUS. Miscellaneous Provisions 44. The invalidity or unenforceability,in whole or in part,of any provision of this Agreement shall not void,affect the validity or enforceability of any other provision of this Agreement. 45. The Parties negotiated this Agreement with the opportunity to receive the aid of counsel and, accordingly, intend this Agreement to be construed fairly,according to its terms,in plain English,without constructive presumptions against the drafting Party.The headings of Sections of this Agreement are for convenience and are not to be used in interpreting this Agreement.As used in this Agreement,the word"including"means"including but not limited to." 46. The Parties will use reasonable,good faith efforts to resolve any dispute between them in good faith prior to initiating legal action. 47. This Agreement and any SOW,to the extent signed and delivered by means of a facsimile machine or electronic mail, shall be treated in all manner and respects as an original agreement or instrument and shall be considered to have the same binding legal effect as if it were the original signed version thereof delivered in person.The Parties agree that an electronic signature is the legal equivalent of its manual signature on this Agreement and any SOW. The Parties agree that no certification authority or other third party verification is necessary to validate its electronic signature and that the lack of such certification of third party verification will not in any way affect the enforceability of the Parties'electronic signature or any resulting agreement between CivicPlus and Customer. 48. Due to the rapidly changing nature of software as a service and digital communications,CivicPlus may unilaterally update this Agreement from time to time.In the event CivicPlus believes such change is a material alteration of the terms herein, CivicPlus will provide Customer with written notice describing such change via email or through its website. Customer's continued use of the Services following such updates constitutes Customer's acceptance of the same. In the event Customer rejects the update to the terms herein,Customer must notify CivicPlus of its objection within ten(10)days receipt of notice of such update. civicplus.com 1302 South 4th Street, Suite 500 I Manhattan, KS 66502 1888-228-2233 159 Matter No. 24-0072 ADDENDUM TO CIVICPLUS AGREEMENT The terms and conditions of this Addendum shall exceed the cost allowed by law. All records stored govern and control the terms and conditions of the electronically must be provided to the City,upon request, CivicPlus Master Services Agreement for the City's in a format that is compatible with the information purchase pursuant to the Statement of Work,Quote No.Q- technology systems of the City. Upon completion of the 64684-1 dated February 16,2024,by and between the City contract, Vendor shall transfer, at no cost, to the City all of Boynton Beach ("City") and CivicPlus, LLC public records in possession of Vendor and shall destroy Vendor") executed simultaneously herewith any duplicate public records that are exempt or confidential collectively the"Agreement"). In the event of any conflict and exempt from public records disclosure requirements. between the Agreement, and for all purposes of Vendor shall ensure that public records that are exempt or construction, the terms and conditions of this Addendum confidential and exempt from public records disclosure are shall govern and control the parties. not disclosed. Records that are exempt or confidential and exempt from public records disclosure requirements may 1.Payment. Payment of all fees and charges will be made include plans,drawings and records related to the physical within 45 days of receipt of a proper invoice in accordance security of City buildings or security systems and shall not with the Local Government Prompt Payment Act, Section be disclosed by Vendor, except as authorized by law and 218.70,et al.,Florida Statutes,as amended,which provides specifically authorized by City Failure of the Vendor to prompt payment, interest payments, a dispute resolution provide public records to the City within a reasonable time process and payments for all purchases be made in a timely or allowable cost may be subject to penalties under Sec. manner for properly executed invoices by local 119.10,Fla.Stat.,and may be cause for termination of the governmental entities. Contract by the City, in addition to any other remedies available under the Contract or by law. 2.Subscription Terms and Renewals. This Agreement shall be for an initial term of one (1) year commencing IF THE VENDOR HAS QUESTIONS upon the date of execution of this Agreement. This REGARDING THE APPLICATION OF Agreement shall automatically renew for additional one(1) CHAPTER 119, FLORIDA STATUTES, TO year terms subject to the termination provisions in THE VENDOR'S DUTY TO PROVIDE Paragraph 3, Termination and Paragraph 11, Non- Appropriation of this Addendum. PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CITY CLERK, 3.Termination. The City shall have the right to terminate WHO IS THE CITY'S CUSTODIAN OF this Agreement,in whole or in part without cause,and for PUBLIC RECORDS,AT: its convenience, upon thirty (30) days written notice to Vendor.Office of the City Clerk City of Boynton Beach 4.Non-Discrimination. In performing under this 100 East Ocean Avenue Agreement, Vendor shall not discriminate against any Boynton Beach,FL 33401 person because of race,color,religion,sex,gender identity 561-742-6061 or expression, genetic information, national origin, age, Ci Clerk bbfl.us.familial status,marital status or sexual orientation. ty 5. Public Records.Vendor shall comply with Chapter 111, 6. Sovereign Immunity. Except to the extent sovereign Florida Statutes, regarding public records. Vendor shall immunity may be deemed waived by entering into this keep and maintain all documents,records,correspondence, Agreement, nothing herein is intended to serve as a computer files,emails,and/or reports prepared in order to waiver of sovereign immunity by City nor shall anything perform the work under this Contract. A request to inspect included herein be construed as consent by City to be or copy public records relating to this Contract must be sued by third parties in any matter arising out of this made directly to the City.If the City does not possess the Agreement. requested records, the City shall immediately notify the Vendor of the request, and the Vendor shall provide the 7. Discriminatory Vendor and Scrutinized Companies records to the City or allow the records to be inspected or Lists: Countries of Concern. Vendor represents that it has copied within a reasonable time at the cost that would not not been placed on the "discriminatory vendor list" as CivicPlus Addendum 3.11.24 1 160 provided in Section 287.134,Florida Statutes,and that it is exempt entity. The City agrees to provide proof of its not a"scrutinized company"pursuant to Sections 215.473 exempt status upon request from Vendor. or 215.4725, Florida Statutes. Vendor represents and certifies that it is not,and for the duration of the Term will 11.Non-Appropriation of Funding. This Agreement is not be, ineligible to contract with City on any of the expressly conditioned upon the availability of funds grounds stated in Section 287.135, Florida Statutes. lawfully appropriated and available for the purposes set out Vendor represents that it is, and for the duration of the herein as determined in the sole discretion of the City. If Term will remain, in compliance with Section 286.101, funding for this Agreement is in multiple fiscal years,funds Florida Statutes. must be appropriated each year prior to costs being incurred. Nothing in this paragraph shall prevent the 8. Verification of Employment Eligibility. Vendor making of contracts with a term of more than one year,but represents that Vendor and each subcontractor have any contract so made shall be executory only for the value registered with and use the E-Verify system maintained by of the services to be rendered or paid for in succeeding the United States Department of Homeland Security to fiscal years. In the event funds to finance this Agreement verify the work authorization status of all newly hired become unavailable, the City may terminate this employees in compliance with the requirements of Section Agreement upon no less than twenty-four (24) hours' 448.095, Florida Statutes, and that entry into this notice to Vendor. The City shall be the sole and final Agreement will not violate that statute.If Vendor violates authority as to the availability of funds. Notwithstanding this section, City may immediately terminate this the foregoing, the City shall remain responsible for Agreement for cause and Vendor shall be liable for all costs payment of any outstanding invoices or fees rendered by incurred by City due to the termination. Vendor prior to its receipt of such notice. 9. Public Entity Crimes Act. Vendor represents that it is 12.Controlling Provisions. Except as otherwise familiar with the requirements and prohibitions under the specifically provided herein, in the event of any conflict Public Entity Crime Act,Section 287.133,Florida Statutes, between the specific provisions of this Addendum and and represents that its entry into this Agreement will not Vendor's Agreement, the provisions shall be given violate that Act. Vendor further represents that there has precedence in the following order:(1)this Addendum and been no determination that it committed a "public entity (2) Vendor's Agreement. Wherever possible, the crime"as defined by Section 287.133,Florida Statutes,and provisions of the documents shall be construed in such that it has not been formally charged with committing an manner as to avoid conflicts between provisions of the act defined as a "public entity crime" regardless of the various documents. amount of money involved or whether Vendor has been placed on the convicted vendor list. 10.Taxes. The parties recognize that the City is a tax IN WITNESS WHEREOF,the parties hereto have made and executed this Addendum as of the day and year indicated below. VENDOR CIVICPLUS,LLC CITY OF BOY'NTON BEACH 2.444124 By: — Daniel Dugger,City Man er Name: Amy Vikander N e • V.Date: 'A t 4.i•.• ••'9c Title: Senior VP of Customer Success E{ •,y 4. Attes cY AClerk v q ZQ f Ap• ,ove d Alio form: p CivicPlus Addendum 0% 3.11.24 I/ iS / I,r Shaw G. Lamb /0, t°/71eie- City attorney 161 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 7/9/2025 Alliant Insurance Services,Inc. 32 Old Slip 29th Fl New York NY 10005 Tyler Takahashi Tyler.Takahashi@alliant.com National Fire Insurance Compan 20478 INSIPAR-02 Continental Insurance Company 35289CivicPlus,LLC and its direct and indirect subsidiaries (Refer to Named Insured Schedule) 302 S.4th Street Suite 500 Manhattan KS 66502 Endurance American Specialty I 41718 1075685277 A X 1,000,000 X 1,000,000 15,000 1,000,000 2,000,000 X X 7092029663 5/17/2025 5/17/2026 2,000,000 A 1,000,000 X X X 7092022602 5/17/2025 5/17/2026 B X X 5,000,00070920301205/17/2025 5/17/2026 5,000,000 X 10,000 B A X N 7092032580 7092031056 5/17/2025 5/17/2025 5/17/2026 5/17/2026 1,000,000 1,000,000 1,000,000 C Cyber/Tech E&O CTO30087537300 5/17/2025 5/17/2026 Each Claim Limit Aggregate Limit Retention $5,000,000 $5,000,000 $100,000 The deductibles/Self Insured Retentions are $0 for those policies not specified above. WC -7092032580 -CA WC -7092031056 -AOS Boynton Beach 100 E Ocean Ave, Boynton Beach,FL 33435 162 7 of 89 Additional Named Insured: Policy# 7092029663 Eff Date: 05/17/25 Exp Date: 05/17/26 1 CP PATTI, LLC 2 CP PIK DEBT ISSUER, LLC 3 CVP PLUS, INC 4 NEXTREQUEST LLC 5 CP PATTI PLEDGOR, LLC 6 SEECLICKFIX, LLC 7 CIVICPLUS, LLC 8 ARCHIVESOCIAL, LLC 9 AS LEM TOPCO, INC. 10 MUNICODE LLC 11 CVP INTERMEDIATE, INC 12 AGENDA PAL, LLC 13 MUNICIPAL CODE ONLINE, LLC 163 City of Boynton Beach Agenda Item Request Form 7.B Consent Bids and Purchases 08/19/2025 Meeting Date: 08/19/2025 Proposed Resolution No. R25-220- Approve an agreement between the City of Boynton Beach and The Knot Worldwide, Inc. a global premiere company that provides products and services for couples who are planning weddings and other life milestones. Requested Action: Staff recommends approval of Proposed Resolution No. R25-220. Explanation of Request: The Arts & Culture Department desires to continue promoting the Historic Woman’s Club on the well-known global marketing platforms (The Knot Worldwide and The Wedding Wire) as an ideal rental venue for couples, families, and individuals seeking a unique century-old gem to celebrate life’s milestones. The agreement includes an indemnification clause, which needs to be approved by the City Commission. How will this affect city programs or services? The City programs or services will be exponentially magnified due to the high caliber of interest generated from using this sought after platform to inquire about wedding and/or celebratory rental venues. Budgeted Item: Yes Account Line Item and Description: 001-2715-573-49-17 (Other Contractual Services) Fiscal Impact: This item is budgeted within with Arts & Culture Department. The total cost is $7,570.20 Attachments: R25-220 Agenda_Item_3437-2025_Resolution_Addendum_The_Knot_Worldwide__Inc..docx Knot agmt.pdf TKWW-City_of_Boynton_Beach_Addendum 2025-26.pdf 164 RESOLUTION NO. R25-220 1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 2 BEACH, FLORIDA, APPROVING AN AGREEMENT WITH THE KNOT 3 WORLDWIDE, INC. TO CONTINUE PROMOTING THE HISTORIC 4 WOMAN’S CLUB AS A RENTAL VENUE; AND FOR ALL OTHER 5 PURPOSES. 6 7 WHEREAS, The Knot Worldwide, Inc. is a company that provides products and services for 8 couples who are planning weddings and other life milestones; and 9 WHEREAS, the Arts & Cultural Department desires to continue promoting the Historic 10 Woman’s Club on The Knot Worldwide and The Wedding Wire as a rental venue; and 11 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 approve the Agreement with The Knot 13 Worldwide, Inc. to continue promoting the Historic Woman’s Club as a rental venue. 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 an Agreement between The Knot Worldwide, Inc., and the City to continue promoting 20 the Historic Woman’s Club as a rental venue (the “Agreement”), in form and substance similar to 21 that attached as Exhibit A. 22 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 23 authorizes the City Manager to execute the Agreement. The City Manager is further authorized 24 to execute any ancillary documents required under the Agreement or necessary to accomplish the 25 purposes of the Agreement. 26 SECTION 4. The City Clerk shall retain the fully executed Agreement as a public record 27 of the City. A copy of the fully executed Agreement shall be provided to Kelly Armstead to forward 28 to The Knot Worldwide, Inc. 29 SECTION 5. This Resolution shall take effect in accordance with the law. 30 31 165 RESOLUTION NO. R25-220 PASSED AND ADOPTED this ______________ day of ______________________________ 2025. 32 CITY OF BOYNTON BEACH, FLORIDA 33 YES NO 34 Mayor – Rebecca Shelton _____ _____ 35 36 Vice Mayor – Woodrow L. Hay _____ _____ 37 38 Commissioner – Angela Cruz _____ _____ 39 40 Commissioner – Thomas Turkin _____ _____ 41 42 Commissioner – Aimee Kelley _____ _____ 43 44 VOTE ______ 45 ATTEST: 46 47 _____________________________ ______________________________ 48 Maylee De Jesús, MPA, MMC Rebecca Shelton 49 City Clerk Mayor 50 51 APPROVED AS TO FORM: 52 (Corporate Seal) 53 54 _______________________________ 55 Shawna G. Lamb 56 City Attorney 57 58 166 TKWW Acceptance of the service form Date : \d1\ by The Knot Worldwide Inc. SPECIFIC CONTRACT CONDITIONS Sales Rep Start date of contract 5/30/2025 End date of contract 5/29/2026 Sales Rep Julissa Alhorani (jalhorani@theknotww.com) Phone Vendor Details Vendor The Historic Woman's Club of Boynton Beach Contact Person Daniel Dugger - Phone: +15617426284 Email Address armsteadk@bbfl.us SERVICES Months Business Market / Category Products Cost 5/30/2025 - 5/29/2026 The Historic Woman's Club of Boynton Beach Venue Florida - Miami, Ft. Lauderdale, West Palm Beach Region Professional (Venue) - TK $2,923.80 5/30/2025 - 5/29/2026 The Historic Woman's Club of Boynton Beach Venue Florida - Miami, Ft. Lauderdale, West Palm Beach Region Professional (Venue) - WW $2,923.80 5/30/2025 - 5/29/2026 The Historic Woman's Club of Boynton Beach Venue City Boynton Beach City Level Listing Professional - WW $990.00 5/30/2025 - 5/29/2026 The Historic Woman's Club of Boynton Beach Venue Type - Historic Weddings Florida - Miami, Ft. Lauderdale, West Palm Beach Region Venue Type Professional - WW $732.60 PAYMENT CONDITIONS TOTAL ORDER Billing type Single Invoice Price $7,570.20 Payment type Check Notes Method of payment PIF Docusign Envelope ID: 08FDC836-BD77-46EE-9BFB-4190087C4C71 167 TKWW COMMENTS SIGNATURE Signature \s1\ Name and Date \n1\ \d1\ The client, by signing this document, expresses their acceptance of the general conditions attached. Docusign Envelope ID: 08FDC836-BD77-46EE-9BFB-4190087C4C71 Daniel Dugger 168 TKWW GENERAL CONDITIONS OF THE CONTRACT THE KNOT WORLDWIDE INC. TERMS OF PURCHASE The following terms (this "Terms of Purchase"), along with any Specific Contract Conditions form attached herein or any order form accepted by Customer or entered into between the parties ("Order Form"), the Terms of Use located at https://www.weddingwire.com/corp/legal/terms-of-use (for WeddingWire products and services) and https://www.theknot.com/terms-and-conditions (for The Knot products and services) (collectively, the "Terms of Use"), and Privacy Policies located at https://www.weddingwire.com/corp/legal/privacy-policy (for WeddingWire products and services) and https://www.theknot.com/privacy-policy (for The Knot products and services) (collectively, the "Privacy Policy," collectively with the Order Form, Terms of Use and this Terms of Purchase, the "Agreement"), shall be effective upon the business or individual entering into any purchase or execution and/or completion of the purchase process by the business or the individual purchasing goods or services ("Customer," "Advertiser," or "you") from The Knot Worldwide Inc. or its affiliates (hereinafter collectively, "TKWW," "we," or "us") pursuant to these Terms of Purchase and shall govern the relationship between TKWW and Customer. ACCEPTANCE. Customer may purchase products and/or services hereunder in a variety of ways including, without limitation: (i) self-service checkout; (ii) email sales quote; (iii) providing a credit card while on the phone with a TKWW sale representative; or (iv) a signed Order Form. Unless otherwise accepted earlier, acceptance of this Agreement will be made upon the earlier of (a) written or electronic signature or acceptance of an Order Form, order or services summary, quote, or similar form or contract by Customer; (b) Customer's submission or verification of any advertising or listing/storefront content; and (c) the first display of an advertisement or performance or delivery of the service or other deliverables, unless otherwise agreed upon in the Order Form. Customer's acceptance as provided above indicates that: (i) the information in the Order Form is accurate; (ii) Customer has read, understands and accepts the terms and conditions of this Agreement; and (iii) if not manually signing, Customer adopts this electronic process in lieu of manually signing the Order Form. By completing the purchase transaction, Customer agrees to the terms of this Agreement and agrees to pay for the products and services provided by TKWW with a valid credit card or check payment or other forms of payment accepted by TKWW. Customer may not change the form of payment without TKWW's consent. Payment shall be made in U.S. Dollars unless otherwise specified in your ordering documents. TERM AND RENEWAL. All storefront services, including your purchase of Spotlight, Featured, and Professional Memberships on the Knot and/or WeddingWire (collectively, "Local Listing Services") and any Add-On Services (as defined below), are entered into as a subscription service and, except as otherwise provided herein, require an initial minimum commitment by Customer of at least twelve (12) months from the contract start date ("Local Listing Subscription"). The term of your Agreement with TKWW (including the Local Listing Subscription), in relation to the products offered, will last for the term specified herein, unless otherwise specified in your Order Form (the "Term"). Even if we give you the option to divide payments for the Term over multiple payment periods, this Agreement is a commitment to purchase one full Term of that membership, subject to the terms of the TERMINATION section, below. Following the expiration of the Term, each Local Listing Subscription will renew automatically for the same length of time as the then-current Term unless Customer provides not less than five (5) business days' written notice of non-renewal prior to the expiration of the then-current Term by email to support@weddingpro.com. If the Order Form states that the Local Listing Subscription does not auto-renew such Local Listing Subscription will only be renewed at the then-current term if agreed upon by Customer in writing. TERMINATION. At any time following the completion of the initial Term of at least twelve (12) months of Customer's Local Listing Subscript ion, any Local Listing Subscription or Add-On Subscription may be terminated by Customer on written notice to be received no less than five (5) business days prior to your "Billing Date" (the day of the month on which you are billed, regardless of your payment schedule (monthly, quarterly, etc.), with such termination to be effective on that Billing Date. Notwithstanding the foregoing, nothing herein shall limit Customer’s obligations to pay: (i) for all products and/or services provided by TKWW through the effective date of termination of this Agreement, and (ii) all amounts owed or which become due pursuant to the NONPAYMENT section below. If notice is not received at least five (5) business days prior to the next Billing Date, the termination will not be effective until the next monthly Billing Date. TKWW may terminate this Agreement: (i) upon thirty (30) days written notice to Customer, provided that in the event of such termination for convenience, TKWW will refund moneys paid in advance for Services not provided to Customer prior to the effective date of such termination, and (ii) for cause as determined by TKWW, upon five (5) days written notice to Customer of a breach of this Agreement, including, without limitation, if Customer provides, as determined by TKWW in its sole discretion, products and/or services that are competitive to TKWW or its affiliates. REVIEWS CONTENT. In the event of any termination or expiration of this Agreement, TKWW shall retain the right to keep any and all reviews of Customer posted on TKWW’s digital properties including websites and mobile applications (collectively the "Site") as well as basic directory information of Customer associated with such reviews, including without limitation, business name, address, and telephone number. Without limiting the foregoing or anything else in the Agreement, Customer agrees and acknowledges that it shall have no right to have user reviews or Customer’s responses thereto removed from the Site during or after the Term of the Agreement except to the extent such right is expressly set forth in any applicable TKWW vendor review policy which may then be in effect. DISCOUNTS & RATES CHANGES. Any discounts or promotional rates for Local Listing Subscriptions and corresponding Add-On Services are only guaranteed for the initial Term of the contract (e.g. twelve (12) months). If an Add-On Subscription (as defined below) is added in the middle of the Term of the base Local Listing Subscription, any agreed-upon discounts or promotional rates for the Add-On Subscription (as defined below) will extend for not more than one renewal term for the base Local Listing Subscription but only if mutually agreed upon by the parties in writing. After the initial 12-month Term, TKWW may, at its unilateral discretion, increase rates for any and all services, including for previously discounted or promotional rates or otherwise. TKWW will provide written notice in a form and means elected by TKWW for any rate increase above five percent (5%) annually including notice in the form of monthly billing that includes the increased rates in effect for the previous month. Please note that in addition to the amounts payable as provided above with respect to basic Local Listing Services and Add-Ons, if discounts were applied in connection with any terminated service (including, without limitation, any service discounted as part of a bundle), upon termination of any such service, TKWW reserves the right to discontinue such discounts and to charge increased future rates. To the extent you buy a TKWW bundled product that is discounted, you agree that you may not terminate only one of the products in the bundle. Customer may only terminate the entire bundle in a manner authorized under the TERMINATION section under the Agreement. Repurchase of only a part of a bundled product may result in the loss of any discounts associated with a bundled product. ADD-ON SERVICES, GENERALLY. All additional internet services sold with local listings beyond base Local Listing Services, including: (a) Secondary Local Listing Services (a secondary regions or category outside of the defined primary Local Listing product (region or category)); (b) Buzz Badges; (c) Banner Ads; and (d) Local Homepage Badge, Event Listings, Local Deals (collectively "Add-Ons" or Add-On Services") will be based on the pricing set forth in this Agreement, and otherwise on the same terms and conditions as the Local Listing Subscription, including with respect to the term length, renewals, and payment date(s), and will be cancelable under the same terms as in the Local Listing Subscription termination paragraph (e.g., must have completed twelve (12) months of the Local Listing Subscription). A subscription for Add-On services will be known as an "Add-On Subscription." OTHER, SEPARATE PRODUCTS NOT SOLD WITH LOCAL LISTINGS OR ADD-ON PRODUCTS. Best of Wedding services. All Best of Wedding (BOW) services will follow the dates of the Best of Wedding annual program and cannot be cancelled or terminated once purchased. ADVERTISEMENT CREATIVE AND DESIGN MAINTENANCE RESPONSIBILITY. Internet. If TKWW is to create the advertisement or other deliverables, or if Customer is to provide advertising or service components (in full or in part) to TKWW, then Customer agrees that it will provide the necessary information to meet the applicable deadlines and perform the services as outlined in the Order Form. This information (including but not limited to text, pictures, graphics, sound, video, programming code, URLs , Internet links and other data to perform such service) must be provided to TKWW on or before the due date(s) established by TKWW, but in no case less than five (5) days prior to launch date of said advertisement or service. If Customer postpones any advertisement or service, fails to provide necessary Customer information or approvals (in a timely manner) or fails to comply with TKWW's production specifications or schedule, and such failure prohibits TKWW Docusign Envelope ID: 08FDC836-BD77-46EE-9BFB-4190087C4C71 169 TKWW from meeting its launch deadlines, there will be no reduction in the amount owed to TKWW and TKWW shall not be obligated to provide Customer any "make good" or Term extension or otherwise provide alternative services, and TKWW does not guarantee the start date of the Term. In such cases, and where the Listing Subscription or Add-On Subscription consists of multiple components, TKWW reserves the right to reallocate the value of the delayed or failed component to other components to be published, displayed or performed during the Term. Usage of Material. All advertisements created by TKWW are for the sole purpose of promoting Customer's products or services to TKWW's audience and may not be replicated, distributed or promoted without the prior written approval of TKWW. Ad Proof. TKWW will provide a maximum of three proofs or revisions for an advertisement or service, which consists of the original submission of the advertisement or product plus two revisions. TKWW may provide additional proofs or proofs for custom content at its published rate for such work as may be in effect from time to time or as specified in the Order Form. Upon TKWW's provision of a proof or revision to Customer or notification to Customer that the advertisement has been published, Customer has two (2) business days to provide corrections to TKWW's proof or revision. If Customer has not contacted TKWW within two (2) business days after notification by TKWW, it is agreed by Customer that the proof or revision is in acceptable form and may be published without further revision. License. To the extent owned (or licensed) by Customer, Customer hereby grants to TKWW a non-exclusive, royalty-free, worldwide license (or sub- license) to use, reproduce, distribute, create derivative works of, modify, translate, communicate to the public, publicly perform, publicly display and digitally perform such advertisement or service and all constituent parts. Any advertisement or service created in whole or in part by TKWW shall be owned by, and all rights therein are hereby reserved to, TKWW. Approval of Advertisement and Service. TKWW reserves the right to reject advertisements and services at its sole discretion. All advertisements and services must satisfy the advertising criteria or specifications of TKWW and the sites, mobile or other properties, or publications in which the advertisement or services are to appear, including, but not limited to, content limitations, technical specifications, privacy policies, website or mobile terms of use, standards regarding obscenity or indecency, and other content or advertising policies (collectively, "Policies"), as well as any applicable law, regulation, judicial or administrative order. Without limiting the foregoing, a Customer may only advertise one Customer brand and location per advertisement (e.g., no group advertising, or advertising multiple brands or locations in one storefront, advertising any third-party brand, etc.). Removal of Advertisement. With respect to any advertisement or service, or any site or mobile or other property, to which an advertisement or service is linked, TKWW reserves the right to remove such advertisement or service at its sole discretion that (a) does not comply with the Policies or any applicable law, regulation or judicial or administrative order; (b) brings or may tend to bring disparagement, ridicule or scorn upon TKWW; or (c) has not been paid for in accordance with this Agreement. TKWW ADVERTISING NETWORKS. TKWW works with a number of third parties to help provide advertising services. There is no guarantee that during the Term any third-party advertisers will remain the same. Third party advertisers may be added or removed at any time without notice to Customer. PRODUCT UPGRADES AND CHANGES. TKWW is constantly reviewing, testing and evolving its product and service offerings to strive to provide its customers and users with the best suite of options available. TKWW retains the right to revise, reduce, add to, or change its product and/or service offerings, including the tools made available to you, at any time without notice, in our sole discretion, for any reason, including without limitation to comply with any applicable law or regulation or to change TKWW’s suite or products and/or services. Such changes may include, without limitation, the operation of our products and services, including the order and manner in which advertisements appear on them, the way that services are delivered, and the way customers are charged for services. You agree that we may test, implement, remove or modify features of our products and services at any time without notice. TKWW makes no guarantees, representations or warranties with respect to the outcome or results of its product and service offerings. Customer acknowledges and agrees that it is responsible for the payment of amounts due under this Agreement irrespective of the changes or evolution of its products and services that may occur throughout the Term. LIMITATION ON SPACE. TKWW reserves the right to limit the amount of space afforded to any one customer or any category of advertising (whether by product line or motif) appearing in any of its websites, mobile or other properties, and publications. ADDITIONAL AGREEMENTS. You hereby agree to abide by and be subject to the Terms of Use and Privacy Policy as they are posted on the Site and as they may be unilaterally amended from time to time by TKWW. OTHER AGREEMENT AND ACTIVITIES. Nothing set forth in this Agreement shall restrict TKWW from (a) entering into agreements with other customers, whether or not competitive with Customer (unless otherwise specified in the Agreement); and/or (b) engaging in any activity, including, without limitation, selling goods and/or providing services of any kind whatsoever. MODIFICATION OF PROPERTIES. TKWW reserves the right to redesign or modify, or cause the redesign or modification of, the organization, structure or "look and feel" of its websites, mobile and other properties, and publications, the policies and any services provided hereunder, at any time without notice. MODIFICATION OF PUBLICATIONS AND SERVICES. TKWW reserves the right to add, modify or discontinue services or publications at any time by providing notice to Customer, notwithstanding any commitment required by Customer hereunder. In such cases, TKWW may cancel any or all of the services it has agreed to provide under this Agreement at any time, in its sole discretion. Any added or modified service shall not give rise to any right of cancellation or termination in favor of Customer or any other remedy. REMEDY FOR UNDER-DELIVERY. TKWW cannot guarantee to Customer a specific date of publication. Should TKWW fail to provide the advertisement, services or other deliverables as set forth in the Agreement, Customer's sole and exclusive remedy shall be to have TKWW deliver the advertisement, service or other deliverables as soon as commercially reasonable. In no event will any sums paid to TKWW be refundable for any reason except as otherwise provided in this Agreement. USAGE STATISTICS. If TKWW provides Customer with usage statistics, they will be in a format determined by TKWW. Advertiser may not distribute or disclose usage statistics to any third party without TKWW's prior written consent. TKWW does not guarantee the accuracy, reliability or completeness of any usage statistics. In no event shall TKWW assume any liability to Customer for usage statistics provided to TKWW by third parties. If Customer requires, and TKWW agrees to provide, any usage statistics or other reports that TKWW does not currently provide to customers in the ordinary course of business, TKWW will use commercially reasonable efforts to provide such information, provided that the terms for TKWW's providing such reports shall include at least five (5) business days turn-around period for the provision of such usage statistics or reports. CUSTOMER RESPONSIBILITIES REGARDING OTHER SERVICES. Customer is responsible for operation of any tools or services provided by TKWW to Customer, including keeping current its business and contact information, sending information and responding to client or prospective clients. TKWW is not responsible for the content of any contracts, communications, or interactions (the "Interactions") between Customer and its clients using TKWW-provided tools or services and shall have no liability for such Interactions. Further, TKWW is not responsible for any losses Customer may incur as a result of relying on information provided to Customer by its clients or other third parties, whether or not such information was provided via the Site and even if TKWW was advised of the possibility of such losses. LEAD LISTS. Customer agrees that any list of leads (or other prospect information) ("Leads") delivered to Customer shall be used solely for the purpose of marketing Advertiser's products to such Leads and not for any other use or by any other entity or business without the prior written consent of TKWW. Customer further agrees that it will neither solicit nor allow others to solicit any Leads with promotional material of businesses other than Customer. Customer acknowledges that names and dates on Leads lists are the sole property of TKWW and Customer hereby agrees not to disclose, sell or make known the names and dates on any such Leads list to any third party. Customer further agrees not to use names on any Leads list for bridal shows or other special events in which non-advertisers participate without the prior written consent of TKWW. Customer will not subject any person named on any Leads list to any form of high-pressure sales tactics or otherwise use Leads information in violation of applicable law, rule, regulation or industry standard. Any breach of this provision shall be considered a material breach of this Agreement and will entitle TKWW to terminate this Agreement in accordance with the Termination provisions contained herein. Advertiser acknowledges that the Leads are provided to Advertiser "as- is," and that TKWW will have no liability to Advertiser or any of its affiliated companies, licensees, customers, marketing partners, or other third parties concerning the information (including the accuracy thereof) contained in the Leads. Advertiser represents, warrants and covenants that it will treat the Leads as Confidential Information (defined below) of TKWW, not disclose the Leads and information therein to any third party, use the Leads solely for the purposes described herein, and to transmit, store, and otherwise handle the Leads and information contained therein pursuant to applicable law, rule, regulations and industry standard. Without limiting the foregoing, Advertiser will destroy the Leads (including, without limitation, purging the Leads Docusign Envelope ID: 08FDC836-BD77-46EE-9BFB-4190087C4C71 170 TKWW from its systems) immediately upon completion of the applicable permitted use (and in no event later than five (5) days following the completion of such use). Advertiser acknowledges and agrees that due to the unique nature of the Leads, money damages would be insufficient to remedy any breach of its obligations hereunder, and that breach of this letter would result in irreparable harm to TKWW, and therefore, that upon any such breach or any threat thereof, TKWW will be entitled to obtain appropriate equitable relief in addition to whatever remedies it might have at law (without being required to post a bond or other security, which requirement Advertiser hereby agrees to waive). CHANGING ACCOUNTS AND/OR UPGRADING OR ADDING PRODUCTS & SERVICES. Customer may add or upgrade additional products and/or services at any time by contacting Customer's TKWW account manager. Only individuals who are authorized users of the Customer account may request changes (including, without limitation, name changes, transfers of the account to a different entity, or termination of the account) to Customer account or additional products and/or services. If a Customer upgrades an existing product or service and signs a new contract, any unused portion of the preexisting Term may be applied to the new contract as a credit. The term for any add-on products or services will be deemed to be coterminous with the original product and/or service to which such add-on applies, unless otherwise specified in your ordering documents. The fees for new products and/or services will be based upon the then current, generally applicable fees. NONTRANSFERABILITY OF PRODUCTS & SERVICES. The products and/or services purchased are valid only for Customer, and in the membership category and region specified at the time of purchase and may not be transferred either to a different customer or by the same Customer to a different category or region. CURRENCY AND TRADE REGULATIONS. Customers in the U.S. will be billed in U.S. Dollars and subject to U.S. payment terms. In no event shall any transactions be in violation of U.S. trade regulations. TAXES; NO REFUNDS. Except as specifically provided in the Agreement, there shall be no refunds for products and/or services provided by TKWW except as may be required by law. All amounts required to be paid hereunder do not include any amount for taxes or levy (including interest and penalties), and such taxes or levy may be applied by TKWW pursuant to law and at TKWW’s option pursuant to legal requirements. Customer shall pay and be responsible for all taxes which TKWW is required to collect or remit to applicable tax authorities including, without limitation, sales, use, value-added tax, excise, property, or other similar taxes or levies. CREDIT CARDS. If TKWW is authorized by Customer to charge Customer's credit card and TKWW is unable to process Customer's credit card, then TKWW may revoke access to Customer's account. NONPAYMENT. If Customer fails to timely make any payment, TKWW reserves the right to temporarily suspend access to Customer's account, suspend or modify any services available to Customer, or terminate Customer's Agreement. Following such delinquency, including if a delinquency exists as of the effective date of termination in connection with Customer’s termination of this Agreement as expressly permitted in the TERMINATION section above, if Customer desires to reinstate Customer's account with TKWW after termination, Customer must contact a billing representative and: (a) pay the outstanding balance in full; and (b) execute a new one-year agreement with payment made via credit card. TKWW reserves the right to (i) require renewed accounts to pre-pay for service for any length of time determined by TKWW; (ii) decline to reinstate delinquent accounts; and/or (iii) undertake all collection efforts for any delinquency and seek TKWW’s fees and costs in pursuing such collection. Any partial payments made by Customers will first be applied to the oldest, outstanding fees owed to TKWW, including interest. EARLY BUY-OUT. Customer, at any time during the Term, may buy out the remaining amount for such term with one-time payment equal to the remaining fee due for the remainder of the Term. Upon TKWW receiving such payment, Customer may choose to downgrade its Listing. INCORRECT BILLING. If Customer believes TKWW has billed Customer incorrectly, Customer must contact TKWW Member Services at payments@weddingpro.com in writing no later than thirty (30) days after such charge. No credit will be given for any charges which are more than ninety (90) days old. DISPUTES AMONG MEMBERS; RELEASE. Customer is solely responsible for its interactions with other TKWW members, customers and users (collectively "TKWW Users") when TKWW is not a party to any such disputes. TKWW reserves the right, but has no obligation, to monitor disputes between Customer and other TKWW Users and, at TKWW’s unilateral option, to take actions to resolve such disputes. Customer agrees to release TKWW, its affiliates, and their respective officers, directors, agents, representatives and employees from all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute, directly or indirectly, between Customer, its affiliates, and their respective officers, directors, agents, representatives or employees, on the one hand, and any other TKWW User, on the other hand. If Customer is or could be deemed a California resident, Customer hereby waives California Civil Code §1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." DATA OWNERSHIP & PRIVACY. Unless otherwise specified in the Order Form, any data that is collected on the websites or mobile or other properties of TKWW or its Affiliates, whether or not personally identifiable and whether or not in connection with the advertisement and service, is the sole property of TKWW or its Affiliates. See the Terms of Use for provisions relating to rights in submitted content. You agree that any data that is collected on the websites or mobile application or other properties by TKWW and/or its Affiliates may be transferred between TKWW and any of its Affiliates in the context of a transfer or reorganization of all or any portion of the assets related to this Agreement among TKWW and/or its Affiliates. CONFIDENTIALITY. Any marked confidential information and proprietary data provided by TKWW, including the pricing and other information set forth in the Order Form, shall be deemed "Confidential Information" of TKWW. Confidential Information shall also include information provided by TKWW , which under the circumstances surrounding the disclosure would be reasonably deemed confidential or proprietary. Confidential Information, whether disclosed by or received from TKWW orally or in writing, shall not be disclosed by Customer to anyone except an employee or agent who has a need to know same, and who is bound by confidentiality obligations at least equal to those required under the Agreement. Customer shall not use any portion of Confidential Information for any purpose other than those provided for under this Agreement. Without limiting the foregoing, Customer shall use at least the same degree of care which it uses to prevent disclosure of its own confidential information of like importance, but in no event less than reasonable care, to prevent the disclosure of Confidential Information disclosed to it by or received from TKWW. Customer acknowledges that any breach of its obligations with respect to TKWW's Confidential Information hereunder is likely to cause or threaten irreparable harm to TKWW, and accordingly the parties agree that in the event of such breach TKWW shall be entitled to equitable relief to protect its interest therein, including but not limited to preliminary and permanent injunctive relief, as well as monetary damages. Upon the request of TKWW, or in any event upon any termination or expiration of the Term, Customer shall return to TKWW all materials which contain, embody, reflect or reference all or any part of any Confidential Information of TKWW. PUBLICITY. Customer will not use the trade name, trademarks, or logos of TKWW in a public announcement (including, but not limited to, through any press release or in any manner subject to the restriction contained in the USAGE OF MATERIAL section of this Agreement) regarding the existence or content of this Agreement or otherwise without the prior written approval of TKWW. REPRESENTATION AND WARRANTY. The person consenting to this Agreement represents and warrants that: (i) such person has authority to enter into this Agreement on behalf of Customer; (ii) Customer's entering into this Agreement does not violate any other rights, obligations, regulations or laws; (iii) Customer has obtained all necessary rights for any content that it provides to TKWW and that TKWW's use of such content will not be defamatory or harassing or violate any third-party rights, including rights of publicity, privacy, copyright, trademark or other intellectual property rights, or violate any law or regulation; and (iv) any user with access to Customer's account shall be deemed an authorized user of such account. TKWW reserves the right to rely on the representations and warranties made by any user of Customer's account when providing the products and/or services to Customer. ELECTRONIC SIGNATURES AND AGENTS. Unless otherwise specified, the term "written" shall include paper, fax or email communication. Without limiting the foregoing or any of the acceptance methods listed in this Agreement, any documents executed by both parties in connection herewith, if applicable, may be executed in any number of written counterparts (which may be done by electronic or other customary means), each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. In addition, the parties desire to facilitate certain transactions pursuant to this Agreement by exchanging documents, records and signatures electronically or by utilizing electronic agents. The use of electronic facilities or agents shall be in accordance with procedures established by TKWW and governed by the provisions of applicable laws, rules and regulations. INDEMNITY. Customer agrees to indemnify and hold TKWW, our affiliates, and our and their respective officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising in any manner in whole or in part Docusign Envelope ID: 08FDC836-BD77-46EE-9BFB-4190087C4C71 171 TKWW out of Customer's use of the Site, or its violations of its representations, warranties or obligations under the Agreement. WARRANTY EXCLUSION THE PRODUCTS AND/OR SERVICES PROVIDED BY TKWW ARE PROVIDED "AS IS", "AS AVAILABLE" WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS, LEGAL, STATUTORY OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, TKWW DISCLAIMS ALL WARRANTIES OR CONDITIONS, WHETHER EXPRESSED, LEGAL, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, NONINFRINGEMENT OR OTHER VIOLATION OF RIGHTS. THE PRODUCTS AND/OR SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS (THE "FORCE MAJEURE EVENTS"), INCLUDING, WITHOUT LIMITATION, WARS, TERRORIST ATTACKS, STRIKES, RIOTS, EARTHQUAKES, HURRICANES, TORNADOES, VOLCANOES, MAJOR WEATHER EVENTS, PANDEMICS, EPIDEMICS OR SIMILAR EVENTS WARRANTING GOVERNMENT OR EXECUTIVE ACTION OR CLOSURES, INTERNET CONGESTION, ATTACKS ON OR FAILURE OF INFRASTRUCTURE, TROJAN, VIRUS OR MALWARE, AND DENIAL OF SERVICE (DOS) ATTACKS. TKWW IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY FORCE MAJEURE EVENT. LIMITED LIABILITY. IN NO EVENT SHALL TKWW, OUR AFFILIATES, AND OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR OUR SUPPLIERS BE LIABLE TO CUSTOMER OR ANYONE ELSE FOR INDIRECT DAMAGES, LOST PROFITS, ANY SPECIAL, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, FOR USE OF ANY COUPONS OR OTHER PROMOTIONAL DISCOUNTS, OR FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON INFORMATION CONTAINED ON THE SITE, WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. TKWW'S LIABILITY, AND THAT OF OUR AFFILIATES, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND SUPPLIERS, IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF THE AMOUNT OF FEES YOU PAY TO TKWW IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR $100, NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. FOR THOSE JURISDICTIONS THAT DO NOT PERMIT LIMITATION OF LIABILITY FOR GROSS NEGLIGENCE, THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO ANY WILLFUL, WANTON, INTENTIONAL, OR RECKLESS MISCONDUCT, OR GROSS NEGLIGENCE OF TKWW. GOVERNING LAW. This Agreement is governed by the laws of the State of Maryland ("Governing Law"), without regard to principles of conflict of laws of any state or jurisdiction. NOTICE OF DISPUTE. If you have a dispute with us regarding the Site or products and/or services, you must first send written notice to us at support@weddingpro.com. We will attempt to resolve any disputes you have with us. Because we are a neutral venue, we are not responsible for resolving any disputes between you and other TKWW Users regarding services or transactions. The parties agree to negotiate resolution of the dispute in good faith for no less than sixty (60) days after you provide notice of the dispute. If we do not resolve your dispute within sixty (60) days from receipt of notice of the dispute, either party may pursue a claim in arbitration pursuant to the terms of this Agreement. ARBITRATION, CLASS-ACTION WAIVER & JURY WAIVER PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND US TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION. Agreement to Binding Arbitration. You understand and agree that any dispute, claim, or controversy arising out of or relating to this Agreement, the parties' relationship with each other and/or your use of and access to the Site or the services, including, but not limited to, claims as to whether any services rendered by us or persons employed or engaged by us were improperly, negligently, or incompetently rendered, and any claim or controversy as to arbitrability ("Dispute"), shall be finally and exclusively resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with the provisions of AAA's Commercial Arbitration Rules and Mediation Procedures and Consumer-Related Disputes Supplementary Procedures, excluding any rules or procedures governing or permitting class actions, and not by a lawsuit or resort to court process, except as Maryland or any other applicable state law provides for judicial review of arbitration proceedings. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve any and all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this agreement to arbitrate, including, but not limited to any claim that all or any part of this agreement is void or voidable. The parties agree to treat the arbitration proceedings and any related discovery confidential. The terms of this section govern in the event they conflict with the rules of the AAA. Venue. You agree that any arbitration shall be conducted solely in Montgomery County, Maryland. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding Maryland selection of an arbitrator be in effect, the User shall select an arbitrator from a panel of arbitrators acceptable to TKWW. In any arbitration, the parties will split the cost of the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party, provided, however, that in Maine any cost to the consumer shall be limited to the cost of filing a court case. To begin the arbitration process, a party must make a written demand therefore. Class Action and Class Arbitration Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the agreement to arbitrate set forth in this section shall be deemed null and void and the parties shall be deemed to have not agreed to arbitrate disputes. YOU ACKNOWLEDGE AND AGREE THAT BOTH PARTIES TO THIS AGREEMENT ARE GIVING UP THEIR CONSTITUTIONAL RIGHT, IF ANY, TO HAVE SUCH DISPUTE DECIDED IN A COURT OF LAW BEFORE A JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING. You may cancel your agreement to arbitrate (not the entire Agreement) by giving written notice to us within 30 days of the date of your acceptance of this Agreement, or 30 days after we provide notice of material changes made to this section of this Agreement. You should send your cancellation of arbitration notice to support@weddingpro.com with the following information: (i) your name; (ii) your email address; (iii) your mailing address; and (iv) a statement of your wish not to resolve disputes with us through arbitration. Your notice to opt-out of arbitration only applies to this Agreement; if you previously entered into other arbitration agreements with us or enter into other such agreements in the future, your notification that you are opting out of the arbitration terms of this Agreement shall not affect the other arbitration agreements between the parties. Should you choose to withdraw from the arbitration provision, all other provisions of this Agreement shall remain in full force and effect. Jury Trial Waiver. If for any reason a claim proceeds in court rather than arbitration, each party waives any right to a jury trial and elect instead to have the dispute be resolved by a judge. SUCCESSORS AND ASSIGNS. The terms of this Agreement shall inure to the benefit of and be binding upon the respective successors and assigns of the parties; provided, however, that neither this Agreement nor any rights hereunder may be assigned or otherwise transferred by Customer, either voluntarily or by operation of law, without the prior written consent of TKWW, and any attempt to do so will be null and void. TKWW reserves the right to assign this Agreement in its discretion. TITLES AND SUBTITLES. The titles, subtitles and defined terms used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement. ENTIRE AGREEMENT. This Agreement, including any documents incorporated by reference, shall constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto. Notwithstanding any language to the contrary therein, no terms or conditions stated in a Customer purchase order or in any other Customer order documentation (not provided by TKWW) shall be incorporated into or form any part of this Agreement, and all such terms or conditions shall be null and void, unless otherwise agreed to by TKWW in writing. This is a subscription agreement for use of products and/or services and not an agreement for sale. Customer acknowledges that it/he/she/they is/are obtaining only a limited right to such products and/or services and that, irrespective of any use of the words "purchase", "sale" or like terms hereunder, no ownership rights are being conveyed to Customer under this Agreement. Further, Customer acknowledges that the products and/or services are offered as an online, hosted solution, and that Customer has no right to obtain or retain a copy of any of the products and/or services unless otherwise stated herein. MODIFICATIONS. Customer agrees that, except as otherwise specified, this Agreement cannot be altered, amended or modified (collectively, “Amend”) by Customer, except by a writing signed by an authorized representative of TKWW. Customer acknowledges and agrees that TKWW may Docusign Envelope ID: 08FDC836-BD77-46EE-9BFB-4190087C4C71 172 TKWW SIGNATURE Signature \s1\ Name and Date \n1\ \d1\ The client, by signing this document, expresses their acceptance of the general conditions attached. amend this Agreement and change or adjust the business and commercial terms and conditions, and all other terms and conditions, at any time and from time to time by posting such changes on the Site, in Customer’s member account accessible through the Site, or otherwise at TKWW’s sole discretion including through billing reflecting modified pricing for services and making the updated terms and conditions of the Agreement, including fee or rate increases, available to you. You acknowledge and agree that your continued use of any service pursuant to this Agreement after such amendments have either been published or otherwise made known or available to you through any form including in practice and how the services operate constitutes your knowledge, ratification, agreement and acceptance of such changes. NO WAIVER. No failure or delay in enforcing any right or exercising any remedy will be deemed a waiver of any right or remedy. SEVERABILITY AND REFORMATION. Each provision of this Agreement is a separately enforceable provision. If any provision of this Agreement is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation. LANGUAGE. The parties have expressly agreed that this Agreement and all ancillary agreements, documents or notices relating thereto be drafted solely in the English language. Les parties aux présentes ont expressément convenu que cet accord et toute autre convention, tout document ou tout avis y afférant soient rédigés en anglais seulement. CONTACT INFO For all questions related to billing, please contact TKWW at 10825 Farnam Drive, Omaha, NE 68154, U.S.A. Docusign Envelope ID: 08FDC836-BD77-46EE-9BFB-4190087C4C71 Daniel Dugger 173 ADDENDUM TO AGREEMENT BETWEEN THE KNOT WORLDWIDE, INC. AND THE CITY OF BOYNTON BEACH, FLORIDA ADDITIONAL TERMS The terms of this Addendum govern and control your Agreement with the City of Boynton Beach. If there is any conflict between the Agreement and this Addendum, this Addendum shall control. PUBLIC RECORDS. The City is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida’s Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the City to perform the service; B. Upon request from the City’s custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the City; and D. Upon completion of the contract, Contractor shall transfer to the City, at no cost to the City, all public records in Contractor’s possession All records stored electronically by Contractor must be provided to the City, upon request from the City’s custodian of public records, in a format that is compatible with the information technology systems of the City. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK 100 E. OCEAN AVE. BOYNTON BEACH, FL, 33435 561-742-6060 CITYCLERK@BBFL.US CONFIDENTIALITY. If the Agreement contains any confidentiality obligations, any such provisions are subject to Chapter 119, Florida Statutes mandates. The Agreement and any information provided by Contractor to the City may fall within the disclosure requirements of Chapter 119, Fla. Stat. The Contractor must clearly label and mark each page or section of any tangible documents (excluding internet-based Confidential Information) provided to the City in connection with the Agreement that it considers proprietary information or otherwise confidential or exempt from Chapter 119, Fla. Stat. If the City receives a public records request regarding the Contractor’s Confidential Information, it will notify the Contractor in writing or electronically. If the Contractor continues to assert in good faith that the information is confidential or exempt from disclosure pursuant to Chapter 119, Fla Stat., then the Contractor shall be solely responsible for defending its position or seeking a judicial declaration. Nothing in this Agreement shall create an obligation 1741313 or duty for the City to defend or justify the Contractor’s position. Contractor shall indemnify and hold harmless the City for any award, damages, fines, fees, penalties, or impositions of whatsoever nature or kind and all costs and fees, including attorney’s fees incurred by the City in connection with this section. Any requirements in the Agreement that require the City to destroy Confidential Information upon termination of the Agreement are hereby deemed null and void. DISCRIMINATORY VENDOR AND SCRUTINIZED COMPANIES LISTS; COUNTRIES OF CONCERN. Contractor represents that it has not been placed on the “discriminatory vendor list” as provided in Section 287.134, Florida Statutes, and that it is not a “scrutinized company” pursuant to Sections 215.473 or 215.4725, Florida Statutes. Contractor represents and certifies that it is not, and for the duration of the Term, will not be, ineligible to contract with City on any of the grounds stated in Section 287.135, Florida Statutes. Contractor represents that it is, and for the duration of the Term will remain, in compliance with Section 286.101, Florida Statutes. VERIFICATION OF EMPLOYMENT ELIGIBILITY. Contractor represents that Contractor and each subcontractor have registered with and use the E-Verify system maintained by the United States Department of Homeland Security to verify the work authorization status of all newly hired employees in compliance with the requirements of Section 448.095, Florida Statutes, and that entry into this Agreement will not violate that statute. If Contractor violates this section, City may immediately terminate this Agreement for cause, and Contractor shall be liable for all costs incurred by City due to the termination. PUBLIC ENTITY CRIMES ACT. Contractor represents that it is familiar with the requirements and prohibitions under the Public Entity Crime Act, Section 287.133, Florida Statutes, and represents that its entry into this Agreement will not violate that Act. Contractor further represents that there has been no determination that it committed a “public entity crime” as defined by Section 287.133, Florida Statutes, and that it has not been formally charged with committing an act defined as a “public entity crime” regardless of the amount of money involved or whether Contractor has been placed on the convicted vendor list. ENTITIES OF FOREIGN CONCERN. This section shall apply if Contractor or any subcontractor will have access to an individual’s personal identifying information under this Agreement. Accordingly, Contractor represents and certifies: (i) Contractor is not owned by the government of a foreign country of concern; (ii) the government of a foreign country of concern does not have a controlling interest in Contractor; and (iii) Contractor is not organized under the laws of and does not have its principal place of business in, a foreign country of concern. On or before the Effective Date or the date that Contractor or its subcontractor will have access to personal identifying information under this Agreement, Contractor and any subcontractor that will have access to personal identifying information shall submit to City executed affidavit(s) under penalty of perjury, in a form approved by City attesting that the entity does not meet any of the criteria in Section 287.138(2), Florida Statutes. Compliance with the requirements of this section is included in the requirements of a proper invoice. Terms used in this section that are not otherwise defined in this Agreement shall have the meanings ascribed to such terms in Section 287.138, Florida Statutes. ANTI-HUMAN TRAFFICKING. On or before the Effective Date of the Agreement, Contractor shall provide City with an affidavit attesting that the Contractor does not use coercion for labor or services, in accordance with Section 787.06(13), Florida Statutes. INVOICES AND PAYMENT. Payments of any fees due to the Contractor for services shall be conditioned on receipt of a proper invoice. Contractor and City agree that the standard invoice format in the Contractor's billing portal is considered a proper invoice. Payment will be made in accordance with the Local Government Prompt Payment Act, Section 218.70, et al., Florida Statutes. INDEMNIFICATION. Subject to the limitations of Section 768.28, Florida Statutes, the City agrees to indemnify and hold Contractor, Contractor’s affiliates, and Contractor’s and their respective officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising in any manner in whole or in part out of City’s use of the Site, or 1751314 its violations of its representations, warranties or obligations under the Agreement. Except as otherwise provided by Florida Law, neither the execution of this Addendum by the City nor any conduct, action, or inaction of any City representative relating to the Agreement is a waiver of sovereign immunity by the City. SOVEREIGN IMMUNITY. Nothing contained herein is intended to serve as a waiver of sovereign immunity by the City or as a waiver of limits of liability or rights the City may have under the doctrine of sovereign immunity or under Section 768.28, Florida Statutes. By signing below, the Contractor agrees to the terms in this Addendum. By:_____________________________ Name:___________________________ Title:____________________________ Date:____________________________ Felicity Chaban 01 August 2025 Chief Legal Officer & Secretary 1761315 City of Boynton Beach Agenda Item Request Form 7.C Consent Bids and Purchases 08/19/2025 Meeting Date: 08/19/2025 Proposed Resolution No. R25-221- Awarding Request for Qualifications No. UTL25- 018Q for Chapel Hill Drainage Improvements- Engineering and Design Services to Baxter & Woodman, Inc., approving an Agreement between the City and Baxter & Woodman, Inc. in an amount not to exceed $1,490,827, and approving a budget transfer to allocate sufficient funding for the project. Requested Action: Staff recommends approval of Proposed Resolution No. R25-221. Explanation of Request: Pursuant to the Consultant’s Competitive Negotiation Act (CCNA), the City of Boynton Beach advertised Request for Qualifications (RFQ) No. UTL25-018Q on February 14, 2025, to procure professional engineering services for the Chapel Hill Drainage Improvement Project. This project is a critical infrastructure initiative aimed at mitigating chronic flooding, improving stormwater conveyance, and enhancing water quality discharges to the E-4 Canal within the Chapel Hill neighborhood. The RFQ sought a qualified engineering consultant to deliver a full suite of services, including hydrologic and hydraulic modeling, preliminary and final design, value engineering, permitting, preparation of bid documents, grant research and administration assistance, bidding support, and construction administration services during the construction phase. The solicitation closed on March 20, 2025, with six (6) proposals received. In compliance with §287.055, Florida Statutes, an evaluation committee was convened to review and score the submittals. On April 21, 2025, the committee shortlisted the three most qualified firms, and on May 9, 2025, it conducted interviews and presentations. Based on the final rankings, Baxter & Woodman, Inc. was determined to be the most highly qualified firm to provide the required services. On June 3, 2025, City Commission approved the evaluation committee’s recommendation and authorized staff to negotiate a contract with Baxter & Woodman, Inc. through Resolution #R25-150. Negotiation meetings were held on June 10, 2025, and July 8, 2025. The final 177 scope of work was confirmed to include all services necessary to deliver the project, and the fee proposal was deemed fair, competitive, and reasonable. The negotiated agreement, in the amount of $1,490,827, outlines Baxter & Woodman’s responsibilities, which include but are not limited to: Conducting detailed topographic and geotechnical investigations, and subsurface utility engineering; Developing an updated ICPR4 stormwater model to optimize the design; Preparing construction documents, technical specifications, and cost estimates; Coordinating all required permits with agencies such as SFWMD, USACE, and the Lake Worth Drainage District; Assisting with securing and administering grant funding; Supporting the City during bidding and contractor selection; and Providing construction administration and part-time inspection services during the build- out. This agreement represents a comprehensive approach to addressing stormwater challenges in the Chapel Hill community and advancing the City’s resiliency and infrastructure improvement goals. Staff recommends awarding RFQ No. UTL25-018Q to Baxter & Woodman, Inc., and approving the Agreement in an amount not to exceed $1,490,827. How will this affect city programs or services? The Chapel Hill neighborhood has long experienced recurrent street flooding during heavy rainfall and storm events due to an undersized and outdated drainage system. Its low elevation, situated between I-95 and S. Seacrest Boulevard, causes the area to act as a collection point for upstream stormwater runoff, resulting in chronic flooding issues that compromise public safety and property. Engaging a qualified consulting firm to develop a comprehensive engineering design for stormwater improvements will enable the City to implement a modernized drainage system tailored to address these deficiencies. The proposed design will enhance the level of service (LOS) by: Mitigating Flood Risks- reducing the frequency and severity of flooding events that currently impact residents, businesses, and public infrastructure. Protecting Public Safety- improving roadway conditions during storms to ensure continued access for emergency vehicles, hospitals, and other critical services. Preserving Community Assets- safeguarding homes, green spaces, and City roadways from long-term water damage. Increasing Resiliency- strengthening the neighborhood’s ability to withstand heavy rainfall and storm events, reducing future recovery costs. By delivering a build-ready engineering design, this project will position the City to advance 178 construction of long-term stormwater solutions. The improvements will significantly enhance the quality of life for Chapel Hill residents, reduce public safety hazards, and ensure uninterrupted City services during severe weather events. Budgeted Item: Yes Account Line Item and Description: ACCT # 403-5000-538-65.09 – Project ST2402 - $800,000 Available Budget ACCT # 403-5000-533-65.02 – Project WT2406 - $464,202 Available Budget ACCT # 403-5000-533-65.02 – Project WT2316 - $302,557 Available Budget Fiscal Impact: Funding is available in the Utilities CIP Account 403-5000-538-65.09, Project ST2402 (Chapel Hill Stormwater Improvements) in the amount of $800,000. Budget transfer will be needed in the amount of $464,000 from Utilities CIP Account 403- 5000-533-65.02 project WT2406 (West WTP Fluoride System Upgrade) to account # 403- 5000-538-65.09 – Project ST2402 (Chapel Hill Stormwater Improvements). Budget transfer will be needed in the amount of $236,000 from Utilities CIP Account 403- 5000-533-65.02 project WT2316 (EWTP HSP 5 & Improvements) to account # 403-5000- 538.-65.09 – Project ST2402 (Chapel Hill Stormwater Improvements). Updated Account total after Budget Transfer: 403-5000-538-65.09, Project ST2402 (Chapel Hill Stormwater Improvements) in the amount of $1,500,000. Attachments: R25-221 Agenda_Item_3466-2025_Resolution_for_Bater___Woodman_RFQ_No._UTL25- 018Q_Award___Agmt.docx Exhibit A to Resolution - 25-018Q - BaxterWoodman - Vendor Executed Agreeement.pdf 25-018Q Chapel Hill Drainage Improvement - Rev. 3.13.25.pdf Compliance - BidAnalysis 25-018Q.pdf Budget Transfer-ST2402 Chapel Hill Drainage Improvements inc supporting docs 07-28- 2025.pdf 179 RESOLUTION NO. R25-221 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, AWARDING REQUEST FOR QUALIFICATIONS NO. 2 UTL25-018Q FOR CHAPEL HILL DRAINAGE IMPROVEMENTS, 3 ENGINEERING AND DESIGN SERVICES, TO BAXTER & WOODMAN, 4 INC., APPROVING AN AGREEMENT BETWEEN THE CITY AND BAXTER 5 & WOODMAN, INC., IN AN AMOUNT NOT TO EXCEED $1,490,827.00, 6 AND APPROVING A BUDGET TRANSFER TO ALLOCATE SUFFICIENT 7 FUNDING FOR THE PROJECT; AND FOR ALL OTHER PURPOSES. 8 9 10 WHEREAS, pursuant to the Consultant’s Competitive Negotiation Act (“CCNA”), the City 11 of Boynton Beach advertised Request for Qualifications (“RFQ”) No. UTL25-018Q on February 14, 12 2025, to procure professional engineering services for the Chapel Hill Drainage Improvement 13 Project. This project is a critical infrastructure initiative aimed at mitigating chronic flooding, 14 improving stormwater conveyance, and enhancing water quality discharges to the E-4 Canal 15 within the Chapel Hill neighborhood; and 16 WHEREAS, the RFQ sought a qualified engineering consultant to deliver a full suite of 17 services, including hydrologic and hydraulic modeling, preliminary and final design, value 18 engineering, permitting, preparation of bid documents, grant research and administration 19 assistance, bidding support, and construction administration services during the construction 20 phase; and 21 WHEREAS, the solicitation closed on March 20, 2025, with six (6) proposals received. In 22 compliance with section 287.055, Florida Statutes, an evaluation committee was convened to 23 review and score the submittals. On April 21, 2025, the committee shortlisted the three most 24 qualified firms, and on May 9, 2025, it conducted interviews and presentations. Based on the final 25 rankings, Baxter & Woodman, Inc. was determined to be the most highly qualified firm to provide 26 the required services; and 27 WHEREAS, on June 3, 2025, the City Commission approved the evaluation committee’s 28 recommendation and authorized staff to negotiate a contract with Baxter & Woodman, Inc., 29 through Resolution No. R25-150. Negotiation meetings were held on June 10, 2025, and July 8, 30 2025. The final scope of work was confirmed to include all services necessary to deliver the project, 31 and the fee proposal was deemed fair, competitive, and reasonable; and 32 180 RESOLUTION NO. R25-221 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 award RFQ No. UTL25-018Q for Chapel Hill 35 Drainage Improvements, Engineering and Design Services, to Baxter & Woodman, Inc., approve 36 an Agreement between the City and Baxter & Woodman, Inc., in an amount not to exceed 37 $1,490,827.00, and approve a budget transfer to allocate sufficient funding for the project. 38 39 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 40 BEACH, FLORIDA, THAT: 41 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 42 being true and correct and are hereby made a specific part of this Resolution upon adoption. 43 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 44 award RFQ No. UTL25-018Q for Chapel Hill Drainage Improvements, Engineering and Design 45 Services, to Baxter & Woodman, Inc. 46 SECTION 3. The City Commission of the City of Boynton Beach, Florida, does hereby 47 approve an Agreement for Engineering and Design Services for RFQ No. UTL25-018Q for Chapel 48 Hill Drainage Improvement Project between Baxter & Woodman Inc., and the City in the amount 49 of $1,490,827.00 (the “Agreement”), in form and substance similar to that attached as Exhibit A. 50 SECTION 4. The City Commission of the City of Boynton Beach, Florida, hereby 51 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any 52 ancillary documents required under the Agreement or necessary to accomplish the purposes of 53 the Agreement, including any term extensions as provided in the Agreement, provided such 54 documents do not modify the financial terms or material terms. 55 SECTION 5. The City Clerk shall retain the fully executed Agreement as a public record 56 of the City. A copy of the fully executed Agreement shall be provided to Eduardo Garcia to forward 57 to the Consultant. 58 SECTION 6. This Resolution shall take effect in accordance with the law. 59 60 181 RESOLUTION NO. R25-221 PASSED AND ADOPTED this ______________ day of ______________________________ 2025. 61 CITY OF BOYNTON BEACH, FLORIDA 62 YES NO 63 Mayor – Rebecca Shelton _____ _____ 64 65 Vice Mayor – Woodrow L. Hay _____ _____ 66 67 Commissioner – Angela Cruz _____ _____ 68 69 Commissioner – Thomas Turkin _____ _____ 70 71 Commissioner – Aimee Kelley _____ _____ 72 73 VOTE ______ 74 ATTEST: 75 76 _____________________________ ______________________________ 77 Maylee De Jesús, MPA, MMC Rebecca Shelton 78 City Clerk Mayor 79 80 APPROVED AS TO FORM: 81 (Corporate Seal) 82 83 _______________________________ 84 Shawna G. Lamb 85 City Attorney 86 182 RFQ NO. 25-018Q CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT A-1 AGREEMENT FOR ENGINEERING/DESIGN SERVICES THIS AGREEMENT (“Agreement”), dated August 19, 2025, is entered into by and between: THE CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida with a business address of 100 E Ocean Ave, Boynton Beach, Florida 33435 (hereinafter referred to as the "CITY"), and BAXTER & WOODMAN, INC., an Illinois corporation as listed with the Florida Division of Corporations, with a principal address of 8678 Ridgefield Road, Crystal Lake, IL 60012 (hereinafter referred to as the “CONSULTANT”). CITY and CONSULTANT may hereinafter be referred to collectively as the "Parties." W I T N E S S E T H: In consideration of the mutual terms and conditions, promises, covenants, and payments hereinafter set forth, CITY and CONSULTANT agree as follows: ARTICLE 1 - PREAMBLE In order to establish the background, context, and form of reference for this Agreement and to generally express the objectives and intentions of the respective Parties herein, the following statements, representations, and explanations shall be accepted as predicates for the undertakings and commitments included within the provisions which follow and may be relied upon by the Parties as essential elements of the mutual considerations upon which this Agreement is based. 1.1 On February 14, 2025, the CITY advertised its solicitation for Request for Qualification of the CITY's desire to hire a firm to deliver complete and permitted design documents and related engineering services for the Chapel Hill Drainage Improvement Project (the “Project”) and provide all other professional services that may be deemed necessary for the satisfactory design and completion of the Project, as more particularly described in the Scope of Services outlined in Exhibit “A” (the “Services”) attached hereto and by this reference made a part hereof, for the RFQ entitled: Request for Qualifications (RFQ) # 25-018Q CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT 1.2 On March 20, 2025, the qualification packages were opened at City Hall by the Purchasing Division. 1.3 On April 21, 2025, the CITY’s evaluation committee met in a publicly noticed open to the public meeting where they discussed and scored the proposals and, per the requirements of (“CCNA”), §287.055, Florida Statutes shortlisted the top three proposers to view presentations. 1.4 On May 9, 2025, the CITY’s evaluation committee witnessed presentations from the highest-ranking proposers and, after presentations, met in a publicly noticed open to the public meeting where they provided final scoring and collectively decided that Baxter & Woodman, Inc. 183 RFQ NO. 25-018Q CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT A-2 is the most advantageous solution for the CITY to provide the Services and selected CONSULTANT as the most highly qualified to perform the required Services in accordance with the Consultant's Competitive Negotiation Act (“CCNA”), §287.055, Florida Statutes. 1.5 On June 3, 2025, the City Commission accepted the results of the evaluation committee and authorized the proper CITY officials to negotiate and enter into this Agreement with CONSULTANT through Resolution # R25-150 to govern the Services. 1.6 On June 10, 2025, and July 8, 2025, CITY held negotiations with CONSULTANT based on the proposal and scoring from the evaluation committee. 1.7 At the final negotiation meeting on July 8, 2025, CITY Staff determined that the final scope of work and fee proposal were deemed fair, competitive, and reasonable. 1.8 Negotiations regarding the Services required herein were undertaken in accordance with the CCNA, §287.055, Florida Statutes, and this Agreement incorporates the results of such negotiations. 1.9 The Services provided by CONSULTANT pursuant to this Agreement shall comply with the definition of "professional services" as provided in Section 287.055(2)(a), Florida Statutes, as may be amended from time to time. ARTICLE 2 - SERVICES AND RESPONSIBILITIES 2.1 CONSULTANT hereby agrees to deliver complete and permitted design documents and related engineering services for RFQ # 25-018Q Chapel Hill Drainage Improvement Project, as outlined in Exhibit “A.” Consultant further agrees to perform all other professional services deemed necessary for the satisfactory engineering/design and completion of the Project, as more particularly described in, and in accordance with the Scope of Services and specifications attached hereto as Exhibit A (“Scope of Services”), CONSULTANT's Proposal, attached hereto and made a part hereof as Exhibit B, and the Fee Schedule and Payment Schedule attached hereto and made a part hereof as Exhibit C (“Fee Schedule”). CONSULTANT agrees to perform all Services required pursuant to this Agreement. The terms and conditions of the RFQ and Commission award are incorporated into this Agreement by reference. 2.2 CONSULTANT shall furnish all services, labor, equipment, and materials necessary and as may be required in the performance of this Agreement, and all Services performed under this Agreement shall be performed in a professional manner. 2.3 CONSULTANT hereby represents to CITY, with full knowledge that CITY is relying upon these representations when entering into this Agreement with CONSULTANT, that CONSULTANT has the professional expertise, experience, and manpower to perform the Services to be provided by CONSULTANT pursuant to the terms of this Agreement. 2.4 CONSULTANT assumes professional and technical responsibility for the performance of its Services provided hereunder in accordance with recognized professional and ethical guidelines established by their profession. If within one year following completion of its Services, such Services fail to meet the aforesaid standards, and the CITY promptly advises CONSULTANT 184 RFQ NO. 25-018Q CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT A-3 thereof in writing, CONSULTANT agrees to re-perform such deficient services without charge to the CITY. 2.5 CONSULTANT shall schedule regular meetings with the CITY’s representatives at least once a month to discuss the progress of the Services required to deliver complete and permitted design documents for the design services, as more specifically described in Exhibit A. 2.6 The relationship between CITY and CONSULTANT created hereunder, and the Services to be provided by CONSULTANT pursuant to this Agreement are non-exclusive. CITY shall be free to pursue and engage in similar relationships with other Consultants to perform the same or similar services performed by CONSULTANT hereunder, so long as no other consultant shall be engaged to perform the specific project assigned to CONSULTANT while CONSULTANT is so engaged without first terminating such assignment. CONSULTANT shall be free to pursue relationships with other parties to perform the same or similar services, whether or not such relationships are for services to be performed within the City of Boynton Beach, so long as no such relationship shall result in a conflict of interest, ethical or otherwise, with the CITY’s interests in the services provided by CONSULTANT hereunder. 2.7 CONSULTANT shall not utilize the services of any sub-consultant without the prior written approval of CITY. CONSULTANT shall comply with the applicable provisions of the City of Boynton Beach Code of Ordinances and shall require that all sub-consultants comply with the applicable provisions of the City of Boynton Beach Code of Ordinances. ARTICLE 3 – TERM, TIME FOR PERFORMANCE, AND TERMINATION 3.1 Term. This Agreement shall commence on the date of full execution and shall continue in force until the completion of the Services related to the Project under this Agreement unless terminated early by either party or pursuant to the termination provisions in this Agreement. 3.2 Project Schedule. CONSULTANT shall perform the Services in accordance with the Project Schedule set forth in Exhibit A, after issuance of the notice to proceed and a purchase order. Minor adjustments to the timetable for completion approved by CITY in advance, in writing, will not constitute non-performance by CONSULTANT. The CITY shall determine and adjust the time for performance and authorize the commencement of later phases in writing, which may be memorialized by written amendments hereto. 3.3 Delays Due to City. CONSULTANT’s Services shall be timely performed in compliance with the Project Schedule or as amended in writing executed by both Parties. If CONSULTANT is delayed at any time in the progress of its Services by any act, failure to act, or neglect of the CITY, or any separate consultant or contractor hired directly by the CITY, or by occurrences beyond the control and without any fault or negligence of CONSULTANT, CONSULTANT shall provide to the CITY, within five (5) working days of the date the delay began, written notice of the delay. Provided the Consultant has timely notified the CITY of such delay, the CITY shall amend the schedule in writing for the time delay actually caused by such occurrence, as determined by the City in its sole discretion. This extension of time shall be CONSULTANT’s sole and exclusive remedy attributed to such delay. 3.4 Financial Consequences for Consultant’s Delay or Nonperformance. The CITY reserves the right to withhold payment when the CONSULTANT has failed to perform/comply with the provisions of this Agreement. For each task deliverable not received by the CITY at one 185 RFQ NO. 25-018Q CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT A-4 hundred percent (100%) completion by the specified due date, the CITY will reduce the relevant Task Compensation Amount(s) paid to the CONSULTANT in proportion to the percentage of the deliverable(s) not fully completed and/or submitted to the CITY in a timely manner. 3.5 Time is of the Essence for this Agreement. Time shall be of the essence for each and every provision of this Agreement. If the CONTRACTOR fails to timely commence the Services herein required following the Notice to Proceed or fails in the performance of the work specified and required to be performed within the time limits set forth in this Agreement after due allowance for any extension or extensions of time, the CITY may immediately terminate this Agreement . 3.6 Termination for Convenience. This Agreement may be terminated by the CITY for convenience upon providing thirty (30) business days of written notice to the CONSULTANT, in which event CONSULTANT shall be compensated for Services satisfactorily performed prior to the termination date, including services reasonably related to termination. In the event that the CONSULTANT abandons this Agreement or causes it to be terminated, CONSULTANT shall indemnify the CITY against any loss pertaining to this termination up to a maximum of the full contracted fee amount. 3.7 Default, Right to Cure, and Termination for Cause. Either Party may terminate this Agreement for cause if the other Party neglects or fails to perform or observe any of the terms, provisions, conditions, or requirements of this Agreement if such neglect or failure continues for a period of thirty (30) days after receipt of written notice of such neglect or failure. If this Agreement is terminated by the CITY for cause, the CITY may take over the Services and complete them by contracting with other consultant(s) or otherwise, and in such event, CONSULTANT shall be liable to the CITY for any additional costs incurred by the CITY due to such termination. “Additional Costs” is defined as the difference between the actual cost of completion of such incomplete Services and the cost of completion of such Services that would have resulted from payments to CONSULTANT had this Agreement not been terminated. In the event of termination for cause, no payments to CONSULTANT shall be made (1) for Services not satisfactorily performed and (2) for assembly of and submittal of documents as required under this Agreement. 3.8 In the event of termination for cause or convenience, all finished or unfinished documents, drawings, CADD files, data, studies, plans, surveys, reports, or any other materials prepared by CONSULTANT for the Project pursuant to this Agreement shall become the property of CITY and shall be delivered by CONSULTANT to CITY immediately. 3.9 Upon termination, this Agreement shall have no further force or effect, and the Parties shall be relieved of all further liability under this Agreement, except that the provisions of this section and the provisions regarding termination, the right to audit, property rights, insurance, indemnification, governing law, and litigation shall survive termination of this Agreement and remain in full force and effect. ARTICLE 4 - PROFESSIONAL SERVICES FEE & EXPENSES 4.1 Compensation. The CITY agrees to compensate CONSULTANT for all services performed pursuant to this Agreement in an amount not to exceed ONE MILLION FOUR HUNDRED NINETY THOUSAND EIGHT HUNDRED TWENTY-SEVEN DOLLARS AND ZERO CENTS ($1,490,827.00) based on the hourly rates set forth in Exhibit C, which was deemed fair, competitive, and reasonable, for Services (the “Fee”). The compensation may be adjusted, if necessary, by a written amendment duly approved and executed by CONSULTANT and CITY, provided the City’s budget includes or 186 RFQ NO. 25-018Q CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT A-5 is adjusted to include the modified Fee. 4.2 Fee Schedule. A detailed Fee Schedule and Payment Schedule tied to the deliverables is attached as Exhibit C.The Fee Schedule details the hourly rates, number of hours, and a payment schedule that shall not be front-loaded. 4.2.1 Rates. CONSULTANT’s hourly rates for every position or level of profession or staff for whom time will be invoiced under this Agreement are detailed in the Fee Schedule attached as Exhibit C and incorporated into this Agreement. All such rates shall be effective for the term of this Agreement. The fixed hourly costs for all positions will be applicable to both in-house professional engineering services and professional engineering services at the CONSULTANT firm’s place of business. 4.2.2 Expenses. The Fee Schedule includes all administrative out-of-pocket expenses to be reimbursed under this Agreement. 4.2.3 Supporting Documents. CONSULTANT shall maintain complete and orderly documentation underlying all of its invoiced out-of-pocket expenses, including copies of paid receipts, invoices, or other documentation acceptable to the CITY. Such documentation shall be sufficient to establish that the expenses were actually incurred and necessary in the performance of the Professional Services. 4.2.4 Mark-Up. Any out-of-pocket costs shall not be marked up more than three percent (3%). 4.2.5 Travel Expenses. Any agreed travel, per diem, mileage, meals, or lodging expenses, the cost of which are subject to the CITY’s prior written approval, shall be paid in accordance with the rates and conditions established by the City’s Travel Policy, a copy of which has been provided to CONSULTANT, or the applicable law or ordinance. 4.3 Subcontracts. CONSULTANT may invoice for Services related to the sub-contractual services at the established hourly rates in the Fee Schedule. 4.4 Invoices. CONSULTANT shall be entitled to invoice CITY monthly for Services performed. The invoice shall include information such as, but not be limited to, the date of service, staff classification, the amount of time spent, a description of the service, and any other information reasonably required by CITY. 4.5 Payment. The Fee shall be paid in accordance with the Payment Schedule and upon acceptance of deliverables satisfactory to the City and receipt of a proper invoice from CONSULTANT. CITY will do its best to pay CONSULTANT within thirty (30) days after receipt of the proper invoice, the total shown to be due on such invoice. All payments shall be governed by the Local Government Prompt Payment Act, as set forth in Part VII, Chapter 218, Florida Statutes. Payment will be made to CONSULTANT at: _____________________________ _____________________________ _____________________________ ____________________________ Baxter & Woodman, Inc. PO Box 736898Chicago, IL 60673 187 RFQ NO. 25-018Q CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT A-6 4.6 Final Invoice. In order for the Parties to close their books and records, CONSULTANT shall submit its final invoice no later than four (4) months after completion of all Services. CONSULTANT shall clearly indicate “Final Invoice” on its final invoice. Such indication shall certify to the CITY that all Services have been properly performed and all charges and costs owed in connection with this Agreement have been invoiced to the CITY. Any requests for reimbursement or fee payment, if not properly included on the final invoice or not submitted within four months after completion of the Services, are waived by CONSULTANT. 4.7 Truth-In-Negotiation Certificate. Signature of this Agreement by CONSULTANT shall act as the execution of a Truth-in-Negotiation Certificate stating that wage rates and other factual unit costs supporting the compensation of this Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums, by which the CITY determines that contract price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. 4.8 Contingency or Allowance. Any contingency or allowance amount provided for by the CITY authorizes the CITY to execute change orders up to the amount of the contingency or allowance without the need to obtain additional Commission approval. In addition, CITY shall utilize the contingency or allowance to reimburse CONSULTANT for the related permit, license, impact, or inspection fees. Payments will be made to CONSULTANT based on the actual cost of permits upon submission of paid permit receipts. It is hereby understood and agreed that the CONSULTANT shall not expend any dollars in connection with the contingency or allowance without the expressed prior written approval of the CITY’s authorized representative. Any contingency or allowance funds that have not been utilized at the end of the Project will remain with the CITY; the CONSULTANT shall only be paid for the Project cost as approved by the City Commission, along with any contingency or allowance expenses that were approved by the CITY’s authorized representative. If the permit fees exceed the contingency or allowance CITY will reimburse the CONSULTANT the actual amount of the permit fees required for Project completion. ARTICLE 5 - CHANGES TO SCOPE AND ADDITIONAL SERVICES 5.1 CITY or CONSULTANT may, from time to time, request changes that would increase, decrease, or otherwise modify the Scope of Services to be provided under this Agreement subject to the requirements set forth in §287.055, Florida Statutes. Upon receipt by CONSULTANT of CITY’s notification of a contemplated change, CONSULTANT shall in writing: (i) provide a detailed estimate for the increase or decrease in CONSULTANT’s Fee and other design costs that would result from the contemplated change; (ii) notify the CITY of any estimated change in the completion date; and (iii) advise the CITY how the contemplated change shall affect the CONSULTANT’s ability to meet the completion dates or schedules. Changes to the Scope of Work that do not affect the Project Schedule and Fee can be approved by the City’s Project Manager by change order. If a change will affect the Project Schedule and/or Fee, if the City elects to make the change, such changes or additional work must be in accordance with the provisions of the City’s Code of Ordinances and must be contained in a written amendment, executed by the Parties hereto, with the same formality, equality, and dignity herewith prior to any deviation from the terms of this Agreement, including the initiation of any additional or extra work. 5.2 CONSULTANT shall continue to render Services while seeking a change order or amendment unless such services have not been authorized. Services to be performed while seeking a change order or amendment that are not described herein or in a separate written amendment or change order shall be performed at the CONSULTANT’S own risk. In no event will 188 RFQ NO. 25-018Q CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT A-7 the CONSULTANT be compensated for any Services that have not been authorized in advance pursuant to this Agreement. ARTICLE 6 – INDEMNIFICATION 6.1 The Consultant shall indemnify and hold harmless the City, and its current, past, and future officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys’ fees to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the CONSULTANT or other persons employed or utilized by the CONSULTANT in the performance of this Agreement. Neither party to this Agreement shall be liable to any third party claiming directly or through the other respective party, for any special, incidental, indirect, or consequential damages of any kind, including but not limited to lost profits or use that may result from this Agreement or out of the services or goods furnished hereunder. 6.2 CONSULTANT agrees that the covenants and representations relating to indemnification shall survive the term of this Agreement and continue in full force and effect as to the Party's responsibility to indemnify. 6.3 Nothing contained here is intended nor shall be construed to waive CITY’s rights and immunities under the common law or Section 768.28, Florida Statutes, as may be amended from time to time. ARTICLE 7 – INSURANCE 7.1 The CONSULTANT expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the CONSULTANT shall in no way limit the responsibility to indemnify, keep, and save harmless and defend the CITY or its officers, employees, agents, and instrumentalities as herein provided. 7.2 CONSULTANT shall not commence work under this Agreement until it has obtained all insurance required under this paragraph and Attachment A and such insurance has been approved by the Risk Manager of the CITY, nor shall the CONSULTANT allow any sub-consultant to commence work on any subcontract until all similar such insurance required of the sub- consultant has been obtained and similarly approved. a.During the performance of the Services under this Agreement, CONSULTANT shall maintain the following insurance policies and provide originals or certified copies of all policies to CITY’s Director of Risk Management. All policies shall be written by an insurance company authorized to do business in Florida. CONSULTANT shall be required to obtain all applicable insurance coverage, as indicated below, prior to commencing any service pursuant to this Agreement: i.Worker’s Compensation Insurance: The CONSULTANT shall procure and maintain for the life of this Agreement, Worker’s Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer’s Liability with limits meeting all applicable state and federal laws. This coverage must extend to any subcontractor that does not have their own Worker’s Compensation and Employer’s Liability Insurance. The policy must contain a waiver of subrogation in favor of the City of Boynton Beach, executed by the insurance company. 189 RFQ NO. 25-018Q CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT A-8 ii.Comprehensive General Liability: The CONSULTANT shall procure and maintain for the life of this Agreement, Comprehensive General Liability Insurance. This coverage shall be on an “Occurrence” basis. Coverage shall include Premises and Operations; Independent consultants, Products-Completed Operations and Contractual Liability with specific reference to Article 10, “Indemnification” of this Agreement. This policy shall provide coverage for death, personal injury, or property damage that could arise directly or indirectly from the performance of this Agreement. CONSULTANT shall maintain a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury/ and $1,000.000 per occurrence/aggregate for property damage. The general liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty (30) days prior written notice to the CITY. iii.Business Automobile Liability: The CONSULTANT shall procure and maintain, for the life of this Agreement, Business Automobile Liability Insurance. The CONSULTANT shall maintain a minimum amount of $1,000,000 combined single limit for bodily injury and property damage liability to protect the CONSULTANT from claims for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non-owned automobile, included rented automobiles, whether such operations be by the CONSULTANT or by anyone directly or indirectly employed by the CONSULTANT. iv.Professional Liability (Errors and Omissions) Insurance: The CONSULTANT shall procure and maintain for the life of this Agreement in the minimum amount of $1,000,000 per occurrence. v.Umbrella/Excess Liability Insurance: in the amount of $1,000,000.00 as determined appropriate by the CITY, depending on the type of job and exposures contemplated. Coverage must follow the form of the General Liability, Auto Liability, and Employer’s Liability. This coverage shall be maintained for a period of no less than the later of three (3) years after the delivery of goods/services or final payment pursuant to the Agreement. Right to Revise or Reject. CITY reserves the right, but not the obligation, to revise any insurance requirement, not limited to limits, coverages, and endorsements, or to reject any insurance policies that fail to meet the criteria stated herein. Additionally, CITY reserves the right, but not the obligation, to review and reject any insurer providing coverage due to its poor financial condition or failure to operate legally. Additional Insureds. All required insurance (except Worker’s Compensation and Professional Liability) shall include an Additional Insured endorsement identifying “the City of Boynton Beach, its commissioners, officers, employees, and agents” as Additional Insureds. The CITY shall pay no costs for an additional insured endorsement. ARTICLE 8 - NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYMENT During the performance of the Agreement, neither the CONSULTANT nor any sub-consultants shall discriminate against any employee or applicant for employment because of race, religion, color, gender, national origin, sex, age, marital status, political affiliation, familial status, sexual 190 RFQ NO. 25-018Q CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT A-9 orientation, or disability if qualified. CONSULTANT will take affirmative action to ensure that employees are treated during employment without regard to their race, religion, color, gender, national origin, sex, age, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. Such actions must include, but not be limited to, the following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. CONSULTANT shall agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. CONSULTANT further agrees that CONSULTANT will ensure that sub-consultants, if any, will be made aware of and will comply with this nondiscrimination clause. ARTICLE 9 – STAFFING AND INDEPENDENT CONTRACTOR 9.1 Personnel. CONSULTANT represents that its project manager and all key staff identified in CONSULTANT’s Proposal shall remain assigned to the Project, unless otherwise specifically agreed by the CITY. All personnel engaged in performing the Services shall be fully qualified and, if required, licensed or permitted under all applicable federal, state, and local laws and regulations to perform such services. CONSULTANT specifically acknowledges that its employees will not be covered by the CITY’s workers’ compensation insurance and CONSULTANT will be solely and exclusively responsible for payment of all federal and state income, social security, unemployment, and disability taxes due in respect of all compensation and/or other consideration paid by the CITY to CONSULTANT under this Agreement. 9.2 Independent Contractor. This Agreement does not create an employee/employer relationship between the parties. It is the intent of the parties that the CONSULTANT is an independent Consultant under this Agreement and not the CITY's employee for all purposes, including but not limited to the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers' Compensation Act, and the State unemployment insurance law. The CONSULTANT shall retain sole and absolute discretion in the judgment of the manner and means of carrying out CONSULTANT's activities and responsibilities hereunder provided, further that administrative procedures applicable to Services rendered under this Agreement shall be those of CONSULTANT, which policies of CONSULTANT shall not conflict with CITY, State, or United States policies, rules or regulations relating to the use of CONSULTANT's funds provided for herein. The CONSULTANT agrees that it is a separate and independent enterprise from the CITY, that it has full opportunity to find other business, that it has made its own investment in its business, and that it will utilize the standard of care to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the CONSULTANT and the CITY, and the CITY will not be liable for any obligation incurred by CONSULTANT, including but not limited to unpaid minimum wages and/or overtime premiums. ARTICLE 10 - AGREEMENT SUBJECT TO FUNDING This 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. In the event funds to finance this Agreement become unavailable, the CITY may terminate this Agreement upon no less than twenty-four (24) hours’ notice to CONSULTANT. The CITY shall be the sole and final authority as to the availability of funds. 191 RFQ NO. 25-018Q CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT A-10 ARTICLE 11 - UNCONTROLLABLE FORCES Neither CITY nor CONSULTANT shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non-performing Party could not avoid. The term "Uncontrollable Forces" shall mean any event that 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 nonperforming Party. It includes, but is not limited to: fire, flood, earthquakes, storms, lightning, epidemics, pandemics, acts of God, war, riot, civil disturbance, sabotage, 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 nonperforming Party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming 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 12 - GOVERNING LAW, JURISDICTION, VENUE, AND WAIVER OF JURY TRIAL This Agreement shall be governed by and construed in accordance with the laws of the State of Florida as now and hereafter in force. The venue for any and all claims or actions arising out of or related to this Agreement shall be exclusively in Palm Beach County, Florida. CONSULTANT agrees to waive all defenses to any suit filed in Florida based upon improper venue or forum nonconveniens. THE CITY AND CONSULTANT HEREBY MUTUALLY KNOWINGLY, WILLINGLY, AND VOLUNTARILY WAIVE THE RIGHT TO TRIAL BY JURY, AND NO PARTY NOR ANY ASSIGNEE, SUCCESSOR, OR LEGAL REPRESENTATIVE OF THE PARTIES SHALL SEEK A JURY TRIAL IN ANY LAWSUIT, PROCEEDING, COUNTERCLAIM OR ANY OTHER LITIGATION PROCEEDING BASED UPON OR ARISING OUT OF THIS AGREEMENT, OR ANY COURSE OF ACTION, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS RELATING TO THIS AGREEMENT. THE PARTIES ALSO WAIVE ANY RIGHT TO CONSOLIDATE ANY ACTION IN WHICH A JURY TRIAL HAS BEEN WAIVED, WITH ANY OTHER ACTION IN WHICH A JURY TRIAL HAS NOT BEEN WAIVED. THE PROVISIONS OF THIS PARAGRAPH HAVE BEEN FULLY NEGOTIATED BY THE PARTIES. THE WAIVER CONTAINED HEREIN IS IRREVOCABLE, CONSTITUTES A KNOWING AND VOLUNTARY WAIVER, AND SHALL BE SUBJECT TO NO EXCEPTION. NEITHER THE CITY NOR THE CONSULTANT HAS IN ANY WAY AGREED WITH OR REPRESENTED TO THE OTHER OR ANY OTHER PARTY THAT THE PROVISIONS OF THIS PARAGRAPH WILL NOT BE FULLY ENFORCED IN ALL INSTANCES. THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. ARTICLE 13 - SIGNATORY AUTHORITY CONSULTANT shall provide CITY with copies of requisite documentation evidencing that the signatory for CONSULTANT has the authority to enter into this Agreement. ARTICLE 14 - DEFAULT OF CONTRACT & REMEDIES 14.1 Damages. CITY reserves the right to recover any ascertainable actual damages incurred as a result of the failure of CONSULTANT to perform in accordance with the requirements of this 192 RFQ NO. 25-018Q CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT A-11 Agreement or for losses sustained by CITY resultant from CONSULTANT's failure to perform in accordance with the requirements of this Agreement. 14.2 Correction of Services. If, in the judgment of CITY, the Services provided by CONSULTANT do not conform to the requirements of this Agreement, or if the Services exhibit poor workmanship, CITY reserves the right to require that CONSULTANT correct all deficiencies in the services to bring the Services into conformance without additional cost to CITY, and/or replace any personnel who fail to perform in accordance with the requirements of this Agreement. CITY shall be the sole judge of non-conformance and the quality of Services. 14.3 Default of Contract. The occurrence of any one or more of the following events shall constitute a default and breach of this Agreement by CONSULTANT for which CITY may terminate for cause: 14.3.1 The abandonment, unnecessary delay, refusal of, or failure to comply with any of the terms of this Agreement or neglect or refusal to comply with the instructions of the City Manager or individual relative thereto. 14.3.2 The failure by CONSULTANT to observe or perform any of the terms, covenants, or conditions of this Agreement to be observed or performed by CONSULTANT, where such failure shall continue for a period of thirty (30) days after written notice thereof by CITY to CONSULTANT; provided, however, that if the nature of CONSULTANT's default is such that more than thirty (30) days are reasonably required for its cure, then CONSULTANT shall not be deemed to be in default if CONSULTANT commences such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion. 14.3.3 The assignment and/or transfer of this Agreement or execution or attachment thereon by CONSULTANT or any other Party in a manner not expressly permitted hereunder. 14.3.4 The making by CONSULTANT of any general assignment or general arrangement for the benefit of creditors, or the filing by or against CONSULTANT of a petition to have CONSULTANT adjudged a bankruptcy, or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against CONSULTANT, the same is dismissed within sixty (60) days); or the appointment of a trustee or a receiver to take possession of substantially all of CONSULTANT's assets, or for CONSULTANT's interest in this Agreement, where possession is not restored to CONSULTANT within thirty (30) days; for attachment, execution or other judicial seizure of substantially all of CONSULTANT's assets, or for CONSULTANT's interest in this Agreement, where such seizure is not discharged within thirty (30) days. ARTICLE 15 – BANKRUPTCY It is agreed that if CONSULTANT is adjudged bankrupt, either voluntarily or involuntarily, this Agreement shall automatically terminate effective on the date and at the time the bankruptcy petition is filed. 193 RFQ NO. 25-018Q CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT A-12 ARTICLE 16 - DISPUTE RESOLUTION If a dispute arises between CITY and CONSULTANT relating to this Agreement, performance, or compensation hereunder, CONSULTANT shall continue to render Services in full compliance with all terms and conditions of this Agreement as interpreted by CITY regardless of such dispute. CONSULTANT expressly agrees, in consideration for the execution of this Agreement, that in the event of such a dispute, if any, it will not seek injunctive relief in any court but will negotiate with CITY for an adjustment on the matter or matters in dispute and, upon failure of said negotiations to resolve the dispute, may present the matter to a court of competent jurisdiction in an appropriate suit therefore instituted by it or by CITY. ARTICLE 17 - PUBLIC RECORDS 17.1 The City of Boynton Beach is a public agency subject to Chapter 119, Florida Statutes. The CONSULTANT shall comply with Florida’s Public Records Law. Specifically, the CONSULTANT shall: 17.1.1 Keep and maintain public records required by the CITY to perform the service; 17.1.2 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 the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law; 17.1.3 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 Agreement term and, following completion of the Agreement, CONSULTANT shall destroy all copies of such confidential and exempt records remaining in its possession after the CONSULTANT transfers the records in its possession to the CITY; and 17.1.4 Upon completion of the Agreement, CONSULTANT shall transfer to the CITY, at no cost to the CITY, all public records in CONSULTANT’s possession. All records stored electronically by the CONSULTANT 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. 17.2 The failure of CONSULTANT to comply with the provisions set forth in this Article shall constitute a Default and Breach of this Agreement, for which, the CITY may terminate the Agreement in accordance with the terms herein. IF CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONSULTANT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 194 RFQ NO. 25-018Q CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT A-13 TELEPHONE: 561-742-6060 CityClerk@bbfl.us ARTICLE 18 – PERFORMANCE EVALUATIONS CONSULTANT will be evaluated on a project-by-project basis utilizing the form attached hereto as Attachment B. The evaluations provide information about compliance with budget, schedule, and other key performance indicators and are a factor in future procurement evaluations. Evaluations are submitted to the CONSULTANT as part of the project closeout process. ARTICLE 19 – REGULATORY CAPACITY Notwithstanding the fact that CITY is a municipal corporation with certain regulatory authority, CITY’s performance under this Agreement is as a Party to this Agreement and not in its regulatory capacity. If CITY exercises its regulatory authority, the exercise of such authority and the enforcement of applicable law shall have occurred pursuant to CITY’s regulatory authority as a governmental body separate and apart from this Agreement and shall not be attributable in any manner to CITY as a Party to this Agreement. ARTICLE 20 – MISCELLANEOUS 20.1 Ownership of Documents. All plans, drawings, calculations, construction documents, technical specifications, sketches, photographs, videos, illustrations, tracings, PowerPoint presentations, specifications, maps, computer files, and/or studies or reports prepared or obtained under this Agreement, as well as all data collected, together with summaries and charts derived therefrom, regardless of form or format, will be considered works made for hire and, upon payment by the CITY of the Fee for same, will become the exclusive property of the CITY without restriction or limitation on their use and will be made available, upon request, to the CITY upon request and/or upon completion or termination of this Agreement. CITY shall not be required to pay any additional charges for the CITY’s documents and records. Documents can be provided to the CITY electronically. Upon delivery to the CITY of said document(s), the CITY will become the custodian thereof in accordance with Chapter 119, Florida Statutes. CONSULTANT will not copyright any material and products or patent any invention developed under this Agreement. CONSULTANT specifically waives and releases all rights that CONSULTANT may have in the materials, products, or inventions pursuant to 17 U.S.C. §106A and 113(d). CONSULTANT acknowledges and affirms that pursuant to 17 U.S.C. §106A(e), such waiver and release shall be effective as to any and all uses foreseeable and unforeseeable for which such materials, products, or invention might be subject. CONSULTANT waives and assigns to CITY all copyrights under 17 U.S.C. §101, et seq., and all other rights in the materials, products, invention, and any work produced. Any reuse of CONSULTANT’s prepared documents by the CITY, except for the specific purpose intended under this Agreement, will be at CITY’s sole risk and without liability or legal exposure to CONSULTANT or its sub-consultants. 20.2 Consultant’s Records. Notwithstanding any other provision in this Agreement, CONSULTANT shall be entitled to retain a copy of all plans, drawings, calculations, construction documents, technical specifications, sketches, photographs, videos, illustrations, tracings, PowerPoint presentations, specifications, maps, computer files and/or studies or reports prepared or obtained under this Agreement, as well as all data collected, together with summaries and charts derived therefrom, for CONSULTANT’s records only as is necessary for CONSULTANT to 195 RFQ NO. 25-018Q CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT A-14 document its Services. Consultant acknowledges that plans, drawings, documents, and records related to the physical security of CITY facilities or security systems are exempt or confidential records and shall not be disclosed by CONSULTANT, except as authorized by law and specifically authorized by CITY. 20.3 Standard of Care. The standard of care for all Services performed or furnished by CONSULTANT under this Agreement will be the care and skill ordinarily used by members of CONSULTANT’s profession practicing under similar circumstances. 20.4 Standard of Conduct. The implied covenant of good faith and fair dealing under Florida law is expressly adopted. 20.5 Compliance with Laws. In the conduct of Services under this Agreement, CONSULTANT shall comply in all material respects with all applicable federal and state laws and regulations and all applicable County and City ordinances and regulations. 20.6 Legal Representation. It is acknowledged that each Party to this Agreement had the opportunity to be represented by counsel in the preparation of this Agreement. Accordingly, the rule that a contract shall be interpreted strictly against the Party preparing same shall not apply herein due to the joint contributions of both Parties. 20.7 Duly Licensed. CONSULTANT represents that it is duly licensed in Florida to perform the Services under this Agreement and that it will continue to maintain all licenses and approvals required to conduct its business. 20.8 Records and Right to Audit. CONSULTANT shall keep such records and accounts and require all subcontractors to keep records and accounts as necessary to record complete and correct entries as to personnel hours charged to this engagement and any expenses for which CONSULTANT expects to be reimbursed. Such books and records will be available at all reasonable times for examination and audit by CITY and shall be kept for a period of SIX (6) years after the completion of all work to be performed pursuant to this Agreement. Incomplete or incorrect entries in such books and records will be grounds for disallowance by CITY of any fees or expenses based upon such entries. All records shall be maintained and available for disclosure, as appropriate, in accordance with Chapter 119, Florida Statutes. If an audit inspection in accordance with this section discloses overpricing or overcharges (of any nature) by CONSULTANT to the CITY in excess of one-half of one percent (.5%) of the total contract billings, (1) the reasonable costs of the CITY’s audit shall be reimbursed to the CITY by the CONSULTANT and (2) liquidated damages in the amount of 15% of the overpricing or overcharges shall be assessed. Any adjustments and/or payments that must be made as a result of the audit inspection, including any interest, audit costs, and liquidated damages, shall be made by the CONSULTANT within 45 days from the presentation of the CITY’s findings to the CONSULTANT. Failure by CONSULTANT to permit such audit shall be grounds for termination of this Agreement by the CITY. 20.9 Assignments; Amendments. This Agreement and any interests herein shall not be assigned, transferred, or otherwise encumbered, under any circumstances, by CONSULTANT without the prior written consent of CITY. For purposes of this Agreement, any change of ownership of CONSULTANT shall constitute an assignment that requires CITY approval. However, this Agreement shall run to the benefit of CITY and its successors and assigns. It is further agreed that no modification, amendment, or alteration in the terms or conditions contained 196 RFQ NO. 25-018Q CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT A-15 herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 20.10 No Contingent Fees. CONSULTANT warrants that it has not employed or retained any company or person other than a bona fide employee working solely for CONSULTANT 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 CONSULTANT any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, CITY shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift, or consideration. 20.11 Waiver. Any waiver by either Party of any one or more of the covenants, conditions, or provisions of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or any covenant, condition, or provision of this Agreement. Nothing in this Agreement shall be interpreted to constitute a release of the responsibility and liability of CONSULTANT, its employees, sub-contractors, agents, and sub-consultants for the accuracy and competency of their designs, working drawings, construction documents, technical specifications or other documents and works, nor shall any approval by the CITY be deemed to be an assumption of such responsibility by the CITY for a defect or omission in designs, construction documents, technical specifications or other documents prepared by CONSULTANT, its employees, agents or subcontractors. 20.12 Remedies. No remedy conferred upon any Party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy granted by this Agreement or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy shall preclude any other or further exercise thereof. 20.13 Notice. Whenever any Party desires to give notice unto any other Party, it must be given by written notice, sent by certified United States mail, with return receipt requested, addressed to the Party for whom it is intended and the remaining Party, at the places last specified, and the places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. For the present, CONSULTANT and CITY designate the following as the respective places for giving of notice: CITY: Daniel Dugger, City Manager City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, FL 33435 Telephone No. (561) 742-6000 CONSULTANT: _________________________. _________________________. _________________________. _________________________. _________________________. Rebecca Travis, Exec Vice President Baxter & Woodman, Inc. 1601 Forum Place, Suite 400 West Palm Beach, FL 33401 Telephone No. (561) 425-7715 197 RFQ NO. 25-018Q CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT A-16 20.14 Binding Authority. Each person signing this Agreement on behalf of either Party individually warrants that he or she has full legal power to execute this Agreement on behalf of the Party for whom they are signing and to bind and obligate such Party with respect to all provisions contained in this Agreement. 20.15 Headings. Headings herein are for convenience of reference only and shall not be considered on any interpretation of this Agreement. 20.16 Exhibits. Each exhibit referred to in this Agreement forms an essential part of this Agreement. The exhibits, if not physically attached, should be treated as part of this Agreement and are incorporated herein by reference. 20.17 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. 20.18 Extent of Agreement; Conflicts. This Agreement represents the entire and integrated agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or agreements, either written or oral. In the event of any conflict or ambiguity by and between this Agreement, the RFQ, and any exhibits, the provisions shall be given precedence in the following order: (1) This Agreement, (2) Exhibit A, (3) Exhibit C, (4) the RFQ, and (5), Exhibit B. 20.19 Attorneys’ Fees. In the event that either Party brings suit for enforcement of this Agreement, each Party shall bear its own attorney's fees and court costs, except as otherwise provided under the indemnification provisions set forth herein above. 20.20 Counterparts and Execution. This Agreement may be executed by hand or electronically in multiple originals or counterparts, each of which shall be deemed to be an original and together shall constitute one and the same agreement. Execution and delivery of this Agreement by the Parties shall be legally binding, valid, and effective upon delivery of the executed documents to the other Party through facsimile transmission, email, or other electronic delivery. 20.21 No Third-Party Beneficiaries. The Services to be performed by the CONSULTANT are intended solely for the benefit of the CITY. No person or entity not a signatory to this Agreement shall be entitled to rely on the CONSULTANT's performance of its Services hereunder, and no right to assert a claim against the CONSULTANT by assignment of indemnity rights or otherwise shall accrue to a third Party as a result of this Agreement or the performance of the CONSULTANT's Services hereunder. 20.22 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. 198 RFQ NO. 25-018Q CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT A-17 20.23 Discriminatory Vendor and Scrutinized Companies Lists; 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 Term will remain, in compliance with Section 286.101, Florida Statutes. 20.24 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 this Agreement for cause, and CONSULTANT shall be liable for all costs incurred by CITY due to the termination. 20.25 Limitation of Liability. Notwithstanding any provision of the Agreement to which it is applicable, CITY shall not be liable or responsible to CONSULTANT beyond the amount remaining due to CONSULTANT under this Agreement, regardless of whether said liability be based in tort, contract, indemnity, or otherwise; and in no event shall CITY be liable to CONSULTANT for punitive or exemplary damages or lost profits or consequential damages. SIGNATURE PAGE FOLLOWS 199 200 201 RFQ NO. 25-018Q CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT A-20 EXHIBIT A SCOPE OF WORK AND PROJECT SCHEDULE 202 17/9/2025 Baxter & Woodman, Inc. Exhibit A City of Boynton Beach Chapel Hill Drainage Improvements Scope of Services Baxter and Woodman, Inc. July 9, 2025 This Scope of Work when executed, will become part of the Agreement for professional services between the City of Boynton Beach (City), Florida and Baxter & Woodman, Inc. (Consultant), for the Chapel Hill Drainage Improvements Project, RFQ No. 25-018Q. BACKGROUND The City has selected the Consultant to provide engineering services in support of the “Chapel Hill Drainage Improvements” (Project). The engineering services desired by the City include hydrologic and hydraulic (H&H) modeling, engineering, constructability review, value engineering, permitting, bidding assistance, construction management and part-time inspection services. A report was previously prepared by others for the Project, which included preliminary design recommendations and cost estimates used to support grant applications and the solicitation of design professionals. The major work items for the Project include the design of approximately 26,000 linear feet (LF) of roadway drainage including curbing, swales, pipes, exfiltration trenches, drainage structures, new gravity outfall(s), a discharge pipe for a stormwater pump station and a new stormwater pump station. Ancillary items associated with the construction of the stormwater management system include but are not limited to sanitary and water service line adjustments, driveway replacements, roadway widening and restoration, and erosion control measures. The project includes the following streets in the Chapel Hill Community: SW 24th Ave., SW 25th Pl., SW 27th Ave., SW 9th St., SW 8th St., SW 7th St., SW 6th St., SW 5th St., SW 4th St., SW 27th Pl., SW 27th Way., SW 27th Ter., SW 28th Ave., Sunset Rd., Fernwood Dr., Westwood Ln., Churchill Dr. and Chapel Hill Blvd. Refer to the area bounded in green on the exhibit to the right. The purpose of the project is to improve the level of service for the roads listed and improve the water quality that is being discharged from this area to the E-4 Canal. 203 27/9/2025 Baxter & Woodman, Inc. SCOPE OF WORK The following is a description of the Scope of Services to be provided under this Agreement. Consultant will provide engineering services for the “Chapel Hill Drainage Improvement” project. Task 1 – Project Coordination and Preliminary Design Task 1.1 Project Management: the Consultant will plan, schedule, and control the activities that must be performed to complete the project including budget, schedule, and scope. Coordinate with the City and project team to ensure the goals of the project are achieved. Prepare and submit monthly invoices, coordinate invoices from sub-consultants, and provide a monthly status report via email describing tasks completed the previous month and outlining goals for the subsequent month. Task 1.2 Project Meetings: the following meetings are anticipated for this project: Meetings with City (7 total) Kickoff Meeting, Preliminary Design Report Meeting, Preliminary Design Review Meeting, Grant Coordination Meetings, Progress Review Meeting, and Final Plans Review Meeting. Task 1.3 Topographic Survey: the Consultant will furnish the services of a Florida- licensed professional land surveyor to provide survey services consisting of topography and horizontal locations referenced by baseline stationing. All existing facilities and utilities within the project area (design limits) will be referenced by baseline station with an offset distance (left or right) from the baseline for the project and will include the following: Topography survey at maximum 25-foot intervals and at major ground elevation changes to depict existing ground within the proposed project area. This will be accomplished by collecting pertinent data which will include the following: a) Location of all visible fixed improvements within the project limits, including physical objects, roadway pavement, driveways, sidewalks, curbs, trees, signs, fences, power poles, buildings (including finished floors), and other encumbrances, including points of intersections, curvature and tangency. b) The face of each building adjacent to right-of-way with finish floor elevation. c) Elevations within project area will be indicated on a minimum 25-foot grid (Based on NAVD88 datum), and will indicate centerline grades, edge of pavement grades and shoulder grades, low points and all property easement lines. Intermediate grades will be indicated at all grade breaks, driveways, and sidewalks. A minimum of 5 foot over the right-of-way line will also be collected along the length of road. 204 3 7/9/2025 Baxter & Woodman, Inc. d) Provide and reference a benchmark within the project area. Elevation to be referenced to an existing established City or County Benchmark. e) Locate all drainage and gravity sewer features and pipes including invert elevations, top of structure elevations, bottom of structure elevations, pipe directions, pipe connectivity, pipe sizes and pipe materials. Upstream and downstream structures will be located. f) Identify platted rights-of-way and dedicated easements. g) All valve box rims and top of nut associated with the valve box. h) Provide and reference benchmarks at maximum 600-ft intervals. Elevations to be referenced to an existing established City or County Benchmark. i) Topography and trees and landscape in areas of Girl Scout Park and Forest Hill Park. The topographical survey data will be prepared in AutoCAD (Version 2025) formatted at a scale of 1” = 20’. The final topographical survey drawing will also include the locations and results of SUE work and test holes. The limits of the survey will be considered the right-of-way, 5 feet on the private property, and the face of structures adjacent to the right-of-way. The survey will be field checked to confirm that above-ground features were obtained. The Consultant will walk the proposed improvement routes to: resolve deficient/questionable items from the topographic survey; evaluate the condition of existing pavements, drainage structures, sidewalk, and curb and gutter; confirm the horizontal and vertical alignment of new drainage; identify installation methods; evaluate the condition of existing surfaces and structures and identify areas conducive for contractor staging; identify right-of-way features to be protected. Task 1.4 Geotechnical Investigation: the Consultant will provide the services of a professional geotechnical engineer to provide subsurface investigations of the project area that will include: a) Perform twelve (12) SPT borings to depths of 20 feet below grade for the design of the drainage structures. b) Perform two (2) SPT borings to depths of 35 feet below grade for the design of the pump station. c) Will have twelve (12) pavement cores collected and evaluated by the geotechnical engineer for the design of the roadway. d) Perform eight (8) percolation tests to determine the soil hydraulic conductivity for the design of the exfiltration trenches. e) One (1) signed and sealed Geotechnical engineering evaluation report (electronic .pdf) will be provided. The geotechnical engineering report will include detailed graphical logs of soil borings indicating groundwater levels and soil classifications, results of exfiltration 205 4 7/9/2025 Baxter & Woodman, Inc. and laboratory tests, pavement restoration and site preparation recommendations, as well as design guidance for excavation, trenching, pipe and structure, shoring, fill and backfill, and compaction related to the proposed work. Task 1.5 Utility Coordination, subsurface investigation and soft digs: Consultant will contact and review the information from utility agencies (electric, phone, gas, cable TV, and City facilities) and soft digs. The Consultant will furnish the services of a professional subsurface utility engineering company to provide utility designation service to identify underground field locations of existing utilities throughout the limits of the project. The work will consist of conducting a thorough electronic search for buried utility systems and infrastructure. The investigation will be accomplished using active and passive utility detection equipment. Utility designation will be performed in the field using standard paint colors to indicate the utility’s location and direction. These markings will be coordinated with the Surveyor and incorporated into the survey data. Once proposed improvements have been approved by the City, Consultant will perform test holes to physically identify buried utilities. Test holes consist of vacuum or hand excavation to measure and record the approximate horizontal, depth, pipe diameter, and pipe material data of utilities that could be affected within the project limits. Consultant will provide a subsurface investigation report as developed by the professional underground services company. Consultant will provide the services of a qualified company to use vacuum excavation equipment to perform up to 100 test holes at locations as directed by the client. Consultant will make every effort to vacuum excavate to a depth of eight (8) feet using high pressure air methods. However, vacuum excavation will cease when these methods are unable to progress below refusal, such as bedrock or flowable fill. Consultant will not employ destructive methods, such as jackhammers or chipping hammers, to break up bedrock or other refusal within a test hole due to the risk of damage to buried utilities and safety risk to employees. Utilities deeper than 8 feet may not be found. Sunshine 811 will be notified two (2) full business days in advance of excavation. The results will be coordinated and collected as part of the survey. Task 1.6 Title Work: The City has identified two existing drainage pipe outfall locations where the existence of easements are to be confirmed. Consultant will utilize the services of a title work company to research the available public records. The locations are along the lot line between 920 and 914 Chapel Hill Boulevard and between 3216 and 3220 Chapel Hill Boulevard. The title work information will be provided to the City and any existing easement information reflected on the design plans. Task 1.7 Grant Application, Administration & Reporting Assistance: Consultant will assist the City in identifying various loan and grant opportunities, including but not limited to State Revolving Fund, Resilient Florida, Hazard Mitigation, Palm Beach County Local Mitigation Strategy Flood Assistance Program, and Department of 206 5 7/9/2025 Baxter & Woodman, Inc. Economic Opportunity Florida Commerce Grant. Consultant will assist the City in preparing and completing application forms for the selected loan or grant option(s). Consultant will also work with City Grants Manager, once the grants the City wants to apply for are identified, Commission approval will be needed before applying for the desired grant. This task is limited to assistance with application to three construction funding sources. The City provided a 2021 multi-jurisdictional vulnerability assessment for our use. This current scope of work does not include the preparation of an updated or Boynton Beach specific Vulnerability Study as required for the Resilient Florida program. During construction Consultant will assist with Wage Rate Interview Forms (if necessary) and prepare necessary Grant reporting information and submit to the City, for their compliance reporting with Federal or State Grants for project funding (including monthly and quarterly reporting). Task 2 – Preliminary Design Report Task 2.1 Existing H&H Modeling Review and Update: The City has an existing model of this area in PC-SWMM, which was prepared in December 2021. The model and its results are documented in the report titled Final Report- City of Boynton Beach San Castle, Lake Boynton Estates, and Chapel Hill Stormwater Evaluation. The Chapel Hill area portion of the SWMM stormwater model will be reviewed and updated as needed to confirm the findings and recommendations. It is believed that updating the model from PC-SWMM to ICPR4 (Stormwise) will be beneficial because ICPR4 now includes a modeling component for exfiltration trenches. It also provides tools for copying and editing model scenarios. Therefore, the final model deliverable for this project will be ICPR4. Modifications will be made to an existing condition model. Improvements will be added such as the pump station and additional exfiltration trenches as recommended by Consultant and agreed to by the City. Up to three alternatives will be modeled to confirm the best configuration in terms of level of service improvements and cost effectiveness. The results of the modeling will be presented along with, a drawing/figure of the final recommended drainage improvement layout, a discussion of the survey and subsurface investigations, recommendations regarding road pavement restoration, and a discussion of permitting issues. Task 2.2 Draft and Final Design Report, H&H Modeling, and Options: The Consultant will prepare a brief, results-oriented Preliminary Design Report (PDR) summarizing the tasks performed, the findings of the field investigation and detailed design criteria for the recommended improvements. One (1) portable document format (PDF) report will be submitted for review by the City. The Final PDR will incorporate City comments; one (1) PDF copy of the report will be submitted, along with the H&H input model files. The PDR will include the following: 207 67/9/2025 Baxter & Woodman, Inc. o Sub-Consultant report: Survey, Geotechnical Investigation Report, Subsurface Utility Engineering Report, Utility Coordination Summary o Preliminary typical cross-sections o Permitting coordination o Typical details (provided by City) o Summary of project impacts due to the proximity of Lake Ida and the associated WBID for impaired waterbody. o Stormwater technical memorandum o Preliminary recommendation of options (maximum of three (3)) o Potential construction phasing o Preliminary Engineer’s Opinion of Probable Construction Costs for each option Task 3 – Final Design and Plan Development Task 3.1 Design Drawings: Consultant will prepare construction drawings which will include: cover sheet, general notes, civil plan/profile drawings, and detail sheets conforming to the requirements of the current City of Boynton Beach Minimum Construction Standards. Drawings in electronic (pdf format) will be submitted for City review at Preliminary, Progress, Permit, Final and Bid stages. One (1) hard copy (22”x34” or 11”x17”) of drawing sets per submittal can be provided upon City request. A Bluebeam Revu studio session will be set up between the City and the Consultant for each deliverable to track and review comments. Comments can be reviewed, and concurrence can be developed as part of the review. The use of Bluebeam is part of the Consultant’s quality assurance and quality control process. Task 3.2 Contract Documents and Specifications: Contract Documents consisting of “front-end” documents and technical specifications will be prepared for Final and Bid design submittal. As part of the preliminary submittal a table of contents will be prepared. “Front-end” documents will be provided by the City for incorporation into the Contract Documents. The technical specifications will conform to the City of Boynton Beach Standards Specifications for Construction. Technical specifications to be reviewed and edited by the Consultant as needed, and to sign and seal. Specifications in electronic (pdf format) will be submitted for City review. One (1) hard copy of technical specifications per submittal can be provided upon City request. Task 3.3 Engineer’s Opinion of Probable Cost: Consultant will prepare a detailed Engineer’s Opinion of Probable Cost (EOPC). The EOPC will be based upon the level of design drawings and specifications submitted to the City. The EOPC will reflect changes in general scope, extent or character of design requirements incorporated during the various design review stages. EOPC in electronic (pdf format) will be submitted for City review at the Preliminary, Final and Bid stages. A schedule of values will also be prepared at the bid stage. One (1) hard copy of the EOPC per submittal 208 7 7/9/2025 Baxter & Woodman, Inc. can be provided to the City upon request. Task 4 – Permitting It is anticipated that Consultant will be required to perform permitting services to get new or modify existing permits as necessary based on revisions to the original design. Permit applications will be completed for each of the permitting agencies if required. Associated permit application fees will be determined by Consultant and paid for by the City under permit allowance. Services do not include preparing the permit application for SFWMD construction dewatering permit (Contractor will be required to secure this permit for construction). In addition to preparing the permit applications for appropriate agencies, Consultant will assist the City in consultations with the appropriate authorities. Consultation services will include the following: · Attend up to one (1) meeting with the staff of each regulatory agencies. · Respond to the request(s) for additional information from each regulatory agency. Consultant will prepare a response for up to one (1) request for information issued by each regulatory agencies. Task 4.1 USACE Nationwide Permit: Coordinate with regulatory agency and submit applications, calculations, drawings, etc. as necessary to permit the proposed design. Task 4.2 SFWMD Environmental Resource Permit: Coordinate with regulatory agency and submit applications, calculations, drawings, etc. as necessary to permit the proposed design. Task 4.3 Lake Worth Drainage District: Coordinate with regulatory agency and submit applications, calculations, drawings, etc. as necessary to permit the proposed design. Task 4.4 City of Boynton Beach Tree Removal & Mitigation: Coordinate with regulatory agency and submit applications, calculations, drawings, etc. as necessary to permit the proposed design. Task 4.5 Boynton Beach Building Department: Consultant will prepare and submit a set of plans for preapplication to the City of Boynton Beach Building Department, in order to initiate the building department review process for the proposed improvements for the Pump Station. Consultant will prepare a response for up to one (3) request for information issued by the City’s building department. Upon bidding and selection of a Contractor, the selected Contractor will be required to assume the permit prior to formal issuance of the permit by the City. The contractor will be responsible for paying for the building permit. 209 8 7/9/2025 Baxter & Woodman, Inc. Task 5 – Bidding Assistance Consultant will assist the City with the following for bidding of the project: Task 5.1 Bid Advertisement: Consultant will provide Contract Documents in electronic (.pdf format) for City to issue to prospective bidders. City will receive and process bidding documents and will maintain a record of prospective bidders to whom bidding documents have been issued. Task 5.2 Pre-Bid Conference: Consultant will attend a pre-bid conference followed by a site visit in conjunction with City staff and provide a written summary of issues discussed in meeting minutes. Task 5.3 Bid Clarification/Addenda: Consultant will assist City in issuing addenda and will provide supplemental information or clarification, as appropriate, to interpret, clarify, or expand the bidding documents to all prospective bidders during the bid period. City will issue all addenda to prospective bidders. Task 5.4 Contract Award Recommendation: City will conduct the bid opening and prepare a bid tabulation. Consultant will assist City in evaluating bids and proposals, including reference checks. Consultant will submit to the City a written recommendation concerning the contract award to the lowest responsive responsible bidder. Task 5.5 Conformed Contract Documents: Consultant will furnish to the City conformed Contract Documents in the form of one (1) set of pdf files in electronic and CAD format. Task 6 – Limited Construction Services Consultant will provide limited Construction Engineering Services for a combined 14 months of Limited Construction Administration and 12 months assumed for Part Time Construction Inspections, in parallel. Limited Construction Engineering Services are as identified and further detailed below: Task 6.1 Pre-Construction Conference: Construction Manager will prepare the agenda and facilitate the pre-construction conference with the City’s awarded Contractor and City staff. Construction Manager will also coordinate with all associated permitting agencies to attend the meeting. Construction Manager will prepare and issue written minutes of the meeting. Task 6.2 Shop Drawing & Submittal Review: Construction Manager will receive, log, and review Shop Drawings and Product Submittals for general conformance with the design intent and provisions of the Contract Documents. Review of up to 100 submittals (includes submittals and re-submittals if required) is included in the budget 210 9 7/9/2025 Baxter & Woodman, Inc. for submittal review. Construction Manager will endeavor to review and return submittals to City and Contractor within 7 days of receipt. Task 6.3 Progress Meetings: Construction Manager will attend periodically/monthly construction progress meetings with the City and Contractor with an agenda and written summary of the issues discussed. Monthly Progress meetings will be conducted by the Construction Manager with the Inspectors also in attendance depending on work activities. The formal Monthly Progress Meetings will be held in person with virtual optional. Fourteen (18) total progress meetings are included in the budget for this task. Task 6.4 Construction Clarifications/Daily Communication: Respond in writing to Contractor’s Request for Information (RFI) regarding design documents during the estimated 14-month construction period. Construction Manager will issue interpretation and clarifications of the Contract Documents along with associated support materials as requested by the Contractor. Those interpretations will be rendered and a response prepared and submitted to the Contractor within a targeted time frame of 5 working days. This subtask also includes the necessary day-to-day communications with Contractor and City for coordination of the construction activities for the 14-month construction timeframe. For the purposes of this proposal, it is assumed that up to 28 RFIs will be submitted. These do not include clarifications resolved as part of scheduled meetings documented within the minutes. Task 6.5 Certification of Construction Completion: Construction Manager will notify the City and Contractor in writing once the Project is deemed to meet Contract Completion milestones. Consultant’s Engineer of Record will certify based on visible project features inspections, and review of testing reports that the project was constructed in General Conformance with the Plans & Specifications, and all Permit Conditions. The Consultant will also assist with permit and grant close out. Task 6.6 Substantial and Final Inspections: In conjunction with City staff, Construction Manager will make preliminary and final inspections and assist in the preparation of a Project Completion "punch list" to achieve Final Completion. Construction Manager will review the completion of identified punch list items to assist in the determination that Final Completion has been achieved by the Contractor. Construction Manager will advise the City and provide formal notice to the Contractor once Final Acceptance of the project has been reached in accordance with the Contract Documents. This task also includes start up of the stormwater pump station. Task 6.7 Resident Project Representative Phase: Consultant will provide One (1) Part Time Inspector during construction of the work for the construction contract. The Inspector will be part-time for a 12-month period of actual construction (assumes 2- months of the 14-month construction duration no inspections required and primary focus during underground construction timeframe, less so during paving operations) for a total of 780 hours. During the actual construction it is estimated that the RPR will 211 10 7/9/2025 Baxter & Woodman, Inc. provide an average of 15 hour per week. Additional hours on average will be provided during construction of the stormwater pump station. Activities performed by Consultant under this task consist of furnishing a Part Time Inspector during the construction of the project, to observe the quality of the construction work, and to determine, in general, if the construction is proceeding in accordance with the Contract Documents. The City will provide to Consultant relevant field inspection reports, test results and other information prepared by the City’s field inspector which provides a recordation of the Contractor’s work and schedule. Task 7 - Public Outreach Coordination Task 7.1 Public Outreach Meetings: Consultant will coordinate with the City for public outreach meetings. Consultant will develop relevant presentation materials (i.e. Powerpoint, handouts, refreshments, etc.) and present at up to three (3) public outreach meetings to update the public on the status of the Chapel Hill project. The meetings included under this task are as requested by the City but are anticipated to be one meeting during preliminary design, one approximately at 90% design and the last as a preconstruction meeting in conjunction with the contractor. Consultant will also be responsible for looking, organizing and reserving a location to held the public meeting. For the preconstruction public meeting, the Contractor will provide a traffic control plan and schedule to Consultant to include in presentation. Task 7.2 Resident Concern Log: Construction Manager will coordinate with the City’s site inspector for a Resident’s Concern Log. This log will be utilized to administer items for the Contractor to address and track the status of resolution on all items. The log will be discussed and updates provided by the Consultant’s Construction Services Team at each construction progress meeting for the duration of the project. Task 7.3 Website Development & Maintenance: Consultant will obtain the web domain for the Chapel Hill project, will develop the content for the project website and populate the site with relevant information including maps, construction schedule, contact information, etc. and maintain the website by providing regular content updates as the project progresses. The domain expenses are on an annual basis for a period of 2 years. Limitations of Authority Limitations of Inspector’s Authority. Except upon written instructions from the City: o Consultant Representatives will not exceed limitations on Consultant’s authority as set forth in the Contract Documents. o Consultant Inspector will not undertake any of the responsibilities of the 212 11 7/9/2025 Baxter & Woodman, Inc. Contractor, Subcontractors, or Consultant Construction Manager, or expedite the Work. o Consultant will not issue directions relative to any aspect of the means, methods, techniques, sequences, or procedures of construction unless such is specifically called for in the Contract Documents. o Will observe and oversee but not participate in a specialized field or laboratory tests. ASSUMPTIONS Work described herein is based upon the assumptions listed below. If conditions differ from those assumed in a manner that will affect schedule of Scope of Work, Consultant will advise City in writing of the magnitude of the required adjustments. Changes in completion schedule or compensation to Consultant will be negotiated with City. 1. City will provide all documents (i.e. AutoCAD, hydraulic and hydrologic models, hydraulic calculations, reports, permits, studies, specifications, surveys, geotechnical report, subsurface utility engineering report, etc.) previously completed by others if available. All available information will be provided to Consultant within five (5) calendar days of Notice to Proceed (NTP). 2. City will provide all City standard details in .dwg format if different from those on the City website. 3. City will provide all City standard technical specifications in .doc format. 4. City will assist Consultant with in-field verification of affected existing City facilities by providing access to infrastructure as necessary. 5. City will be responsible for acquisition of all easements and preparation of the easement agreement if required to perform the construction of the proposed improvements that are not located within existing utility easements or City ROW. Consultant to prepare up to, two (2) sketches and legal descriptions when needed for any new easement required. 6. The Consultant will coordinate and arrange the public outreach meetings including providing the location. Consultant will provide information for the website content, create and distribute mailers and Powerpoint presentations. Consultant to arrange, prepare mailers and send mailers. 7. City is responsible for reimbursement to Consultant for all permit application fees and costs of public notification paid by Consultant. Under permit allowance. 8. Consultant specifically excludes the performance of or review of any water or sewer hydraulic analyses. 9. City is responsible for the review of the Contractor’s payment applications and confirmation of quantities associated with Contractor’s pay applications. Consultant specifically excludes Contractor’s payment application reviews. 10. Consultant assumes that there are no contaminated soils or contaminated groundwater in 213 12 7/9/2025 Baxter & Woodman, Inc. the project area. A Phase 1 Environmental survey is not anticipated nor included. 11. Consultant bases the design on the federal, state, and local codes and standards in effect at the beginning of the project (issuance of NTP). Revisions required for compliance with any subsequent changes to those regulations is considered an Additional Services Item not currently included in this Scope of Work. 12. Consultant assumes there is no pre-purchase of materials and/or equipment is presumed. Modification to the schedule may be required if this is considered. 13. All communication between the Consultant and the City will be by a City designated contact person, response to submittals will be compiled into one response. 14. Consultant includes a single bid effort. Re-bidding of any aspect of the project is considered Additional Services. 15. Consultant specifically excludes services for addressing a bid protest. 16. Consultant specifically excludes assisting the City in the settlement of construction claims. 17. Consultant assumes a construction duration of 14-months. Construction extending beyond the 12-months from start of construction (NTP issuances to contractor) will be considered for additional services and Consultant fees will be negotiated with the City. 18. CONTRACTOR will be responsible for preparing and signing and sealing record drawings by a Florida Registered/Licensed Land Surveyor or Engineer. Consultant will do periodic and final review of as-builts. 19. CONTRACTOR will be responsible for obtaining dewatering permits. 20. CONTRACTOR will be responsible for preparation and submittal of the NOI and NOT with regards to the NPDES program. 21. CONTRACTOR will be responsible for preparing Maintenance of Traffic (MOT) plans. These MOT plans will be prepared by a person who has completed an FDOT recognized Advanced MOT Training course. MOT developed during the PDR is preliminary in nature and is not considered direction for the CONTRACTOR to follow or to submit for permitting. 22. Grant application research will be completed in 2025. An application schedule will be developed for the 2026 funding cycle. 214 13 7/9/2025 Baxter & Woodman, Inc. ADDITIONAL SERVICES Consultant will provide additional engineering services relating to the provision of surveying, geotechnical, paving, sanitary, water, drainage improvements and lighting to the project area that are not covered under this Service Authorization. These additional services may be required due to uncertainties discovered during survey, soils, investigations, field verification of existing facilities and conditions, potential property or easement acquisitions or due to unforeseen omissions in the reports and data provided to the Consultant as prepared by the previous Consultant(s). Services performed under this task will be on as-directed basis in accordance with a written Notice-to-Proceed from the City Manager. The Notice-to-Proceed issued will contain the following information and requirements: · A detailed description of the work to be undertaken. · A budget establishing the amount of the fee to be paid in accordance with the Agreement. · A time established for completion of the work. TIME OF PERFORMANCE Refer to the next page for the estimated deliverable and project schedule. 215 14 7/9/2025 Baxter & Woodman, Inc. Days Cumulative Days Date Authorization to Proceed Tue 9/23/2025 PROJECT COORDINATION AND DATA COLLECTION Kickoff Meeting & Site Visit 7 7 Tue 9/30/2025 Data Collection & Review (Survey, Geotech, Utility Designation)56 63 Tue 11/25/2025 Preliminary Design Preliminary Design Report 35 98 Tue 12/30/2025 Preliminary Plans 21 119 Tue 1/20/2026 Preliminary Opinion of Probable Cost 1 120 Wed 1/21/2026 Complete Internal QAQC 6 126 Tue 1/27/2026 Submit Preliminary Design Report 1 127 Wed 1/28/2026 Preliminary Design Report Meeting 7 134 Wed 2/4/2026 Final Preliminary Design Report 8 142 Thu 2/12/2026 Submit Preliminary Design Report 1 143 Fri 2/13/2026 DESIGN AND PLAN DEVELOPMENT Design Prepare Progress Plans and Test Holes 63 206 Fri 4/17/2026 Prepare Progress Technical Specifications 7 213 Fri 4/24/2026 Prepare Progress Engineer's Opinion of Probable Cost 2 215 Sun 4/26/2026 Prepare Grant Application for Commission 30 245 Tue 5/26/2026 Complete Internal QAQC 8 253 Wed 6/3/2026 Submit Progress Plans Design Documents 1 254 Thu 6/4/2026 Progress Design Meeting 14 268 Thu 6/18/2026 Project Manual & Bidding Documents Prepare Final Plans 49 317 Thu 8/6/2026 Prepare Final Technical Specifications 4 321 Mon 8/10/2026 Prepare Final Contract Documents 7 328 Mon 8/17/2026 Prepare Final Engineer's Opinion of Probable Cost 2 330 Wed 8/19/2026 Complete Internal QAQC 7 337 Wed 8/26/2026 Submit Commission Approved Grant Application 14 351 Wed 9/9/2026 Submit Final Design Documents to CITY and Permitting Agencies 1 352 Thu 9/10/2026 Final Design Meeting 14 366 Thu 9/24/2026 Prepare Bid Plans 35 401 Thu 10/29/2026 Prepare Bid Technical Specifications 4 405 Mon 11/2/2026 Prepare Bid Contract Documents 6 411 Sun 11/8/2026 Prepare Bid Engineer's Opinion of Probable Cost 1 412 Mon 11/9/2026 Complete internal QAQC 2 414 Wed 11/11/2026 Submit Final Bid Design Documents to CITY and Complete Permitting 1 415 Thu 11/12/2026 BIDDING Advertise for Bids 31 446 Sun 12/13/2026 Prebid Meeting 7 453 Sun 12/20/2026 Issue Addendum if needed 14 467 Sun 1/3/2027 Bid Opening 9 476 Tue 1/12/2027 Prepare Letter of Recommendation 28 504 Tue 2/9/2027 Prepare Conformed Contract Documents 21 525 Tue 3/2/2027 CITY Awards the Construction Contract 7 532 Tue 3/9/2027 Public Outreach Coordination During Construction Limited Construction Services 425.8 958 Sun 5/7/2028 CONSULTANT will observe the completion times indicated; however, should there be delays that are the result of actions or inaction by others, the completion dates will be adjusted as mutually agreed between CONSULTANT and CITY. CONSULTANT will commence work only upon receipt of this executed Contract and written notice to proceed. 216 15 7/9/2025 Baxter & Woodman, Inc. COMPENSATION The Detailed Fee Schedule including the analysis of the tasks, man-hours, and associated fee for services is provided as Exhibit B and summarized in the Fee Table below. Payment basis will be Lump Sum. The services provided under Task 1 through 7 will be performed as Lump Sum, items such as Permitting Fee Allowance and Owner’s Control Allowance will be used only with City’s written authorization. Reimbursable Expenses will be at cost and backup information will be provided. Fee Table Task Engineering Services Estimated Fee ($) 1 Project Coordination and Preliminary Design (1) $448,325 2 Preliminary Design Report $77,688 3 Final Design and Plan Development $483,547 4 Permitting $57,778 5 Bidding Assistance $13,624 6 Limited Construction Services (2) $293,893 7 Public Outreach Coordination $48,472 Permitting Allowance / Website Domain $7,500 Owner’s Control Allowance $50,000 Reimbursable Expenses (3) $10,500 FEE TOTAL $1,490,827 Notes: (1)Sub-consultant fees will be invoiced with a 10% markup (2)Task 6.7 - Resident Project Representative will be billed as hourly, not-to-exceed as time is used during construction. (3)Out-of-Pocket Expenses include the following: printing/reproduction, mileage, rental, and postage. 217 RFQ NO. 25-018Q CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT A-21 EXHIBIT B CONSULTANT’S PROPOSAL 218 4 &KDSHO +LOO 'UDLQDJH ,PSURYHPHQW 3URMHFW 2SHQLQJ 'DWH )HEUXDU\ 30 &ORVLQJ 'DWH 0DUFK 30 9HQGRU 'HWDLOV &RPSDQ\ 1DPH%D[WHU :RRGPDQ ,QF $GGUHVV )RUXP 3ODFH 6XLWH :HVW 3DOP %HDFK )/ &RQWDFW5HEHFFD 7UDYLV (PDLOUWUDYLV#ED[WHUZRRGPDQFRP 3KRQH +67 6XEPLVVLRQ 'HWDLOV &UHDWHG 2Q:HGQHVGD\ )HEUXDU\ 6XEPLWWHG 2Q7KXUVGD\ 0DUFK 6XEPLWWHG %\-RDQQD 0DF&DOOXP (PDLOPDUNHWLQJ#ED[WHUZRRGPDQFRP 7UDQVDFWLRQ HIDHDEFDFGEGHD 6XEPLWWHU V ,3 $GGUHVV Bid Number: 25-018Q Vendor Name: Baxter & Woodman, Inc.219 &(57,),&$7,21 :H , WKH XQGHUVLJQHG KHUHE\ DJUHH WR IXUQLVK WKH LWHPVVHUYLFHV GHVFULEHG LQ WKH 5HTXHVW IRU 4XDOLILFDWLRQV :H , FHUWLI\ WKDW ZH , KDYH UHDG WKH HQWLUH GRFXPHQW LQFOXGLQJ WKH 6SHFLILFDWLRQV $GGLWLRQDO 5HTXLUHPHQWV 6XSSOHPHQWDO $WWDFKPHQWV ,QVWUXFWLRQV WR 2IIHURUV 7HUPV DQG &RQGLWLRQV DQG DQ\ 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30 $GGHQGXP 1R 5)4 1R 4 &KDSHO +LOO 'UDLQDJH ,PSURYHPHQW 3URMHFW 7KX )HEUXDU\ $0 Bid Number: 25-018Q Vendor Name: Baxter & Woodman, Inc.232 Bid Number: 25-018Q Vendor Name: Baxter & Woodman, Inc.233 234 Contents • 2 City of Boynton Beach RFQ No. 25-018Q Chapel Hill Drainage Improvement Project | 2500389 Contents A. Letter of Interest .......................................................................3 B. Standard Form 330 (Parts I and II) - Firm Qualifications ..................................7 C. Certified Minority Business Enterprise .................................................46 D. Offeror’s Qualifications ................................................................50 E. Willingness to meet budget & timeline requirements ....................................74 F. Location ..............................................................................74 G. Financial Information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .76 H. Current & Projected Workload of the Offeror ...........................................83 I. References - Past Performance .........................................................89 J. Submittal of General Info & Procurement Forms & Documents ...........................97 Exceptions & Inconsistencies ...........................................................134 235 1601 Forum Place, Suite 400, West Palm Beach, Florida 33401 z 561.655.6175 z baxterwoodman.com March 20, 2025 City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, FL 33435 Attn: Ms. Theresa Gonzalez Subject: City of Boynton Beach - Statement of Qualifications for Chapel Hill Drainage Improvement Project Dear Ms. Gonzalez: The City of Boynton Beach is seeking a qualified consulting engineering team to design and manage the Chapel Hill Drainage Improvement Project, aimed at addressing chronic flooding issues and improving the level of service (LOS) in the neighborhood. Baxter & Woodman, Inc. is uniquely qualified and prepared to deliver these services. Our team brings decades of experience designing complex stormwater management systems, stormwater pump stations, conveyance networks, and neighborhood restoration projects throughout South Florida. Since 2014, we have proudly served Boynton Beach—initially as Mathews Consulting, Inc., and continuing as Baxter & Woodman af ter our merger in 2016—building a solid partnership rooted in responsive service and local expertise. The Chapel Hill area, like other neighborhoods in Boynton Beach, was significantly impacted by historic rainfall events in late 2020. As part of this project, the City has made it a priority to improve stormwater conveyance and flood protection. Baxter & Woodman has successfully completed a similar drainage improvement project for the City with Lakeside Gardens. This project involved stormwater infrastructure, roadway and swale restoration, permitting through various agencies for discharge to the Intracoastal Waterway (ICW), grant assistance and neighborhood public involvement. In addition, Baxter & Woodman replaced the existing 4” and 6” transite/asbestos cement water mains with 8” polyvinyl chloride (PVC) C900 and ductile iron pipe and the City added the replacement of the existing vitrified clay sanitary sewer mains and laterals with PVC pipe, making Lakeside Gardens a complete neighborhood restoration project. We also completed the Sea Pines Pump Station project for nearby Town of Lantana which involved developing an innovative design to correct a poorly performing drainage system. The project involved coordination and permitting cooperation from the South Florida Water Management District (SFWMD), Palm Beach County and the Florida Department of Transportation (FDOT) for approval of a pumped discharge from a retention area, into the County’s Hypoluxo Road system and subsequently the FDOT drainage system running alongside and under Interstate 95. This project also arose in response to the same rainfall events that occurred in 2020. A third project that we have completed recently is Lake Shore Drive Drainage Improvements for the Town of Lake Park. This project improved the LOS of the roadway which routinely flooded during high tide events. The improvements included raising the roadway proposed grade line (PGL), designing a stormwater pump station to lift the discharge to a bioswale for water quality treatment prior to discharge to the ICW, public outreach, coordination with adjacent parks and condo associations, permitting A. Letter of Interest 236 City of Boynton Beach March 20, 2025 Page 2 through the United States Army Corps of Engineers, SFWMD and assisting the Town in obtaining a $3.5M Hazard Mitigation Grant. These projects are all fully developed residential neighborhoods with “land locked” systems that required developing an innovative approach to solve an existing drainage problem – much like the Chapel Hill neighborhood. PROVEN EXPERIENCE IN STORMWATER & NEIGHBORHOOD IMPROVEMENT PROJECTS Baxter & Woodman specializes in designing stormwater conveyance systems and pump stations that enhance flood protection and improve the LOS in residential neighborhoods. For the Chapel Hill Drainage Improvement Project, our team will review the current proposal to develop a robust stormwater system that efficiently directs runoff through a new conveyance network to a proposed pump station, with discharge to the E-4 Canal. Baxter & Woodman will also review the pre- versus post-discharges from the neighborhood, analyze possible options for alternatives to most efficiently address water quantity improvements and to provide for water quality treatment. We have reviewed the Preliminary Design Report for this project and have many ideas in our approach that we would like to discuss with the City to make the project more permittable and economically feasible. Our team has extensive experience managing neighborhood improvement projects that require multi-faceted restoration. We understand the importance of restoring impacted infrastructure—roadways, sidewalks, driveways, trenches, and swales—to conditions that meet or exceed City standards. Our work on City of Boynton Beach projects such as Lakeside Gardens, North & South Roads, and Rolling Green demonstrates our ability to successfully coordinate drainage improvements alongside full restoration efforts. We focus on minimizing disruption to residents while enhancing neighborhood functionality and appearance. GRANT ASSISTANCE EXPERIENCE Very importantly, we have experience in the design and construction administration of projects with grant funding requirements. Specifically, Baxter & Woodman provided grant reporting assistance to the City of Lake Worth Beach for their Community Development Block Grant (CDBG)-funded $14M Neighborhood Road Program. For this project we performed Davis-Bacon wage rate interviews, schedule confirmations, cost estimating and expenditure reporting during design and construction as necessary for funding compliance. We also provided grant assistance to the Town of Lantana during design and construction of various projects which received Housing and Urban Development (HUD), CDBG funding, American Rescue Plan (ARPA) funding, State Revolving Funds (SRF) and Florida Department of Environmental Protection (FDEP) Resilient Florida Grant Program funding. We will assist the City in successfully navigating and completing the various grant application and reporting processes. We believe that the Hazard Mitigation Grant (HMG) Program should be targeted as a potential funding source for this project. We have had great success helping municipalities obtain these grants. In fact, we recently assisted the City with a modification to their HMG for Lakeside Gardens to receive additional funds. 237 City of Boynton Beach March 20, 2025 Page 3 OUR TEAM We have included Ritzel-Mason on our team to provide surveying and underground locating services who are certified as a Small Business (SBE) entity with an office located in Delray Beach. Pacifica Engineering Services is our team member for geotechnical services and is certified Small and Minority Business (SBE/ MBE), with an office located in Delray Beach. For electrical engineering design our team includes Smith Engineering Consultants, a Small Business Entity (SBE) located in West Palm Beach. It is our intent with this contract to provide a local, experienced and diverse team. OUR APPROACH - CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT Our Baxter & Woodman team offers a unique approach to serving the City of Boynton Beach: we will protect your interests, provide high-quality engineering solutions, and save you money. Our strategy is to work as a valued partner with the City in order to accomplish your goals and objectives. Baxter & Woodman’s comprehensive design solution for the Chapel Hill neighborhood includes: • Review of the preliminary design report assumptions and recommendations. Identify and consider alternative solutions and confirm that they are feasible and can be permitted. We have already included some ideas in Stormwater Approach. • Hydrologic and Hydraulic (H&H) modeling to evaluate existing conditions, identify that permit conditions will be met and to confirm the effectiveness of the proposed improvements. • Design of a new stormwater pump station and other conveyance systems to efficiently direct runoff to the E-4 Canal and improve the LOS. Our project manager, Jeff Hiscock, has designed 18 stormwater pumping stations in his career ranging from 10 to 300 cfs. • Design of drainage and water quality improvements. We have identified that there is an impaired water downstream that will require improvements for water quality, specifically nutrient reduction. Our approach includes an innovative idea to address this. • Design of other utility improvements that may be needed. Consolidating drainage and utility improvement in one project saves money. • Preparation of complete engineering design packages at the 30%, 60%, 90%, and 100% stages, along with plans, technical specifications, cost estimates, and bid documents. • Permitting support to navigate regulatory requirements with agencies such as SFWMD, Lake Worth Drainage District (LWDD) and FDOT. • Grant services, including identifying opportunities, preparing applications, completing benefit-cost analyses, managing grants, and providing required reporting information during the course of the grant agreement(s). • Public outreach and communication management, maintaining consistent engagement with residents and stakeholders and addressing concerns throughout design and construction. • Construction administration and inspection services, including responding to requests for information (RFI), reviewing shop drawings, conducting progress meetings, providing Engineer of Record (EOR) certifications at project completion and grant reporting (including providing Davis- Bacon wage rate interviews). 238 City of Boynton Beach March 20, 2025 Page 4 A TRUSTED PARTNER FOR CHAPEL HILL & THE COMMUNITY Baxter & Woodman’s history of success in delivering stormwater solutions and neighborhood restoration projects makes us the right partner for the Chapel Hill Drainage Improvement Project. We are committed to helping the City of Boynton Beach enhance flood protection, strengthen infrastructure resiliency, and deliver lasting improvements for the Chapel Hill neighborhood. As a member of the Board of Directors and Executive Vice President, I am authorized to make representations for the firm and to commit our firm’s resources to a successful completion of this project. We appreciate the opportunity to present our qualifications and look forward to a continued working relationship with the City. Please contact me at 561-425-7715 or email rtravis@baxterwoodman.com if additional information is needed during the evaluation and selection process. Sincerely, BAXTER & WOODMAN, INC. CONSULTING ENGINEERS Rebecca Travis, PE, ENV SP Executive Vice President/Florida Division Manager 239 240 B. Standard Form 330 (parts I & Il) - Firm Qualifications • 8 Project Director Rebecca Travis, PE, ENV SP* Project Manager Jeff Hiscock, PE* Utilities Project Manager Sira “Jockey” Prinyavivatkul, PE* Project Engineers Arthur “Jake” Hurley, PE* Emily Altman, EI* Alexis Shotton, PE* UTILITIES GRANT ASSISTANCE & COMPLIANCE Senior Engineer David Cowan, PE, ENV SP* Project Engineers Megan Berg, PE* Thu Nguyen, EI* Lead Modeler Zach Schuster, PE, PhD, CFM* Permitting Megan Berg, PE* STORMWATER Construction Advisor Richard “Rick” Chipman, CGC* Construction Manager Eric Rush, PE* Inspectors Brad Stoecker* Anthony Monroe* Donovan Verge Public Outreach Officer Brad Stoecker* SUPPORT SERVICES QA/QC Ipek Aktuglu, PE, ENV SP* SUBCONSULTANTS Geotechnical Pacifica Engineering Solutions, LLC | SBE; MBE Wesley Foster, PE, SI, MBA* Reinaldo Villa, PE Marc Restrepo, EI, LEED Electrical Smith Engineering Consultants, Inc. | SBE Larry Smith, PE* Survey & SUE Ritzel-Mason, Inc. | SBE Dennis Ritzel, PSM* Clyde Mason II, PSM* The success of the City of Boynton Beach’s project relies on strong collaboration with City staff and effectively meeting project goals. Our commitment to delivering practical, innovative, and value-driven solutions has led to successful projects with the City. Our organizational structure promotes open and continuous communication between the City and our project team, allowing for a seamless workflow. Baxter & Woodman has assembled a skilled and experienced team to manage all aspects of this project efficiently. Resumes for key personnel are presented among the following pages. *Key Personnel SBE - Small Business Enterprise MBE - Minority Business Enterprise 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 G. KEY PERSONNEL PARTICIPATION IN EXAMPLE PROJECTS 26. NAMES OF KEY PERSONNEL (From Section E, Block 12) 27. ROLE IN THIS CONTRACT (From Section E, Block 13) 28. EXAMPLE PROJECTS LISTED IN SECTION F (Fill in “Examples Projects Key” section below before completing table. Place “X” under project key number for participation in same or similar role.) 12345678910 Rebecca Travis, PE, ENV SP Project Director X X X X X X X Jeff Hiscock, PE Project Manager XXXXXX X Ipek Aktuglu, PE, ENV SP QA/QC David Cowan, PE, ENV SP Stormwater Project Manager X Megan Berg, PE Stormwater Project Engineer & Permitting X Thu Nguyen, EI Stormwater Project Engineer X X X Zach Schuster, PE, Ph.D, CFM Lead Modeler X Sira “Jockey” Prinyavivatkul, PE Utilities Project Manager X X X X Arthur “Jake” Hurley, PE Utilities Project Engineer X X X X Emily Altman, EI Utilities Project Engineer X X X Alexis Shotton, PE Grant Assistance & Compliance X X Richard “Rick” Chipman, CGC Construction Advisor XXXX X Eric Rush, PE Construction Manager X Brad Stoecker Inspector & Public Outreach Officer XXXX X Anthony Monroe Inspector X X X Dennis Ritzel, PSM Survey & SUE X Clyde Mason II, PSM Survey & SUE X Larry Smith, PE Electrical Engineering X Wesley Foster, PE, SI, MBA Geotechnical Engineering 29. EXAMPLE PROJECTS KEYS NO. TITLE OF EXAMPLE PROJECT (From Section F)NO. TITLE OF EXAMPLE PROJECT (From Section F) 1 Lakeside Gardens Drainage Improvements 6 Osceola Neighborhood & SW 4th Avenue Improvements 2 Lake Shore Drive Drainage Improvements 7 Park Street Stormwater Improvement Project 3 Sea Pines Stormwater Pump Station 8 Complete Streets Mobility Plan & Mobility Fee 4 Core Area Water, Storm, and Roadway Improvements 9 Gateway Drive Neighborhood Drainage Improvements 5 Lantana Integrated Master Plan 10 Kendall Lake Neighborhood Drainage Improvements STANDARD FORM 330 (REV. 7/2021) PAGE 38271 272 273 274 275 276 277 278 279 280 281 D. Offeror’s Qualifications • 49 D. Offeror’s Qualifications a. Proof of authorization (SUNBIZ) from the Florida Secretary of State to transact business in the State from prime and supporting firms. 282 283 284 285 286 D. Offeror’s Qualifications • 54 participants, obtaining relevant information that may be available from the City of Boynton Beach, and establishing proper communication between Baxter & Woodman’s team and the City of Boynton Beach staff. Baxter & Woodman will provide the meeting agenda and minutes as well as conduct the meeting. Data Collection This task involves the collection of project specific data to be used in the design of municipal projects. GIS data, as-built drawings, previous reports, resident complaint logs, LiDAR, soils data, survey, subsurface utility engineering (SUE), etc. will be obtained and reviewed. It has been our experience that field data collection is vitally important in the design process to avoid surprises and change orders during construction. Topographic survey data is used in our plan view base drawings for which the design is built upon. Ritzel- Mason, the team surveyor and SUE, will obtain above ground features and obtainable underground utilities including storm and sanitary structures and pressure pipe valves. Survey will determine storm and sanitary sewer rim elevations, invert elevations, pipe sizes and materials. For pressure pipe, survey will collect top- of-nut elevations on the valves that will provide the depths to the top of pressure pipes. SUE will be performed in general accordance with ASCE Standard 38- 02: Standard Guidelines for the Collection and Depiction of Existing Subsurface Utility Data to determine locations of harder to find utilities such as cable, electric, fiber optic, gas, etc. The utility owners will be contacted to obtain available as-built drawings and GIS data. At the 60 percent design stage vacuum excavation equipment will be used to perform test holes at locations as directed by Baxter & Woodman to physically identify utilities, determine material type, size and depth. The test holes can be performed to a depth of up to eight feet using high pressure air methods. Test holes provide the final field verification needed at specific locations critical to the design to avoid conflicts with other utilities. Pacifica Engineering will perform subsurface investigations within the project limits that will include 10-foot to 15-foot deep standard penetration borings with pavement cores. Several percolation tests to determine the soil hydraulic conductivity will also be performed. The collected field data will be evaluated and presented in a geotechnical engineering report that will include: Preliminary Design This task involves reviewing the assumptions made in the Preliminary Design Report (PDR) prepared by CDM-Smith as they relate to the project area; evaluating the field data that was collected, reviewing the Existing Conditions Model (ECM) and the stormwater model scenarios presented in the PDR, developing preliminary site layouts for stormwater, water, wastewater and other improvements and providing the results and recommendations including an Engineer’s Opinion of Probable Construction Costs in a more detailed Preliminary Design Report. • Detailed graphical logs of the soil borings showing the groundwater level and soil classifications. • Results of exfiltration tests. • Results of the laboratory tests. • Pavement restoration recommendations. • Site preparation recommendations. • Recommendations for design regarding excavation, trenching, pipeline installation, shoring requirements, fill and backfill, and compaction for the proposed work. 287 D. Offeror’s Qualifications • 55 Stormwater Approach We are very familiar with this area of Boynton Beach and it’s hydrology having completed a drainage study for the Town of Lantana to address flooding problems north of this project in a development called Sea Pines. Sea Pines was heavily impacted by the back- to-back storm events that occurred in 2020, as referenced in the PDR. The study determined that a weir at I-95, near Hypoluxo Road, had been constructed with a crest elevation 1.5 feet higher than the design due to a datum error. Baxter & Woodman also recommended, designed and oversaw the construction of a pump station for the community. FDOT has since modified their weir. Baxter & Woodman has reviewed the previous PDR prepared by CDM-Smith and we are in agreement with the approach of using exfiltration trenches to put runoff into the ground whereby taking advantage of the soils’ ability to store and percolate stormwater runoff. The project area is very similar to areas we have studied in the past characterized by coastal ridges and very little drainage infrastructure. Having recently completing a Stormwater Master Plan for Lantana, we are very familiar with the hydrology. As we have found in similar areas, the higher areas can offer a benefit to the lower areas where flooding could be present. Intercepting runoff from the higher areas and channeling it into exfiltration trenches, bioswales and swale restoration can not only improve water quality, but can also divert water from getting to the lower flood prone areas. Putting more water into the ground is also beneficial to water supply and slowing saltwater intrusion resulting from sea level rise. There are three alternatives presented in the previous PDR of which include exfiltration trenches. Alternative 1 includes a 190 cfs stormwater pumping station, Alternative 2 includes 1.5-acre stormwater pond and Alternative 3 include both the pump station and the pond, though the pump station capacity is reduced to 140 cfs. A fourth alternative was developed considering a modified Level of Service (LOS). This alternative is similar to Alternative 1, but with a reduced pump station capacity of 95 cfs. We concur that pump stations are an effective way to reduce flooding in low-lying trapped areas such as Chapel Hill. Our Project Manager Jeff Hiscock, PE, has designed 18 stormwater pumping stations in his career ranging from 10 cfs to 300 cfs with state-of-the-art controls and backup systems, as well as noise protection. The most recent pump station in 2022 for the Lake Shore Drive Drainage Improvement project was part of an award-winning design. 288 289 D. Offeror’s Qualifications • 57 Alternative model scenarios will be developed, run and compared to the ECM to determine the most effective stormwater design. We will also carefully consider the effects of Sea Level Rise (SLR). Considering that the life span of infrastructure can be several decades, it is important to consider improvements that will be needed in the long term and size the infrastructure appropriately to handle those needs. At this location, SLR will have more of an effect on the groundwater table elevation than on water levels in the canals, which would reduce the soils’ ability to store water. Utilities Approach Baxter & Woodman understands that the purpose of the Chapel Hill Drainage Improvement Project is to provide a stormwater system to improve the neighborhood’s ability to store and convey rainwater to prevent the floodings that have occurred in recent years. Stormwater improvements often include the installation of stormwater inlet systems, regrading or reconstruction of roads, and regrading of swales. Baxter & Woodman believes in providing a complete, holistic approach to a neighborhood improvement project that includes the replacement of existing, aging utilities infrastructure when the work would be adjacent to stormwater or roadway improvements. This minimizes costs for restoration in the future if the City decides to replace utilities after the stormwater and roadway improvements have been completed. Baxter & Woodman has reviewed the Palm Beach County Property Appraiser website to investigate the age of the homes built to determine an approximate time period for when the infrastructure was constructed. The homes within the Chapel Hill project area were predominately built between the late 1960s and early 1980s. This therefore suggests that the potable water system and sanitary sewer system were in place in the 1960s. Record drawings were not provided by the City for review. Potable Water System The City’s record drawings do not specify the material used in the Potable water mains built during the 1960s, but they were typically made of transite/asbestos cement (AC) pipe. AC pipe has an estimated service life of approximately 70 years, depending on environmental conditions. AC pipe becomes brittle and increasingly susceptible to breakage due to soil movement. The ex tensive construction of new stormwater systems and improved roadways for this project will generate vibrations that could potentially damage AC pipe. Baxter & Woodman recommends reviewing the City’s record documents and conducting field investigations to identify the material of the existing water main. Once confirmed, identified AC pipe should be scheduled for replacement. The replacement of AC pipe can be performed using traditional construction methods by installing new potable water mains, with City-approved C900 Class 150 DR-18 polyvinyl chloride (PVC) pipes, placed adjacent to 290 D. Offeror’s Qualifications • 58 the existing water mains. Given the brittle nature of AC pipe, the new water main should be positioned approximately 10 feet away from the AC pipe to prevent potential damage during construction. Once the new pipe is approved for service by the Florida Department of Environmental Protection, the existing AC pipe will be abandoned in place and filled with grout. Another option for replacing AC pipe, which Baxter & Woodman has successfully implemented on previous projects, is a trenchless technology known as pre-chlorinated pipe bursting. Pre-chlorinated pipe bursting involves assembling segments of high-density polyethylene (HDPE) pipe above ground, including pressure testing and chlorination, before installation. The contractor then uses the existing AC pipe as a pilot hole to pull the new HDPE pipe into position. A cone is attached to the end of the HDPE pipe that enters the AC pipe, breaking the existing pipe as a winch system pulls the HDPE pipe into place. The advantages of pre-chlorinated pipe bursting include: • Minimized Downtime for Potable Water Users: The pipe segments can be installed and brought back online within a few hours, as they are pressure- tested and chlorinated above ground before installation. • Minimal Disruption to Above-Ground Improvements: This primarily trenchless technique reduces the need for extensive restoration, lowering both the impact and associated costs. • Uses the Same Alignment as the Existing Water Main for the New Installation: In established rights-of-way, there are often numerous buried utilities that can conflict with open-cut utility installation, requiring costly and time-consuming field adjustments. However, there are also drawbacks to pipe bursting: • The availability of qualified contractors to perform pipe bursting in South Florida is limited. • According to the City’s June 2024 Utilities Engineering Design Handbook and Construction Standards for Boynton Beach Utilities, HDPE is not an approved material for potable water mains. • HDPE pipe requires specialized equipment and fittings for proper operation and maintenance. • Contractors who perform pipe bursting typically use HDPE pipe due to its flexibility, although the method can also be applied with PVC and ductile iron pipe (DIP). • Pipe bursting may limit the pool of potential contractors eligible to bid on the project. Baxter & Woodman possesses the expertise and knowledge to design the replacement of the existing potable water system using either traditional open-cut or pre-chlorinated pipe bursting methods, tailored to meet the City’s budget and serviceability requirements. 291 292 D. Offeror’s Qualifications • 60 and other vegetation have likely infiltrated the sanitary sewer piping, compromising the structural integrity of the pipes. Breaks in the sanitary sewer collection pipes lead to increased operating costs for pump stations and wastewater treatment due to the inflow and infiltration (I&I) of groundwater. Damaged pipes or those with significant root intrusion could cause sewage to back up into buildings. Baxter & Woodman recommends conducting a closed-circuit television (CCTV) inspection of the gravity sewer mains and laterals by a qualified contractor certified by the National Association of Sewer Service Companies (NASSCO), if the City has not performed these inspections recently. Our firm’s in-house NASSCO-certified inspectors will review the CCTV footage and provide a detailed report to determine the necessary rehabilitation measures. Significantly damaged pipes can be identified for repair as part of the stormwater improvement project. Sewer mains and laterals that can be repaired by cast-in-place pipe (CIPP) can be part of a future project for budgeting reasons or included as part of the stormwater improvements project. Baxter & Woodman has successfully completed numerous projects involving the rehabilitation of gravity sewer systems, including direct replacements, point repairs, and the use of trenchless technology such as cast-in-place pipe (CIPP) lining. CIPP involves root removal and thorough jet cleaning of the host pipe, followed by the installation of the CIPP liner, which then becomes a structurally sound pipe on its own. CIPP lining causes minimal disruption to existing surface improvements, making it a cost-effective solution. Typically, on a neighborhood improvement project, manholes will be identified for rehabilitation through heavy jet cleaning, followed by the application of an interior protection barrier using one of the following approved processes, in accordance with the City’s standard specifications: Thoroc, Mainstay, Sewpercoat, Strong-Seal, or Refratta HAC 100 coating applied in the field. Baxter & Woodman will analyze the depths of the existing gravity wastewater mains and service laterals in relation to the proposed depths of the stormwater and potable water mains (if included in project) to avoid conflicts during construction. Wastewater service laterals will be identified for replacement as needed to accommodate the construction of the proposed improvements. 293 294 D. Offeror’s Qualifications • 62 Our Team’s quality management program incorporates oversight of specific quality control functions to confirm that: • Project staff including subcontractors are qualified to perform their duties and meet regulatory and project specific training requirements. • Items and services procured for the project meet necessary quality requirements. • Quality related work is documented and the documents are managed and controlled. • Computer hardware and software is controlled. • Work is properly planned. • Work procedures are established where necessary. • Work is reviewed and quality processes are audited for effectiveness. • Deficiencies are documented and effective corrective action is promptly completed. Our Team’s QA/QC program emphasizes to project members that quality is not a “one time” kind of commitment, but rather is a continuous process of improvement. In addition, we utilize our construction managers to perform constructability reviews. The quality of our designs stems from our commitment to being certified ISO 9001P:2015 for Quality Management System. Baxter & Woodman’s design process has received this accreditation for demonstrating our ongoing dedication to quality by consistently satisf ying our client’s requirements and industry specifications. Baxter & Woodman maintains the certification by: • Utilizing customized Quality Control/Quality Assurance checklists for each project • Maintaining compliance with project deadlines • Offering staff available to perform work • Performing reviews of deliverables by senior staff and construction managers Baxter & Woodman uses Bluebeam Revu program to perform QA/QC of deliverables. Bluebeam Revu is a powerful Portable Document File (PDF) program specifically developed for design professionals. Baxter & Woodman has developed a standard operating procedure (SOP) for reviewing documents using Bluebeam Revu Studio Session that allows us to document comments from the design engineer, CAD technician, and the senior reviewers simultaneously in real time. The review process begins with the creation of a Bluebeam Studio Session. The design engineer will use tools within the program to draw or denote comments on the drawings that are recorded in a table with a “red” color status identifier. The CAD technician can review the comments in real time and provide a response to the comment or change the status to “Corrected” which would change the color status identifier to “green.” Once comments are updated to “Corrected” by the CAD technician, a new set of drawings are printed for the senior reviewer to perform a backcheck. The status for all “Corrected” items will be updated to “Backchecked,” which would change the color status identifier to “purple,” by the senior reviewer to confirm the comments have been updated by the CAD technician. Once all “Corrected” statuses have been changed to “Backchecked,” the senior reviewer will begin reviewing the new drawing. Comments by the 295 D. Offeror’s Qualifications • 63 senior reviewer will then be reviewed by the design engineer for further discussion or passed on to the CAD technician to update. The senior reviewer will perform one final review of the updated drawings before submittal to the City. All Bluebeam Studio Sessions are saved for record keeping and are available for the City to review if desired. Constructability Reviews Constructability reviews are conducted during selected project design stages, typically the 90% completion stage, to confirm constructability and clarity of the design documents and to avoid conflicts, delays, and added costs. These reviews minimize the need for redesign, reduce construction costs, expedite project completion, and reduce environmental impacts and long-term maintenance costs. Constructability reviews measure the ease with which a project design can be built while complying with the drawings, specifications, construction schedule, quality control requirements, and budget constraints. The reviewer identifies areas where the ability to build a facility can be improved by listing construction constraints and sequencing the design components to meet the construction schedule. Cost Estimates and Performance Cost estimates will be prepared at each completion stag e. The cost estimates will reflect changes in general scope, and additional design requirements that may be incorporated during the design review stages. This affords the City the opportunity to make changes in project direction based on construction budget constraints. Baxter & Woodman is committed to producing high quality, cost efficient products within required timeframes. We are extremely familiar with the construction contractors in South Florida and are aware of bidding conditions that can affect the construction cost of a project. We monitor current inflation rates as tracked by the Bureau of Economic Analysis U.S. Department of Commerce when comparing past costs to current costs. The budget truly is the bottom line. The following table is a record of recent cost estimates compared to the awarded construction bid amount. This comparison demonstrates our competence and dedication to providing clients with accurate project estimating. This is the best physical evidence an engineering firm can present as demonstration of project cost control performance. 296 297 D. Offeror’s Qualifications • 65 During Preliminary Design, Baxter & Woodman will conduct pre-application meetings with the various permitting agencies to confirm permitting requirements prior to making the initial permit application submittal. During Final Design after review of the 60% submittal by City staff, the Contract Documents are updated for the 90% submittal to the City of Boynton Beach and to the appropriate regulatory agencies for construction permits. Comments from City staff and the regulatory agencies on the 90% submittal are incorporated into the final 100% Contract Documents. Bidding Assistance The bid review process is extremely important to select the contractor that is qualified to provide the construction services described in the bid documents. In all of our conventional design-bid-construct projects, Baxter & Woodman evaluates the bids submitted by the general contractors. The bids are typically evaluated for the following items: • Bidder maintains a permanent place of business and is fully licensed. • Bidder has adequate manpower and equipment to do the work properly and expeditiously. • Bidder has suitable financial resources to meet the obligations of the work. • Bidder will perform a specified percentage of the work using his own forces. • Bidder’s Project Manager is experienced in executing the required work. • Subcontractors proposed for use are qualified to perform the work. • Bidder meets insurance requirements. • All bid forms are filled out correctly. • The bid prices are mathematically correct if a unit price bid is used. • All addendums are acknowledged. • Bid Bond is submitted with bid. • Baxter & Woodman checks the bidders’ references. After Baxter & Woodman has evaluated the bids, we will typically recommend the lowest responsible and responsive bidder whose bid meets the requirements of the Contract Documents and provides the City of Boynton Beach the best value. In situations where the lowest bidder is not qualified, we then evaluate the second lowest bidder, and so forth, until a qualified bidder is identified. The Bid Phase Services for this contract may include the following tasks: • Review and provide edits to the City of Boynton Beach’s “Front-End” documents. • Coordinate with the City’s Procurement Services staff to distribute copies of the Contract Documents to the prospective bidders. • Provide pre-bid services, such as assistance with advertisement, answering questions from potential bidders, and prepare responses and issue addenda to the plan-holders. • Participate in Pre-Bid meetings with interested contractors and City staff. Prepare responses as a result of the meeting, for issuance of addenda. • Review bid packages received, document the due diligence process, and recommend award for the project. • Prepare the required sets of conformed contract documents for execution by the selected contractor. The conformed sets will include addenda issued during the bid phase and the awarded contractor’s schedule of bid items. 298 299 D. Offeror’s Qualifications • 67 • Conduct on-site observations to assist the City in determining if the work is proceeding in accordance with the contract documents and that completed work conforms to the contract documents. Report in writing whenever we believe that the work is unsatisfactory, faulty, defective, or does not conform to the contract documents, or does not meet the requirements of inspections, tests, or approval required to be made, or has been damaged prior to final payment. • Coordinate, supervise, and review material sampling and testing, including concrete and soils testing, where appropriate. • Coordinate necessary surveying consistent with requirements of the specifications. • Accompany visiting inspectors representing public and regulatory agencies having jurisdiction over the project. Record in writing the outcome of these inspections and report same to the City. • Consider and evaluate the contractor’s suggestions for modifications during construction and report them to the City, in writing. • Witness testing and procedures as required by the contract documents. • Review as-built record drawing information from the contractor to confirm conformance to the contract documents. • Provide copies of daily inspection reports and digital photographs. Daily inspection reports and photographs shall be sent to the City via email. • Work with the contractor to develop and implement a daily quantity sheet (based on the approved schedule of values) to be reviewed and accepted each day, agreeing to the quantities of the items installed, completed, and accepted. We will use this information to verify material quantities on monthly Applications for Payment. • Attend substantial completion and final completion walk- throughs and verify that punch list items are completed by the contractor. Schedule Control Reviewing and evaluating the construction schedule - including the baseline schedule, monthly schedule updates and revisions, and 2-week look ahead schedules – is integral to the project’s successful completion. Baxter & Woodman’s Construction Manager examines schedules to identify variances between scheduled and probable completion dates of activities, as presented by the contractor, so that we can analyze the effect on the overall project completion. In conjunction with schedule review, we provide recommendations to the contractor relevant to the adequacy of their personnel performing construction tasks. We make observations regarding the availability of equipment and materials necessary to execute work efficiently and effectively. These elements ultimately determine a construction schedule’s success or failure. The following steps will be implemented on these construction projects for the City: • Baxter & Woodman’s Construction Manager will request P6 PRIMAVERA PROJECT PLANNER We are avid users of P6 Primavera Project Planner. This tool is easy to use and intuitive without sacrificing the powerful sophistication of high-end project management software. P6 is a multi-user product that operates on network allowing users to share data with other network users, and anyone who manages projects using Primavera software. The unique features of P6 are: • Project Modeling • Scheduling • Resource & Cost Management • Reports and Graphics • Data Exchange • Add-on Products These features will confirm proper documentation is maintained to report progress of work. 300 D. Offeror’s Qualifications • 68 the contractor to provide a Baseline Critical Path Method (CPM) Construction Schedule as a formal Shop Drawing Submittal prior to construction. • The CPM Schedule provided by the contractor will include the entire group of electronic files so that the schedule logic can be analyzed by Baxter & Woodman during the review process. • The CPM Schedule must include at a minimum work activities showing the baseline start column and baseline finish date column in calendar days. The contractor’s CPM Schedule shall include a column displaying the amount of float time available and a column displaying percentage to completion. • The CPM Schedule will be reviewed and approved based on conformance to contract milestone dates, logical phasing and succession of the work, material procurement & delivery, achievable crew production rates, permitting certifications, and project closeout and completion. • The contractor must provide a Monthly Updated Schedule with each pay request. Two columns will be added to the monthly updated schedule for “Actual Start” and “Actual Finish” to track schedule progress. The Baseline Column will remain fixed. • Baxter & Woodman’s Construction Manager will monitor the contractor’s schedule and notify the City in writing when the contractor appears to be behind schedule. Baxter & Woodman will also request from the contractor a revised schedule or a schedule recovery plan if deemed necessary. The pay application will not be approved until a schedule recovery plan is submitted. • Work with the Contractor to develop and implement a daily quantity sheet (based on the approved schedule of values) to be reviewed and accepted each day, agreeing to the quantities of the items installed, completed, and accepted. We will use this information to verify material quantities on monthly Applications for Payment. • Attend Substantial Completion and Final Completion walk through and verify that punch list items are completed by the contractor(s). Innovation Approach Construction Services Tools Baxter & Woodman employs a custom technology platform, built in-house, to provide construction services tailored to each municipality’s needs. We have developed a suite of ArcGIS applications that allow us to dynamically collect, monitor, and facilitate our core general construction administration and inspection responsibilities, which include documenting public communications, monitoring deficiencies, tracking quantities, and developing record drawings. Our cutting-edge digital tool has elevated the way we provide real-time documentation and project management for our clients. Our advanced digital field book facilitates real-time documentation, allowing for immediate updates and access to project data. This feature is critical to maintaining up-to-date records of project progress and confirming that team members have access to the latest information. This level of oversight is pivotal in identifying potential issues early, enabling timely interventions and keeping projects on schedule. The deployment of this technology will provide the City with smart digital data, facilitating informed decision- making throughout a project’s lifecycle. By leveraging the insights generated by our advanced digital field book, City staff, project managers, and stakeholders can make strategic decisions based on accurate, real- time information, thereby enhancing the project’s overall effectiveness and efficiency. Our entirely digital approach not only improves immediate outcomes on projects but also sets a precedent for future projects. 301 D. Offeror’s Qualifications • 69 Digital Collaboration Our approach involves documenting community interactions and resolutions through an ArcGIS-based online dashboard, providing real-time status of communication with stakeholders, status of deficiency list items, tracking quantities, and construction progress digitally in real-time. This approach allows for real-time communication and minimizes contractor delays and public inconvenience. Our digital approach allows our construction engineering fees to be reduced well below the typical percentage basis by leveraging efficient communication and timely decision making. Baxter & Woodman’s capacity for efficient digital deficiency issue monitoring and digital quantity tracking expedites construction progress and project closeout. We are able to provide a higher level of service on projects with fewer staff hours. Baxter & Woodman integrates advanced technology into the construction management process, significantly enhancing how projects are monitored and managed. Our approach delivers real- time, comprehensive insight into construction progress, giving the City, engineer, contractor, and key stakeholders immediate access to critical data on milestones, resource allocation, and potential bottlenecks. This transparency promotes more effective communicat ion and coordination across the entire project team. With this high level of oversight, any deviations from the planned schedule or budget are quickly identified, allowing for timely corrective actions to keep the project on track. Our technology-driven system not only minimizes delays and optimizes the use of resources, but also supports the successful delivery of projects that meet key goals such as sustainability, safety, and regulatory compliance. By combining proactive management with innovative tools, Baxter & Woodman helps achieve efficient, high-quality project outcomes. Our digital approach increases collaboration and reduces engineering costs. We tracked these features in GIS on the Lakeside Gardens project: • Resident Communications • Deficiencies • Quantities • Record Drawings Visit our GIS hub to learn more about spatial technology tools at: bw-spatialtech-portfolio-baxterwoodman.hub.arcgis.com Public Involvement Communication is Key! Baxter & Woodman knows communicating the benefits of a project to stakeholders and managing their expectations is a vital part of any government or municipal project. Our team is well-versed in an assortment of communication tools that aid us in creating the most effective communication strategy for each project. Our staff knows how to successfully utilize tools to coordinate and promote positive public involvement. Public Outreach Outlets • Custom Project Websites • Project Visualization Exhibits & Videos • Drone Videos • Social Media: X, Facebook • Project Blogs • Email Notifications • Open-Houses/Public Meetings (Virtual and In-Person) • On-Site Webcam • Phone Hot Lines • Door Hangers/Informational Flyers • Construction Signage • Changeable Message Boards • Press Releases • Public Progress Meetings during Construction 302 303 304 305 D. Offeror’s Qualifications • 73 g. Principal Place of Business Baxter & Woodman’s Corporate Office is located in Crystal Lake, IL. Baxter & Woodman Corporate Headquarters 8678 Ridgefield Rd. Crystal Lake, IL 60012 Phone: 815.459.1260 Our Florida Team located in West Palm Beach, with support from our Orlando office will be servicing this contract. Address: 1601 Forum Place, Suite 400 West Palm Beach, FL 33401 Contact: Rebecca Travis, PE Phone: 561.425.7715 Email: rtravis@baxterwoodman.com Address: 200 E. Robinson St., Suite 555 Orlando, FL 32801 Contact: Claude L Cassagnol, PE Phone: 407.380.0402 Email: ccassagnol@baxterwoodman.com 306 E. Willingness To Meet Budget & Timeline Requirements • 74 E. Willingness to meet budget and timeline requirements Baxter & Woodman is willing to meet the following time and budget requirements. a. Budget: The Budget for this project is as follows: • i - $800,000 – Design Phase • ii - $7,500,000 – Construction Phase b. Funding Sources: • i - $8,200,000 - Utilities CIP Fund Please note that during this portion of the process, the City is NOT asking for the firms to submit pricing. After the evaluation committee has selected the firms in order of preference, the City shall negotiate a contract with the most qualified firm for professional services at compensation, which the agency determines is fair, competitive, and reasonable. Should the agency be unable to negotiate a satisfactory contract with the firm considered to be the most qualified at a price the agency determines to be fair, competitive, and reasonable, negotiations with that firm must be formally terminated. The agency shall then undertake negotiations with the next most qualified firm. c. Timeline: Baxter & Woodman agrees to the specified timeline in section 2.3 and 2.10 of the RFQ: 2.3 PROJECT SCHEDULE/TIMELINE The project shall commence on the date within five (5) days of the Design Firm’s receipt of the Owner’s “Notice to Proceed” unless the parties mutually agree otherwise in writing. 2.10 TIME SCHEDULE AND TIME FRAMES Schedules shall be included in detailed work orders issued under the Contract and shall be based on the number of continuous calendar days following the work order execution date to complete specific tasks of the project. If the City reviews and comments are necessary to proceed with a task, then a specified City review time shall be included in the schedule. F. Location Please see the previous page for our locations of work for this contract. 307 G. Financial Information • 75 G. Financial Information a. Financial Stability: Baxter & Woodman, Inc. has been providing consulting engineering for 79 years. During this time, the firm has continued to grow in terms of staffing, clients served, and billings, which equals financial stability. As a privately held corporation, we do not release our full financial audit. However, we have included a copy of our balance sheet, income statement, and statement of cash flows. 2023 2022 BAXTER & WOODMAN, INC. AND SUBSIDIARIES CONSOLIDATED BALANCE SHEETS December 31, 2023 and 2022 ASSETS (These statements are continued on the following page.) - 5 - 308 309 G. Financial Information • 77 2023 2022 BAXTER & WOODMAN, INC. AND SUBSIDIARIES CONSOLIDATED STATEMENTS OF CASH FLOWS For the Years Ended December 31, 2023 and 2022 See accompanying notes to consolidated financial statements. - 10 - 310 311 312 313 314 315 316 317 318 319 H. Current & Projected Workload Of The Offeror • 87 ii. Typical Number of Projects Handled by Project Managers Our Project Managers typically handle three to four projects. iii. Projected workload of project management activities as defined in the scope of services. The Baxter & Woodman team has carefully assessed the scope of services to allocate project management resources efficiently. Our team members will be actively engaged in critical project management activities, including coordination, scheduling, cost estimation, permitting, stakeholder communication, and construction oversight. Workload for our identified staff is provided in the table above. The majority of current projects will be wrapping up creating additional availability for the Chapel Hill project once it gets underway. The Project Director, Rebecca Travis, PE, ENV SP, will dedicate approximately 30% of her time to high-level oversight, client coordination, and strategic project direction. Project Manager, Jeff Hiscock, PE, will allocate approximately 65% of his time to direct project management tasks for the Chapel Hill project, including schedule management, team coordination, and technical oversight. Supporting staff, including David Cowan, PE, ENV SP, will provide additional expertise in stormwater design, Jockey Prinyavivatkul, PE will oversee utilities design and Rick Chipman will provide construction administration oversight. Ipek Aktuglu, PE, ENV SP, will focus on QA/QC to maintain compliance with project specifications and regulatory requirements. Throughout the project, Baxter & Woodman will balance workload demands by leveraging our regional team members, achieving timely execution of each phase. Our structured approach, combined with experienced personnel, will facilitate effective project delivery while maintaining quality, efficiency, and adherence to the project schedule. iv. Identify any sub-consultant firms providing significant services that may be assigned more than (5%) of the work. The percent of subconsultant workload exceeding 5% is estimated at; 12% for Surveying and SUE - Ritzel- Mason, If a stormwater pump station is recommended as an improvement, we estimate 8% for Electrical Engineering - Smith Engineering Consultants (SEC) and 8% for Geotechnical - Pacifica Engineering Services. Ritzel-Mason Workload Availability: 30% Smith Engineering Consultants Workload Availability: Larry Smith, PE - 45% Pacifica Engineering Services Workload Availability: Wesley C. Foster, PE, SI - 90%; Reinaldo Villa, PE - 75%; Marc Restrepo, EI - 80% 320 321 322 BAXTERWOODMAN.COM City of Pompano Beach, FL Kendall Lake Neighborhood Drainage Improvements The City of Pompano Beach is implementing projects associated with the Stormwater Master Plan. As part of the Master Plan, Study Area 7 - Kendall Lake Neighborhood was identified as an area which experiences roadway flooding; and the existing lake does not have a positive outfall connection. The neighborhood is located on either side of NW 3rd Avenue between NW 21st Street and NW 16th Street. Baxter & Woodman reviewed the assumptions made in the Stormwater Master Plan as it relates to the Kendall Lake Neighborhood and developed six (6) alternative designs and re-ran the stormwater model utilizing EPA’s Stormwater Management Model (SWMM) computer program. The results and our recommendations were provided to the City for stormwater improvements to the Kendall Lake Neighborhood in a preliminary design report (PDR). Baxter & Woodman then performed detailed design including plans, specifications and cost estimates at 60%, 95% and 100% design phases. Public Outreach services were also included. Permitting services were provided to obtain an Environmental Resource Permit (ERP) and a Surface Water License from Broward County as well as a dewatering permit from the South Florida Water Management District. The ERP approval required special analyses to address water quality in the Pompano Canal which has been designated as an Impaired Water Body. Baxter & Woodman’s contract includes bidding and construction management services. A. TAMMY GOOD B. CITY OF POMPANO BEACH 1201 NE 5th Avenue Pompano Beach, FL 33060 954-786-5512 Tammy.Good@copbfl.com C. ROLE/SERVICES: • Review of study data, improvement recommendations, and discharge options • Re-run of stormwater modeling • Preliminary design report • Topographical survey and geotechnical analysis D. DATE COMPLETED: In Construction E. SAVINGS ACHIEVED: Previous design concepts included a pump station and forcemain which were able to eliminate. F. CHANGE ORDERS 2 Change Orders - $84,000 G. PRESENT STATUS Completed 2024 CONSTRUCTION COST: $5.1M 323 324 BAXTERWOODMAN.COM Town of Gulf Stream, FL Core Area Water, Storm and Roadway Improvements The Town of Gulf Stream awarded to Baxter & Woodman the Core Area Improvement Project to perform the engineering and construction services for the Town’s infrastructure in accordance to the 10-Year Capital Improvement Plan and to mitigate stormwater issues occurring within the Core Area. The Core Area consists of the properties and rights-of-way between Golfview Drive to Sea Road and the Intracoastal Waterway and N. Ocean Boulevard, approximately 85 acres. Baxter & Woodman prepared the Town’s 10-Year Capital Improvement Plan in June 2018, which identified the replacement of the aging asbestos cement (AC) water mains and rehabilitation of roadways. The water main replacement will implement open trench installation and construction by trenchless technology, pre-chlorinated pipe bursting, to minimize above grade impacts and reduce water main service outages. In addition, Baxter & Woodman prepared an in depth stormwater analysis for the Core Area in June 2021 to analyze the causes and provide recommendations for improvements to mitigate the flooding events. Roadway grades were raised in low lying areas, redesigned grading of the roadway with the addition of stormwater structures and upsizing of various existing stormwater piping was included to facilitate positive discharge of surface waters. Baxter & Woodman implemented the recommended improvements by providing data collection, preliminary design, final design, permitting, and bidding services. The $12.9M project is currently under construction. A. GREG DUNHAM B. TOWN OF GULF STREAM 100 Sea Road, Gulf Stream, Florida 33483 561-455-3188 gdunham@gulf-stream.org C. ROLE/SERVICES: • Design Engineering and Construction •Stormwater Analysis • Data Collection • Bidding Services D. DATE COMPLETED: Ongoing E. SAVINGS ACHIEVED: We utilized AutoCAD Civil 3D to perform the design of regrading of the roadway utilizing the corridor construction application. This allows us to visually interpret elevation deviations between existing and proposed surfaces and design transitions between the two surfaces. This minimizes costs associated with grading issues in the field. F. CHANGE ORDERS Currently 4 change orders. $360,879.10 total to date, $283,717.42 of that total is owner directed change in design to widen roadways. G. PRESENT STATUS Under Construction CONSTRUCTION COST: $12.9M 325 326 327 328 329 330 331 J. Submittal Of General Info & Procurement Forms & Documents • 99 Florida Department of Transportation RON DESANTIS GOVERNOR 605 Suwannee Street Tallahassee, FL 32399-0450 JARED W. PERDUE, P.E. SECRETARY 1 June 25, 2024 Louis Hausmann, President BAXTER & WOODMAN, INC. 1601 Forum Place, Suite 400 West Palm Beach, Florida 33401 Dear Mr. Hausmann: The Florida Department of Transportation has reviewed your application for prequalification package and determined that the data submitted is adequate to technically prequalify your firm for the following professional services types of work per Rule 14-75, F.A.C.: 3.1 Minor Highway Design 3.2 Major Highway Design 4.1.1 Miscellaneous Structures 4.1.2 Minor Bridge Design 5.1 Conventional Bridge Inspection 6.1 Traffic Engineering Studies 6.2 Traffic Signal Timing 6.3.1 Intelligent Transportation Systems Analysis and Design 7.1 Signing, Pavement Marking and Channelization 7.3 Signalization 10.1 Roadway Construction Engineering Inspection 10.4 Minor Bridge & Miscellaneous Structures CEI 13.5 Subarea/Corridor Planning 13.6 Land Planning/Engineering Your firm is now technically prequalified with the Department for Professional Services in the above referenced work types. The overhead audit has been accepted, and your firm may pursue projects in the referenced work types with fees of any dollar amount. This status shall be valid until June 30, 2025, for contracting purposes. Approved Rates Home Overhead Facilities Capital Cost of Money Premium Overtime Home Direct Expense 162.26% 1.212% Reimbursed 5.65% Per Title 23, U.S. Code 112, there are restrictions on sharing indirect cost rates. Refer to Code for additional information. Should you have any questions, please feel free to contact me by email at carliayn.kell@dot.state.fl.us or by phone at 850-414-4597. Sincerely, Carliayn Kell Professional Services Qualification Administrator 332 333 334 J. Submittal Of General Info & Procurement Forms & Documents • 102 Licenses, Registrations, & Certifications - Ritzel-Mason, Inc. March 11, 2022 Ritzel Mason, Inc. Attention: Dennis Ritzel 5119 Beechwood Rd Delray Beach, FL 33484 Dear Mr. Ritzel: The Palm Beach County Office of Equal Business Opportunity (OEBO) has completed its review of your application and documents and is pleased to announce that your firm has been re-certified for: x 92033 - Mapping Services, Digitized, Cartography x 92586 - Surveyor Services, Land x 96291 - Utility Locator Service (Underground) as a Small Business Enterprise (SBE) for three (3) years, expiring April 09, 2025. You will not receive Small Business Enterprise (SBE) consideration if you bid in another area. Enclosed is your certificate. Your firm shall be subject to the provisions of the Palm Beach County Purchasing Ordinance and all State and Federal laws relating to the transaction of business. This certification entitles you to participate in contracting opportunities when the products and services offered by your firm are being considered for bid. As an additional service to your firm, you will be included in the Palm Beach County Directory of certified S/M/WBE firms. If you wish to have your firm's listing changed, please contact our office at (561) 616- 6840. Your company's certification is subject to periodic review to verify your continued eligibility. Any changes you report to any County Department/Division must also be reported to OEBO. Your company name and vendor code must be the same in both Purchasing and OEBO. Failure to maintain your firm in accordance with S/M/WBE requirements contained in the Palm Beach County Code or failure to report changes in the status of your firm may result in your firm being decertified. Remember, whenever you respond to a County bid you must do so under the name of Ritzel Mason, Inc. with vendor code VS0000011925. Sincerely, Angela Smith, Small Business Development Specialist III February 27, 2025 CLYDE ROBIN MASON II 5330 VAN BUREN RD DELRAY BEACH, FL 33484-4240 Under the provisions of Chapter 472, Florida Statutes CLYDE ROBIN MASON II5330 VAN BUREN RDDELRAY BEACH, FL 33484-4240 This is to certify that the professional surveyor and mapper whose name and address are shown above is licensed as required by Chapter 472, Florida Statutes. WILTON SIMPSONCOMMISSIONER OF AGRICULTURE License No.: LS6905 Expiration Date February 28, 2027 Florida Department of Agriculture and Consumer Services Division of Consumer Services Board of Professional Surveyors and Mappers 2005 Apalachee Pkway Tallahassee, Florida 32399-6500 800HELPFLA(435-7352) or (850) 488-2221 Florida Department of Agriculture and Consumer Services Division of Consumer Services Board of Professional Surveyors and Mappers2005 Apalachee Pkway Tallahassee, Florida 32399-6500 SUBJECT: Professional Surveyor and Mapper License # LS6905 Your application / renewal as a professional surveyor and mapperas required by Chapter 472, Florida Statutes, has been received and processed. The license appears below and is valid through February 28, 2027. You are required to keep your information with the Board current.Please visit our website at www.800helpfla.com/psm to create your online account. If you have already created your online account, you can use the website to maintain your license. You can also find other valuable information on the website. If you have any questions, please do not hesitate to call the Divisionof Consumer Services, Board of Professional Surveyors and Mappers at 800-435-7352 or 850-488-2221. Florida Department of Agriculture and Consumer Services Board of Professional Surveyors and Mappers LS6905 Professional Surveyor and Mapper CLYDE ROBIN MASON II IS LICENSED under the provisions of Ch 472 FS Expiration date: February 28, 2027 February 27, 2025 DENNIS ALEXANDER RITZEL 2087 RESTON CIR ROYAL PALM BEACH, FL 33411-6109 Under the provisions of Chapter 472, Florida Statutes DENNIS ALEXANDER RITZEL2087 RESTON CIR ROYAL PALM BEACH, FL 33411-6109 This is to certify that the professional surveyor and mapper whose name and address are shown above is licensed as required by Chapter 472, Florida Statutes. WILTON SIMPSONCOMMISSIONER OF AGRICULTURE License No.: LS6953 Expiration Date February 28, 2027 Florida Department of Agriculture and Consumer Services Division of Consumer Services Board of Professional Surveyors and Mappers 2005 Apalachee Pkway Tallahassee, Florida 32399-6500 800HELPFLA(435-7352) or (850) 488-2221 Florida Department of Agriculture and Consumer ServicesDivision of Consumer Services Board of Professional Surveyors and Mappers 2005 Apalachee Pkway Tallahassee, Florida 32399-6500 SUBJECT: Professional Surveyor and Mapper License # LS6953 Your application / renewal as a professional surveyor and mapper as required by Chapter 472, Florida Statutes, has been received and processed. The license appears below and is valid through February 28, 2027. You are required to keep your information with the Board current.Please visit our website at www.800helpfla.com/psm to create your online account. If you have already created your online account, you can use the website to maintain your license. You can also find other valuable information on the website. If you have any questions, please do not hesitate to call the Divisionof Consumer Services, Board of Professional Surveyors and Mappers at 800-435-7352 or 850-488-2221. Florida Department of Agriculture and Consumer ServicesBoard of Professional Surveyors and Mappers LS6953 Professional Surveyor and Mapper DENNIS ALEXANDER RITZEL IS LICENSED under the provisions of Ch 472 FS Expiration date: February 28, 2027 February 27, 2025 RITZEL-MASON, INC. 5330 VAN BUREN RD DELRAY BEACH, FL 33484-4240 Under the provisions of Chapter 472, Florida Statutes RITZEL-MASON, INC.5330 VAN BUREN RD DELRAY BEACH, FL 33484-4240 This is to certify that the professional surveyor and mapper whose name and address are shown above is licensed as required by Chapter 472, Florida Statutes. WILTON SIMPSONCOMMISSIONER OF AGRICULTURE License No.: LB8265 Expiration Date February 28, 2027 Florida Department of Agriculture and Consumer Services Division of Consumer Services Board of Professional Surveyors and Mappers 2005 Apalachee Pkway Tallahassee, Florida 32399-6500 800HELPFLA(435-7352) or (850) 488-2221 Florida Department of Agriculture and Consumer ServicesDivision of Consumer Services Board of Professional Surveyors and Mappers 2005 Apalachee Pkway Tallahassee, Florida 32399-6500 SUBJECT: Professional Surveyor and Mapper Business Certificate # LB8265 Your application / renewal as a professional surveyor and mapper business as required by Chapter 472, Florida Statutes, has been received and processed. The license appears below and is valid through February 28, 2027. You are required to keep your information with the Board current. Please visit our website at www.800helpfla.com/psm to create your online account. If you have already created your online account, you can use the website to maintain your license. You can also find other valuable information on the website. If you have any questions, please do not hesitate to call the Division of Consumer Services, Board of Professional Surveyors and Mappers at 800-435-7352 or 850-488-2221. 335 336 337 J. Submittal Of General Info & Procurement Forms & Documents •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ubmittal Of General Info & Procurement Forms & Documents • 110 14. State the names, addresses, and the type of business of all firms that are partially or wholly owned by Proposer: Concentric Integration, LLC 8430 W. Bryn Mawr Avenue, Suite 400, Chicago, IL 60631 Type of Business: Automation & Controls Baxter & Woodman Costa Rica, SRL 1548 Bond Street, Suite 103 Naperville, IL 60563 Type of Business: Consulting Engineer Baxter & Woodman Boller, LLC 3045 Washington Street Waukegan, IL 60085 Type of Business: Design/Build Baxter & Woodman Natural Resources, LLC 17009 Harmony Road Marengo, IL 60152 Type of Business: Ecological/Natural Resources Consulting and Natural Area Maintenance Baxter & Woodman Real Estate Holdings, LLC 8678 Ridgefield Road, Crystal Lake, IL 60012 Type of Business: Real Estate Tocoi Engineering a Baxter & Woodman Company Green Cove Springs 714 N. Orange Avenue Green Cove Springs, FL 32043 St. Augustine 405 Golfway West Drive St. Augustine, FL 32095 Type of Business: Consulting Engineer 343 344 345 346 347 348 349 J. Submittal Of General Info & Procurement Forms & Documents • 117 24. List all claims, arbitrations, administrative hearings, and lawsuits brought by or against the Proposer or its predecessor organization(s) during the last five (5) years. The list shall include all case names, case arbitration or hearing identification numbers, the name of the project in which the dispute arose, and a description of the subject matter of the dispute. Name and Location Nature of Claim Date of Claim Resolution Date of Claim and How Resolved Court Case; County; State Active/Inactive Anne W. Humbert vs. Oak Forest, Baxter & Woodman, Iroquois Paving Corporation, and Traffic Control Company Personal injury. 2023 Case in discovery. 2023 L 007758H; Circuit Court, Cook County, IL Active John M. Hughes vs. Manusos General Contracting, Inc., Northwest Technical, Wunderlich-Malec Services, Baxter & Woodman, Inc., and Stantec Consulting Services, Inc. Personal injury. 2023 Case in discovery. 2023 L 0035251; Circuit Court, Cook County, IL Active Steven W. Becker, Thomas J. Becker, and Jeffrey C. Becker vs. Possibility Place Nursery, Inc., Connor B. Shaw, III; Tristan Shaw; Kelsay Shaw; Shaw Family Dec Trust; Saw Family Trust; County of Will; Will County Land Use Department; Tim Mack; Greg Ratajczak; Brian Radner; Nicole Roedl, Scott Killinger; Baxter & Woodman, Inc.; Donald Wauthier; and Berns, Clancy and Associates, P.C. Land dispute between two property owners. 2022 Baxter & Woodman submitted motion to dismiss. 22 CV 3875; United States District Court, Northern District of Illinois Active Cheryl Brown vs. Village of LaGrange, LaGrange Elementary School District 102, Board of Education of LaGrange School District 102, Commonwealth Edison Company d/b/a COMED, an Illinois corporation, Triggi Construction, Inc., Lindahl Brothers, Inc., and Baxter & Woodman, Inc. Pedestrian tripped on sign post outside of right-of-way/on private property. 2022 INACTIVE - Settled 2024. 2021 L 007195; Circuit Court, Cook County, IL Inactive Charles McGill vs. Foster Marine; Baxter & Woodman Pedestrian tripped over sand bags. 2022 INACTIVE - Settled 2023. 50-2022-CA-010273-XXXX-MB; Judicial Circuit Court of Palm Beach County, FL Inactive Raymond Miller vs. Len Cox & Sons; Baxter & Woodman; PT Ferro Co Bicyclist fell in construction zone.2020 INACTIVE - Settled 2023. 2018 L 3422, 12th Judicial Circuit Court of Will County, IL Inactive John Melone vs. Village of Glenview Construction worker injury.2019 INACTIVE - Claim was denied, plaintiff failed to refile the claim. Case closed August 2022 2019 L 006916, Circuit Court of Cook County, IL Inactive Linda Bruno-Coffman and Richard Coffman vs. Southeastern Engineering Contractors, Inc., Murphy Pipeline Contractors, and Baxter & Woodman Pedestrian tripped along sidewalk in construction zone. 2019 INACTIVE - Settled January 2021 17th Judicial Circuit Court of Broward County, FL CACE-19-003469 Inactive Litigation History As a large regional consulting engineering firm providing services in the states of Florida, Illinois, Wisconsin, and Texas, Baxter & Woodman, in the course of our business, occasionally becomes involved as a party in claims, disputes, or litigation. However, we can affirm that there is no pending or threatened claim, dispute, or litigation which could reasonably be anticipated to have an adverse impact on our financial or professional ability to perform the services contemplated by this proposal. Below is a list of litigations from the past five years. 350 351 352 353 354 355 356 357 358 J. Submittal Of General Info & Procurement Forms & Documents • 126 J. Submittal of General Info & Procurement Forms & Documents Proof of State Certified or County Competency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ubmittal Of General Info & Procurement Forms & Documents • 127 J. Submittal of General Info & Procurement Forms & Documents Certificate of Insurance: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY +ROPHV 0XUSK\ $VVRFLDWHV *UDQG 3UDLULH 3NZ\ :DXNHH ,$ 0RUJDQ (EHO 0(EHO#KROPHVPXUSK\FRP 9DOOH\ )RUJH ,QVXUDQFH &RPSDQ\ %$;:223&7KH &RQWLQHQWDO ,QVXUDQFH &RPSDQ\%D[WHU :RRGPDQ ,QF 5LGJHILHOG 5RDG &U\VWDO /DNH ,/ &RQWLQHQWDO &DVXDOW\ &RPSDQ\ $; ; ;; % ; %;; ; &; 1 & 3URIHVVLRQDO /LDELOLW\ &ODLPV PDGH IRUP $(+ 3HU FODLP $JJUHJDWH )RU 5HIHUHQFH 2QO\ 6DPSOH 360 361 362 Exceptions & Inconsistencies • 130 Exceptions & Inconsistencies Inconsistencies with Indemnification language on page 36 of the RFQ and page A-15. • Requirements differ from Indemnification on page 36 of the RFQ. • Requirements differ from Indemnification on page on A-15 Exceptions: 6.3 INDEMNIFICATION The CONSULTANT shall indemnify and hold harmless CITY and its current, past, and future officers and employees from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys’ fees recoverable under applicable law, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or other persons employed or utilized by CONSULTANT in the performance of this Agreement. Neither party to this Agreement shall be liable to any third party claiming directly or through the other respective party, for any special, incidental, indirect, or consequential damages of any kind, including but not limited to lost profits or use that may result from this Agreement or out of the services or goods furnished hereunder. The parties understand and agree that the covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to the party’s responsibility to indemnify. Nothing contained herein is intended nor shall be construed to waive CITY’s rights and immunities under the common law or §768.28, Fla. Stat., as may be amended from time to time. PURSUANT TO FLORIDA STATUTE, NO INDIVIDUAL DESIGN PROFESSIONAL EMPLOYED BY OR ACTING AS AN AGENT OF CONSULTANT MAY BE HELD INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM THE NEGLIGENCE OCCURRING WITHIN THE COURSE AND SCOPE OF THIS AGREEMENT ARTICLE 8 – GENERAL TERMS e. Indemnification. The CONSULTANT shall indemnify and hold harmless the CITY, its officers, employees, agents, and instrumentalities from any and all liability, losses or damages, including attorneys’ fees and costs of defense recoverable under applicable law, through the conclusion of any appeals, which the CITY or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings caused by negligent of any kind or nature arising out of, relating to and resulting from the performance of this Agreement by the CONSULTANT, its employees, agents, partners, principals or subcontractors. The CONSULTANT shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits, or actions of any kind or nature in the name of the CITY, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys’ fees which may issue thereon. Neither party to this Agreement shall be liable to any third party claiming directly or through the other respective party, for any special, incidental, indirect, or consequential 363 Exceptions & Inconsistencies • 131 damages of any kind, including but not limited to lost profits or use that may result from this Agreement or out of the services or goods furnished hereunder. PURSUANT TO F.S. SEC. 558.0035, AN INDIVIDUAL EMPLOYEE OR AGENT MAY NOT BE HELD LIABILE FOR NEGLIGENCE. To the extent considered necessary by the City, any sums due CONSULTANT under this Agreement may be retained by City until all of City’s claims for indemnification have been resolved, and any amount withheld shall not be subject to the payment of interest by City. This indemnification agreement is separate and apart from, and in no way limited by, any insurance provided pursuant to this Agreement or otherwise. The parties understand and agree that the covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to the party’s responsibility to indemnify. Nothing contained herein is intended nor shall be construed to waive CITY’s rights and immunities under the common law or §768.28, Fla. Stat., as may be amended from time to time. 364 365 366 367 368 369 370 Baxter & Woodman, Inc. • 7 Florida Department of Transportation RON DESANTIS GOVERNOR 605 Suwannee Street Tallahassee, FL 32399-0450 JARED W. PERDUE, P.E. SECRETARY 1 June 25, 2024 Louis Hausmann, President BAXTER & WOODMAN, INC. 1601 Forum Place, Suite 400 West Palm Beach, Florida 33401 Dear Mr. Hausmann: The Florida Department of Transportation has reviewed your application for prequalification package and determined that the data submitted is adequate to technically prequalify your firm for the following professional services types of work per Rule 14-75, F.A.C.: 3.1 Minor Highway Design 3.2 Major Highway Design 4.1.1 Miscellaneous Structures 4.1.2 Minor Bridge Design 5.1 Conventional Bridge Inspection 6.1 Traffic Engineering Studies 6.2 Traffic Signal Timing 6.3.1 Intelligent Transportation Systems Analysis and Design 7.1 Signing, Pavement Marking and Channelization 7.3 Signalization 10.1 Roadway Construction Engineering Inspection 10.4 Minor Bridge & Miscellaneous Structures CEI 13.5 Subarea/Corridor Planning 13.6 Land Planning/Engineering Your firm is now technically prequalified with the Department for Professional Services in the above referenced work types. The overhead audit has been accepted, and your firm may pursue projects in the referenced work types with fees of any dollar amount. This status shall be valid until June 30, 2025, for contracting purposes. Approved Rates Home Overhead Facilities Capital Cost of Money Premium Overtime Home Direct Expense 162.26% 1.212% Reimbursed 5.65% Per Title 23, U.S. Code 112, there are restrictions on sharing indirect cost rates. Refer to Code for additional information. Should you have any questions, please feel free to contact me by email at carliayn.kell@dot.state.fl.us or by phone at 850-414-4597. Sincerely, Carliayn Kell Professional Services Qualification Administrator 371 372 373 Baxter & Woodman, Inc. • 10 Licenses, Registrations, & Certifications - Ritzel-Mason, Inc. March 11, 2022 Ritzel Mason, Inc. Attention: Dennis Ritzel 5119 Beechwood Rd Delray Beach, FL 33484 Dear Mr. Ritzel: The Palm Beach County Office of Equal Business Opportunity (OEBO) has completed its review of your application and documents and is pleased to announce that your firm has been re-certified for: x 92033 - Mapping Services, Digitized, Cartography x 92586 - Surveyor Services, Land x 96291 - Utility Locator Service (Underground) as a Small Business Enterprise (SBE) for three (3) years, expiring April 09, 2025. You will not receive Small Business Enterprise (SBE) consideration if you bid in another area. Enclosed is your certificate. Your firm shall be subject to the provisions of the Palm Beach County Purchasing Ordinance and all State and Federal laws relating to the transaction of business. This certification entitles you to participate in contracting opportunities when the products and services offered by your firm are being considered for bid. As an additional service to your firm, you will be included in the Palm Beach County Directory of certified S/M/WBE firms. If you wish to have your firm's listing changed, please contact our office at (561) 616- 6840. Your company's certification is subject to periodic review to verify your continued eligibility. Any changes you report to any County Department/Division must also be reported to OEBO. Your company name and vendor code must be the same in both Purchasing and OEBO. Failure to maintain your firm in accordance with S/M/WBE requirements contained in the Palm Beach County Code or failure to report changes in the status of your firm may result in your firm being decertified. Remember, whenever you respond to a County bid you must do so under the name of Ritzel Mason, Inc. with vendor code VS0000011925. Sincerely, Angela Smith, Small Business Development Specialist III February 27, 2025 CLYDE ROBIN MASON II 5330 VAN BUREN RD DELRAY BEACH, FL 33484-4240 Under the provisions of Chapter 472, Florida Statutes CLYDE ROBIN MASON II5330 VAN BUREN RDDELRAY BEACH, FL 33484-4240 This is to certify that the professional surveyor and mapper whose name and address are shown above is licensed as required by Chapter 472, Florida Statutes. WILTON SIMPSONCOMMISSIONER OF AGRICULTURE License No.: LS6905 Expiration Date February 28, 2027 Florida Department of Agriculture and Consumer Services Division of Consumer Services Board of Professional Surveyors and Mappers 2005 Apalachee Pkway Tallahassee, Florida 32399-6500 800HELPFLA(435-7352) or (850) 488-2221 Florida Department of Agriculture and Consumer Services Division of Consumer Services Board of Professional Surveyors and Mappers2005 Apalachee Pkway Tallahassee, Florida 32399-6500 SUBJECT: Professional Surveyor and Mapper License # LS6905 Your application / renewal as a professional surveyor and mapperas required by Chapter 472, Florida Statutes, has been received and processed. The license appears below and is valid through February 28, 2027. You are required to keep your information with the Board current.Please visit our website at www.800helpfla.com/psm to create your online account. If you have already created your online account, you can use the website to maintain your license. You can also find other valuable information on the website. If you have any questions, please do not hesitate to call the Divisionof Consumer Services, Board of Professional Surveyors and Mappers at 800-435-7352 or 850-488-2221. Florida Department of Agriculture and Consumer Services Board of Professional Surveyors and Mappers LS6905 Professional Surveyor and Mapper CLYDE ROBIN MASON II IS LICENSED under the provisions of Ch 472 FS Expiration date: February 28, 2027 February 27, 2025 DENNIS ALEXANDER RITZEL 2087 RESTON CIR ROYAL PALM BEACH, FL 33411-6109 Under the provisions of Chapter 472, Florida Statutes DENNIS ALEXANDER RITZEL2087 RESTON CIR ROYAL PALM BEACH, FL 33411-6109 This is to certify that the professional surveyor and mapper whose name and address are shown above is licensed as required by Chapter 472, Florida Statutes. WILTON SIMPSONCOMMISSIONER OF AGRICULTURE License No.: LS6953 Expiration Date February 28, 2027 Florida Department of Agriculture and Consumer Services Division of Consumer Services Board of Professional Surveyors and Mappers 2005 Apalachee Pkway Tallahassee, Florida 32399-6500 800HELPFLA(435-7352) or (850) 488-2221 Florida Department of Agriculture and Consumer ServicesDivision of Consumer Services Board of Professional Surveyors and Mappers 2005 Apalachee Pkway Tallahassee, Florida 32399-6500 SUBJECT: Professional Surveyor and Mapper License # LS6953 Your application / renewal as a professional surveyor and mapper as required by Chapter 472, Florida Statutes, has been received and processed. The license appears below and is valid through February 28, 2027. You are required to keep your information with the Board current.Please visit our website at www.800helpfla.com/psm to create your online account. If you have already created your online account, you can use the website to maintain your license. You can also find other valuable information on the website. If you have any questions, please do not hesitate to call the Divisionof Consumer Services, Board of Professional Surveyors and Mappers at 800-435-7352 or 850-488-2221. Florida Department of Agriculture and Consumer ServicesBoard of Professional Surveyors and Mappers LS6953 Professional Surveyor and Mapper DENNIS ALEXANDER RITZEL IS LICENSED under the provisions of Ch 472 FS Expiration date: February 28, 2027 February 27, 2025 RITZEL-MASON, INC. 5330 VAN BUREN RD DELRAY BEACH, FL 33484-4240 Under the provisions of Chapter 472, Florida Statutes RITZEL-MASON, INC.5330 VAN BUREN RD DELRAY BEACH, FL 33484-4240 This is to certify that the professional surveyor and mapper whose name and address are shown above is licensed as required by Chapter 472, Florida Statutes. WILTON SIMPSONCOMMISSIONER OF AGRICULTURE License No.: LB8265 Expiration Date February 28, 2027 Florida Department of Agriculture and Consumer Services Division of Consumer Services Board of Professional Surveyors and Mappers 2005 Apalachee Pkway Tallahassee, Florida 32399-6500 800HELPFLA(435-7352) or (850) 488-2221 Florida Department of Agriculture and Consumer ServicesDivision of Consumer Services Board of Professional Surveyors and Mappers 2005 Apalachee Pkway Tallahassee, Florida 32399-6500 SUBJECT: Professional Surveyor and Mapper Business Certificate # LB8265 Your application / renewal as a professional surveyor and mapper business as required by Chapter 472, Florida Statutes, has been received and processed. The license appears below and is valid through February 28, 2027. You are required to keep your information with the Board current. Please visit our website at www.800helpfla.com/psm to create your online account. If you have already created your online account, you can use the website to maintain your license. You can also find other valuable information on the website. If you have any questions, please do not hesitate to call the Division of Consumer Services, Board of Professional Surveyors and Mappers at 800-435-7352 or 850-488-2221. 374 375 376 Baxter & Woodman, Inc. •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axter & Woodman, Inc. • 18 14. State the names, addresses, and the type of business of all firms that are partially or wholly owned by Proposer: Concentric Integration, LLC 8430 W. Bryn Mawr Avenue, Suite 400, Chicago, IL 60631 Type of Business: Automation & Controls Baxter & Woodman Costa Rica, SRL 1548 Bond Street, Suite 103 Naperville, IL 60563 Type of Business: Consulting Engineer Baxter & Woodman Boller, LLC 3045 Washington Street Waukegan, IL 60085 Type of Business: Design/Build Baxter & Woodman Natural Resources, LLC 17009 Harmony Road Marengo, IL 60152 Type of Business: Ecological/Natural Resources Consulting and Natural Area Maintenance Baxter & Woodman Real Estate Holdings, LLC 8678 Ridgefield Road, Crystal Lake, IL 60012 Type of Business: Real Estate Tocoi Engineering a Baxter & Woodman Company Green Cove Springs 714 N. Orange Avenue Green Cove Springs, FL 32043 St. Augustine 405 Golfway West Drive St. Augustine, FL 32095 Type of Business: Consulting Engineer 382 383 384 385 386 387 388 Baxter & Woodman, Inc. • 25 24. List all claims, arbitrations, administrative hearings, and lawsuits brought by or against the Proposer or its predecessor organization(s) during the last five (5) years. The list shall include all case names, case arbitra- tion or hearing identification numbers, the name of the project in which the dispute arose, and a description of the subject matter of the dispute. Name and Location Nature of Claim Date of Claim Resolution Date of Claim and How Resolved Court Case; County; State Active/Inactive Anne W. Humbert vs. Oak Forest, Baxter & Woodman, Iroquois Paving Corporation, and Traffic Control Company Personal injury. 2023 Case in discovery. 2023 L 007758H; Circuit Court, Cook County, IL Active John M. Hughes vs. Manusos General Contracting, Inc., Northwest Technical, Wunderlich-Malec Services, Baxter & Woodman, Inc., and Stantec Consulting Services, Inc. Personal injury. 2023 Case in discovery. 2023 L 0035251; Circuit Court, Cook County, IL Active Steven W. Becker, Thomas J. Becker, and Jeffrey C. Becker vs. Possibility Place Nursery, Inc., Connor B. Shaw, III; Tristan Shaw; Kelsay Shaw; Shaw Family Dec Trust; Saw Family Trust; County of Will; Will County Land Use Department; Tim Mack; Greg Ratajczak; Brian Radner; Nicole Roedl, Scott Killinger; Baxter & Woodman, Inc.; Donald Wauthier; and Berns, Clancy and Associates, P.C. Land dispute between two property owners. 2022 Baxter & Woodman submitted motion to dismiss. 22 CV 3875; United States District Court, Northern District of Illinois Active Cheryl Brown vs. Village of LaGrange, LaGrange Elementary School District 102, Board of Education of LaGrange School District 102, Commonwealth Edison Company d/b/a COMED, an Illinois corporation, Triggi Construction, Inc., Lindahl Brothers, Inc., and Baxter & Woodman, Inc. Pedestrian tripped on sign post outside of right-of-way/on private property. 2022 INACTIVE - Settled 2024. 2021 L 007195; Circuit Court, Cook County, IL Inactive Charles McGill vs. Foster Marine; Baxter & Woodman Pedestrian tripped over sand bags. 2022 INACTIVE - Settled 2023. 50-2022-CA-010273-XXXX-MB; Judicial Circuit Court of Palm Beach County, FL Inactive Raymond Miller vs. Len Cox & Sons; Baxter & Woodman; PT Ferro Co Bicyclist fell in construction zone.2020 INACTIVE - Settled 2023. 2018 L 3422, 12th Judicial Circuit Court of Will County, IL Inactive John Melone vs. Village of Glenview Construction worker injury.2019 INACTIVE - Claim was denied, plaintiff failed to refile the claim. Case closed August 2022 2019 L 006916, Circuit Court of Cook County, IL Inactive Linda Bruno-Coffman and Richard Coffman vs. Southeastern Engineering Contractors, Inc., Murphy Pipeline Contractors, and Baxter & Woodman Pedestrian tripped along sidewalk in construction zone. 2019 INACTIVE - Settled January 2021 17th Judicial Circuit Court of Broward County, FL CACE-19-003469 Inactive Litigation History As a large regional consulting engineering firm providing services in the states of Florida, Illinois, Wisconsin, and Texas, Baxter & Woodman, in the course of our business, occasionally becomes involved as a party in claims, disputes, or litigation. However, we can affirm that there is no pending or threatened claim, dispute, or litigation which could reasonably be anticipated to have an adverse impact on our financial or professional ability to perform the services contemplated by this proposal. Below is a list of litigations from the past five years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enior Website / Principal Project Engineer / Project Engineer / Eng Tech / Modeling Clerical Sub- Engineer Manager Constr Mgr Engineer Asst Constr Inspector Eng II Admin. Total Consultant Task Task Description $275.00 $242.00 $205.00 $180.00 $160.00 $145.00 $100.00 $100.00 Labor Services 1 Project Coordination and Preliminary Design 1.1 Project Management 20 105 80 38 $51,110 1.2 Project Meetings (up to 5) 10 15 15 20 5 $13,555 1.3 Topographic Survey 20 12 10 40 4 $14,060 $162,140 1.4 Geotechnical Investigation 16 8 8 4 $6,280 $24,825 1.5 Utility Coordination, subsurface investigation and soft digs 30 8 8 4 $9,150 $77,500 1.6 Title Work 4 24 $3,220 $300 1.7 Grant Application, Administration & Reporting Assistance 46 24 34 102 70 16 24 $59,708 Subtotal 76 144 199 150 80 72 24 79 $157,083 $264,765 2 Preliminary Design Report 2.1 Existing H&H Modeling Review and Update 50 12 120 $25,840 2.2 Draft and Final Design Report, H&H Modeling, and Options 84 50 64 50 25 $51,848 Subtotal 0 134 50 64 0 62 120 25 $77,688 $0 3 Final Design and Plan Development 3.1 Preliminary Design Drawings 24 122 75 263 132 383 128 4 $188,544 $2,000 3.1A Progress Plans 10 101 25 156 78 214 71 $110,996 $15,100 3.1B Permit Plans 2 42 20 94.4 47 153 51 $66,643 $8,000 3.1C Final Plans 1 20 5 40 20 40 20 $24,340 $3,400 3.1D Bid Drawings 8 90 5 60 40 4 $40,805 $5,000 3.2 Contract Documents and Specifications 4 20 20 4 $10,440 3.3 Engineer’s Opinion of Probable Cost 10 16 $4,930 Subtotal 49 395 160 570 337 829 270 12 $446,697 $33,500 4 Permitting 4.1 USACE Nationwide Permit 12 24 16 32 24 10 $18,744 4.2 SFWMD Environmental Resource Permit 12 16 16 24 16 10 $15,144 4.3 Lake Worth Drainage District Permit 16 8 8 16 8 5 $10,572 4.4 City of Boynton Beach Tree Removal & Mitigation 4 8 16 8 8 $6,180 $4,400 4.5 City of Boynton Beach Building Department - Preapplication 4 2 4 2 $2,298 Subtotal 0 44 54 52 0 88 56 35 $52,938 $4,400 5 Bidding Assistance 5.1 Bid Advertisement 4 4 $1,540 5.2 Pre-Bid Conference 2 4 4 $2,338 5.3 Bid Clarification/Addenda 2 2 8 $2,674 5.4 Contract Award Recommendation 1 2 8 $2,092 5.5 Conformed Contract Documents 4 8 16 4 $4,980 Subtotal 4 7 22 20 0 16 4 0 $13,624 $0 6 Limited Construction Services 6.1 Pre-Construction Conference 4 6 2 6 $3,518 6.2 Shop Drawing & Submittal Review 75 30 150 $44,775 6.3 Progress Meetings 10 86 28 28 $29,570 $3,000 6.4 Construction Clarifications/Daily Communication 10 300 18 42 $73,880 $9,000 6.5 Certification of Construction Completion 24 4 4 $6,280 $3,000 6.6 Substantial and Final Inspections 10 24 4 16 $10,620 6.7 Resident Project Representative 750 $108,750 Subtotal 0 34 515 86 246 750 0 0 $277,393 $15,000 7 Public Outreach Coordination 7.1 Public Outreach Meeting Attendance (up to 3 mtgs) 4 33 33 16 4 $17,746 7.2 Resident Concern Log (Service Included) $0 7.3 Website Development & Maintenance 8 6 30 158 $30,726 Subtotal 4 41 0 39 30 174 0 4 $48,472 $0 Labor Subtotal Hours 133 799 1000 980.6 692.8 1991.25 473.75 155 $1,073,895 $317,665 Labor Subtotal Costs $36,575 $193,358 $205,000 $176,508 $110,848 $288,731 $47,375 $15,500 Labor Total Costs $1,073,895 Subconsultant Costs Total $317,665 Subconsultant Multiplier 1.1 Subconsultant Total $349,432 Permitting Allowance / Website Domain $7,500 Owner's Control Allowance $50,000 Reimbursable Expenses $10,000 Project Total $1,490,827 Design Total $1,145,934 Permitting Allowance / Website Domain $7,500 Owner's Control Allowance $50,000 Reimbursable Expenses $10,000 Limited Construction Services $277,393 $1,490,827 Exhibit C City of Boynton Beach - Chapel Hill Drainage Improvements Detailed Fee Breakdown Labor Classification and Hourly Rates 7/9/2025 Baxter Woodman, Inc.408 RFQ No. 25-018Q Chapel Hill Drainage Improvement Project Insurance Advisory – Attachment A IA - 1 ATTACHMENT “A” City of Boynton Beach Risk Management INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of “B+” or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of Consultant) The following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED General Liability General Aggregate $ 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners & Contractor's Protective (OCP) Personal & Adv. Injury $ 1,000,000.00 Asbestos Abatement Each Occurrence $ 1,000,000.00 Lead Abatement Fire Damage (any one fire) $ 50,000.00 Broad Form CONSULTANTs Med. Expense (any one person) $ 5,000.00 Premises Operations Underground Explosion & Collapse Products-Completed Operations Contractual Independent Contractors Fire Legal Liability Professional Liability Aggregate - $1,000,000.00 Automobile Liability Combined Single Limit $ 1,000,000.00 Any Auto All Owned Autos Hired Autos Non-Owned Autos Property: Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost Installation Floater Limits based on Project Cost Other - As Risk Identified to be determined Revised 04/2021 Excess Liability Umbrella Form Each Occurrence Aggregate to be determined to be determined Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 1,000,000.00 Disease, Policy Limit $ 1,000,000.00 Disease Each Employee $ 1,000,000.00 409 REQUEST FOR QUALIFICATIONS (RFQ) REVISED CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT RFQ No. 25-018Q PUBLISH DATE: February 14, 2025 ADVERTISEMENT DATE: February 14, 2025 NON-MANDATORY PRE- QUALIFICATION MEETING: February 24, 2025 by 8:30 AM QUESTION SUBMISSION DEADLINE: March 10, 2025 by 1:00 PM QUALIFICATION DUE & OPENING DATE: March 20, 2025 by 1:00 PM PRE-PROPOSAL LOCATION: City of Boynton Beach Room 115 100 E. Ocean Avenue Boynton Beach, FL 33435 SUBMISSIONS: Boynton-beach.bidsandtenders.net Bids&tenders Online Submission Only 410 City of Boynton Beach Procurement Division REQUEST FOR QUALIFICATIONS CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT TABLE OF CONTENTS Table of Contents NOTICE TO OFFERORS .............................................................................................................................. 7 SECTION I – INSTRUCTION TO OFFERORS – SUBMISSION REQUIREMENTS ................................... 9 1.0 DEFINITIONS ..................................................................................................................................... 9 “Addenda” ........................................................................................................................................... 9 “Agreement” ........................................................................................................................................ 9 “Application for Payment” ................................................................................................................. 9 “City” or “Owner” ............................................................................................................................... 9 “Contract Administrator” ................................................................................................................... 9 “Contract Documents” ..................................................................................................................... 10 “Consultant " ..................................................................................................................................... 10 “Defective” ......................................................................................................................................... 10 “Contract Manager” .......................................................................................................................... 10 “Effective Date of the Agreement” .................................................................................................. 10 “Evaluation/Selection Committee” .................................................................................................. 10 “End User (EU)” ................................................................................................................................ 10 “Qualification Package” ................................................................................................................... 10 “Interested parties” ........................................................................................................................... 10 “Notice to Proceed (NTP)” ............................................................................................................... 10 “Online e-procurement system” or “e-procurement system” ...................................................... 10 “Procurement Services” ................................................................................................................... 10 “Offeror/Offeror/Responder” ........................................................................................................... 10 “Request for Qualifications (RFQ)” ................................................................................................. 10 “Sub-Consultant” .............................................................................................................................. 10 “Responsible Offeror or Firm” ......................................................................................................... 10 “Responsive Offeror or Firm” .......................................................................................................... 10 “Written Amendment” ...................................................................................................................... 10 Work Order, Project, Services, or Program” .................................................................................. 10 1.1 TYPES OF SOLICITATIONS PROVIDED BY THE CITY ......................................................... 12 1.2 PROCUREMENT DEFINITION FOR SOLICITATION .............................................................. 12 1.3 ONLINE E-PROCUREMENT SYSTEM – (bids&tenders) ....................................................... 12 1.4 EXAMINATION OF CONTRACT DOCUMENTS ...................................................................... 12 1.5 ELIGIBILITY OF OFFEROR ..................................................................................................... 13 1.6 QUALIFICATIONS OF OFFERORS ......................................................................................... 13 1.7 PRE-QUALIFICATION CONFERENCE .................................................................................... 13 1.8 QUESTIONS AND ADDENDA ON THIS SOLICITATION ....................................................... 13 411 City of Boynton Beach Procurement Division 1.9 MISTAKES WITHIN RFQ .......................................................................................................... 14 1.10 SUBMISSION OF THE PROPOSAL ........................................................................................ 14 1.11 RFQ FORMS ............................................................................................................................. 14 1.12 EXECUTION OF SOLICITATION DOCUMENTS ..................................................................... 15 1.13 CAUSES FOR REJECTION ...................................................................................................... 15 1.14 REJECTION OF PROPOSALS ................................................................................................ 15 1.15 WITHDRAW OF PROPOSALS ................................................................................................. 15 1.16 NO SUBMITTAL ........................................................................................................................ 16 1.17 SOLICITATION DEADLINE ...................................................................................................... 16 1.18 RIGHTS OF THE CITY .............................................................................................................. 16 1.19 PROTEST PROCEDURE .......................................................................................................... 16 1.20 MINIMUM STANDARDS REQUIRED BY THE CITY ............................................................... 16 1.21 DISQUALIFICATION OF OFFEROR ........................................................................................ 17 1.22 INFORMATION AND DESCRIPTIVE LITERATURE................................................................ 17 1.23 INTERPRETATIONS ................................................................................................................. 17 1.24 CERTIFICATIONS, LICENSE, AND PERMITS ........................................................................ 17 1.25 SUB-CONSULTING .................................................................................................................. 17 1.26 ESCALATOR CLAUSE ............................................................................................................. 18 1.27 EXCEPTIONS BY OFFEROR ................................................................................................... 18 1.28 TRADE SECRET ....................................................................................................................... 18 1.29 ANTI-KICKBACK AFFIDAVIT .................................................................................................. 18 1.30 CONFLICT OF INTEREST / GIFT POLICY .............................................................................. 18 1.31 GIFT POLICY ............................................................................................................................ 19 1.32 CONFIRMATION OF MINORITY-OWNED BUSINESS ........................................................... 19 1.33 LOCAL BUSINESS PREFERENCE ......................................................................................... 19 1.34 AWARD OF CONTRACT: ......................................................................................................... 20 1.35 SIGNING OF CONTRACT: ....................................................................................................... 20 SECTION II – SCOPE OF WORK (SERVICES) – PROJECT AGREEMENT ........................................... 21 2.1 BACKGROUND ........................................................................................................................ 21 2.2 SCOPE OF SERVICES / GOAL ............................................................................................... 21 2.3 PROJECT SCHEDULE/TIMELINE ........................................................................................... 22 2.4 SERVICES TO BE PERFORMED: ........................................................................................... 22 2.5 EXISTING CONDITIONS .......................................................................................................... 23 2.6 BUDGET FOR PROJECT: ........................................................................................................ 23 2.7 AWARD of RFQ/SELECTION PROCESS: .............................................................................. 23 2.8 RESPONSIBILITIES OF CONSULTANT: ................................................................................ 23 2.9 PROHIBITION AGAINST CONTINGENT FEES....................................................................... 23 2.9 GENERAL ................................................................................................................................. 24 2.10 TIME SCHEDULE AND TIME FRAMES ................................................................................... 24 SECTION III – SUBMISSION OF QUALIFICATION PACKAGE ............................................................... 25 412 City of Boynton Beach Procurement Division 3.1 GENERAL REQUIREMENTS ................................................................................................... 25 3.2 CERTIFICATION AND LICENSES ........................................................................................... 25 3.3 DETAILED QUALIFICATION PACKAGE ................................................................................ 25 A. Letter of Interest ......................................................................................................................... 25 B. Standard Form 330 (Parts I and II) – Firms Qualifications ........................................................ 25 C. Certified Minority Business Enterprise ....................................................................................... 25 D. Offeror’s Qualifications .............................................................................................................. 26 E. Willingness to meet budget and timeline requirements: ............................................................ 26 F. Location: .................................................................................................................................... 26 G. Financial Information: ................................................................................................................ 26 H. Current and Projected Workload of the Offeror (by office local, if applicable) ........................... 27 I. References – Past Performance ............................................................................................... 27 J. Submittal of General Information and Procurement Forms and Documents .................... 27 SECTION IV – EVALUATION OF QUALIFICATION PACKAGE .............................................................. 28 4.1 EVALUATION METHOD AND CRITERIA ................................................................................ 28 4.2 QUALITATIVE GUIDELINES FOR ASSIGNING AWARD POINTS TO EVALUATION CRITERIA: .............................................................................................................................................. 29 4.3 CITY’S RIGHT TO USE BEST-VALUE RANKING: ................................................................. 29 4.4 ADDITIONAL CLARIFICATION: .............................................................................................. 29 4.5 SELECTION PROCESS: .......................................................................................................... 29 SECTION V – STANDARD GENERAL TERMS AND PROVISIONS ........................................................ 31 5.1 FAMILIARITY AND COMPLIANCE WITH LAWS, CODES AND REGULATIONS: ................ 31 5.2 NON-COLLUSION .................................................................................................................... 31 5.3 LEGAL CONDITIONS ............................................................................................................... 31 5.4 CONFLICT OF INTEREST ........................................................................................................ 31 5.5 ADDITIONAL HOURS QUANTITIES ........................................................................................ 31 5.6 DISPUTES ................................................................................................................................. 31 5.7 LEGAL REQUIREMENTS: ....................................................................................................... 31 5.8 ON PUBLIC ENTITY CRIMES .................................................................................................. 31 5.9 FEDERAL AND STATE TAX: ................................................................................................... 31 5.10 PURCHASE ORDER REQUIRED: ........................................................................................... 31 5.11 COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: ......................................... 31 5.12 PALM BEACH COUNTY INSPECTOR GENERAL:................................................................. 32 5.13 OTHER AGENCIES .................................................................................................................. 32 5.14 VENUE AND GOVERNING LAW: ............................................................................................ 32 5.15 NON-DISCRIMINATION & EQUAL OPPORTUNITY EMPLOYMENT..................................... 32 5.16 INDEPENDENT CONSULTANT RELATIONSHIP: .................................................................. 32 5.17 OMISSION OF DETAILS .......................................................................................................... 32 5.18 LOBBYING - CONE OF SILENCE: .......................................................................................... 33 5.19 LEGAL EXPENSES: ................................................................................................................. 33 413 City of Boynton Beach Procurement Division 5.20 NO THIRD-PARTY BENEFICIARIES: ...................................................................................... 33 5.21 DIRECT OWNER PURCHASES: .............................................................................................. 33 5.22 SCRUTINIZED COMPANIES:................................................................................................... 33 5.23 DISCRIMINATORY VENDOR LIST .......................................................................................... 33 5.24 NON-EXCLUSIVE ..................................................................................................................... 33 5.25 BUSINESS INFORMATION ...................................................................................................... 34 5.26 AGREEMENT/CONTRACT ....................................................................................................... 34 5.27 ENDORSEMENTS .................................................................................................................... 34 5.28 DRUG-FREE WORKPLACE ..................................................................................................... 34 5.29 PROHIBITED TELECOMMUNICATIONS EQUIPMENT .......................................................... 34 5.30 PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL, OR IDEOLOGICAL INTERESTS IN GOVERNMENT CONTRACTING ................................................................................. 34 5.31 RIGHTS IN DATA ...................................................................................................................... 34 5.32 DOCUMENTATION OF COSTS ............................................................................................... 34 5.33 PUBLIC RECORDS .................................................................................................................. 34 SECTION VI – SPECIAL CONDITIONS .................................................................................................... 36 6.1 ASSIGNMENT: .......................................................................................................................... 36 6.2 AGREEMENT EXTENSION ...................................................................................................... 36 6.3 INDEMNIFICATION ................................................................................................................... 36 6.4 CHANGES IN THE WORK/CONTRACT PRICE ...................................................................... 36 A. ALLOWANCE ............................................................................................................................ 36 B. CONTRACT PRICE ................................................................................................................... 37 C. CHANGE ORDER ..................................................................................................................... 37 6.5 CHANGES IN CONTRACT TIME ............................................................................................. 37 A. CHANGE ORDER ..................................................................................................................... 37 B. NOTICE ..................................................................................................................................... 37 C. BASIS FOR EXTENSION .......................................................................................................... 37 6.6 TERMINATION .......................................................................................................................... 37 A. DEFAULT AND TERMINATION FOR CAUSE: ........................................................................ 37 B. TERMINATION FOR CONVENIENCE OF CITY ...................................................................... 38 C. REMEDIES: ............................................................................................................................... 38 D. FUNDING OUT .......................................................................................................................... 38 6.7 PERFORMANCE OF CONSULTANT ....................................................................................... 38 6.8 INSURANCE REQUIREMENTS ............................................................................................... 39 6.9 FORCE MAJEURE .................................................................................................................... 39 6.10 IF A WORK AUTHORIZATION OR TASK ORDER IS PERMITTED TO CONTINUE BEYOND THE TERM .............................................................................................................................................. 39 6.11 INSPECTION AND ACCEPTANCE OF WORK PRODUCED .................................................. 39 6.12 CONTINGENT FEE ................................................................................................................... 40 6.13 TRUTH IN NEGOTIATION REPRESENTATION...................................................................... 40 6.14 PERFORMANCE REVIEW EVALUATION: .............................................................................. 40 414 City of Boynton Beach Procurement Division 6.15 ANTI-HUMAN TRAFFICKING .................................................................................................. 40 6.16 VERIFICATION OF EMPLOYMENT ELIGIBILITY – E-VERITY .............................................. 41 6.17 ENTITIES OF FOREIGN CONCERN ........................................................................................ 41 6.18 SUCCESSORS AND ASSIGNS ............................................................................................... 41 6.19 ENUMERATION OF PRECEDENCE OF CONTRACT DOCUMENTS .................................... 41 DRAFT – ENGINEERING CONSULTANT SERVICE AGREEMENT ........................................................ 42 .................................................................................................................................................................... 43 SAMPLE AGREEMENT FOR ENGINEERING/DESIGN SERVICES ........................................................ 43 ARTICLE 1 - PREAMBLE ...................................................................................................................... 43 ARTICLE 2 - SERVICES AND RESPONSIBILITIES ............................................................................. 44 ARTICLE 3 – TERM, TIME FOR PERFORMANCE, AND TERMINATION ........................................... 45 ARTICLE 4 - PROFESSIONAL SERVICES FEE & EXPENSES .......................................................... 46 ARTICLE 5 - CHANGES TO SCOPE AND ADDITIONAL SERVICES ................................................. 48 ARTICLE 6 – INDEMNIFICATION ......................................................................................................... 49 ARTICLE 7 – INSURANCE .................................................................................................................... 49 ARTICLE 8 - NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYMENT ....................... 51 ARTICLE 9 – STAFFING AND INDEPENDENT CONTRACTOR ......................................................... 51 ARTICLE 10 - AGREEMENT SUBJECT TO FUNDING ........................................................................ 51 ARTICLE 11 - UNCONTROLLABLE FORCES ..................................................................................... 52 ARTICLE 12 - GOVERNING LAW, JURISDICTION, VENUE, AND WAIVER OF JURY TRIAL ......... 52 ARTICLE 13 - SIGNATORY AUTHORITY ............................................................................................. 52 ARTICLE 14 - DEFAULT OF CONTRACT & REMEDIES ..................................................................... 53 ARTICLE 15 – BANKRUPTCY .............................................................................................................. 54 ARTICLE 16 - DISPUTE RESOLUTION ................................................................................................ 54 ARTICLE 17 - PUBLIC RECORDS ........................................................................................................ 54 ARTICLE 18 – PERFORMANCE EVALUATIONS ................................................................................ 55 ARTICLE 19 – REGULATORY CAPACITY ........................................................................................... 55 ARTICLE 20 – MISCELLANEOUS ........................................................................................................ 55 ATTACHMENT “A” ...................................................................................................................................... 1 ATTACHMENT “B” ...................................................................................................................................... 1 415 City of Boynton Beach Procurement Division RFQ 25-018Q – CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT 7 The City of Boynton Beach NOTICE TO OFFERORS REQUEST FOR QUALIFICATIONS FOR CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT RFQ. No. 25-018Q Electronic Requests for Qualification (RFQs) shall be received by the e-procurement system up until March 20, 2025; No Later Than 1:00 P.M. (Local Time); unless specified otherwise and may not be withdrawn within ONE HUNDRED TWENTY DAYS (120) days after such date and time. All RFQs received will be publicly opened and acknowledged of receipt by the City’s e-procurement system electronically. The e-procurement system does not permit RFQs received after the assigned date and time. For the above reasons, it is recommended that the Offeror(s) allow sufficient time to complete your online Submission and to resolve any issues that may arise. ATTENTION, ALL INTERESTED RESPONDENTS: To obtain documents online, please visit Boynton-beach.bidsandtenders.net. Documents are not provided in any other manner. SCOPE OF SERVICES: The City of Boynton Beach “City” Utilities Division is requesting sealed proposals from qualified and experienced firms to provide a design of a new stormwater system for the Neighborhood Improvement project and to improve the level of service (LOS) within the Chapel Hill area. The new stormwater system will consist of the installation of conveyance pipe through the area, directing runoff to a new stormwater pump station and consequently discharging to the E-4 Canal. In the areas where is not feasible to have conveyance pipes, exfiltration trenches may be installed to alleviate flooding. The project will also have roadway restoration, trench restoration, sidewalks restoration, driveways restoration, and swale restoration within the right-of-way. The Offeror(s) shall act as an independent Consultant and not as an employee of the City. Questions related to the RFQ are to be submitted to the Purchasing representative through the e- procurement system only by clicking on the “Submit a Question” button for this specific Solicitation. PRE-QUALIFICATION CONFERENCE: A NON-MANDATORY Pre-Qualification Conference is scheduled for February 24, 2025, at 8:30 A.M. to be held at City of Boynton Beach City Hall Room 115, 100 East Ocean Avenue, Boynton Beach, Florida 33435. Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P. O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6310 416 City of Boynton Beach Procurement Division RFQ 25-018Q – CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT 8 The purpose of this meeting is to provide a forum for all concerned parties to discuss the proposed project, answer questions on the solicitation document, review the qualifications requested, provide instructions for submitting qualification packages, and discuss other relevant issues. In the event that any discussions or questions at the pre-qualification meeting require, in the City’s opinion, official additions, deletions, or clarifications of the solicitation or any other document, the City will issue an addendum to this Request for Proposals, as the City determines is appropriate. No oral representation or discussion taking place at the pre-proposal meeting will be binding or may be relied upon by any person or entity. All questions prior to the pre-proposal meeting should be submitted in writing through the City’s e-procurement system by the deadline for questions. LOBBYING / CONE OF SILENCE: Consistent with the requirements of Chapter 2, Article VIII, Lobbyist Registration, of the Palm Beach County Code of Ordinances, Boynton Beach imposes a Cone of Silence. A cone of silence shall be imposed upon each competitive solicitation as of the deadline to submit the proposal, bid, or other response and shall remain in effect until the City Commission awards or approves a contract, rejects all bids or responses, or otherwise takes action that ends the solicitation process. While the cone of silence is in effect, no Offeror or its agent shall directly or indirectly communicate with any member of the City Commission or their staff, the Manager, any employee of Boynton Beach authorized to act on behalf of Boynton Beach in relation to the award of a particular contract or member of the Selection Committee in reference to the solicitation, with the exception of the Purchasing Manager or designee. (Section 2-355 of the Palm Beach County Code of Ordinances.) Failure to abide by this provision may serve as grounds for disqualification for award of contract to the Offeror. Further, any contract that violates the cone of silence shall render the transaction voidable. The cone of silence shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before Selection Committees, contract negotiations during any public meeting, presentations made to the City Commission, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence with Boynton Beach as may be permitted by the competitive solicitation. Additionally, the cone of silence shall not apply to any purchases made in an amount less than the competitive solicitation threshold set forth in the Purchasing Manual. PUBLIC RECORDS DISCLOSURE: Pursuant to Florida Statutes §119.07, sealed Bids, Proposal or Responses received by the City in response to a Request for Qualification or Invitation to Bid are exempt from public records disclosure requirements until thirty (30) days after the opening of the Proposals/Bids unless the City announces intent to award sooner. If the City rejects all Responses submitted in accordance with a Request for Proposal/Qualification or Invitation to Bid, and the City concurrently provides notice of its intent to reissue the competitive solicitation, the rejected Responses remain exempt from public disclosure until such time as the City provides notice of a decision or intended decision concerning the competitive solicitation or until the City withdraws the reissued competitive solicitation. A Bid, Proposal, Response, or reply is not exempt for longer than twelve (12) months after the initial City notice rejecting all Bids, Proposals, or replies. CITY OF BOYNTON BEACH 417 City of Boynton Beach Procurement Division RFQ 25-018Q – CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT 9 CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT SECTION I – INSTRUCTION TO OFFERORS – SUBMISSION REQUIREMENTS PROCUREMENT DIVISION Our Mission Statement: We are unwavering in our commitment to promoting integrity, transparency, and fairness in every step of the procurement process. This dedication is the cornerstone of our mission. We strive to maximize value for our community by fostering competitive opportunities for local businesses, ensuring compliance with regulations, and delivering exceptional service to our stakeholders. Through collaboration, planning, and innovation, we aim to support the city’s goals while enhancing the economic vitality of our region. Our Purpose: The City of Boynton Beach's procurement division is dedicated to fostering equitable and fair competition in our solicitations through a transparent procurement process. We actively collaborate with local vendors to ensure that every participant has an equal opportunity to secure government contracts. Our commitment to fairness and transparency is unwavering. Key Goals: As guardians of the public trust, our procurement division is deeply committed to its purpose and mission. Upholding the values of vision, integrity, efficiency, and quality service, we strive to fulfill our commitments with unwavering dedication. Community Impact: Our local, state, and nationwide vendors are essential partners in our purpose and mission. We are dedicated to collaborating with qualified, competitive vendors who share our commitment to quality, efficiency, teamwork, and exceptional customer service. A Message to our Vendors: Your work as a vendor is not just about delivering products and services. It's about enhancing the overall value of our services to our residents. We expect high-quality products and efficient services, delivered on time and as specified, to make a real difference in our community. Additionally, we anticipate that our vendors will collaborate with us as a team and maintain the highest standards of integrity in all interactions with the city’s offices and departments. These are expectations and standards we hold all our vendors to. Diligence in fulfilling the requirements of this solicitation will significantly enhance the overall quality of services delivered to our community. The City seeks a firm that embodies these principles in its work, and the successful candidates will be evaluated against the performance standards detailed in this solicitation. 1.0 DEFINITIONS Whenever the following terms appear in the Proposal, the intent and meaning shall be interpreted as follows: “Addenda” Written or graphic instruments issued before opening Solicitations that clarify, correct, or change the solicitation requirements or the contract document. “Agreement” The written agreement between the City and the Consultant covering the scope of work to be performed, including other Contract Documents attached to the Agreement and made a part thereof. The words “Agreement” and “Contract” are used interchangeably. “Application for Payment” The form acceptable to the Contract Administrator is used by the Consultant during the work in requesting progress or final payments and is accompanied by such supporting documentation as is required by the Contract Documents. “City” or “Owner” The City of Boynton Beach, Florida, a municipal corporation of the State of Florida “Contract Administrator” The Department’s Director or some other employee expressly designated as Contract Administrator in 418 City of Boynton Beach Procurement Division RFQ 25-018Q – CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT 10 writing by the Director, who is the representative of the City concerning the Contract Documents. “Contract Documents” The contract documents consist of this Agreement, conditions of the contract (General, Supplementary, and other Conditions), drawings, specifications of this Solicitation, all addenda issued prior to, all modifications issued after execution of this Agreement, Notice of Award, Notice to Proceed, Certificate(s) of Insurance, Bonds and any additional modifications and supplements, Change Orders and Work directive changes issued on or after the effective date of the Contract. These contract documents form the Agreement, and all are as fully a part of the Agreement if attached to this Agreement or repeated therein. “Consultant " The individual or firm who successfully receives the award for work to be completed as defined by this solicitation. Also referred to as Successful Offeror. “Defective” An adjective which, when modifying the Work, refers to Work that is unsatisfactory, faulty, or deficient, or does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test, or approval referred to in the Contract Documents. “Contract Manager” The City’s authorized Contract representative. “Effective Date of the Agreement” The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. “Evaluation/Selection Committee” City Staff and /or outside consultants or subject matter experts who are assigned to evaluate the submitted proposals. “End User (EU)” An internal member of the city staff has requested a procurement service. Also known as a Stakeholder (SH) “Qualification Package” Submission from the Offeror or Firm for this request for qualification. “Interested parties” Firms or offerors interested in the solicitation plan to eventually create and submit a qualification package. “Notice to Proceed (NTP)” A written notice given by the City to the Consultant fixing the date on which the Contract Time will commence to run and on which the Consultant shall start to perform the Consultant’s obligations under the Contract Documents. Such Notice is to be issued by the project Contract Administrator. “Online e-procurement system” or “e-procurement system” The City of Boynton Beach’s solicitation management system is “bids&tenders.” “Procurement Services” The Procurement Division - Department of Finance of the City of Boynton Beach. “Offeror/Offeror/Responder” Any individual, firm, or corporation submitting a proposal for this project, acting directly or through a duly authorized representative. For the purpose of this solicitation, the terms “Offeror” and “Proposer” are used interchangeably and have the same meaning. “Request for Qualifications (RFQ)” Is a method of procurement permitting discussions with responsible offerors and revisions to proposals prior to the award of a contract. The consultant’s qualifications such as expertise, skills, experience, and other project- specific factors. Requests for Qualifications shall be in compliance with the State of Florida Competitive Consultants Negotiations Act, (CCNA) FS Chapter 287.055. Pricing is not submitted as a part of this evaluation process for submitted qualification proposals. “Sub-Consultant” Any person, firm, entity, or organization, other than the employees of the Consultant, who contracts with the Consultant to furnish labor, or labor and materials, in connection with the work or services to the City, whether directly or indirectly, on behalf of the Consultant. “Responsible Offeror or Firm” This means a person or firm capable of fully performing the requirements in the RFQ and agreement and having the tenacity, perseverance, experience, integrity, reliability, capacity, facilities, equipment, and credit to ensure good faith performance. “Responsive Offeror or Firm” This means a Person or firm who has submitted a Proposal that conforms in all material respects to the requirements outlined in this RFQ. “Written Amendment” A written amendment of the Contract Documents, signed by the CITY and the Consultant on or after the Agreement's Effective Date typically deals with non- technical aspects rather than strictly work-related aspects of the Contract Documents. Work Order, Project, Services, or Program” All matters that will be required to be done by the Consultant in accordance with the Scope of Work, Terms and Conditions, and Special Provisions of this RFQ. 419 City of Boynton Beach Procurement Division RFQ 25-018Q – CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT 12 The following instructions are given to guide Offerors in inadequately preparing their responses. These directions have equal force and weight with the specifications, and strict compliance is required with all provisions. 1.1 TYPES OF SOLICITATIONS PROVIDED BY THE CITY Anytime the City releases a new solicitation, it will contain a suffix of one of the following types: B = Invitation for Bid (ITB) R = Request for Proposal (RFP) L = Letter of Interest (LOI) Q = Request for Qualifications (RFQ) This suffix will determine what type of solicitation the City will be procuring. The City reserves the right to add any additional solicitation types at any time. 1.2 PROCUREMENT DEFINITION FOR SOLICITATION A Request for Qualification (RFQ) is a method of procurement permitting discussions with responsible offerors and revisions to proposals prior to the award of a contract. The consultant’s qualifications such as expertise, skills, experience, and other project-specific factors. Requests for Qualifications shall be in compliance with the State of Florida Competitive Consultants Negotiations Act (CCNA) FS Chapter 287.055. Pricing is not submitted as a part of this evaluation process for submitted qualification proposals. Fair and reasonable fees are negotiated with the top-ranked firm for an agreed-upon scope of services. Proposals will be evaluated by an evaluation committee based on the criteria set forth in SECTION IV – EVALUATION OF QUALIFICATION PACKAGES. 1.3 ONLINE E-PROCUREMENT SYSTEM – (bids&tenders) A. The City of Boynton Beach utilizes an electronic online e-procurement system service to notify and distribute its solicitation documents; please visit Boynton- beach.bidsandtenders.net. B. To obtain documents online, please visit Boynton-beach.bidsandtenders.net. C. Before registering for the opportunity, you may preview the solicitation documents with a Preview Watermark. Documents are not provided in any other manner. D. Offerors are cautioned that the timing of their Submittal submission is based on when the Submittal is RECEIVED by the e-procurement System, not when a Submittal is submitted, as the Submittal transmission can be delayed due to file transfer size, transmission speed, etc. E. For the above reasons, sufficient time is recommended to complete your RFQ Submission and resolve any issues that may arise. The online e-procurement system’s web clock shall determine the closing time and date. F. Offerors should contact bids&tenders support listed below at least twenty-four (24) hours prior to the closing time and date if they encounter any problems. G. The e-procurement system will send a confirmation email to the Offeror advising that their submittal was submitted successfully. If you do not receive a confirmation email, contact bids&tenders support at support@bidsandtenders.net. 1.4 EXAMINATION OF CONTRACT DOCUMENTS A. Before submitting a Qualification Package, each Offeror must visit the site (if applicable to the project) to become familiar with the facilities and equipment that may in any manner affect cost or performance of the work; must consider federal, state, grant requirements (if Applicable) and local laws, ordinances, rules and regulations that may in any manner affect cost or performance of the work, must carefully compare the Offeror's observations made 420 City of Boynton Beach Procurement Division RFQ 25-018Q – CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT 13 during site visits or in review of applicable laws with the Qualification Package Documents; and must promptly notify the Procurement Officer of all conflicts, errors and discrepancies, if any, in the Qualification Package Documents. B. The Offeror, by and through the submission of a Proposal, agrees that it shall be held responsible for having examined the facilities and equipment (if applicable), is familiar with the nature and extent of the work and any local conditions that may affect it, and is familiar with the equipment, materials, parts, and labor required to perform the work successfully. 1.5 ELIGIBILITY OF OFFEROR To be eligible to respond to participate in this RFQ, the proposing firm or principals must demonstrate that they, or the principals assigned to the contract, have successfully provided services similar magnitude as those specified in SECTION II. SCOPE OF WORK (SERVICES) of this solicitation to at least one city similar in size and complexity to the City of Boynton Beach or can demonstrate they have the experience with large-scale private sector clients and the managerial and financial ability to perform the services successfully. 1.6 QUALIFICATIONS OF OFFERORS A. No e-submission will be accepted from, nor will any contract be awarded to, any person who is in arrears to the City of Boynton Beach upon any debt or contract or who has defaulted, as surety or otherwise, upon any obligations to the City, or who has been deemed irresponsible or unreliable to the City. B. The City plans to review this RFQ in accordance with Florida Statute 287.055 and any CCNA requirements. C. Awards will be based on past performance and quality of work in addition to the Consultant’s RFQ response. D. If selected for a contract, all Consultants must perform to the satisfaction of the City before being considered for award of additional contracts. E. Consultants whose performance is unsatisfactory shall be subject to debarment or suspension. 1.7 PRE-QUALIFICATION CONFERENCE The city may hold a pre-qualification conference for this project. The information regarding such a meeting will be noted on the 1st page of this document. 1.8 QUESTIONS AND ADDENDA ON THIS SOLICITATION From time to time, the City may issue an addendum to change the intent or to clarify the meaning of the Contract documents. Since all addenda are available to Offerors through the City’s e- Procurement system Boynton-beach.bidsandtenders.net, it is the responsibility of each Offeror to have received ALL addenda issued. Offerors should check online at Boynton-beach.bidsandtenders.net before submitting their proposal and until the proposal closing time and date in the event, to ensure no additional addenda are issued. If a Offeror submits their proposal before the BID closing time and date and an addendum has been issued, the e-procurement system shall WITHDRAW the proposal. The submittal status will change to an INCOMPLETE STATUS, and the Proposal will be withdrawn. The Offeror can view this status change in the “MY BIDS” section of the e-procurement system. A. The Offeror is solely responsible for creating any required adjustments to their Bid/Proposal, acknowledging the addenda, and ensuring the re-submitted Bid/Proposal is RECEIVED by the e-procurement System no later than the stated Bid/Proposal closing time and date. B. The Offeror is responsible for submitting written questions or requesting clarification for items included in this solicitation through bids&tenders. C. Any and all responses to questions or inquiries, interpretations, and supplemental 421 City of Boynton Beach Procurement Division RFQ 25-018Q – CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT 14 instructions will be in the form of a written addenda, which, if issued, will be posted through bids and tenders. D. No verbal interpretations may be relied upon. E. Failure of any Offeror to receive any such addenda or interpretation shall not relieve any Offeror from any obligation under a response as submitted. All addenda so issued shall become a part of the solicitation document. F. Offeror shall acknowledge receipt of any addenda through the e-procurement system by checking a box for each addenda and any applicable attachment. G. It is the Offeror's responsibility to have received all issued addenda. Offerors should check online at Boynton-beach.bidsandtenders.net prior to submitting their Submittal and up until the BID closing time and date in the event additional addenda are issued. H. Interested parties may preview the solicitation documents with a Preview Watermark before registering for the opportunity. Documents are not provided in any other manner. I. If any interested parties have received this RFQ packet from a source other than bids&tenders directly and the Interested Party is not registered with bids&tenders, they must register with bids&tenders. J. No negotiations, decisions, or actions shall be initiated by the Offeror as a result of any discussions with a City employee. K. Only those communications in writing from the Purchasing Division may be considered a duly authorized expression. Also, only communications from Offerors submitted through bids&tenders in writing will be recognized by the City as duly authorized expressions on behalf of the Offeror. L. Late Submittal Responses are not permitted by the e-procurement system. M. To ensure receipt of the latest information and updates via email regarding this solicitation, or if a Offeror has obtained this Solicitation from a third party, the responsibility is on the Offeror to create an e-procurement system vendor account and register as a plan taker for the solicitation with bids&tenders. N. All expenses for making SUBMITTAL responses to the City are to be borne by the Offeror. 1.9 MISTAKES WITHIN RFQ Offerors are cautioned to examine all terms, conditions, specifications, Scope of Work, exhibits, addenda, delivery instructions, and special conditions pertaining to the solicitation. Failure to examine all pertinent documents shall not entitle the Offeror to any relief from the conditions imposed in the contract and may lead to the rejection of a proposal. 1.10 SUBMISSION OF THE PROPOSAL A. The City’s e-procurement solicitation system shall receive ELECTRONIC BID SUBMISSIONS ONLY. B. Hardcopy submissions are not permitted. C. Electronic Request for Qualifications/Request for Proposals/Invitation to Bid Proposals for this solicitation shall be received by the City’s e-procurement system no later than the time outlined on page #1 of this solicitation. D. Late responses are not permitted by the e-procurement system. It shall be the sole responsibility of the Offeror to have their Request for Qualifications/Request for Proposals/Invitation to Bid submittal submitted online. E. All qualification packages shall be submitted in English. 1.11 RFQ FORMS A. The Offeror will submit a response to the solicitation (RFQ) on the proposal submission forms provided. All proposal submissions prices, amounts, and descriptive information must be entered into the e-procurement system bids&tenders. B. The Offeror must be licensed to do business as an individual, partnership, or corporation in the State of Florida. C. All qualification package forms should be executed and submitted for easy identification. Responses not submitted on proposal submission forms may be rejected. D. All qualification package submissions are subject to the conditions specified in this solicitation document. Submittals that do not comply with these conditions may be rejected. 422 City of Boynton Beach Procurement Division RFQ 25-018Q – CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT 15 E. THE FOLLOWING FILLABLE DIGITAL FORMS HAVE BEEN CREATED AND MUST BE SUBMITTED / ACKNOWLEDGED WITH EACH BID: i Certification ii Vendor Drug-Free Workplace iii Qualification Statement iv References v Scrutinized Companies List vi E-Verify Compliance vii Sub-Contractor Form viii Firm’s Primary Ownership F. FORMS THAT MUST BE UPLOADED TO THE DOCUMENT UPLOAD SECTION i Document Upload 1: Complete Qualification Package as described in SECTION III – Detailed Qualification Package ii Document Upload 2: Non-Collusive Affidavit & Acknowledgement iii Document Upload 3: Scrutinized Companies Affidavit iv Document Upload 4: Foreign Entity Ownership Affidavit v Document Upload 5: Anti-Human Trafficking Affidavit vi Document Upload 6: Proof of State Certified or County Competency vii Document Upload 7: Certificate of Insurance – Proof of Requirements viii Document Upload 8: Internal Revenue Service Form W-9 ix Document Upload 9: Anti Kick Back Affidavit x Document Upload 10: Certified Minority Business Enterprise 1.12 EXECUTION OF SOLICITATION DOCUMENTS Proposal submissions to this solicitation must contain a manual signature of an authorized representative in the space provided on all affidavits and proposal sheets. 1.13 CAUSES FOR REJECTION No response will be canvassed, considered, or accepted which, in the opinion of the City’s evaluation committee, is incomplete, informal, or unbalanced or contains inadequate documentation as required herein. Any alteration, erasure, interlineations, or failure to specify a response for all items called for in the schedule may render the proposal invalid. 1.14 REJECTION OF PROPOSALS A. The City reserves the right to reject any proposal if the evidence submitted by the Offeror, or if the investigation of such Offeror, fails to satisfy the City that such Offeror is appropriately qualified to carry out the obligations and to complete the work contemplated. B. Any or all proposals will be rejected if there is reason to believe that collusion exists among Offerors. A proposal shall be considered irregular and may be rejected if it indicates serious omissions, alterations in form, additions not called for, conditions or unauthorized alternates, or irregularities of any kind. C. The City reserves the right to reject any or all proposals, waive such technical errors, waive informalities or irregularities in any response received, re-advertise, or take any other actions as may be deemed best for the interests of the City. 1.15 WITHDRAW OF PROPOSALS Any responder may, without prejudice to themself, withdraw his response at any time prior to the expiration of the time during which responses may be submitted. Such withdrawal request must be in writing and signed in the same manner and by the same person who signed the response through bids&tenders. After the expiration period for receiving responses, no proposal can be 423 City of Boynton Beach Procurement Division RFQ 25-018Q – CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT 16 withdrawn. 1.16 NO SUBMITTAL A NO SUBMITTAL response can be submitted online through bids&tenders the e-procurement system. 1.17 SOLICITATION DEADLINE The Offeror is responsible for ensuring that the proposal is submitted electronically by or at the proper time and date before the solicitation deadline. The e-procurement solicitation system does not permit late submission responses. 1.18 RIGHTS OF THE CITY The City reserves the right to the following: A. Reject any or all proposals. B. Reject or cancel any or all RFP, RFQ, or BID during the procurement process. C. Reissue a solicitation, including a Request for Proposals (RFP), Request for Qualifications (RFQ), or Invitation to Bid (ITB). D. Extend the RFP, RFQ, or BID deadline time and date. E. Procure any item by other means. F. Increase or decrease the quantity specified in the Request for Proposals (RFP), Request for Qualifications (RFQ), or Invitation to Bid (ITB). G. Consider and accept an alternate RFP/RFQ/ITB as provided herein when most advantageous to the City. H. Waive any defect, irregularity, or informality in any RFQ procedure. I. Waive as an informality technical error, minor deviations from specifications, defect, or accept a portion of any proposal deemed to be the most responsive, responsible Offeror(s) representing the most advantageous submission to the City. J. Consideration may be given but is not necessarily limited to conformity to the specifications, including timely delivery; product warranty; a Offeror’s proposed service; ability to supply and provide service; delivery to required schedules and past performances in other agreements/contracts with the City or other government entities. 1.19 PROTEST PROCEDURE Protest procedures are provided in the City of Boynton Beach Purchasing Policy. Protests shall be submitted in writing and addressed to the Purchasing Director via hand delivery or mail, along with a protest cash bond in an amount equal to 5% of the bid or $5,000, whichever is less. The bond will be refunded to a protester if the protest is upheld. The protest must identify the solicitation, specify the basis for the protest, and be received by the Purchasing Division within the deadlines as follows: A. If the protest relates to an Invitation to Bid, Request for Proposal, or Request for Qualifications, it must be received before the bid submittal deadline date. B. if the protest relates to any other matter relating to the bid, including, but not limited to, the award of an agreement/contract, the protest must be received no later than THREE (3) regular business days after the date of notification of intent to award by a member of the purchasing staff. Failure to file a protest as outlined in the City of Boynton Beach’s Purchasing Policy shall constitute a waiver of proceedings. 1.20 MINIMUM STANDARDS REQUIRED BY THE CITY Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective Offeror has the following: 424 City of Boynton Beach Procurement Division RFQ 25-018Q – CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT 17 A. The appropriate financial, material, equipment, facility, and personnel resources and expertise, or the ability to obtain such, necessary to indicate its capability to meet all agreement/contractual requirements. B. A satisfactory record of performance. C. A satisfactory record of integrity. D. Qualified legally to Agreement/contract within the State of Florida and the City of Boynton Beach. E. Supplied all necessary information in connection with the inquiry concerning responsibility. 1.21 DISQUALIFICATION OF OFFEROR More than one Proposal from an individual, firm, partnership, corporation, or association under the same or different names shall not be considered. All proposals shall be rejected if there is reason to believe collusion exists between Offerors. Automatic disqualifiers are as follows: A. Not being licensed to perform the required work by the Consultant. B. Not being eligible to submit a proposal due to violations listed under “Public Entity Crimes.” 1.22 INFORMATION AND DESCRIPTIVE LITERATURE The Offeror must furnish all information requested in the spaces provided on the proposal submission form. Further, as may be specified elsewhere, each Offeror may need to submit cuts, sketches, descriptive literature, and technical specifications covering the products offered for proposal evaluation. Reference to literature submitted with a previous bid or on file with the buyer will not satisfy this provision. 1.23 INTERPRETATIONS To ensure fair consideration for all Offerors, the City prohibits communication to or with any department, officer, or employee during the solicitation process as described in the Cone of Silence except as otherwise specified. If the Offeror should be in doubt as to the meaning of any of the solicitation documents or believes that the plans and/or specifications contain errors, contradictions, or reflect omissions, the Offeror shall direct questions to the Purchasing representative through the e-procurement solicitation system only by clicking on the “Submit a Question” button for this Bid, no later than ten (10) days prior to the solicitation deadline. 1.24 CERTIFICATIONS, LICENSE, AND PERMITS A. Unless otherwise directed by the City, the Offeror should provide a copy of all applicable certificates of Competency or Licenses issued by the State of Florida or the Palm Beach County Licensing Board in the name of the Offeror. B. If applicable, the Offeror shall also maintain a current Local Business Tax Receipt (Occupational License) for the County and all permits required to complete the agreement/contractual service at no additional cost to the City. C. A County Local Business Tax Receipt (Occupational License) is required unless specifically exempted by law. It shall be the responsibility of the Consultant to obtain all certifications, licenses, and permits, if required, to complete the services at no additional cost to the City. D. It is the responsibility of the Offeror to ensure all required certifications, licenses, and permits are maintained and are current throughout the term of the contract, inclusive of any renewals. E. Licenses and permits shall be readily available for review by the Purchasing Agent and City Inspectors. F. Failure to meet this requirement shall be considered a default of the contract 1.25 SUB-CONSULTING A. If a Offeror utilizes sub-consultants for any portion of a Contract for any reason, the Offeror should state the name and address of the sub-consultant and the name of the person to be contacted on the online form within the e-procurement system under “Schedule of Sub- consultant.” 425 City of Boynton Beach Procurement Division RFQ 25-018Q – CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT 18 B. The City of Boynton Beach reserves the right to accept or reject any or all proposals wherein a sub-consultant is named and to make the award to the Consultant, who, in the opinion of the City, will be in the best interest of and/or most advantageous to the City. C. The City also reserves the right to reject a submission of any Offeror if the solicitation names a sub-consultant who has previously failed to perform an award properly or failed to deliver on-time Contracts of a similar nature or who cannot perform correctly under this award. D. The City reserves the right to inspect all facilities of any sub-consultant to determine the foregoing. E. The sub-consultant will be equally responsible for meeting all requirements specified in this Request for Qualifications (RFQ). F. Offerors are encouraged to seek participation from minority and women-owned business enterprises in subcontracting opportunities. The City reserves all rights to determine the foregoing. 1.26 ESCALATOR CLAUSE Any proposal that is submitted subject to an escalator clause will be rejected. 1.27 EXCEPTIONS BY OFFEROR Incorporation in a proposal of exceptions to any portion(s), of the Contract documents may invalidate the proposal. Exceptions to the Scope of Work and/or Special Provisions shall be clearly and specifically noted in the submitted proposal on a separate sheet marked “EXCEPTIONS TO THE SPECIFICATIONS,” which shall be attached to the proposal. The use of the Offeror’s standard forms or the inclusion of the manufacturer’s printed documents shall not be construed as constituting an exception within the intent of the Contract documents. 1.28 TRADE SECRET Any language contained in the Offeror’s proposal purporting to require confidentiality of any portion of the Proposal, except to the extent that certain information is, in the City’s opinion, a Trade Secret pursuant to Florida law, shall be void. If a Offeror submits any documents or other information to the City that the Offeror claims are Trade Secret information and exempt from Florida Statutes Chapter 119.07 (Public Records Laws), the Offeror shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Offeror must specifically identify the exemption being claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any information contained in the Offeror’s proposal constitutes a Trade Secret. The City’s determination of whether an exemption applies shall be final, and the Offeror agrees to defend, indemnify, and hold harmless the City its officers, employees, volunteers, and agents, against any loss or damages incurred by any person or entity as a result of the City’s treatment of records as public records. Proposals purporting to be subject to copyright protection in full or in part will be rejected. EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW, DO NOT MARK YOUR PROPOSAL AS PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR PROPOSAL OR ANY PART THEREOF AS COPYRIGHTED. 1.29 ANTI-KICKBACK AFFIDAVIT Each Offeror shall complete the Anti-Kickback Affidavit Form and shall submit this form with their Proposal. The City considers the failure of the Offeror to submit this document to be a major irregularity and may be cause for rejection of the Proposal. 1.30 CONFLICT OF INTEREST / GIFT POLICY The Offeror represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in a manner with the performance of services required hereunder, as provided for in Chapter 112, Part III, Florida Statutes. All Offerors shall disclose the name of any 426 City of Boynton Beach Procurement Division RFQ 25-018Q – CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT 19 City employee or relative of a City employee who owns, directly or indirectly, an interest of ten percent (10%) or more in the Offeror’s firm or any of its branches. A. CONFLICT OF INTEREST: No employee, officer, or agent of the City may participate in the selection, award, or administration of a contract supported by a federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, agent, any member of his or her immediate family, his or her partner, or an organization that employs or is about to employ any of the parties indicated herein, has a financial or other interest in or may receive a tangible personal benefit from a Offeror considered for a City contract. In addition, the Offeror shall disclose to City in writing all federal criminal law violations involving fraud, bribery, or gratuity that potentially affect the award of this solicitation Failure to make the required disclosures can result in withheld payments, award termination, suspension, or debarment of the Offeror. B. ORGANIZATIONAL CONFLICT OF INTEREST: The Offeror shall not have activities or relationships (a) causing the Offeror to be unable, or potentially unable, to render impartial assistance or advice to the City; (b) impairing the Offeror's objectivity in performing the contract work; or (c) resulting in an unfair competitive advantage. 1.31 GIFT POLICY No Offeror who is a party to, or receives a benefit from, this agreement/contract shall offer a gratuity, favor, or anything of monetary value to any officer, employee, or agent of the City. Further, no officer, employee, or agent of the City shall solicit or accept a gratuity, favor, or anything of monetary value from a Offeror who is a party to, or receives a benefit from, this agreement/contract. 1.32 CONFIRMATION OF MINORITY-OWNED BUSINESS It is the desire of the City of Boynton Beach to increase the participation of minority-owned businesses in its contracting and procurement programs. While the City does not have any preference or set-aside programs in place, it is committed to a policy of equitable participation for these firms. Therefore, each Offeror shall complete the Confirmation of Minority-Owned Business Form and shall submit the form with its submission. 1.33 LOCAL BUSINESS PREFERENCE The City of Boynton Beach Administrative Policy No. 10.16.01 provides for a local business preference. A valid business tax receipt issued by the City for at least one (1) year prior to solicitation. “For all acquisitions made pursuant to Requests for Proposals, Requests for Qualifications, or Requests for Letters of Interest, the solicitation shall include a weighted criterion for Local Businesses of five percentage points (5%) of the total points in the evaluation criteria published in the solicitation. For all acquisitions made pursuant to Requests for Proposals, Requests for Qualification, or Requests for Letters of Interest, where the solicitation includes a qualitative ranking rather than a quantitative selection, the evaluation criteria shall include a Local Business preference, as reasonably determined by the Purchasing Division, consistent with the intent of this Policy. Each such solicitation shall clearly define the application of the Local Business preference.” Respondents must include the Local Business Status Certification Form with their RFQ submissions to be considered for a local business preference. 427 City of Boynton Beach Procurement Division RFQ 25-018Q – CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT 20 Failure to submit this form at the time of RFQ submittal will result in the Respondent being found ineligible for the local business preference for this solicitation and will receive zero (0) points for that criterion. If the Respondent meets the requirements of a local business as defined by the preference, the proposal will be awarded the total 5 points allotted by each evaluation committee member. Firms not meeting the Preference requirements will receive zero points in this evaluation criterion. 1.34 AWARD OF CONTRACT: A. Contracts or purchase orders will be awarded by the City to the most qualified, responsive, responsible Offeror whose submission represents the most advantageous proposal to the City, the price of the proposal, and other factors considered. B. Proposals will be evaluated based on the evaluation factors and standards set forth herein. The City reserves the right to reject all proposals and waive technical errors as set forth herein. C. In the event of a court challenge to an award by any Offeror, damages, if any, resulting from an award shall be limited to actual bid or proposal preparation costs incurred by the challenging Offeror. D. In no case will the award be made until all necessary investigations have been made into the Offeror's responsibility and the City is satisfied that the most qualified, responsive, responsible Offeror is qualified to do the work and has the necessary organization, licenses, permits, capital, and equipment to carry out the required work within the time specified. 1.35 SIGNING OF CONTRACT: An Award Letter will be presented to the Consultant. Within ten (10) calendar days after the award letter is issued, the Consultant should sign and deliver the Contract to the city with the required bonds (if applicable) and insurance certificates. After receiving and approving such documents, the Contract would be executed within thirty (30) calendar days. The City intends to deliver a fully signed and executed Contract to the Consultant. At times, a purchase order will be issued in lieu of a contract agreement. THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY 428 City of Boynton Beach Procurement Division RFQ 25-018Q – CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT 21 CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT RFQ No. 25-018Q SECTION II – SCOPE OF WORK (SERVICES) – PROJECT AGREEMENT The City of Boynton Beach seeks to engage qualified engineering-led teams to submit qualifications for investigation, evaluation, design, and construction administration services. The Engineering Services required will consist of the environmental review, design, permitting, bidding, and construction phase services as a Consultant to the City of Boynton Beach. This project will be procured in accordance with 287.055 CCNA guidelines. 2.1 BACKGROUND Historically Chapel Hill has experienced street flooding during heavy rains and storms as the existing drainage system does not have enough capacity to drain stormwater runoff from these events. The City of Boynton Beach experienced above-normal rainfall during the months of September and October 2020 creating above-average soil saturation and elevated groundwater level conditions. From September 25th to October 24th, 2020, approximately 25 inches of rainfall occurred which resulted in flooding above what normally would be expected during similar rainfall events under average ground saturation levels. This level of inundation corresponds to the 25-year- 30-day storm event NOAA Atlas14. The event concluded with 4.57 inches over a 7.5-hour duration on October 24th, 2020. The neighborhood is located at a lower elevation between the I-95 and South Seacrest Blvd. creating a major flood issue for this community collecting all the upstream water without a proper drainage system to discharge to. The City of Boynton Beach 2020 Flood Mitigation Plan (FMP) Update was approved on October 6, 2020, by the City Commission (see attached Resolution R20-111) identifying areas prone to flooding. A stakeholder committee was created to lead the FMP process, and there were two public meetings during the FMP to request public input, January 21, 2019, and September 16, 2020 (refer to attached meeting advertisements). Chapel Hill neighborhood was identified in the FMP and the map depicting areas prone to flooding. This project would reduce flood depths and enhance the Level of Service (LOS) contributing to the resident's improved quality of life, preservation of roadways and green areas, and protection of life, health, safety, and property. 2.2 SCOPE OF SERVICES / GOAL The City of Boynton Beach is seeking the services of a qualified consulting engineering team to assist with the design of a new stormwater system for a neighborhood improvement project, and to improve the level of service (LOS) within the Chapel Hill area. The new stormwater system will consist of the installation of conveyance pipe through the area, directing runoff to a new stormwater pump station and consequently discharging to the E-4 Canal. The areas where is not feasible to have conveyance pipes, exfiltration trenches may be installed to alleviate flooding. The project will also have roadway restoration, trench restoration, sidewalks restoration, driveways restoration, and swale restoration within the right-of-way. In late 2020, significant consecutive rainfall events resulted in flooding throughout the City of Boynton Beach (the City). The City experienced above-normal rainfall during the months of September 2020 and October 2020 creating an above-average soil saturation and elevated groundwater level conditions. From September 25th to October 24th, 2020, approximately 24.76 429 City of Boynton Beach Procurement Division RFQ 25-018Q – CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT 22 inches of rainfall occurred that resulted in flooding above what normally would be expected during a similar rainfall event under average ground saturation levels. This level of inundation corresponds to the NOAA Atlas14 25-year/30-day storm event. The event concluded with 4.57 inches over a 7.5-hour duration on October 24th, 2020. The design firm shall identify grant opportunities that are applicable to the project. The design firm shall also assist with the grant application and preparing information that may be required to apply for the grant. Assist with the preparation of monthly and quarterly reports to the grantor under the City of Boynton Beach supervision, to be submitted to the grantor by the City of Boynton Beach. The design firm will also assist the City with any work related to the grant closeout. The City is seeking the services of a qualified consulting team to design a new stormwater system to improve stormwater management in the Chapel Hill area. The scope of services shall include the following: • Design of a new stormwater pump station. • Design of a new conveyance stormwater pipe system and exfiltration trench. • Design and upgrade of existing outfalls. • Design of a new outfall. • H&H model of the project area for the proposed improvements. • Benefit-cost analysis per Grantor requirements, if applicable • Identify grant opportunities, and assist with grant application, grant reporting, and grant closeout. • Engineering design 30%, 60%, 90% and 100% design package. • Technical specifications. • Permitting assistance. • Bidding assistance. • Survey services. • Geotechnical services. • Attend pre-construction meetings, kick-off meetings, and construction progress meetings. • Construction administration services and inspections. • Respond to RFI’s and shop drawings review. • Public outreach management, including customer complaints and resolutions. • Develop a communication plan to ensure effective information flow among all stakeholders. • EOR certification of the construction project, permits close-out, final review of as-built drawings, and project close-out. 2.3 PROJECT SCHEDULE/TIMELINE The project shall commence on the date within five (5) days of the Design Firm’s receipt of the Owner’s “Notice to Proceed” unless the parties mutually agree otherwise in writing. 2.4 SERVICES TO BE PERFORMED: A Task Order, Purchase Order, and a detailed statement of work and project schedule shall be issued by the City. A firm fixed price will be based on the price proposal included in the contract at the time of contract execution. Payment in all cases will be subject to the completion of designated project milestones, the successful completion of tasks, and the City's acceptance of deliverables. No work is authorized until such time as an executed Contract is fully executed by all Parties and the issuance of a Purchase Order. Any work provided under a revision, amendment, or change order to the purchase order is not authorized until the amendment is fully executed by all Parties. Throughout the project duration, the City’s Project Manager will conduct performance evaluations that will be documented and shared with the chosen Engineering firm. The City will keep a record of the project performance of this firm, which will play a significant role in the consideration for future contracts. 430 City of Boynton Beach Procurement Division RFQ 25-018Q – CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT 23 2.5 EXISTING CONDITIONS The Consultant/Vendor(s) shall be responsible for verification of existing conditions, including research of all existing City records and other information. 2.6 BUDGET FOR PROJECT: The City of Boynton Beach’s budget for this project is $800,000 for the design phase and $7.5 million for the Construction phase of the project. 2.7 AWARD of RFQ/SELECTION PROCESS: Selection of the Consultant/Vendor(s) shall be a qualification-based selection in accordance with Florida Statutes §287.055, “Consultants Competitive Negotiation Act”. The scoring criteria included in SECTION IV herein will be used in the evaluation and ranking of the Proposal based on the response within this RFQ by the Evaluation/Selection Committee. 2.8 RESPONSIBILITIES OF CONSULTANT: The Engineering/Design Team shall be responsible for verification of existing conditions, including research of all existing CITY records and other information. The Engineering Team shall have the responsibility of maintaining regular communication with City’s Project Manager to keep him fully appraised of Project developments, for correspondence, assigned tasks, and other matters that transpire on the site. These may include but are not limited to: Contracts, Contract Exhibits, Contract Amendments, Drawing Issuances, Addenda, Bulletins, Permits, Insurance & Bonds, Safety Program Procedures, Safety Notices, Accident Reports, Personnel Injury Reports, Schedules, Site Logistics, Progress Reports, Daily Logs, Non- Conformance Notices, Quality Control Notices, Punch Lists, Meeting Minutes, Requests for Information, Submittal Packages, Substitution Requests, Monthly Payment Request Applications, Supplemental Instructions, Change Order Requests, Change Orders, and the like. All supporting data, including but not limited to shop drawings, product data sheets, manufacturer data sheets and instructions, method statements, safety MSDS sheets, Substitution Requests, and the like, will be submitted in digital format. 2.9 PROHIBITION AGAINST CONTINGENT FEES In accordance with Florida Statute 287.055(5) “Competitive Negotiation”: A. The City’s Administrative Staff shall negotiate a contract with the most qualified firm for professional services at compensation which the agency determines is fair, competitive, and reasonable. In making such a determination, the City’s Administrative Staff shall conduct a detailed analysis of the cost of the professional services required in addition to considering their scope and complexity. For any lump-sum or cost-plus-a- fixed-fee professional service contract over $195,000 (the threshold amount provided in s. 287.017 for CATEGORY FOUR), the City shall require the firm receiving the award to execute a truth-in-negotiation certificate stating that wage rates and other factual unit costs supporting the compensation are accurate, complete, and current at the time of contracting. Any professional service contract under which such a certificate is required must contain a provision that the original contract price and any additions thereto will be adjusted to exclude any significant sums by which the City determines the contract price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such contract adjustments must be made within 1 year following the end of the contract. B. Should the City’s Administrative Staff be unable to negotiate a satisfactory contract with the firm considered to be the most qualified at a price the City’s Administrative Staff determines to be fair, competitive, and reasonable, negotiations with that firm must be formally terminated. The City’s Administrative Staff shall then undertake negotiations with the second most qualified firm. Failing accord with the second most qualified firm, the City’s Administrative Staff must terminate negotiations. The City’s Administrative Staff shall then undertake negotiations with the third most qualified firm. 431 City of Boynton Beach Procurement Division RFQ 25-018Q – CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT 24 C. Should the City’s Administrative Staff be unable to negotiate a satisfactory contract with any of the selected firms, the City’s Administrative Staff shall select additional firms in the order of their competence and qualification and continue negotiations in accordance with this subsection until an agreement is reached. 2.9 GENERAL The Consultant(s) shall furnish all tools, materials, equipment, sub-consultants, labor, supervision, etc., as necessary for the Offeror to maintain and complete the assigned as outlined in the agreed- upon scope of work/services provided within this Request for Proposals. All mileage and travel time to and from the job site is not reimbursable. The City reserves the right to negotiate the contract's final terms, conditions, and pricing structure as may be in the City's best interest. 2.10 TIME SCHEDULE AND TIME FRAMES Schedules shall be included in detailed work orders issued under the Contract and shall be based on the number of continuous calendar days following the work order execution date to complete specific tasks of the project. If the City reviews and comments are necessary to proceed with a task, then a specified City review time shall be included in the schedule. THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY 432 City of Boynton Beach Procurement Division RFQ 25-018Q – CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT 25 CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT RFQ No. 25-018Q SECTION III – SUBMISSION OF QUALIFICATION PACKAGE 3.1 GENERAL REQUIREMENTS The Technical Proposal aims to demonstrate the qualifications, competence, and capacity of the Firms seeking to undertake the requirements of this REQUEST FOR QUALIFICATIONS (RFQ). As such, the substance of the Firms Qualification Package will carry more weight than its length, form, or manner of presentation. The Technical Proposal should demonstrate the qualifications of the Offeror and the particular staff to be assigned to his engagement. It should also specify an approach that will meet or exceed the RFQ requirements. The selected Consultant(s) shall provide sufficient organization, personnel, and management to carry out the requirements of this RFQ expeditiously and economically, consistent with the city's needs. Additionally, the consultant will be required to demonstrate recent experience successfully completing services similar to those specified in this RFQ. 3.2 CERTIFICATION AND LICENSES Offerors must include copies of all applicable certificates and licensing, or business permits related to the Work specified herein with their proposals. 3.3 DETAILED QUALIFICATION PACKAGE Prospective Offerors interested in responding to this solicitation are requested to provide all of the information listed in this section. Submittals that do not respond completely to all of the requirements specified herein may be considered non-responsive and eliminated from the process. Brevity and clarity are encouraged. Each of the TEN (10) sections listed below shall be completed online through the e-procurement system and uploaded into DOCUMENT 1. THE QUALIFICATION PACKAGE IS TO BE COMPLETED ONLINE A. Letter of Interest The Letter of Interest shall summarize the Offeror’s primary qualifications and a firm commitment to provide the proposed services. The Letter of Interest shall be signed by the Offeror or person authorized to bind the Offeror to the submitted RFQ. B. Standard Form 330 (Parts I and II) – Firms Qualifications The Standard Form 330 Architect/Engineer Qualifications for previous projects must be included as part of the RFQ response. Firms shall complete both Part I and II of the Standard Form 330 for projects completed within the past ten (10) years so that the City can obtain adequate information for this RFQ. C. Certified Minority Business Enterprise Please identify if you are a Certified Minority Business Enterprise as defined by the Florida Small and Minority Business Assistance Act. The Prime Consultant will receive 10 points meeting this definition, or any sub-consultants will receive 5 points utilizing the weights described in SECTION IV – EVALUATION OF QUALIFICATION PACKAGE if this requirement is met. 433 City of Boynton Beach Procurement Division RFQ 25-018Q – CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT 26 Note: Pursuant to the Consultants’ Competitive Negotiation Act (“CCNA”), a certified minority business enterprise is defined in accordance with the Florida Small and Minority Business Assistance Act. Pursuant to the Florida Small and Minority Business Assistance Act, a certified minority business enterprise is an entity that has been certified by the Florida Department of Management Services, Office of Supplier Diversity (“OSD”). If you are a Certified Minority Business Enterprise, please provide proof of your certification by the Florida Department of Management Services, Office of Supplier Diversity (“OSD”) D. Offeror’s Qualifications a. Proof of authorization (SUNBIZ) from the Florida Secretary of State to transact business in the State from prime and supporting firms. b. Provide a narrative statement demonstrating an understanding of the overall intent of this solicitation, as well as the methods used to complete assigned tasks. c. Please clearly describe all aspects of the project proposed. d. Include details of your approach and work plans. e. Identify any issues or concerns of significance that may be appropriate. f. Identify any sub-consultants you propose to utilize to supplement your Firm’s staff. g. If the Principal Place of Business is different from the location specified in the Offeror’s Qualification Statement, then the Offeror shall specify the office location where each project will be managed and produced. E. Willingness to meet budget and timeline requirements: Please advise if your firm is willing to meet the following time and budget requirements. a. Budget: The Budget for this project is as follows: i $800,000 – Design Phase ii $7,500,000 – Construction Phase b. Funding Sources: i $8,200,000 - Utilities CIP Fund Please note that during this portion of the process, the City is NOT asking for the firms to submit pricing. After the evaluation committee has selected the firms in order of preference, the City shall negotiate a contract with the most qualified firm for professional services at compensation, which the agency determines is fair, competitive, and reasonable. Should the agency be unable to negotiate a satisfactory contract with the firm considered to be the most qualified at a price the agency determines to be fair, competitive, and reasonable, negotiations with that firm must be formally terminated. The agency shall then undertake negotiations with the next most qualified firm. F. Location: Please provide the address and the primary location on where work will be performed by your firm for this project. If services will be performed by different offices (such as a joint venture) provide a location for each firm. G. Financial Information: a. Financial Stability: The Firm shall demonstrate financial stability. Firm shall provide a statement of its financial stability, including information as to current or prior bankruptcy proceedings. Qualification Packages shall include a copy of the most recent annual financial report/annual audit/10K and the most recent 10Q, if appropriate. Financial reports provided shall include, at a minimum, a balance sheet, an income statement, and a statement of cash flows. b. Financial Statement: The Firm shall include a copy of its latest audited financial statements. If the Firm is a corporation, it shall submit a copy of the corporation's latest audited financial statements. In the event the Firm does not have audited financial statements, it may substitute non-audited financial statements and complete federal tax returns for the last two (2) years. 434 City of Boynton Beach Procurement Division RFQ 25-018Q – CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT 27 H. Current and Projected Workload of the Offeror (by office local, if applicable) a. Provide quantitative data that clearly indicates the ability of the Offeror to devote the necessary time and resources to successfully complete the service and projects promptly. Current and projected workload data shall be provided for each key project member as follows: i Current project work listing and remaining labor commitments. ii Historically, describe the typical number of projects handled by the Offeror’s key project managers at any given time. iii Projected workload of project management activities as defined in the scope of services. iv Identify any sub-consultant firms providing significant services that may be assigned more than five (5%) of the work. I. References – Past Performance Provide at least three (3) reference projects of a similar size, scope, and complexity that have been completed by your firm within the last five (5) years, which demonstrate the experience of the firm and the key members that will be assigned to provide the services as required by this Project. A project “similar in scope” is defined as a project that includes some or all of the following components: design of a new stormwater conveyance system, stormwater pump station, force mains, road restoration, and other related restoration work. A project “similar in size” is defined as a project completed under the Design-Bid-Build method, which was at least $5,000,000 in cost (design and construction). For each reference project, provide the following information: a. Client Name/Owner’s Representative name, address, phone number, and email address. b. Name and location of the project. Description of the Scope of Work. c. Role your company provided. d. Date project was completed or is anticipated to be completed. e. Saving is achieved through value engineering or other innovative design approaches. f. The total amount of approved Change Orders. g. Present status of the project. h. Total Project Cost. The City is interested in learning about other firms’ or government agencies’ experiences with your firm; as such, please do not list the City of Boynton as a reference. Contact persons must be informed that they are being used as a reference and that the City or their designee will be contacting them for information. Selection Committee Members or designee will email or call each reference up to three (3) times. If there is no answer after the third attempt, the City may apply no points for that project experience. J. Submittal of General Information and Procurement Forms and Documents Procurement forms must be completed, signed, and notarized when required and submitted. In addition, all other requests and supporting documentation should be included. See SECTION I – INSTRUCTIONS TO OFFERORS -1.11 RFQ FORMS. 435 City of Boynton Beach Procurement Division RFQ 25-018Q – CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT 28 CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT RFQ No. 25-018Q SECTION IV – EVALUATION OF QUALIFICATION PACKAGE 4.1 EVALUATION METHOD AND CRITERIA A preliminary evaluation of each Proposal will be conducted by the City’s Purchasing Division through the City’s electronic e-procurement bidding system Boynton-beach.bidsandtenders.net. This evaluation determines if the Proposal is responsive to the submission requirements as outlined in this solicitation based on the information provided about your firm. A responsive Proposal follows the solicitation requirements, includes all documentation, is submitted in the format outlined in this solicitation, is of timely submission, and has the appropriate signatures as required on each document. Failure to comply with these requirements may result in the Proposal being deemed non-responsive. The City will assemble an Evaluation Committee or (EC), comprised of City staff and, if applicable, outside consultant(s). The Evaluation Committee may utilize the City’s e-procurement system to electronically evaluate all submittals based on the information provided and criteria as set forth in this solicitation. The City’s Evaluation Committee will act in what they consider to be the best interest of the City and its residents. Price shall not be the sole determining factor for selection. The selection of the most qualified Respondent(s) will be based on their responsibility and responsiveness, meaning the firm must submit a proposal that fully conforms to the material requirements outlined in this RFQ. The weighted criteria provided below are intended to guide the Offeror in prioritizing their time and efforts during the submission process. These criteria serve as the evaluation framework used by the Evaluation Committee during both the scoring and, if applicable, the shortlisting process. The City shall evaluate professional services, including capabilities, adequacy of personnel, past record, experience, whether the firm is a certified minority business enterprise as defined by the Florida Small and Minority Business Assistance Act, and other factors determined by the City be applicable to its particular requirements. # Evaluation Criteria Point Rating Range Weight N/A Compliance with Request for Qualification Requirements (Responsiveness) (Mandatory) 1 Adequacy of Personal -Firms Qualifications, Qualifications of Project Manager Team/Individual (key contract members), and Availability of Specialty Resources 0 – 10 30% 2 Experience - Approach, Demonstrated Skill Set, and Innovative Ideas to Address the Scope of Work 0 – 10 30% 3 Past Record - References of Past Performance 0 – 10 10% 4 Overall Competency – Willingness to meet time and budget, current and projected workloads, and location 0 – 10 25% 5 Certified Minority Business Enterprise (Prime 10 points or Subs -5 points of the 5%) MUST ATTACH CERTIFICATE 0 or 10 5% TOTAL POINTS 0 – 50 100% 6* Local Boynton Beach Business Preference 0 or 10 5% 7* Interviews and Presentations 0 – 10 25% 436 City of Boynton Beach Procurement Division RFQ 25-018Q – CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT 29 *Criteria 6 & 7 will be reviewed separately from the standard evaluation process, if applicable, allowing the Offeror the opportunity to earn additional points 4.2 QUALITATIVE GUIDELINES FOR ASSIGNING AWARD POINTS TO EVALUATION CRITERIA: Each Evaluation Committee Member shall award a rating of 1 to 10 for each category based upon each member’s assessment of the Offeror’s response to the criteria. The following qualitative guidelines: • 10 – Outstanding Response: Highly comprehensive, excellent reply that meets all the requirements of the areas within that category. In addition, the response covers areas not originally addressed within the RFQ category and includes additional information and recommendations that would prove both valuable and beneficial to the agency. This response is considered to be an excellent standard, demonstrating the Offeror's authoritative knowledge and understanding of the project. • 9-8 Excellent Response: Provides useful information, while showing experience and knowledge within the category. The proposal is well thought out and addresses all requirements set forth in the RFQ. The Offeror provides insight into experience, knowledge, and understanding of the subject. • 7-6 Good Response: Meets all the requirements and has demonstrated in a clear and concise manner a thorough knowledge and understanding of the subject matter. This response demonstrates an above-average performance with no apparent deficiencies. • 5-4 Fair Response: Meets the requirements in an adequate manner. This response demonstrates an ability to comply with guidelines, parameters, and requirements with no additional information put forth. • 3-1 Inadequate Response: Minimally meets the requirements for the Evaluation Criteria as set forth in the • 0-Failed Response/ No Response (no points awarded): Does not meet the requirements for the Evaluation Criteria set forth in the RFQ. 4.3 CITY’S RIGHT TO USE BEST-VALUE RANKING: The Evaluation Committee also retains the discretion to employ a ranking system as an alternative to the weighted criteria. Upon request, the committee may rank the responses from 1st place, 2nd place 3rd place etc., based on the total number of submissions under review. 4.4 ADDITIONAL CLARIFICATION: The Evaluation Committee also retains the discretion to request additional information from any firms who submit proposal packages during the evaluation process. Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals, and such revisions may be permitted after submissions. 4.5 SELECTION PROCESS: A. An Evaluation Committee consisting of the City’s staff members, and may include outside consultants as deemed necessary, will review each written submission to ascertain whether the provider is qualified to render the required services according to State regulations and the requirements of this RFQ. B. This weighted criterion is the evaluation framework the EC uses during the shortlist and scoring process. 437 City of Boynton Beach Procurement Division RFQ 25-018Q – CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT 30 C. The Evaluation Committee review of proposals meeting will be scheduled and publicly noticed and is open to anyone who wants to attend. All EC member's scores may be electronically opened and read aloud for discussion among the Evaluation Committee members. D. The Evaluation Committee may, at its sole discretion, request discussions or interviews or require presentations, additional information, or clarification of any information submitted by Respondent(s). E. The Evaluation Committee may establish equal time limits for all firms as necessary to facilitate its evaluation. If conducted and after the completion of the discussions, interviews, or presentations, the Committee will utilize the presentation points outlined above. F. After the final ranking is completed, the Evaluation Committee will make a motion for a recommendation for an award, which will be submitted to the City Commission for approval. G. After approval by the City Commission, the City Representative authorized to execute contracts will execute an Agreement(s) based on the attached draft contract developed from this Request for Qualifications (RFQ). H. The City reserves the right to include additional provisions if the inclusion is in the City's best interest, as determined solely by the City. I. The Selection of Architects and Engineers statute requires the public announcement of requirements for A-E-S services and the selection of at least three (3) of the most highly qualified firms based on demonstrated competence and professional qualifications according to specific criteria published in the announcement. The Act then requires negotiating a contract at a fair and reasonable price, starting first with the most highly qualified firm. J. CONTACT WITH ANY PERSONNEL OF THE CITY OF BOYNTON BEACH OTHER THAN THE PROCUREMENT REPRESENTATIVE DURING THE SOLICITATION, EVALUATION, AND AWARD PROCESS REGARDING THEIR REQUEST FOR PROPOSALS MAY BE GROUNDS FOR ELIMINATION FROM THE SELECTION PROCESS. THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY 438 City of Boynton Beach Procurement Division RFQ 25-018Q – CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT 31 CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT RFQ No. 25-018Q SECTION V – STANDARD GENERAL TERMS AND PROVISIONS Unless otherwise agreed to by the City of Boynton Beach (“City”), the following Standard Terms and Conditions are applicable to this solicitation and the resulting agreement/contract. The term “vendor,” as used below, may collectively apply to vendors, bidders, Offerors, consultants, contractors, subcontractors, and sub-consultants. 5.1 FAMILIARITY AND COMPLIANCE WITH LAWS, CODES AND REGULATIONS: Before submitting a proposal to this RFQ, Offerors shall comply with all federal, state, and local laws, ordinances, and regulations applicable to the services contemplated herein, including those applicable to conflict of interest and collusion. Offerors must familiarize themselves with all federal, state, and local laws, ordinances, codes, and regulations that may in any way affect the goods/services offered and any other applicable federal requirements now in effect or imposed in the future. Lack of knowledge by the Offeror shall not be a cause for relief from responsibility. 5.2 NON-COLLUSION Offeror shall not collude, conspire, connive, or agree, directly or indirectly, with any other Offeror, firm, or person to submit a collusive or sham response in connection with the work for which the response has been submitted; or to refrain from responding in connection with such work or have in any manner, directly or indirectly, sought by person to fix the price or prices in the proposal submission form or of any other Offeror, or to fix any overhead profit, or cost elements of the proposal price or the bid price of any other responder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against any other Offeror, or any person interested in the proposed work. The Offeror certifies there has been no collusion with any other firm or employees from any other firm who will be submitting a proposal on the same project. 5.3 LEGAL CONDITIONS Offerors are notified to familiarize themselves with the provisions of the law of the State of Florida relating to the hours of labor on municipal work and with the provisions of the laws of the State of Florida and the Charter and the ordinances of the City of Boynton Beach. 5.4 CONFLICT OF INTEREST The award is subject to all conflict-of-interest provisions of the City of Boynton Beach, Palm Beach County, of the State of Florida. 5.5 ADDITIONAL HOURS QUANTITIES The City reserves the right to acquire additional hours or quantities of the requested proposal services at the prices bid/proposal in this solicitation. If additional quantities are not acceptable, the bid sheets must be noted: “PROPOSAL IS FOR SPECIFIED QUANTITY ONLY”. 5.6 DISPUTES In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the City Manager shall be final and binding on both parties. 5.7 LEGAL REQUIREMENTS: Federal, State, County, and City laws, ordinances, rules, and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the Offeror will in no way be a cause for relief from responsibility. 5.8 ON PUBLIC ENTITY CRIMES All Request for Proposals, Request for Qualifications, Invitations to Bid as defined by Section 287.012(11), Florida Statutes, requests for proposals as defined by Section 287.012(16), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes, which reads as follows: “A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract or provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, vendor, 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”. 5.9 FEDERAL AND STATE TAX: The City of Boynton Beach is exempt from Federal and state taxes. 5.10 PURCHASE ORDER REQUIRED: The City will not accept any goods delivered or services performed unless a duly authorized purchase order has been issued for said goods and/or services. The purchase order number must appear on all invoices, packing slips, and all correspondence concerning the order. 5.11 COMPLIANCE WITH OCCUPATIONAL SAFETY 439 City of Boynton Beach Procurement Division RFQ 25-018Q – CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT 32 AND HEALTH: The Offeror certifies that all material, equipment, etc., contained in this bid meets all O.S.H.A. requirements. Offeror further certifies that if awarded as the Consultant, and the material equipment, etc. delivered is subsequently found to be deficient in any O.S.H.A. requirement in effect on the date of delivery, all costs necessary to bring the materials, equipment, etc., into compliance with the aforementioned requirements shall be borne by the Offeror. Offeror certifies that all employees, subcontractors, agents, etc. shall comply with all O.S.H.A. and State safety regulations and requirements. 5.12 PALM BEACH COUNTY INSPECTOR GENERAL: The Offeror and, if awarded Consultant, is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of any agreement/contracts resulting from this solicitation and, in furtherance thereof, may demand and obtain records and testimony from the Consultant and its sub-consultant and lower-tier sub- consultants. The Consultant understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Consultant or its sub-consultants or lower-tier sub-consultants to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this agreement/contract justifying its termination. 5.13 OTHER AGENCIES All Consultant(s) awarded contracts resulting from this RFQ and from this submitted proposal may, upon mutual agreement, permit any municipality or other governmental agency to participate in the contract under the same prices, terms, and conditions if agreed to by both parties. It is understood that at no time will any city, county, municipality, or other agency be obligated to place an order for any other city, county, municipality, or agency, nor will any city, county municipality, or agency be obligated for any bills incurred by any other city, county, municipality, or agency. Further, it is understood that each agency will issue its own purchase order or contract to the awarded Offeror(s). 5.14 VENUE AND GOVERNING LAW: Any and all legal actions arising from or necessary to enforce this solicitation and resulting agreement/contract will be held in Palm Beach County and shall be interpreted according to the laws of Florida. 5.15 NON-DISCRIMINATION & EQUAL OPPORTUNITY EMPLOYMENT A. The City is committed to assuring equal opportunity in awarding orders/contracts and complies with all laws prohibiting discrimination. B. During the performance of the Contract, the Consultant and its sub-consultants shall not discriminate against any employee or applicant for employment because of race, color, sex, including pregnancy, religion, age, national origin, ancestry, marital status, political affiliation, familial status, sexual orientation, gender identity, expression, or disability if qualified. C. The Consultant will take affirmative action to ensure that employees and those of its sub-consultants are treated during employment, without regard to their race, color, sex, including pregnancy, religion, age, national origin, ancestry, marital status, political affiliation, familial status, sexual orientation, gender identity, expression, or disability if qualified. D. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. E. The Consultant and its sub-consultants shall agree to post in conspicuous places, available to its employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. F. The Consultant further agrees that they will ensure that all sub-consultants, if any, will be made aware of and will comply with this nondiscrimination clause. G. The Consultant understands and agrees that a material violation of this section shall be considered a material breach of this solicitation and the resulting agreement/contract and may result in termination of the agreement/contract, disqualification, or debarment of the company from participating in City contracts, or other sanctions. 5.16 INDEPENDENT CONSULTANT RELATIONSHIP: The Offeror and, if awarded Consultant, is, and shall be, in the performance of all work, services, and activities under this solicitation and the resulting agreement/contract, an independent Consultant and not an employee, agent, or servant of the City. All persons engaged in any of the work or services performed pursuant to the agreement/contract shall, at all times and in all places, be subject to the Consultant's sole direction, supervision, and control. The Consultant shall exercise control over the means and manner in which it and its employees perform the work, and in all respects, the Consultant's relationship, and the relationship of its employees, to the City shall be that of an independent Consultant and not as employees or agents of the City. 5.17 OMISSION OF DETAILS Omission of any essential details from the terms or specifications contained herein will not relieve the 440 City of Boynton Beach Procurement Division RFQ 25-018Q – CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT 33 responding Firm of supplying such product(s) or service as specified. 5.18 LOBBYING - CONE OF SILENCE: Consistent with the requirements of Chapter 2, Article VIII, Lobbyist Registration, of the Palm Beach County Code of Ordinances, Boynton Beach imposes a Cone of Silence. A cone of silence shall be imposed upon each competitive solicitation as of the deadline to submit the proposal, bid, or other response and shall remain in effect until City Commission awards or approves a contract rejects all bids or responses or otherwise takes action that ends the solicitation process. While the cone of silence is in effect, no Offeror or its agent shall directly or indirectly communicate with any member of City Commission or their staff, the Manager, any employee of Boynton Beach authorized to act on behalf of Boynton Beach in relation to the award of a particular contract or member of the Selection Committee in reference to the solicitation, with the exception of the Purchasing Manager or designee. (Section 2-355 of the Palm Beach County Code of Ordinances.) Failure to abide by this provision may serve as grounds for disqualification for the award of contract to the Offeror. Further, any contract entered into in violation of the cone of silence shall render the transaction voidable. The cone of silence shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before Selection Committees, contract negotiations during any public meeting, presentations made to the City Commission, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence with Boynton Beach as may be permitted by the competitive solicitation. Additionally, the cone of silence shall not apply to any purchases made in an amount less than the competitive solicitation threshold set forth in the Purchasing Manual. 5.19 LEGAL EXPENSES: The City shall not be liable to a Offeror for any legal fees, court costs, or other legal expenses arising from the interpretation or enforcement of the agreement/contract or from any other matter generated by or relating to the agreement/contract. 5.20 NO THIRD-PARTY BENEFICIARIES: No provision of this RFQ or agreement/contract to follow with Consultant is intended to, or shall be construed to, create any third-party beneficiary or to provide any rights to any person or entity not a party to the agreement/contract, including but not limited to any citizen or employees of the City and/or Offeror. 5.21 DIRECT OWNER PURCHASES: The City reserves the right to issue purchase orders for materials to either the Contractor/Consultant/Vendor or the City’s suppliers for contracts/construction/public works- related materials when deemed in the City's best interest. 5.22 SCRUTINIZED COMPANIES: By submission of a proposal for this solicitation, CONSULTANT, its principals or owners, certify that they are not listed on the Scrutinized Companies that Boycott Israel List, Scrutinized Companies with Activities in Sudan List, Scrutinized Companies with Activities in the Iran Terrorism Energy Sector List, or is engaged in business operations with Syria. In accordance with Section 287.135, Florida Statutes, as amended, a company is ineligible to, and may not, bid on, submit a bid for, or enter into or renew a contract with any agency or local governmental entity for goods or services of: Any amount of, at the time bidding on, submitting a bid for, or entering into or renewing such Contract, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel; or One million dollars or more if, at the time of bidding on, submitting a bid for, or entering into or renewing such Contract, the company: Is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Energy Sector List, created pursuant to Section 215.473, Florida Statutes, or is engaged in business operations in Syria. 5.23 DISCRIMINATORY VENDOR LIST An entity or affiliate who has been placed on the discriminatory vendor list may not: obtain an agreement/contract to provide goods or services to a public entity; construct or repair of a public building or public work; lease real property to a public entity; award or perform work as a vendor, supplier, or vendor under agreement/contract with any public entity; nor transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at (850) 487- 0915. 5.24 NON-EXCLUSIVE As may be applicable, the City reserves the right to acquire some or all of these goods and services through a State of Florida agreement/contract under the provisions of Section 287.042, Florida Statutes, provided the State of Florida agreement/contract offers a lower price for the same goods and services. This reservation applies both to the initial award of this solicitation and to acquisition after an agreement/contract may be awarded. Additionally, the City reserves the right to award other agreement/contracts for goods and services falling within the scope of this solicitation and resultant agreement/contract when the specifications differ from this solicitation or resultant agreement/contract, or for goods and services specified in this solicitation when the scope substantially differs from this solicitation or resultant agreement/contract. 441 City of Boynton Beach Procurement Division RFQ 25-018Q – CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT 34 5.25 BUSINESS INFORMATION If a proposing firm is a Joint Venture for the goods/services described herein, the Offeror shall, upon request of the City, provide a copy of the Joint Venture Agreement signed by all parties. 5.26 AGREEMENT/CONTRACT Offeror agrees that by submitting a proposal that is accepted by the City of Boynton Beach, a binding agreement/contract is formed in accordance with the City's terms, conditions, and specifications as set forth in the purchase order unless otherwise agreed by the City and the Offeror. The Offeror certifies that the proposal has been made by an officer or employee having the authority to bind the Offeror. 5.27 ENDORSEMENTS No endorsements by the City of the goods and/or services will be used by the Offeror in any way, manner, or form. 5.28 DRUG-FREE WORKPLACE The Consultant shall implement and maintain a drug-free workplace program of at least the following items: A. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. B. Inform employees about the dangers of drug abuse in the workplace, the Offeror's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. C. Give each employee engaged in providing the services that are under agreement/contract a copy of the statement specified in Item A above. D. In the statement specified in Item A above, notify the employees that, as a condition of providing the services that are under agreement/contract, the employee will abide by the terms of the statement and will notify the Offeror of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893, Florida Statutes, or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) calendar days after such conviction or plea. E. Impose a sanction on or require satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, for any employee who is so convicted or so pleads. F. Make a good faith effort to continue to maintain a drug-free workplace through the implementation of Section 287.087, Florida Statutes 5.29 PROHIBITED TELECOMMUNICATIONS EQUIPMENT Offeror represents and certifies that Offeror and all Sub-consultants 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. Offeror represents and certifies that Offeror and all Sub-consultants shall not provide or use such covered telecommunications equipment, system, or services during the Term. 5.30 PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL, OR IDEOLOGICAL INTERESTS IN GOVERNMENT CONTRACTING Offerors are hereby notified of the provisions of section 287.05701, Florida Statutes, as amended, that the City will not request documentation of or consider a Offeror's social, political, or ideological interests when determining if the Offeror is a responsible Consultant. Offerors are further notified that the City's governing body may not give preference to a Offeror based on the Offeror's social, political, or ideological interests. 5.31 RIGHTS IN DATA Except if otherwise agreed to in writing, the City shall have exclusive ownership of, all proprietary interest in, and the right to full and exclusive possession of all information, materials, and documents discovered or produced by Offeror pursuant to the terms of this solicitation, including but not limited to reports, memoranda or letters concerning the research and reporting tasks required. 5.32 DOCUMENTATION OF COSTS All costs submitted shall be supported by properly executed payrolls, time records, invoices, vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the resulting contract/agreement shall be clearly identified and regularly accessible and provided to the City upon request. 5.33 PUBLIC RECORDS Sealed documents received by the City in response to a Request for Proposals, Request for Qualifications, or Invitation to Bid are exempt from public records disclosure until thirty (30) calendar days after the opening of the RFQ, RFP, or BID unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The Consultant agrees that copies of any and all property, work product, documentation, reports, computer systems and software, schedules, graphs, outlines, books, manuals, logs, files, deliverables, photographs, videos, tape recordings, or data relating to the agreement/contract which have been created as a part of the vendor's services or authorized by the City as a reimbursable 442 City of Boynton Beach Procurement Division RFQ 25-018Q – CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT 35 expense, whether generated directly by the Consultant, or by or in conjunction or consultation with any other party whether or not a party to the agreement/contract, whether or not in privity of contract with the City or the Consultant, and wherever located shall be the property of the City. Any material submitted in response to this solicitation is considered a public document in accordance with Section 119.07, F.S. All submitted information that the responding Offeror believes to be confidential and exempt from disclosure (i.e., a trade secret or as provided for in Section 119.07 and Section 812.081, F.S.) must be specifically identified as such. Upon receipt of a public records request for such information, a determination will be made as to whether the identified information is, in fact, confidential. The City is a public agency subject to Chapter 119, Florida Statutes. The Consultant shall comply with Florida’s Public Records Law. Specifically, the Consultant shall: A. Keep and maintain public records required by the City to perform the service. B. Upon request from the City’s custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Fla. Stat. or as otherwise provided by law. C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Consultant shall destroy all copies of such confidential and exempt records remaining in its possession once the Consultant transfers the records in its possession to the City; and D. Upon completion of the contract, Consultant shall transfer to the City, at no cost to the City, all public records in Consultant’s possession. All records stored electronically by Consultant 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. Failure of the Consultant to comply with the requirements of this Section, and other applicable requirements of state or federal law, shall be a material breach of the resulting agreement/contract. The City shall have the right to exercise all remedies available to it for breach of agreement/contract, including but not limited to, the right to terminate for cause. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK’S OFFICE 100 EAST OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6060 CityClerk@bbfl.us THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK 443 City of Boynton Beach Procurement Division RFQ 25-018Q – CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT 36 CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT RFQ No. 25-018Q SECTION VI – SPECIAL CONDITIONS The Consultant will be responsible for supplying the necessary labor to complete services outlined in this RFQ by the City of Boynton Beach. The following special conditions shall apply to all Offerors and eventually to the Consultant(s) who are awarded the contract for these services. 6.1 ASSIGNMENT: Any contract issued pursuant to this request for proposal, qualifications, or invitation to bid and the funds that may come due hereunder are not assignable except with the prior written approval of the city. 6.2 AGREEMENT EXTENSION The City reserves the right to extend automatically for a period not to exceed an additional ONE HUNDRED EIGHTY (180) calendar days by mutual agreement and by filing a written notice signed by the Consultant to the City’s Purchasing Department without further City Commission action. This extension shall provide the City with continual services for an additional term of the contract. 6.3 INDEMNIFICATION The CONSULTANT shall indemnify and hold harmless CITY and its current, past, and future officers and employees from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or other persons employed or utilized by CONSULTANT in the performance of this Agreement. Neither party to this Agreement shall be liable to any third party claiming directly or through the other respective party, for any special, incidental, indirect, or consequential damages of any kind, including but not limited to lost profits or use that may result from this Agreement or out of the services or goods furnished hereunder. The parties understand and agree that the covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to the party's responsibility to indemnify. Nothing contained herein is intended nor shall be construed to waive CITY’s rights and immunities under the common law or §768.28, Fla. Stat., as may be amended from time to time. PURSUANT TO FLORIDA STATUTE, NO INDIVIDUAL DESIGN PROFESSIONAL EMPLOYED BY OR ACTING AS AN AGENT OF CONSULTANT MAY BE HELD INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM THE NEGLIGENCE OCCURRING WITHIN THE COURSE AND SCOPE OF THIS AGREEMENT 6.4 CHANGES IN THE WORK/CONTRACT PRICE A. ALLOWANCE The City may request approval from the City Commission on an allowance for this project. Any allowance requested by the City shall only be approved by the City Manager’s Office or their designee 444 City of Boynton Beach Procurement Division RFQ 25-018Q – CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT 37 B. CONTRACT PRICE The Contract Price constitutes the total compensation (subject to authorized adjustments, if applicable) payable to the Consultant for performing the work. All duties, responsibilities, and obligations assigned to or undertaken by the Consultant shall be at his expense without change in the Contract Price or Time except as approved in writing by the City Representative/Project Manager. C. CHANGE ORDER The Contract Price and/or Time may only be changed by a Change Order. A fully executed change order for any extra work must exist before such extra work is begun. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party promptly (but in no event later than 15 calendar days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. The amount of the claim with supporting data shall be delivered (unless the Owner allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by claimant’s written statement that the amount claimed covers all known amounts to which the claimant is entitled as a result of the occurrence of said event. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this Paragraph. 6.5 CHANGES IN CONTRACT TIME A. CHANGE ORDER The Contract Time may only be changed by a Change Order. A fully executed change order must exist prior to the extension of the contract time. B. NOTICE Any claim for an increase or decrease in the Contract Time shall be based on written notice delivered by the party making the claim to the other party promptly (but in no event later than 15 days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Consultant hereby agrees to waive rights to recover any lost time or incurred costs from delays unless Consultant has given the notice and the supporting data required by this Paragraph. C. BASIS FOR EXTENSION Extensions of time shall be considered and will be based solely upon the effect of delays to the work as a whole. Extensions of time shall not be granted for delays to the work, unless the Consultant can clearly demonstrate that such delays did or will, in fact, delay the progress of work as a whole. Time extensions shall not be allowed for delays to parts of the work that are not on the critical path of the project schedule. Time extensions shall not be granted until all float or contingency time, at the time of delay, available to absorb specific delays and associated impacts is used. 6.6 TERMINATION The City, by written notice, may terminate in whole or in part any Contract resulting from this RFQ when such action is in the best interest of the City. If the Contract(s) are so terminated the City shall be liable for only payment for services rendered prior to the effective date of termination. Services rendered will be interpreted to include costs of items already delivered plus reasonable costs of supply actions short of delivery. A. DEFAULT AND TERMINATION FOR CAUSE: The City may, by written notice of default to the Consultant, terminate the agreement/contract in whole or in part if the Consultant fails to satisfactorily perform any provisions of this agreement/contract, or fails to make progress so as to endanger 445 City of Boynton Beach Procurement Division RFQ 25-018Q – CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT 38 performance under the terms and conditions of this agreement/contract, or provides repeated nonperformance, or does not remedy such failure within a period of 30 calendar days after receipt of notice from the City of Boynton Beach specifying such failure. In the event the City terminates the agreement/contract in whole or in part because of default of the Consultant, the City may procure goods and/or services similar to those terminated, and the Consultant shall be liable for any excess costs incurred due to this action. If it is determined that the Consultant was not in default or that the default was excusable (e.g., failure due to causes beyond the control of, or without the fault or negligence of, the Consultant), the rights and obligations of the parties shall be those provided in Section "Termination for Convenience". B. TERMINATION FOR CONVENIENCE OF CITY Whenever the interests of the City so require, terminate the agreement/contract, in whole or in part, for the convenience of the City. Purchasing shall give fourteen (14) business days prior written notice of termination to the Consultant, specifying the portions of the agreement/contract to be terminated and when the termination is to become effective. If only portions of the agreement/contract are terminated, the Consultant has the right to withdraw, without adverse action, from the entire agreement/contract. Unless directed differently in the notice of termination, the Consultant shall incur no further obligations in connection with the terminated work and shall stop work to the extent specified and, on the date, given in the notice of termination. Additionally, unless directed differently, the Consultant shall terminate outstanding orders and/or subcontracts related to the terminated work. Consultant shall indemnify the City against loss pertaining to this termination. C. REMEDIES: No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder now or hereafter existing at law, or in equity, by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. D. FUNDING OUT This result of this Agreement shall remain in full force and effect only if 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. 6.7 PERFORMANCE OF CONSULTANT The Offeror shall be fully responsible for performing all the work necessary to meet City standards in a safe, neat, and good workmanlike manner, using only generally accepted methods in carrying out the work and complying with all federal and state laws and all ordinances and codes of the City relating to such work. Failure on the part of the submitting Firm to comply with the conditions, terms, specifications, and requirements of the RFQ shall be cause for cancellation of the RFQ award, notwithstanding any additional requirements enumerated in the Special conditions herein relating to performance-based contracting. The City may, by written notice to the Responding Firm, terminate the Contract for failure to perform. The date of termination shall be stated in the notice. The City shall be the sole judge of nonperformance. 446 City of Boynton Beach Procurement Division RFQ 25-018Q – CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT 39 6.8 INSURANCE REQUIREMENTS If a Consultant is providing a service under this agreement/contract, then the Consultant shall, at its sole expense, always maintain in full force and effect during the life of this agreement/contract, insurance coverages, and limits (including endorsements), as required by the City. These requirements shall not in any manner limit or qualify the liabilities and obligations assumed by the Consultant under this agreement/contract. All coverages shall be provided on a primary basis with the City endorsed as an Additional Insured as follows: "The City of Boynton Beach". The Consultant shall provide the City with a Certificate of Insurance evidencing such coverages prior to the commencement of any services and within a time frame specified by the City (normally within 2 working days after request). Failure to maintain the required insurance shall be considered a default of the agreement/contract. It shall be the responsibility of the Consultant to maintain workers’ compensation insurance, professional liability, property damage liability insurance, and vehicular liability insurance; during the time any of his/her personnel are working on City of Boynton Beach property. Loss by fire or any other cause shall be the responsibility of the Consultant until such time as the items and/or work have been accepted by the City. The Consultant shall furnish the City with a certificate of insurance after award has been made prior to the start of any work on City property. Said insured companies must be authorized to do business in the State of Florida and the City will not accept any company that has a rating less than B+ in accordance with A.M. Best’s Key Rating Guide, latest edition. 6.9 FORCE MAJEURE The agreement/contract which is awarded to the Consultant may provide that the performance of any act by the City or Consultant thereunder may be delayed or suspended at any time while, but only so long as, either party is hindered in or prevented from the performance by acts of God, pandemic, epidemic, emergency orders, the elements, war rebellion, strikes, lockouts or any cause beyond the reasonable control of such party, provided, however, the City shall have the right to provide substitute service from third parties or City forces and in such event, the City shall withhold payment due to Consultant for such period of time. If the condition of force majeure exceeds a period of 14 business days the City may, at its option and discretion, cancel or renegotiate the agreement/contract. 6.10 IF A WORK AUTHORIZATION OR TASK ORDER IS PERMITTED TO CONTINUE BEYOND THE TERM Consultant shall complete each executed Work Authorization/Task Order without regard to whether such completion would cause Services to be performed after the expiration date of this Agreement. Any Work Authorization/Task Order for which performance extends beyond the Term may be amended after that expiration date, provided that any additional Services, time, and compensation are permitted under this Agreement. The terms and conditions of this Agreement shall continue to govern Work Authorizations/Task Orders notwithstanding the expiration of this Agreement. 6.11 INSPECTION AND ACCEPTANCE OF WORK PRODUCED The City has the right to review, require correction, if necessary, and accept the work produced by the Consultant. Such review(s) shall be carried out within thirty (30) calendar days to not impede the work of the Consultant. Any product of work shall be deemed accepted as submitted if the City does not issue written comments and/or required corrections within thirty (30) calendar days from the date of receipt of such product from the Consultant. The Consultant shall make any required corrections promptly at no additional charge and return a revised copy of the work requested to the City within seven (7) business days of notification or a later date if extended by the City. 447 City of Boynton Beach Procurement Division RFQ 25-018Q – CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT 40 Failure by the Consultant to proceed with reasonable promptness to make necessary corrections shall be a default. If the Consultant’s submission of corrected work remains unacceptable, the City may terminate the resulting contract (or the task order involved) or reduce the contract price or cost to reflect the reduced value of services received. 6.12 CONTINGENT FEE Consultant represents and warrants that it has not employed or retained any person or entity, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person or entity, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. If this Agreement is subject to Section 287.055, Florida Statutes, the Parties agree and stipulate that the statutory language stated in Section 287.055(6)(a) is deemed included and fully incorporated herein. 6.13 TRUTH IN NEGOTIATION REPRESENTATION Consultant’s compensation under this Agreement is based upon its representations to City, and Consultant certifies that the wage rates, factual unit costs, and other information supplied to substantiate Consultant’s compensation, including, without limitation, in the negotiation of this Agreement, are accurate, complete, and current as of the date Consultant executes this Agreement. Consultant’s compensation may be reduced by City, in its sole discretion, to correct any inaccurate, incomplete, or noncurrent information provided to City as the basis for Consultant’s compensation in this Agreement. 6.14 PERFORMANCE REVIEW EVALUATION: The awarded Consultant(s) may receive a performance evaluation by City Staff during the course of the term contract. The City’s Project Manager shall complete performance evaluations at the first year of the contract or more frequent intervals as required by the Contract and at the time of the end of the term contract. Should the services provided by the Consultant fail to meet the expectations of the City’s Project Manager, the Consultant shall have a period of ten (10) working days from the date notice is given to the Consultant by the City to correct all deficiencies in the under the contract. All corrections shall be made to the satisfaction of the City Project Manager. Inability to correct all deficiencies within the specified ten days shall be good and sufficient cause to immediately terminate the contract without the City being liable for any and all future obligations under the Contract as determined by the City at its sole discretion. The City, in its judgment, may elect to compensate the Consultant for any accepted work product through the date of termination of an authorized Purchase Order, provided it is in a form sufficiently documented and organized to allow subsequent utilization in completing the work product. The City’s Project Manager shall contact a Procurement representative to advise of any performance issues so that Procurement can assist with bringing performance back to acceptable standards. It is equally important to complete the “Consultant Performance Evaluation Form whenever any of the performance indicators are either “marginal” or “unsatisfactory”. In the event the Average Rating Score is “marginal” or “unsatisfactory” even after reasonable efforts have been taken by the City to improve performance, the City’s Project Manager shall coordinate with Procurement to determine what action needs to be taken under the circumstances. 6.15 ANTI-HUMAN TRAFFICKING On or before the Effective Date of the Consultant entering into an Agreement with the City, the Consultant shall provide the 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. 448 City of Boynton Beach Procurement Division RFQ 25-018Q – CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT 41 6.16 VERIFICATION OF EMPLOYMENT ELIGIBILITY – E-VERITY Consultant represents that Consultant, and each Sub-consultant 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 this Agreement for cause and Consultant shall be liable for all costs incurred by City due to the termination. 6.17 ENTITIES OF FOREIGN CONCERN The provisions of this section apply only if Consultant or any Sub-Consultant will have access to an individual’s personal identifying information under this Agreement. Consultant represents and certifies: (i) Consultant 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 Consultant; and (iii) Consultant is not organized under the laws of and does not have its principal place of business in, a foreign country of concern. On or before the Effective Date, Consultant and any Sub-consultant that will have access to personal identifying information shall submit to the City executed affidavit(s) under penalty of perjury, in a form approved by the City attesting that the entity does not meet any of the criteria in Section 287.138(2), Florida Statutes. Compliance with the requirements of this section is included in the requirements of a proper invoice. Terms used in this section that are not otherwise defined in this Agreement shall have the meanings ascribed to such terms in Section 287.138, Florida Statutes. 6.18 SUCCESSORS AND ASSIGNS The City and the Consultant each bind themselves and their successors and assigns to the other party in respect to all provisions of the Contract. Neither the City nor the Consultant shall assign, sublet, convey, or transfer its interest in the Contract without the prior written consent of the other. 6.19 ENUMERATION OF PRECEDENCE OF CONTRACT DOCUMENTS If any portion of the Contract Documents appears to conflict with any other portion, the various documents comprising the Contract Documents shall govern in the following order of precedence: The Final Agreement The Instructions to Offerors The Scope of Work (Services) The Special Conditions Standard General Terms and Conditions THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY 449 RFQ NO. 25-018Q CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT 42 APPENDIX ‘A’ DRAFT – ENGINEERING CONSULTANT SERVICE AGREEMENT 450 RFQ NO. 25-018Q CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT A-43 SAMPLE AGREEMENT FOR ENGINEERING/DESIGN SERVICES THIS AGREEMENT (“Agreement”), dated ____________ _____, ________, is entered into by and between: THE CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida with a business address of 100 E Ocean Ave, BOYNTON BEACH, Florida 33435 (hereinafter referred to as the "CITY"), and ______________________________, a ____________ corporation as listed with the Florida Division of Corporations, with a principal address ___________________________ (hereinafter referred to as the “CONSULTANT”). CITY and CONSULTANT may hereinafter be referred to collectively as the "Parties." W I T N E S S E T H: In consideration of the mutual terms and conditions, promises, covenants, and payments hereinafter set forth, CITY and CONSULTANT agree as follows: ARTICLE 1 - PREAMBLE In order to establish the background, context, and form of reference for this Agreement and to generally express the objectives and intentions of the respective Parties herein, the following statements, representations, and explanations shall be accepted as predicates for the undertakings and commitments included within the provisions which follow and may be relied upon by the Parties as essential elements of the mutual considerations upon which this Agreement is based. 1.1 On ______________, the CITY advertised its solicitation for Request for Qualification of the CITY's desire to hire a firm to deliver complete and permitted design documents and related engineering services for the ____________ (the “Project”) and provide all other professional services that may be deemed necessary for the satisfactory design and completion of the Project, as more particularly described in the Scope of Services outlined in Exhibit “A” (the “Services”) attached hereto and by this reference made a part hereof, for the RFQ entitled: Request for Qualifications (RFQ) # ______________ “ENGINEERING AND DESIGN SERVICES ____________________________” 1.2 On ______________, the qualification packages were opened at City Hall by the Purchasing Division. 1.3 On _______________, the CITY’s evaluation committee met in a publicly noticed open to the public meeting where they discussed and scored the proposals and, per the requirements of (“CCNA”), §287.055, Florida Statutes shortlisted the top three proposers to view presentations. 451 RFQ NO. 25-018Q CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT A-44 1.4 On ______________, the CITY’s evaluation committee witnessed presentations from the highest-ranking proposers and, after presentations, met in a publicly noticed open to the public meeting where they provided final scoring and collectively decided that ____________________ is the most advantageous solution for the CITY to provide the Services and selected CONSULTANT as the most highly qualified to perform the required Services in accordance with the Consultant's Competitive Negotiation Act (“CCNA”), §287.055, Florida Statutes. 1.5 On _____________, the City Commission accepted the results of the evaluation committee and authorized the proper CITY officials to negotiate and enter into this Agreement with CONSULTANT through Resolution # _________ to govern the Services. 1.6 On ___________, ___________, and ___________, CITY held negotiations with CONSULTANT based on the proposal and scoring from the evaluation committee. 1.7 At the final negotiation meeting on ______________, CITY Staff determined that the final scope of work and fee proposal were deemed fair, competitive, and reasonable. 1.8 Negotiations regarding the Services required herein were undertaken in accordance with the CCNA, §287.055, Florida Statutes, and this Agreement incorporates the results of such negotiations. 1.9 The Services provided by CONSULTANT pursuant to this Agreement shall comply with the definition of "professional services" as provided in Section 287.055(2)(a), Florida Statutes, as may be amended from time to time. ARTICLE 2 - SERVICES AND RESPONSIBILITIES 2.1 CONSULTANT hereby agrees to deliver complete and permitted design documents and related engineering services for RFQ # ___________________________, more particularly located at _____________________ ("Property") as outlined in Exhibit “A.” Consultant further agrees to perform all other professional services deemed necessary for the satisfactory engineering/design and completion of the Project, as more particularly described in, and in accordance with the Scope of Services and specifications attached hereto as Exhibit A (“Scope of Services”), CONSULTANT's Proposal, attached hereto and made a part hereof as Exhibit B, and the Fee Schedule and Payment Schedule attached hereto and made a part hereof as Exhibit C (“Fee Schedule”). CONSULTANT agrees to perform all Services required pursuant to this Agreement. The terms and conditions of the RFQ and Commission award are incorporated into this Agreement by reference. 2.2 CONSULTANT shall furnish all services, labor, equipment, and materials necessary and as may be required in the performance of this Agreement, and all Services performed under this Agreement shall be performed in a professional manner. 2.3 CONSULTANT hereby represents to CITY, with full knowledge that CITY is relying upon these representations when entering into this Agreement with CONSULTANT, that CONSULTANT has the professional expertise, experience, and manpower to perform the Services to be provided by CONSULTANT pursuant to the terms of this Agreement. 452 RFQ NO. 25-018Q CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT A-45 2.4 CONSULTANT assumes professional and technical responsibility for the performance of its Services provided hereunder in accordance with recognized professional and ethical guidelines established by their profession. If within one year following completion of its Services, such Services fail to meet the aforesaid standards, and the CITY promptly advises CONSULTANT thereof in writing, CONSULTANT agrees to re-perform such deficient services without charge to the CITY. 2.5 CONSULTANT shall schedule regular meetings with the CITY’s representatives at least once a month to discuss the progress of the Services required to deliver complete and permitted design documents for the design services, as more specifically described in Exhibit A. 2.6 The relationship between CITY and CONSULTANT created hereunder, and the Services to be provided by CONSULTANT pursuant to this Agreement are non-exclusive. CITY shall be free to pursue and engage in similar relationships with other Consultants to perform the same or similar services performed by CONSULTANT hereunder, so long as no other consultant shall be engaged to perform the specific project assigned to CONSULTANT while CONSULTANT is so engaged without first terminating such assignment. CONSULTANT shall be free to pursue relationships with other parties to perform the same or similar services, whether or not such relationships are for services to be performed within the City of Boynton Beach, so long as no such relationship shall result in a conflict of interest, ethical or otherwise, with the CITY’s interests in the services provided by CONSULTANT hereunder. 2.7 CONSULTANT shall not utilize the services of any sub-consultant without the prior written approval of CITY. CONSULTANT shall comply with the applicable provisions of the City of Boynton Beach Code of Ordinances and shall require that all sub-consultants comply with the applicable provisions of the City of Boynton Beach Code of Ordinances. ARTICLE 3 – TERM, TIME FOR PERFORMANCE, AND TERMINATION 3.1 Term. This Agreement shall commence on the date of full execution and shall continue in force until the completion of the Services related to the Project under this Agreement unless terminated early by either party or pursuant to the termination provisions in this Agreement. 3.2 Project Schedule. CONSULTANT shall perform the Services within _____________________ (XXX) calendar days after issuance of the notice to proceed. Minor adjustments to the timetable for completion approved by CITY in advance, in writing, will not constitute non-performance by CONSULTANT. The CITY shall determine and adjust the time for performance and authorize the commencement of later phases in writing, which may be memorialized by written amendments hereto. 3.3 Delays Due to City. CONSULTANT’s Services shall be timely performed in compliance with the Project Schedule or as amended in writing executed by both Parties. If CONSULTANT is delayed at any time in the progress of its Services by any act, failure to act, or neglect of the CITY, or any separate consultant or contractor hired directly by the CITY, or by occurrences beyond the control and without any fault or negligence of CONSULTANT, CONSULTANT shall provide to the CITY, within five (5) working days of the date the delay began, written notice of the delay. Provided the Consultant has timely notified the CITY of such delay, the CITY shall amend the schedule in writing for the time delay actually caused by such occurrence, as determined by the City in its sole discretion. This extension of time shall be CONSULTANT’s sole and exclusive remedy attributed to such delay. 453 RFQ NO. 25-018Q CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT A-46 3.4 Financial Consequences for Consultant’s Delay or Nonperformance. The CITY reserves the right to withhold payment when the CONSULTANT has failed to perform/comply with the provisions of this Agreement. For each task deliverable not received by the CITY at one hundred percent (100%) completion by the specified due date, the CITY will reduce the relevant Task Compensation Amount(s) paid to the CONSULTANT in proportion to the percentage of the deliverable(s) not fully completed and/or submitted to the CITY in a timely manner. 3.5 Time is of the Essence for this Agreement. Time shall be of the essence for each and every provision of this Agreement. If the CONTRACTOR fails to timely commence the Services herein required following the Notice to Proceed or fails in the performance of the work specified and required to be performed within the time limits set forth in this Agreement after due allowance for any extension or extensions of time, the CITY may immediately terminate this Agreement . 3.6 Termination for Convenience. This Agreement may be terminated by the CITY for convenience upon providing thirty (30) business days of written notice to the CONSULTANT, in which event CONSULTANT shall be compensated for Services satisfactorily performed prior to the termination date, including services reasonably related to termination. In the event that the CONSULTANT abandons this Agreement or causes it to be terminated, CONSULTANT shall indemnify the CITY against any loss pertaining to this termination up to a maximum of the full contracted fee amount. 3.7 Default, Right to Cure, and Termination for Cause. Either Party may terminate this Agreement for cause if the other Party neglects or fails to perform or observe any of the terms, provisions, conditions, or requirements of this Agreement if such neglect or failure continues for a period of thirty (30) days after receipt of written notice of such neglect or failure. If this Agreement is terminated by the CITY for cause, the CITY may take over the Services and complete them by contracting with other consultant(s) or otherwise, and in such event, CONSULTANT shall be liable to the CITY for any additional costs incurred by the CITY due to such termination. “Additional Costs” is defined as the difference between the actual cost of completion of such incomplete Services and the cost of completion of such Services that would have resulted from payments to CONSULTANT had this Agreement not been terminated. In the event of termination for cause, no payments to CONSULTANT shall be made (1) for Services not satisfactorily performed and (2) for assembly of and submittal of documents as required under this Agreement. 3.8 In the event of termination for cause or convenience, all finished or unfinished documents, drawings, CADD files, data, studies, plans, surveys, reports, or any other materials prepared by CONSULTANT for the Project pursuant to this Agreement shall become the property of CITY and shall be delivered by CONSULTANT to CITY immediately. 3.9 Upon termination, this Agreement shall have no further force or effect, and the Parties shall be relieved of all further liability under this Agreement, except that the provisions of this section and the provisions regarding termination, the right to audit, property rights, insurance, indemnification, governing law, and litigation shall survive termination of this Agreement and remain in full force and effect. ARTICLE 4 - PROFESSIONAL SERVICES FEE & EXPENSES 4.1 Compensation. 454 RFQ NO. 25-018Q CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT A-47 The CITY agrees to compensate CONSULTANT for all services performed pursuant to this Agreement in an amount not to exceed_________________________ DOLLARS ($XXX,XXX) based on the hourly rates set forth in Exhibit C, which was deemed fair, competitive, and reasonable, for Services, plus an allowance of _________________________ DOLLARS ($XXX,XXX) for a total amount not to exceed _______________________ DOLLARS ($XXX,XXX) (the “Fee”). The compensation may be adjusted, if necessary, by a written amendment duly approved and executed by CONSULTANT and CITY, provided the City’s budget includes or is adjusted to include the modified Fee. 4.2 Fee Schedule. A detailed Fee Schedule and Payment Schedule tied to the deliverables is attached as Exhibit C. The Fee Schedule details the hourly rates, number of hours, and a payment schedule that shall not be front-loaded. 4.2.1 Rates. CONSULTANT’s hourly rates for every position or level of profession or staff for whom time will be invoiced under this Agreement are detailed in the Fee Schedule attached as Exhibit C and incorporated into this Agreement. All such rates shall be effective for the term of this Agreement. The fixed hourly costs for all positions will be applicable to both in-house professional engineering services and professional engineering services at the CONSULTANT firm’s place of business. 4.2.2 Expenses. The Fee Schedule includes all administrative out-of-pocket expenses to be reimbursed under this Agreement. 4.2.3 Supporting Documents. CONSULTANT shall maintain complete and orderly documentation underlying all of its invoiced out-of-pocket expenses, including copies of paid receipts, invoices, or other documentation acceptable to the CITY. Such documentation shall be sufficient to establish that the expenses were actually incurred and necessary in the performance of the Professional Services. 4.2.4 Mark-Up. Any out-of-pocket costs shall not be marked up more than three percent (3%). 4.2.5 Travel Expenses. Any agreed travel, per diem, mileage, meals, or lodging expenses, the cost of which are subject to the CITY’s prior written approval, shall be paid in accordance with the rates and conditions established by the City’s Travel Policy, a copy of which has been provided to CONSULTANT, or the applicable law or ordinance. 4.3 Subcontracts. CONSULTANT may invoice for Services related to the sub-contractual services at the established hourly rates in the Fee Schedule. 4.4 Invoices. CONSULTANT shall be entitled to invoice CITY monthly for Services performed. The invoice shall include information such as, but not be limited to, the date of service, staff classification, the amount of time spent, a description of the service, and any other information reasonably required by CITY. 4.5 Payment. The Fee shall be paid in accordance with the Payment Schedule and upon acceptance of deliverables satisfactory to the City and receipt of a proper invoice from CONSULTANT. CITY will do its best to pay CONSULTANT within thirty (30) days after receipt of the proper invoice, the total shown to be due on such invoice. All payments shall be governed by the Local Government Prompt Payment Act, as set forth in Part VII, Chapter 218, Florida Statutes. 455 RFQ NO. 25-018Q CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT A-48 Payment will be made to CONSULTANT at: _____________________________ _____________________________ _____________________________ ____________________________. 4.6 Final Invoice. In order for the Parties to close their books and records, CONSULTANT shall submit its final invoice no later than four (4) months after completion of all Services. CONSULTANT shall clearly indicate “Final Invoice” on its final invoice. Such indication shall certify to the CITY that all Services have been properly performed and all charges and costs owed in connection with this Agreement have been invoiced to the CITY. Any requests for reimbursement or fee payment, if not properly included on the final invoice or not submitted within four months after completion of the Services, are waived by CONSULTANT. 4.7 Truth-In-Negotiation Certificate. Signature of this Agreement by CONSULTANT shall act as the execution of a Truth-in-Negotiation Certificate stating that wage rates and other factual unit costs supporting the compensation of this Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums, by which the CITY determines that contract price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. 4.8 Contingency or Allowance. Any contingency or allowance amount provided for by the CITY authorizes the CITY to execute change orders up to the amount of the contingency or allowance without the need to obtain additional Commission approval. In addition, CITY shall utilize the contingency or allowance to reimburse CONSULTANT for the related permit, license, impact, or inspection fees. Payments will be made to CONSULTANT based on the actual cost of permits upon submission of paid permit receipts. It is hereby understood and agreed that the CONSULTANT shall not expend any dollars in connection with the contingency or allowance without the expressed prior written approval of the CITY’s authorized representative. Any contingency or allowance funds that have not been utilized at the end of the Project will remain with the CITY; the CONSULTANT shall only be paid for the Project cost as approved by the City Commission, along with any contingency or allowance expenses that were approved by the CITY’s authorized representative. If the permit fees exceed the contingency or allowance CITY will reimburse the CONSULTANT the actual amount of the permit fees required for Project completion. ARTICLE 5 - CHANGES TO SCOPE AND ADDITIONAL SERVICES 5.1 CITY or CONSULTANT may, from time to time, request changes that would increase, decrease, or otherwise modify the Scope of Services to be provided under this Agreement subject to the requirements set forth in §287.055, Florida Statutes. Upon receipt by CONSULTANT of CITY’s notification of a contemplated change, CONSULTANT shall in writing: (i) provide a detailed estimate for the increase or decrease in CONSULTANT’s Fee and other design costs that would result from the contemplated change; (ii) notify the CITY of any estimated change in the completion date; and (iii) advise the CITY how the contemplated change shall affect the CONSULTANT’s ability to meet the completion dates or schedules. Changes to the Scope of Work that do not affect the Project Schedule and Fee can be approved by the City’s Project Manager by change order. If a change will affect the Project Schedule and/or Fee, if the City elects to make the change, such changes or additional work must be in accordance with the provisions of the City’s Code of Ordinances and must be contained in a written amendment, 456 RFQ NO. 25-018Q CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT A-49 executed by the Parties hereto, with the same formality, equality, and dignity herewith prior to any deviation from the terms of this Agreement, including the initiation of any additional or extra work. 5.2 CONSULTANT shall continue to render Services while seeking a change order or amendment unless such services have not been authorized. Services to be performed while seeking a change order or amendment that are not described herein or in a separate written amendment or change order shall be performed at the CONSULTANT’S own risk. In no event will the CONSULTANT be compensated for any Services that have not been authorized in advance pursuant to this Agreement. ARTICLE 6 – INDEMNIFICATION 6.1 The Consultant shall indemnify and hold harmless the City, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the CONSULTANT and other persons employed or utilized by the CONSULTANT IN THE PERFORMANCE OF THIS AGREEMENT. PURSUANT TO F.S. SEC. 558.0035, AN INDIVIDUAL EMPLOYEE OR AGENT MAY NOT BE HELD LIABLE FOR NEGLIGENCE. The CONSULTANT 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. 6.2 CONSULTANT agrees that the covenants and representations relating to indemnification shall survive the term of this Agreement and continue in full force and effect as to the Party's responsibility to indemnify. 6.3 Nothing contained here is intended nor shall be construed to waive CITY’s rights and immunities under the common law or Section 768.28, Florida Statutes, as may be amended from time to time. ARTICLE 7 – INSURANCE 7.1 The CONSULTANT expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the CONSULTANT shall in no way limit the responsibility to indemnify, keep, and save harmless and defend the CITY or its officers, employees, agents, and instrumentalities as herein provided. 7.2 CONSULTANT shall not commence work under this Agreement until it has obtained all insurance required under this paragraph and Attachment A and such insurance has been approved by the Risk Manager of the CITY, nor shall the CONSULTANT allow any sub-consultant to commence work on any subcontract until all similar such insurance required of the sub- consultant has been obtained and similarly approved. a. During the performance of the Services under this Agreement, CONSULTANT shall maintain the following insurance policies and provide originals or certified copies of all policies to CITY’s Director of Risk Management. All policies shall be written by an insurance company authorized to do business in Florida. CONSULTANT shall be required to obtain all applicable insurance coverage, as indicated below, prior to commencing any service pursuant to this Agreement: 457 RFQ NO. 25-018Q CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT A-50 i. Worker’s Compensation Insurance: The CONSULTANT shall procure and maintain for the life of this Agreement, Worker’s Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer’s Liability with limits meeting all applicable state and federal laws. This coverage must extend to any subcontractor that does not have their own Worker’s Compensation and Employer’s Liability Insurance. The policy must contain a waiver of subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. ii. Comprehensive General Liability: The CONSULTANT shall procure and maintain for the life of this Agreement, Comprehensive General Liability Insurance. This coverage shall be on an “Occurrence” basis. Coverage shall include Premises and Operations; Independent consultants, Products-Completed Operations and Contractual Liability with specific reference to Article 10, “Indemnification” of this Agreement. This policy shall provide coverage for death, personal injury, or property damage that could arise directly or indirectly from the performance of this Agreement. CONSULTANT shall maintain a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury/ and $1,000.000 per occurrence/aggregate for property damage. The general liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty (30) days prior written notice to the CITY. iii. Business Automobile Liability: The CONSULTANT shall procure and maintain, for the life of this Agreement, Business Automobile Liability Insurance. The CONSULTANT shall maintain a minimum amount of $1,000,000 combined single limit for bodily injury and property damage liability to protect the CONSULTANT from claims for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non-owned automobile, included rented automobiles, whether such operations be by the CONSULTANT or by anyone directly or indirectly employed by the CONSULTANT. iv. Professional Liability (Errors and Omissions) Insurance: The CONSULTANT shall procure and maintain for the life of this Agreement in the minimum amount of $1,000,000 per occurrence. v. Umbrella/Excess Liability Insurance: in the amount of $1,000,000.00 as determined appropriate by the CITY, depending on the type of job and exposures contemplated. Coverage must follow the form of the General Liability, Auto Liability, and Employer’s Liability. This coverage shall be maintained for a period of no less than the later of three (3) years after the delivery of goods/services or final payment pursuant to the Agreement. Right to Revise or Reject. CITY reserves the right, but not the obligation, to revise any insurance requirement, not limited to limits, coverages, and endorsements, or to reject any insurance policies that fail to meet the criteria stated herein. Additionally, CITY reserves the right, but not the obligation, to review and reject any insurer providing coverage due to its poor financial condition or failure to operate legally. Additional Insureds. All required insurance (except Worker’s Compensation and Professional Liability) shall include an Additional Insured endorsement identifying “the City of Boynton Beach, 458 RFQ NO. 25-018Q CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT A-51 its commissioners, officers, employees, and agents” as Additional Insureds. The CITY shall pay no costs for an additional insured endorsement. ARTICLE 8 - NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYMENT During the performance of the Agreement, neither the CONSULTANT nor any sub-consultants shall discriminate against any employee or applicant for employment because of race, religion, color, gender, national origin, sex, age, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. CONSULTANT will take affirmative action to ensure that employees are treated during employment without regard to their race, religion, color, gender, national origin, sex, age, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. Such actions must include, but not be limited to, the following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. CONSULTANT shall agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. CONSULTANT further agrees that CONSULTANT will ensure that sub-consultants, if any, will be made aware of and will comply with this nondiscrimination clause. ARTICLE 9 – STAFFING AND INDEPENDENT CONTRACTOR 9.1 Personnel. CONSULTANT represents that its project manager and all key staff identified in CONSULTANT’s Proposal shall remain assigned to the Project, unless otherwise specifically agreed by the CITY. All personnel engaged in performing the Services shall be fully qualified and, if required, licensed or permitted under all applicable federal, state, and local laws and regulations to perform such services. CONSULTANT specifically acknowledges that its employees will not be covered by the CITY’s workers’ compensation insurance and CONSULTANT will be solely and exclusively responsible for payment of all federal and state income, social security, unemployment, and disability taxes due in respect of all compensation and/or other consideration paid by the CITY to CONSULTANT under this Agreement. 9.2 Independent Contractor. This Agreement does not create an employee/employer relationship between the parties. It is the intent of the parties that the CONSULTANT is an independent Consultant under this Agreement and not the CITY's employee for all purposes, including but not limited to the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers' Compensation Act, and the State unemployment insurance law. The CONSULTANT shall retain sole and absolute discretion in the judgment of the manner and means of carrying out CONSULTANT's activities and responsibilities hereunder provided, further that administrative procedures applicable to Services rendered under this Agreement shall be those of CONSULTANT, which policies of CONSULTANT shall not conflict with CITY, State, or United States policies, rules or regulations relating to the use of CONSULTANT's funds provided for herein. The CONSULTANT agrees that it is a separate and independent enterprise from the CITY, that it has full opportunity to find other business, that it has made its own investment in its business, and that it will utilize the standard of care to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the CONSULTANT and the CITY, and the CITY will not be liable for any obligation incurred by CONSULTANT, including but not limited to unpaid minimum wages and/or overtime premiums. ARTICLE 10 - AGREEMENT SUBJECT TO FUNDING 459 RFQ NO. 25-018Q CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT A-52 This 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. In the event funds to finance this Agreement become unavailable, the CITY may terminate this Agreement upon no less than twenty-four (24) hours’ notice to CONSULTANT. The CITY shall be the sole and final authority as to the availability of funds. ARTICLE 11 - UNCONTROLLABLE FORCES Neither CITY nor CONSULTANT shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non-performing Party could not avoid. The term "Uncontrollable Forces" shall mean any event that 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 nonperforming Party. It includes, but is not limited to: fire, flood, earthquakes, storms, lightning, epidemics, pandemics, acts of God, war, riot, civil disturbance, sabotage, 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 nonperforming Party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming 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 12 - GOVERNING LAW, JURISDICTION, VENUE, AND WAIVER OF JURY TRIAL This Agreement shall be governed by and construed in accordance with the laws of the State of Florida as now and hereafter in force. The venue for any and all claims or actions arising out of or related to this Agreement shall be exclusively in Palm Beach County, Florida. CONSULTANT agrees to waive all defenses to any suit filed in Florida based upon improper venue or forum nonconveniens. THE CITY AND CONSULTANT HEREBY MUTUALLY KNOWINGLY, WILLINGLY, AND VOLUNTARILY WAIVE THE RIGHT TO TRIAL BY JURY, AND NO PARTY NOR ANY ASSIGNEE, SUCCESSOR, OR LEGAL REPRESENTATIVE OF THE PARTIES SHALL SEEK A JURY TRIAL IN ANY LAWSUIT, PROCEEDING, COUNTERCLAIM OR ANY OTHER LITIGATION PROCEEDING BASED UPON OR ARISING OUT OF THIS AGREEMENT, OR ANY COURSE OF ACTION, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS RELATING TO THIS AGREEMENT. THE PARTIES ALSO WAIVE ANY RIGHT TO CONSOLIDATE ANY ACTION IN WHICH A JURY TRIAL HAS BEEN WAIVED, WITH ANY OTHER ACTION IN WHICH A JURY TRIAL HAS NOT BEEN WAIVED. THE PROVISIONS OF THIS PARAGRAPH HAVE BEEN FULLY NEGOTIATED BY THE PARTIES. THE WAIVER CONTAINED HEREIN IS IRREVOCABLE, CONSTITUTES A KNOWING AND VOLUNTARY WAIVER, AND SHALL BE SUBJECT TO NO EXCEPTION. NEITHER THE CITY NOR THE CONSULTANT HAS IN ANY WAY AGREED WITH OR REPRESENTED TO THE OTHER OR ANY OTHER PARTY THAT THE PROVISIONS OF THIS PARAGRAPH WILL NOT BE FULLY ENFORCED IN ALL INSTANCES. THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. ARTICLE 13 - SIGNATORY AUTHORITY 460 RFQ NO. 25-018Q CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT A-53 CONSULTANT shall provide CITY with copies of requisite documentation evidencing that the signatory for CONSULTANT has the authority to enter into this Agreement. ARTICLE 14 - DEFAULT OF CONTRACT & REMEDIES 14.1 Damages. CITY reserves the right to recover any ascertainable actual damages incurred as a result of the failure of CONSULTANT to perform in accordance with the requirements of this Agreement or for losses sustained by CITY resultant from CONSULTANT's failure to perform in accordance with the requirements of this Agreement. 14.2 Correction of Services. If, in the judgment of CITY, the Services provided by CONSULTANT do not conform to the requirements of this Agreement, or if the Services exhibit poor workmanship, CITY reserves the right to require that CONSULTANT correct all deficiencies in the services to bring the Services into conformance without additional cost to CITY, and/or replace any personnel who fail to perform in accordance with the requirements of this Agreement. CITY shall be the sole judge of non-conformance and the quality of Services. 14.3 Default of Contract. The occurrence of any one or more of the following events shall constitute a default and breach of this Agreement by CONSULTANT for which CITY may terminate for cause: 14.3.1 The abandonment, unnecessary delay, refusal of, or failure to comply with any of the terms of this Agreement or neglect or refusal to comply with the instructions of the City Manager or individual relative thereto. 14.3.2 The failure by CONSULTANT to observe or perform any of the terms, covenants, or conditions of this Agreement to be observed or performed by CONSULTANT, where such failure shall continue for a period of thirty (30) days after written notice thereof by CITY to CONSULTANT; provided, however, that if the nature of CONSULTANT's default is such that more than thirty (30) days are reasonably required for its cure, then CONSULTANT shall not be deemed to be in default if CONSULTANT commences such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion. 14.3.3 The assignment and/or transfer of this Agreement or execution or attachment thereon by CONSULTANT or any other Party in a manner not expressly permitted hereunder. 14.3.4 The making by CONSULTANT of any general assignment or general arrangement for the benefit of creditors, or the filing by or against CONSULTANT of a petition to have CONSULTANT adjudged a bankruptcy, or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against CONSULTANT, the same is dismissed within sixty (60) days); or the appointment of a trustee or a receiver to take possession of substantially all of CONSULTANT's assets, or for CONSULTANT's interest in this Agreement, where possession is not restored to CONSULTANT within thirty (30) days; for attachment, execution or other judicial seizure of substantially all of CONSULTANT's assets, or for 461 RFQ NO. 25-018Q CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT A-54 CONSULTANT's interest in this Agreement, where such seizure is not discharged within thirty (30) days. ARTICLE 15 – BANKRUPTCY It is agreed that if CONSULTANT is adjudged bankrupt, either voluntarily or involuntarily, this Agreement shall automatically terminate effective on the date and at the time the bankruptcy petition is filed. ARTICLE 16 - DISPUTE RESOLUTION If a dispute arises between CITY and CONSULTANT relating to this Agreement, performance, or compensation hereunder, CONSULTANT shall continue to render Services in full compliance with all terms and conditions of this Agreement as interpreted by CITY regardless of such dispute. CONSULTANT expressly agrees, in consideration for the execution of this Agreement, that in the event of such a dispute, if any, it will not seek injunctive relief in any court but will negotiate with CITY for an adjustment on the matter or matters in dispute and, upon failure of said negotiations to resolve the dispute, may present the matter to a court of competent jurisdiction in an appropriate suit therefore instituted by it or by CITY. ARTICLE 17 - PUBLIC RECORDS 17.1 The City of Boynton Beach is a public agency subject to Chapter 119, Florida Statutes. The CONSULTANT shall comply with Florida’s Public Records Law. Specifically, the CONSULTANT shall: 17.1.1 Keep and maintain public records required by the CITY to perform the service; 17.1.2 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 the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law; 17.1.3 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 Agreement term and, following completion of the Agreement, CONSULTANT shall destroy all copies of such confidential and exempt records remaining in its possession after the CONSULTANT transfers the records in its possession to the CITY; and 17.1.4 Upon completion of the Agreement, CONSULTANT shall transfer to the CITY, at no cost to the CITY, all public records in CONSULTANT’s possession. All records stored electronically by the CONSULTANT 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. 17.2 The failure of CONSULTANT to comply with the provisions set forth in this Article shall 462 RFQ NO. 25-018Q CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT A-55 constitute a Default and Breach of this Agreement, for which, the CITY may terminate the Agreement in accordance with the terms herein. IF CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONSULTANT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 TELEPHONE: 561-742-6060 CityClerk@bbfl.us ARTICLE 18 – PERFORMANCE EVALUATIONS CONSULTANT will be evaluated on a project-by-project basis utilizing the form attached hereto as Attachment B. The evaluations provide information about compliance with budget, schedule, and other key performance indicators and are a factor in future procurement evaluations. Evaluations are submitted to the CONSULTANT as part of the project closeout process. ARTICLE 19 – REGULATORY CAPACITY Notwithstanding the fact that CITY is a municipal corporation with certain regulatory authority, CITY’s performance under this Agreement is as a Party to this Agreement and not in its regulatory capacity. If CITY exercises its regulatory authority, the exercise of such authority and the enforcement of applicable law shall have occurred pursuant to CITY’s regulatory authority as a governmental body separate and apart from this Agreement and shall not be attributable in any manner to CITY as a Party to this Agreement. ARTICLE 20 – MISCELLANEOUS 20.1 Ownership of Documents. All plans, drawings, calculations, construction documents, technical specifications, sketches, photographs, videos, illustrations, tracings, PowerPoint presentations, specifications, maps, computer files, and/or studies or reports prepared or obtained under this Agreement, as well as all data collected, together with summaries and charts derived therefrom, regardless of form or format, will be considered works made for hire and, upon payment by the CITY of the Fee for same, will become the exclusive property of the CITY without restriction or limitation on their use and will be made available, upon request, to the CITY upon request and/or upon completion or termination of this Agreement. CITY shall not be required to pay any additional charges for the CITY’s documents and records. Documents can be provided to the CITY electronically. Upon delivery to the CITY of said document(s), the CITY will become the custodian thereof in accordance with Chapter 119, Florida Statutes. CONSULTANT will not copyright any material and products or patent any invention developed under this Agreement. CONSULTANT specifically waives and releases all rights that CONSULTANT may have in the 463 RFQ NO. 25-018Q CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT A-56 materials, products, or inventions pursuant to 17 U.S.C. §106A and 113(d). CONSULTANT acknowledges and affirms that pursuant to 17 U.S.C. §106A(e), such waiver and release shall be effective as to any and all uses foreseeable and unforeseeable for which such materials, products, or invention might be subject. CONSULTANT waives and assigns to CITY all copyrights under 17 U.S.C. §101, et seq., and all other rights in the materials, products, invention, and any work produced. Any reuse of CONSULTANT’s prepared documents by the CITY, except for the specific purpose intended under this Agreement, will be at CITY’s sole risk and without liability or legal exposure to CONSULTANT or its sub-consultants. 20.2 Consultant’s Records. Notwithstanding any other provision in this Agreement, CONSULTANT shall be entitled to retain a copy of all plans, drawings, calculations, construction documents, technical specifications, sketches, photographs, videos, illustrations, tracings, PowerPoint presentations, specifications, maps, computer files and/or studies or reports prepared or obtained under this Agreement, as well as all data collected, together with summaries and charts derived therefrom, for CONSULTANT’s records only as is necessary for CONSULTANT to document its Services. Consultant acknowledges that plans, drawings, documents, and records related to the physical security of CITY facilities or security systems are exempt or confidential records and shall not be disclosed by CONSULTANT, except as authorized by law and specifically authorized by CITY. 20.3 Standard of Care. The standard of care for all Services performed or furnished by CONSULTANT under this Agreement will be the care and skill ordinarily used by members of CONSULTANT’s profession practicing under similar circumstances. 20.4 Standard of Conduct. The implied covenant of good faith and fair dealing under Florida law is expressly adopted. 20.5 Compliance with Laws. In the conduct of Services under this Agreement, CONSULTANT shall comply in all material respects with all applicable federal and state laws and regulations and all applicable County and City ordinances and regulations. 20.6 Legal Representation. It is acknowledged that each Party to this Agreement had the opportunity to be represented by counsel in the preparation of this Agreement. Accordingly, the rule that a contract shall be interpreted strictly against the Party preparing same shall not apply herein due to the joint contributions of both Parties. 20.7 Duly Licensed. CONSULTANT represents that it is duly licensed in Florida to perform the Services under this Agreement and that it will continue to maintain all licenses and approvals required to conduct its business. 20.8 Records and Right to Audit. CONSULTANT shall keep such records and accounts and require all subcontractors to keep records and accounts as necessary to record complete and correct entries as to personnel hours charged to this engagement and any expenses for which CONSULTANT expects to be reimbursed. Such books and records will be available at all reasonable times for examination and audit by CITY and shall be kept for a period of SIX (6) years after the completion of all work to be performed pursuant to this Agreement. Incomplete or incorrect entries in such books and records will be grounds for disallowance by CITY of any fees 464 RFQ NO. 25-018Q CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT A-57 or expenses based upon such entries. All records shall be maintained and available for disclosure, as appropriate, in accordance with Chapter 119, Florida Statutes. If an audit inspection in accordance with this section discloses overpricing or overcharges (of any nature) by CONSULTANT to the CITY in excess of one-half of one percent (.5%) of the total contract billings, (1) the reasonable costs of the CITY’s audit shall be reimbursed to the CITY by the CONSULTANT and (2) liquidated damages in the amount of 15% of the overpricing or overcharges shall be assessed. Any adjustments and/or payments that must be made as a result of the audit inspection, including any interest, audit costs, and liquidated damages, shall be made by the CONSULTANT within 45 days from the presentation of the CITY’s findings to the CONSULTANT. Failure by CONSULTANT to permit such audit shall be grounds for termination of this Agreement by the CITY. 20.9 Assignments; Amendments. This Agreement and any interests herein shall not be assigned, transferred, or otherwise encumbered, under any circumstances, by CONSULTANT without the prior written consent of CITY. For purposes of this Agreement, any change of ownership of CONSULTANT shall constitute an assignment that requires CITY approval. However, this Agreement shall run to the benefit of CITY and its successors and assigns. It is further agreed that no modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 20.10 No Contingent Fees. CONSULTANT warrants that it has not employed or retained any company or person other than a bona fide employee working solely for CONSULTANT 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 CONSULTANT any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, CITY shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift, or consideration. 20.11 Waiver. Any waiver by either Party of any one or more of the covenants, conditions, or provisions of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or any covenant, condition, or provision of this Agreement. Nothing in this Agreement shall be interpreted to constitute a release of the responsibility and liability of CONSULTANT, its employees, sub-contractors, agents, and sub-consultants for the accuracy and competency of their designs, working drawings, construction documents, technical specifications or other documents and works, nor shall any approval by the CITY be deemed to be an assumption of such responsibility by the CITY for a defect or omission in designs, construction documents, technical specifications or other documents prepared by CONSULTANT, its employees, agents or subcontractors. 20.12 Remedies. No remedy conferred upon any Party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy granted by this Agreement or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy shall preclude any other or further exercise thereof. 465 RFQ NO. 25-018Q CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT A-58 20.13 Notice. Whenever any Party desires to give notice unto any other Party, it must be given by written notice, sent by certified United States mail, with return receipt requested, addressed to the Party for whom it is intended and the remaining Party, at the places last specified, and the places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. For the present, CONSULTANT and CITY designate the following as the respective places for giving of notice: CITY: Daniel Dugger, City Manager City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, FL 33435 Telephone No. (561) 742-6000 CONSULTANT: _________________________. _________________________. _________________________. _________________________. _________________________. 20.14 Binding Authority. Each person signing this Agreement on behalf of either Party individually warrants that he or she has full legal power to execute this Agreement on behalf of the Party for whom they are signing and to bind and obligate such Party with respect to all provisions contained in this Agreement. 20.15 Headings. Headings herein are for convenience of reference only and shall not be considered on any interpretation of this Agreement. 20.16 Exhibits. Each exhibit referred to in this Agreement forms an essential part of this Agreement. The exhibits, if not physically attached, should be treated as part of this Agreement and are incorporated herein by reference. 20.17 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. 20.18 Extent of Agreement; Conflicts. This Agreement represents the entire and integrated agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or agreements, either written or oral. In the event of any conflict or ambiguity by and between this Agreement, the RFQ, and any exhibits, the provisions shall be given precedence in the following order: (1) This Agreement, (2) Exhibit A, (3) Exhibit C, (4) the RFQ, and (5), Exhibit B. 20.19 Attorneys’ Fees. In the event that either Party brings suit for enforcement of this 466 RFQ NO. 25-018Q CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT A-59 Agreement, each Party shall bear its own attorney's fees and court costs, except as otherwise provided under the indemnification provisions set forth herein above. 20.20 Counterparts and Execution. This Agreement may be executed by hand or electronically in multiple originals or counterparts, each of which shall be deemed to be an original and together shall constitute one and the same agreement. Execution and delivery of this Agreement by the Parties shall be legally binding, valid, and effective upon delivery of the executed documents to the other Party through facsimile transmission, email, or other electronic delivery. 20.21 No Third-Party Beneficiaries. The Services to be performed by the CONSULTANT are intended solely for the benefit of the CITY. No person or entity not a signatory to this Agreement shall be entitled to rely on the CONSULTANT's performance of its Services hereunder, and no right to assert a claim against the CONSULTANT by assignment of indemnity rights or otherwise shall accrue to a third Party as a result of this Agreement or the performance of the CONSULTANT's Services hereunder. 20.22 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. 20.23 Discriminatory Vendor and Scrutinized Companies Lists; 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 Term will remain, in compliance with Section 286.101, Florida Statutes. 20.24 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 this Agreement for cause, and CONSULTANT shall be liable for all costs incurred by CITY due to the termination. 20.25 Limitation of Liability. Notwithstanding any provision of the Agreement to which it is applicable, CITY shall not be liable or responsible to CONSULTANT beyond the amount remaining due to CONSULTANT under this Agreement, regardless of whether said liability be based in tort, contract, indemnity, or otherwise; and in no event shall CITY be liable to CONSULTANT for punitive or exemplary damages or lost profits or consequential damages. 467 RFQ NO. 25-018Q CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT A-60 20.26 Consultant Certifies That The Following Does Not Apply To Their Firm: Pursuant to Section 287.133(2)(a), F.S., a person or affiliate, as defined in Section 287.133(1), F.S., 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 CONSULTANT supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any pub lie entity in excess of thirty-five thousand dollars ($35, 000) for a period of thirty-six (36) months following the date of being placed on the convicted vendor list. By executing this Agreement, the Subrecipient represents and warrants that neither it nor any of its affiliates are currently on the convicted vendor list. Pursuant to Section 287.134(2)(a), F.S., an entity or affiliate, as defined in Section 287.134(1), who has been placed on the discriminatory vendor list 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 CONSULTANT, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity. By executing this Agreement, the Subrecipient represents and warrants that neither it nor any of its affiliates is currently on the discriminatory vendor list. SIGNATURE PAGE FOLLOWS 468 RFQ NO. 25-018Q CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT A-61 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. DATED this _____ day of ________________________________________, 20____. CITY OF BOYNTON BEACH _________________________________ __________________________________ Daniel Dugger, City Manager (Authorized Official Name), (CONSULTANT) __________________________________ Print Name of Authorized Official __________________________________ Title (Corporate Seal) Attest/Authenticated: _______________________________ Witness _______________________________ Print Name Approved as to Form: ________________________________ Shawna G. Lamb, Office of the City Attorney Attest/Authenticated: _______________________________ Maylee De Jesus, City Clerk 469 RFQ NO. 25-018Q CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT A-62 CORPORATE ACKNOWLEDGEMENT STATE OF _________________) COUNTY OF _________________) The foregoing instrument was acknowledged before me by means of □ physical presence or □ online notarization, this _____________day of _______, 20__, by __________________., on behalf of ________________________. a Florida Corporation. He/she is personally known to me or has produced ____________ as identification. ________________________________________ NOTARY PUBLIC _________________________________________ (Name of Notary Typed, Printed or Stamped) ___________________________________ Title or Rank ___________________________ Serial number, if any 470 RFQ NO. 25-018Q CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT A-63 EXHIBIT 1 TASK ORDER TEMPLATE CITY OF BOYNTON BEACH __________ Services Task Order Task Order No. _____ Consultant: _______________________ Contract No. _____________ 1. Task/Project Phase. _____________(Insert title and brief description)_______________________________ 2. Detailed Scope of Professional Services. A detailed scope of services under this Task Order, in accordance with the phases of service detailed in the Agreement, is attached as Exhibit ____. 3. Deliverables and Schedule. Consultant shall deliver to the City the deliverables specified at the time indicated on the attached Exhibit ____. 4. Compensation. The total Fee to be paid to Consultant under this Task Order shall not exceed _______________________, based on the hourly rates currently in effect under the Agreement. A detailed fee schedule is attached as Exhibit ______. The payment schedule (based on deliverables) is attached as Exhibit ______. 5. Agreement Reference. This Task Order shall be performed under the terms and conditions described within the ______________________ Agreement, dated ________________________, 20____, by and between the City of Boynton Beach and __________________ (“Consultant”), Contract No. _____. 6. Insurance. Consultant shall maintain insurance coverages in accordance with the Agreement and hereby confirms that Certificate(s) of Insurance evidencing current policies meeting the requirements of the Agreement are on file with the City as of the date of this Task Order. 7. Exhibits. All attached Exhibits are incorporated fully into this Task Order and the Agreement. 8. Notice to Proceed. ☐ If checked, Consultant’s receipt of a fully-executed copy of this Task Order shall serve as the Notice to Proceed under this Task Order, effective as of the date the fully-executed Task Order was emailed to the Consultant. ☐ If checked, Consultant shall commence Services under this Task Order as specified in a forthcoming Notice to Proceed. 471 RFQ NO. 25-018Q CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT A-64 CONSULTANT: CITY OF BOYNTON BEACH By: ________________________________ By: _________________________________ Daniel Dugger, City Manager Print Name: ________________________ Date: _______________________, 20___ Date: _______________________, 20___ Attest: _____________________________ City Clerk City Attorney’s Office Approved as to form and legality By: __________________ 472 RFQ NO. 25-018Q CHAPEL HILL DRAINAGE IMPROVEMENT PROJECT ATTACHMENTS 473 RFQ No. 25-018Q Chapel Hill Drainage Improvement Project Insurance Advisory – Attachment A IA - 1 ATTACHMENT “A” City of Boynton Beach Risk Management INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of “B+” or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of Consultant) The following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED General Liability General Aggregate $ 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners & Contractor's Protective (OCP) Personal & Adv. Injury $ 1,000,000.00 Asbestos Abatement Each Occurrence $ 1,000,000.00 Lead Abatement Fire Damage (any one fire) $ 50,000.00 Broad Form CONSULTANTs Med. Expense (any one person) $ 5,000.00 Premises Operations Underground Explosion & Collapse Products-Completed Operations Contractual Independent Contractors Fire Legal Liability Professional Liability Aggregate - $1,000,000.00 Automobile Liability Combined Single Limit $ 1,000,000.00 Any Auto All Owned Autos Hired Autos Non-Owned Autos Property: Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost Installation Floater Limits based on Project Cost Other - As Risk Identified to be determined Revised 04/2021 Excess Liability Umbrella Form Each Occurrence Aggregate to be determined to be determined Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 1,000,000.00 Disease, Policy Limit $ 1,000,000.00 Disease Each Employee $ 1,000,000.00 474 RFQ No. 25-018Q Chapel Hill Drainage Improvement Project Performance Evaluation Form – Attachment B PE - 1 ATTACHMENT “B” SAMPLE PERFORMANCE EVALUATION QUESTIONNAIRE (FOR INFORMATIONAL PURPOSES ONLY) Instructions: Performance evaluations may be completed by the Project Manager for the following: (1) all Contracts; (2) all individual Task Orders/Work Orders. Task Orders/Work Orders/Purchase Orders with a term of six (6) months or more at a minimum, the Project Manager shall complete performance evaluations at the mid-point of the project term or at more frequent intervals as required by the Task Order/Work Order/Purchase Order and at the time of Task Order/Work Order/Purchase Order or Contract completion. It is especially important for the Project Manager to contact a Procurement representative to advise of any performance issues so that Procurement can assist with efforts to bring performance back to acceptable standards. It is equally important to complete this form whenever any of the performance indicators are either “marginal” or “unsatisfactory” even when this is not within the normal review cycle. In the event the Average Rating Score is “marginal” or “unsatisfactory” even after reasonable efforts have been taken by the City to improve performance, the Project Manager shall coordinate with Procurement to determine what action needs to be taken under the circumstances. When completed, forward the evaluation form to Procurement. Procurement will keep track of the Average Rating Scores (Line 11) for all evaluations completed for the entire term of the Contract, Task Order, and Work Order. The completed Performance Evaluation form will be retained in Procurement and will be available as a record of current performance for use in the evaluation process of future solicitations released by the District. The completed evaluation is available to the contractor upon a Public Records request pursuant to Chapter 119, F.S. Contract/Work Order No. Consultant Evaluation Period Interim Final Project Title If evaluating under a work order contract, specify type Check the appropriate ratings for Lines 1 through 8. Sum the individual ratings, by column, to produce the Individual Column Ratings on Line 9. Sum the Individual Column Ratings in Line 9 to produce the Total Rating Score on Line 10. Divide the Total Rating Score in Line 10 by the number 8 (the number of performance indicators in Lines 1-8) to produce the Average Rating Score in Line 11. Performance Indicators Rating Unsatisfactory Marginal Satisfactory Very Good Exceptional 1. Planning & Approach 1 2 3 4 5 2. Staff Capability 1 2 3 4 5 3. Staff Effectiveness 1 2 3 4 5 4. Flexibility in Meeting City’s Goals 1 2 3 4 5 5. Promptness of Deliverables/Milestones/Reports 1 2 3 4 5 6. Report and Drawings Quality 1 2 3 4 5 7. Quality of Work Completed 1 2 3 4 5 8. Contract Under or at Budgeted Cost and Invoicing Procedures 1 2 3 4 5 9. Individual Column Rating (Total lines 1-8.) 10. Total Rating Score (Total row 9.) 11. Average Rating Score (Divide line 10 by the number 8.) 475 RFQ No. 25-018Q Chapel Hill Drainage Improvement Project Performance Evaluation Form – Attachment B PE - 2 In Lines 12 through 21, provide any additional detail, as deemed necessary, to support the ratings given in Lines 1 through 8 as well as any additional comments regarding Sub- consultant/sub-Consultant utilization on Line 20. Additional space is available on Line 22 if needed. 1. Current tasks completed and/or deliverables received? If no, reason: Yes No 2. Current work completed ahead/on schedule? If no, number of days late: and reason: Yes No 3. Contract currently under/at budgeted cost? If not at budget, specify amount over $ and reason: Yes No 4. Consultant strengths: 5. Consultant weaknesses: 6. Specific problems incurred: 7. How may these have been prevented? 8. Additional comments/recommendations: 9. Comments on sub-Consultant utilization: 10. Currently recommend firm for future contracts, task orders, and/or work orders of this type? If “No” or “Possibly”, an explanation must be Yes Project Manager (sign) Date Department Administrator (sign) Date No 11. Please indicate any additional comments corresponding to Performance Indicators (Lines 1-8) on Page 1 – explain marginal/unsatisfactory performance; if either “No” or “Possibly” apply to Question 21, an explanation must be provided here. Additional sheets may be attached if necessary. Number Remarks # # CONTRACT REVIEW/PROCUREMENT USE ONLY Please indicate any additional comments corresponding to the numbered question on Page 1 and/or Page 2: Number Remarks # # Evaluation Number/Score: Comments: Running Average Score: Procurement Representative (sign) Date Other Required Approval (sign) Date 476 Specifications Certification Included Included Included Included Included Included Confirmation of Minority Owned Business No No Yes No No Yes Local Business Status Certification No No No No No No E-Verify Compliance Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Scrutinized Companies List Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Vendor Drug-Free Workplace Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Qualification Statement Included Included Included Included Included Included References Yes - (3)Yes - (3)Yes - (3)Yes - (3)Yes - (3)Yes - (3) SubContractor Form Yes - (3)Yes - (3)Yes - (2)Yes - (3)Yes - (5)Yes - (3) Conflict of Interest No No No No No No Addendum 1/2/3/4 Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Acknowledged Letter of Interest Included Included Included Included Included Included Standard Form 330 (Parts I and II)Included Included Included Included Included Included Certified Minority Business Enterprise Sub-Consultant Sub-Consultant Primary None Sub-Consultant Primary Offeror's Qualifications Included Included Included Included Included Included Willingness to Meet budget and Timeline Included Included Included Included Included Included Location Included Included Included Included Included Included Financial Information Included Included Included Included Included Included Current and Projected Workload Included Included Included Included Included Included Past Performance Included Included Included Included Included Included Proposal's Qualification Statement Included Included Included Not included - not required Included Not included - not required Non-Collusive Affidavit Included Included Included Included Included Included Scrutinized Companies Affidavit Included Included Included Included Included Included Foreign Entity Ownership Affidavit Included Included Included Included Included Included Anti-Human Trafficking Affidavit Included Included Included Included Included Included Proof of State Certified or County Competency Included Included Included Included Included Included Certificate of Insurance Included Included Included Included Included Included W-9 Form Included Included Included Included Included Included Antikickback Affidavit Included Included Included Included Included Included E-Verify Form Included Included Included Included Included Included Licenses/Certifications Florida dbpr Engineering Business Registry - Current, Professional Engineer Rebecca M. Travis PE40988 Exp. 2/28/27, Professional Engineer Jeffrey G. Hiscock PE43984 Exp. 2/28/27, Professional Engineer Sira J. Prinyavivatkul PE64655 Exp. 2/28/27, Professional Engineer Eric Rush PE67654 Exp. 2/28/27, Professional Engineer Davis James Cowan Jr. PE85285 Exp. 2/28/27, Professional Engineer Arthur Jake Hurley PE90674 Exp. 2/28/27, Professional Engineer Megan E. Berg PE86861 Exp. 2/28/27, Professional Engineer Alexis Renee Shotton PE96786 Exp. 2/28/27, PBC LBTR # 201013061 for Baxter and Woodman Inc Exp. 9/30/25, State of Illinois Licensed Professional Engineer Zachery T. Schuster Lic. 062.074493 Exp. 11/30/25, Envision Sustainability Professional: Mary Travis Exp. 12/8/25, David Cowan Exp. 12/20/25, Ipek Aktuglu Exp. 10/25/25, Sub-Consultants: Ritzel Mason Inc. - PBC OEBO certified for Mapping Services, Digitized, Cartography; Surveyor Services, Land; Utility Locator Services (Underground) Exp. 4/9/25, Professional Surveyor and Mapper License Clyde R. Mason III Lic No. LS6905 Exp. 2/28/27, Professional Surveyor and Mapper License Ritzel Mason Inc. Lic No. LB8265 Exp. 2/28/27, Professional Surveyor and Mapper License Dennis A. Ritzel Lic No. LS6953 Exp. 2/28/27, Professional Engineer Larry M. Smith PE45997 Exp. 2/28/27, Smith Enginnering Consultant Inc. - PBC OEBO certified for Electrical Engineering, Engineering Consulting, Mechanical Engineering Exp. 1/26/28, Engineering Business Registry - Current, Minority Business Enterprise Certificate Pacifica Engineering Services LLC Exp. 8/9/27 Florida dbpr Professional Engineer Matthew V. Kahn PE82227 Exp. 2/28/27, William C. Roberts PE96781 Exp. 2/28/27, Robert H. Templeton PE71564 Exp. 2/28/27, John F. Wheeler PE25478 Exp. 2/28/27, Ryan D. Wheeler PE71477 Exp. 2/28/27, Professional Surveyor and Mapper License Caulfied & Wheeler Lic No. LB3591 Exp. 2/28/27, Professional Surveyor and Mapper License David E. Rohal Lic No. LS4315 Exp. 2/28/27, Professional Surveyor and Mapper License David P. Lindley Lic No. LS5005 Exp. 2/28/27, Professional Surveyor and Mapper License Jeffrey R. Wagner Lic No. LS5302 Exp. 2/28/27, Professional Surveyor and Mapper License Owen M. Riggs Lic No. LS6967 Exp. 2/28/27, Professional Surveyor and Mapper License Ronnie L. Furniss Lic No. LS6272 Exp. 2/28/27, Professional Surveyor and Mapper License Scott M. Pirtle Lic No. LS5630 Exp. 2/28/27, Sub- Consultants: GFA International Inc - Current, Professional Engineer Estela G. Leon Aguilar PE83307 Exp. 2/28/27, JFO Group, Inc. - Current, Professional Engineer PE63422 Exp. 2/28/27, Small/Minority Business Enterprise for JFO Group Inc Exp. 2/20/27, Ritzel-Mason Inc. - Current, Professional Surveyor and Mapper License Clyde R. Mason III Lic No. LS6905 Exp. 2/28/27, Professional Surveyor and Mapper License Ritzel Mason Inc. Lic No. LB8265 Exp. 2/28/27, Professional Surveyor and Mapper License Dennis A. Ritzel Lic No. LS6953 Exp. 2/28/27 Florida dbpr Engineering Business Registry - Current, Professional Engineer Stephen C. Smith PE48914 Exp. 2/28/27, Professional Engineer Orlando A. Rubio PE48265 Exp. 2/28/27, Professional Engineer Frank Vilar PE55459 Exp. 2/28/27, Professional Engineer Daniel E. Shonk PE90263 Exp. 2/28/27, Professional Engineer Priscilla Morales Cygielnik PE 64672 Exp. 2/28/27, Professional Surveyor and Mapper License Craig A. Smith & Associates LLC Lic No. LB3110 Exp. 2/28/27, Professional Surveyor and Mapper License Robert D. Keener Lic No. LS4846 Exp. 2/28/27, Professional Surveyor and Mapper License William D. Kalbach Jr. Lic No. LS4998 Exp. 2/28/27, Sub-Consultants: Radise International LC - Current, Smith Engineering Consultants Inc - Current. Florida dbpr Scott D. Hinrichs PE67810 Exp. 2/28/27, Nelson H. Ortiz PE57556 Exp. 2/28/27, Michael G. Lewis PE92120 Exp. 2/28/27, Peter N. Siedle PE59493 Exp. 2/28/27, Eugene F. Lozano PE20705 Exp. 2/28/27, Victor L. Granados PE57464 Exp. 2/28/27, Jose R. Lizasoain PE60785 Exp. 2/28/27, Alexander H. Parrish PE87322 Exp. 2/28/27, Sub-Consultants: Professional Surveyor and Mapper License Raul De Jesus Izquierdo Lic No. LS6099 Exp. 2/28/27, Professional Surveyor and Mapper License Alexis Rodriguez Lic No. LS7179 Exp. 2/28/27, Raj Krishnasamy PE 53567 Exp. 2/28/27, Ramakumar V. Vedula PE54873 Exp. 2/28/27 Surveyor and Mapper License for Charles R. Schramm Jr Lic No. LS5366 Exp. 2/28/27, Surveyor and Mapper License for Keith and Associates Inc Lic No. LB6860 Exp. 2/28/27, Professional Engineer Michael A. Bassford PE57390 Exp. 2/28/27, Professional Engineer Michael E. Cartossa PE99718 Exp. 2/28/27, Professional Engineer Kelly E. Cranford PE51899 Exp. 2/28/27, Professional Engineer Wesley C. Foster PE83239 Exp. 2/28/27, Professional Engineer Beau Chant Consalvo Gallo PE87310 Exp. 2/28/27, Professional Engineer Jonathan Z. Goldman PE48925 Exp. 2/28/27, Engineering Business Registry for Keith and Associates Inc - Current, Professional Engineer Alexander S. Lazowick PE78625 Exp. 2/28/27, Professional Engineer Brian W. Mack PE46393 Exp. 2/28/27, Professional Engineer Douglas A. Moulton PE58712 Exp. 2/28/27, Professional Engineer Omar Rodriguez Murillo PE94885 Exp. 2/28/27, Professional Engineer Priscilla Davis Sale PE82407 Exp. 2/28/27, Professional Engineer Raji Sayegh PE78700 Exp. 2/28/27, Professional Engineer Jorge Valle Pellot PE77039 Exp. 2/28/27, Professional Engineer Reinaldo J. Villa PE72242 Exp. 2/28/27, Professional Engineer Jonathan P. Weymouth PE52802 Exp. 2/28/27, Florida dbpr Professional Engineer Robert J Behar PE21755 Exp. 2/28/27, Professional Engineer Elmer Cardenas PE62988 Exp. 2/28/27, Professional Engineer Jossmel Cruz Garcia PE97192 Exp. 2/28/27, Professional Engineer Gregory P. Dover PE57684 Exp. 2/28/27, Professional Engineer Hans J. Murzi PE67767 Exp. 2/28/27, Professional Engineer Jerry Piccolo Jr PE22979 Exp. 2/28/27, Professional Engineer Carmelo J. Ramos PE77953 Exp. 2/28/27, Professional Engineer Nestor Santana PE85785 Exp. 2/28/27, Sub-Consultants: Engineering Business Entry for Cardozo Engineering Inc - Current, Professional Engineer Lionel Raya PE79740 Exp. 2/28/27, Engineering Business Entry for HR Engineering Services Inc - Current, Professional Engineer Hernando R. Ramos PE42045 Exp. 2/28/27, Surveyor and Mapper License for Javier E. Bidot & Associates, Corp. Lic No. LB8257 Exp. 2/28/27, Surveyor and Mapper License for Javier E. Bidot Cruz Lic No. LS7111 Exp. 2/28/27, Surveyor and Mapper License for Daniel E. Bidot Betancourt Lic No. LS7317 Exp. 2/28/27, Surveyor and Mapper License for Carlos M. Lebron Lic No. LS7259 Exp. 2/28/27 25-018Q - Chapel Hill Drainage Improvement Project - Overview of Specifications Qualification Package Baxter & Woodman, Inc. Att: Rebecca Travis 1601 Forum Place Ste 400 West Palm Beach, FL 33401 (561) 655-6175 Ext. 7715 rtravis@baxterwoodman.com marketing@baxterwoodman.com Caulfield & Wheeler, Inc Att: Andrew Beckwith, John F.Wheeler 7900 Glades Rd, Suite 100 Boca Raton, FL 33434 (561) 392-1991 andrew@cwiassoc.com john@cwiassoc.com Craig A. Smith & Associates Att: Andrea Cole 1425 E. Newport Center Dr. Deerfield Beach, FL 33064 (561) 314-4445 acole@craigasmith.com ssmith@craigasmith.com Graef-USA Inc. Att: Amy Zimmerman 9200 S. Dadeland Blvd. Ste 230 Miami, FL 33156 (305) 378-5555 amy.zimmerman@graef-usa.com Keith and Associates Att: Alex Lazowick 301 E Atlantic Blvd Pompano Beach, FL 33060 (954) 788-3440 marketing@keithteam.com R.J. Behar & Company, Inc. Att: Dereth Behar 6861 SW 196th Avenue Ste 302 Pembroke Pines, FL 33332 (954) 680-7771 dbehar@rjbehar.com 477 BUDGET ADJUSTMENT (TRANSFER) REQUEST Page 1 of 1 Finance Department Fiscal Period: FY: 24-25 From: Chapel Hill Drainage Improvements - UTL25-018Q Date: 7/28/2025 * Budget Data Only * Expend as of: Adjustment Expenditures Project Present Increase Adjusted &Unencumbered Account Number Description Number Budget (Decrease)Budget Encumbrances Balance 403-5000-533.65-02 West WTP Fluoride System Upgrade WT2406 $464,202 -$464,000 $202 $202 403-5000-533.65-02 EWTP HSP 5 & Improvements WT2316 $785,488 -$236,000 $549,488 $482,931 $66,557 403-5000-538-65-09 Chapel Hill Stormwater Improvements ST2402 $800,000 $700,000 $1,500,000 $0 $1,500,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 * Use Whole Dollars Only TOTALS $2,049,690 $0 $2,049,690 $482,931 $1,566,759 Justification of Transfer: Budget Transfer will be needed in the amount of $464,000 from Utilities CIP Account 403-5000-533-65.02 project WT2406 (West WTP Fluoride System Upgrade) to account # 403-5000-538-65.09 – Project ST2402 (Chapel Hill Stormwater Improvements). Budget transfer will be needed in the amount of $236,000 from Utilities CIP Account 403-5000-533-65.02 project WT2316 (EWTP HSP 5 & Improvements) to account # 403-5000-538.-65.09 – Project ST2402 (Chapel Hill Stormwater Improvements). Updated Account total after Budget Transfer: 403-5000-538-65.09, Project ST2402 (Chapel Hill Stormwater Improvements) in the amount of $1,500,000.00 See attached email & Docs. Approvals:Budget Office Use OnlyDepartment Head:Document # __________ Group # Finance Budget Mgr:Posted By: Finance Director: City Manager: 7/28/2025 12:37 PM S:\Utilities\utilities_div\Utilities Finance\Budget Transfers\Budget Transfer - ST2402 Chapel Hill Drainage Improvements 07-28-2025.xlsx 478 479 480 481 482 483 484 485 486 City of Boynton Beach Agenda Item Request Form 7.D Consent Bids and Purchases 08/19/2025 Meeting Date: 08/19/2025 Proposed Resolution No. R25-222- Approving a Piggyback Agreement with Trane U.S. Inc. for the replacement of (2) DX Packaged AC Units located in the adjacent mechanical housing building at the West Water Treatment Plant and a 20-ton split system at the Utilities Administration Building, for an estimated expenditure of $391,126.72 plus a 10% contingency, for a total expenditure not to exceed $430,239.39. Requested Action: Staff recommends approval of Proposed Resolution No. R25-222. Explanation of Request: Both Utilities Administration Building and West Water Treatment Plant have AC units from pre- 2010 that still use R-410A Freon which was banned in 2020 under the American Innovation and Manufacturing Act (AIM Act) due to its global warming potential. The current AC units are also not energy efficient, having a SEER2 rating of 13.4. To meet ENERGY STAR standards, the minimum SEER2 rating required is 14.5. The proposed new AC units will be ENERGY STAR certified using the Integrated Energy Efficiency Ratio (IEER) rating system. IEER is a performance metric used to measure t h e cooling efficiency of commercial HVAC (Heating, Ventilation, and Air C o n d i t i o n i n g ) systems, particularly under varying load conditions. It provides a more comprehensive assessment of system efficiency compared to single-point efficiency metrics such as SEER. To qualify for EnergyStar, the HVAC system must have a minimum IEER ratin g of 15.2. The proposed new units will have an IEER rating of at least 16. Modern AC units are significantly more energy efficient, reducing electricity consumption and lowering greenhouse gas emissions from power generation. The elimination of non-environmentally friendly refrigerants like R-410A lower the City’s global warming potential and will also reduce the cost of energy bills. This project was approved by the Florida Department of Environmental Protection (FDEP) as a Pollution Prevention (P2) project that the City is required to complete as a condition of the Consent Order, OGC No. 23-1330. The estimated expenditure for replacement and installation of the two AC units in the Utilities Administration building is $275,238.92, including a 10% contingency. 487 The estimated expenditure for replacement and installation of the 2 DX packaged AC units located in the adjacent mechanical housing building at the West Water Treatment Plant is $155,001.00 with a 10% contingency. All prices have been reviewed and verified by a Certified Public Accountant to ensure full compliance with the terms of the Contract. Piggyback contracts significantly benefit the City of Boynton Beach by providing a cost- effective and efficient way to procure goods and services. By leveraging agreements already in place with other governmental entities, the City can avoid the time-consuming and expensive process of issuing its own competitive bids. This allows quicker access to needed resources while often securing more favorable pricing due to the economies of scale achieved through larger contracts. Additionally, piggybacking ensures the City can tap into pre-vetted vendors who have already been thoroughly evaluated, reducing administrative burdens and risks associated with vendor selection. Ultimately, piggyback contracts streamline procurement, save taxpayer money, and improve the efficiency of City operations. How will this affect city programs or services? Approval will enable (AC) units to offer numerous benefits, including significant energy savings, improved indoor air quality, and a chance to resize units for optimal efficiency. This will also contribute to a smaller carbon footprint and enhanced office comfort. Additionally, newer units will require fewer repairs in the future. Commission approval will also satisfy the FDEP requirements for a Pollution Prevention project in lieu of penalties. Budgeted Item: Yes Account Line Item and Description: Utilities CIP Account No. 403-5000-65-02 Project Code WT2507 West Plant AC R Project Code WT2508 Administrative Building A Fiscal Impact: Item is budgeted. If approved, Finance will process the following Budget Transfers for a total estimated expenditure $430,239.39: 403-5000-533-65-02 Admin Building (WT2303) $130,240. 403-5000-536-31.90 Utilities Sustainability and Resiliency Feasibility Studies (US2501) $300,000 Attachments: R25-222 Agenda_Item_3334-2025_Resolution_Piggyback_Agreement_Trane_US.docx Exhibit A to Resolution - Piggyback Agreement - Trane US Inc - 8.8.25.pdf Exhibit B - Proposals.pdf Budget Transfer-Trane AC Replacement 080725.pdf TRANE - COI ending 4-2026.pdf 488 RESOLUTION NO. R25-222 1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 2 BEACH, FLORIDA, APPROVING A PIGGYBACK AGREEMENT WITH 3 TRANE U.S. INC. FOR THE REPLACEMENT OF TWO (2) DX PACKAGED 4 AIR CONDITIONING UNITS LOCATED IN THE ADJACENT MECHANICAL 5 HOUSING BUILDING AT THE WEST WATER TREATMENT PLANT AND 6 A 20-TON SPLIT SYSTEM AT THE UTILITIES ADMINISTRATION 7 BUILDING, FOR AN ESTIMATED EXPENDITURE OF $391,126.72 WITH 8 A 10% CONTINGENCY, FOR A TOTAL EXPENDITURE OF $430,239.39; 9 AND FOR ALL OTHER PURPOSES. 10 11 WHEREAS, both the Utilities Administration Building and the West Water Treatment Plant 12 have air conditioning (“AC”) units from pre-2010 that still use R-410A Freon, which was banned in 13 2020 under the American Innovation and Manufacturing Act (“AIM”) due to its global warming 14 potential; and 15 WHEREAS, the current AC units are also not energy efficient, having a SEER2 rating of 16 13.4, where the minimum SEER2 rating to meet ENERGY STAR standards is 14.5; and 17 WHEREAS, the proposed new AC units will be ENERGY STAR certified using the Integrated 18 Energy Efficiency Ratio (“IEER”) rating system, where IEER is a performance metric used to measure 19 the cooling efficiency of commercial Heating, Ventilation, and Air Conditioning (“HVAC”) systems 20 under varying load conditions; and 21 WHEREAS, the proposed AC units will have an IEER rating of at least 16, will be significantly 22 more energy efficient, will reduce electricity consumption, will lower greenhouse gas emissions 23 from power generation, will eliminate the non-environmentally friendly refrigerants like R-410A, 24 and will reduce the cost of energy bills for the City of Boynton Beach (“City”); and 25 WHEREAS, the replacement project was approved by the Florida Department of 26 Environmental Protection (“FDEP”) as a Pollution Prevention project that the City is required to 27 complete as a condition of Consent Order OGC No. 23-1330; and 28 WHEREAS, on June 15, 2022, Racine County, Wisconsin issued an Invitation for Bid, acting 29 through OMNIA Partners to establish a cooperative purchasing agreement for HVAC products, 30 installation, labor based solutions, and related product and services; and 31 WHEREAS, Racine County, Wisconsin and OMNIA Partners found Trane U.S., Inc. 32 (“Vendor”) to be a responsive, responsible bidder, and awarded it a five (5) year contract 33 489 RESOLUTION NO. R25-222 commencing September 1, 2022, and terminating August 31, 2027, with an option to extend the 34 contract for one (1) additional five (5) year terms, Contract No. 3341, IFB No. RC2022-1011; and 35 WHEREAS, the City is a member of OMNIA Partners Member ID (4002822); and 36 WHEREAS, the requested Piggyback Agreement with the Vendor is necessary to replace 37 the AC units in both the Utilities Administration Building and the West Water Treatment Plant; 38 and 39 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 40 best interests of the City's citizens and residents to approve the Piggyback Agreement with the 41 Vendor for the replacement of the two AC Units located at the Utilities Administration Building 42 and at the West Water Treatment Plant, for a total estimated expenditure of $430,239.39. 43 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 44 BEACH, FLORIDA, THAT: 45 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 46 being true and correct and are hereby made a specific part of this Resolution upon adoption. 47 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 48 approve the Piggyback Agreement between Vendor and the City for the replacement of the two 49 AC Units located at the Utilities Administration Building and at the West Water Treatment Plant, 50 for a total estimated expenditure of $430,239.39 in form and substance similar to that attached 51 as Exhibit A. 52 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 53 authorizes the Mayor to execute the Piggyback Agreement. The Mayor is further authorized to 54 execute any ancillary documents required under the Agreement or necessary to accomplish the 55 purposes of the Agreement, including any term extensions as provided in the Agreement, 56 provided such documents do not modify the financial terms or material terms. 57 SECTION 4. The City Clerk shall retain the fully executed Piggyback Agreement as a 58 public record of the City. A copy of the fully executed Piggyback Agreement shall be provided to 59 Howard Kerr to forward to the Vendor. 60 SECTION 5. This Resolution shall take effect in accordance with the law. 61 62 490 RESOLUTION NO. R25-222 PASSED AND ADOPTED this ______________ day of ______________________________ 2025. 63 64 CITY OF BOYNTON BEACH, FLORIDA 65 YES NO 66 Mayor – Rebecca Shelton _____ _____ 67 68 Vice Mayor – Woodrow L. Hay _____ _____ 69 70 Commissioner – Angela Cruz _____ _____ 71 72 Commissioner – Aimee Kelley _____ _____ 73 74 Commissioner – Thomas Turkin _____ _____ 75 76 VOTE ______ 77 ATTEST: 78 79 _____________________________ ______________________________ 80 Maylee De Jesús, MPA, MMC Rebecca Shelton 81 City Clerk Mayor 82 83 APPROVED AS TO FORM: 84 (Corporate Seal) 85 86 _______________________________ 87 Shawna G. Lamb 88 City Attorney 89 491 Piggyback Contract – Trane U.S. Inc. 1 PIGGYBACK AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND TRANE U.S. INC. This Piggyback Agreement is made as of this __ day of _____________, 2025, by and between Trane U.S. Inc., a North Carolina corporation, with a principal address of 800 Beaty Street, Davidson, NC 28036-6924 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 June 15, 2022, Racine County, Wisconsin (Lead State) issued an “Invitation for Bid” (IFB), acting by and through OMNIA Partners to establish a cooperative purchasing agreement for HVAC Products, Installation, Labor Based Solutions, and Related Product and Services; and WHEREAS, Racine County and OMNIA Partners found Trane U.S., Inc. (“Vendor”) to be a responsive, responsible bidder, and awarded it a five (5) year contract commencing September 1, 2022, and terminating August 31, 2027, with an option to extend the contract for one (1) additional five (5) year terms, Contract No. 3341, IFB No. RC2022-1001 (“Master Agreement”); and WHEREAS, the City of Boynton Beach is a member of OMNIA Partners Member ID (4002822); and WHEREAS, OMNIA Partners instituted a cooperative purchasing program under which member Participating Agencies may reciprocally utilize competitively solicited Master Agreements awarded by the Principal Procurement Agency, a copy of the Master Agreement is attached hereto as Exhibit “A”; 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 comply with the FDEP Consent Order through the completion of the AC Replacement Project for the Utilities Administrative Building and the West Water Treatment Plant, the City’s Utilities Department is requesting the City enter into a Piggyback Agreement with the Vendor for the procurement and installation of the necessary HVAC systems; and 492 Piggyback Contract – Trane U.S. Inc. 2 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: 493 Piggyback Contract – Trane U.S. Inc. 3 AGREEMENT 1. The foregoing recitals are true and correct and are hereby incorporated in this Agreement. 2. TERM: The term of this Agreement commences on full execution by the parties and will remain in effect until August 31, 2027. The Agreement may be renewed for one (1) additional three-year term. The Mayor is authorized to execute any renewal amendments. The initial term and any subsequent renewals of this Agreement are subject to the renewal or extension of the Master Agreement. If the Master Agreement expires or is terminated during the Term, this Agreement shall terminate no later than six months after such expiration or termination of the Master Agreement. 3. CONTRACT TERMS: The Vendor shall complete the Services on the same terms and in the same manner as set forth in the Master Agreement, except as otherwise provided herein. All recitals, representations, and warranties of Vendor made by Vendor in the Master Agreement are restated as if set forth fully herein, made for the benefit of the City, and incorporated herein, except that all references to the “Racine County, Wisconsin” are hereby replaced with the “City of Boynton Beach.” The City shall compensate the Vendor pursuant to the rates set forth in the Master Agreement for the Services in an amount not to exceed Three Hundred Ninety-One Thousand One Hundred Twenty-Six Dollars and Seventy- Two Cents ($391,126.72), plus ten percent (10%) or $ 39,112.67 contingency to account for any unforeseen conditions only approved by the City Manager. A copy of the Vendor’s estimates for the services is attached hereto as Exhibit “B” and incorporated herein by this reference. 4. NOTICES: All Notices to the City shall be in writing by certified mail return receipt requested, or customarily used overnight transmission with proof of delivery, sent to: City: Daniel Dugger, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 / Facsimile: (561) 742-6090 Copy: Shawna G. Lamb, City Attorney City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 / Facsimile: (561) 742-6090 5. INVOICES AND PAYMENT: Invoices must identify the PO number and should be mailed to: Boynton Beach Finance Department Attn: Accounts Payable P.O. Box 310 Boynton Beach, FL 33425. 494 Piggyback Contract – Trane U.S. Inc. 4 Invoices shall show the nature of the service and dates(s) of service. Invoices based on hourly rates shall show the actual hours worked, person performing services, nature of the service, hourly rate, and dates(s) of service. Invoices may be submitted no more frequently than monthly. However, all services rendered prior to September 30th of any given year are required to be invoiced by September 30th of that year. Vendor shall provide W-9 with first invoice. The fee shall be paid based on receipt of a proper invoice in accordance with the invoice schedule indicated above. Payment will be made within 45 days of receipt of a proper invoice in accordance with the Local Government Prompt Payment Act, Section 218.70, et al., Florida Statutes. No payment made under this Agreement shall be conclusive evidence of the performance of this Agreement by Vendor, either wholly or in part, and no payment shall be construed to be an acceptance of or to relieve Vendor of liability for the defective, faulty, or incomplete rendition of the Services. 6. TAX EXEMPT: Prices applicable to City do not include applicable state and local sales, use, and related taxes. The City is exempt from state and local sales and use taxes and shall not be invoiced for the same. Upon request, City will provide Vendor with proof of tax- exempt status. 7. SOVEREIGN IMMUNITY: Nothing contained in this Agreement nor contained herein shall be considered nor construed to waive City’s rights and immunities under the common law or section 768.28, Florida Statutes, as may be amended. 8. ATTORNEY’S FEES: In the event that either Party brings suit for enforcement of the Agreement, each Party shall bear its own attorney's fees and court costs. 9. PUBLIC RECORDS: Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is a public agency subject to Chapter 119, Florida Statutes. The Vendor shall comply with Florida’s Public Records Law. Specifically, the Vendor shall: A. Keep and maintain public records required by the City to perform the service; B. Upon request from the City’s custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Vendor shall destroy all copies of such confidential and exempt records remaining in its possession once the Vendor transfers the records in its possession to the City; and 495 Piggyback Contract – Trane U.S. Inc. 5 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. 12. DISPUTES: Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 496 Piggyback Contract – Trane U.S. Inc. 6 13. EXECUTION OF THE AGREEMENT: This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts, which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes. Each person signing this Agreement on behalf of either Party individually warrants that he or she has full legal power to execute the Addendum on behalf of the Party for whom he or she is signing and to bind and obligate such Party with respect to all provisions contained in this Agreement 14. TERMINATION FOR CONVENIENCE: This Agreement may be terminated by the City for convenience upon fourteen (14) calendar days of written notice by the terminating party to the other party for such termination in which event the Vendor shall be paid its compensation for services performed to the termination date, including services reasonably related to termination. In the event that the Vendor abandons the Agreement or causes it to be terminated, the Vendor shall indemnify the City against loss pertaining to this termination. 15. TERMINATION FOR CAUSE: In addition to all other remedies available to City, this Agreement shall be subject to cancellation by City for cause, should Vendor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) calendar days’ after receipt by Vendor of written notice of such neglect or failure. 16. INDEMNIFICATION: Vendor shall indemnify and hold harmless the City, its elected and appointed officers, agents, assigns and employees, consultants, separate Vendors, any of their subcontractors, or sub-subcontractors, from and against claims, demands, or causes of action whatsoever, and the resulting losses, damages, costs, and expenses, including but not limited to attorneys’ fees, including paralegal expenses, liabilities, damages, orders, judgments, or decrees, sustained by the City arising out of or resulting from (A) Vendor’s performance or breach of Agreement, (B) acts or omissions, negligence, recklessness, or intentional wrongful conduct by Vendor’s, its agents, employees, subcontractors, participants, and volunteers, and (C) Vendor’s failure to take out and maintain insurance as required under this Agreement. Vendor’s shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits, or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys’ fees which may issue thereon. The obligations of this section shall survive indefinitely regardless of termination of the Agreement. 17. INSURANCE: At the time of execution of this Agreement, Vendor shall provide the City with a copy of its Certificate of Insurance reflecting the insurance coverage required by the Master Agreement. The Certificate of Insurance shall name the City of Boynton Beach, and its officers, employees and agents as an additional insured. 18. LIMITATION OF LIABILITY: Notwithstanding any provision of the Agreement to which it is applicable, City shall not be liable or responsible to Vendor beyond the amount remaining due to Vendor under the Agreement, regardless of whether said liability be based in tort, contract, indemnity or otherwise; and in no event shall City be liable to Vendor for punitive or exemplary damages or for lost profits or consequential damages. 19. NO SPECIAL DAMAGES. In no event shall either Party be liable to the other for any 497 Piggyback Contract – Trane U.S. Inc. 7 special damages, speculative damages, indirect, special, incidental, consequential, loss of profits, or other damages or losses of any kind whatsoever, no matter what the cause. 20. 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. 21. 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. 22. 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. 23. 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. 24. 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. 25. 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. 26. ANTI-HUMAN TRAFFICKING. On or before the Effective Date of this Agreement, Vendor shall provide City with an affidavit attesting that the Vendor does not use coercion for labor or services, in accordance with Section 787.06(13), Florida Statutes. Signature Page to follow 498 Piggyback Contract – Trane U.S. Inc. 8 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY OF BOYNTON BEACH, FLORIDA TRANE U.S. INC. _________________________________ ________________________________ Rebecca Shelton, Mayor Approved as to Form: __________________________________ (Signature), Trane U.S., Inc. ________________________________ 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 Sedia Trera Savanna Olson South Florida Service Leader 499 Piggyback Contract – Trane U.S. Inc. 9 EXHIBIT “A” AGREEMENT BETWEEN RACINE COUNTY, WISCONSIN AND TRANE U.S. INC. 500 Piggyback Contract – Trane U.S. Inc. 10 EXHIBIT “B” VENDORS PROPOSAL 501 July 24,2025 To Whom It May Concern: We have completed our review of proposal H4-123128-25-002A. We confirm that the following components of the proposal are in accordance with Trane contract #3341: •Equipment discount rates •Hourly labor rates •Materials margin rate Our procedures were limited solely to confirming the aforementioned components of proposal number H4-123128-25-002A were in agreement with Trane contract #3341. We did not review any other components of this proposal. This report is intended solely for the information and use of OMNIA Partners, Trane,and City of Boynton Beach. This report is not intended to be, and should not be, used by anyone other than those specified parties. HeimLantz CPAs and Advisors, LLC Annapolis, MD 502 City of Boynton Beach - Utilities Admin - Replace (2) 20T SS Pro ID: 8137539 © 2025 Trane. All Rights Reserved. Confidential and Proprietary Information of Trane July 21, 2025 City of Boynton Beach – Utilities Admin Bldg. 124 E. Woolbright Rd Boynton Beach, FL 33435 Attention: Howard Kerr Re: City of Boynton Beach - Utilities Admin - Replace (2) 20T SS Trane is pleased to offer this proposal to install two customer-provided 20-ton split systems at the above- referenced site. This proposal reflects a “Turnkey Project” and includes the necessary: Equipment, Materials, Installation Labor, Subcontracts, Project Management and Supervision. Start-up of the new split systems will be performed by factory certified technician upon completion with applicable factory warranties. We have excluded permit fees, and they will be passed through upon completion. Our pricing and proposal is further defined by the following equipment and installation, scope of work. Equipment Scope: Customer Supplied Equipment Base Installation Scope: 1. During an agreed upon time, Trane will shut down and electrically tag-out the existing equipment and components to be removed. 2. Mechanically and electrically disconnect the existing (2) Split Systems being replaced and prepare for removal. 3. Remove and properly dispose of the existing equipment, condensers and air handlers, refrigerant and associated material, or debris, per current EPA guidelines. 4. Provide engineering drawing with wind load and tie down details. 5. Install (2) new customer provided 20-T Trane Split Systems. 6. Install new AHUs in the same location as the existing. 7. Fabricate and install new ductwork where needed and connect to new AHUs. 8. Install new fresh air dampers and actuators. 9. Install customer provided Duct Heaters. 10. Install new CU in the same location as the existing. 11. Reuse existing refrigerant lines and extend with new where needed along with new fittings. 12. Insulate refrigerant lines where disturbed. 13. Connect existing power to new condensers and air handlers. 14. Connect new Split Systems to existing power supply. 15. Pressurize and perform hold test on newly installed split systems to ensure integrity. 16. Charge split systems with virgin refrigerant. 17. Start up and equipment commissioning of new system to be performed by Trane Factory Certified Technician, upon completion of the installation. 18. Provide stand-alone thermostat control. 19. One year warranty on new parts and labor. Not Included: ➢ Permits fees of any kind. ➢ After hours labor, all work to be completed during normal business hours – unless add option accepted. ➢ Replacement or relocation of electrical breakers, disconnects, or wires – assumed to be code compliant Trane U.S. Inc. 6965 Vista Parkway North West Palm Beach, Florida 33411 Phone: (561) 683-1521 License CAC# 0023485 P r o p o s a l I D : # 3 1 7 4 7 9 7 L i c e n s e N u m b e r C A C # 0 0 2 3 4 8 5 P r o p o s a l I D : # 3 1 7 4 7 9 7 503 City of Boynton Beach - Utilities Admin - Replace (2) 20T SS Pro ID: 8137539 © 2025 Trane. All Rights Reserved. Confidential and Proprietary Information of Trane ➢ Engineering – other than mentioned above ➢ Controls components, integration, graphics or programming other than mentioned above ➢ Any fire alarm related controls, piping, wiring, components, smoke detectors, permits, associated labor, or other fire protection of any kind. ➢ Any changes or additions to the scope of work as described above. Pricing: Price for base installation labor and materials as outlined in installation scope………...… $137,525.00. Add Price for After Hours Labor…………………………………..$14,786 ____ **Please initial for acceptance of add price** The pricing outlined above is based upon OMNIA Contract Racine# 3341 Quote # H4-123128-25-002A Thank you for giving Trane this opportunity and feel free to contact me at any time with questions or concerns. Sincerely, Jerry Shugart Amar Sukhai Senior Account Manager Services Turnkey Account Manager Trane This proposal is valid for 60 days from the date of proposal. This agreement is subject to the attached Trane Terms and Conditions CUSTOMER ACCEPTANCE Authorized Representative Printed Name Title Purchase Order Acceptance Date License Number: CAC#0023485 504 City of Boynton Beach - Utilities Admin - Replace (2) 20T SS Pro ID: 8137539 © 2025 Trane. All Rights Reserved. Confidential and Proprietary Information of Trane TERMS AND CONDITIONS – QUOTED SERVICE 1-10.48 (0225) “Company” shall mean Trane U.S. Inc. for Company performance in the United States and Trane Canada ULC for Company performance in Canada. To obtain repair service within the scope of Services as defined, contact your local Trane District office identified on the first page of the Agreement by calling the telephone number stated on that page. That Trane District office is responsible for Company’s performance of this Agreement. Only Trane authorized personnel may perform service under this Agreement. For Service covered under this Agreement , Company will be responsible for the cost of transporting a part requiring service. 1. Agreement. These terms and conditions are an integral part of Company’s offer and form the basis of any agreement (the “Agreement”) resulting from Company’s proposal (the “Proposal”) for the services (the “Services”) on equipment listed in the Proposal (the “Covered Equipment”). COMPANY’S TERMS AND CONDITIONS ARE SUBJECT TO PERIODIC CHANGE OR AMENDMENT. 0. Connected Services. In addition to these terms and conditions, the Connected Services Terms of Service (“Connected Services Terms”), available at https://www.trane.com/TraneConnectedServicesTerms, as updated from time to time, are incorporated herein by reference and shall apply to the extent that Company provides Customer with Connected Services, as defined in the Connected S ervices Terms. 2. Acceptance. The Proposal is subject to acceptance in writing by the party to whom this offer is made or an authorized agent (“Customer”) delivered to Company within 30 days from the date of the Proposal. If Customer accepts the Proposal by placing an order, without the addition of any other terms and conditions of sale or any other modification, Customer’s order shall be deemed acceptance of the Proposal subject to Company’s terms and conditions. If Customer’s order is expressly conditioned upon the Company’s acceptance or assent to terms and/or conditions other than those expressed herein, return of such order by Company with Company’s terms and conditions attached or referenced serves as Company’s notice of objection to Customer’s terms and as Company’s counteroffer to provide Services in accordance with the Proposal. If Customer does not reject or object in writing to Company within 10 days, the Company’s counteroffer will be deemed accepted. Customer’s acceptance of the Services by Company will in any event constitute an acceptance by Customer of Company’s terms and conditions. In the case of a dispute, the applicable terms and conditions will be those in effect at the time of delivery or acceptance of the Services. This Agreement is subject to credit approval by Company. Upon disapproval of credit, Company may delay or suspend performance or, at its option, renegotiate prices and/or terms and conditions with Customer. If Company and Customer are unable to agree on such revisions, this Agreement shall be cancelled without any liability, other than Customer’s obligation to pay for Services rendered by Company to the date of cancellation. 3. Cancellation by Customer Prior to Services; Refund. If Customer cancels this Agreement within (a) thirty (30) days of the date this Agreement was mailed to Customer or (b) twenty (20) days of the date this Agreement was delivered to Customer, if it was delivered at the time of sale, and no Services have been provided by Company under this Agreement, the Agreement will be void and Company will refund to Customer, or credit Customer’s account, the full Service Fee of this Agreement that Customer paid to Company, if any. A ten percent (10%) penalty per month will be added to a refund that is due but is not paid or credited within forty-five (45) days after return of this Agreement to Company. Customer’s right to cancel this Agreement only applies to the original owner of this Agreement and only if no Services have been provided by Company under this Agreement prior to its return to Company. 4. Cancellation by Company. This Agreement may be cancelled by Company for any reason or no reason, upon written notice from Company to Customer no later than 30 days prior to performance of any Services hereunder and Company will refund to Customer, or credit Customer’s account, that part of the Service Fee attributable to Services not performed by Company. Customer shall remain liable for and shall pay t o Company all amounts due for Services provided by Company and not yet paid. 5. Services Fees and Taxes. Fees for the Services (the “Service Fee(s)”) shall be as set forth in the Proposal and are based on performance during regular business hours. Fees for outside Company’s regular business hours and any after-hours services shall be billed separately according to the then prevailing overtime or emergency labor/labour rates. In addition to the stated Service Fee, Customer shall pay all taxes not legally required to be paid by Company or, alternatively, shall provide Company with accept able tax exemption certificates. Customer shall pay all costs (including attorneys’ fees) incurred by Company in attempting to collect amounts due. 6. Payment. Payment is due upon receipt of Company’s invoice. Company reserves the right to add to any account outstanding for more than 30 days a service charge equal to the lesser of the maximum allowable legal interest rate or 1.5% of the principal amount due at the end of each month. Customer shall pay all costs (including attorneys’ fees) incurred by Company in attempting to collect amounts due or otherwise enforcing these terms and conditions. 7. Customer Breach. Each of the following events or conditions shall constitute a breach by Customer and shall give Company the right, without an election of remedies, to terminate this Agreement or suspend performance by delivery of written notice: (1) Any failure by Customer to pay amounts when due; or (2) any general assignment by Customer for the benefit of its creditors, or if Customer becomes b ankrupt or insolvent or takes the benefit of any statute for bankrupt or insolvent debtors, or makes or proposes to make any proposal or arrangement with creditors, or if any steps are taken for the winding up or other termination of Customer or the liquidation of its asset s, or if a trustee, receiver, or similar person is appointed over any of the assets or interests of Customer; (3) Any representation or warranty furnished by Customer in connection with this Agreement is false or misleading in any material respect when made; or (4) Any failure by Customer to perform or comply with any material provision of this Agreement. Customer shall be liable to the Company for all Services furnished to date and all damages sustained by Company (including lost profit and overhead) 8. Performance. Company shall perform the Services in accordance with industry standards generally applicable in the state or province where the Services are performed under similar circumstances as of the time Company performs the Services. Company is not liable for any claims, damages, losses, or expenses, arising from or related to work done by or services provided by individuals or entities that are not employed by or hired by Company. Company may refuse to perform any Services or work where working conditions could endanger property or put at risk the safety of people. Parts used for any repairs made will be those selected by Company as suitable for the re pair and may be parts not manufactured by Company. Customer must reimburse Company for services, repairs, and/or replacements performed by Company at Customer’s request beyond the scope of Services or otherwise excluded under this Agreement. The reimbursement shall be at the then prevailing applicable regular, overtime, or holiday rates for labor/labour and prices for materials. Prior to Company performing the additional services, repairs, and/or replacements, Customer may request a separate written quote stating the work to be performed and the price to be paid by Customer for the work. 1 | P a g e 505 City of Boynton Beach - Utilities Admin - Replace (2) 20T SS Pro ID: 8137539 © 2025 Trane. All Rights Reserved. Confidential and Proprietary Information of Trane 10. Customer Obligations. Customer shall: (a) provide Company reasonable and safe access to the Covered Equipment and areas where Company is to work; and (b) unless otherwise agreed by Customer and Company, at Customer’s expense and before the Services be gin, Customer will provide any necessary access platforms, catwalks to safely perform the Services in compliance with OSHA, state, or provincial industrial safety regulations or any other applicable industrial safety standards or guidelines. 11. Exclusions. Unless expressly included in the Proposal, the Services do not include, and Company shall not be responsible for or liable to the Customer for, any claims, losses, damages or expenses suffered by the Customer in any way connected with, relating to or arising from any of the following: (a) Any guarantee of room conditions or system performance; (b) Inspection, operation, maintenance, repair, replacement or performance of work or services outside the Services; (c) Damage, repairs or replacement of parts made necessary as a result of the acts or omission of Customer or any Event of Force Majeure; (d) Any claims, damages, losses, or expenses, arising from or related to conditions that existed in, on, or upon the premises bef ore the effective date of this Agreement (“Pre-Existing Conditions”) including, without limitation, damages, losses, or expenses involving a Pre- Existing Condition of building envelope issues, mechanical issues, plumbing issues, and/or indoor air quality issues involvin g mold/mould, bacteria, microbial growth, fungi or other contaminates or airborne biological agents; and (e) Replacement of refrigerant is excluded,unless replacement of refrigerant is expressly stated as included with the Proposal. 12. Limited Warranty. Company warrants that: (a) the material manufactured by Company and provided to the Customer in performance of the Services is free from defects in material and manufacture for a period of 12 months from the earlier of the date of equipment start-up or replacement and (b) the labor/labour portion of the Services is warranted to have been properly performed for a period of 90 days from date of completion (the "Limited Warranty"). Company obligations of equipment start-up, if any are stated in the Proposal, are coterminous with the Limited Warranty period. Defects must be reported to Company within the Limited Warranty period. Company’s obligation under the Limited Warranty is limited to repairing or replacing the defective part at its option and to correcting any improperly performed labor/labour. No liability whatsoever shall attach to Company until the Services have been paid for in full. Exclusions from this Limited Warranty include claims, losses, damages, and expenses in any way connected with, related to, or arising from failure or malfunction of equipment due to the following: wear and tear; end of life failure; corrosion; erosion; deterioration; Customer's failure to follow the Company-provided maintenance plan; unauthorized or improper maintenance; unauthorized or improper parts or material; refrigerant not supplied by Company; and modifications made by others to Company's equipment. Company shall not be obligated to pay for the cost of lost refrigerant or lost product. Some components of Company equipment may be warranted directly from the component supplier, in which case this Limited Warranty shall not apply to those components and any warranty of such components shall be the warranty given by the component supplier. Notwithstanding the foregoing, all warranties provided herein terminate upon termination or cancellation of this Agreement. Equipment, material and/or parts that are not manufactured by Company (“Third-Party Product(s)”) are not warranted by Company and have such warranties as may be extended by the respective manufacturer. CUSTOMER UNDERSTANDS THAT COMPANY IS NOT THE MANUFACTURER OF ANY THIRD-PARTY PRODUCT(S) AND ANY WARRANTIES, CLAIMS, STATEMENTS, REPRESENTATIONS, OR SPECIFICATIONS ARE THOSE OF THE THIRD-PARTY MANUFACTURER, NOT COMPANY AND CUSTOMER IS NOT RELYING ON ANY WARRANTIES, CLAIMS, STATEMENTS, REPRESENTATIONS, OR SPECIFICATIONS REGARDING THE THIRD-PARTY PRODUCT THAT MAY BE PROVIDED BY COMPANY OR ITS AFFILIATES, WHETHER ORAL OR WRITTEN. THE REMEDIES SET FORTH IN THIS LIMITED WARRANTY ARE THE SOLE AND EXCLUSIVE REMEDIES FOR WARRANTY CLAIMS PROVIDED BY COMPANY TO CUSTOMER UNDER THIS AGREEMENT AND ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES, LIABILITIES, CONDITIONS AND REMIDIES, WHETHER IN CONTRACT, WARRANTY, STATUTE, OR TORT (INCLUDING NEGLIGENCE), EXPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR FITNESS FOR A PARTICULAR PURPOSE AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE. COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, ENDORSEMENTS OR CONDITIONS OF ANY KIND. EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF QUALITY, FITNESS, MERCHANTABILITY, DURABILITY AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE OR REGARDING PREVENTION BY THE SCOPE OF SERVICES, OR ANY COMPONENT THEREOF. COMPANY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. ADDITIONALLY, COMPANY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND REGARDING PREVENTING, ELIMINATING, REDUCING OR INHIBITING ANY MOLD, FUNGUS, BACTERIA, VIRUS, MICROBIAL GROWTH, OR ANY OTHER CONTAMINANTS (INCLUDING COVID-19 OR ANY SIMILAR VIRUS) (COLLECTIVELY, “CONTAMINANTS”), WHETHER INVOLVING OR IN CONNECTION WITH EQUIPMENT, ANY COMPONENT THEREOF, SERVICES OR OTHERWISE. IN NO EVENT SHALL COMPANY HAVE ANY LIABILITY FOR THE PREVENTION, ELIMINATION, REDUCTION OR INHIBITION OF THE GROWTH OR SPREAD OF SUCH CONTAMINANTS INVOLVING OR IN CONNECTION WITH ANY EQUIPMENT, THIRD-PARTY PRODUCT, OR ANY COMPONENT THEREOF, SERVICES OR OTHERWISE AND CUSTOMER HEREBY SPECIFICALLY ACKNOWLDGES AND AGREES THERETO 13. Indemnity. To the maximum extent permitted by law, Company and Customer shall indemnify and hold harmless each other from any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attorneys' fees, resulting from death or bodily injury or damage to real or personal property, to the extent caused by the negligence or misconduct of the indemnifying party, and/or its respective employees or authorized agents in connection with their activities within the scope of this Agreement. Neither party shall indemnify the other against claims, damages, expenses, or liabilities to the extent attributable to the acts or omissions of the other party or third parties. If the parties are both at fault, the obligation to indemnify shall be proportional to their relative fault. The duty to indemnify and hold harmless will continue in full force and effect, notwithstanding the expiration or early termination of this Agreement, with respect to any claims based on facts or conditions that occurred prior to expiration or termination of this Agreement. 14. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, NEITHER PARTY SHALL BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION REFRIGERANT LOSS, PRODUCT LOSS, LOST REVENUE OR PROFITS, OR LIABILITY TO THIRD PARTIES), INCLUDING CONTAMINANTS LIABILITIES, OR PUNITIVE DAMAGES WHETHER BASED IN CONTRACT, WARRANTY, STATUTE, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR ANY OTHER LEGAL THEORY OR FACTS. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE TOTAL AND AGGREGATE LIABILITY OF THE COMPANY TO THE CUSTOMER WITH RESPECT TO ANY AND ALL CLAIMS CONNECTED WITH, RELATED TO OR ARISING FROM THE PERFORMANCE OR NON- PERFORMANCE OF THIS AGREEMENT, WHETHER BASED IN CONTRACT, WARRANTY, STATUTE, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR ANY OTHER LEGAL THEORY OR FACTS, SHALL NOT EXCEED THE COMPENSATION RECEIVED BY COMPANY UNDER THIS AGREEMENT. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY DAMAGES (WHETHER DIRECT OR INDIRECT) RESULTING FROM MOLD, FUNGUS, BACTERIA, MICROBIAL GROWTH, OR OTHER CONTAMINATES OR AIRBORNE BIOLOGICAL AGENTS. TO THE MAXIMUM EXTENT ALLOWED BY LAW, COMPANY SHALL NOT BE LIABLE FOR ANY OF THE FOLLOWING IN CONNECTION WITH PROVIDING THE ENERGY AND BUILDING PERFORMANCE 506 City of Boynton Beach - Utilities Admin - Replace (2) 20T SS Pro ID: 8137539 © 2025 Trane. All Rights Reserved. Confidential and Proprietary Information of Trane 2 | P a g e SERVICES: INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION; CUSTOMER’S NETWORK SECURITY; COMPUTER VIRUS; COMMUNICATION FAILURE; THEFT OR DESTRUCTION OF DATA; GAPS IN DATA COLLECTED; AND UNAUTHORIZED ACCESS TO CUSTOMER’S DATA OR COMMUNICATIONS NETWORK. 15. CONTAMINANTS LIABILITY The transmission of COVID-19 may occur in a variety of ways and circumstances, many of the aspects of which are currently not known. HVAC systems, products, services and other offerings have not been tested for their effectiveness in reducing the spread of COVID-19, including through the air in closed environments. IN NO EVENT WILL COMPANY BE LIABLE UNDER THIS AGREEMENT OR OTHERWISE FOR ANY INDEMNIFICATION, ACTION OR CLAIM, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHERWISE, FOR ANY BODILY INJURY (INCLUDING DEATH), DAMAGE TO PROPERTY,OR ANY OTHER LIABILITIES, DAMAGES OR COSTS RELATED TO CONTAMINANTS (INCLUCING THE SPREAD, TRANSMISSION MITIGATION, ELIMINATION, OR CONTAMINATION THEREOF) (COLLECTIVELY, “CONTAMINANTS LIABILITIES”) AND CUSTOMER HEREBY EXPRESS LY RELEASES COMPANY FROM ANY SUCH CONTAMINANT LIABILITIES. 16. Asbestos and Hazardous Materials. The Services expressly exclude any identification, abatement, cleanup, control, disposal, removal or other work connected with asbestos or other hazardous materials (collectively, “Hazardous Materials”). Should Company become aware of or suspect the presence of Hazardous Materials, Company may immediately stop work in the affected area and shall not ify Customer. Customer will be responsible for taking any and all action necessary to correct the condition in accordance with all applicable laws and regulations. Customer shall be exclusively responsible for any claims, liability, fees and penalties, and the payment thereof, arising out of or relating to any Hazardous Materials on or about the premises, not brought onto the premises by Company. Company shall be required to resume performance of the Services only when the affected area has been rendered harmless. 17. Insurance. Company agrees to maintain the following insurance during the term of the contract with limits not less than shown below and will, upon request from Customer, provide a Certificate of evidencing the following coverage: Commercial General Liability $2,000,000 per occurrence Automobile Liability $2,000,000 CSL Workers Compensation Statutory Limits If Customer has requested to be named as an additional insured under Company’s insurance policy, Company will do so but only subject to Company’s manuscript additional insured endorsement under its primary Commercial General Liability policies. In no event does Company or its insurer waive its right of subrogation 18. Force Majeure. Company’s duty to perform under this Agreement is contingent upon the non-occurrence of an Event of Force Majeure. If Company shall be unable to carry out any material obligation under this Agreement due to an Event of Force Majeure, this Agreement shall at Company’s election (i) remain in effect but Company’s obligations shall be suspended until the uncontrollable event terminates or (ii) be terminated upon ten (10) days’ notice to Customer, in which event Customer shall pay Company for all parts of the Services furnished to the date of termination. An "Event of Force Majeure" shall mean any cause or event beyond the control of Company. Without limiting the foregoing, “Event of Force Majeure” includes: acts of God; acts of terrorism, war or the public enemy; flood; earthquake; lightning; tornado; storm; fire; civil disobedience; pandemic insurrections; riots; labor disputes; labor or material shortages; sabotage; restraint by court order or public authority (whether valid or invalid), and action or non-action by or inability to obtain or keep in force the necessary governmental authorizations, permits, licenses, certificates or approvals if not caused by Company and the requirements of any applicable government in any manner that diverts either the material or the finished product to the direct or indirect benefit of the government. 19. General. Except as provided below, to the maximum extent provided by law, this Agreement is made and shall be interpreted and enforced in accordance with the laws of the state or province in which the Services are performed without regard to choice of law principles which might otherwise call for the application of a different state’s or province’s law. Any dispute arising under or relating to this Agreement that is not disposed of by agreement shall be decided by litigation in a court of competent jurisdiction located in the state or province in which the Services are performed. To the extent the premises are owned and/or operated by any agency of the United States Federal Government, determination of any substantive issue of law shall be according to the United States Federal common law of Governm ent contracts as enunciated and applied by Federal judicial bodies and boards of contract appeals of the Federal Government. This Agreement contains all of the agreements, representations and understandings of the parties and supersedes all previous understandings, commitments or agreements, oral or written, related to the Services. No documents shall be incorporated herein by reference except to the extent Company is a signatory thereon. If any term or condition of this Agreement is invalid, illegal or incapable of being enforced by any rule of law, all other terms and conditions of this Agreement will nevertheless remain in full force and effect as long as the economic or legal sub stance of the transaction contemplated hereby is not affected in a manner adverse to any party hereto. Customer may not assign, transfer, or convey this Agreement, or any part hereof, without the written consent of Company. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties hereto and their permitted successors and assigns. This Agreement may be executed in several counterparts, each of which when executed shall be deemed to be an original, but all together shall constitute but one and the same Agreement. A fu lly executed facsimile copy hereof or the several counterparts shall suffice as an original. No modifications, additions or changes may be made to this Agreement except in a writing signed by Company. No failure or delay by the Company in enforcing any right or exercising any remedy under this Agreement shall be deemed to be a waiver by the Company of any right or remedy. 20. Federal Requirements. The Parties shall comply with all United States federal labor law obligations under 29 CFR part 471, appendix A to subpart A. THE FOLLOWING PROVISIONS ARE INCORPORATED HEREIN BY REFERENCE: Executive Order 11701 and 41 CFR §§ 60-250.5(a), 60-300.5; Executive Order 11758 and 41 CFR § 60-741.5(a); U.S. immigration laws, including the L-1 Visa Reform Act of 2004 and the H-1B Visa Reform Act of 2004; and Executive Order 13496. The Parties shall abide by the requirements of 41 CFR 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities. Moreover, these regulations require that covered prime contractors and subcontractors t ake affirmative action to employ and advance in employment individuals without regard to protected veteran status or disability. The Parties certify that they do not operate any programs promoting DEI that violate any applicable United States anti-discrimination laws and acknowledge and agree that 507 City of Boynton Beach - Utilities Admin - Replace (2) 20T SS Pro ID: 8137539 © 2025 Trane. All Rights Reserved. Confidential and Proprietary Information of Trane their compliance with all applicable federal anti-discrimination laws is material to the federal government’s payment decisions. The Parties acknowledge and agree that their employment, procurement, and contracting practices shall not consider race, color, sex, sexual preference, r eligion, or national origin in ways that violate United States federal civil rights laws. 21. U.S. Government Contracts. The following provision applies only to direct sales by Company to the US Government. The Parties acknowledge that all items or services ordered and delivered under this Agreement / Purchase Order are Commercial Items as defined under Part 12 of the Federal Acquisition Regulation (FAR). In particular, Company agrees to be bound only by those Federal contracting clauses that apply to “commercial” suppliers and that are contained in FAR 52.212-5(e)(1). Company complies with 52.219-8 or 52.219-9 in its service and installation contracting business. The following provision applies only to indirect sales by Company to the US Government. As a Commercial Item Subcontractor, Company accepts only the following mandatory flow down provisions: 52.219-8; 52.222-26; 52.222-35; 52.222-36; 52.222-39;52.247-64. If the Services are in connection with a U.S. government contract, Customer agrees and hereby certifies that it has provided and will provide current, accurate, and complete information, representations and certifications to all government officials, including but not limited to the contracting officer and officials of the Small Business Administration, on all matters related to the prime contract, including but not limited to all aspects of its ownership, eligibility, and performance. Anything herein notwithstanding, Company will have no obligations to Customer unless and until Customer provides Company with a true, correct and complete executed copy of the prime contract. Upon request, Customer will provide copies to Company of all requested written communications with any government official related to the prime contract prior to or concurrent with the execution thereof, including but not limited to any communications related to contractor's Customer's ownership, eli gibility or performance of the prime contract. Customer will obtain written authorization and approval from Company prior to providing any government official any information about Company's performance of the Services that are the subject of this offer or agreement, other than the Proposal or this Agreement. 22. Limited Waiver of Sovereign Immunity. If Customer is an Indian tribe (in the U.S.) or a First Nation or Band Council (in Canada), Customer, whether acting in its capacity as a government, governmental entity, a duly organized corporate entity or otherwise, for itself and for its agents, successors, and assigns: (1) hereby provides this limited waiver of its sovereign immunity as to any damages, claims, lawsuit, or cause of action (herein “Action”) brought against Customer by Company and arising or alleged to arise out of the furnishing by Company of any product or service under this Agreement, whether such Action is based in contract, tort, strict liability, civil liabi lity or any other legal theory; (2) agrees that jurisdiction and venue for any such Action shall be proper and valid (a) if Customer is in the U.S., in any state or United States court located in the state in which Company is performing this Agreement or (b) if Customer is in Canada, in the superior court of the province or territory in which the work was performed; (3) expressly consents to such Action, and waives any objection to jurisdiction or venue; (4) waives any requirement of exhaustion of tribal court or administrative remedies for any Action arising out of or related to this Agreement; and (5) expressly acknowledges and agrees that Company is not subject to the jurisdiction of Customer’s tribal court or any similar tribal forum, that Customer will not bring any action against Company in tribal court, and that Customer will not avail itself of any ruling or direction of the tribal court permitting or directing it to suspend its payment or other obligations under this Agreement. The individual sign ing on behalf of Customer warrants and represents that such individual is duly authorized to provide this waiver and enter into this Agreement and that this Agreement constitutes the valid and legally binding obligation of Customer, enforceable in accordance with its terms. 1-10.48 (0225) Supersedes 1-10.48 (1024) 508 July 24,2025 To Whom It May Concern: We have completed our review of proposal H4-123128-25-002B. We confirm that the following components of the proposal are in accordance with Trane contract #3341: •Equipment discount rates •Hourly labor rates •Materials margin rate Our procedures were limited solely to confirming the aforementioned components of proposal number H4-123128-25-002B were in agreement with Trane contract #3341. We did not review any other components of this proposal. This report is intended solely for the information and use of OMNIA Partners, Trane,and City of Boynton Beach. This report is not intended to be, and should not be, used by anyone other than those specified parties. HeimLantz CPAs and Advisors, LLC Annapolis, MD 509 Proposal - Split Systems - City of Boynton Beach - Utilities Admin SS Replace 04-30-2025.docx © 2025 Trane Technologies. All Rights Reserved. Confidential and Proprietary Information of Trane U.S. Inc. Proposal – Split Systems Proposal is valid for 60 days. Customer must obtain credit approval and release order to production within 60 days of proposal date. PROPRIETARY AND CONFIDENTIAL PROPERTY OF Trane U.S. Inc. DISTRIBUTION TO OTHER THAN THE NAMED RECIPIENT IS PROHIBITED Prepared For: City of Boynton Beach Job Name: City of Boynton Beach - Utilities Admin SS Replace Delivery Terms: Freight Allowed and Prepaid - F.O.B. Factory Date: July 21, 2025 COOP Quote Number: H4-123128-25-002B COOP or Federal Contract ID: OMNIA Racine #3341 Payment Terms: Net 30 Days ___________________________________________________________________________________________ Trane U.S. Inc. is pleased to provide the following proposal for your review and approval. (2) Performance Climate Changer Air Handling Units Product Data All Units Performance Climate Changer Horizontal housed fan with top front discharge 460/60/3 Indoor unit Stainless Steel Drain Pan UC600 controller, VFD, and disconnect switch No electric heat FC Housed fan w/VFD and shaft grounding 2" angle filter mixing section 2" MERV 8 filters – 1set Access section with coil Damper – top face 5 year parts and labor warranty Tag(s): K99E01354N Unit Size 12 Square Feet of Coil Intertwined circuit with 2 DX 3/16" distributors 5 horsepower motor per fan Tag(s): K99E01355N Unit Size 14 Square Feet of Coil Intertwined circuit with 2 DX 1/4" distributors 7- 1/2 horsepower motor per fan NOT INCLUDED: installation, rigging, supervision, power wiring, startup, coatings beyond factory standard, refrigerant piping or accessories, thermostats, TXVs, BAS controls or tie-in to BAS controls, any material, labor, or warranty beyond listed above. (2) Odyssey Condensing Units Product Data All Units Cooling Only Condensing Unit 510 City of Boynton Beach - Utilities Admin SS Replace April 30, 2025 Page 2 of 9 © 2025 Trane Technologies. All Rights Reserved. Confidential and Proprietary Information of Trane U.S. Inc. 20 Tons R-454B Refrigerant 460/60/3 Dual Compressors / Dual Circuit Symbio (Cooling) STD Coil w/ Guards Service Valve accessory kit (Field Installed) 5 year parts and labor warranty Anti corrosion coating – condenser coil only NOT INCLUDED: installation, rigging, supervision, power wiring, startup, cabinet coatings, thermostats, refrigerant piping or accessories, any material or labor beyond listed above. (2) Electric Duct Heaters Product Data Heating capacity to match existing 460/3 V Disconnecting contactors Air Pressure Switch Transformer with primary fusing Manual Reset High Limit Door Interlock Disconnect Switch SCR controls 0-10V interface for SCR controls Insulated control panel Hinged lid NOT INCLUDED: installation, rigging, supervision, power wiring, startup, BAS controls or tie-in to BAS, any material, labor, or warranty beyond listed above. Subtotal Net Price (excluding sales tax and tariff surcharges) ........................................... $ 96,377.20 Tariff Surcharges ................................................................................................................ $ 1,529.00 Total Net Price (excluding sales tax) .................................................................................. $ 97,906.20 Trane shall have the right, at its discretion, to pass along any related increases should (1) its costs related to the manufacture, supply, and shipping for any product or service materially increase. This includes, but is not limited to, cost increases in raw materials, supplier components, labor, utilities, freight, logistics, wages and benefits, regulatory compliance, or any other event beyond Company’s control and/or (2) any tariffs, taxes, levies or fees affecting, placed on or related to any product or service materially increases. Tax Status: Taxable □ Exempt □ If you are claiming an exemption from sales tax on this project, please submit a completed exemption certificate for both the jobsite location state and the state where the equipment will be delivered (if different from the jobsite). You can submit the relevant state exemption certificate at the following link: https://trane.certifytax.com/custportalas.aspx . You will receive an email indicating approval or rejection within 1-2 business days. If your exemption claim is rejected, sales tax will be billed based on the state where the equipment was delivered. For any questions, please email: financial_services-tax_department@tranetechnologies.com. Sincerely, 511 City of Boynton Beach - Utilities Admin SS Replace April 30, 2025 Page 3 of 9 © 2025 Trane Technologies. All Rights Reserved. Confidential and Proprietary Information of Trane U.S. Inc. Will Sawarynski Trane U.S. Inc. 2884 Corporate Way Miramar, FL 33025 This proposal is subject to your acceptance of the attached Trane terms and conditions. 512 City of Boynton Beach - Utilities Admin SS Replace April 30, 2025 Page 4 of 9 © 2025 Trane Technologies. All Rights Reserved. Confidential and Proprietary Information of Trane U.S. Inc. TERMS AND CONDITIONS - COMMERCIAL EQUIPMENT “Company” shall mean Trane U.S. Inc. for sales in the United States and Trane Canada ULC for sales in Canada. 1. Acceptance. These terms and conditions are an integral part of Company’s offer and form the basis of any agreement (the “Agreement”) resulting from Company’s proposal (the “Proposal”) for the sale of the described commercial equipment and any ancillary services (the “Equipment”). COMPANY’S TERMS AND CONDITIONS AND EQUIPMENT PRICES ARE SUBJECT TO PERIODIC CHANGE OR AMENDMENT . The Proposal is subject to acceptance in writing by the party to whom this offer is made or an authorized agent (“Customer”) delivered to Company within 15 days from the date of the Proposal. Prices in the Proposal are subject to change at any time upon notice to Customer. If Customer accepts the Proposal by placing an order, without the addition of any other terms and conditions of sale or any other modification, Customer’s order shall be deemed acceptance of the Proposal subject to Company’s terms and conditions. If Customer’s order is expressly conditioned upon Company’s acceptance or assent to terms and/or conditions other than those expressed herein, return of such order by Company with Company’s terms and conditions attached or referenced serves as Company’s notice of objection to Customer’s terms and as Company’s counteroffer to provide Equipment in accordance with the Proposal and the Company’s terms and conditions. If Customer does not reject or object in writing to Company within 10 days, Company’s counteroffer will be deemed accepted. Notwithstanding anything to the contrary herein, Customer’s acceptance of the Equipment will in any event constitute an acceptance by Customer of Company’s terms and conditions. This Agreement is subject to credit approval by Company. Upon disapproval of credit, Compan y may delay or suspend performance or, at its option, renegotiate prices and/or terms and conditions with Customer. If Company and Customer are unable to agree on such revisions, this Agreement shall be cancelled without any liability. 2. Connected Services. In addition to these terms and conditions, the Connected Services Terms of Service (“Connected Services Terms”), available at https://www.trane.com/TraneConnectedServicesTerms, as updated from time to time, are incorporated herein by reference and shall apply to the extent that Company provides Customer with Connected Services, as defined in the Connected Services Terms. 3. Title and Risk of Loss. All Equipment sales with destinations to Canada or the U.S. shall be made as follows: FOB Company’s U.S. manufacturing facility or warehouse (full freight allowed). Title and risk of loss or damage to Equipment will pass to Customer upon tender of delivery of such to carrier at Company’s U.S. manufacturing facility or warehouse. 4. Pricing and Taxes., Within forty-five (45) days following Customer acceptance of the Proposal without addition of any other terms and conditions of sale or any modification, Customer shall provide notification of release for immediate production at Company’s factory. Prices for Equipment are subject to change at any time prior to shipment to reflect any cost increases related to the manufacture, supply, and shipping of Equipment. This includes, but is not limited to, cost increases in raw materials, supplier components, labor, utilities, freight, logistics, wages and benefits, regulatory compliance, or any other event beyond Company’s control. If shipment is delayed due to Customer's actions, Company may also charge Customer with storage fees. If a release is not received within 6 months following order acceptance, Company reserves the right to cancel any order. Company shall be entitled to equitable adjustments in the contract price to reflect any cost increases as set forth above and will provide notice to Customer prior to the date for which the increased price is to be in effect for the applicable customer contract. In no event will prices be decreased. The price of Equipment does not include any present or future foreign, federal, state, or local property, license, privilege, sal es, use, excise, value added, gross receipts or other like taxes or assessments. Such amounts will be itemized separately to Customer, who will make prompt payment to Company. Company will accept valid exemption documentation for such taxes and assessments from Customer, if applicable. All prices include packaging in accordance with Company’s standard procedures. Charges for special packaging, crating or packing are the responsibility of Customer. 5. Delivery and Delays. Delivery dates are approximate and not guaranteed. Company will use commercially reasonable efforts to deliver the Equipment on or before the estimated delivery date, will notify Customer if the estimated delivery dates cannot be honored, and will deliver the Equipment and services as soon as practicable thereafter. In no event will Company be liable for any damages or expenses caused by delays in delivery. 6. Performance. Company shall be obligated to furnish only the Equipment described in the Proposal and in submittal data (if such data is issued in connection with the order). Company may rely on the acceptance of the Proposal and submittal data as acceptance of the suitability of the Equipment for the particular project or location. Unless specifically stated in the Proposal, compliance with any local building codes or other laws or regulations relating to specifications or the location, use or operation of the Equipment is the sole responsibility of Customer. If Equipment is tendered that does not fully comply with the provisions of this Agreement and Equipment is rejected by Customer, Company will have the right to cure within a reasonable time after notice thereof by substituting a conforming tender whether or not the time for performance has passed. 7. Force Majeure. Company’s duty to perform under this Agreement and the Equipment prices are contingent upon the non-occurrence of an Event of Force Majeure. If the Company shall be unable to carry out any material obligation under this Agreement due to an Event of Force Majeure, this Agreement shall at Company’s election (i) remain in effect but Company’s obligations shall be suspended until the uncontrollable event terminates or (ii) be terminated upon 10 days’ notice to Customer, in which event Customer shall pay Company for all parts of the Work furnished to the date of termination. An "Event of Force Majeure" shall mean any cause or event beyond the control of Company. Without limiting the foregoing, “Event of Force Majeure” includes: acts of God; acts of terrorism, war or the public enemy; flood; earthquake; tornado; storm; fire; civil disobedience; pandemic insurrections; riots; labor/labour disputes; labor/labour or material shortages; sabotage; restraint by court order or public authority (whether valid or invalid); and action or non-action by or inability to obtain or keep in force the necessary governmental authorizations, permits, licenses, certificates or approvals if not caused by Company; and the requirements of any applicable government in any manner that diverts either the material or the finished product to the direct or indirect benefit of the government. 8. Limited Warranty. Company warrants the Equipment manufactured by Company for a period of the lesser of 12 months from initial start -up or 18 months from date of shipment, whichever is less, against failure due to defects in material and manufacture and that it has the capac ities and ratings set forth in Company's catalogs and bulletins ("Warranty"). Equipment manufactured by Company that includes required start-up and sold in North America will not be warranted by Company unless Company performs the Equipment startup. Exclusions from this Warranty include damage or failure arising from: wear and tear; corrosion, erosion, deterioration; modifications made by others to the Equipment; repairs or alterations by a party other than Company that adversely affects the stability or reliability of the Equipment; vandalism; neglect; accident; adverse weather or environmental conditions; abuse or improper use; improper installation; comm issioning by a party other than Company; unusual physical or electrical or mechanical stress; operation with any accessory, equipment or part not specifically approved by Company; refrigerant not supplied by Company; and/or lack of proper maintenance as recommended by Company. Company shall not be obligated to pay for the cost of l ost refrigerant or lost product. Company's obligations and liabilities under this Warranty are limited to furnishing replacement equipment or parts, at its option, FCA (Incoterms 2000) factory or warehouse (f.o.b. factory or warehouse for US domestic purposes) at Company-designated shipping point, freight-allowed to Company's warranty agent's stock location, for all non- conforming Company-manufactured Equipment (which have been returned by Customer to Company). Returns must have prior written approval by Company and are subject to restocking charge where applicable. Equipment, material and/or parts that are not manufactured by Company (“Third -Party Product(s)”) are not warranted by Company and have such warranties as may be extended by the respective manufacturer. CUSTOMER UNDERSTANDS THAT COMPANY IS NOT THE MANUFACTURER OF ANY THIRD-PARTY PRODUCT(S) AND ANY WARRANTIES, CLAIMS, STATEMENTS, REPRESENTATIONS, OR SPECIFICATIONS ARE THOSE OF THE THIRD-PARTY MANUFACTURER, NOT COMPANY AND CUSTOMER IS NOT RELYING ON ANY WAR RANTIES, CLAIMS, STATEMENTS, REPRESENTATIONS, OR SPECIFICATIONS REGARDING THE THIRD-PARTY PRODUCT THAT MAY BE PROVIDED BY COMPANY OR ITS AFFILIATES, WHETHER ORAL OR WRITTEN. COMPANY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WARRANT Y OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE.ADDITIONALLY, COMPANY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND REGARDING PREVENTING., ELIMINATING, REDUCING OR INHIBITING ANY MOLD, FUNGUS, BACTERIA, VIRUS, MICROBIAL GROWTH, OR ANY OTHER CONTAMINAN TS (INCLUDING COVID-19 OR ANY SIMILAR VIRUS ) (COLLECTIVELY, “CONTAMINANTS”), WHETHER INVOLVING OR IN CONNECTION WITH EQUIPMENT, ANY COMPONENT THEREOF, SERVICES OR OTHERWISE. IN NO EVENT SHALL COMPANY HAVE ANY LIABILITY FOR THE PREVENTION, ELIMINATION, REDUCTION OR INHIBITION OF THE GROWTH OR SPREAD OF SUCH CONTAMINANTS INVOLVING OR IN CONNECTION WITH ANY EQUIPMENT, THIRD - PARTY PRODUCT, OR ANY COMPONENT THEREOF, SERVICES OR OTHERWISE AND CUSTOMER HEREBY SPECIFICALLY ACKNOWLDGES AND AGREES THERETO. No warranty liability whatsoever shall attach to Company until Customer’s complete order has been paid for in full and Company's liability under this Warranty shall be limited to the purchase price of the Equipment shown to be defective. Additional warranty protection is available on an extra-cost basis and must be in writing and agreed to by an authorized signatory of the Company. EXCEPT FOR COMPANY’S WARRANTY EXPRESSLY SET FORTH HEREIN, COMPANY DOES NOT MAKE, AND HEREBY EXPRESSLY DISCLAIMS, ANY WARRANTIES, EXPRESS OR IMPLIED CONCERNING ITS PRODUCTS, EQUIPMENT OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF DESIGN, MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, OR OTHERS THAT ARE ALLEGED TO ARISE FROM COURSE OF DEALING OR TRADE. 9. Indemnity. To the fullest extent permitted by law, Company and Customer shall indemnify, defend and hold harmless each other from any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attorneys' fees, resulting from death or bodily injury or damage to real or personal property, to the extent caused by the negligence or misconduct of their respective employees or other authorized agents in connection with their acti vities within the scope of this Agreement. Neither party shall indemnify the other against claims, damages, expenses or liabilities to the extent attributable to the acts or om issions of the other party. If the parties are both at fault, the obligation to indemnify shall be proportional to their relative fault. The duty to indemnify will continue in full force and effect, notwithstanding the expiration or early termination hereof, with respect to any claims based on facts or conditions that occurred prior to expiration or termination. 513 City of Boynton Beach - Utilities Admin SS Replace April 30, 2025 Page 5 of 9 © 2025 Trane Technologies. All Rights Reserved. Confidential and Proprietary Information of Trane U.S. Inc. 10. Insurance. Upon request, Company will furnish evidence of its standard insurance coverage. If Customer has requested to be named as an additional insured under Company’s insurance policy, Company will do so but only subject to Company’s manuscript additional insured endorsement under its primary Commercial General Liability policies. In no event does Company waive any rights of subrogation. 11. Customer Breach. Each of the following events or conditions shall constitute a breach by Customer and shall give Company the right, without an election of remedies, to terminate this Agreement, require payment prior to shipping, or suspend performance by delivery of writte n notice: (1) Any failure by Customer to pay amounts when due; (2) any general assignment by Customer for the benefit of its creditors, or if Customer becomes bankrupt or insolvent or takes the benefit of any statute for bankrupt or insolvent debtors, or makes or proposes to make any proposal or arrangement with creditors, or if any steps are taken for the winding up or other termination of Customer or the liquidation of its assets, or if a trustee, receiver, or similar person is appointed over any of the assets or interests of Customer; (3) Any representation or warranty furnished by Customer in connection with this Agreement is false or misleading in any material respect when made; or (4) Any failure by Customer to perform or comply with any material provision of this Agreement. Customer shall be liable to the Company for all Equipment furnished and all d amages sustained by Company (including lost profit and overhead). 12. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL , INCIDENTAL, INDIRECT CONSEQUENTIAL, PUNITIVE, EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION REFRIGERANT LOSS, BUSINESS INTERRUPTION, LOST DATA, LOST REVENUE, LOST PROFITS),OR CONTAMINANTS LIABILITIES, EVEN IF A PARTY HAS BEEN ADVISED OF SUCH POSSIBLE DAMAGES OR IF SAME WERE REASONABLY FORESEEABLE AND REGARDLESS OF WHETHER THE CAUSE OF ACTION IS FRAMED IN CONTRACT, NEGLIGENCE, ANY OTHER TORT, WARRANTY, STRICT LIABILITY, OR PRODUCT LIABILITY. In no event will Company’s liability in connection with the provision of products or services or otherwise under this Agreement exceed the entire amount paid to Company by Cust omer under this Agreement. 13. CONTAMINANTS LIABILITY The transmission of COVID-19 may occur in a variety of ways and circumstances, many of the aspects of which are currently not known. HVAC systems, pro ducts, services and other offerings have not been tested for their effectiveness in reducing the spread of COVID -19, including through the air in closed environments. IN NO EVENT WILL COMPANY BE LIABLE UNDER THIS AGREEMENT OR OTHERWISE FOR ANY INDEMNIFICATION, ACTION, OR CLAIM, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHERWISE, FOR ANY BODILY INJURY (INCLUDING DEATH), DAMAGE TO PROPERTY, OR ANY OTHER LIABILITI ES, DAMAGES OR COSTS RELATED TO CONTAMINANTS (INCLUCING THE SPREAD, TRANSMISSION, MITIGATION, ELIMINATION, OR CONTAMINATION THEREOF) (COLLECTIVELY, “CONTAMINANTS LIABILITIES”) AND CUSTOMER HEREBY EXPRESSLY RELEASES COMPANY FROM ANY SUCH CONTAMINANTS LIABILITIES. 14. Nuclear Liability. In the event that the Equipment sold hereunder is to be used in a nuclear facility, Customer will, prior to such use, arrange for insurance or governmental indemnity protecting Company against all liability and hereby releases and agrees to indemnify Company and its suppliers for any nuclear damage, including loss of use, in any manner arising out of a nuclear incident, whether alleged to be due, in whole or in part to the negligence or otherwise of Company or its suppliers. 15. Intellectual Property; Patent Indemnity. Company retains all ownership, license and other rights to all patents, trademarks, copyrights, trade secrets and other intellectual property rights related to the Equipment, and, except for the right to use the Equipment sold, Customer obtains no rights to use any such intellectual property. Company agrees to defend any suit or proceeding brought against Customer so far as such suit or proceeding is solely based upon a claim that the use of the Equipment provided by Company constitutes infringement of any patent of the United States of America, provided Company is promptly notified in writing and given authority, information and assistance for defense of same. Company will, at its option, procure for Customer the right to continue to use said Equipment, or modify it so that it becomes non-infringing, or replace same with non-infringing Equipment, or to remove said Equipment and to refund the purchase price. The foregoing will not be construed to include any Agreement by Company to accept any liability whatsoever in respect to patents for inventions including more than the Equipment f urnished hereunder, or in respect of patents for methods and processes to be carried out with the aid of said Equipment. The provision of Equipment by Company does not convey any license, by implication, estoppel, or otherwise, under patent claims covering combinations of said Equipment with other devices or elements. The foregoing states the entire liability of Company with regard to patent infringement. Notwithstanding the provisions of this paragraph, Customer will hold Company harmless against any expens e or loss resulting from infringement of patents or trademarks arising from compliance with Customer’s designs or specifications or instructions. 16. Cancellation. Equipment is specially manufactured in response to orders. An order placed with and accepted by Company cannot be delayed, canceled, suspended, or extended except with Company's written consent and upon written terms accepted by Company that will reimburse Company for and indemnify Company against loss and provide Company with a reasonable profit for its materials, time, labor, services, use of facilities and otherwise. Customer will be obligated to accept any Equipment shipped, tendered for delivery or delivered by Company pursuant to the order prior to any agreed delay, cancellation, suspension or extension of the order. Any attempt by Customer to unilaterally revoke, delay or suspend acceptance for any reason whatever after it has agreed to delivery of or accepted any shipment shall constitute a breach of this Agreement. For purposes of this paragraph, acceptance occurs by any waiver of inspection, use or possession o f Equipment, payment of the invoice, or any indication of exclusive control exercised by Customer. 17. Invoicing and Payment. Unless otherwise agreed to in writing by Company, equipment shall be invoiced to Customer upon tender of delivery thereof to the carrier. Customer shall pay Company’s invoices within net 30 days of shipment date. Company reserves the right to add to any account outstanding for more than 30 days a service charge equal to the lesser of the maximum allowable legal interest rate or 1.5% of the principal amount due at the end of each month. Customer shall pay all costs (including attorneys’ fees) incurred by Company in attempting to collect amounts due and otherwise enforcing these terms and conditions. If requested, Company will provide appropriate lien waivers upon receipt of payment. Company may at any time decline to ship, make delivery or perform work except upon receipt of cash payment, letter of credit, or security, or upon other terms and conditions satisfactory to Company. Customer agrees that, unless Custo mer makes payment in advance, Company will have a purchase money security interest in all Equipment to secure payment in full of all amounts due Company and its order for the Equipment, togeth er with these terms and conditions, form a security agreement (as defined by the UCC in the United States and as defined in the Personal Property Security Act in Canada). Customer shall keep the Equipment free of all taxes and encumbrances, shall not remove the Equipment from its original installation point and shall not assign or transfer any interest in the Equipment until all payments due Company have been made. The purchase money security interest granted herein attaches upon Company’s acceptance of Customer’s order and on receipt of the Equipment described in the accepted Proposal but prior to its installation. The parties have no agreement to postpone the time for attachment unless specifically noted in writing on the accepted order. Customer will have no rights of set off against any amounts, which become payable to Company under this Agreement or otherwise. 18. Claims. Company will consider claims for concealed shortages in shipments or rejections due to failure to conform to an order only if such claims or rejections are made in writing within 15 days of delivery and are accompanied by the packing list and, if applicable, the reasons in detail why the Equipment does not conform to Customer’s order. Upon receiving authorization and shipping instructions from authorized personnel of Company, Customer may return rejected Equipment, transportation charges prepaid, for replacement. Company may charge Customer any costs resulting from the testing, handling, and disposition of any Equipment returned by Customer which are not found by Company to be nonconforming. All Equipment damaged during shipment and all claims relating thereto must be made with the freight carrier in accordance with such carrier’s policies and procedures. Claims for Equipment damaged during shipment are not covered under the warranty provision stated herein. 19. Export Laws. The obligation of Company to supply Equipment under this Agreement is subject to the ability of Company to supply such items consistent with applicable laws and regulations of the United States and other governments. Company reserves the right to refuse to enter into or perform any order, and to cancel any order, under this Agreement if Company in its sole discretion determines that performance of the transaction to which such order relates would violate any such applicable law or regulation. Customer will pay all handling and other similar costs from Company’s factories including the costs of freight, insurance, export clearances, import duties and taxes. Customer will be “exporter of record” with respect to any export from the United States of America and will perform all compliance and logistics functions in connection therewith and will also comply with all applicable laws, rules and regulations. Customer understands that Company and/or the Equipment are subject to laws and regulations of the United States of America which may require licensing or authorization for and/or prohibit export, re -export or diversion of Company’s Equipment to certain countries, and agrees it will not knowingly assist or participate in any such diversion or other violation of applicable United States of America laws and regulations. Customer agrees to hold harmless and indemnify Company for any damages resulting to Customer or Company from a breach of this paragraph by Customer. 20. General. Except as provided below, to the maximum extent provided by law, this Agreement is made and shall be interpreted and enforced in accordance with the laws of the state of New York for Equipment shipped to a U.S. location and the laws of the province to which Equipment is shipped within Canada, without regard to its conflict of law principles that might otherwise call for the application of a different state’s or province’s law , and not including the United Nations Convention on Contracts for the International Sale of Goods. To the extent the Equipment is being used at a site owned and/or operated by any agency of the Federal Government, determination of any substantive issue of law shall be according to the Federal common law of Government contracts as enunciated and applied by Federal judicial bodies and boards of contract appeals of the Federal Government. This Agreement contains all of the agreements, representations and understandings of the parties and supersedes all previous understandings, commitments or agreements, oral or written, related to the subject matter hereof. This Agreement may not be amended, modified or terminated except by a writing signed by the parties hereto. No documents shall be incorporated herein by reference except to the extent Company is a signatory thereon. If any term or condition of this Agreement is invalid, illegal or incapable of being enforced by any rule of law, all other terms and conditions of this Agreement will nevertheless remain in full force and effect as long as the economic or legal substance of the transaction contemplated hereby is not affected in a manner adverse to any party hereto. Customer may not assign, transfer, or convey this Agreement, or any part hereof, or its right, title or interest herein, without the written consent of the Company. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of Customer’s permitted successors and assigns. This Agreement may be executed in several 514 City of Boynton Beach - Utilities Admin SS Replace April 30, 2025 Page 6 of 9 © 2025 Trane Technologies. All Rights Reserved. Confidential and Proprietary Information of Trane U.S. Inc. counterparts, each of which when executed shall be deemed to be an original, but all together shall constitute but one and the same Agreement. A fully executed facsimile copy hereof or the several counterparts shall suffice as an original. 21. Federal Requirements. The Parties shall comply with all United States federal labor law obligations under 29 CFR part 471, appendix A to subpart A. THE FOLLOWING PROVISIONS ARE INCORPORATED HEREIN BY REFERENCE: Executive Order 11701 and 41 CFR §§ 60 -250.5(a), 60-300.5; Executive Order 11758 and 41 CFR § 60-741.5(a); U.S. immigration laws, including the L-1 Visa Reform Act of 2004 and the H-1B Visa Reform Act of 2004; and Executive Order 13496. The Parties shall abide by the requirements of 41 CFR 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities. Moreover, these regulations require that covered prime contractors an d subcontractors take affirmative action to employ and advance in employment individuals without regard to protected veteran status or disability. The Parties certify that they do not operate any programs promoting DEI that violate any applicable United States anti-discrimination laws and acknowledge and agree that their compliance with all applicable federal anti -discrimination laws is material to the federal government’s payment decisions. The Parties acknowledge and agree that their employment, procurement, and contracting practices shall not consider race, color, sex, sexual preference, religion, or national origin in ways that violate United States federal civil rights laws. 22. U.S. Government Work. The following provision applies only to direct sales by Company to the US Government. The Parties acknowledge that Equipment ordered and delivered under this Agreement are Commercial Items as defined under Part 12 of the Federal Acquisition Regulation (FAR). In particular, Company agrees to be bound only by those Federal contracting clauses that apply to “commercial” suppliers and that are contained in FAR 52.212-5(e)(1). The following provision applies only to indirect sales by Company to the US Government. As a Commercial Item Subcontractor, Company accepts only the following mandatory flow down provisions: 52.219-8; 52.222-26; 52.222-35; 52.222-36; 52.222-39; 52.247-64. If the sale of the Equipment is in connection with a U.S. Government contract, Customer certifies that it has provided and will provide current, accurate, and complete information, representations and certifications to all government officials, including but not limited to the contracting officer and officials of the Small Business Administration, on all matters related to th e prime contract, including but not limited to all aspects of its ownership, eligibility, and performance. Anything herein notwithstanding, Company will have no obligations to Customer unless and until Customer provides Company with a true, correct and complete executed copy of the prime contract. Upon request, Customer will provide copies to Company of all requested written communications with any government official related to the prime contract prior to or concurrent with the execution thereof, includi ng but not limited to any communications related to Customer's ownership, eligibility or performance of the prime contract. Customer will obtain written authorization and approval from Company prior to providing any government official any information about Company's performance of the work that is the subject of the Proposal or this A greement, other than the Proposal or this Agreement. 23. Limited Waiver of Sovereign Immunity. If Customer is an Indian tribe (in the U.S.) or a First Nation or Band Council (in Canada), Customer, whether acting in its capacity as a government, governmental entity, a duly organized corporate entity or otherwise, for itself and for its agents, successors, and assigns: (1) hereby provides this limited waiver of its sovereign immunity as to any damages, claims, lawsuit, or cause of action (herein “Action”) brought against Customer by Company and arising or alleged to arise out of the furnishing by Company of any product or service under this Agreement, whether such Action is based in contract, tort, strict liability, civil liability or any other legal theory; (2) agrees that jurisdiction and venue for any such Action shall be proper and valid (a) if Customer is in the U.S., in any state or United States court located in the state in which Company is performing this Agreement or (b) if Customer is in Canada, in the superior court of the province or territory in which the work was performed; (3) expressly consents to such Action, and waives any objection to jurisdiction or venue; (4) waives any requi rement of exhaustion of tribal court or administrative remedies for any Action arising out of or related to this Agreement; and (5) expressly acknowledges and agrees that Company is not subject to the jurisdiction of Customer’s tribal court or any similar tribal forum, that Customer will not bring any action against Company in tribal court, and that Customer will not avail itself of any ruling or direction of the tribal court permitting or directing it to suspend its payment or other obligations under this Agreement. The individual signing on behalf of Customer warrants and represents that such individual is duly authorized to provide this waiver and enter into this Agreement and that this Agreement constitutes the valid and legally binding obligation of Customer, enforceable in accordance with its terms. 1-26.130-4 (0225) Supersedes 1-26.130-4(1024) 515 City of Boynton Beach - Utilities Admin SS Replace April 30, 2025 Page 7 of 9 © 2025 Trane Technologies. All Rights Reserved. Confidential and Proprietary Information of Trane U.S. Inc. SECURITY ADDENDUM This Addendum shall be applicable to the sale, installation and use of Trane equipment and the sale and provision of Trane se rvices. “Trane” shall mean Trane U.S. Inc. for sales and services in the United States, or Trane Canada ULC for sales and services in Canada. 1. Definitions. All terms used in this Addendum shall have the meaning specified in the Agreement unless otherwise defined herein. For the purposes of this Addendum, the following terms are defined as follows: “Customer Data” means Customer account information as related to the Services only and does not include HVAC Machine Data or personal data. Trane does not require, nor shall Customer provide personal data to Trane under the Agreement. Such data is not required for Trane to provide its Equipment and/or Services to the Customer. “Equipment” shall have the meaning set forth in the Agreement. “HVAC Machine Data” means data generated and collected from the product or furnished service without manual entry. HVAC Machine Data is data relating to the physical measurements and operating conditions of a HVAC system, such as but not limited to, temperatures, humidity, pressure, HVAC equipment status. HVAC Machine Data does not include Personal Data and, for the purposes of this agreement, the names of users of Trane’s controls products or hosted applications shall not be Personal Data , if any such user chooses to use his/her name(s) in the created accounts within the controls product (e.g., firstname.lastname@address.com). HVAC Machine Data may be used by Trane: (a) to provide better support services and/or products to users of its products and services; (b) to assess compliance with Trane terms and conditions; (c) for statistical or other analysis of the collective characteristics and behaviors of product and services users; (d) to backup user and other data or information and/or provide remote support and/or restoration; (e) to provide or undertake: engineering analysis; failure analysis; warranty analysis; energy analysis; predictive analysis; service analysis; product usage analysis; and/or other desirable analysis, including, but not limited to, histories or trends of any of the foregoing; and (f) to otherwise understand and respond to the needs of users of the product or furnished service. “Personal Data” means data and/or information that is owned or controlled by Customer, and that names or identifies, or is about a natural person, such as: (i) data that is explicitly defined as a regulated category of data under any data privacy laws applicable to Customer; (ii) non-public personal information (“NPI”) or personal information (“PI”), such as national identification number, passport number, social security number, social insurance number, or driver’s license number; (iii) health or medical information, such as insurance information, medical prognosis, diagnosis information, or genetic information; (iv) financial information, such as a policy number, credit card number, and/or bank acc ount number; (v) personally identifying technical information (whether transmitted or stored in cookies, devices, or otherwise), such as IP address, MAC address, device identifier, International Mobile Equipment Identifier (“IMEI”), or advertising identifier; (vi) biometric information; and/or (vii) sensitive personal data, such as, race, religion, marital status, disability, gender, sexual orientation, geolocation, or mother’s maiden name. “Security Incident” shall refer to (i) a compromise of any network, system, application or data in which Customer Data has been accessed or acquired by an unauthorized third party; (ii) any situation where Trane reasonably suspects that such compromise may have occurred; or (iii) any actual or reasonably suspected unauthorized or illegal Processing, loss, use, disclo sure or acquisition of or access to any Customer Data. “Services” shall have the meaning set forth in the Agreement. 2. HVAC Machine Data; Access to Customer Extranet and Third Party Systems. If Customer grants Trane access to HVAC Machine Data via web portals or other non-public websites or extranet services on Customer’s or a third party’s website or system (each, an “Extranet”), Trane will comply with the following: a. Accounts. Trane will ensure that Trane’s personnel use only the Extranet account(s) designated by Customer and will require Trane personnel to keep their access credentials confidential. b. Systems. Trane will access the Extranet only through computing or processing systems or applications running operating systems managed by Trane that include: (i) system network firewalls; (ii) centralized patch management; (iii) operating system appropriate anti-malware software; and (iv) for portable devices, full disk encryption. c. Restrictions. Unless otherwise approved by Customer in writing, Trane will not download, mirror or permanently store any HVAC Machine Data from any Extranet on any medium, including any machines, devices or servers. d. Account Termination. Trane will terminate the account of each of Trane’s personnel in accordance with Trane’s standard practices after any specific Trane personnel who has been authorized to access any Extranet (1) no longer needs access to HVAC Machine Data or (2) no longer qualifies as Trane personnel (e.g., the individual leaves Trane’s employment). e. Third Party Systems. Trane will provide Customer prior notice before it uses any third party system that stores or may otherwise have access to HVAC Machine Data, unless (1) the data is encrypted and (2) the third party system will not have access to the decryption key or unencrypted “plain text” versions of the HVAC Machine Data. 3. Customer Data; Confidentiality. Trane shall keep confidential, and shall not access or use any Customer Data and information that is marked confidential or by its nature is considered confidential (“Customer Confidential Information”) other than for the 516 City of Boynton Beach - Utilities Admin SS Replace April 30, 2025 Page 8 of 9 © 2025 Trane Technologies. All Rights Reserved. Confidential and Proprietary Information of Trane U.S. Inc. purpose of providing the Equipment and Services, and will disclose Customer Confidential Information only: (i) to Trane’s employees and agents who have a need to know to perform the Services, (ii) as expressly permitted or instructed by Customer, or (iii) to the minimum extent required to comply with applicable law, provided that Trane (1) provides Customer with prompt written notice prior to any such disclosure, and (2) reasonably cooperate with Customer to limit or prevent such disclosure. 4. Customer Data; Compliance with Laws. Trane agrees to comply with laws, regulations governmental requirements and industry standards and practices relating to Trane’s processing of Customer Confidential Information (collectively, “Laws”). 5. Customer Data; Information Security Management. Trane agrees to establish and maintain an information security and privacy program, consistent with applicable HVAC equipment industry practices that complies with this Addendum and applicable Laws (“Information Security Program”). The Information Security Program shall include appropriate physical, technical and administrative safeguards, including any safeguards and controls agreed by the Parties in writing, sufficient to protect Customer systems, and Customer’s Confidential Information from unauthorized access, destruction, use, modification or disclosure. The Information Security Program shall include appropriate, ongoing training and awareness programs designed to ensure that Trane’s employees and agents, and others acting on Trane’s, behalf are aware of and comply with the Information Security Program’s policies, procedures, and protocols. 6. Monitoring. Trane shall monitor and, at regular intervals consistent with HVAC equipment industry practices, test and evaluate the effectiveness of its Information Security Program. Trane shall evaluate and promptly adjust its Information Security Prog ram in light of the results of the testing and monitoring, any material changes to its operat ions or business arrangements, or any other facts or circumstances that Trane knows or reasonably should know may have a material impact on the security of Customer Confidential Information, Customer systems and Customer property. 7. Audits. Customer acknowledges and agrees that the Trane SOC2 audit report will be used to satisfy any and all audit/inspection requests/requirements by or on behalf of Customer. Trane will make its SOC2 audit report available to Customer upon request and with a signed nondisclosure agreement. 8. Information Security Contact. Trane’s information security contact is Local Sales Office. 9. Security Incident Management. Trane shall notify Customer after the confirmation of a Security Incident that affects Customer Confidential Information, Customer systems and Customer property. The written notice shall summarize the nature and scope of the Security Incident and the corrective action already taken or planned. 10. Threat and Vulnerability Management. Trane regularly performs vulnerability scans and addresses detected vulnerabilities on a risk basis. Periodically, Trane engages third-parties to perform network vulnerability assessments and penetration testing. Vulnerabilities will be reported in accordance with Trane’s cybersecurity vulnerability reported process. Trane periodically provides security updates and software upgrades. 11. Security Training and Awareness. New employees are required to complete security training as part of the new hire process and receive annual and targeted training (as needed and appropriate to their role) thereafter to help maintain compliance with Security Policies, as well as other corporate policies, such as the Trane Code of Conduct. This includes requiring Trane employees to annually re-acknowledge the Code of Conduct and other Trane policies as appropriate. Trane conducts periodic security awareness campaigns to educate personnel about their responsibilities and provide guidance to create and maintain a secure workplace. 12. Secure Disposal Policies. Trane will maintain policies, processes, and procedures regarding the disposal of tangible and intangible property containing Customer Confidential Information so that wherever possible, Customer Confidential Information cannot be practicably read or reconstructed. 13. Logical Access Controls. Trane employs internal monitoring and logging technology to help detect and prevent unauthorized access attempts to Trane’s corporate networks and production systems. Trane’s monitoring includes a review of changes affecting systems’ handling authentication, authorization, and auditing, and privileged access to Trane production systems. Trane uses the principle of “least privilege” (meaning access denied unless specifically granted) for access to customer data. 14. Contingency Planning/Disaster Recovery. Trane will implement policies and procedures required to respond to an emergency or other occurrence (i.e. fire, vandalism, system failure, natural disaster) that could damage Customer Data or any system that contains Customer Data. Procedures include the following (i) Data backups; and (ii) Formal disaster recovery plan. Such disaster recovery plan is tested at least annually. 15. Return of Customer Data. If Trane is responsible for storing or receiving Customer Data, Trane shall, at Customer’s sole discretion, deliver Customer Data to Customer in its preferred format within a commercially reasonable period of time following the expiration or earlier termination of the Agreement or, such earlier time as Customer requests, securely destroy or render unreadable or undecipherable each and every original and copy in every media of all Customer’s Data in Trane’s possession, 517 City of Boynton Beach - Utilities Admin SS Replace April 30, 2025 Page 9 of 9 © 2025 Trane Technologies. All Rights Reserved. Confidential and Proprietary Information of Trane U.S. Inc. custody or control no later than [90 days] after receipt of Customer’s written instructions directing Trane to delete the Customer Data. 16. Background Checks Trane shall take reasonable steps to ensure the reliability of its employees or other personnel having access to the Customer Data, including the conducting of appropriate background and/or verification checks in accordance with Trane policies. 17. DISCLAIMER OF WARRANTIES. EXCEPT FOR ANY APPLICABLE WARRANTIES IN THE AGREEMENT, THE SERVICES ARE PROVIDED "AS IS", WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT AS TO SUCH SERVICES SHALL BE WITH CUSTOMER. TRANE DISCLAIMS ANY AND ALL OTHER EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICES AND THE SERVICES PROVIDED HEREUNDER, INCLUDING ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE SERVICES WILL OPERATE ERROR-FREE OR UNINTERRUPTED OR RETURN/RESPONSE TO INQUIRIES WITHIN ANY SPECIFIC PERIOD OF TIME. October 2024 Supersedes: November 2023v2 518 July 24,2025 To Whom It May Concern: We have completed our review of proposal H4-123128-25-003A. We confirm that the following components of the proposal are in accordance with Trane contract #3341: •Equipment discount rates •Hourly labor rates •Materials margin rate Our procedures were limited solely to confirming the aforementioned components of proposal number H4-123128-25-003A were in agreement with Trane contract #3341. We did not review any other components of this proposal. This report is intended solely for the information and use of OMNIA Partners, Trane,and City of Boynton Beach. This report is not intended to be, and should not be, used by anyone other than those specified parties. HeimLantz CPAs and Advisors, LLC Annapolis, MD 519 COBB Water Treatment Facility Replace 5 & 20T RTUs Pro ID: 8211083 July 21, 2025 Customer: City of Boynton Beach – Water Treatment Facility 5469 Boynton Beach Blvd. Boynton Beach, FL 33437 Attention: Howard Kerr Re: COBB Water Treatment Facility Replace 5T & 20T RTUs Trane is pleased to offer this proposal to replace the (2) DX Packaged Roof Top Unit (RTU) located at the above referenced site. The existing unit will be replaced in like-for-like fashion. This proposal reflects a “Turnkey Project” and includes the necessary: Materials, Installation Labor, Subcontracts, Project Management and Supervision. Start-up of the (2) new DX RTUs will be performed by factory certified technician upon completion with applicable factory warranties. We have excluded permit fees; they will be passed through from local municipality upon completion. Our pricing and proposal are further defined by the following equipment and installation, scope of work. Mechanical Installation Scope 1. During an agreed upon time, Trane will shut down and electrically tag-out the existing equipment and components to be removed. 2. Mechanically and electrically disconnect the existing (2) RTUs being replaced and prepare for removal. 3. Remove and properly dispose of the existing equipment, system components, refrigerant and associated material or debris, per current EPA guidelines. 4. Provide crane to remove old, install (2) new customer provided Trane RTUs. 5. Furnish and install new sheet metal transition ductwork for both RTUs. 6. Furnish and install a new downflow adapter for the 20T RTU and tie into the existing ductwork. 7. Furnish and install JBox, extend conduit and wiring, and re-connect existing power supply to new RTUs. 8. Provide Engineered Wind Load Calculation and Tie-down details as required by Florida Building Code 9. Start up and equipment commissioning of (2) new Trane RTUs to be performed by Trane Factory Certified Technician, upon completion of the installation. 10. One-year warranty on new equipment parts and labor. Not Included: ➢ New 5 & 20 ton Packaged units. Customer to provide. ➢ After hours work. ➢ Any Building Automation Controls. ➢ Any temporary cooling during replacement of units. ➢ Permit fees, permit application and acquisition will be handled by Trane, actual permit costs will be passed through with 0% markup in form of a change order. ➢ Any fire alarm related controls, piping, wiring, components, smoke detectors, permits, associated labor, or other fire protection of any kind. ➢ Any electrical other than mentioned in scope. ➢ Independent test and balance. ➢ Any changes or additions to the scope of work as described above. Trane US 6965 Vista Parkway North Ste. 11 West Palm Beach, FL 33411 Phone: (561) 683-1521 Fax: (561) 697-8714 520 COBB Water Treatment Facility Replace 5 & 20T RTUs Pro ID: 8211083 Pricing and Acceptance: Price for Mechanical Installation Scope as Specified Above ………...….$80,265.00 **Assumes (1) Crane visit to do both RTUs** The pricing outlined above is based upon OMNIA Contract Racine# 3341 Quote # H4-123128-25-003A Thank you for giving Trane this opportunity and feel free to contact me at any time with questions or concerns. Sincerely, Jerry Shugart Amar Sukhai Senior Account Manager Services Turnkey (561) 287-2681 (786) 423-4196 This proposal is valid for 60 days from the date of proposal. This agreement is subject to the attached Trane Terms and Conditions. CUSTOMER ACCEPTANCE Authorized Representative Printed Name Title Purchase Order Acceptance Date License Number: CAC#0023485 521 COBB Water Treatment Facility Replace 5 & 20T RTUs Pro ID: 8211083 TERMS AND CONDITIONS – QUOTED SERVICE 1-10.48 (0225) “Company” shall mean Trane U.S. Inc. for Company performance in the United States and Trane Canada ULC for Company performance in Canada. To obtain repair service within the scope of Services as defined, contact your local Trane District office identified on the first page of the Agreement by calling the telephone number stated on that page. That Trane District office is responsible for Company’s performance of this Agreement. Only Trane authorized personnel may perform service under this Agreement. For Service covered under this Agreement , Company will be responsible for the cost of transporting a part requiring service. 1. Agreement. These terms and conditions are an integral part of Company’s offer and form the basis of any agreement (the “Agreement”) resulting from Company’s proposal (the “Proposal”) for the services (the “Services”) on equipment listed in the Proposal (the “Covered Equipment”). COMPANY’S TERMS AND CONDITIONS ARE SUBJECT TO PERIODIC CHANGE OR AMENDMENT. 0. Connected Services. In addition to these terms and conditions, the Connected Services Terms of Service (“Connected Services Terms”), available at https://www.trane.com/TraneConnectedServicesTerms, as updated from time to time, are incorporated herei n by reference and shall apply to the extent that Company provides Customer with Connected Services, as defined in the Connected Se rvices Terms. 2. Acceptance. The Proposal is subject to acceptance in writing by the party to whom this offer is made or an authorized agent (“Customer”) delivered to Company within 30 days from the date of the Proposal. If Customer accepts the Proposal by placing a n order, without the addition of any other terms and conditions of sale or any other modification, Customer’s order shall be deemed acceptance of the Proposal subject to Company’s terms and conditions. If Customer’s order is expressly conditioned upon the Company’s acceptance or assent to terms and/or conditions other than those expressed herein, return of such order by Company with Company’s terms and condit ions attached or referenced serves as Company’s notice of objection to Customer’s terms and as Company’s counteroffer to provide Services in accordance with the Proposal. If Customer does not reject or object in writing to Company within 10 days, the Company’s counteroffer wil l be deemed accepted. Customer’s acceptance of the Services by Company will in any event constitute an acceptance by Customer of Company’s terms and conditions. In the case of a dispute, the applicable terms and conditions will be those in effect at the time of delivery or acceptance of the Services. This Agreement is subject to credit approval by Company. Upon disapproval of credit, Company may delay or suspend performance or, at its option, renegotiate prices and/or terms and conditions with Customer. If Company and Customer are unable to agree on such revisions, this Agreement shall be cancelled without any liability, other than Customer’s obligation to pay for Services rendered by Company to the date of cancellation. 3. Cancellation by Customer Prior to Services; Refund. If Customer cancels this Agreement within (a) thirty (30) days of the dat e this Agreement was mailed to Customer or (b) twenty (20) days of the date this Agreement was delivered to Customer, if it was de livered at the time of sale, and no Services have been provided by Company under this Agreement, the Agreement will be void and Company will refund to Customer, or credit Customer’s account, the full Service Fee of this Agreement that Customer paid to Co mpany, if any. A ten percent (10%) penalty per month will be added to a refund that is due but is not paid or credited within forty -five (45) days after return of this Agreement to Company. Customer’s right to cancel this Agreement only applies to the original owner of this Agreement and only if no Services have been provided by Company under this Agreement prior to its return to Company. 4. Cancellation by Company. This Agreement may be cancelled by Company for any reason or no reason, upon written notice from Company to Customer no later than 30 days prior to performance of any Services hereunder and Company will refund to Customer, or credit Customer’s account, that part of the Service Fee attributable to Services not performed by Company. Customer shall remain lia ble for and shall pay to Company all amounts due for Services provided by Company and not yet paid. 5. Services Fees and Taxes. Fees for the Services (the “Service Fee(s)”) shall be as set forth in the Proposal and are based on performance during regular business hours. Fees for outside Company’s regular business hours and any after-hours services shall be billed separately according to the then prevailing overtime or emergency labor/labour rates. In addition to the stated Service Fee, Customer shall pay all taxes not legally required to be paid by Company or, alternatively, shall provide Company with acc eptable tax exemption certificates. Customer shall pay all costs (including attorneys’ fees) incurred by Company in attempting to collect amounts due. 6. Payment. Payment is due upon receipt of Company’s invoice. Company reserves the right to add to any account outstanding for more than 30 days a service charge equal to the lesser of the maximum allowable legal interest rate or 1.5% of the principal amount due at the end of each month. Customer shall pay all costs (including attorneys’ fees) incurred by Company in attempting to collect amounts due or otherwise enforcing these terms and conditions. 7. Customer Breach. Each of the following events or conditions shall constitute a breach by Customer and shall give Company the right, without an election of remedies, to terminate this Agreement or suspend performance by delivery of written notice: (1) Any failure by Customer to pay amounts when due; or (2) any general assignment by Customer for the benefit of its creditors, or if Customer becomes bankrupt or insolvent or takes the benefit of any statute for bankrupt or insolvent debtors, or makes or proposes to make any proposal or arrangement with creditors, or if any steps are taken for the winding up or other termination of Customer or the liquidation of its assets, or if a trustee, receiver, or similar person is appointed over any of the assets or interests of Customer; (3) Any representation or warranty furnished by Customer in connection with this Agreement is false or misleading in any material respect when made; or (4) Any failure by Customer to perform or comply with any material provision of this Agreement. Customer shall be liable to the Company for all Services furnished to date and all damages sustained by Company (including lost profit and overhead) 8. Performance. Company shall perform the Services in accordance with industry standards generally applicable in the state or province where the Services are performed under similar circumstances as of the time Company performs the Services. Company i s not liable for any claims, damages, losses, or expenses, arising from or related to work done by or services provided by individuals or entities that are not employed by or hired by Company. Company may refuse to perform any Services or work where working con ditions could endanger property or put at risk the safety of people. Parts used for any repairs made will be those selected by Company as suitable f or the repair and may be parts not manufactured by Company. Customer must reimburse Company for services, repairs, and/or replacements performed by Company at Customer’s request beyond the scope of Services or otherwise excluded under this Agreement. The reimbursement shal l be at the then prevailing applicable regular, overtime, or holiday rates for labor/labour and prices for materials. Prior to Company performing the additional services, repairs, and/or replacements, Customer may request a separate written quote stating the work to be perfo rmed and the price to be paid by Customer for the work. 1 | P a g e © 2025 Trane. All Rights Reserved. Confidential and Proprietary Information of Trane 10. Customer Obligations. Customer shall: (a) provide Company reasonable and safe access to the Covered Equipment and areas where Company is to work; and (b) unless otherwise agreed by Customer and Company, at Customer’s expense and before the Services be gin, 522 COBB Water Treatment Facility Replace 5 & 20T RTUs Pro ID: 8211083 Customer will provide any necessary access platforms, catwalks to safely perform the Services in compliance with OSHA, state, or provincial industrial safety regulations or any other applicable industrial safety standards or guidelines. 11. Exclusions. Unless expressly included in the Proposal, the Services do not include, and Company shall not be responsible for or liable to the Customer for, any claims, losses, damages or expenses suffered by the Customer in any way connected with, rela ting to or arising from any of the following: (a) Any guarantee of room conditions or system performance; (b) Inspection, operation, maintenance, repair, replacement or performance of work or services outside the Services; (c) Damage, repairs or replacement of parts made necessary as a result of the acts or omission of Customer or any Event of Force Majeure; (d) Any claims, damages, losses, or expenses, arising from or related to conditions that existed in, on, or upon the premises before the effective date of this Agreement (“Pre-Existing Conditions”) including, without limitation, damages, losses, or expenses involving a Pre-Existing Condition of building envelope issues, mechanical issues, plumbing issues, and/or indoor air quality issues involving mold/mo uld, bacteria, microbial growth, fungi or other contaminates or airborne biological agents; and (e) Replacement of refrigerant is excluded,unless replacement of refrigerant is expressly stated as included with the Proposal. 12. Limited Warranty. Company warrants that: (a) the material manufactured by Company and provided to the Customer in perform ance of the Services is free from defects in material and manufacture for a period of 12 months from the earlier of the date of equ ipment start-up or replacement and (b) the labor/labour portion of the Services is warranted to have been properly performed for a period of 90 days from date of completion (the "Limited Warranty"). Company obligations of equipment start-up, if any are stated in the Proposal, are coterminous with the Limited Warranty period. Defects must be reported to Company within the Limited Warranty period. Company’s obligation under t he Limited Warranty is limited to repairing or replacing the defective part at its option and to correcting any improperly performed labor/labour. No liability whatsoever shall attach to Company until the Services have been paid for in full. Exclusions from this Limited Warranty inclu de claims, losses, damages, and expenses in any way connected with, related to, or arising from failure or malfunction of equipment due to the following: wear and tear; end of life failure; corrosion; erosion; deterioration; Customer's failure to follow the Company -provided maintenance plan; unauthorized or improper maintenance; unauthorized or improper parts or material; refrigerant not supplied by Company; and modifications made by others to Company's equipment. Company shall not be obligated to pay for the cost of lost refrigerant or lost product. Some components of Company equipment may be warranted directly from the component supplier, in which case this Limited Warranty shall no t apply to those components and any warranty of such components shall be the warranty given by the component supplier. Notwiths tanding the foregoing, all warranties provided herein terminate upon termination or cancellation of this Agreement. Equipment, material and/or parts that are not manufactured by Company (“Third-Party Product(s)”) are not warranted by Company and have such warranties as may be extended by the respective manufacturer. CUSTOMER UNDERSTANDS THAT COMPANY IS NOT THE MANUFACTURER OF ANY THIRD-PARTY PRODUCT(S) AND ANY WARRANTIES, CLAIMS, STATEMENTS, REPRESENTATIONS, OR SPECIFICATIONS ARE THOSE OF THE THIRD-PARTY MANUFACTURER, NOT COMPANY AND CUSTOMER IS NOT RELYING ON ANY WARRANTIES, CLAIMS, STATEMENTS, REPRESENTATIONS, OR SPECIFICATIONS REGARDING THE THIRD-PARTY PRODUCT THAT MAY BE PROVIDED BY COMPANY OR ITS AFFILIATES, WHETHER ORAL OR WRITTEN. THE REMEDIES SET FORTH IN THIS LIMITED WARRANTY ARE THE SOLE AND EXCLUSIVE REMEDIES FOR WARRANTY CLAIMS PROVIDED BY COMPANY TO CUSTOMER UNDER THIS AGREEMENT AND ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES, LIABILITIES, CONDITIONS AND REMIDIES, WHETHER IN CONTRACT, WARRANTY, STATUTE, OR TORT (INCLUDING NEGLIGENCE), EXPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR FITNESS FOR A PARTICULAR PURPOSE AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE. COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, ENDORSEMENTS OR CONDITIONS OF ANY KIND. EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF QUALITY, FITNESS, MERCHANTABILITY, DURABILITY AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE OR REGARDING PREVENTION BY THE SCOPE OF SERVICES, OR ANY COMPONENT THEREOF. COMPANY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. ADDITIONALLY, COMPANY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND REGARDING PREVENTING, ELIMINATING, REDUCING OR INHIBITING ANY MOLD, FUNGUS, BACTERIA, VIRUS, MICROBIAL GROWTH, OR ANY OTHER CONTAMINANTS (INCLUDING COVID-19 OR ANY SIMILAR VIRUS) (COLLECTIVELY, “CONTAMINANTS”), WHETHER INVOLVING OR IN CONNECTION WITH EQUIPMENT, ANY COMPONENT THEREOF, SERVICES OR OTHERWISE. IN NO EVENT SHALL COMPANY HAVE ANY LIABILITY FOR THE PREVENTION, ELIMINATION, REDUCTION OR INHIBITION OF THE GROWTH OR SPREAD OF SUCH CONTAMINANTS INVOLVING OR IN CONNECTION WITH ANY EQUIPMENT, THIRD-PARTY PRODUCT, OR ANY COMPONENT THEREOF, SERVICES OR OTHERWISE AND CUSTOMER HEREBY SPECIFICALLY ACKNOWLDGES AND AGREES THERETO 13. Indemnity. To the maximum extent permitted by law, Company and Customer shall indemnify and hold harmless each other from any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attorneys' fees, resulting from death or bodily injury or damage to real or personal property, to the extent caused by the negligence or misconduct of the indemnifying party, and/or i ts respective employees or authorized agents in connection with their activities within the scope of this Agreement. Neither party shall indemnify the other against claims, damages, expenses, or liabilities to the extent attributable to the acts or omissions of the other party or t hird parties. If the parties are both at fault, the obligation to indemnify shall be proportional to their relative fault. The duty to indemnify and hold harmless will continue in full force and effect, notwithstanding the expiration or early termination of this Agreement, with respect to any claims based on facts or conditions that occurred prior to expiration or termination of this Agreement. 14. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, NEITHER PARTY SHALL BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION REFRIGERANT LOSS, PRODUCT LOSS, LOST REVENUE OR PROFITS, OR LIABILITY TO THIRD PARTIES), INCLUDING CONTAMINANTS LIABILITIES, OR PUNITIVE DAMAGES WHETHER BASED IN CONTRACT, WARRANTY, STATUTE, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR ANY OTHER LEGAL THEORY OR FACTS. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE TOTAL AND AGGREGATE LIABILITY OF THE COMPANY TO THE CUSTOMER WITH RESPECT TO ANY AND ALL CLAIMS CONNECTED WITH, RELATED TO OR ARISING FROM THE PERFORMANCE OR NON¬PERFORMANCE OF THIS AGREEMENT, WHETHER BASED IN CONTRACT, WARRANTY, STATUTE, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR ANY OTHER LEGAL THEORY OR FACTS, SHALL NOT EXCEED THE COMPENSATION RECEIVED BY COMPANY UNDER THIS AGREEMENT. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY DAMAGES (WHETHER DIRECT OR INDIRECT) RESULTING FROM MOLD, FUNGUS, BACTERIA, MICROBIAL GROWTH, OR OTHER CONTAMINATES OR AIRBORNE BIOLOGICAL AGENTS. TO THE MAXIMUM EXTENT ALLOWED BY LAW, COMPANY SHALL NOT BE LIABLE FOR ANY OF THE FOLLOWING IN CONNECTION WITH PROVIDING THE ENERGY AND BUILDING PERFORMANCE 2 | P a g e © 2025 Trane. All Rights Reserved. Confidential and Proprietary Information of Trane 523 COBB Water Treatment Facility Replace 5 & 20T RTUs Pro ID: 8211083 SERVICES: INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION; CUSTOMER’S NETWORK SECURITY; COMPUTER VIRUS; COMMUNICATION FAILURE; THEFT OR DESTRUCTION OF DATA; GAPS IN DATA COLLECTED; AND UNAUTHORIZED ACCESS TO CUSTOMER’S DATA OR COMMUNICATIONS NETWORK. 15. CONTAMINANTS LIABILITY The transmission of COVID-19 may occur in a variety of ways and circumstances, many of the aspects of which are currently not known. HVAC systems, products, services and other offerings have not been tested for their effectiveness in reducing the spread of COVID-19, including through the air in closed environments. IN NO EVENT WILL COMPANY BE LIABLE UNDER THIS AGREEMENT OR OTHERWISE FOR ANY INDEMNIFICATION, ACTION OR CLAIM, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHERWISE, FOR ANY BODILY INJURY (INCLUDING DEATH), DAMAGE TO PROPERTY,OR ANY OTHER LIABILITIES, DAMAGES OR COSTS RELATED TO CONTAMINANTS (INCLUCING THE SPREAD, TRANSMISSION MITIGATION, ELIMINATION, OR CONTAMINATION THEREOF) (COLLECTIVELY, “CONTAMINANTS LIABILITIES”) AND CUSTOMER HEREBY EXPRESSLY RELEASES COMPANY FROM ANY SUCH CONTAMINANT LIABILITIES. 16. Asbestos and Hazardous Materials. The Services expressly exclude any identification, abatement, cleanup, control, disposal, removal or other work connected with asbestos or other hazardous materials (collectively, “Hazardous Materials”). Should Company become aware of or suspect the presence of Hazardous Materials, Company may immediately stop work in the affected area and shall not ify Customer. Customer will be responsible for taking any and all action necessary to correct the condition in accordance with all applicable laws and regulations. Customer shall be exclusively responsible for any claims, liability, fees and penalties, and the payment thereof , arising out of or relating to any Hazardous Materials on or about the premises, not brought onto the premises by Company. Company shall be required to resume performance of the Services only when the affected area has been rendered harmless. 17. Insurance. Company agrees to maintain the following insurance during the term of the contract with limits not less than shown below and will, upon request from Customer, provide a Certificate of evidencing the following coverage: Commercial General Liability $2,000,000 per occurrence Automobile Liability $2,000,000 CSL Workers Compensation Statutory Limits If Customer has requested to be named as an additional insured under Company’s insurance policy, Company will do so but only subject to Company’s manuscript additional insured endorsement under its primary Commercial General Liability policies. In no event does Company or its insurer waive its right of subrogation 18. Force Majeure. Company’s duty to perform under this Agreement is contingent upon the non-occurrence of an Event of Force Majeure. If Company shall be unable to carry out any material obligation under this Agreement due to an Event of Force Majeure, this Agreement shall at Company’s election (i) remain in effect but Company’s obligations shall be suspended until the uncontrollab le event terminates or (ii) be terminated upon ten (10) days’ notice to Customer, in which event Customer shall pay Company for all parts of the Services furnished to the date of termination. An "Event of Force Majeure" shall mean any cause or event beyond the control o f Company. Without limiting the foregoing, “Event of Force Majeure” includes: acts of God; acts of terrorism, war or the public enemy; flood; earthquake; lightning; tornado; storm; fire; civil disobedience; pandemic insurrections; riots; labor disputes; labor or material shortages; sabotage; restraint by court order or public authority (whether valid or invalid), and action or non-action by or inability to obtain or keep in force the necessary governmental authorizations, permits, licenses, certificates or approvals if not caused by Company and the requirements of an y applicable government in any manner that diverts either the material or the finished product to the direct or indirect benefit of the government. 19. General. Except as provided below, to the maximum extent provided by law, this Agreement is made and shall be interpreted and enforced in accordance with the laws of the state or province in which the Services are performed without regard to choice of law principles which might otherwise call for the application of a different state’s or province’s law. Any dispute arising under or relatin g to this Agreement that is not disposed of by agreement shall be decided by litigation in a court of competent jurisdiction located in the state or province in which the Services are performed. To the extent the premises are owned and/or operated by any agency of the United States Federal Government, determination of any substantive issue of law shall be according to the United States Federal common law of Government contracts as enunciated and applied by Federal judicial bodies and boards of contract appeals of the Federal Government. This Agreement contains all of the agreements, representations and understandings of the parties and supersedes all previous understandings, commitments or agreements, oral or written, related to the Services. No documents shall be incorporated herein by reference except to the extent Company is a signatory thereon. If any term or condition of this Agreement is invalid, illegal or incapable of being enforced by any rule of law, all other terms and conditions of this Agreement will nevertheless remain in full force and effect as long as the economic or legal substance of the transaction contemplated hereby is not affected in a manner adverse to any party hereto. Customer may not assign, transfer, or convey this Ag reement, or any part hereof, without the written consent of Company. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties hereto and their permitted successors and assigns. This Agreement may be executed in several counterparts, each of wh ich when executed shall be deemed to be an original, but all together shall constitute but one and the same Agreement. A fully executed facsimile copy hereof or the several counterparts shall suffice as an original. No modifications, additions or changes may be made to this A greement except in a writing signed by Company. No failure or delay by the Company in enforcing any right or exercising any remedy under this Agreement shall be deemed to be a waiver by the Company of any right or remedy. 20. Federal Requirements. The Parties shall comply with all United States federal labor law obligations under 29 CFR part 471, appendix A to subpart A. THE FOLLOWING PROVISIONS ARE INCORPORATED HEREIN BY REFERENCE: Executive Order 11701 and 41 CFR §§ 60-250.5(a), 60-300.5; Executive Order 11758 and 41 CFR § 60-741.5(a); U.S. immigration laws, including the L-1 Visa Reform Act of 2004 and the H-1B Visa Reform Act of 2004; and Executive Order 13496. The Parties shall abide by the requirements of 41 CFR 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to protected veteran status or disability. The Parties certify that they do not operate any programs promoting DEI that violate any applicable United States anti-discrimination laws and acknowledge and agree that their compliance with all applicable federal anti-discrimination laws is material to the federal government’s payment decisions. The Parties acknowledge and agree that their employment, procurement, and contracting practices shall not consider race, color, sex, sexual preference, religion, or national origin in ways that violate United States federal civil rights laws. 21. U.S. Government Contracts. The following provision applies only to direct sales by Company to the US Government. The Parties acknowledge that all items or services ordered and delivered under this Agreement / Purchase Order are Commercial Items as defined under Part 12 of the Federal Acquisition Regulation (FAR). In particular, Company agrees to be bound only by those Federal contracting clauses that apply to “commerci al” suppliers and that are contained in FAR 52.212-5(e)(1). Company complies with 52.219-8 or 52.219-9 in its service and installation contracting business. The following provision applies only to indirect sales by Company to the US Government. As a Commercial Item Subcontractor, C ompany accepts only the following mandatory flow down provisions: 52.219-8; 52.222-26; 52.222-35; 52.222-36; 52.222-39; 3 | P a g e © 2025 Trane. All Rights Reserved. Confidential and Proprietary Information of Trane 524 COBB Water Treatment Facility Replace 5 & 20T RTUs Pro ID: 8211083 52.247-64. If the Services are in connection with a U.S. government contract, Customer agrees and hereby certifies that it has provi ded and will provide current, accurate, and complete information, representations and certifications to all government offic ials, including but not limited to the contracting officer and officials of the Small Business Administration, on all matters related to the prime contract, including but not limited to all aspects of its ownership, eligibility, and performance. Anything herein notwithstanding, Company will have no obligations to Customer unless and until Customer provides Company with a true, correct and complete executed copy of the prime contract. Upon request, Customer will provide copies to Company of all requested written communications with any government official related to the prime contract prior to or concurrent with the execution thereof, including but not limited to any communications related to contractor's Customer's ownership, eligibility or performance of the prime contract. Customer will obtain written authorization and approval from Company prior to providing any government official any information about Company's performance of the Services that are the subject of this offer or agreement, other t han the Proposal or this Agreement. 22. Limited Waiver of Sovereign Immunity. If Customer is an Indian tribe (in the U.S.) or a First Nation or Band Council (in Canada), Customer, whether acting in its capacity as a government, governmental entity, a duly organized corporate entity or otherwise, for itself and for its agents, successors, and assigns: (1) hereby provides this limited waiver of its sovereign immunity as to any damages, claims, lawsuit , or cause of action (herein “Action”) brought against Customer by Company and arising or alleged to arise out of the furnishing by Company of any product or service under this Agreement, whether such Action is based in contract, tort, strict liability, civil liability or any oth er legal theory; (2) agrees that jurisdiction and venue for any such Action shall be proper and valid (a) if Customer is in the U.S., in any state or United States court located in the state in which Company is performing this Agreement or (b) if Customer is in Canada, in the superior court of the province or territory in which the work was performed; (3) expressly consents to such Action, and waives any objection to jurisdiction or venue; (4) waives any requirement of exhaustion of tribal court or administrative remedies for any Action arising out of or related to this Agr eement; and (5) expressly acknowledges and agrees that Company is not subject to the jurisdiction of Customer’s tribal court or any similar t ribal forum, that Customer will not bring any action against Company in tribal court, and that Customer will not avail itself of any ruling or direction of the tribal court permitting or directing it to suspend its payment or other obligations under this Agreement. The individual signing on behalf of Customer warrants and represents that such individual is duly authorized to provide this waiver and enter into this Agreement and that this Agreement constitutes the valid and legally binding obligation of Customer, enforceable in accordance with its terms. 1-10.48 (0225) Supersedes 1-10.48 (1024) 525 July 24,2025 To Whom It May Concern: We have completed our review of proposal H4-123128-25-003B. We confirm that the following components of the proposal are in accordance with Trane contract #3341: •Equipment discount rates •Hourly labor rates •Materials margin rate Our procedures were limited solely to confirming the aforementioned components of proposal number H4-123128-25-003B were in agreement with Trane contract #3341. We did not review any other components of this proposal. This report is intended solely for the information and use of OMNIA Partners, Trane,and City of Boynton Beach. This report is not intended to be, and should not be, used by anyone other than those specified parties. HeimLantz CPAs and Advisors, LLC Annapolis, MD 526 Proposal - RTUs - City of Boynton Beach - Utilities Admin SS Replace 04-30-2025.docx © 2025 Trane Technologies. All Rights Reserved. Confidential and Proprietary Information of Trane U.S. Inc. Proposal - RTUs Proposal is valid for 60 days. Customer must obtain credit approval and release order to production within 60 days of proposal date. PROPRIETARY AND CONFIDENTIAL PROPERTY OF Trane U.S. Inc. DISTRIBUTION TO OTHER THAN THE NAMED RECIPIENT IS PROHIBITED Prepared For: City of Boynton Beach Job Name: City of Boynton Beach - Utilities West Water Treatment Plant Delivery Terms: Freight Allowed and Prepaid - F.O.B. Factory Date: July 21, 2025 Proposal Number: H4-246595-37685-1 Opportunity ID: 8137539 COOP Quote Number: H4-123128-25-003B COOP or Federal Contract ID: OMNIA Racine #3341 Payment Terms: Net 30 Days ___________________________________________________________________________________________ Trane U.S. Inc. is pleased to provide the following proposal for your review and approval. (2) Unitary Packaged Units Product Data All Units DX Cooling High Efficiency R-454B Refrigerant 460/60/3 Symbio 700 Programmable Thermostat (Field Installed) Anti corrosion coating – complete coating 5 year parts and labor warranty Tag(s): ICP-20 ton 20 Ton 36 kW Electric Heat Motorized Outside Air Damper Condensate Overflow Switch Horizontal Conversion Panel (Field Installed) Tag(s): ICP-5 ton 5 Ton 6 kW Electric Heat Motorized Outside Air Damper Condensate Overflow Switch NOT INCLUDED: installation, rigging, supervision, power wiring, startup, curbs, stands, tie-down details, BAS controls, tie-in to controls, communication interface, any material, labor, or warranty beyond listed above. Subtotal Net Price (excluding sales tax and tariff surcharges) ........................................... $ 58,971.52 Tariff Surcharges ................................................................................................................ $ 1,673.00 Total Net Price (excluding sales tax) .................................................................................. $ 60,644.52 527 City of Boynton Beach - Utilities Admin SS Replace April 30, 2025 Page 2 of 8 © 2025 Trane Technologies. All Rights Reserved. Confidential and Proprietary Information of Trane U.S. Inc. Trane shall have the right, at its discretion, to pass along any related increases should (1) its costs related to the manufacture, supply, and shipping for any product or service materially increase. This includes, but is not limited to, cost increases in raw materials, supplier components, labor, utilities, freight, logistics, wages and benefits, regulatory compliance, or any other event beyond Company’s control and/or (2) any tariffs, taxes, levies or fees affecting, placed on or related to any product or service materially increases. Tax Status: Taxable □ Exempt □ If you are claiming an exemption from sales tax on this project, please submit a completed exemption certificate for both the jobsite location state and the state where the equipment will be delivered (if different from the jobsite). You can submit the relevant state exemption certificate at the following link: https://trane.certifytax.com/custportalas.aspx . You will receive an email indicating approval or rejection within 1-2 business days. If your exemption claim is rejected, sales tax will be billed based on the state where the equipment was delivered. For any questions, please email: financial_services-tax_department@tranetechnologies.com. Sincerely, Will Sawarynski Trane U.S. Inc. 2884 Corporate Way Miramar, FL 33025 This proposal is subject to your acceptance of the attached Trane terms and conditions. 528 City of Boynton Beach - Utilities Admin SS Replace April 30, 2025 Page 3 of 8 © 2025 Trane Technologies. All Rights Reserved. Confidential and Proprietary Information of Trane U.S. Inc. TERMS AND CONDITIONS - COMMERCIAL EQUIPMENT “Company” shall mean Trane U.S. Inc. for sales in the United States and Trane Canada ULC for sales in Canada. 1. Acceptance. These terms and conditions are an integral part of Company’s offer and form the basis of any agreement (the “Agreement”) resulting from Company’s proposal (the “Proposal”) for the sale of the described commercial equipment and any ancillary services (the “Equipment”). COMPANY’S TERMS AND CONDITIONS AND EQUIPMENT PRICES ARE SUBJECT TO PERIODIC CHANGE OR AMENDMENT . The Proposal is subject to acceptance in writing by the party to whom this offer is made or an authorized agent (“Customer”) delivered to Company within 15 days from the date of the Proposal. Prices in the Proposal are subject to change at any time upon notice to Customer. If Customer accepts the Proposal by placing an order, without the addition of any other terms and conditions of sale or any other modification, Customer’s order shall be deemed acceptance of the Proposal subject to Company’s terms and conditions. If Customer’s order is expressly conditioned upon Company’s acceptance or assent to terms and/or conditions other than those expressed herein, return of such order by Company with Company’s terms and conditions attached or referenced serves as Company’s notice of objection to Customer’s terms and as Company’s counteroffer to provide Equipment in accordance with the Proposal and the Company’s terms and conditions. If Customer does not reject or object in writing to Company within 10 days, Company’s counteroffer will be deemed accepted. Notwithstanding anything to the contrary herein, Customer’s acceptance of the Equipment will in any event constitute an acceptance by Customer of Company’s terms and conditions. This Agreement is subject to credit approval by Company. Upon disapproval of credit, Compan y may delay or suspend performance or, at its option, renegotiate prices and/or terms and conditions with Customer. If Company and Customer are unable to agree on such revisions, this Agreement shall be cancelled without any liability. 2. Connected Services. In addition to these terms and conditions, the Connected Services Terms of Service (“Connected Services Terms”), available at https://www.trane.com/TraneConnectedServicesTerms, as updated from time to time, are incorporated herein by reference and shall apply to the extent that Company provides Customer with Connected Services, as defined in the Connected Services Terms. 3. Title and Risk of Loss. All Equipment sales with destinations to Canada or the U.S. shall be made as follows: FOB Company’s U.S. manufacturing facility or warehouse (full freight allowed). Title and risk of loss or damage to Equipment will pass to Customer upon tender of delivery of such to carrier at Company’s U.S. manufacturing facility or warehouse. 4. Pricing and Taxes., Within forty-five (45) days following Customer acceptance of the Proposal without addition of any other terms and conditions of sale or any modification, Customer shall provide notification of release for immediate production at Company’s factory. Prices for Equipment are subject to change at any time prior to shipment to reflect any cost increases related to the manufacture, supply, and shipping of Equipment. This includes, but is not limited to, cost increases in raw materials, supplier components, labor, utilities, freight, logistics, wages and benefits, regulatory compliance, or any other event beyond Company’s control. If shipment is delayed due to Customer's actions, Company may also charge Customer with storage fees. If a release is not received within 6 months following order acceptance, Company reserves the right to cancel any order. Company shall be entitled to equitable adjustments in the contract price to reflect any cost increases as set forth above and will provide notice to Customer prior to the date for which the increased price is to be in effect for the applicable customer contrac t. In no event will prices be decreased. The price of Equipment does not include any present or future foreign, federal, state, o r local property, license, privilege, sales, use, excise, value added, gross receipts or other like taxes or assessments. Such amounts will be itemized separately to Customer, who will make prompt payment to Company. Company will accept valid exemption documentation for such taxes and assessments from Customer, if applicable. All prices include packaging in accordance with Company’s standard procedures. Charges for special packaging, crating or packing are the responsibility of Customer. 5. Delivery and Delays. Delivery dates are approximate and not guaranteed. Company will use commercially reasonable efforts to deliver the Equipment on or before the estimated delivery date, will notify Customer if the estimated delivery dates cannot be honored, and will deliver the Equipment and services as soon as practicable thereafter. In no event will Company be liable for any damages or expenses caused by delays in delivery. 6. Performance. Company shall be obligated to furnish only the Equipment described in the Proposal and in submittal data (if such data is issued in connection with the order). Company may rely on the acceptance of the Proposal and submittal data as acceptance of the suitability of the Equipment for the particular project or location. Unless specifically stated in the Proposal, compliance with any local building codes or other laws or regulations relating to specifications or the location, use or operation of the Equipment is the sole responsibility of Customer. If Equipment is tendered that does not fully comply with the provisions of this Agreement and Equipment is rejected by Customer, Company will have the right to cure within a reasonable time after notice thereof by substituting a conforming tender whether or not the time for performance has passed. 7. Force Majeure. Company’s duty to perform under this Agreement and the Equipment prices are contingent upon the non-occurrence of an Event of Force Majeure. If the Company shall be unable to carry out any material obligation under this Agreement due to an Event of Force Majeure, this Agreement shall at Company’s election (i) remain in effect but Company’s obligations shall be suspended until the uncontrollable event terminates or (ii) be terminated upon 10 days’ notice to Customer, in which event Customer shall pay Company for all parts of the Work furnished to the date of termination. An "Event of Force Majeure" shall mean any cause or event beyond the control of Company. Without limiting the foregoing, “Event of Force Majeure” includes: acts of God; acts of terrorism, war or the public enemy; flood; earthquake; tornado; storm; fire; civil disobedience; pandemic insurrections; riots; labor/labour disputes; labor/labour or material shortages; sabotage; restraint by court order or public authority (whether valid or invalid); and action or non-action by or inability to obtain or keep in force the necessary governmental authorizations, permits, licenses, certificates or approvals if not caused by Company; and the requirements of any applicable government in any manner that diverts either the material or the finished product to the direct or indirect benefit of the government. 8. Limited Warranty. Company warrants the Equipment manufactured by Company for a period of the lesser of 12 months from initial start -up or 18 months from date of shipment, whichever is less, against failure due to defects in material and manufacture and that it has the capac ities and ratings set forth in Company's catalogs and bulletins ("Warranty"). Equipment manufactured by Company that includes required start-up and sold in North America will not be warranted by Company unless Company performs the Equipment startup. Exclusions from this Warranty include damage or failure arising from: wear and tear; corrosion, erosion, deterioration; modifications made by others to the Equipment; repairs or alterations by a party other than Company that adversely affects the stability or reliability of the Equipment; vandalism; neglect; accident; adverse weather or environmental conditions; abuse or improper use; improper installation; comm issioning by a party other than Company; unusual physical or electrical or mechanical stress; operation with any accessory, equipment or part not specifically approved by Company; refrigerant not supplied by Company; and/or lack of proper maintenance as recommended by Company. Company shall not be obligated to pay for the cost of l ost refrigerant or lost product. Company's obligations and liabilities under this Warranty are limited to furnishing replacement equipment or parts, at its option, FCA (Incoterms 2000) factory or warehouse (f.o.b. factory or warehouse for US domestic purposes) at Company-designated shipping point, freight-allowed to Company's warranty agent's stock location, for all non- conforming Company-manufactured Equipment (which have been returned by Customer to Company). Returns must have prior written approval by Company and are subject to restocking charge where applicable. Equipment, material and/or parts that are not manufactured by Company (“Third -Party Product(s)”) are not warranted by Company and have such warranties as may be extended by the respective manufacturer. CUSTOMER UNDERSTANDS THAT COMPANY IS NOT THE MANUFACTURER OF ANY THIRD-PARTY PRODUCT(S) AND ANY WARRANTIES, CLAIMS, STATEMENTS, REPRESENTATIONS, OR SPECIFICATIONS ARE THOSE OF THE THIRD-PARTY MANUFACTURER, NOT COMPANY AND CUSTOMER IS NOT RELYING ON ANY WAR RANTIES, CLAIMS, STATEMENTS, REPRESENTATIONS, OR SPECIFICATIONS REGARDING THE THIRD-PARTY PRODUCT THAT MAY BE PROVIDED BY COMPANY OR ITS AFFILIATES, WHETHER ORAL OR WRITTEN. COMPANY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WARRANT Y OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE.ADDITIONALLY, COMPANY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND REGARDING PREVENTING., ELIMINATING, REDUCING OR INHIBITING ANY MOLD, FUNGUS, BACTERIA, VIRUS, MICROBIAL GROWTH, OR ANY OTHER CONTAMINAN TS (INCLUDING COVID-19 OR ANY SIMILAR VIRUS ) (COLLECTIVELY, “CONTAMINANTS”), WHETHER INVOLVING OR IN CONNECTION WITH EQUIPMENT, ANY COMPONENT THEREOF, SERVICES OR OTHERWISE. IN NO EVENT SHALL COMPANY HAVE ANY LIABILITY FOR THE PREVENTION, ELIMINATION, REDUCTION OR INHIBITION OF THE GROWTH OR SPREAD OF SUCH CONTAMINANTS INVOLVING OR IN CONNECTION WITH ANY EQUIPMENT, THIRD - PARTY PRODUCT, OR ANY COMPONENT THEREOF, SERVICES OR OTHERWISE AND CUSTOMER HEREBY SPECIFICALLY ACKNOWLDGES AND AGREES THERETO. No warranty liability whatsoever shall attach to Company until Customer’s complete order has been paid for in full and Company's liability under this Warranty shall be limited to the purchase price of the Equipment shown to be defective. Additional warranty protection is available on an extra-cost basis and must be in writing and agreed to by an authorized signatory of the Company. EXCEPT FOR COMPANY’S WARRANTY EXPRESSLY SET FORTH HEREIN, COMPANY DOES NOT MAKE, AND HEREBY EXPRESSLY DISCLAIMS, ANY WARRANTIES, EXPRESS OR IMPLIED CONCERNING ITS PRODUCTS, EQUIPMENT OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF DESIGN, MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, OR OTHERS THAT ARE ALLEGED TO ARISE FROM COURSE OF DEALING OR TRADE. 9. Indemnity. To the fullest extent permitted by law, Company and Customer shall indemnify, defend and hold harmless each other from any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attorneys' fees, resulting from death or bodily injury or damage to real or personal property, to the extent caused by the negligence or misconduct of their respective employees or other authorized agents in connection with their acti vities within the scope of this Agreement. Neither party shall indemnify the other against claims, damages, expenses or liabilities to the extent attributable to the acts or om issions of the other party. If the parties are both at fault, the obligation to indemnify shall be proportional to their relative fault. The duty to indemnify will continue in full force and effect, notwithstanding the expiration or early termination hereof, with respect to any claims based on facts or conditions that occurred prior to expiration or termination. 529 City of Boynton Beach - Utilities Admin SS Replace April 30, 2025 Page 4 of 8 © 2025 Trane Technologies. All Rights Reserved. Confidential and Proprietary Information of Trane U.S. Inc. 10. Insurance. Upon request, Company will furnish evidence of its standard insurance coverage. If Customer has requested to be named as an additional insured under Company’s insurance policy, Company will do so but only subject to Company’s manuscript additional insured endorsement under its primary Commercial General Liability policies. In no event does Company waive any rights of subrogation. 11. Customer Breach. Each of the following events or conditions shall constitute a breach by Customer and shall give Company the right, without an election of remedies, to terminate this Agreement, require payment prior to shipping, or suspend performance by delivery of writte n notice: (1) Any failure by Customer to pay amounts when due; (2) any general assignment by Customer for the benefit of its creditors, or if Customer becomes bankrupt or insolvent or takes the benefit of any statute for bankrupt or insolvent debtors, or makes or proposes to make any proposal or arrangement with creditors, or if any steps are taken for the winding up or other termination of Customer or the liquidation of its assets, or if a trustee, receiver, or similar person is appointed over any of the assets or interests of Customer; (3) Any representation or warranty furnished by Customer in connection with this Agreement is false or misleading in any material respect when made; or (4) Any failure by Customer to perform or comply with any material provision of this Agreement. Customer shall be liable to the Company for all Equipment furnished and all d amages sustained by Company (including lost profit and overhead). 12. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL , INCIDENTAL, INDIRECT CONSEQUENTIAL, PUNITIVE, EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION REFRIGERANT LOSS, BUSINESS INTERRUPTION, LOST DATA, LOST REVENUE, LOST PROFITS),OR CONTAMINANTS LIABILITIES, EVEN IF A PARTY HAS BEEN ADVISED OF SUCH POSSIBLE DAMAGES OR IF SAME WERE REASONABLY FORESEEABLE AND REGARDLESS OF WHETHER THE CAUSE OF ACTION IS FRAMED IN CONTRACT, NEGLIGENCE, ANY OTHER TORT, WARRANTY, STRICT LIABILITY, OR PRODUCT LIABILITY. In no event will Company’s liability in connection with the provision of products or services or otherwise under this Agreement exceed the entire amount paid to Company by Cust omer under this Agreement. 13. CONTAMINANTS LIABILITY The transmission of COVID-19 may occur in a variety of ways and circumstances, many of the aspects of which are currently not known. HVAC systems, pro ducts, services and other offerings have not been tested for their effectiveness in reducing the spread of CO VID-19, including through the air in closed environments. IN NO EVENT WILL COMPANY BE LIABLE UNDER THIS AGREEMENT OR OTHERWISE FOR ANY INDEMNIFICATION, ACTION, OR CLAIM, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHERWISE, FOR ANY BODILY INJURY (INCLUDING DEATH), DAMAGE TO PROPERTY, OR ANY OTHER LIABILITIES, DAMAGES OR COSTS RELATED TO CONTAMINANTS (INCLUCING THE SPREAD, TRANSMISSION, MITIGATION, ELIMINATION, OR CONTAMINATION THEREOF) (COLLECTIVELY, “CONTAMINANTS LIABILITIES”) AND CUSTOMER HEREBY EXPR ESSLY RELEASES COMPANY FROM ANY SUCH CONTAMINANTS LIABILITIES. 14. Nuclear Liability. In the event that the Equipment sold hereunder is to be used in a nuclear facility, Customer will, prior to such use, arrange for insurance or governmental indemnity protecting Company against all liability and hereby releases and agrees to indemnify Company and its suppliers for any nuclear damage, including loss of use, in any manner arising out of a nuclear incident, whether alleged to be due, in whole or in part to the negligence or otherwise of Company or its suppliers. 15. Intellectual Property; Patent Indemnity. Company retains all ownership, license and other rights to all patents, trademarks, copyrights, trade secrets and other intellectual property rights related to the Equipment, and, except for the right to use the Equipment sold, Customer obtains no rights to use any such intellectual property. Company agrees to defend any suit or proceeding brought against Customer so far as such suit or proceeding is solely based upon a claim that the use of the Equipment provided by Company constitutes infringement of any patent of the United States of America, provided Company is promptly notified in writing and given authority, information and assistance for defense of same. Company will, at its option, procure for Customer the right to continue to use said Equipment, or modify it s o that it becomes non-infringing, or replace same with non-infringing Equipment, or to remove said Equipment and to refund the purchase price. The foregoing will not be construed to include any Agreement by Company to accept any liability whatsoever in respect to patents for inventions including more th an the Equipment furnished hereunder, or in respect of patents for methods and processes to be carried out with the aid of said Equipment. The provision of Equipment by Company does not convey any license, by implication, estoppel, or otherwise, under patent claims covering combinations of said Equipment with other devices or elements. The foregoing states the entire liability of Company with regard to patent infringement. Notwithstanding the provisions of this paragraph, Customer will hold Company harmless against any expense or loss resulting from infringement of patents or trademarks arising from compliance with Customer’s designs or specifications or instructions. 16. Cancellation. Equipment is specially manufactured in response to orders. An order placed with and accepted by Company cannot be delayed, canceled, suspended, or extended except with Company's written consent and upon written terms accepted by Company that will reimburse Company for and indemnify Company against loss and provide Company with a reasonable profit for its materials, time, labor, services, use of facilities and otherwise. Customer will be obligated to accept any Equipment shipped, tendered for delivery or delivered by Company pursuant to the order prior to any agreed delay, cancellation, suspension or extension of the order. Any attempt by Customer to unilaterally revoke, delay or suspend acceptance for any reason whatever after it has agreed to delivery of or accepted any shipment shall constitute a breach of this Agreement. For purposes of this paragraph, acceptance occurs by any waiver of inspection, use or possession o f Equipment, payment of the invoice, or any indication of exclusive control exercised by Customer. 17. Invoicing and Payment. Unless otherwise agreed to in writing by Company, equipment shall be invoiced to Customer upon tender of delivery thereof to the carrier. Customer shall pay Company’s invoices within net 30 days of shipment date. Company reserves the right to add to any account outstanding for more than 30 days a service charge equal to the lesser of the maximum allowable legal interest rate or 1.5% of the principal amount due at the end of each month. Customer shall pay all costs (including attorneys’ fees) incurred by Company in attempting to collect amounts due and otherwise enforcing these terms and conditions. If requested, Company will provide appropriate lien waivers upon receipt of payment. Company may at any time decline to ship, make delivery or perform work except upon receipt of cash payment, letter of credit, or security, or upon other terms and conditions satisfactory to Company. Customer agrees that, unless Custo mer makes payment in advance, Company will have a purchase money security interest in all Equipment to secure payment in full of all amounts due Company and its order for the Equipment, togeth er with these terms and conditions, form a security agreement (as defined by the UCC in the United States and as defined in the Personal Property Security Act in Canada). Customer shall keep the Equipment free of all taxes and encumbrances, shall not remove the Equipment from its original installation point and shall not assign or transfer any interest in the Equipment until all payments due Company have been made. The purchase money security interest granted herein attaches upon Company’s acceptance of Customer’s order and on receipt of the Equipment described in the accepted Proposal but prior to its installation. The parties have no agreement to postpone the time for attachment unless specifically noted in writing on the accepted order. Customer will have no rights of set off against any amounts, which become payable to Company under this Agreement or otherwise. 18. Claims. Company will consider claims for concealed shortages in shipments or rejections due to failure to conform to an order only if such claims or rejections are made in writing within 15 days of delivery and are accompanied by the packing list and, if applicable, the reasons in detail why the Equipment does not conform to Customer’s order. Upon receiving authorization and shipping instructions from authorized personnel of Company, Customer may return rejected Equipment, transportation charges prepaid, for replacement. Company may charge Customer any costs resulting from the testing, handling, and disposition of any Equipment returned by Customer which are not found by Company to be nonconforming. All Equipment damaged during shipment and all claims relating thereto must be made with the freight carrier in accordance with such carrier’s policies and procedures. Claims for Equipment damaged during shipment are not covered under the warranty provision stated herein. 19. Export Laws. The obligation of Company to supply Equipment under this Agreement is subject to the ability of Company to supply such items consistent with applicable laws and regulations of the United States and other governments. Company reserves the right to refuse to enter into or perform any order, and to cancel any order, under this Agreement if Company in its sole discretion determines that performance of the transaction to which such order relates would violate any such applicable law or regulation. Customer will pay all handling and other similar costs from Company’s factories including the costs of freight, insurance, export clearances, import duties and taxes. Customer will be “exporter of record” with respect to any export from the United States of America and will perform all compliance and logistics functions in connection therewith and will also comply with all applicable laws, rules and regulations. Customer understands that Company and/or the Equipment are subject to laws and regulations of the United States of America which may require licensing or authorization for and/or prohibit export, re -export or diversion of Company’s Equipment to certain countries, and agrees it will not knowingly assist or participate in any such diversion or other violation of applicable United States of America laws and regulations. Customer agrees to hold harmless and indemnify Company for any damages resulting to Customer or Company from a breach of this paragraph by Customer. 20. General. Except as provided below, to the maximum extent provided by law, this Agreement is made and shall be interpreted and enforced in accordance with the laws of the state of New York for Equipment shipped to a U.S. location and the laws of the province to which Equipment is shipped within Canada, without regard to its conflict of law principles that might otherwise call for the application of a different state’s or province’s law , and not including the United Nations Convention on Contracts for the International Sale of Goods. To the extent the Equipment is being used at a site owned and/or operated by any agency of the Federal Government, determination of any substantive issue of law shall be according to the Federal common law of Government contracts as enunciated and applied by Federal judicial bodies and boards of contract appeals of the Federal Government. This Agreement contains all of the agreements, representations and understandings of the parties and supersedes all previous understandings, commitments or agreements, oral or written, related to the subject matter hereof. This Agreement may not be amended, modified or terminated except by a writing signed by the parties hereto. No documents shall be incorporated herein by reference except to the extent Company is a signatory thereon. If any term or condition of this Agreement is invalid, illegal or incapable of being enforced by any rule of law, all other terms and conditions of this Agreement will nevertheless remain in full force and effect as long as the economic or legal substance of the transaction contemplated hereby is not affected in a manner adverse to any party hereto. Customer may not assign, transfer, or convey this Agreement, or any part hereof, or its right, title or interest herein, without the written consent of the Company. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of Customer’s permitted successors and assigns. This Agreement may be executed in several 530 City of Boynton Beach - Utilities Admin SS Replace April 30, 2025 Page 5 of 8 © 2025 Trane Technologies. All Rights Reserved. Confidential and Proprietary Information of Trane U.S. Inc. counterparts, each of which when executed shall be deemed to be an original, but all together shall constitute but one and the same Agreement. A fully executed facsimile copy hereof or the several counterparts shall suffice as an original. 21. Federal Requirements. The Parties shall comply with all United States federal labor law obligations under 29 CFR part 471, appendix A to subpart A. THE FOLLOWING PROVISIONS ARE INCORPORATED HEREIN BY REFERENCE: Executive Order 11701 and 41 CFR §§ 60 -250.5(a), 60-300.5; Executive Order 11758 and 41 CFR § 60-741.5(a); U.S. immigration laws, including the L-1 Visa Reform Act of 2004 and the H-1B Visa Reform Act of 2004; and Executive Order 13496. The Parties shall abide by the requirements of 41 CFR 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities. Moreover, these regulations require that covered prime contractors an d subcontractors take affirmative action to employ and advance in employment individuals without regard to protected veteran status or disability. The Parties certify that they do not operate any programs promoting DEI that violate any applicable United States anti-discrimination laws and acknowledge and agree that their compliance with all applicable federal anti -discrimination laws is material to the federal government’s payment decisions. The Parties acknowledge and agree that their employment, procurement, and contracting practices shall not consider race, color, sex, sexual preference, religion, or national origin in ways that violate United States federal civil rights laws. 22. U.S. Government Work. The following provision applies only to direct sales by Company to the US Government. The Parties acknowledge that Equipment ordered and delivered under this Agreement are Commercial Items as defined under Part 12 of the Federal Acquisition Regulation (FAR). In particular, Company agrees to be bound only by those Federal contracting clauses that apply to “commercial” suppliers and that are contained in FAR 52.212-5(e)(1). The following provision applies only to indirect sales by Company to the US Government. As a Commercial Item Subcontractor, Company accepts only the following mandatory flow down provisions: 52.219-8; 52.222-26; 52.222-35; 52.222-36; 52.222-39; 52.247-64. If the sale of the Equipment is in connection with a U.S. Government contract, Customer certifies that it has provided and will provide current, accurate, and complete information, representations and certifications to all government officials, including but not limited to the contracting officer and officials of the Small Business Administration, on all matters related to th e prime contract, including but not limited to all aspects of its ownership, eligibility, and performance. Anything herein notwithstanding, Company will have no obligations to Customer unless and until Customer provides Company with a true, correct and complete executed copy of the prime contract. Upon request, Customer will provide copies to Company of all requested written communications with any government official related to the prime contract prior to or concurrent with the execution thereof, includi ng but not limited to any communications related to Customer's ownership, eligibility or performance of the prime contract. Customer will obtain written authorization and approval from Company prior to providing any government official any information about Company's performance of the work that is the subject of the Proposal or this A greement, other than the Proposal or this Agreement. 23. Limited Waiver of Sovereign Immunity. If Customer is an Indian tribe (in the U.S.) or a First Nation or Band Council (in Canada), Customer, whether acting in its capacity as a government, governmental entity, a duly organized corporate entity or otherwise, for itself and for its agents, successors, and assigns: (1) hereby provides this limited waiver of its sovereign immunity as to any damages, claims, lawsuit, or cause of action (herein “Action”) brought against Customer by Company and arising or alleged to arise out of the furnishing by Company of any product or service under this Agreement, whether such Action is based in contract, tort, strict liability, civil liability or any other legal theory; (2) agrees that jurisdiction and venue for any such Action shall be proper and valid (a) if Customer is in the U.S., in any state or United States court located in the state in which Company is performing this Agreement or (b) if Customer is in Canada, in the superior court of the province or territory in which the work was performed; (3) expressly consents to such Action, and waives any objection to jurisdiction or venue; (4) waives any requi rement of exhaustion of tribal court or administrative remedies for any Action arising out of or related to this Agreement; and (5) expressly acknowledges and agrees that Company is not subject to the jurisdiction of Customer’s tribal court or any similar tribal forum, that Customer will not bring any action against Company in tribal court, and that Customer will not avail itself of any ruling or direction of the tribal court permitting or directing it to suspend its payment or other obligations under this Agreement. The individual signing on behalf of Customer warrants and represents that such individual is duly authorized to provide this waiver and enter into this Agreement and that this Agreement constitutes the valid and legally binding obligation of Customer, enforceable in accordance with its terms. 1-26.130-4 (0225) Supersedes 1-26.130-4(1024) 531 City of Boynton Beach - Utilities Admin SS Replace April 30, 2025 Page 6 of 8 © 2025 Trane Technologies. All Rights Reserved. Confidential and Proprietary Information of Trane U.S. Inc. SECURITY ADDENDUM This Addendum shall be applicable to the sale, installation and use of Trane equipment and the sale and provision of Trane se rvices. “Trane” shall mean Trane U.S. Inc. for sales and services in the United States, or Trane Canada ULC for sales and services in Canada. 1. Definitions. All terms used in this Addendum shall have the meaning specified in the Agreement unless otherwise defined herein. For the purposes of this Addendum, the following terms are defined as follows: “Customer Data” means Customer account information as related to the Services only and does not include HVAC Machine Data or personal data. Trane does not require, nor shall Customer provide personal data to Trane under the Agreement. Such data is not required for Trane to provide its Equipment and/or Services to the Customer. “Equipment” shall have the meaning set forth in the Agreement. “HVAC Machine Data” means data generated and collected from the product or furnished service without manual entry. HVAC Machine Data is data relating to the physical measurements and operating conditions of a HVAC system, such as but not limited to, temperatures, humidity, pressure, HVAC equipment status. HVAC Machine Data does not include Personal Data and, for the purposes of this agreement, the names of users of Trane’s controls products or hosted applications shall not be Personal Data , if any such user chooses to use his/her name(s) in the created accounts within the controls product (e.g., firstname.lastname@address.com). HVAC Machine Data may be used by Trane: (a) to provide better support services and/or products to users of its products and services; (b) to assess compliance with Trane terms and conditions; (c) for statistical or other analysis of the collective characteristics and behaviors of product and services users; (d) to backup user and other data or information and/or provide remote support and/or restoration; (e) to provide or undertake: engineering analysis; failure analysis; warranty analysis; energy analysis; predictive analysis; service analysis; product usage analysis; and/or other desirable analysis, including, but not limited to, histories or trends of any of the foregoing; and (f) to otherwise understand and respond to the needs of users of the product or furnished service. “Personal Data” means data and/or information that is owned or controlled by Customer, and that names or identifies, or is about a natural person, such as: (i) data that is explicitly defined as a regulated category of data under any data privacy laws applicable to Customer; (ii) non-public personal information (“NPI”) or personal information (“PI”), such as national identification number, passport number, social security number, social insurance number, or driver’s license number; (iii) health or medical information, such as insurance information, medical prognosis, diagnosis information, or genetic information; (iv) financial information, such as a policy number, credit card number, and/or bank acc ount number; (v) personally identifying technical information (whether transmitted or stored in cookies, devices, or otherwise), such as IP address, MAC address, device identifier, International Mobile Equipment Identifier (“IMEI”), or advertising identifier; (vi) biometric information; and/or (vii) sensitive personal data, such as, race, religion, marital status, disability, gender, sexual orientation, geolocation, or mother’s maiden name. “Security Incident” shall refer to (i) a compromise of any network, system, application or data in which Customer Data has been accessed or acquired by an unauthorized third party; (ii) any situation where Trane reasonably suspects that such compromise may have occurred; or (iii) any actual or reasonably suspected unauthorized or illegal Processing, loss, use, disclo sure or acquisition of or access to any Customer Data. “Services” shall have the meaning set forth in the Agreement. 2. HVAC Machine Data; Access to Customer Extranet and Third Party Systems. If Customer grants Trane access to HVAC Machine Data via web portals or other non-public websites or extranet services on Customer’s or a third party’s website or system (each, an “Extranet”), Trane will comply with the following: a. Accounts. Trane will ensure that Trane’s personnel use only the Extranet account(s) designated by Customer and will require Trane personnel to keep their access credentials confidential. b. Systems. Trane will access the Extranet only through computing or processing systems or applications running operating systems managed by Trane that include: (i) system network firewalls; (ii) centralized patch management; (iii) operating system appropriate anti-malware software; and (iv) for portable devices, full disk encryption. c. Restrictions. Unless otherwise approved by Customer in writing, Trane will not download, mirror or permanently store any HVAC Machine Data from any Extranet on any medium, including any machines, devices or servers. d. Account Termination. Trane will terminate the account of each of Trane’s personnel in accordance with Trane’s standard practices after any specific Trane personnel who has been authorized to access any Extranet (1) no longer needs access to HVAC Machine Data or (2) no longer qualifies as Trane personnel (e.g., the individual leaves Trane’s employment). e. Third Party Systems. Trane will provide Customer prior notice before it uses any third party system that stores or may otherwise have access to HVAC Machine Data, unless (1) the data is encrypted and (2) the third party system will not have access to the decryption key or unencrypted “plain text” versions of the HVAC Machine Data. 3. Customer Data; Confidentiality. Trane shall keep confidential, and shall not access or use any Customer Data and information that is marked confidential or by its nature is considered confidential (“Customer Confidential Information”) other than for the 532 City of Boynton Beach - Utilities Admin SS Replace April 30, 2025 Page 7 of 8 © 2025 Trane Technologies. All Rights Reserved. Confidential and Proprietary Information of Trane U.S. Inc. purpose of providing the Equipment and Services, and will disclose Customer Confidential Information only: (i) to Trane’s employees and agents who have a need to know to perform the Services, (ii) as expressly permitted or instructed by Customer, or (iii) to the minimum extent required to comply with applicable law, provided that Trane (1) provides Customer with prompt written notice prior to any such disclosure, and (2) reasonably cooperate with Customer to limit or prevent such disclosure. 4. Customer Data; Compliance with Laws. Trane agrees to comply with laws, regulations governmental requirements and industry standards and practices relating to Trane’s processing of Customer Confidential Information (collectively, “Laws”). 5. Customer Data; Information Security Management. Trane agrees to establish and maintain an information security and privacy program, consistent with applicable HVAC equipment industry practices that complies with this Addendum and applicable Laws (“Information Security Program”). The Information Security Program shall include appropriate physical, technical and administrative safeguards, including any safeguards and controls agreed by the Parties in writing, sufficient to protect Customer systems, and Customer’s Confidential Information from unauthorized access, destruction, use, modification or disclosure. The Information Security Program shall include appropriate, ongoing training and awareness programs designed to ensure that Trane’s employees and agents, and others acting on Trane’s, behalf are aware of and comply with the Information Security Program’s policies, procedures, and protocols. 6. Monitoring. Trane shall monitor and, at regular intervals consistent with HVAC equipment industry practices, test and evaluate the effectiveness of its Information Security Program. Trane shall evaluate and promptly adjust its Information Security Prog ram in light of the results of the testing and monitoring, any material changes to its operat ions or business arrangements, or any other facts or circumstances that Trane knows or reasonably should know may have a material impact on the security of Customer Confidential Information, Customer systems and Customer property. 7. Audits. Customer acknowledges and agrees that the Trane SOC2 audit report will be used to satisfy any and all audit/inspection requests/requirements by or on behalf of Customer. Trane will make its SOC2 audit report available to Customer upon request and with a signed nondisclosure agreement. 8. Information Security Contact. Trane’s information security contact is Local Sales Office. 9. Security Incident Management. Trane shall notify Customer after the confirmation of a Security Incident that affects Customer Confidential Information, Customer systems and Customer property. The written notice shall summarize the nature and scope of the Security Incident and the corrective action already taken or planned. 10. Threat and Vulnerability Management. Trane regularly performs vulnerability scans and addresses detected vulnerabilities on a risk basis. Periodically, Trane engages third-parties to perform network vulnerability assessments and penetration testing. Vulnerabilities will be reported in accordance with Trane’s cybersecurity vulnerability reported process. Trane periodically provides security updates and software upgrades. 11. Security Training and Awareness. New employees are required to complete security training as part of the new hire process and receive annual and targeted training (as needed and appropriate to their role) thereafter to help maintain compliance with Security Policies, as well as other corporate policies, such as the Trane Code of Conduct. This includes requiring Trane employees to annually re-acknowledge the Code of Conduct and other Trane policies as appropriate. Trane conducts periodic security awareness campaigns to educate personnel about their responsibilities and provide guidance to create and maintain a secure workplace. 12. Secure Disposal Policies. Trane will maintain policies, processes, and procedures regarding the disposal of tangible and intangible property containing Customer Confidential Information so that wherever possible, Customer Confidential Information cannot be practicably read or reconstructed. 13. Logical Access Controls. Trane employs internal monitoring and logging technology to help detect and prevent unauthorized access attempts to Trane’s corporate networks and production systems. Trane’s monitoring includes a review of changes affecting systems’ handling authentication, authorization, and auditing, and privileged access to Trane production systems. Trane uses the principle of “least privilege” (meaning access denied unless specifically granted) for access to customer data. 14. Contingency Planning/Disaster Recovery. Trane will implement policies and procedures required to respond to an emergency or other occurrence (i.e. fire, vandalism, system failure, natural disaster) that could damage Customer Data or any system that contains Customer Data. Procedures include the following (i) Data backups; and (ii) Formal disaster recovery plan. Such disaster recovery plan is tested at least annually. 15. Return of Customer Data. If Trane is responsible for storing or receiving Customer Data, Trane shall, at Customer’s sole discretion, deliver Customer Data to Customer in its preferred format within a commercially reasonable period of time following the expiration or earlier termination of the Agreement or, such earlier time as Customer requests, securely destroy or render unreadable or undecipherable each and every original and copy in every media of all Customer’s Data in Trane’s possession, 533 City of Boynton Beach - Utilities Admin SS Replace April 30, 2025 Page 8 of 8 © 2025 Trane Technologies. All Rights Reserved. Confidential and Proprietary Information of Trane U.S. Inc. custody or control no later than [90 days] after receipt of Customer’s written instructions directing Trane to delete the Customer Data. 16. Background Checks Trane shall take reasonable steps to ensure the reliability of its employees or other personnel having access to the Customer Data, including the conducting of appropriate background and/or verification checks in accordance with Trane policies. 17. DISCLAIMER OF WARRANTIES. EXCEPT FOR ANY APPLICABLE WARRANTIES IN THE AGREEMENT, THE SERVICES ARE PROVIDED "AS IS", WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT AS TO SUCH SERVICES SHALL BE WITH CUSTOMER. TRANE DISCLAIMS ANY AND ALL OTHER EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICES AND THE SERVICES PROVIDED HEREUNDER, INCLUDING ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE SERVICES WILL OPERATE ERROR-FREE OR UNINTERRUPTED OR RETURN/RESPONSE TO INQUIRIES WITHIN ANY SPECIFIC PERIOD OF TIME. October 2024 Supersedes: November 2023v2 534 BUDGET ADJUSTMENT (TRANSFER) REQUESTPage 1 of 1Finance DepartmentFiscal Period: FY: 24-25From: Trane Omnia Contract Racine #3341 Administration Building AC Replacement WT2508 West Plant AC Replacement: WT2507Date: 8/6/2025* Budget Data Only* Expend as of:AdjustmentExpendituresProject Present IncreaseAdjusted & UnencumberedAccount Number DescriptionNumber Budget (Decrease) Budget Encumbrances Balance403-5000-533.65-02 Admin BuildingWT2303$467,744 -$130,240 $337,504$337,504403-5000-533.65-02 Utilities Sustainability and Resiliency Feasibility StudiesWT25XX$26,252,900 -$300,000 $25,952,900 $15,558,735 $10,394,165403-5000-533.65-02 West Plant AC RWT2507$0 $155,001 $155,001$155,001403-5000-533.65-02 #334 Adm Bldg A WT2508$0 $275,239 $275,239$0$275,239$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0* Use Whole Dollars OnlyTOTALS$26,720,644$0 $26,720,644 $15,558,735 $11,161,909Justification of Transfer: Budget Transfer - Trane will replace (2) 20-ton split units at the Utilities Administration Building through Omnia Government Contract Racine #3341. The estimated expenditure for replacement and installation of the AC units is $250,217.20 with a 10% contingency which brings the grand total expenditure for that location to $275,238.92. Trane will replace (2) DX Packaged AC Units located in the adjacent mechanical housing building at the West Water Plant through Omnia Government Contract Racine #3341. The estimated expenditure for replacement and installation of AC unit is $140,909.52 with a 10% contingency which brings the grand total expenditure to $155,001.See attached email & Docs.Approvals:Budget Office Use OnlyDepartment Head:Document # __________Group #Finance Budget Mgr:Posted By:Finance Director:City Manager:8/6/2025 3:59 PMS:\Utilities\utilities_div\Utilities Finance\Budget Transfers\Budget Transfer - Trane AC replacement Admin WT2508 & West Plant WT2507 - 08-06-2025.xlsx535 7/25/25, 12:11 PM • r lnq 403-5000-533.65-02 Account information ,'UTIL CONST IN PROGRESS / R&R -WATER Fiscal year: 2025 Dr Budget: 26,252,900.00 Committed: 15,558,735.09 ••Balance:10,694,164.91 Project Data Detail WT2507 GM -Account balance inquiry Project Entry Required West Plant AC Replacement • .CRAINS . . SWR102 . •SWRlll. . SW2202. . TR1601 UC1802,• UC1803. . UC2101. UC2102. . . UC2103. . UC2201. . UC2203 CRA INSERT WATE Odor Ctrl Sys M Purchase of Gen Lift Station 31 Model Block 10t Utility-Dimmick Palmer Road & B ITS Hardware Up Coquina Cove wt Central Seacres Central Seacres Industrial Way Budget Posted amount Unpasted amount Posted encumbrance Unpasted encumbrance Total Balance -� 2,027,247.07 .00 .00 .00 YTD .00 .00 .00 .00 .00 .00 .00 X PTD .00 .00 ,00 .00 .00 .00 .00 Fiaps Alli •• . . UC2401 376,185.00 '----2��.81�--��-�-=��----:;:---::ee"""'::--..,,,,,------=-....,,,=-==-,..,,.,.- )\ccount Balance by Period . Cumulative . Period/Month Actuals Totals .'01 October 56,843.89 56,843.89 ,•02 November 612,612.09 669,455.98 ,'03 December 405,857.98 1,075,313.96 ••04 January 295,639.41 1,370,953.37 .•es February 714,877.97 2,085,831.34 • �06 March 137,915.22 2,223,746.56 ?07 April 713,964.73 2,937,711.29 )es May 927,734.27 3,865,445.56 ,'09 June 441,164.16 4,306,609.72 ,•10 July 1,108,408.06 5,415,017.78 ,•11 August .00 5,415,017.78 •' 12 September .00 5,415,017.78 -. ,•)ayment information . . Vendor (* indicates pending) Total 41,615.00 112,360.00 23,815.00 13,327.60 409,034.41 900.00 :'ARROYO PROCESS EQUIPMENT, INC :' COM SMITH, INC. :'CAULFIELD & WHEELER, INC. ,"FERGUSON UNDERGROUND INC. ,'SENSUS METERING SYSTEMS ,'FL DEPT OF ENVIRONMENTAL PROTE ,'GLOBALTECH INC . �·AECOM TECHNICAL SERVICES, INC. ,'MADSEN-BARR CORPORATION ,'FORTILINE WATERWORKS . 1,397,387.61 36,455.37 124,097.00 3,660.00 ht tps://byb2-nav5.aspgov.com:81 00/naviline/session?fncld=GMS0000003&token=A6A491 C3F8A3C889F092C2C1 D8C1 C 1 C1 C1 C 1 D2A3F2F8C5F09... 1/3 536 7/25/25, 12:08 PM GM -Account balance Inquiry r ' E 403-5000-533.65-02 Account information ,''UTIL CONST IN PROGRESS / R&R -WATER Fiscal year: Budget: Committed: ,'Balance: Project Data 2025 Dr 26,252,900.00 15,558,735.09 10,694,164.91 Project Entry Required • . CRAINS CRA INSERT WATE . . SWR102 Odor Ctrl Sys M . ' SWRlll Purchase of Gen .. SW2202 Lift Station 31 . •TR1601 Model Block 10t ..UC1802 Utility-Dimmick . •UC1803 Palmer Road & B . . UC2101 ITS Hardware Up . •UC2102 Coquina Cove Wt UC2103 Central Seacres , . UC2201 Central Seacres .. UC2203 Industrial Way . . UC2401 Heart of Boynto ii WT2303 Admin Building Remodel Budget Posted amount Unpasted amount Posted encumbrance Unpasted encumbrance Total Balance :0'0 2,027,247.07 .00 .00 .00 376,185.00 YTD 539,821.00 .00 .00 72,077.25 .00 72,077.25 467,743.75 PTO 1,787,371.00 282,366.40 .00 72,077.25 .00 354,443.65 1,432,927.35 , . I Ill!JY( ----78,95'4":'86,----�-=---=�-----,,..,,,=--�----.,,.,,,,....--...,,,!!""' ...... ..,..� ','\ccount Balance by Period , . , . Period/Month Actuals .'01 October 56,843.89 .•02 November 612,612.09 .'03 December 405,857.98 ."04 January 295,639.41 . ,, 05 February 714,877.97 ,'06 March 137,915.22 . ,'07 April 713,964.73 ,•es May 927,734.27 . ,'09 June 441,164.16 .'10 July 1,108,408.06 ,'11 August .00 ,' 12 September .00 Cumulative Totals 56,843.89 669,455.98 1,075,313.96 1,370,953.37 2,085,831.34 2,223,746.56 2,937,711.29 3,865,445.56 4,306,609.72 5,415,017.78 5,415,017.78 5,415,017.78 __ ._ ......... ...._ _ __. ............... ___________________________________________ _ :iayment information •• Vendor (* indicates pending) Total 41,615.00 112,360.00 23,815.00 13,327.60 409,034.41 900.00 { ARROYO PROCESS EQUIPMENT, INC (CDM SMITH, INC. :'CAULFIELD & WHEELER, INC. ,'FERGUSON UNDERGROUND INC. ,'SENSUS METERING SYSTEMS ,'FL DEPT OF ENVIRONMENTAL PROTE ,''GLOBALTECH INC. ( AECOM TECHNICAL SERVICES, INC. ,' MADSEN-BARR CORPORATION .'FORTILINE WATERWORKS 1,397,387.61 36,455.37 124,097.00 3,660.00 https:l/byb2-nav 5.aspgov.com:8100/nav iline/session?fncid=GMS0000003&token =A6A491 C3F8A3C889F092C2C1 D8C1 C1 C1 C1 C1 D2A3F2F8C5F09... 1/3 537 7/25/25, 12:08 PM _, CH2M HILL ENGINEERS 18,840.40 ,''FL DEPT OF HEALTH IN PBC 1,000.00 GM -Account balance inquiry -"' CARQtk8o6NGINEEll8p"If11G->..--..1.a.L ,----�29�02�ir'<f<1----,,,..,.---=-=-----,.-=-=-==-""""=--=--,,,..,.-=---,.. • �ncumbrances. PO# Vendor ,.'845411 FORTILINE WATERWORKS / 845432 FERGUSON UNDERGROUND ,' B46266 FORTILINE WATERWORKS •'B46465 FORTILINE WATERWORKS ,'B47986 SENSU5 METERING SYSTE •' B47987 SENSUS METERING SYSTE • ' B47990 SENSUS METERING SYSTE • '847994 SENSUS METERING SYSTE • '·B4799S SENSUS METERING SYSTE /B47996 SENSUS METERING SYSTE ,'B47997 SENSUS METERING SYSTE I •' 847998 SENSUS METERING SYSTE .� B47999 -'--'""'"'-"',.,._ _ _...,_ ..... �-:i.-""'-� •• ;)re Encumbrances • ' •;fpe Req/PO Project WT2303 Budget Balance .00 .00 .00 .00 .00 .00 Admin Building Remodel Posted amount Unposted amount Posted encumbrance Unpasted encumbrance Total Balance ',,�Q 0000091302 wT2102 am, m. YTD S39,821.00 .00 .00 72,077.25 .00 72,077.25 467,743.7S PTD 1,787,371.00 282,366.40 .00 72,077.25 .00 354,443.65 1,432,927.35 ·--:-::::'::'-::"!:-::--"7.'��':':':�7"-="""'---�;-----,,==-==="""'=""""'�-=-==,,....-=-="""'"""'"""'"""='""""=""==== : • nee WU.317 rs: 1c61fTCcStGVS:tUfn6rc • aa .:;egment/Balance Details •' I "id •' I :;)artment I r✓isian 403 50 00 UTILITY GENERAL CIP FUND GASB 87 RESERVES 1 ";tivity basic 53 PHYSICAL ENVIRONMENT : �) activity 3 65 WATER UTILITY SERVICES I :�ment c ;Ject •" 221711 .• 221731 ,'230411 ,'230448 ,• 230653 230707 ,' 230742 ,., 231371 t'231485 231485 231485 240638 240638 241035 UTIL CONST IN PROGRESS 02 R&R -WATER WEST ARCHITECTURE+ D .00 TAW POWER SYSTEMS, IN 365,066.00 AMPS INC. .00 JACOBS ENGINEERING GR 15,472.74 AMPS INC. 1,500.00 CAROLLO ENGINEERS, IN 81,487.86 8 & 8 UNDERGROUND CON .00 WEST ARCHITECTURE+ D 67,277.25 CAROLLO ENGINEERS, IN 3,234.00- CAROLLO ENGINEERS, IN 3,234.00 CAROLLO ENGINEERS, IN 106,366.95 GRID ONE ELECTRICAL 702,661.96 GRID ONE ELECTRICAL 31,079.13 ARROYO PROCESS EQUIPM .00 Original Budget Revised Budget current expenditures YTD expenditures Unpasted expenditures Encumbrances Unposted encumbrances Pre-encumbrances Total Exp & Enc Unencumbered balance 12,535,166.00 26,252,900.00 1,108,408.06 4,306,609.72 .00 10,065,017.31 .00 78,700.00 15,558,735.09 10,694,164.91 59.3 % 40.7 % https:l/byb2-nav5.aspgov.com:81 00/navillne/session?fncid=GMS0000003&token=A6A491 C3F8A3C889F092C2C1 D8C1 C1 C1 C1 C1 D2A3F2F8C5F09... 2/3 538 7/25/25, 12:08 PM ,' 241097 ,' 241172 ,' 241172 ,·'241183 ,'241305 ,'241406 ,' 241406 ,· 241489 -· 241651 "' 250089 •''250090 •" 250461 ANZCO, INC. IXOM WATERCARE, INC IXOM WATERCARE, INC CAULFIELD & WHEELER, FL DESIGN DRILLING LL FL DESIGN DRILLING LL FL DESIGN DRILLING LL MCKIM & CREED, INC. PBC BOARD OF COUNTY C MADSEN-BARR CORPORATI MADSEN-BARR CORPORATI FERGUSON UNDERGROUND �• 250844 SALAS O'BRIEN FLORIDA ,.• 251057 COM SMITH, INC. �•· 251071 EAST COAST CONSTRUCT! ,'251180 CAROLLO ENGINEERS, IN ,! 251586 COLLIERS ENGINEERING ,·' 251612 HOMRICH CORPORATION 4,800.00 52,865.00 .00 .00 .00 .00 346,291.55 .00 56,822.32 .00 14,961.00 .00 ii WT2303 GM -Account balance inquiry Admin Building Remodel YTD Budget 539,821.00 Posted amount .00 Unpasted amount .00 Posted encumbrance 72,077.25 Unpasted encumbrance .00 Total 72,077.25 Balance 467,743.75 PTO 1,787,371.00 282,366.40 .00 72,077.25 .00 354,443.65 1,432,927.35 https://byb2-nav5.aspgov.com:81 00/naviline/session?fncid=GMS0000003&token =A6A491 C3F8A3C889F092C2C 1 D8C1 C1 C 1 C 1 C1 D2A3F2F8C5F09... 3/3 539 7/25/25, 12:16 PM GM -Account balance inquiry >I l [ j l 403-5000-533.65-02 Account information •' UTIL CONST IN PROGRESS / R&R -WATER Fiscal year: Budget: Committed: .·'Balance: Project Data 2025 Or 26,252,900.00 15,558,735.09 10,694,164.91 Project Entry Required , (RAINS CRA INSERT WATE ••SWR102 Odor Ctrl Sys M ..SWRlll Purchase of Gen . . SW2202 Lift Station 31 ..TR1601 Model Block 10t . . UC1802 Utility-Dimmick ••UC1803 Palmer Road & B . UC2101 ITS Hardware Up . . UC2102 Coquina Cove wt . . •UC2103 Central Seacres . . UC2201 Central Seacres . . UC2203 Industrial Way ..UC2401 Heart of Boynto -/-tte24c,n-smreastt �up( • . /,ccount Balance by Period . . Period/Month Actuals ,•01 October 56,843.89 . .'02 November 612,612.09 . ,'03 December 405,857.98 ,•04 January 295,639.41 . .'05 February 714,877.97 ,"06 March 137,915.22 .'07 April 713,964.73 . •"08 May 927,734.27 ,''09 June 441,164.16 .·10 July 1,108,408.06 ,"11 August .00 . ,"12 September .00 -. ,•)ayment information ., D WT2508 #334 Adm Bldg AC Repl. Budget Posted amount Unpasted amount Posted encumbrance Unpasted encumbrance Total Balance 2,027,247.07 .00 .00 .00 376,185.00 2 '78;"95>1-78' Cumulative Totals 56,843.89 669,455.98 1,075,313.96 1,370,953.37 2,085,831.34 2,223,746.56 2,937,711.29 3,865,445.56 4,306,609.72 5,415,017.78 5,415,017.78 5,415,017.78 Vendor (* indicates pending) Total 41,615.00 112,360.00 23,815.00 13,327.60 409,034.41 900.00 �•ARROYO PROCESS EQUIPMENT, INC { CDM SMITH, INC. :'CAULFIELD & WHEELER, INC. ,"FERGUSON UNDERGROUND INC . . • 'SENSUS METERING SYSTEMS ,'FL DEPT OF ENVIRONMENTAL PROTE. ,'GLOBALTECH INC . :'AECOM TECHNICAL SERVICES, INC. ,'MADSEN-BARR CORPORATION ,•FORTILINE WATERWORKS 1,397,387.61 36,455.37 124,097.00 3,660.00 YTD .00 .00 .00 .00 .00 .00 .00 ollapsc All PTD .00 .00 .00 .00 .00 .00 .00 https://byb2-nav5.aspgov.com:81 OO/navlllne/session?fncid =GMS0000003&token=A6A491C3F8A3C889F092C2C1O8C1 C1 C1 C1C1O2A3F2F8C5F09... 1/3 540 CITY OF BOYNTON BEACH UTILITIES PROJECT CHARTER PROJECT NAME: Trane Omnia Contract Racine #3341 West Plant AC Replacement anw. SUBMITTED BY: Howard Kerr Date: 06/18/25 District: --- 1.General Project Information / Approval / Date Type Name Executive Sponsor: Andrew Mack P.E. Deputy City Manager Department Sponsor: Poonam Kalkat PhD, Utilltles Director Department PM: 1-P _r _oj_ec_t _T_ype_: -----l Im provjRenovation $155,014.51 Name Department Project Manager: Howard Kerr Utilities Team Members: Signature Date Send as FYI -NO SIGNATURE Ne ssary Project Schedule (FY) Telephone E-mail 561-313-2910 kerrh@bbfl.us 3.Stakeholders (e.g, those with a significant interest in or who w1I/ be significantly affected by this project) Utilities Operations Staff? ✓ Commissioners? ✓ Police? Fire? I, 1; 4.Scope / Project Description (Lisi what the pro1ect wlfl and will not address) 2025 Trane will replace (2) DX Packaged AC Units located in the adjacent mechanical housing building at the West Water Plant through Omnia Government Contract Racine #3341. The estimated expenditure for replacement and installation of AC unit is $140,909.52 with a 10% contingency which &.... ... ia-'ll"Tr +hn t'Tr"'"'-_ .... +,..+ .... I n,n"'"'""-rJi+,,.--+-CC1 cc nnn /17 II Objectives (in business terms) The measurable outcomes of the oroiect. 11/01/2023 Page 2 of 3 541 CITY OF BOYNTON BEACH UTILITIES PROJECT CHARTER The West Water Treatment Plant has AC units from pre-2010 that still use R-410A freon which was banned in 2020 under the American Innovation and Manufacturing Act {AIM Act) due to its global Predetermined budget a 11/01/2023 Page 3 of 3 542 Project Name: Project#: Capital Improvement Program Project Information & Financial Plan Form Trane Omnia Contract Racine #3341 West Plant AC Replac!ti Dept./Locatlon: _WT_2_5_07 _________________ Project Type: Amount Utility J_rnprov/Renovation Project G/L #: -4-03_-_s oo _o_-s_3_3 _-6_s_-0_2 _______ 1,__ _____ _,1Project Mana ger: _H_o_w_a _rd_Ke_r_r ___ DesignConstruction -------$ 155,014.51 _ Project Duration 3 -4 weeks PROJECT DESCRIPTION/SCOPE Trane will replace 12} DX Packaged AC Units located in the adjacent mechanical housing building at the West Water Plant through Omnia Government Contract Racine #3341. The estimated expenditure for replacement and installation of AC unit is $140,909.52 with a 10% contingency which brings the grand total expenditure to $$155,000.47. BUSINESS CA SE/Justification The West Water Treatment Plant has AC units from pre-2010 that still use R-410A freon which was banned in 2020 under the American Innovation and Manufacturing Act (AIM Act) due to Its global warming potential. The current AC units are also not energy efficient, having a SEER2 rating of 13.4. To meet ENERGY STAR standards, the minimum SEER2 rating required is 14.5. a DISTR ICT PROJECT SCHEDULE Start Completion Estimated Actual Estimated Actual Replacement of Facilities/Equipment !New} >------------------+-------->---------u Planning / Study Aug -2025 Sep-2025 Expansion of Facilities !Modification} Design Enhance Service to Public Contract Advertise/Award Regulatory or Commission Mandate Construction Reduce Costs _PP_Rr_Oo_jJ e_Ec_CTt_ln_p_SRe_IOrv_R_icI_TYe_D_a_t_e _____ +---H-'i_g _h __ __. ____ ✓..--------------'-------IG He eane1trha&te5Raefve:�ue Critical -tied to mandates or safety �, RISKS/CHALLENGES Predetermined budget SOURCE OF FUNDS General Gov't CIP Fund (302) Local Gov't Surtax Cap Fund (303) Local Option Gas Tax (104) Parks & Rec Trust Fund (141) Rec Program Revenue Fund (172) Public Service-Debt Fund (207) Utility Cap lmprov Fund (403) Utility Cai:>-Fees (404) Golf Fund (411) Debt Grant(s) Grant Name(s): (1) -------Medium _______ Maintain level of service, operational savings Security/ Fire Control Low Moderate benefit ADA Complaince Prior Years FY 24/25 I FY25/26 .. --··-··· $ iss,015 ---� ··- ---·-- -�- -- -· -- -----·-- -�-- -- - - ------- --------and %share) I FY 26/27 I FY 27/28 ----- -·- ------------- (2) I -- -- FY 28/29 -- -- TOTAL $0.00 $155,014.51 $0.00 $0.00 $ 0.00 $0.00 USE OF FUNDS Prior Years FY 24/25 Planning/Design Construction $ 155,014.511 Furniture & Equipment Technology Software/Hardware I Art (1% of Construction) ! Contingency Program Management TOTAL $0.00 $ 155,014.51 !Impact on Operating Budget Prior Years FY 24/25 Revenues (List: ____ iPersonnel Other Operating I Supplies I Capital Outlay TOTAL � $0.00 $ o.oo Submitted by: Howard Kerr 11/01/2023 FY25/26 ··----- $ 0.00 FY25/26 $0.00 Date 06 /18/25 I I I FY 26/27 I --I I I $0.00 I FY 26/27 ! $ 0.00 FY27/28 $0.00 FY27/28 $0.00 FY 28/29 $0.00 FY 28/29 -$0.00 Dept. Director: Poonam Kalkat ✓ Project Total $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $0.00 $155,015 $ 0.00 $ 0.00 $ 0.00 $0.00 and % share) $ 155,014.51 Project Total $ 0.00 $ 0.00 $ 155,014.51 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 155,014.51 Project Total $ 0.00 $ 0.00 $0.00 $0.00 $0.00 $0.00 Date Page 1 of3 I 543 CITY OF BOYNTON BEACH UTILITIES PROJECT CHARTER PROJECT NAME: Trane Omnia Contract Racine #3341 Administration Building AC RepH SUBMITTED BY: Howard Kerr Date: 06/18/25 District: 1.General Project Information / Approval / Date Type Name Signature --- Date Executive Sponsor: Andrew Mack P.E. Deputy City Manager Send as FYI -NO SIGNATURE Ne ssary Department Sponsor: Poonam Kalkat PhD, Utilities Director Department PM: Project Type: Im prov/Renovation Project Schedule (FY) Project Manager: Howard Kerr Utilities 561-313-2910 HowardKerr600@yahoo.com Team Members: ... __ .. _ .. -............ -.... -........ -.. ·-.. --t----------!l-------+------+-------------1 3.Stakeholders (e.g., those with a significant interest in or who will be significantly affected by this project) Utilities Operations Staff? ✓ Commissioners? ✓ Police? Fire? I I I 4.Scope/ Project Des cription (List what the project will and will not address) Trane will replace (2) 20-ton split units at the Utilities Administration Building through Omnia Government Contract Racine #3341. The estimated expenditure for replacement and installation of the AC units is $250,217.20 with a 10% contingency which brings the grand total expenditure for that 1 ... ��+: ...... + ... c,,i:: ,:,o a, DI Objectives (in business terms) The measurable outcomes of the oroject. 11/01/2023 Page 2 of 3 544 CITY OF BOYNTON BEACH UTILITIES PROJECT CHARTER Pro·ect Pur ose / Business Case Describe the business need this ro·ect addresses The Utilities Administration Building AC units are from pre-2010 that still use R-410A freon which was banned in 2020 under the American Innovation and Manufacturing Act (AIM Act) due to its Project Milestones / Deliverables Propose start and end dates for Project Phases (e.g., Inception, Planning, Construction, Delive and other ma ·or milestones Design Kick-off Choose a Design Firm Receive quote Procurement for Design Bid Docs for Construction Award Construction Procure Construction PO Construction N/A II Risk Challenges/ Constraints List any conditions that may limit the project team's options with respect to resources, personnel, or schedule (e.g., predetermined budget or project end date, limit on number of staff that may be assigned to the ro·ect . Predetermined budget II External Dependencies Will project success depend on coordination of efforts between the project team and one or more other individuals or rou s? Has eve one involved a reed to this interaction? yes 11/01/2023 Page 3 of 3 545 Project Name: Capital Improvement Program Project Information & Financial Plan Form Trane Omnia Contract Racine #3341 Administration Buildillj Dept./location: Utility Project#: _WT_2_5_0_8 _________________ Project Type: lmprov/Reno"'._ation Amount Project G/L #: _4_0_3-_S_0_00-_5_3_3-_6_5_-0_2 ______ -+-------;Project Manager: Howard Kerr $ 275,238.92 PROJECT DESCRIPTION/SCOPE Trane will replace (2) 20-ton split units at the Utilities Administration Building through Omnia Government Contract Racine #3341. The estimated expenditure for replacement and installation of the AC units is $2 50,217.20 with a 10% contingency which brings the grand total expenditure for that location to $27 5,238.92. BUSINESS CASE/Justification Project Duration The Utilities Administration Building AC units are from pre-2010 that still use R-410A freon which was banned in 2020 under the American Innovation and Manufacturing Act (AIM Act) due to its global warming potential. The current AC unit is also not energy efficient, having a SEER2 rating of 13.4. To meet ENERGY STAR standards, the minimum SEER2 DISTRICT PROJECT SCHEDULE Start Completion Estimated Actual Estimated Actual Replacement of Facilities/Equipment !New) Planning / Study Design Contract Advertise/Award Construction Aug-2025 Sep-2025 Expansion of Facilities (Modification) Enhance Service to Public Regulatory or Commission Mandate Reduce Costs _P_r.,o.jec_t __ ln_S_e _rv_ic_e _D_a_t _e _____ ,t--______ ._ ___ ✓.,...--..,_ ______ _._ ______ 1Generate Revenue PROJECT PRIORITY High c,;,;..,1. ,;ec1 to mandate, o, ,afetv Health & Safety RISKS/CHALLENGES Predetermined budget Medium Maintain level of service, operational savings Security/ Fire Control -------Low Moderate benefit ADA Complaince SOURCE OF FUNDS Prior Ye ars FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 General Gov't CIP Fund (302) Local Gov't Surtax Cap Fund (303) Local Option Gas Tax (104) Parks & Rec Trust Fund (141) Rec Program Revenue Fund (172) Public Service-Debt Fund (207) Utility Cap lmprov Fund (403) ---� Utility Ca13-Fees (404) Golf Fund (411) Debt Grant(s) Grant Name(s): (I) TOTAL so.oo I USE OF FUNDS Prior Years Planning/Design Construction Furniture & Equipment Technology Software/Hardware Art (1% of Construction) Contingency Program Management TOTAL $ 0.00 !Impact on Operating Budget Prior Years Revenues (List: Personnel Other Operating Supplie� Capital Outlay TOTAL $ 0.00 Submitted by: Howard Kerr 11.()1'2023 -- .. -- $2,75,239 ··---· ... .. ---- and $ 275,238.92 FY24/25 $ 275,238.92 $ 275,238.92 FY 24/25 $0.00 ·--·---- %share) $0.00 FY 25/26 -· $ 0.00 FY 25/26 $0.00 Date 06 /18/25 ---· (21 $ 0.00 FY26/27 I I I $0.00 FY 26/27 $ 0.00 --·-·-· ---- $0.00 FY27/28 ·-· $0.00 FY 27/28 $0.00 -- $ 0.00 FY28/29 - $0.00 FY 28/29 .. $0.00 Dept. Director: Poonam Kalkat Design Construction Project Total $0.00 $0.00 $0.00 $0.00 $ 0.00 $ 0.00 $275,239 $ 0.00 $ 0.00 $ 0.00 $ 0.00 and %share) $ 275,238.92 Project Total $0.00 $0.00 $ 275,238.92 $0.00 $0.00 $ 0.00 $0.00 $ 275,238.92 Project Total $0.00 $0.00 $ 0.00 $ 0.00 $ 0.00 Date 546 547 548 549 550 551 552 553 554 555 556 557 558 559 City of Boynton Beach Agenda Item Request Form 7.E Consent Bids and Purchases 08/19/2025 Meeting Date: 08/19/2025 Proposed Resolution No. R25-223- Approving a piggyback agreement with Pantropic Power, Inc., an authorized Caterpillar, Inc. dealer, utilizing Sourcewell contract 040924- CAT Contract for East Water Treatment Plant Rental Generator for a not-to-exceed amount of $136,871.60 annually. Requested Action: Staff recommends approval of Proposed Resolution No. R25-223. Explanation of Request: Contract Period: October 3, 2024 - June 11, 2028 Expenditure amount: $136,871.60 annually The East Water Treatment Plant operating permit requires an emergency backup power system to enable continuity during any power outage. Installation of a permanent backup power system is underway. However, the Plant requires a temporary generator until the permanent backup power system installation is completed. The pricing is based upon Sourcewell NJPA Contract # 040924-CAT, and Pantropic Power Cat is an authorized Caterpillar Dealer. Paragraph 6 of the Sourcewell NJPA Contract requires the City to issue its ordering documents directly to the authorized dealer, rather than through Caterpillar. Sourcewell NJPA procurement process satisfies the City’s competitive procurement requirements. Piggyback contracts significantly benefit the City of Boynton Beach by providing a cost- effective and efficient way to procure goods and services. By leveraging agreements already in place with other governmental entities, the City can avoid the time-consuming and expensive process of issuing its own competitive bids. This allows quicker access to needed resources while often securing more favorable pricing due to the economies of scale achieved through larger contracts. Additionally, piggybacking ensures the City can tap into pre-vetted vendors who have already been thoroughly evaluated, reducing administrative burdens and risks associated with vendor selection. Ultimately, piggyback contracts streamline procurement, save taxpayer money, and improve the efficiency of City operations. How will this affect city programs or services? This contract provides power source resiliency for emergency operations of the water plant as required in the Water Plant Permit and allows 24/7 plant operations. 560 Budgeted Item: Yes Account Line Item and Description: $132,681.60 annually from account 401-2811-536.44- 30, Equipment Rental. $4,190.00 annually from account 401-2811-536.46-20, Equipment Maintenance. Fiscal Impact: Total Fiscal Impact cost of $136,871.60 is budgeted annually for Generator rental and maintenance cost. Attachments: R25-223 Agenda_Item_3504- 2025_Resolution_Piggyback_Agreement_with_Pantropic_Power_for_Equipment_Rental.docx Exhibit A to Resolution - PB Contract - Pantropic Power Executed.pdf PPI-Boynton COI 2025.pdf 561 RESOLUTION NO. R25-223 1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 2 BEACH, FLORIDA, APPROVING A PIGGYBACK AGREEMENT WITH 3 PANTROPIC POWER, INC. TO RENT A 1.000 KILOWATT EMERGENCY 4 BACKUP GENERATOR AND ASSOCIATED CABLES AT THE EAST WATER 5 TREATMENT PLANT FOR A MONTHLY COST OF $11,056.80 AND 6 SERVICE COST OF $2,095 TWICE A YEAR, FOR A TOTAL ANNUAL COST 7 OF $136,871.60; AND FOR ALL OTHER PURPOSES. 8 9 WHEREAS, the City of Boynton Beach (“City”) East Water Treatment Plant (“Plant”) 10 operating permit requires an emergency backup power system to enable continuity during any 11 power outage; and 12 WHEREAS, while installation of a permanent backup power system is underway, the Plant 13 requires a temporary generator until the permanent backup power system installation is 14 completed; and 15 WHEREAS, on February 20, 2024, Sourcewell, a State of Minnesota local government and 16 service cooperative, issued a Request for Proposal (“RFP”) to establish a cooperative purchasing 17 agreement for rental equipment, products, and related services for which they received a total of 18 seventeen (17) responses; and 19 WHEREAS, Sourcewell found Caterpillar, Inc. to be a responsive, responsible bidder and 20 awarded it a four-year contract with an option to extend the contract for one (1) additional one-21 year term, from October 3, 2024, through June 11, 2028, under Contract No. 040924-CAT (“Master 22 Agreement”); and 23 WHEREAS, Pantropic Power, Inc., (“Vendor”) is an authorized Caterpillar Inc. dealer with 24 its principal location in Miami, Florida; and 25 WHEREAS, the City desires to issue a purchase order and payment directly to the Vendor 26 for Services under the terms and conditions of the Master Agreement; and 27 WHEREAS, the requested Piggyback Agreement with the Vendor is necessary for the 28 Vendor to provide an emergency backup power system for the Plant; and 29 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 30 best interests of the City's citizens and residents to approve the Piggyback Agreement with the 31 Vendor to provide the temporary, emergency backup generator pending the installation of a 32 562 RESOLUTION NO. R25-223 permanent backup power generator, for a monthly cost of $11,056.80 and service cost of $2,095 33 twice a year, for a total annual cost of $136,871.60. 34 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 35 BEACH, FLORIDA, THAT: 36 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 37 being true and correct and are hereby made a specific part of this Resolution upon adoption. 38 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 39 approve the Piggyback Agreement between Vendor to provide the temporary, emergency backup 40 generator pending the installation of a permanent backup power generator, for a monthly cost of 41 $11,056.80 and service cost of $2,095 twice a year, for a total annual cost of $136,871.60 , in form 42 and substance similar to that attached as Exhibit A. 43 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 44 authorizes the Mayor to execute the Piggyback Agreement. The Mayor is further authorized to 45 execute any ancillary documents required under the Piggyback Agreement or necessary to 46 accomplish the purposes of this Resolution. 47 SECTION 4. The City Clerk shall retain the fully executed Piggyback Agreement as a 48 public record of the City. A copy of the fully executed Piggyback Agreement shall be provided to 49 Bryan Heller to forward to the Vendor. 50 SECTION 5. This Resolution shall take effect in accordance with the law. 51 52 53 54 [SIGNATURES ON THE FOLLOWING PAGE] 55 56 57 563 RESOLUTION NO. R25-223 58 PASSED AND ADOPTED this ______________ day of ______________________________ 2025. 59 60 CITY OF BOYNTON BEACH, FLORIDA 61 YES NO 62 Mayor – Rebecca Shelton _____ _____ 63 64 Vice Mayor – Woodrow L. Hay _____ _____ 65 66 Commissioner – Angela Cruz _____ _____ 67 68 Commissioner – Aimee Kelley _____ _____ 69 70 Commissioner – Thomas Turkin _____ _____ 71 72 VOTE ______ 73 ATTEST: 74 75 _____________________________ ______________________________ 76 Maylee De Jesús, MPA, MMC Rebecca Shelton 77 City Clerk Mayor 78 79 APPROVED AS TO FORM: 80 (Corporate Seal) 81 82 _______________________________ 83 Shawna G. Lamb 84 City Attorney 85 564 Piggyback Contract 25-063PB – Pantropic Power, Inc. 1 PIGGYBACK AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PANTROPIC POWER, INC. This Piggyback Agreement is made as of this __ day of ____, 2025 by and between Pantropic Power, Inc., an authorized Caterpillar Inc. dealer with a principal address of 8205 NW 58th Street, Miami, FL 33166, 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 February 20, 2024, Sourcewell, a State of Minnesota local government and service cooperative, issued a “Request for Proposal” (RFP) to establish a cooperative purchasing agreement for Rental Equipment, Products, and Related Services for which they received a total of seventeen (17) responses; and WHEREAS, Sourcewell found Caterpillar, Inc. (“Vendor”), to be a responsive, responsible bidder, and awarded it a four-year (4) contract with an option to extend the contract for one (1) additional one (1) year term, Contract No. 040924-CAT (“Master Agreement”), with a term of October 3, 2024, through June 11, 2028, by mutual agreement of the Parties to the Master Agreement; and WHEREAS, the City desires to obtain Rental Equipment, Products, and Related Services; and WHEREAS, the City’s Purchasing Policy Section X – Alternatives to Formal Sealed Bids, provides authority for the City to acquire or contract for services without utilizing a sealed competitive method or the written quotations methods where the desired services are the subject of an agreement that utilizes another government entity’s contract, provided that the contract was awarded based strictly on competitive bidding; and WHEREAS, in order to maintain an emergency backup generator for the East Water Treatment Plant, the City’s Utilities Department is requesting the City enter into a Piggyback Agreement with Vendor to provide an emergency backup power system (“Services”); and WHEREAS, the Vendor has provided the City with a proposal for Services, attached as Exhibit “A;” and WHEREAS, the City desires to issue a purchase order and payment directly to the Vendor for Services under the terms and conditions of the Master Agreement; and 565 Piggyback Contract 25-063PB – Pantropic Power, Inc. 2 WHEREAS, the City and Vendor have agreed to allow the City to piggyback the Master Agreement, a copy of which is attached as Exhibit “B.” NOW, THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT 1. The foregoing recitals are true and correct and are hereby incorporated into this Agreement. 2. TERM: The term of this Agreement commences on August 28, 2025, by the parties, and will remain in effect until June 11, 2028. The initial term and any subsequent renewals of this Agreement are subject to the renewal or extension of the Master Agreement. If the Master Agreement expires or is terminated during the Term, this Agreement shall terminate no later than six months after such expiration or termination of the Master Agreement. 3. CONTRACT TERMS: The Vendor shall complete the Services, as provided in Vendor’s Proposal attached as Exhibit “A” on the same terms and in the same manner as set forth in the Master Agreement, except as otherwise provided herein. 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 “Sourcewell” are hereby replaced with the “City of Boynton Beach.” The City shall compensate the Vendor pursuant to the rates set forth in the Master Agreement for the Services in an amount not to exceed $136,871.60 per year. 4. NOTICES: All Notices to the City shall be in writing by certified mail return receipt requested, or customarily used overnight transmission with proof of delivery, sent to: City: Daniel Dugger, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 / Facsimile: (561) 742-6090 Copy: Shawna G. Lamb, City Attorney City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 / Facsimile: (561) 742-6090 5. INVOICES AND PAYMENT: Invoices must identify the PO number and should be mailed to: Boynton Beach Finance Department Attn: Accounts Payable P.O. Box 310 566 Piggyback Contract 25-063PB – Pantropic Power, Inc. 3 Boynton Beach, FL 33425. Invoices shall show the nature of the service and dates(s) of service. Invoices based on hourly rates shall show the actual hours worked, person performing services, nature of the service, hourly rate, and dates(s) of service. Invoices may be submitted no more frequently than monthly. However, all services rendered prior to September 30th of any given year are required to be invoiced by September 30th of that year. Vendor shall provide W-9 with first invoice. The fee shall be paid based on receipt of a proper invoice in accordance with the invoice schedule indicated above. Payment will be made within 45 days of receipt of a proper invoice in accordance with the Local Government Prompt Payment Act, Section 218.70, et al., Florida Statutes. No payment made under this Agreement shall be conclusive evidence of the performance of this Agreement by Vendor, either wholly or in part, and no payment shall be construed to be an acceptance of or to relieve Vendor of liability for the defective, faulty or incomplete rendition of the Services. 6. TAX EXEMPT: Prices applicable to City do not include applicable state and local sales, use, and related taxes. The City is exempt from state and local sales and use taxes and shall not be invoiced for the same. Upon request, City will provide Vendor with proof of tax- exempt status. 7. SOVEREIGN IMMUNITY: Nothing contained in this Agreement nor contained herein shall be considered nor construed to waive City’s rights and immunities under the common law or section 768.28, Florida Statutes, as may be amended. 8. ATTORNEY’S FEES: In the event that either Party brings suit for enforcement of the Agreement, each Party shall bear its own reasonable attorney's fees and court costs. 9. PUBLIC RECORDS: Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is a public agency subject to Chapter 119, Florida Statutes. The Vendor shall comply with Florida’s Public Records Law. Specifically, the Vendor shall: A. Keep and maintain public records required by the City to perform the service; B. Upon request from the City’s custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Vendor shall destroy all copies of such confidential and exempt records remaining in its possession once the Vendor transfers the records in its possession to the City; and 567 Piggyback Contract 25-063PB – Pantropic Power, Inc. 4 D. Upon completion of the contract, Vendor shall transfer to the City, at no cost to the City, all public records in Vendor’s possession All records stored electronically by Vendor must be provided to the City, upon request from the City’s custodian of public records, in a format that is compatible with the information technology systems of the City. E. IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE VENDOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK OFFICE 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6060 CityClerk@bbfl.us 10. SCRUTINIZED COMPANIES - 287.135 AND 215.473: By execution of this Agreement, Vendor certifies that Vendor is not participating in a boycott of Israel. The Vendor further certifies that Vendor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Vendor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Vendor of the City's determination concerning the false certification. The Vendor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, the Vendor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Vendor does not demonstrate that the City's determination of false certification was made in error, then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 11. E-VERIFY: Vendor shall comply with Section 448.095, Fla. Stat., “Employment Eligibility,” including the registration and use of the E-Verify system to verify the work authorization status of employees. Failure to comply with Section 448.095, Fla. Stat. shall result in termination of this Agreement. Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. If this Agreement is terminated for a violation of the statute by Vendor, Vendor may not be awarded a public contract for a period of one (1) year after the date of termination. 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 568 Piggyback Contract 25-063PB – Pantropic Power, Inc. 5 Agreement shall be construed under Florida Law. WAIVER OF JURY TRIAL/CLASS ACTION. All Parties to this Agreement agree that the underlying transactions contemplated between them are complex and not appropriate for determination by a jury. Therefore, both Parties herein WAIVE THEIR RIGHT TO A JURY TRIAL and they both acknowledge that said waiver is a material inducement to the other into entering this Agreement. In addition, thereto, Representative specifically and knowingly waives its membership as a class action member in any purported class action or representative therein. 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 or Vendor for convenience upon thirty (30) days’ prior 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 and non-inventoried parts ordered. 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 reasonable 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, 569 Piggyback Contract 25-063PB – Pantropic Power, Inc. 6 and its officers, employees and agents as an additional insured. 18. LIMITATION OF LIABILITY: Notwithstanding any provision of the Agreement to which it is applicable, City shall not be liable or responsible to Vendor beyond the amount remaining due to Vendor under the Agreement, regardless of whether said liability be based in tort, contract, indemnity or otherwise; and in no event shall City be liable to Vendor for punitive or exemplary damages or for lost profits or consequential damages. The liability of Vendor with respect to claims arising out of its performance in connection with this Agreement, whether based on contract, tort or by operation of law, shall not exceed one hundred percent (100%) of the Contract Price. 19. NO SPECIAL DAMAGES. In no event shall either Party be liable to the other for any special damages, speculative damages, indirect, special, incidental, and consequential, loss of profits or other damages or losses of any kind whatsoever, no matter what the cause. 20. 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. 21. 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. 22. 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. 23. 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. 24. 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. 570 Piggyback Contract 25-063PB – Pantropic Power, Inc. 7 25. SEVERABILITY. If any provision of this Agreement or application thereof to any person or situation shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable, shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. SIGNATURE PAGE FOLLOWS 571 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the d.ay and year first written above. CITY OF BOYNTON BEACH, FLORIDA P ANTROPIC POANER, INC. (J tJ~~ ~ ~ Rebecca Shelton, Mayor (Signature), Pantropic Power, Inc. __ t~ ..a,.,~r-i ~u;__,~~_L;r__Jlv. • ·Y . ;...:.....L- Print Name of Authorized Official Title • -. Approved as to Form: • • --. -• . - Shaw11a G. Lamb, City Attorney -(Corporate ~"e·a1) • -• . . • Attested/ Authenticated: ignature ), Witness Maylee DeJesus, City Clerk Print Name Piggyback Contract 25-063PB -Pantrop ic Power , Inc . 8 572 Piggyback Contract 25-063PB – Pantropic Power, Inc. 9 EXHIBIT A VENDOR’S PROPOSAL 573 Pantropic Power, Inc. 6/10/2025 www.pantropic.com Contract #RAG05132025-1 8205 NW 58th ST Customer Acct. #:3516800 Miami, FL 33166 8/15/2025 Contract For: Brian Heller Email: Roberto_Garcia@pantropic.com Phone: (305) 592-4944, ext. 3022 Phone 561-742-6420 Cell: (305) 970-5902 Cell Email:Hellerb@bbfl.us Comments or Special Instructions: START DATE COLLECTION PERIOD ESTIMATED END DATE SHIFT TAXABLE?INSURANCE?TERMS OF PAYMENTS 8/28/2025 MONTHLY 8/27/2026 Standby (0 hrs)No Yes Net 30 12 QUANTITY Item ID Additional Descritpion UNIT PRICE AMOUNT 1 XQ1000_NC 10,840.00$ 10,840.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 20 4_Odd_50_Ft n/c 20 4_Odd_Female_Lugged n/c 20 4_Odd_Male_Bare n/c -$ -$ -$ -$ -$ Loss Waiver 14% Rental_Evf 2%216.80$ Rental_Fue -$ Re_Trans_E R/T to and from Job Site -$ -$ -$ -$ -$ Re_Mainten PM is required every 250 hours of run -$ time. Invoiced seperately as needed -$ Each PM cost is 2,095.00$ -$ -$ -$ -$ -$ -$ SUBTOTAL 11,056.80$ TAX RATE SALES TAX -$ OTHER -$ 1st MONTH TOTAL 11,056.80$ SUBSEQUENT MONTH/S TOTAL 11,056.80$ Customer Signature (Required): Roberto Garcia Printed Name: Rental Sales Date: PO #: Utilizing the Sourcewell NJPA Contract # 040924-CAT 1000 KW Generator,internal 1250 g fuel tank. Fuel consumption is 53.0 g/hr at 3/4 load. Emergency Backup Generator and Cables at the East Water Treatment Plant ( EWTP ). Address: same Contract may be cancelled at any time by providing Pantropic Power, Inc. a 30 days notice in advance of tramination date. DESCRIPTION JOBSITE: City of Boynton Beach Roberto Garcia Boynton Beach, Fl 33435 Rental Contract One Source, One Call, One Solution DATE Contract valid until: 124 E Woolbright Road Name: East Water Treatment Plant 4/0 50' Cam Lok Cable 4/0 Female Lugged Pigtail 4/0 MB Pigtail Pantropic Power CAT for monthly cost of $ 11, 056.80 and service cost of $ 2,095.00 twice a year for a total annuaul cost of $ 136,871.60. *Notes: Rental Maintenance Loss Waiver Environmental Fee Fuel Charge Rental Transport External No transport cost as this was paid on the first 574 6. Proof of insurance must be provided prior to the customer taking delivery of rented equipment. If proof is not provided, customer agrees to be charged for Pantropic’s Loss/Damage Waiver at 14% of the equipment rental rate. Additional Terms & Conditions 1. RENTAL TERM: Rental term begins when generator leaves Pantropic’s property for delivery to customer and ends when customer notifies Pantropic, in writing or email, to pick-up the generator. 2. USE OF EQUIPMENT: Customer agrees to use the equipment only at the specified location as indicated on the rental contract as jobsite or event site. Customer agrees to not remove, sublease, or re-rent equipment during the full rental period. 3. TRANSPORTATION: Charges are applicable to/from customer’s location from Pantropic Power’s headquarters in Miami, Fl. 4. BILLING: All rentals are billable in advance and begin on the day equipment is first shipped to customer’s site and end the day equipment is returned to Pantropic. If equipment is initially rented with a Credit Card, Pantropic is entitled to charge said card periodically and at such times for all amounts calculated to be due and owing. 5. RETURN OF EQUIPMENT: Customer agrees to have all rented items returned during normal business hours and in the same condition and repair as when it was delivered. 6. RETENTION OF EQUIPMENT/EXPIRATION OF TERM: If the customer retains the equipment after the expiration of the stated term on the contract, such retention shall be construed as a continuance of this rental contract at the same rental rate and under the same terms & conditions. 7. OWNERSHIP OF EQUIPMENT: The parties herein agree that Pantropic retains all rights and title to the rented equipment and customer may not have said equipment liened or pledged as collateral. 8. RISK: Risk is transferred to the customer upon receipt of equipment and remains with the customer until equipment is returned to Pantropic’s yard. The customer is liable for all damages to the equipment while in its possession. 9. MAINTENANCE/BREAKDOWN: all generators must be serviced at 250 hour run time intervals (unless otherwise negotiated and stated within the rental contract) at customer’s expense. Rent shall NOT ABATE due to any maintenance needs. Customer shall not attempt any repair to the rented equipment without prior written consent of Pantropic. PANTROPIC MAKES NO EXPRESSED OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MECHANTABILITY OR THAT THE UNIT IS PROPERLY FIT FOR ANY PARTICULAR PURPOSE. 10. ACCESS: Pantropic reserves the right to enter the customer’s location at any time upon giving prior reasonable notice to the customer in order to inspect, maintain, and/or repair the rented equipment. 11. RESPONSIBILITY FOR LOSS/DAMAGE TO EQUIPMENT: Customer shall be responsible for any losses or damage to the equipment resulting from any cause whatsoever. Customer agrees to bear the risk of loss or destruction of rented equipment until such time as the equipment is returned to Pantropic at the end of the rental period. 12. INDEMNIFICATION: CUSTOMER SHALL INDEMNIFY, DEFEND, AND HOLD PANTROPIC HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, OBLIGATIONS, LOSSES, DAMAGES, CLAIMS, PENALTIES, INJURIES (BOTH TO BODY AND PROPERTY), AND ALL COSTS AND EXPENSES RELATING TO OR RISING OUT OF THE EQUIPMENT IN WHATEVER MANNER IN CONNECTION WITH ANY EVENT OCURRING PRIOR TO THE PROPER RETURN OF THE EQUPMENT TO PANTROPIC. Pantropic is not liable for any downtime, consequential or inconsequential damages or incidents to the customer or any third party claiming through or on behalf of the customer for use of the equipment. 5. Pantropic will provide top-off service and re-fueling service with fuel dispensed at market price per gallon. Customer may elect this service ___Yes, ___No, if Yes, please provide initial_______. General Terms & Conditions 1. Equipment is subject to prior sale or rental 2. Customers who do not elect to prepay fuel are subject to a refueling service charge per gallon for shortages upon return. 3. Customers are required to perform all maintenance on equipment. Neglect on customer’s behalf is subject to additional charges. Customers can elect or hire our service department maintenance at additional charges as Pantropic Power offers 24 hour emergency services and preventive maintenance services. 4. Customer is responsible for all connections and disconnections of the rented equipment unless otherwise noted. Pantropic Power is NOT authorized to connect/disconnect to/from customers’ load point(s). 575 This Message Is From an External Sender This message came from outside your organization. CAUTION: This is an email from an EXTERNAL source. Please be careful before clicking links or opening attachments. When in doubt, report using the Phish Alert Report button. From:Roberto A. Garcia To:Heller, Bryan Cc:Gonzalez, Theresa Subject:RE: Use of Agreement #040924-CAT – Request for Catalog Pricing Date:Tuesday, June 17, 2025 3:56:53 PM Attachments:image011.png image013.png image014.png image015.png image016.png image017.png image019.png image021.png Bryan, Please see below a copy of our standard rate for a 1 Meg generator. The rate I provided on your quote is 20% lower than our standard Standby rate of $ 13,863.00 Thank you for your support. Robert (Bob) Garcia Events & Projects Manager (305) 970-5902 Roberto_Garcia@pantropic.com From: Heller, Bryan <HellerB@bbfl.us> Sent: Thursday, June 12, 2025 1:28 PM To: Roberto A. Garcia <Roberto_Garcia@pantropic.com> Cc: Gonzalez, Theresa <GonzalezT@bbfl.us> Subject: FW: Use of Agreement #040924-CAT – Request for Catalog Pricing Hi Rob, Please provide the standard rate information as soon as possible so we can move forward. Thanks, Bryan Heller City of Boynton Beach Sailfish Logo Bryan Heller, MPA Division Director, Water Quality & Treatment Boynton Beach Utilities, Administration City of Boynton Beach 124 E. Woolbright Rd.| Boynton Beach, Florida 33435 561-742-6420 HellerB@bbfl.us | http://www.boynton-beach.org/ Link to Download MyBoynton App America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law, and all correspondence to me via email may be subject to disclosure. Under Florida law, email addresses are public records. Therefore, your email communication and your email address may be subject to public disclosure From: Jeff Carruthers <Jeff.Carruthers@cat.com> Sent: Thursday, June 12, 2025 9:36 AM To: Gonzalez, Theresa <GonzalezT@bbfl.us>; Heller, Bryan <HellerB@bbfl.us>; Roberto Garcia <Roberto_Garcia@pantropic.com> 576 This Message Is From an External Sender This message came from outside your organization. Cc: Kalkat, Poonam <KalkatP@bbfl.us> Subject: RE: Use of Agreement #040924-CAT – Request for Catalog Pricing Good Morning Theresa, The screenshot below came of the Dealer Sourcewell Rate sheet itself. It is not published on the Sourcewell Rental National Agreement Paperwork. The Dealer would have to provide this, I’m unable to share with end usersZjQcmQRYFpfptBannerStart ZjQcmQRYFpfptBannerEndGood Morning Theresa, The screenshot below came of the Dealer Sourcewell Rate sheet itself. It is not published on the Sourcewell Rental National Agreement Paperwork. The Dealer would have to provide this, I’m unable to share with end users due to legalities, I’m sorry. Thank you. Jeff Caterpillar: Confidential Green From: Gonzalez, Theresa <GonzalezT@bbfl.us> Sent: June 10, 2025 8:47 PM To: Heller, Bryan <HellerB@bbfl.us>; Roberto Garcia <Roberto_Garcia@pantropic.com>; Jeff Carruthers <Jeff.Carruthers@cat.com> Cc: Kalkat, Poonam <KalkatP@bbfl.us> Subject: RE: Use of Agreement #040924-CAT – Request for Catalog Pricing CAUTION: EXTERNAL EMAIL This is a message from GonzalezT@bbfl.us. Use caution when opening unexpected emails and do not click on links or attachments from unknown senders. For more resources, visit security.cat.com/phishing. Bryan – While I work on drafting the piggyback agreement, could you please coordinate with Bob or Jeff to obtain a copy of the Sourcewell Rental Agreement that includes the following details (image below)? This document will serve as supporting documentation for the piggyback agreement. Thank you, City of Boynton Beach Sailfish Logo Theresa Gonzalez Senior Buyer ‑ Utilities Financial Services Mailing Address:P.O. Box 310 |Boynton Beach, Florida 33425 Physical Address:100 E. Ocean Ave.| Boynton Beach, Florida 33435 561-742-6353 GonzalezT@bbfl.us | boynton-beach.org/ Follow Us On Social Media Connect with us on Nextdoor Link to Download MyBoynton App Want to do business with the City of Boynton Beach? Register for FREE with our solicitation partner, Bids Tenders Website at Boynton-Beach.bidsandtenders.net Please be advised that Florida has a broad public records law, and all correspondence to me via email may be subject to disclosure. Under Florida law, email addresses are public records. Therefore, your email communication and your email address may be subject to public disclosure From: Heller, Bryan <HellerB@bbfl.us> Sent: Tuesday, June 10, 2025 2:50 PM To: Roberto A. Garcia <Roberto_Garcia@pantropic.com>; Gonzalez, Theresa <GonzalezT@bbfl.us> Cc: Kalkat, Poonam <KalkatP@bbfl.us>; Jesse Bracewell <jesse@govsolutionsteam.com> Subject: RE: Use of Agreement #040924-CAT – Request for Catalog Pricing Hi Theresa, Please let me know if there is anything else we need to get the new contract in place. Thanks, Bryan Heller Bryan Heller, MPA Division Director, Water Quality & Treatment 577 Piggyback Contract 25-063PB – Pantropic Power, Inc. 10 EXHIBIT B CONTRACT BETWEEN SOURCEWELL AND CATERPILLAR, INC. 578 040924-CAT Rev. 3/2022 1 Solicitation Number: RFP #040924 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Caterpillar Inc., 5212 N. O’Connor Blvd., Suite 1100, Irving, TX 75039 (Supplier). Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Sourcewell issued a public solicitation for Rental Equipment, Products, and Related Services from which Supplier was awarded a contract. Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities). 1. TERM OF CONTRACT A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below. EXPIRATION DATE AND EXTENSION. This Contract expires June 11, 2028, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier. B. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All other rights will cease upon expiration or termination of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. 579 040924-CAT Rev. 3/2022 2 Pursuant to Section 10(b), Supplier will subcontract certain obligations under this Contract to its dealers. Only those dealers that sign a Participation Agreement with Supplier obligating them to comply with the terms of this Contract will be eligible to provide Equipment, Products, or Services as a subcontractor under this Contract. In the event there is no dealer who has entered into a Participation Agreement available to provide Equipment, Products, or Services to a Participating Entity, Supplier will be under no obligation to provide Equipment, Products, or Services to such Participating Entity under this Contract. Supplier will provide a copy of this Contract to its dealers that would normally service Participating Entities and invite such dealers to enter into a Participation Agreement as a subcontractor of Supplier under the terms of this Contract. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B. WARRANTY. SUPPLIER DOES NOT PROVIDE ANY REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS OR SUITABILITY FOR ANY PARTICULAR PURPOSE OR USE OF THE EQUIPMENT, PRODUCTS, OR SERVICES. Notwithstanding the foregoing, Participating Dealer warrants that the equipment upon delivery will be in good working condition and in compliance with the original equipment manufacturer’s specifications. Participating Dealer agrees to repair or replace any equipment that is not in compliance with the above warranty at its sole expense. If the repair or replacement is due to Participating Entity abuse, misuse or neglect, the Participating Entity will be responsible for the cost of repair or replacement. C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information. 3. PRICING All Equipment, Products, or Services under this Contract will be priced at or below the price percentage list discount stated in Supplier’s Proposal. Upon request made to a participating CAT dealer, from a Participating Entity identifying themselves as a Sourcewell member by providing their Sourcewell member number and 580 040924-CAT Rev. 3/2022 3 contract number; formal quotes will list all costs, including all delivery expenses, such as freight and permits (when required). Alternatively, Participating Entities may choose to make their own transportation arrangements. In such case, there would be no delivery charges from the local participating Cat dealer. Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase. A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities. Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity. Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products. B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity. C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities. 4. PRODUCT AND PRICING CHANGE REQUESTS 581 040924-CAT Rev. 3/2022 4 Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator. At a minimum, the request must: x Identify the applicable Sourcewell contract number; x Clearly specify the requested change; x Provide sufficient detail to justify the requested change; x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference. 5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities. B. Supplier may not enter into a contract with a U.S. Federal Government entity prior to obtaining necessary internal approvals and shall not be obligated to provide Equipment, Products or Services to any U.S. Federal Government entity under this Contract unless separately agreed in writing. Supplier may work with such parties and may agree to provide equipment or services under the Contract on a case-by-case basis. The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source. Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities 582 040924-CAT Rev. 3/2022 5 to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract. C. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at government- owned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws. 6. PARTICIPATING ENTITY USE AND PURCHASING A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Orders will be placed/issued and executed directly to/by Participating Dealers with payments made to the Participating Dealers as agreed. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract. Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity. B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier’s Participating Dealer, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum, the terms of which will be negotiated directly between the Participating Entity and the Supplier’s Participating Dealer or its authorized dealers, distributors, or resellers, as applicable. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract. C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events: 583 040924-CAT Rev. 3/2022 6 1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or 2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements. E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase. 7. CUSTOMER SERVICE A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for: x Maintenance and management of this Contract; x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable. B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, performance issues, supply issues, customer issues, and any other necessary information. 8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made). The Report must contain the following fields: x Participating Entity Name (e.g., City of Staples Highway Department); x Participating Entity Physical Street Address; x Participating Entity City; x Participating Entity State/Province; x Participating Entity Zip/Postal Code; x Participating Entity Contact Name; x Participating Entity Contact Email Address; 584 040924-CAT Rev. 3/2022 7 x Participating Entity Contact Telephone Number; x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description; x Item Purchased Price; x Sourcewell Administrative Fee Applied; and x Date Purchase was invoiced/sale was recognized as revenue by Supplier. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities as stated in and subject to the Proposal and any amendments thereto. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee. The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter. Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date. 9. AUTHORIZED REPRESENTATIVE Sourcewell's Authorized Representative is its Chief Procurement Officer. Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing. 10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE 585 040924-CAT Rev. 3/2022 8 A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Contract are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract. B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid. Provided, however, that Supplier is permitted to subcontract certain of its rights and obligations to Supplier Participating Dealers for performance without Sourcewell’s prior written consent. Notwithstanding any provision hereof to the contrary, each of Supplier and/or any participating dealer shall be liable and responsible only for such party’s own compliance or non-compliance with this Contract and/or any applicable subcontract; and such Supplier shall not be jointly and severally liable for any participating dealer’s compliance or non-compliance with this Contract or otherwise. C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties. D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties. E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern. F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent. 11. INDEMNITY AND HOLD HARMLESS Intentionally omitted. 12. GOVERNMENT DATA PRACTICES Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell 586 040924-CAT Rev. 3/2022 9 under this Contract and as it applies to all data created, collected, received, maintained, or disseminated by the Supplier under this Contract. 13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. Intentionally deleted. B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract. C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract. D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services. 14. GOVERNING LAW, JURISDICTION, AND VENUE The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota. 15. FORCE MAJEURE Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default. 16. SEVERABILITY If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed. 17. PERFORMANCE, DEFAULT, AND REMEDIES A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows: 587 040924-CAT Rev. 3/2022 10 1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties. 2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed. B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default: 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract. The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may: x Exercise any remedy provided by law or equity, or x Terminate the Contract or any portion thereof, including any orders issued against the Contract. 18. INSURANCE A. REQUIREMENTS. At its own expense, Supplier and any participating dealer must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following: 1. Workers’ Compensation and Employer’s Liability. Workers’ Compensation: As required by any applicable law or regulation. Employer's Liability Insurance: must be provided in amounts not less than listed below: Minimum limits: $500,000 each accident for bodily injury by accident 588 040924-CAT Rev. 3/2022 11 $500,000 policy limit for bodily injury by disease $500,000 each employee for bodily injury by disease 2. Commercial General Liability Insurance. Supplier and any participating dealer will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract. Minimum Limits: $1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury $2,000,000 aggregate for products liability-completed operations $2,000,000 general aggregate 3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier and any participating dealer will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent. Minimum Limits: $1,000,000 each accident, combined single limit 4. Umbrella Insurance. During the term of this Contract, Supplier and any participating dealer will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile. Minimum Limits: $2,000,000 Failure of Supplier and participating dealer to maintain the required insurance will constitute a material breach by Supplier and any participating dealer entitling Sourcewell to immediately terminate this Contract with respect to the participating dealer for default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier and any participating dealer must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. 589 040924-CAT Rev. 3/2022 12 Failure to request certificates of insurance by Sourcewell, or failure of Supplier and any participating dealer to provide certificates of insurance, in no way limits or relieves Supplier or any participating dealer of its duties and responsibilities in this Contract. C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier and any participating dealer agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s and any participating dealer’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier and any participating dealer, and products and completed operations of Supplier and any participating dealer. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds. A Participating Dealer may name a Participating Entity as an additional insured on a case-by-case basis. D. WAIVER OF SUBROGATION. Supplier and any participating dealer waive and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier and any participating dealer or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier and any participating dealer or its subcontractors. E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention. 19. COMPLIANCE A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. As a local unit of government of the State of Minnesota, Sourcewell will comply with all applicable Minnesota laws and regulations related to its operations. B. LICENSES. Supplier’s Participating Dealers must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Participating Dealer conducts with Sourcewell and Participating Entities. 590 040924-CAT Rev. 3/2022 13 20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing. Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. 21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Intentionally omitted. 22. CANCELLATION Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation. Sourcewell Caterpillar Inc. 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DYDLODELOLW\ௐRUௐUHIHUௐWRௐ KWWSVZZZFDWUHQWDOVWRUHFRPHQB86SURGXFWVKWPO Bid Number: RFP 040924 Vendor Name: Caterpillar Inc 611 Bid Number: RFP 040924 Vendor Name: Caterpillar Inc Table 16: Depth and Breadth - Public Works and Public Utility Equipment Indicate below if the listed types or classes of equipment, products, and services are offered within your proposal. Provide additional comments in the text box provided, as necessary. Proposers seeking an award in Category 1 or Category 3 must include at least one solution offered within the scope of Public Works and Public Utility Equipment. See RFP Section II. B. 1. for details. We will not be submitting for Table 16: Depth and Breadth - Public Works and Public Utility Equipment Line Item Category or Type Offered *Comments 93 Sewer Vac & Hydro or Air Excavators Yes No 94 Street Maintenance & Cleaning Equipment Yes No Visit local participating CAT rental dealer for selection and current availability, or refer to https://www.catrentalstore.com/en_US/products.html. 95 Bucket Trucks Yes No 96 Diggers Yes No Visit local participating CAT rental dealer for selection and current availability, or refer to https://www.catrentalstore.com/en_US/products.html. 97 Roll-Off Trucks Yes No 98 Refuse Trucks Yes No 99 Waste & Debris Handling Equipment Yes No Visit local participating CAT rental dealer for selection and current availability, or refer to https://www.catrentalstore.com/en_US/products.html. Exceptions to Terms, Conditions, or Specifications Form Only those Proposer Exceptions to Terms, Conditions, or Specifications that have been accepted by Sourcewell have been incorporated into the contract text. Documents Ensure your submission document(s) conforms to the following: 1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided. 2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell. 3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell. 4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. 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,QFOXGHGRQWKH³6SHFLDOO\'HVLJQDWHG1DWLRQDOVDQG%ORFNHG3HUVRQV´OLVWPDLQWDLQHGE\WKH2IILFHRI)RUHLJQ$VVHWV&RQWURO RIWKH8QLWHG6WDWHV'HSDUWPHQWRIWKH7UHDVXU\IRXQGDWKWWSVZZZWUHDVXU\JRYRIDFGRZQORDGVVGQOLVWSGI ,QFOXGHGRQWKHJRYHUQPHQWZLGHH[FOXVLRQVOLVWVLQWKH8QLWHG6WDWHV6\VWHPIRU$ZDUG0DQDJHPHQWIRXQGDW KWWSVVDPJRY6$0RU 3UHVHQWO\GHEDUUHGVXVSHQGHGSURSRVHGIRUGHEDUPHQWGHFODUHGLQHOLJLEOHRUYROXQWDULO\H[FOXGHGIURPSURJUDPVRSHUDWHG Bid Number: RFP 040924 Vendor Name: Caterpillar Inc 614 E\WKH6WDWHRI0LQQHVRWDWKH8QLWHG6WDWHVIHGHUDOJRYHUQPHQWRUWKH&DQDGLDQJRYHUQPHQWDVDSSOLFDEOHRUDQ\ 3DUWLFLSDWLQJ(QWLW\9HQGRUFHUWLILHVDQGZDUUDQWVWKDWQHLWKHULWQRULWVSULQFLSDOVKDYHEHHQFRQYLFWHGRIDFULPLQDORIIHQVH UHODWHGWRWKHVXEMHFWPDWWHURIWKLVVROLFLWDWLRQ %\FKHFNLQJWKLVER[,DFNQRZOHGJHWKDW,DPERXQGE\WKHWHUPVRIWKH3URSRVHU¶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id Number: RFP 040924 Vendor Name: Caterpillar Inc 615 Rev. 3/2022 Sourcewell RFP #040924 Rental Equipment, Products, and Related Services Page 1 RFP #040924 REQUEST FOR PROPOSALS for Rental Equipment, Products, and Related Services Proposal Due Date: April 9, 2024, 4:30 p.m., Central Time Sourcewell, a State of Minnesota local government unit and service cooperative, is requesting proposals for Rental Equipment, Products, and Related Services to result in a contracting solution for use by its Participating Entities. Sourcewell Participating Entities include thousands of governmental, higher education, K‐12 education, nonprofit, tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal [https://proportal.sourcewell‐mn.gov]. Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than April 9, 2024, at 4:30 p.m. Central Time, and late proposals will not be considered. SOLICITATION SCHEDULE Public Notice of RFP Published: February 20, 2024 Pre‐proposal Conference: March 12, 2024, 10:00 a.m., Central Time Question Submission Deadline: April 1, 2024, 4:30 p.m., Central Time Proposal Due Date: April 9, 2024, 4:30 p.m., Central Time Late responses will not be considered. Opening: April 9, 2024, 4:30 p.m., Central Time See RFP Section V.G. “Opening” 616 Rev. 3/2022 Sourcewell RFP #040924 Rental Equipment, Products, and Related Services Page 2 I. ABOUT SOURCEWELL A. SOURCEWELL Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that facilitates a competitive public solicitation and contract award process for the benefit of its 50,000+ participating entities across the United States and Canada. Sourcewell’s solicitation process complies with State of Minnesota law and policies, conforms to Canadian trade agreements (including Canadian Free Trade Agreement, Ontario‐Quebec Trade and Cooperation Agreement, and Canada‐European Union Comprehensive Economic and Trade Agreement, as applicable), and results in cooperative purchasing solutions from which Sourcewell’s Participating Entities procure equipment, products, and services. Cooperative purchasing provides participating entities and suppliers increased administrative efficiencies and the power of combined purchasing volume that result in overall cost savings. At times, Sourcewell also partners with other purchasing cooperatives to combine the purchasing volume of their membership into a single solicitation and contract expanding the reach of contracted suppliers’ potential pool of end users. Sourcewell uses a website‐based platform, the Sourcewell Procurement Portal, through which all proposals to this RFP must be submitted. B. USE OF RESULTING CONTRACTS In the United States, Sourcewell’s contracts are available for use by:  Federal and state government entities1;  Cities, towns, and counties/parishes;  Education service cooperatives;  K‐12 and higher education entities;  Tribal government entities;  Some nonprofit entities; and  Other public entities. In Canada, Sourcewell’s contracts are available for use by:  Provincial and territorial government departments, ministries, agencies, boards, councils, committees, commissions, and similar agencies;  Indigenous self‐governing bodies;  Regional, local, district, and other forms of municipal government, municipal organizations, school boards, and publicly funded academic, health, and social service 1 Pursuant to HAR §3‐128‐2, the State of Hawaii, Department of Accounting and General Services, State Procurement Office, on behalf of the State of Hawaii and participating jurisdictions, has provided notice of its Intent to Participate in the solicitation as a participating entity. 617 Rev. 3/2022 Sourcewell RFP #040924 Rental Equipment, Products, and Related Services Page 3 entities referred to as MASH sector (this should be construed to include but not be limited to the Cities of Calgary, Edmonton, Toronto, Ottawa, and Winnipeg), as well as any corporation or entity owned or controlled by one or more of the preceding entities;  Crown corporations, government enterprises, and other entities that are owned or controlled by these entities through ownership interest; and  Members of the Canoe procurement group of Canada, and their partner associations: Canoe members are regional, local, district or other forms of municipal government, school boards, publicly‐funded academic, health and social service entities in Alberta and across Canada, as well as any corporation or entity owned or controlled by one or more of the preceding entities – as well as partner associations, including Saskatchewan Association of Rural Municipalities, Association of Manitoba Municipalities, Local Authorities Services/Association of Municipalities Ontario, Nova Scotia Federation of Municipalities, Federation of Prince Edward Island Municipalities, Municipalities Newfoundland Labrador, Union of New Brunswick Municipalities, North West Territories Association of Communities, CivicInfo BC, and their members. For a listing of current United States and Canadian Participating Entities visit Sourcewell’s website (note: there is a tab for each country): https://www.sourcewell‐mn.gov/sourcewell‐for‐ vendors/agency‐locator. Participating Entities typically access contracted equipment, products, or services through a purchase order issued directly to the contracted supplier. A Participating Entity may request additional terms or conditions related to a purchase. Use of Sourcewell contracts is voluntary and Participating Entities retain the right to obtain similar equipment, products, or services from other sources. To meet Participating Entities’ needs, Sourcewell broadly publishes public notice of all solicitation opportunities, including this RFP. In addition, where applicable, other purchasing cooperatives and procurement officials receive notice and are encouraged to re‐post the solicitation opportunity. Proof of publication will be available at the conclusion of the solicitation process. II. SOLICITATION DETAILS A. SOLUTIONS‐BASED SOLICITATION This RFP and contract award process is a solutions‐based solicitation; meaning that Sourcewell is seeking equipment, products, or services that meet the general requirements of the scope of this RFP and that are commonly desired or are required by law or industry standards. 618 Rev. 3/2022 Sourcewell RFP #040924 Rental Equipment, Products, and Related Services Page 4 B. REQUESTED EQUIPMENT, PRODUCTS, OR SERVICES It is expected that proposers will offer a wide array of equipment, products, or services at lower prices and with better value than what they would ordinarily offer to a single government entity, a school district, or a regional cooperative. 1. Sourcewell is seeking proposals for Rental Equipment, Products, and Related Services. Awards under this solicitation will be made in three (3) separate categories. No proposer should select more than one category to respond to due to the RFP being structured such that Category 1 enables a supplier to respond with a single response that includes solutions from both categories 2 and 3. Whereas, those with only solutions in Category 2 or 3, should respond to the corresponding category whose scope includes those solutions (e.g., either category 2 or 3). Proposers submitting a proposal in Category 1 must have at least one solution from each of categories 2 and 3. For example, if a Proposer offers at least one solution from Construction and General Rental Solutions, in addition to offering at least one solution from Public Works and Utility Equipment, the Proposer should designate it is seeking an award in Category 1 only. Proposers seeking an award in Category 2 must include at least one solution offered within the scope of Category 2 for Construction and General Rental Solutions and no solutions from Category 3 Public Works and Public Utility Equipment. Similarly, proposers seeking an award in Category 3 for Public Works and Public Utility Equipment must include at least one solution offered within the scope of Category 3 for Public Works and Public Utility Equipment and no solutions from Category 2 Construction and General Rental Solutions. Category 1: Rental Equipment, Products and Related Services such as: a. Construction Equipment and General Rental Solutions (Category 2); and b. Public Works and Public Utility Equipment (Category 3). Category 2: Construction Equipment and General Rental Solutions including but not limited to: a. Earth moving equipment; b. Aerial equipment; c. Compaction equipment; d. Industrial; e. Roadway; f. Concrete equipment; g. Landscape equipment; h. Trailers; i. Lighting equipment; j. Barricades; k. Signs; 619 Rev. 3/2022 Sourcewell RFP #040924 Rental Equipment, Products, and Related Services Page 5 l. Batteries or charging equipment; m. Generators; n. Wash stations; o. Portable restrooms; p. Temporary shelters; and q. Used rental equipment sales Category 3: Public Works and Public Utility Equipment, including but not limited to: a. Sewer vac & hydro or air excavators; b. Street maintenance and cleaning equipment; c. Bucket trucks; d. Diggers; e. Roll‐off trucks; f. Refuse trucks; and g. Waste and debris handling equipment. Proposers may include related services, including delivery, installation or setup, removal, repair, maintenance, equipment training programs, and safety training programs, and rental equipment protection plans to the extent these services are ancillary or complementary to categories 1, 2, and 3 above. The primary focus of this solicitation is on Rental Equipment, Products, and Related Services. This solicitation should NOT be construed to include: a. Automobile (car or truck) rental or leasing b. Party or event rental only solution Generally, the solutions for Participating Entities are turn‐key solutions, providing a combination of equipment, products and services, delivery, and installation to a properly operating status. However, equipment‐only or products‐only solutions may be appropriate for situations where Participating Entities possess the ability, either in‐house or through local third‐ party contractors, to properly install and bring to operation the equipment or products being proposed. Sourcewell prefers suppliers that provide a sole source of responsibility for the equipment, products, and services provided under a resulting contract. If proposer is including the equipment, products, and services of its subsidiary entities, the proposer must also identify all included subsidiaries in its proposal. If proposer requires the use of distributors, dealers, resellers, or subcontractors to provide the equipment, products, or services, the proposal must address how the equipment, products or services will be provided to Participating Entities, and describe the network of distributors, dealers, resellers, and/or subcontractors that will be available to serve Participating Entities under a resulting contract. 620 Rev. 3/2022 Sourcewell RFP #040924 Rental Equipment, Products, and Related Services Page 6 Sourcewell encourages suppliers to offer the broadest possible selection of equipment, products, and services being proposed over the largest possible geographic area and to the largest possible cross‐section of Sourcewell current and future Participating Entities. C. REQUIREMENTS It is expected that proposers have knowledge of all applicable industry standards, laws, and regulations and possess an ability to market and distribute the equipment, products, or services to Participating Entities. 1. Safety Requirements. All items proposed must comply with current applicable safety or regulatory standards or codes. 2. Deviation from Industry Standard. Deviations from industry standards must be identified with an explanation of how the equipment, products, and services will provide equivalent function, coverage, performance, and/or related services. 3. New Equipment and Products. Proposed equipment and products must be for new, current model; however, proposer may offer certain close‐out equipment or products if it is specifically noted in the Pricing proposal. 4. Delivered and operational. Unless clearly noted in the proposal, equipment and products must be delivered to the Participating Entity as operational. 5. Warranty. All equipment, products, supplies, and services must be covered by a warranty that is the industry standard or better. D. PROSPECTIVE CONTRACT TERM The term of any resulting contract(s) awarded by Sourcewell under this solicitation will be four years. Sourcewell and supplier may agree to up to three additional one‐year extensions based on the best interests of Sourcewell and its Participating Entities. Sourcewell retains the right to consider additional extensions beyond seven years as required under exceptional circumstances. E. ESTIMATED CONTRACT VALUE AND USAGE Based on past volume of similar contracts, the estimated annual value of all transactions from contracts resulting from this RFP are anticipated to be USD $90M; therefore, proposers are expected to propose volume pricing. Sourcewell anticipates considerable activity under the contract(s) awarded from this RFP; however, sales and sales volume from any resulting contract are not guaranteed. F. MARKETING PLAN Proposer’s sales force will be the primary source of communication with Participating Entities. The proposer’s Marketing Plan should demonstrate proposer’s ability to deploy a sales force or 621 Rev. 3/2022 Sourcewell RFP #040924 Rental Equipment, Products, and Related Services Page 7 dealer network to Participating Entities, as well as proposer’s sales and service capabilities. It is expected that proposer will promote and market any contract award. G. ADDITIONAL CONSIDERATIONS 1. Contracts will be awarded to proposers able to best meet the need of Participating Entities. Proposers should submit their complete line of equipment, products, or services that are applicable to the scope of this RFP. 2. A proposer may submit only one proposal. If related, affiliated, or subsidiary entities elect to submit separate proposals, rather than a single parent‐entity proposal, each such proposal must be prepared independently and without cooperation, collaboration, or collusion. 3. If a proposer works with a consultant on its proposal, the consultant (an individual or company) may not assist any other entity with a proposal for this solicitation. 4. Proposers should include all relevant information in its proposal, since Sourcewell cannot consider information that is not included in the proposal. Sourcewell reserves the right to verify proposer’s information and may request clarification from a proposer, including samples of the proposed equipment or products. 5. Depending upon the responses received in a given category, Sourcewell may need to organize responses into subcategories in order to provide the broadest coverage of the requested equipment, products, or services to Participating Entities. Awards may be based on a subcategory. 6. A proposer’s documented negative past performance with Sourcewell or its Participating Entities occurring under a previously awarded Sourcewell contract may be considered in the evaluation of a proposal. III. PRICING A. REQUIREMENTS All proposed pricing must be: 1. Either Line‐Item Pricing or Percentage Discount from Catalog Pricing, or a combination of these: a. Line‐item Pricing is pricing based on each individual product or services. Each line must indicate the proposer’s published “List Price,” as well as the “Contract Price.” b. Percentage Discount from Catalog or Category is based on a percentage discount from a catalog or list price, defined as a published Manufacturer’s Suggested Retail Price (MSRP) for the products or services. Individualized percentage discounts can be applied to any number of defined product groupings. Proposers will be responsible for providing and maintaining current published MSRP with Sourcewell, and this pricing must be included in its proposal and provided throughout the term of any contract resulting from this RFP. 622 Rev. 3/2022 Sourcewell RFP #040924 Rental Equipment, Products, and Related Services Page 8 2. The proposer’s not to exceed price. A not to exceed price is the highest price for which equipment, products, or services may be billed to a Participating Entity. However, it is permissible for suppliers to sell at a price that is lower than the contracted price. 3. Stated in U.S. and Canadian dollars (as applicable). 4. Clearly understandable, complete, and fully describe the total cost of acquisition (e.g., the cost of the proposed equipment, products, and services delivered and operational for its intended purpose in the Participating Entity’s location). Proposers should clearly identify any costs that are NOT included in the proposed product or service pricing. This may include items such as installation, set up, mandatory training, or initial inspection. Include identification of any parties that impose such costs and their relationship to the proposer. Additionally, proposers should clearly describe any unique distribution and/or delivery methods or options offered in the proposal. B. ADMINISTRATIVE FEES Proposers awarded a contract are expected to pay to Sourcewell an administrative fee in exchange for Sourcewell facilitating the resulting contracts. The administrative fee is normally calculated as a percentage of the total sales to Participating Entities for all contracted equipment, products, or services made during a calendar quarter, and is typically one percent (1%) to two percent (2%). In some categories, a flat fee may be an acceptable alternative. IV. CONTRACT Proposers awarded a contract will be required to execute a contract with Sourcewell (see attached template). Only those modifications the proposer indicates in its proposal will be available for discussion. Much of the language in the Contract reflects Minnesota legal requirements and cannot be altered. Numerous and/or onerous exceptions that contradict Minnesota law may result in the proposal being disqualified from further review and evaluation. To identify any exception, or to request any modification, to Sourcewell’s standard Contract terms, conditions, or specifications, a proposer must submit the proposed exception(s) or requested modification(s) via redline in the Contract Template provided in the “Documents” section of the “Bid Details” page on the Sourcewell Procurement Portal and uploaded as part of its response. Only those exceptions noted at the time of the proposal submission will be considered. Exceptions must: 1. Clearly identify the affected article and section. 2. Clearly note the requested modification; and as applicable, provide requested alternative language. Unclear requests will be automatically denied. 623 Rev. 3/2022 Sourcewell RFP #040924 Rental Equipment, Products, and Related Services Page 9 Only those exceptions that have been accepted by Sourcewell will be included in the contract document provided to the awarded supplier for signature. If a proposer receives a contract award resulting from this solicitation it will have up to 30 days to sign and return the contract. After that time, at Sourcewell’s sole discretion, the contract award may be revoked. V. RFP PROCESS A. PRE‐PROPOSAL CONFERENCE Sourcewell will hold an optional, non‐mandatory pre‐proposal conference via webcast on the date and time noted in the Solicitation Schedule for this RFP and on the Sourcewell Procurement Portal. The purpose of this conference is to allow potential proposers to ask questions regarding this RFP and Sourcewell’s competitive contracting process. Information about the webcast will be sent to all entities that have registered for this solicitation opportunity through their Sourcewell Procurement Portal Vendor Account. Pre‐proposal conference attendance is optional. B. QUESTIONS REGARDING THIS RFP AND ORAL COMMUNICATION All questions regarding this RFP must be submitted through the Sourcewell Procurement Portal. The deadline for submission of questions is found in the Solicitation Schedule and on the Sourcewell Procurement Portal. Answers to questions will be issued through an addendum to this RFP. Repetitive questions will be summarized into a single answer and identifying information will be removed from the submitted questions. All questions, whether specific to a proposer or generally related to the RFP, must be submitted using this process. Do not contact individual Sourcewell staff to ask questions or request information as this may disqualify the proposer from responding to this RFP. Sourcewell will not respond to questions submitted after the deadline. C. ADDENDA Sourcewell may modify this RFP at any time prior to the proposal due date by issuing an addendum. Addenda issued by Sourcewell become a part of the RFP and will be delivered to potential proposers through the Sourcewell Procurement Portal. Sourcewell accepts no liability in connection with the delivery of any addenda. Before a proposal will be accepted through the Sourcewell Procurement Portal, all addenda, if any, must be acknowledged by the proposer by checking the box for each addendum. It is the responsibility of the proposer to check for any addenda that may have been issued up to the solicitation due date and time. 624 Rev. 3/2022 Sourcewell RFP #040924 Rental Equipment, Products, and Related Services Page 10 If an addendum is issued after a proposer submitted its proposal, the Sourcewell Procurement Portal will WITHDRAW the submission and change the proposer’s proposal status to INCOMPLETE. The proposer can view this status change in the “MY BIDS” section of the Sourcewell Procurement Portal Vendor Account. The proposer is solely responsible to check the “MY BIDS” section of the Sourcewell Procurement Portal Vendor Account periodically after submitting its proposal (and up to the Proposal Due Date). If the proposer’s proposal status has changed to INCOMPLETE, the proposer is solely responsible to: i) make any required adjustments to its proposal; ii) acknowledge the addenda; and iii) ensure the re‐submitted proposal is received through the Sourcewell Procurement Portal no later than the Proposal Due Date and time shown in the Solicitation Schedule above. D. PROPOSAL SUBMISSION Proposer’s complete proposal must be submitted through the Sourcewell Procurement Portal no later than the date and time specified in the Solicitation Schedule. Any other form of proposal submission, whether electronic, paper, or otherwise, will not be considered by Sourcewell. Late proposals will not be considered. It is the proposer’s sole responsibility to ensure that the proposal is received on time. It is recommended that proposers allow sufficient time to upload the proposal and to resolve any issues that may arise. The time and date that a proposal is received by Sourcewell is solely determined by the Sourcewell Procurement Portal web clock. In the event of problems with the Sourcewell Procurement Portal, follow the instructions for technical support posted in the portal. It may take up to 24 hours to respond to certain issues. Upon successful submission of a proposal, the Sourcewell Procurement Portal will automatically generate a confirmation email to the proposer. If the proposer does not receive a confirmation email, contact Sourcewell’s support provider at support@bidsandtenders.ca. To ensure receipt of the latest information and updates via email regarding this solicitation, or if the proposer has obtained this solicitation document from a third party, the onus is on the proposer to create a Sourcewell Procurement Portal Vendor Account and register for this solicitation opportunity. Within the Sourcewell Procurement Portal, all proposals must be digitally acknowledged by an authorized representative of the proposer attesting that the information contained in in the proposal is true and accurate. By submitting a proposal, proposer warrants that the information provided is true, correct, and reliable for purposes of evaluation for potential contract award. The submission of inaccurate, misleading, or false information is grounds for disqualification from a contract award and may subject the proposer to remedies available by law. E. GENERAL PROPOSAL REQUIREMENTS 625 Rev. 3/2022 Sourcewell RFP #040924 Rental Equipment, Products, and Related Services Page 11 Proposals must be:  In substantial compliance with the requirements of this RFP or it will be considered nonresponsive and be rejected.  Complete. A proposal will be rejected if it is conditional or incomplete.  Submitted in English.  Valid and irrevocable for 90 days following the Proposal Due Date. Any and all costs incurred in responding to this RFP will be borne by the proposer. F. PROPOSAL WITHDRAWAL Prior to the proposal deadline, a proposer may withdraw its proposal. G. OPENING The Opening of proposals will be conducted in the Sourcewell Procurement Portal immediately following the proposal due date and time. To view the list of proposers resulting from the opening, verify that the Sourcewell Procurement Portal opportunities list search is set to “All” or “Closed.” Members of the public may attend the Opening at Sourcewell’s office located at 202 12th Street NE, Staples, MN to hear the results. VI. EVALUATION AND AWARD A. EVALUATION It is the intent of Sourcewell to award one or more contracts to responsive and responsible proposers offering the best overall quality, selection of equipment, products, and services, and price that meet the commonly requested specifications of Sourcewell and its Participating Entities. The award(s) will be limited to the number of proposers that Sourcewell determines is necessary to meet the needs of its Participating Entities. Factors to be considered in determining the number of contracts to be awarded in any category may include the following:  Total evaluation scores (giving consideration to natural breaks in the scoring of responsive proposals);  The number and geographic location of highest‐scoring proposers that offer: o A comprehensive selection of the requested equipment, products, or services; o A sales and service network ensuring availability and coverage for Participating Entities’ use; and 626 Rev. 3/2022 Sourcewell RFP #040924 Rental Equipment, Products, and Related Services Page 12 o Other attributes of the proposer or contents of its proposal that assist Participating Entities in achieving environmental and social requirements, and goals. Information submitted as part of a proposal should be as specific as possible when responding to the RFP. Do not assume Sourcewell has any knowledge about a specific supplier or product. B. AWARD(S) Award(s) will be made to the highest‐scoring proposer(s) whose proposal conforms to all conditions and requirements of the RFP, and consistent with the award criteria defined in this RFP. Sourcewell may request written clarification of a proposal at any time during the evaluation process. Proposal evaluation will be based on the following scoring criteria and the Sourcewell Evaluator Scoring Guide (a copy is available in the Sourcewell Procurement Portal): Conformance to RFP Requirements 50 Financial Viability and Marketplace Success 75 Ability to Sell and Deliver Service 100 Marketing Plan 50 Value Added Attributes 75 Warranty 50 Depth and Breadth of Offered Equipment, Products, or Services 200 Pricing 400 TOTAL POINTS 1000 C. PROTESTS OF AWARDS Any protest made under this RFP by a proposer must be in writing, addressed to Sourcewell’s Executive Director, and delivered to the Sourcewell office located at 202 12th Street NE, P.O. Box 219, Staples, MN 56479. All documents that comprise the complete protest package must be received, and time stamped at the Sourcewell office by 4:30 p.m., Central Time, no later than 10 calendar days following Sourcewell’s notice of contract award(s) or non‐award. A protest must allege a procedural, technical, or legal defect, with supporting documentation. A protest that merely requests a re‐evaluation of a proposal’s content will not be entertained A protest must include the following items:  The name, address, and telephone number of the protester;  Identification of the solicitation by RFP number;  A precise statement of the relevant facts;  Identification of the alleged procedural, technical, or legal defect; 627 Rev. 3/2022 Sourcewell RFP #040924 Rental Equipment, Products, and Related Services Page 13  Analysis of the basis for the protest;  Any additional supporting documentation;  The original signature of the protester or its representative; and  Protest bond in the amount of $20,000 (except where prohibited by law or treaty). Protests that do not address these elements will not be reviewed. D. RIGHTS RESERVED This RFP does not commit Sourcewell to award any contract, and a proposal may be rejected if it is nonresponsive, conditional, incomplete, conflicting, or misleading. Proposals that contain false statements or do not support an attribute or condition stated by the proposer may be rejected. Sourcewell reserves the right to:  Modify or cancel this RFP at any time;  Reject any and all proposals received;  Reject proposals that do not comply with the provisions of this RFP;  Select, for contracts or for discussion, a proposal other than that with the lowest cost;  Independently verify any information provided in a proposal;  Disqualify any proposer that does not meet the requirements of this RFP, is debarred or suspended by the United States or Canada, State of Minnesota, Participating Entity’s state or province; has an officer, or other key personnel, who have been charged with a serious crime; or is bankrupt, insolvent, or where bankruptcy or insolvency are a reasonable prospect;  Waive or modify any informalities, irregularities, or inconsistencies in the proposals received;  Clarify any part of a proposal and discuss any aspect of the proposal with any proposer; and negotiate with more than one proposer;  Award a contract if only one responsive proposal is received if it is in the best interest of Participating Entities; and  Award a contract to one or more proposers if it is in the best interest of Participating Entities. E. DISPOSITION OF PROPOSALS All materials submitted in response to this RFP will become property of Sourcewell and will become public record in accordance with Minnesota Statutes Section 13.591, after negotiations are complete. Sourcewell considers that negotiations are complete upon execution of a resulting contract. It is the proposer’s responsibility to clearly identify any data submitted that it considers to be protected. Proposer must also include a justification for the classification citing the applicable Minnesota law. Sourcewell may reject proposals that are marked confidential or nonpublic, either substantially or in their entirety. 628 Rev. 3/2022 Sourcewell RFP #040924 Rental Equipment, Products, and Related Services Page 14 Sourcewell will not consider the prices submitted by the proposer to be confidential, proprietary, or trade secret materials. Financial information, including financial statements, provided by a proposer is not considered trade secret under the statutory definition. 629 02/20/2024 Addendum No. 1 Solicitation Number: RFP 040924 Solicitation Name: Rental Equipment, Products, and Related Services Consider the following Question and Answer to be part of the above‐titled solicitation documents. The remainder of the documents remain unchanged. Question 1: Is this RFP only for the state of Minnesota? Answer 1: Sourcewell is seeking solutions to serve the largest possible cross‐section of current and potential Sourcewell participating entities or members. Refer to the RFP Article I. on Participating Entities and Use of the Resulting Contracts for details. End of Addendum Acknowledgement of this Addendum to RFP 040924 posted to the Sourcewell Procurement Portal on 02/20/2024, is required at the time of proposal submittal. 630 02/21/2024 Addendum No. 2 Solicitation Number: RFP 040924 Solicitation Name: Rental Equipment, Products, and Related Services Consider the following Question and Answer to be part of the above‐titled solicitation documents. The remainder of the documents remain unchanged. Question 1: If we are to submit for this, are we able to advise what service area the rates would be for? Answer 1: The Sourcewell solicitation is an open competitive process. A proposer is not required to cover every geographic region to be considered for award. Each proposal is evaluated based on the criteria stated in the RFP. End of Addendum Acknowledgement of this Addendum to RFP 040924 posted to the Sourcewell Procurement Portal on 02/21/2024, is required at the time of proposal submittal. 631 02/28/2024 Addendum No. 3 Solicitation Number: RFP 040924 Solicitation Name: Rental Equipment, Products, and Related Services Consider the following Questions and Answers to be part of the above‐titled solicitation documents. The remainder of the documents remain unchanged. Question 1: Would a Charging as a Service offering qualify under Sourcewell's Rental Equipment, Products, and Related Services RFP, or would Sourcewell consider our application out of scope? The RFP mentions Utility Equipment in Category 3 so I think it would qualify. Answer 1: The Sourcewell RFP is an open and competitive solicitation process. Each proposer, in its discretion, will propose the equipment, products, and services that it deems to fall within Sourcewell’s requested equipment, products, and services as described in the RFP. Question 2: Our company supports Washington, Oregon and California. Can I be informed of opportunities only in our area? Answer 2: That is not a capability of our platform at this time. End of Addendum Acknowledgement of this Addendum to RFP 040924 posted to the Sourcewell Procurement Portal on 02/28/2024, is required at the time of proposal submittal. 632 03/13/2024 Addendum No. 4 Solicitation Number: RFP 040924 Solicitation Name: Rental Equipment, Products, and Related Services Consider the following Questions and Answers to be part of the above‐titled solicitation documents. The remainder of the documents remain unchanged. Question 1: Do you have to have coverage across the US to be awarded? Would an award be considered for limited coverage? Answer 1: A proposer is not required to cover every geographic region to be considered for award. Each proposal is evaluated based on the criteria stated in the RFP. Question 2: How many bidders will be awarded (sic)? Answer 2: Refer to RFP section VI. Section A. It is the intent of Sourcewell to award one or more contracts to responsive and responsible proposers offering the best overall quality, selection of equipment, products, and services, and price that meet the commonly requested specifications of Sourcewell and its Participating Entities. The award(s) will be limited to the number of proposers that Sourcewell determines is necessary to meet the needs of its Participating Entities. Question 3: Is it correct that only United Rentals, Sunbelt Rentals and Caterpillar hold this contract currently (sic)? If so, do smaller suppliers have a reasonable chance to get in the award circle (sic)? 633 Answer 3: The current contract holders for RFP #062320, Equipment Rental and Related Services, are Altec Industries, Inc., Caterpillar Inc., Sunbelt Rentals, and United Rentals. Contract Awards for all Sourcewell contracts can be found at www.sourcewell‐mn.gov. Award(s) will be made to the highest‐scoring proposer(s) whose proposal conforms to all conditions and requirements of the RFP, and consistent with the award criteria defined in this RFP. Question 4: Considering the substantial effort involved in submitting, why is this just an annual contract as opposed to a multi‐year contract? Answer 4: Refer to section II., Article D. The term of any resulting contract(s) awarded by Sourcewell under this solicitation will be four years. Sourcewell and supplier may agree to up to three additional one‐year extensions based on the best interests of Sourcewell and its Participating Entities. Sourcewell retains the right to consider additional extensions beyond seven years as required under exceptional circumstances. Question 5: In order to benefit all Sourcewell members, we respectfully request that item “Q – Used Rental Equipment Sales” from category 2, also be added to category 3 to support these listed product offerings (sic)? Answer 5: If a proposer wishes to sell used rental equipment per 2. q., and something from Category 3, they could propose in Category 1. Selling any used rental equipment would fall under Category 2. Question 6: Can you acknowledge addenda after submission? Answer 6: Refer to RFP Article V. Section C. If an addendum is issued after a proposer submitted its proposal, the Sourcewell Procurement Portal will WITHDRAW the submission and change the proposer’s proposal status to INCOMPLETE. The proposer can view this status change in the “MY BIDS” section of the Sourcewell Procurement Portal Vendor Account. The proposer is solely responsible to check the “MY BIDS” section of the Sourcewell Procurement Portal Vendor Account periodically after submitting its proposal (and up to the Proposal Due Date). If the proposer’s proposal status has changed to INCOMPLETE, the proposer is solely responsible to: 634 i) make any required adjustments to its proposal; ii) acknowledge the addenda; and iii) ensure the re‐submitted proposal is received through the Sourcewell Procurement Portal no later than the Proposal Due Date and time shown in the Solicitation Schedule above. End of Addendum Acknowledgement of this Addendum to RFP 040924 posted to the Sourcewell Procurement Portal on 03/13/2024, is required at the time of proposal submittal. 635 636 City of Boynton Beach Agenda Item Request Form 7.F Consent Bids and Purchases 08/19/2025 Meeting Date: 08/19/2025 Proposed Resolution No. R25-224- Approve a Piggyback Agreement between the City of Boynton Beach and Advanced Roofing, Inc. utilizing Equalis Group Bid No. RFP-R10- 1166 for reroofing and installation services for the re-roofing of the Public Works Auxiliary Building in the amount of $212,094.55, plus a 10% contingency of $21,209.45, not to exceed $233,304. Requested Action: Staff recommends approval of Proposed Resolution No. R25-224. Explanation of Request: The Public Works Department requests Commission approval of a piggyback agreement between the City of Boynton Beach and Advanced Roofing, Inc. for the re-roofing of the Public Works Auxiliary Building at 909 NE 3rd Street. Formerly used as a Child Care Center, the building will be repurposed as the central hub for Public Works operations and the Park Rangers Division. The roof replacement is the first critical-path item required to retrofit the building for staff occupancy. The current roof is beyond its useful life, and replacement is essential to support the consolidation of departmental functions into one centralized facility, improving operational efficiency. Advanced Roofing, Inc. submitted a proposal under the Equalis Job Order Contracting vehicle (RFP-R10-1166), for an amount not to exceed $212,094.55, which includes all necessary permitting, materials, and labor. The contractor is fully insured and will provide a 20-year No Dollar Limit warranty on materials and labor, along with a 2-year contractor warranty. Although the City intends to utilize a piggyback contract for this purchase, the Procurement Division requested that the department obtain an additional quote to gauge current market conditions and validate pricing competitiveness. The pricing came back as follows: Advanced Roofing - $212,094.55 - PB Contract The Garland Company - $406,875.00 - Open Market Piggyback contracts significantly benefit the City of Boynton Beach by providing a cost- effective and efficient way to procure goods and services. By leveraging agreements already in place with other governmental entities, the City can avoid the time-consuming and expensive process of issuing its own competitive bids. This allows quicker access to needed 637 resources while often securing more favorable pricing due to the economies of scale achieved through larger contracts. Additionally, piggybacking ensures the City can tap into pre-vetted vendors who have already been thoroughly evaluated, reducing administrative burdens and risks associated with vendor selection. Ultimately, piggyback contracts streamline procurement, save taxpayer money, and improve the efficiency of City operations. How will this affect city programs or services? This project will enhance City services by enabling the relocation and consolidation of Public Works operations and Park Rangers into a single, modernized facility, improving interdepartmental coordination, increasing operational efficiency, and ensuring staff work in a safe, code-compliant environment. Account Line Item and Description: 302-4116-580-62-01 Buildings/Building Improvements $233,304.00 Fiscal Impact: Funding is available in the above-referenced account. Attachments: R25-224 Agenda_Item_3370- 2025_Resolution_for_Advanced_Roofing_Public_Works_Auxiliary_Building (1).docx Exhibit A to Resolution - Piggyback Agreement - Advanced Roofing Inc. - Final - Vendor Signed.pdf Exhibit A - Advanced Roofing.pdf Exhibit B - Child Care Center SOW RSMeans Updated.pdf SON - PW Roofing.pdf Advanced Roofing Inc - COI Exp 01-2026.pdf 638 RESOLUTION NO. R25-224 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, APPROVING A PIGGYBACK AGREEMENT BETWEEN 2 THE CITY AND ADVANCED ROOFING INC., FOR ROOFING REPAIR AND 3 INSTALLATION SERVICES AT THE PUBLIC WORKS AUXILIARY 4 BUILDING AT 909 NE 3RD STREET IN THE AMOUNT OF $212,094.55, 5 PLUS A 10% CONTINGENCY OF $21,209.45, NOT TO EXCEED 6 $233,304.00; AND FOR ALL OTHER PURPOSES. 7 8 9 WHEREAS, on March 29, 2024, Region 10 Education Service Center (Lead Agency) issued 10 a Request for Proposal (“RFP”), acting by and through Equalis Group, to establish a cooperative 11 purchasing agreement for Job Order Contracting services; and 12 WHEREAS, Region 10 Education Service Center and Equalis Group found Advanced 13 Roofing Inc., (“Vendor”) to be a responsive, responsible respondent, and awarded it a two (2) year 14 contract commencing July 1, 2024, and terminating June 30, 2026, with an option to extend the 15 contract for three (3) additional one (1) year terms, Contract No. R10-1166A, RFP No. R10-1166 16 (“Master Agreement”); and 17 WHEREAS, the City of Boynton Beach is registered as a Participating Public Agency in 18 Equalis Group’s cooperative purchasing program (Member ID: EG-0018493); and 19 WHEREAS, Equalis Group instituted a cooperative purchasing program under which 20 member Participating Public Agencies may reciprocally utilize competitively solicited Master 21 Agreements awarded by the Principal Procurement Agency; and 22 WHEREAS, the City’s Purchasing Policy Section X – Alternatives to Formal Sealed Bids, 23 provides authority for the City to acquire or contract for services without utilizing a sealed 24 competitive method or the written quotations methods where the desired services are the subject 25 of an agreement that utilizes another government entity’s contract, provided that the contract 26 was awarded based strictly on competitive bidding; and 27 WHEREAS, in order to repair the roofing at the Public Works Auxiliary Building at 909 NE 28 3rd Street, the City’s Public Works Department is requesting the City enter into a Piggyback 29 Agreement with the Vendor to provide roofing repair and installation services (“Services”); and 30 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 31 best interests of the City's citizens and residents to approve a Piggyback Agreement between the 32 639 RESOLUTION NO. R25-224 City and Advanced Roofing Inc., for roofing repair and installation services at the Public Works 33 Auxiliary Building at 909 NE 3rd Street in the amount of $212,094.55, plus a 10% contingency of 34 $21,209.45, not to exceed $233,304.00. 35 36 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 37 BEACH, FLORIDA, THAT: 38 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 39 being true and correct and are hereby made a specific part of this Resolution upon adoption. 40 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 41 approve a Piggyback Agreement between the City and Advanced Roofing Inc., for roofing repair 42 and installation services at the Public Works Auxiliary Building at 909 NE 3rd Street in the amount 43 of $212,094.55, plus a 10% contingency of $21,209.45, not to exceed $233,304.00 (the 44 “Agreement”), in form and substance similar to that attached as Exhibit A. 45 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 46 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any 47 ancillary documents required under the Agreement or necessary to accomplish the purposes of 48 the Agreement, including any term extensions as provided in the Agreement, provided such 49 documents do not modify the financial terms or material terms. 50 SECTION 4. The City Clerk shall retain the fully executed Agreement as a public record 51 of the City. A copy of the fully executed Agreement shall be provided to Maria Rozwadowski to 52 forward to the Vendor. 53 SECTION 5. This Resolution shall take effect in accordance with the law. 54 55 56 [SIGNATURES ON THE FOLLOWING PAGE] 57 58 640 RESOLUTION NO. R25-224 PASSED AND ADOPTED this ______________ day of ______________________________ 2025. 59 CITY OF BOYNTON BEACH, FLORIDA 60 YES NO 61 Mayor – Rebecca Shelton _____ _____ 62 63 Vice Mayor – Woodrow L. Hay _____ _____ 64 65 Commissioner – Angela Cruz _____ _____ 66 67 Commissioner – Thomas Turkin _____ _____ 68 69 Commissioner – Aimee Kelley _____ _____ 70 71 VOTE ______ 72 ATTEST: 73 74 _____________________________ ______________________________ 75 Maylee De Jesús, MPA, MMC Rebecca Shelton 76 City Clerk Mayor 77 78 APPROVED AS TO FORM: 79 (Corporate Seal) 80 81 _______________________________ 82 Shawna G. Lamb 83 City Attorney 84 641 Piggyback Contract – Advanced Roofing, Inc. 1 PIGGYBACK AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND ADVANCED ROOFING, INC. This Piggyback Agreement is made as of this __ day of _____________, 2025, by and between Advanced Roofing, Inc., a Florida corporation, with a principal address of 1950 NW 22nd Street, Fort Lauderdale, FL 33311, hereinafter referred to as “Vendor,” and the City of Boynton Beach, a municipal corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Avenue, Boynton Beach, Florida 33435, hereinafter referred to as “City.” RECITALS WHEREAS, on March 29, 2024, Region 10 Education Service Center (Lead Agency) issued a “Request for Proposal” (RFP), acting by and through Equalis Group to establish a cooperative purchasing agreement for Job Order Contracting services; and WHEREAS, Region 10 Education Service Center and Equalis Group found Advanced Roofing, Inc. (“Vendor”) to be a responsive, responsible respondent, and awarded it a two (2) year contract commencing July 1, 2024, and terminating June 30, 2026, with an option to extend the contract for three (3) additional one (1) year terms, Contract No. R10-1166A, RFP No. R10-1166 (“Master Agreement”); and WHEREAS, the City of Boynton Beach is registered as a Participating Public Agency in Equalis Group’s cooperative purchasing program (Member ID: EG-0018493); and WHEREAS, Equalis Group instituted a cooperative purchasing program under which member Participating Public Agencies may reciprocally utilize competitively solicited Master Agreements awarded by the Principal Procurement Agency, a copy of the Master Agreement is attached hereto as Exhibit “A”; 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 repair the roofing at the Child Care Center for the Public Works Department, the City’s Public Works Department is requesting the City enter into a Piggyback Agreement with the Vendor to provide roofing repair and installation services (“Services”); and WHEREAS, the City and Vendor have agreed to allow the City to piggyback the Master Agreement, a copy of which is attached as Exhibit “A.” 642 Piggyback Contract – Advanced Roofing, Inc. 2 NOW, THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT 1.The foregoing recitals are true and correct and are hereby incorporated in this Agreement. 2.TERM: The term of this Agreement commences on full execution by the parties and will remain in effect until June 30, 2026. The Agreement may be renewed for three (3) additional one-year terms. The Mayor is authorized to execute any renewal amendments. The initial term and any subsequent renewals of this Agreement are subject to the renewal or extension of the Master Agreement. If the Master Agreement expires or is terminated during the Term, this Agreement shall terminate no later than six months after such expiration or termination of the Master Agreement. 3.CONTRACT TERMS: The Vendor shall complete the Services on the same terms and in the same manner as set forth in the Master Agreement, except as otherwise provided herein. All recitals, representations, and warranties of Vendor made by Vendor in the Master Agreement are restated as if set forth fully herein, made for the benefit of the City, and incorporated herein, except that all references to the “Region 10 Education Service Center” are hereby replaced with the “City of Boynton Beach.” The City shall compensate the Vendor pursuant to the rates set forth in the Master Agreement for the Services in an amount not to exceed Two Hundred Twelve Thousand Ninety-Four Dollars and Fifty-Five Cents ($212,094.55) plus a 10% contingency of $21,209.46 for a total amount not to exceed $233,304.00. A copy of the Vendor’s estimates for the services is attached hereto as Exhibit “B” and incorporated herein by this reference. 4.NOTICES: All Notices to the City shall be in writing by certified mail return receipt requested, or customarily used overnight transmission with proof of delivery, sent to: City: Daniel Dugger, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 / Facsimile: (561) 742-6090 Copy: Shawna G. Lamb, City Attorney City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 / Facsimile: (561) 742-6090 5.INVOICES AND PAYMENT: Invoices must identify the PO number and should be mailed to: Boynton Beach Finance Department Attn: Accounts Payable P.O. Box 310 643 Piggyback Contract – Advanced Roofing, Inc. 3 Boynton Beach, FL 33425. Invoices shall show the nature of the service and dates(s) of service. Invoices based on hourly rates shall show the actual hours worked, person performing services, nature of the service, hourly rate, and dates(s) of service. Invoices may be submitted no more frequently than monthly. However, all services rendered prior to September 30th of any given year are required to be invoiced by September 30th of that year. Vendor shall provide W-9 with first invoice. The fee shall be paid based on receipt of a proper invoice in accordance with the invoice schedule indicated above. Payment will be made within 45 days of receipt of a proper invoice in accordance with the Local Government Prompt Payment Act, Section 218.70, et al., Florida Statutes. No payment made under this Agreement shall be conclusive evidence of the performance of this Agreement by Vendor, either wholly or in part, and no payment shall be construed to be an acceptance of or to relieve Vendor of liability for the defective, faulty, or incomplete rendition of the Services. 6.TAX EXEMPT: Prices applicable to City do not include applicable state and local sales, use, and related taxes. The City is exempt from state and local sales and use taxes and shall not be invoiced for the same. Upon request, City will provide Vendor with proof of tax- exempt status. 7.SOVEREIGN IMMUNITY: Nothing contained in this Agreement nor contained herein shall be considered nor construed to waive City’s rights and immunities under the common law or section 768.28, Florida Statutes, as may be amended. 8.ATTORNEY’S FEES: In the event that either Party brings suit for enforcement of the Agreement, each Party shall bear its own attorney's fees and court costs. 9.PUBLIC RECORDS: Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is a public agency subject to Chapter 119, Florida Statutes. The Vendor shall comply with Florida’s Public Records Law. Specifically, the Vendor shall: A.Keep and maintain public records required by the City to perform the service; B.Upon request from the City’s custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C.Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Vendor 644 Piggyback Contract – Advanced Roofing, Inc. 4 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. 12.DISPUTES: Any disputes that arise between the parties with respect to the performance of 645 Piggyback Contract – Advanced Roofing, Inc. 5 this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 13.EXECUTION OF THE AGREEMENT: This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts, which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes. Each person signing this Agreement on behalf of either Party individually warrants that he or she has full legal power to execute the Addendum on behalf of the Party for whom he or she is signing and to bind and obligate such Party with respect to all provisions contained in this Agreement 14.TERMINATION FOR CONVENIENCE: This Agreement may be terminated by the City for convenience upon fourteen (14) calendar days of written notice by the terminating party to the other party for such termination in which event the Vendor shall be paid its compensation for services performed to the termination date, including services reasonably related to termination. In the event that the Vendor abandons the Agreement or causes it to be terminated, the Vendor shall indemnify the City against loss pertaining to this termination. 15.TERMINATION FOR CAUSE: In addition to all other remedies available to City, this Agreement shall be subject to cancellation by City for cause, should Vendor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) calendar days’ after receipt by Vendor of written notice of such neglect or failure. 16.INDEMNIFICATION: Vendor shall indemnify and hold harmless the City, its elected and appointed officers, agents, assigns and employees, consultants, separate Vendors, any of their subcontractors, or sub-subcontractors, from and against claims, demands, or causes of action whatsoever, and the resulting losses, damages, costs, and expenses, including but not limited to attorneys’ fees, including paralegal expenses, liabilities, damages, orders, judgments, or decrees, sustained by the City arising out of or resulting from (A) Vendor’s performance or breach of Agreement, (B) acts or omissions, negligence, recklessness, or intentional wrongful conduct by Vendor’s, its agents, employees, subcontractors, participants, and volunteers, and (C) Vendor’s failure to take out and maintain insurance as required under this Agreement. Vendor’s shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits, or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys’ fees which may issue thereon. The obligations of this section shall survive indefinitely regardless of termination of the Agreement. 17.INSURANCE: At the time of execution of this Agreement, Vendor shall provide the City with a copy of its Certificate of Insurance reflecting the insurance coverage required by the Master Agreement. The Certificate of Insurance shall name the City of Boynton Beach, and its officers, employees and agents as an additional insured. 18.LIMITATION OF LIABILITY: Notwithstanding any provision of the Agreement to which it is applicable, City shall not be liable or responsible to Vendor beyond the amount remaining due to Vendor under the Agreement, regardless of whether said liability be based in tort, contract, indemnity or otherwise; and in no event shall City be liable to Vendor for 646 Piggyback Contract – Advanced Roofing, Inc. 6 punitive or exemplary damages or for lost profits or consequential damages. 19.NO SPECIAL DAMAGES. In no event shall either Party be liable to the other for any special damages, speculative damages, indirect, special, incidental, consequential, loss of profits, or other damages or losses of any kind whatsoever, no matter what the cause. 20.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. 21.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. 22.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. 23.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. 24.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. 25.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. 26.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 647 Piggyback Contract – Advanced Roofing, Inc. 7 for labor or services, in accordance with Section 787.06(13), Florida Statutes. Signature Page to follow 648 Piggyback Contract – Advanced Roofing, Inc. 8 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY OF BOYNTON BEACH, FLORIDA ADVANCED ROOFING, INC. _________________________________ ________________________________ Rebecca Shelton, Mayor Approved as to Form: __________________________________ (Signature) ________________________________ 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 649 Piggyback Contract – Advanced Roofing, Inc. 9 EXHIBIT “A” AGREEMENT BETWEEN REGION 10 EDUCATION SERVICE CENTER AND ADVANCED ROOFING, INC. 650 Piggyback Contract – Advanced Roofing, Inc. 10 EXHIBIT “B” VENDORS PROPOSAL 651 Page 1 of 21 eg REQUEST FOR PROPOSAL #R10-1166 FOR: Job Order Contracting March 28, 2024 Section One: Part A – Introduction & Scope Part B – Instructions to Respondents 652 Page 2 of 21 SECTION ONE: PART A – INTRODUCTION AND SCOPE ............................................................................................... 6 1. BACKGROUND ON REGION 10 EDUCATION SERVICE CENTER ................................................................. 6 2. ROLE OF THE EQUALIS GROUP ....................................................................................................................................... 6 3. CUSTOMER SERVICE ............................................................................................................................................................... 6 4. PRODUCTS AND SERVICES COVERED (SCOPE) .................................................................................................. 6 5. PRICING .......................................................................................................................................................................................... 12 SECTION ONE: PART B – INSTRUCTION TO RESPONDENTS AND AWARD PROCESS ........................... 14 6. SUBMISSION FORMAT AND COMMUNICATION .................................................................................................. 14 7. ADDENDA ...................................................................................................................................................................................... 16 8. CALENDAR OF EVENTS ........................................................................................................................................................ 16 9. CONDITIONS OF SUBMITTING PROPOSALS .......................................................................................................... 16 10. AWARD PROCESS .................................................................................................................................................................... 18 11. TAXES ............................................................................................................................................................................................... 20 12. PROTEST OF NON-AWARD .............................................................................................................................................. 20 13. NON-COLLUSION, EMPLOYMENT AND SERVICES ............................................................................................ 21 14. LIMITATION OF LIABILITY .................................................................................................................................................... 21 653 Page 3 of 21 REQUEST FOR PROPOSAL FOR Job Order Contracting EDUCATION SERVICE CENTER, REGION 10 400 E Spring Valley Rd Richardson, TX 75081 Telephone: (972) 348-1184 Publication date 03/28/2024 Product or service Job Order Contracting RFP # R10-1166 Proposal due date 04/26/2024 Proposal submittal location https://region10.bonfirehub.com/portal/?tab=login Principle contract officer Mr. Clint Pechacek Purchasing Consultant Public opening location Region 10 ESC 400 E. Spring Valley Rd. Richardson, TX 75081 Education Service Center, Region 10 (“Region 10 ESC”) is seeking proposals on behalf of itself and the national Equalis membership for the procurement of Job Order Contracting. Responses will be accepted until April 26, 2024 at 2:00 PM. All times are Central Standard Time. The public bid opening will be held via Teams meeting. Interested parties who wish to attend the bid opening should email Clint Pechacek at clint.pechacek@region10.org at least 24 hours before the deadline for submissions to receive an invitation. The bid opening will begin at 2:00 pm Central Time on April 26, 2024 after all submissions have been received. In general, cooperative members will reference this RFP when purchasing or “piggybacking” on a contract awarded from this procurement process. Region 10 ESC will not charge a fee to public agencies for participation in the purchasing cooperative. Faxed, emailed, or mailed responses will not be considered. By submitting a response, responder certifies to the best of his/her knowledge that all information is true and correct. All proposals must be submitted electronically on the forms provided as directed in the Bonfire procurement application. Scanned submissions are acceptable where PDF files are requested. Only responses received by the date and time specified will be considered. PRICE, QUALITY, AND SUITABILITY: It is not the policy of Region 10 ESC to purchase services solely on the basis of low price alone; quality and suitability to purpose are taken into consideration. The Region 10 ESC Board of Directors may approve awarding this proposal to one or more vendors. Region 10 reserves the right to reject all proposals if it determines in its sole discretion that a reasonable basis exists for doing so. Consideration for an exclusive award to a single supplier will be given for vendors who respond with value that separates the vendor from other respondents within the competitive range. Vendors who do not submit a signed contract signature page will be eliminated from consideration. 654 Page 4 of 21 This RFP consists of three sections and one Excel attachment: Section One: • Part A – Introduction and Scope • Part B – Instruction to Respondents and Award Process Section Two: • Proposal Submission and Required Forms Section Three: • Part A – Vendor Contract and General Terms and Conditions • Attachment A – Equalis Group Administrative Agreement • Attachment C – State Notices Attachment B • Pricing (The rest of this page is intentionally left blank) 655 Page 5 of 21 MASTER AGREEMENT The purpose of Region 10 ESC soliciting this Request for Proposal is to create a Master Agreement for Job Order Contracting for use by public agencies supported under this contract (“Members”). Region 10 ESC, as the Lead Agency (as defined in Section Three; Attachment A, Equalis Group Administrative Agreement), has come together with Equalis Group to make the resultant contract (also known as the “Master Agreement”) from this Request for Proposal available to other public agencies, including county, city, state, special district, local government, school district, private K-12 school, higher education institution, other government agency or non-profit organization (“Public Agencies”), for the public benefit through the Equalis Group’s cooperative purchasing program. Region 10 ESC will serve as the contracting agency for any other Public Agency that elects to access the resulting Master Agreement. This process may be referred to as “piggybacking”, “cooperative purchasing”, “joint powers”, or other terminology depending on the specific state or agency location. The use of the Master Agreement by any Public Agency is preceded by its registration with Equalis Group as a Participating Public Agency in Equalis Group’s cooperative purchasing program, and by using the Master Agreement, any such Public Agency agrees that it is registered with Equalis Group, whether pursuant to the terms of a Master Intergovernmental Purchasing Cooperative Agreement, which can be accessed at https://equalisgroup.org/member-registration/, or as otherwise agreed to. . Attachment A contains additional information on Equalis Group and the cooperative purchasing program. Equalis Group provides marketing and administrative support for the awarded vendor (“Supplier”) that promotes the successful vendors’ products and services to the Participating Public Agencies nationwide. Participating Public Agencies benefit from pricing based on aggregate spending and the convenience of a contract that has already been advertised and competitively awarded. The Supplier benefits from a contract that allows Participating Public Agencies to directly purchase goods and services without the Supplier’s need to respond to multiple competitive solicitations. (The rest of this page is intentionally left blank) 656 Page 6 of 21 SECTION ONE: PART A – INTRODUCTION AND SCOPE 1. BACKGROUND ON REGION 10 EDUCATION SERVICE CENTER 1.1. Region 10 Education Service Center (“Region 10 ESC” herein “Lead Agency”) on behalf of itself and, potentially, to all other public agencies, including county, city, state, special district, local government, school district, private K-12 school, higher education institution, other government agency or non-profit organization (“Public Agencies”) solicits proposals from qualified Respondents to enter into a Vendor Contract (“Contract”) for the goods or services solicited in this invitation. 1.2. Contracts are approved and awarded by a single governmental entity, Region 10 ESC, and are only available for use and benefit of all entities complying with their respective state procurement laws and regulations (public and private schools, colleges and universities, cities, counties, non-profits, and all governmental entities). 1.3. The mission of Region 10 is to be a trusted, student-focused partner that serves the learning community through responsive, innovative educational solutions. It is Region 10’s intent to: • Provide governmental and public entities opportunities for greater efficiency and economy in procuring goods and services. • Take advantage of state-of-the-art purchasing procedures to ensure the most competitive contracts. • Provide competitive price and bulk purchasing for multiple government or public agencies that yields economic benefits unobtainable by the individual entity. • Provide quick and efficient delivery of goods and services. • Equalize purchasing power for smaller agencies that are unable to command the best contracts for themselves. • Help in assisting customers with use of best business practices. 2. ROLE OF THE EQUALIS GROUP 2.1. Equalis Group assists Region 10 ESC in helping other public agencies and non- profits reap the benefits of national leveraged pricing, with no cost to the Member. Equalis Group leverages one of the largest pools of purchasing potential. This is accomplished by competitively soliciting proposals and awarding contracts for commonly purchased products and services. 3. CUSTOMER SERVICE 3.1. Region 10 ESC is dedicated to making its contracts successful for both its members and its awarded vendors. 3.2. Region 10 ESC is committed to providing its members and awarded vendors with high quality service. 3.3. Region 10 ESC has dedicated staff available to answer questions, offer guidance and help in any way possible. 4. PRODUCTS AND SERVICES COVERED (SCOPE) 657 Page 7 of 21 4.1. It is the intention of Region 10 ESC to establish a contract with Respondent(s) for a complete and comprehensive offering of Job Order Contracting. Such offerings include but are not limited to the furnishing of all labor, materials, equipment, and supervision for maintenance, repair, alteration, renovation, remediation or minor construction of Region 10 ESC and Participating Public Agencies through the Job Order Contracting Services. Minor construction may include the demolition and/or construction within an existing facility and limited pre-construction design services (i.e. professional services). Project Delivery Order Procedures The participating public agency may make a request of the contractor under this contract when the agency has services that need to be undertaken. Notification may occur via phone, the web, e-mail, fax, or in person. Upon notification of a pending request, the contractor shall make contact with the agency as soon as possible. Contractor shall visit the agenc y site and conduct a walk- through/project scoping with the agency representative to define the scope. Contractor’s representative shall perform due diligence to request and gather all available project relevant existing conditions and record documents from the agency to include, but not limited to, hazardous materials surveys and other relevant documents. The contractor and the participating public agency will agree on the time when the job order proposal will need to be reviewed for approval by the agency. The contractor will then prepare a job order proposal including a written scope of work using an automated software system that will provide a line item estimate of the individual tasks, the quantities, the city cost index, the bid coefficient, and any applicable cost additions agreed upon by the participating public agency. Contractors will be required to submit Job Order proposals and shall provide a line item estimate based upon their coefficient and the unit price book (UPB) for that scope of work which must be reviewed and agreed to by the participating public agency prior to their issuance of a PO and DO. Minimal design work should be covered in the contractor’s applicable coefficient, and this design work shall use in house staff or a teamed sub - consultant. In all cases where significant design changes occur, the A/E selection shall conform and be based upon qualifications of the design personnel according to applicable state law for selection and negotiation of fees. The agency may select an architectural consultant or use their own design capabilities providing the plans to the contractor. The line items taken from the UPB and the estimated quantities totaled will be modified with the application of the city cost index and the contractor’s coefficient. Any other cost adjustment factors, as allowed, must clearly identify those individual tasks (line items) to which they are applicable and include corresponding percentage. The participating public agency will then review the proposal and if the agency’s representative is in agreement with the proposed pricing and schedule, then other terms and requirements of the job order will be issued that will contain the approved job order proposal (scope of work) and the Purchase Order (PO). The PO will include th e lump sum price, start date, schedule and notice to proceed and will be signed by both parties as a lump sum fixed price contract. 658 Page 8 of 21 In the event of an emergency such as hurricanes, tornados, flooding, or fire, the contractor will endeavor to meet with the agency within two hours (if possible), expediting these procedures with verbal job orders and a signed field book by the agency’s designated agent. Work may commence immediately as required; however, documentation must be provided as soon as possible for this work or for any additional long-term job order requirements. Terms and Conditions for Job Order Contracting (JOC) Installation: Equipment and/or product installation shall be performed in a reasonable amount of time and be scheduled directly with the public agency. Installation shall be in accordance with the manufacturer's instructions and shall be accomplished by a skilled, certified and properly licensed individual. HUBs, MWBE’s and SBEs: Region 10 ESC encourages the use of HUBs, MWBEs and SBEs both as prime and subcontractors. However, all subcontractors must meet the same minimum standards and requirements as the prime contractor. It will be the responsibility of the prime contractor to pre-qualify their subcontractors. Public agency may have goals for subcontracting requirements and will require Buyer Delays: The prime contractor will negotiate with the public agency for the recovery of damages related to expenses incurred by the contractor for a delay for which the public agency is responsible, which is unreasonable, and which was not within the contemplation of the parties to the contract between the two parties. Compensation for received goods, terms of progress payments, and a schedule of payments should be described in the contract. Construction Contract Requirement: Terms for acceptance by the public agency and title to work must be clearly agreed upon and described in the contract between the contractor and the public agency. If any part of the construction requires the owner to assume control before the completion, this needs to be defined. Both parties must agree on the definition of what constitutes final acceptance before payment of any retained compensation. Upon completion of the project, the worksite shall be left in good condition and equal to the condition of the site prior to commencing the project. If any work is to be performed by the public agency, it must be clearly defined and agreed to by the public agency and the prime contractor prior to the start of the project. Construction Schedule: The public agency retains the right to extend the schedule of work or to suspend the work and direct the prime contractor to resume work when appropriate. The agreement must describe an equitable adjustment for added costs caused by any delay or suspensio n. Any increases will be invoiced as allowed in this agreement. The schedule for performance of work that can be met without planned overtime is the responsibility of the prime contractor. The cost for each project shall include all costs of all necessary trained personnel to complete the project on or before the completion date set forth in the contract. The public agency shall not incur additional expense for upsized crews or overtime costs, which might be necessary for the contractor to complete the project on schedule. 659 Page 9 of 21 Coordination: The contractor and the public agency shall coordinate activities so as to avoid conflicts. The contractor will make every effort not to interrupt scheduled activities with work under this contract. The contractor will notify the public agency of any construction work that may negatively impact scheduled public agency activities. The contractor shall employ such methods or means as will not cause any interruption of, or interference with work of any other contractor on the project site. Condition and Delivery of Construction Material: The prime contractor will deliver materials to the worksite in new, dry, unopened, and well- marked containers showing product and prime contractor's name clearly marked. Delivery of damaged or unlabeled materials will not be accepted. The prime contractor will deliver materials in sufficient quantity to allow for continuity of work. Delivery will be coordinated with the public agency's designated contact person. The contractor shall take all necessary precautions to protect materials from damage, theft and misuse. The public agency shall have no responsibility for such precautions or lack of protection. Damaged or rejected materials shall be immediately removed from the project area. Insurance: The contractor at their expense and included as part of overhead will provide adequate insurance coverage meeting at a minimum the requirements of the State of Texas or another applicable jurisdiction. The contractor, if awarded a contract, will provide within 14 days but prior to the commencement of any construction, a certificate of insurance showing that Region 10 ESC, Equalis Group and its agents have been named as additional insured. If the public agency has higher insurance than those requi rements may be added as an addendum to the purchase order. Certificates of Insurance: Certificates of Insurance, name and address of Vendor, the limits of liability, the effective dates of each policy and policy number shall be delivered to the participating agency prior to commencement of work. The insurance company shall be licensed in t he state in which the work is being performed under this contract. The Vendor shall give the public agency a minimum of ten (10) days' notice prior to any modifications or cancellation of policies. The vendor will add the public a gency as an additional insured if requested at the cost of the vendor. Contractor's Liability Insurance Minimum Coverage Employer's Worker’s Compensation insurance: Statutory Employer's liability / Bodily injury by accident Each Occurrence: $100,000.00 Employer's liability / Bodily injury by disease Each Employee: $100,000.00 Policy Limit: $2,000,000.00 Commercial General Liability: Includes Independent Contractor's Liability; Contingent Liability; Contractual Liability; Completed Operations and Products Liability, all on the occurrence basis, with Personal Injury Coverage, Owner's Indemnity, and broad form Property Damage without the XCU exclusions. 660 Page 10 of 21 Maintain Completed Operation Liability for at least two years after the date of final completion. Combined limits of bodily and personal injury and property damage: Minimum Coverage Single limit $500,000.00 Unimpaired aggregate $500,000.00 Comprehensive automobile liability: Minimum Coverage Include non-ownership and hired car coverage as well as owned vehicles. Bodily damage Each Person $250,000.00 Bodily damage Each Occurrence $500,000.00 Property damage Each Occurrence $250,000.00 Labor Practices: The prime contractor must agree to treat its labor in keeping with the labor contract agreement and to the best interest of the public agency. Any overtime practices or retroactive agreements with labor unions that would be to the detriment of the public agency must be limited to only those approved by the public agency. The method and manner of performance must be stated: employees of the prime contractor are not employees of the public agency. The level of competency of the personnel will be subject to approval by the public agency. The prime contractor must agree to comply with all local, state and federal laws. Prime contractor must make every effort to ensure that adjoining property owners are in no way disturbed by noise, pollutants, material hauling operations. Prime contractor must establish procedures to deal with fire, theft, and storm damage. Prime contractor must test and establish effective methods to guarantee safety on the job site relating to the health and welfare of the public agency's employees. Public agency shall have the right to require prime contractor to remove from the project, any employee or representative, subcontractor or supplier that may be deemed incompetent, careless or unacceptable To ensure quality of workmanship, all work performed under this contract shall be performed by experienced, trained, certified and/or licensed craftsmen and laborers, and shall be under the supervision of the foremen or supervisor. Prime contractor shall furnish the services of an experienced foreman or supervisor who will continually oversee work on the project. The foreman or supervisor shall provide continuous supervision, coordination and inspection of the work being performed under this contract. Project Completion: Upon completion of the work, the contractor shall present the public agency with all documents necessary to close out the project. Maintenance manuals, drawings, warranties on installed equipment, etc. shall be given to the public agency. If the public agency discovers an unfinished job that should have been completed, even if final payments are made, the contractor will complete the work in a timely fashion at no additional cost. 661 Page 11 of 21 Public Works: The contractor shall be responsible for the preservation of all public and private property included on or adjacent to the worksite. The requirement shall apply to the surface and hidden features of the property. Construction work on public buildings shall be in compliance with all currently applicable state and local building, plumbing, electrical, fire, fire prevention and mechanical codes. Restoration: The contractor shall agree to repair, rebuild or otherwise restore any property on or adjacent to the worksite that was damaged during the course of work on the project. Such restoration shall be at the contractor's expense and is not subject to reimbursement by the public agency. Retention: Retention payments will be governed by any applicable state and local laws in the area where work is being performed, and by any supplemental agreement made between the public agency and the contractor. If the public agency and the prime contractor agree to a substitute security, the agreement must be in full compliance with any applicable state and local laws. If a substitute security is agreed to, the prime contractor must provide the public agency with a signed and acknowledged waiver of any right or power of the obligor to set off any claim against the public agency. Rules, Regulations & Codes: All work will be accomplished in conformance to OSHA safety requirements, and any additional federal, state, or local fire or safety requirements. When specifications or scope of work will result in a violation of a code or result in an unsafe condition, the contractor must inform the public agency of the situation. The contractor will not construct any device or produce any condition that intentionally violates a fire or safety code or standard. Contractor must advise the public agency whenever work is expected to be hazardous to public agency employees or their charges (i.e. school children, citizens, etc.). Worksite: The condition of the site before start-up will be agreed upon between the buyer and the prime contractor and will be written into the contract. Upon prior written agreement between the prime contractor and the public agency, payment may be made for materials not incorporated in the work but delivered and suitably stored at the worksite or some other location, for installation at a later date. An inventory of the stored materials must be provided to the public agency prior to payment. Such materials must be stored and protected in a secure location and be insured for their full value by the contractor against loss and damage. Contractor agrees to provide proof of coverage and/or addition of the public agency as an additional insured upon the public agency’s request. Additionally, if stored offsite, the materials must also be clearly identified as property of the public agency and be separated from other materials. The public agency must be allowed reasonable opportunity to inspect and take inventory of stored materials, on or offsite, as necessary. Until final acceptance by the public agency, it shall be the contractor's responsibility to protect all materials and equipment. The contractor warrants and guarantees that title for all work, materials and equipment shall pass to 662 Page 12 of 21 the public agency upon final acceptance. Payment for stored materials shall not constitute final acceptance of such materials. Architect and Engineer Plan: The contractor should describe in its business plan how it will include and work with local subcontractors and how it will work with local architects and engineers, especially those A&E firms already working with the public agency. Architect and engineering services are not being requested in this RFP and will be rejected by Region 10 ESC if offered in the State of Texas. Design Requirements and Permits: The proposal coefficient should provide reasonable oversight for engineering and architectural (A&E) design to meet both local and state requirements. The contractor should expect as part of its coefficient those services that are required to obtain building permits and meet local and state standards for design and oversight. Services may be provided via its own staff, subcontractor, or working with the public agenc y’s managers, architects and engineers wherever such profess ional architectural and engineering services are required. The contractor may pay for the engineer or architectural services with the public agency’s concurrence. However, selection for engineering or architectural services shall be in accordance with state statutes. Micro Estimating: In estimating delivery orders the contractor shall endeavor not to micro estimate line items. Micro estimating is the intentional breaking down of projects into their smallest components when a single line item or two would suffice. An example would be the need to replace a door and it is obvious that a pre-hung door and frame would be the fastest and cheapest route to use. Instead of the single line item defining the pre-hung door the estimator breaks down this portion of the job into ind ividual line items such as door frame, hinges and screws which will unnecessarily drive up the cost to the public agency. This should be avoided and will be looked for during price verification. UPB Division Exceptions: Region 10 ESC and public agencies retain the right to designate sections of the Unit Price Book as unacceptable for use. It shall be the public agency's responsibility to identify any such designations in writing to the contractor before any work commences. 4.2. National Scope: This RFP will be used to establish cooperative contract(s) that will be made available to the national Equalis membership in all 50 states. Respondents are not required to provide national coverage in order to be considered for award: Region 10 ESC may award multiple local and/or regional vendors to cover as much of the national membership as possible. 5. PRICING 5.1. Attachment B: All pricing must be entered into the Attachment B template provided. Products/lines completed will be used to establish the extent of the Respondents product lines, services, warranties, etc. that are available. All services offered under this contract must be priced or listed as free and unlisted services will not be accepted. Respondents have the option to propose pricing in all or any of the following. 663 Page 13 of 21 5.2. Auditable Pricing. It is the responsibility of the Respondent to provide a complete Cost Proposal that includes pricing based on a verifiable pricing methodology for all products and/or services to be considered for award. Region 10 ESC requires the use of a unit pricing model and the unit price book (UPB) Region 10 ESC prefers is the RS Means price book. Pricing must be submitted as a coefficient of the Unit Price Book’s line item prices. The RS Means price book published quarterly updates will be allowed if available. In addition to the coefficient, the published City Cost Index from the RS Means price book will be utilized as a modifier for the specific city or region. Proposers are welcome to submit a proposal regionally or statewide providing a matrix that address the following: • Coefficients Regular Hours – the priced coefficients for each State, Region or City outlined below that you are willing to work in shall be listed for regular hours * (State your regular hours spanning from A.M. to P.M.) • Coefficient After Hours – the priced coefficient for weekends, holidays and hours outside of regular hours. o Recognized holidays include: New Year’s Day, Martin Luther King, Jr. Day, Presidents Day, Memorial Day, Independence Day, labor Day, General Election Day, Veterans Day, Thanksgiving Day and Friday after, Christmas Eve and Christmas Day and New Year’s Eve. • The coefficient must be rounded to the nearest second decimal place, e.g. .352 would be rounded to .35. Non-pre-priced Items: Items that are not found in the RS Means unit price book will be listed as “non-pre-priced.” This does not include previously discussed minor design costs. The contractor will provide three firm price quotes to establish the average base cost for each item. The contractor’s coefficient will then be applied to determine the price and the city cost index will not be applied. This line item will need to be approved by the public agency. Once approved, the item will be added to the price book for future projects and no longer is non-pre-priced. • Other Restrictions and Fees: All other fees or restrictions must be provided. Examples such as minimum order sizes, restocking fees, and/or any other relevant fee or restriction that may be associated with this contract. Fees or restrictions not listed will not be allowed under this contract. 5.3. Not to Exceed Pricing: Region 10 ESC requests pricing be submitted as not to exceed for any participating entity. Unlike fixed pricing, the awarded vendor can adjust submitted pricing lower if needed, but cannot exceed original pricing submitted for solicitation. Vendor must allow for lower pricing to be available for similar product and service purchases. 5.4. Administrative Fees. Pricing provided shall include the administrative fee paid to Equalis Group. 5.5. Cost Plus Pricing is not acceptable as the primary pricing methodology for the solutions provided in your Cost Proposal. Cost Plus can be defined as adding a markup to the cost of goods or services to arrive at a selling price. Using this pricing methodology is not accepted by Members using Federal Grant Funds to purchase the products or services offered. (The remainder of this page is intentionally left blank) 664 Page 14 of 21 SECTION ONE: PART B – INSTRUCTION TO RESPONDENTS AND AWARD PROCESS 6. SUBMISSION FORMAT AND COMMUNICATION 6.1. It is the responsibility of the vendor to make certain that the company submitting a proposal, along with appropriate contact information, is on file with Region 10 ESC for the purpose of receiving addenda. 6.2. Response Submission: All responses must be submitted electronically as directed in the Bonfire procurement application. Scanned submissions are acceptable where PDF files are requested. Responses received outside the Bonfire procurement application will not be accepted. 6.2..1. Responses may be rejected for failure to comply with the requirements set forth in this invitation. Region 10 ESC reserves the right to cancel solicitation, reject any or all proposals, to accept any proposal deemed most advantageous to the Members and to waive any informality in the proposal process. Respondents are responsible for making certain proposals are submitted in the Bonfire portal completed by the deadline. Region 10 ESC is not responsible for technical difficulties encountered when uploading the response and will not accept proposals or additions to received proposals after the specified deadline. All information submitted must be readable in the Bonfire application or Microsoft Excel in order to be considered. 6.2..2. Deviations from any terms, conditions and/or specifications must be conspicuously noted in writing by the Respondent and shall be included with the response. (See Section Two, Proposal Form #19 ). 6.3. Proposal Format: The electronic narrative portion and the materials presented in response to this Request for Proposal should be submitted in the same order as requested. Responses should be consolidated into one PDF file for the RFP response and one Excel file for the Pricing Attachment response. No links, embedded files, or alternative formats (such as Adobe Portfolio attachments) are allowed except where specifically requested in the RFP. Any information that is not readable in the Bonfire PDF viewer or in the Excel pricing file will not be considered by the evaluation committee. 6.4. Time for receiving proposals: Proposals received prior to the submittal deadline will be kept secure and unopened. No proposals submitted after the submittal time and deadline will be considered. 6.5. Inquiries and/or discrepancies: Questions regarding this solicitation must be submitted in the Bonfire procurement application. All questions and answers will be posted to the Bonfire procurement application. Respondents are responsible for viewing the Bonfire procurement application to review all questions and answers prior to submitting proposals. Please note that oral communications concerning this RFP shall not be binding and shall in no way excuse the responsive Respondent of the obligations set forth in this invitation. 665 Page 15 of 21 6.6. Restricted and Prohibited Communications with Region 10 ESC and Equalis Group: During the period between the date Region 10 ESC issues this RFP and the selection of the vendor who is awarded a contract by Region 10 ESC, if any, Respondents shall restrict all contact with Region 10 ESC and Equalis Group, and direct all questions regarding this RFP, including questions regarding terms and conditions, only to the Bonfire procurement application in the specified manner. Do not contact members of the Board of Directors, other employees of Region 10 ESC, any of Region 10 ESC’s agents or administrators or Equalis Group employees. Contact with any of these prohibited individuals after issuance of this RFP and before selection is made, may result in disqualification of the Respondent. 6.6..1. The communications prohibition shall terminate when the contract is recommended by the administration, considered by the Board of Directors at a noticed public meeting, and a contract has been awarded. In the event the Board of Directors refers the recommendation back to staff for reconsideration, the communications prohibition shall be re-imposed. Additionally, during the time period between the award by the Board of Directors and the execution of the contract, Respondents shall not engage in any prohibited communications as described in this section. 6.6..2. Prohibited communications include direct contact, discussion, or promotion of any Respondent’s response with any member of Region 10 ESC’s Board of Directors or employees except for communications with Region 10 ESC’s designated representative as set forth in this RFP and only in the course of inquiries, briefings, interviews, or presentations. This prohibition is intended to create a level playing field for all potential Respondents, to assure that decisions are made in public, and to protect the integrity of the RFP process. Except as provided in the above stated exceptions, the following communications regarding a particular invitation for bids, requests for proposal, requests for qualifications, or other solicitation are prohibited: • Communications between a potential vendor, service provider, Respondent, offeror, lobbyist or consultant and any member of Region 10 ESC’s Board of Directors; • Communications between any director and any member of a selection or evaluation committee; and • Communications between any director and administrator or employee. 6.6..3. The communications prohibition shall not apply to the following: • Communications with Region 10 ESC’s purchasing agent specifically named and authorized to conduct and receive such communications under this RFP or upon the request of Region 10 ESC, with Region 10 ESC’s legal counsel; and • Presentations made to the Board of Directors during any duly noticed public meeting at which the solicitation is under consideration and the Vendor has been invited to present to the Board 666 Page 16 of 21 6.6..4. Nothing contained herein shall prohibit any person or entity from publicly addressing Region 10 ESC’s Board of Directors during any duly noticed public meeting, in accordance with applicable Board policies, on a matter other than this RFP, or in connection with a presentation requested by Region 10 ESC’s representatives. Communication with any employee of Equalis Group 7. ADDENDA 7.1. If required, will be issued by Region 10 ESC to all those known to have received a complete set of Proposal documents. The vendor shall acknowledge on the Signature Form the number of addenda received. 8. CALENDAR OF EVENTS Event Date: Issue RFP 03/28/2024 Deadline for questions 04/18/2024 Issue Addendum/a (if required) 04/19/2024 Proposal Due Date 04/26/2024 Approval from Region 10 ESC 06/19/2024 Contract Effective Date 07/01/2024 9. CONDITIONS OF SUBMITTING PROPOSALS 9.1. Amendment of Proposal: A proposal may be amended up to the time of opening by amending the proposal submitted in the Bonfire procurement application. 9.2. Withdrawal of proposals: Withdrawal of proposals prior to the opening date will be permitted. Withdrawal of proposal will not be allowed for a period of 120 days following the opening. Pricing will remain firm for 120 days from submittal. However, consideration may be given in cases where Respondent advises that it made a clerical error that is substantially lower than it intended. In such case, Respondent must provide written notice of their desire to withdraw, along with supporting documents, within three (3) business days of receiving the acceptance letter. Any contracts entered into prior to Region 10 ESC receiving notice must be honored. • No Respondent should assume that their withdrawal request has been accepted unless, and until, they receive written acknowledgment and acceptance of their proposal withdrawal. 9.3. Clarifications: Region 10 ESC may, by written request, ask a Respondent for additional information or clarification after review of the proposals received for the sole purpose of eliminating minor irregularities, informalities, or apparent clerical mistakes in the proposal. Clarification does not give Respondent an opportunity to revise or modify its proposal, except to the extent that correction of apparent clerical mistakes results in a revision. Region 10 ESC will not assist Respondent in bringing its proposal up to the level of other proposals through discussions. Region 10 ESC will not indicate to Respondent a cost or price that it must meet to either obtain further 667 Page 17 of 21 consideration nor will it provide any information about other Respondents’ proposals or prices. 9.4. Best and Final Offer: Region 10 ESC, in its sole discretion, may request all Offerors in the competitive range to submit a Best and Final Offer. Offerors must submit their Best and Final Offers in writing. If an Offeror does not respond to the request for a Best and Final Offer, that Offeror’s most recent prior offer will be considered to be its Best and Final Offer. 9.5. Specifications: When a solicitation contains a specification that states no substitutions, no deviation from this requirement will be permitted. Respondent must comply with the true intent of the specifications and drawings and not take advantage of any unintentional error or omission. In cases where no type and kind of product is specified, Region 10 ESC specifications have been developed to indicate minimal standards as to the usage, materials, and contents based on the needs of the members. • References to manufacturer’s specifications (Design Guides), when used by Region 10 ESC, are to be considered informative to give the Respondent information as to the general style, type and kind requested. Responses proposing goods, materials or equipment regularly produced by a reputable manufacturer shall be evaluated by Region 10 ESC which will, in its sole discretion, determine whether such proposed goods, materials or equipment are substantially equivalent to the Design Guides, considering quality, workmanship, economy of operation, and suitability for the purpose intended. Respondents should include all documentation required to evaluate whether or not their proposed goods, materials or equipment are substantially equivalent to the Design Guides. 9.6. Quality of Materials or Services: Respondent shall state the brand name and number of the materials being provided. If none is indicated, then it is understood that the Respondent is quoting on the exact brand name and number specified or mentioned in the solicitation. • However, unless specifically stated otherwise and in accordance with purchasing laws and regulations, comparable substitutions will be permitted in cases where the material is equal to that specified, considering quality, workmanship, economy of operation and suitability for the purpose intended. 9.7. Deviations and Exceptions: Deviations or exceptions stipulated in response may result in disqualification. It is the intent of Region 10 ESC to award a manufacturer’s complete line of products, when possible. 9.8. Formation of Contract: A response to this solicitation is an offer to contract with Region 10 ESC based upon the terms, conditions, scope of work, and specifications contained in this request. A solicitation does not become a contract until it is awarded by Region 10 ESC. A contract is formed when Region 10 ESC’s board or designee signs the Vendor Contract Signature Form. The prospective vendor must submit a signed Vendor Signature Form with the response, thus eliminating the need for a formal signing process. 9.9. Estimated Quantities: Region 10 ESC anticipates that a substantial number of participating members will enter into contracts resulting from this solicitation; however, Region 10 ESC makes no guarantee or commitment of any kind concerning quantities or usage of contracts resulting from this 668 Page 18 of 21 solicitation. The annual volume for this contract is estimated to be over $50 million annually by year three (3) of the contract. This information is provided solely as an aid to contract vendors in preparing proposals only, and performance will be determined by other factors such as awarded supplier’s competitiveness, and overall performance and support of the contract. The successful Vendor(s) discount and pricing schedule shall apply regardless of the volume of business under the contract. The maximum aggregate contract price is $50,000,000.00 and will be the amount allocated to Region 10 ESC’s Job Order Contracting Services; each Participating Public Agency shall have a separate maximum aggregate contract price of $50,000,000.00. There is no guarantee that this amount will be distributed on a proportionate basis between the selected Contr actors; there is no guarantee of the number of orders or the dollar value of the orders. All orders that will be issued under this contract are unspecified at the time of bidding. orders issued under this contract may be in response to an emergency or disaster recovery situation and eligible for federal funding; orders issued in response to an emergency or disaster recovery situation are subject to and must comply with all federal requirements applicable to the funding including, but not limited to, the Special Conditions section of this solicitation. 9.10. Multiple Awards: Membership includes a large number of potential entities which may utilize this contract throughout the nation. To assure any ensuing contract(s) will allow Region 10 ESC to fulfill current and future needs, Region 10 ESC reserves the right to award contract(s) to multiple vendors. The decision to award multiple contracts, award only one contract, or to make no awards rests solely with Region 10 ESC. A multiple award shall be limited to the least number of vendors Region 10 ESC in its sole discretion determines to be necessary to meet the requirements of the Equalis membership. 9.11. Non-Exclusive: Any contract resulting from this solicitation shall be awarded with the understanding and agreement that it is for the sole convenience and benefit of participating Members. Region 10 ESC and participating Members reserve the right to obtain like goods and services from other sources. 10. AWARD PROCESS 10.1. Award or rejection of proposals: In accordance with applicable laws, rules, and regulations for public purchasing, award(s) will be made to the most responsive and responsible Respondent(s) whose proposal(s) is/are determined to be the best value and most advantageous to Member, price and other factors considered. Region 10 ESC reserves the right to use a “Market Basket Survey” method, based on statistically representative criteria to determine the most responsible response. To qualify for evaluation, response must have been submitted on time, and satisfy all mandatory requirements identified in this document. Proposals that are materially non- responsive will be rejected and Region 10 ESC will provide notice of rejection to the Respondent. 10.2. Evaluation Process: In evaluating the responses the following predetermined criteria is considered: • Products/Pricing (30 Points) o Coverage of products and services 669 Page 19 of 21 o Ability of offered products and services to meet the needs requested in the scope o Competitive pricing for all available products and services, including warranties if applicable o Ability of Customers to verify that they received contract pricing o Payment methods o Other factors relevant to this section as submitted by the Respondent • Performance Capability (25 Points) o Job order contracting experience and capabilities o Implementation and support plan o Project management capabilities o Performance bonding o Customer service/problem resolution o Financial condition of vendor o History of meeting products and services deadlines o Other factors relevant to this section as submitted by the Respondent • Qualification and Experience (25 Points) o Respondent reputation in the marketplace o Past relationship with Region 10 ESC and/or Region 10 ESC members o Experience and qualification of key employees o Past experience working with the public sector o Past litigation, bankruptcy, reorganization, state investigations of entity or current officers and directors o Minimum of 5 public sector customer references relating to the products and services within this RFP o Company profile and capabilities o Exhibited understanding of cooperative purchasing o Certifications in the Industry o Other factors relevant to this section as submitted by the Respondent • MWBE Status and/or Program Capabilities (10 Points) o MWBE status, subcontractor plan, and/or joint venture program o Good faith efforts to involve MWBE subcontractors in response o Demonstrated ongoing MWBE program • Commitment to Service Equalis Group Members (10 Points) o Marketing plan and capability o Ability to manage a cooperative contract o Commitment to supporting agencies to utilize the contract o Other factors relevant to this section as submitted by the Respondent 10.3. Competitive Range • It may be necessary to establish a competitive range. Factors from the predetermined criteria will be used to make this determination. 670 Page 20 of 21 Responses not in the competitive range are unacceptable and do not receive further award consideration. 10.4. Evaluation Committee • A committee will review and evaluate all responses and make a recommendation for award of contract(s). The recommendation for contract awards will be based on the predetermined criteria factors outlined in this solicitation, where each factor is assigned a point value based on its importance. Recommendation for award of a contract will be presented to the Region 10 ESC board of directors for final approval. 10.5. Past Performance • A vendor’s performance and actions under previously awarded contracts to schools, local, state, or federal agencies are relevant in determining whether or not the vendor is likely to provide quality goods and services to our members; including the administrative aspects of performance; the vendor’s history of reasonable and cooperative behavior and commitment to customer satisfaction; and generally, the Respondent’s businesslike concern for the interests of the customer. Other evaluation criteria notwithstanding, Region 10 ESC reserves the right to disqualify respondents based on past experience alone. 11. TAXES 11.1. The Contractor will pay all sales, consumer, use and other similar taxes required by law for which an exemption does not exist. If the Contractor is required to pay sales tax on non-exempt material, equipment, services or other items purchased in connection with a Purchase Order, the Member will reimburse the Contractor for such tax, without mark-up, provided the Contractor submits the appropriate documentation. 12. PROTEST OF NON-AWARD 12.1. Protest Procedure: Any protest of an award or proposed award must be filed in writing within ten (10) days from the date of the official award notification and must be received by 5:00 pm Central Time. No protest shall lie for a claim that the selected Vendor is not a res ponsible Respondent. Protests shall be filed with Mr. Clint Pechacek at Region 10 ESC, 400 E Spring Valley Rd, Richardson, TX 75081. Protests shall follow Region 10 ESC complaint policy EF(LOCAL), a copy of which is available at https://pol.tasb.org/Policy/Code/374?filter=EF, and it must be on a form provided by Region 10 ESC, which will include the following: • Name, address and telephone number of protester • Original signature of protester or its representative • Identification of the solicitation by RFP number • Detailed statement of legal and factual grounds including copies of relevant documents; and the form of relief requested • Any protest review and action shall be considered final with no further formalities being considered. 671 Page 21 of 21 13. NON-COLLUSION, EMPLOYMENT AND SERVICES 13.1. By signing the Offer and Acceptance form or other official contract form, the Respondent certifies that: • It did not engage in collusion or other anti-competitive practices in connection with the preparation or submission of its offer; and • It does not discriminate against any employee, applicant for employment, or person to whom it provides services because of race, color, religion, sex, national origin, or disability and that it complies with all applicable federal, state, and local laws and executive orders regarding employment. 14. LIMITATION OF LIABILITY 14.1. WAIVER: BY SUBMITTING A PROPOSAL, OFFER EXPRESSLY AGREES TO WAIVE ANY CLAIM IT HAS OR MAY HAVE AGAINST BOTH EQUALIS GROUP AND REGION 10 EDUCATION SERVICE CENTER, ITS DIRECTORS, OFFICERS, ADMINISTRATORS OR AGENTS AND THE MEMBERS ARISING OUT OF OR IN CONNECTION WITH (1) THE ADMINISTRATION, EVALUATION, RECOMMENDATION OF ANY PROPOSAL; (2) ANY REQUIREMENTS UNDER THE SOLICITATION, PROPOSAL PACKAGE, OR RELATED DOCUMENTS; (3) THE REJECTION OF ANY PROPOSAL OR ANY PART OF ANY PROPOSAL; AND/OR (4) THE AWARD OF A CONTRACT, IF ANY. 14.2. NEITHER REGION 10 ESC NOR EQUALIS GROUP SHALL BE RESPONSIBLE OR LIABLE FOR ANY COSTS INCURRED BY RESPONDENTS OR THE SELECTED VENDOR IN CONNECTION WITH RESPONDING TO THE RFP, PREPARING FOR ORAL PRESENTATIONS, PREPARING AND SUBMITTING A PROPOSAL, ENTERING OR NEGOTIATING THE TERMS OF A CONTRACT, OR ANY OTHER EXPENSES INCURRED BY A RESPONDENT. THE RESPONDENT OR SELECTED VENDOR IS WHOLLY RESPONSIBLE FOR ANY SUCH COSTS AND EXPENSES AND SHALL NOT BE REIMBURSED IN ANY MANNER BY REGION 10 ESC OR EQUALIS GROUP. 672 Page 1 of 46 fm REQUEST FOR PROPOSAL #R10-1166 FOR: Job Order Contracting March 28, 2024 Section Two: Proposal Submission, Questionnaire and Required Forms 673 Page 2 of 46 Proposal Form Checklist ................................................................................................................................................................................. 3 PROPOSAL FORM 1: ATTACHMENT B – PRICING .......................................................................................................................... 4 PROPOSAL FORM 2: QUESTIONNAIRE & EVALUATION CRITERIA .................................................................................... 5 PROPOSAL FORM 3: CERTIFICATIONS AND LICENSES ........................................................................................................... 11 PROPOSAL FORM 4: CLEAN AIR WATER ACT .............................................................................................................................. 12 PROPOSAL FORM 5: DEBARMENT NOTICE ................................................................................................................................... 13 PROPOSAL FORM 6: LOBBYING CERTIFICATION ...................................................................................................................... 14 PROPOSAL FORM 7: CONTRACTOR CERTIFICATION REQUIREMENTS ...................................................................... 15 PROPOSAL FORM 8: ANTITRUST CERTIFICATION STATEMENTS ..................................................................................... 16 PROPOSAL FORM 9: IMPLEMENTATION OF HOUSE BILL 1295 ........................................................................................ 17 PROPOSAL FORM 10: BOYCOTT CERTIFICATION AND TERRORIST STATE CERTIFICATION ......................... 18 PROPOSAL FORM 11: RESIDENT CERTIFICATION ....................................................................................................................... 19 PROPOSAL FORM 12: FEDERAL FUNDS CERIFICATION FORM ....................................................................................... 20 PROPOSAL FORM 13: ADDITIONAL ARIZONA CONTRACTOR REQUIREMENTS .................................................... 29 PROPOSAL FORM 14: OWNERSHIP DISCLOSURE FORM (N.J.S. 52:25 -24.2) .............................................................. 31 PROPOSAL FORM 15: NON-COLLUSION AFFIDAVIT ................................................................................................................ 32 PROPOSAL FORM 16: AFFIRMATIVE ACTION AFFIDAVIT (P.L. 1975, C.127) ................................................................. 33 PROPOSAL FORM 17: C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM ....................................................... 36 PROPOSAL FORM 18: STOCKHOLDER DISCLOSURE CERTIFICATION .......................................................................... 41 PROPOSAL FORM 19: GENERAL TERMS AND CONDITIONS ACCEPTANCE FORM ............................................ 42 PROPOSAL FORM 20: EQUALIS GROUP ADMINISTRATION AGREEMENT ............................................................... 43 PROPOSAL FORM 21: OPEN RECORDS POLICY ACKNOWLEDGEMENT AND ACCEPTANCE .....................44 PROPOSAL FORM 22: VENDOR CONTRACT AND SIGNATURE FORM ........................................................................ 45 674 Page 3 of 46 Proposal Form Checklist The following documents must be submitted with the Proposal The below documents can be found in Section 2; Proposal Submission and Required Bid Forms and must be submitted with the proposal. Please note Proposal Form 1 is a separate attachment (attachment B). PROPOSAL PRICING: Attachment B is provided separately in a Microsoft Excel file and is required to complete your price proposal. PROPOSAL FORM 1: ATTACHMENT B - PRICING QUESTIONNAIRE & EVALUATION CRITERIA: PROPOSAL FORM 2: QUESTIONNAIRE & EVALUATION CRITERIA OTHER REQUIRED PROPOSAL FORMS: PROPOSAL FORM 3: CERTIFICATIONS AND LICENSES PROPOSAL FORM 4: CLEAN AIR AND WATER ACT PROPOSAL FORM 5: DEBARMENT NOTICE PROPOSAL FORM 6: LOBBYING CERTIFICATION PROPOSAL FORM 7: CONTRACTOR CERTIFICATION REQUIREMENTS PROPOSAL FORM 8: ANTITRUST CERTIFICATION STATEMENTS PROPOSAL FROM 9: IMPLEMENTATION OF HOUSE BILL 1295 PROPOSAL FROM 10: BOYCOTT CERTIFICATION AND TERRORIST STATE CERTIFICATION PROPOSAL FORM 11: RESIDENT CERTIFICATION PROPOSAL FORM 12: FEDERAL FUNDS CERIFICATION FORM PROPOSAL FORM 13: ADDITIONAL ARIZONA CONTRACTOR REQUIREMENTS PROPOSAL FORM 14: OWNERSHIP DISCLOSURE FORM (N.J.S. 52:25-24.2) PROPOSAL FORM 15: NON-COLLUSION AFFIDAVIT PROPOSAL FORM 16: AFFIRMATIVE ACTION AFFIDAVIT (P.L. 1975, C.127) PROPOSAL FORM 17: C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM PROPOSAL FORM 18: STOCKHOLDER DISCLOSURE CERTIFICATION PROPOSAL FORM 19: GENERAL TERMS AND CONDITIONS ACCEPTANCE FORM PROPOSAL FORM 20: EQUALIS GROUP ADMINISTRATION AGREEMENT PROPOSAL FORM 21: OPEN RECORDS POLICY ACKNOWLEDGEMENT AND ACCEPTANCE PROPOSAL FORM 22: VENDOR CONTRACT AND SIGNATURE FORM (The rest of this page is intentially left blank) 675 Page 4 of 46 PROPOSAL FORM 1: ATTACHMENT B – PRICING Pricing should be entered in the attachment B Excel form provided in this RFP packet. Please reference Section 1, Part B, Instructions to Proposers, for more information on how to complete pricing. (The rest of this page is intentionally left blank) 676 Page 5 of 46 PROPOSAL FORM 2: QUESTIONNAIRE & EVALUATION CRITERIA Instructions: Respondents should incorporate their questionnaire responses directly into the green cells below. Failure to provide responses in this format may result in the proposal being deemed as non-responsive at the sole discretion of Region 10. Respondents may incorporate additional documents as part of their response which may be utilized by Region 10 as part of the evaluation. Additional documents must be consolidated as part of this Section 2 at the end of your response. Vendor responses are strictly limited to 100 total pages (not including Attachment B – Pricing Excel pricesheet). Vendors who submit more than 30 additional pages may result in the proposal being deemed non-responsive at the sole discretion of Region 10. Region 10 has associated the evaluation criteria with the question that most closely aligns with that respective evaluation criteria. Region 10 reserves the right at its sole discretion to base its evaluation and specific evaluation criteria on any part of the respondent’s proposal. Evaluation Criteria Question Answer Basic Information Required information for notification of RFP results What is your company’s official registered name? Click or tap here to enter text. What is the mailing address of your company’s headquarters? Click or tap here to enter text. Who is the main contact for any questions and notifications concerning this RFP response, including notification of award? Provide name, title, email address, and phone number. Click or tap here to enter text. Products/Pricing (30 Points) Coverage of products and services No answer is required. Region 10 will utilize your overall response and the products/services provided in Attachment B to make this determination Ability of offered products and services to meet the needs requested in the scope No answer is required. Region 10 will utilize your overall response and the products/services provided in Attachment B to make this determination Pricing for all available products and services, including warranties if applicable Does pricing submitted include the required administrative fee? Click or tap here to enter text. Do you offer any incentives for customers? If yes, please describe. Click or tap here to enter text. 677 Page 6 of 46 Ability of Customers to verify that they received contract pricing Describe your process for verifying work orders and estimations with a customer, including any methodology used to minimize the use of micro estimating and change orders. Click or tap here to enter text. Payment methods Define your invoicing process and methods of payments you will accept. Please include the overall process for agencies to make payments Click or tap here to enter text. Other factors relevant to this section as submitted by the Respondent No answer is required. Region 10 will utilize your overall response and the products/services provided in Attachment B to make this determination Performance Capability (25 Points) Job order contracting experience and capabilities Please provide a high-level overview of the job order contracting services being offered and how they address the scope being requested herein. Click or tap here to enter text. Describe your company’s past experience with Job Order Contracting estimating and include specific examples of other cooperatives and/or public agencies where you have performed these services. Click or tap here to enter text. Outline your process for qualifying, selecting, and managing subcontractors. Specifically address how your firm ensures subcontractors comply with local, state, and federal requirements as well as industry standards. Click or tap here to enter text. Outline applicable innovative solutions or value-added services that differentiate your company from competitors. Click or tap here to enter text. List the number and location of offices or service centers for all states being proposed in solicitation. Additionally, if your company does not offer all products and services in all 50 states, please describe any geographical limitations on any product or service offered. Click or tap here to enter text. Outline any value-added capabilities not already addressed. Click or tap here to enter text. Implementation and support plan Describe your company’s implementation and training plan for new customers. Click or tap here to enter text. Outline what ongoing communication and support is available to customers and key stakeholders. Click or tap here to enter text. 678 Page 7 of 46 Outline your organization’s commitment to jobsite safety including any specific policies, practices, or initiatives. Click or tap here to enter text. Project management capabilities Describe project management capabilities including scheduling, coordination, progress monitoring, and reporting processes. Click or tap here to enter text. Outline capabilities to provide comprehensive project documentation including submittals, change orders, and close-out documentation. Click or tap here to enter text. Describe your quality control processes including inspections, testing, and quality assurance measures. Click or tap here to enter text. Describe your organization’s ability to handle multiple concurrent projects and how you allocate resources to ensure timely completion. Click or tap here to enter text. Performance bonding Provide your company’s performance bond plan as described in the scope herein. Click or tap here to enter text. Customer service/problem resolution Describe your company’s Customer Service Department (hours of operation, how you resolve issues, number of service centers, etc.). Click or tap here to enter text. Financial condition of vendor Demonstrate your financial strength and stability with meaningful data. This could include, but is not limited to, such items as financial statements, SEC filings, credit & bond ratings, letters of credit, and detailed refence letters Click or tap here to enter text. What was your annual sales volume over last three (3) years? Click or tap here to enter text. History of meeting products and services deadlines Outline the process timeline for product pickup, delivery and any other applicable capabilities not already addressed. Click or tap here to enter text. Other factors relevant to this section as submitted by the Respondent Describe the capacity of your company to provide management reports, i.e. consolidated billing by location, time and attendance reports, etc. for each eligible agency Click or tap here to enter text. Provide your safety record, safety rating, EMR and worker’s compensation rate where available. Click or tap here to enter text. Qualification and Experience (25 Points) 679 Page 8 of 46 Respondent reputation in the marketplace Provide a link to your company’s website Click or tap here to enter text. Please provide a brief history of your company, including the year it was established. Click or tap here to enter text. Past relationship with Region 10 ESC and/or Region 10 ESC members Have you worked with Region 10 in the past? If so, provide the timeframe and main contact for that work? Click or tap here to enter text. Experience and qualification of key employees Please provide contact information and resumes for the person(s) who will be responsible for the following areas. Region 10 requests contacts to cover the following: * Executive Support * Account Manager * Contract Manager * Marketing * Billing, reporting & Accounts Payable Click or tap here to enter text. Past experience working with the public sector What are your overall public sector sales, excluding Federal Government, for last three (3) years? Click or tap here to enter text. What is your strategy to increase market share in the public sector? Click or tap here to enter text. Past litigation, bankruptcy, reorganization, state investigations of entity or current officers and directors Provide information regarding whether your firm, either presently or in the past, has been involved in any litigation, bankruptcy, or reorganization. Click or tap here to enter text. Minimum of 5 public sector customer references relating to the products and services within this RFP Provide a minimum of five (5) customer references for product and/or services of similar scope dating within the past 3 years. Please try to provide references for K12, Higher Education, City/County and State entities. Provide the entity; contact name & title; city & state; phone number; years serviced; description of services; and annual volume Click or tap here to enter text. Company profile and capabilities Do you plan to sell to customers directly, use resellers or subcontractors, or a combination of both? If you intend to use resellers and/or subcontractors, describe your process for ensuring that resellers and subcontractors comply with the pricing and terms of the contract. Click or tap here to enter text. Exhibited understanding of cooperative purchasing No answer is required. Region 10 will utilize your overall response to this questionnaire to make this determination. Previous experience with cooperatives is not necessary to score well for this criterion. 680 Page 9 of 46 Other factors relevant to this section as submitted by the Respondent If your company is a privately held organization, please indicate if the company is owned or operated by anyone who has been convicted of a felony. If yes, a detailed explanation of the names and conviction is required. Click or tap here to enter text. Provide a copy of all current licenses, registrations and certifications issued by federal, state and local agencies, and any other licenses, registrations or certifications from any other governmental entity with jurisdiction, allowing Respondent to perform the covered services. These will be provided in the space provided in Form 3. No answer is required here. MWBE Status and/or Program Capabilities (10 Points) MWBE status, subcontractor plan, and/or joint venture program Please indicate whether you hold any diversity certifications, including, but not limited to MWBE, SBE, DBE, DVBE, HUB, or HUBZone Click or tap here to enter text. Do you currently have a diversity program in place, such as a Mentor Protégé Program or subcontractor program? If you have a diversity program, please describe it and indicate whether you plan to offer your program or partnership through Equalis Group? Click or tap here to enter text. Please attach any certifications you have as part of your response to Form 3. Good faith efforts to involve MWBE subcontractors in response Did your company contact MWBEs or minority chambers of commerce by telephone, written correspondence, or trade associations at least one week before the due date of this RFP to provide information relevant to this opportunity and to determine whether any MWBEs were interested in subcontracting and/or joint ventures? Click or tap here to enter text. Demonstrated ongoing MWBE program Outline your subcontractor strategy and efforts your organization takes to include MWBE subcontractors in future work, including but not limited to efforts to reach out to individual MWBE businesses, minority chambers of commerce, and other minority business and trade associations. Click or tap here to enter text. Commitment to Service Equalis Group Members (10 Points) Marketing plan, capability, and commitment Detail how your organization plans to market and promote this contract upon award, including how this contract will fit into your organization’s current go-to- market strategy in the public sector. Click or tap here to enter text. 681 Page 10 of 46 Detail how your organization will train your sales force and customer service representatives on this contract to ensure that they can competently and consistently present the contract to public agency customers and answer any questions they might have concerning it. Click or tap here to enter text. Acknowledge that your organization agrees to provide its company logo(s) to Region 10 ESC and Equalis Group and agrees to provide permission for reproduction of such logo in marketing communications and promotions Click or tap here to enter text. Ability to manage a cooperative contract Describe the capacity of your company to report monthly sales through this agreement to Equalis Group. Click or tap here to enter text. Identify any contracts with other cooperative or government group purchasing organizations of which your company is currently a part of: Click or tap here to enter text. Commitment to supporting agencies to utilize the contract If awarded a contract, how would you approach agencies in regards to this contract? Please indicate how this would work for both new customers to your organization, as well as existing. Click or tap here to enter text. Other factors relevant to this section as submitted by the Respondent Provide the number of sales representatives which will work on this contract and where the sales representatives are located. Click or tap here to enter text. 682 PROPOSAL FORM 3: CERTIFICATIONS AND LICENSES Provide a copy of all current licenses, registrations and certifications issued by federal, state and local agencies, and any other licenses, registrations or certifications from any other governmental entity with jurisdiction, allowing Respondent to perform the covered services including, but not limited to licenses, registrations or certifications. M/WBE, HUB, DVBE, small and disadvantaged business certifications and other diverse business certifications, as well as manufacturer certifications for sales and service must be included if applicable. 683 Page 12 of 46 PROPOSAL FORM 4: CLEAN AIR WATER ACT I, the Vendor, am in compliance with all applicable standards, orders or regulations issued pursuant to the Clean Air Act of 1970, as Amended (42 U.S. C. 1857 (h), Section 508 of the Clean Water Act, as amended (33 U.S.C. 1368), Executive Order 117389 and Environmental Protection Agency Regulation, 40 CFR Part 15 as required under OMB Circular A-102, Attachment O, Paragraph 14 (1) regarding reporting violations to the grantor agency and to the United States Environment Protection Agency Assistant Administrator for the Enforcement. Potential Vendor: ___________________________________________________________ Title of Authorized Representative: _____________________________________________ Mailing Address: ____________________________________________________________ Signature: _________________________________________________________________ 684 Page 13 of 46 PROPOSAL FORM 5: DEBARMENT NOTICE I, the Vendor, certify that my company has not been debarred, suspended or otherwise ineligible for participation in Federal Assistance programs under Executive Order 12549, “Debarment and Suspension”, as described in the Federal Register and Rules and Regulations. Potential Vendor: ___________________________________________________________ Title of Authorized Representative: _____________________________________________ Mailing Address: ____________________________________________________________ Signature: _________________________________________________________________ 685 Page 14 of 46 PROPOSAL FORM 6: LOBBYING CERTIFICATION Submission of this certification is a prerequisite for making or entering into this transaction and is imposed by Section 1352, Title 31, U.S. Code. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Any person who fails to file the required certification shall be subject to civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The undersigned certifies, to the best of his/her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, “Disclosure of Lobbying Activities,” in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all covered sub-awards exceeding $100,000 in Federal funds at all appropriate tiers and that all sub-recipients shall certify and disclose accordingly. _______________________________ Signature of Respondent _______________________________ Date 686 Page 15 of 46 PROPOSAL FORM 7: CONTRACTOR CERTIFICATION REQUIREMENTS Contractor’s Employment Eligibility By entering the contract, Contractor warrants compliance with the Federal Immigration and Nationality Act (FINA), and all other federal and state immigration laws and regulations. The Contractor further warrants that it is in compliance with the various state statutes of the states it will operate this contract in. Participating Government Entities including School Districts may request verification of compliance from any Contractor or subcontractor performing work under this Contract. These Entities reserve the right to confirm compliance in accordance with applicable laws. Should the Participating Entities suspect or find that the Contractor or any of its subcontractors are not in compliance, they may pursue any and all remedies allowed by law, including, but not limited to: suspension of work, termination of the Contract for default, and suspension and/or debarment of the Contractor. All costs necessary to verify compliance are the responsibility of the Contractor. The Respondent complies and maintains compliance with the appropriate statutes which requires compliance with federal immigration laws by State employers, State contractors and State subcontractors in accordance with the E-Verify Employee Eligibility Verification Program. Contractor shall comply with governing board policy of the Region 10 ESC Participating entities in which work is being performed. __________________________________________________________________________ Fingerprint & Criminal Background Checks If required to provide services on school district property at least five (5) times during a month, contractor shall submit a full set of fingerprints to the school district if requested of each person or employee who may provide such service. Alternately, the school district may fingerprint those persons or employees. An exception to this requirement may be made as authorized in Governing Board policy. The district shall conduct a fingerprint check in accordance with the appropriate state and federal laws of all contractors, subcontractors or vendors and their employees for which fingerprints are submitted to the district. Contractor, subcontractors, vendors and their employees shall not provide services on school district properties until authorized by the District. The Respondent shall comply with fingerprinting requirements in accordance with appropriate statutes in the state in which the work is being performed unless otherwise exempted. Contractor shall comply with governing board policy in the school district or Participating Entity in which work is being performed. _________________________________________ ________________________________ Signature of Respondent Date 687 Page 16 of 46 PROPOSAL FORM 8: ANTITRUST CERTIFICATION STATEMENTS (Tex. Government Code § 2155.005) I affirm under penalty of perjury of the laws of the State of Texas that: (1) I am duly authorized to execute this contract on my own behalf or on behalf of the company, corporation, firm, partnership or individual (Company) listed below; (2) In connection with this proposal, neither I nor any representative of the Company has violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15; (3) In connection with this proposal, neither I nor any representative of the Company has violated any federal antitrust law; and (4) Neither I nor any representative of the Company has directly or indirectly communicated any of the contents of this proposal to a competitor of the Company or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Company. VENDOR _________________________________ ADDRESS ________________________________ PHONE __________________________________ FAX __________________________________ RESPONDANT Signature Printed Name Position with Company AUTHORIZING OFFICIAL Signature Printed Name Position with Company 688 Page 17 of 46 PROPOSAL FORM 9: IMPLEMENTATION OF HOUSE BILL 1295 Certificate of Interested Parties (Form 1295): In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that a governmental entity or state agency may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency. The law applies only to a contract of a governmental entity or state agency that either (1) requires an action or vote by the governing body of the entity or agency before the contract may be signed or (2) has a value of at least $1 million. The disclosure requirement applies to a contract entered into on or after January 1, 2016. The Texas Ethics Commission was required to adopt rules necessary to implement that law, prescribe the disclosure of interested parties form, and post a copy of the form on the commission’s website. The commission adopted the Certificate of Interested Parties form (Form 1295) on October 5, 2015. The commission also adopted new rules (Chapter 46) on November 30, 2015, to implement the law. The commission does not have any additional authority to enforce or interpret House Bill 1295. Filing Process: Staring on January 1, 2016, the commission will make available on its website a new filing application that must be used to file Form 1295. A business entity must use the application to enter the required information on Form 1295 and print a copy of the completed form, which will include a certification of filing that will contain a unique certification number. An authorized agent of the business entity must sign the printed copy of the form and have the form notarized. The completed Form 1295 with the certification of filing must be filed with the governmental body or state agency with which the business entity is entering into the contract. The governmental entity or state agency must notify the commission, using the commission’s filing application, of the receipt of the filed Form 1295 with the certification of filing not later than the 30th day after the date the contract binds all parties to the contract. The commission will post the completed Form 1295 to its website within seven business days after receiving notice from the governmental entity or state agency. Information regarding how to use the filing application will be available on this site starting on January 1, 2016. https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm 689 Page 18 of 46 PROPOSAL FORM 10: BOYCOTT CERTIFICATION AND TERRORIST STATE CERTIFICATION BOYCOTT CERTIFICATION Respondent must certify that during the term of any Agreement, it does not boycott Israel and will not boycott Israel. “Boycott” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. Does vendor agree? ____________________________________ (Initials of Authorized Representative) Respondent must certify that it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and will not discriminate during the term of the contract against a firearm entity or firearm trade association. Respondent must aslo certify that it does not boycott energy companies; and will not boycott energy companies during the term of the contract. Does vendor agree? _____________________________________ (Initials of Authorized Representative) TERRORIST STATE CERTIFICATION In accordance with Texas Government Code, Chapter 2252, Subchapter F, REGION 10 ESC is prohibited from entering into a contract with a company that is identified on a list prepared and maintained by the Texas Comptroller or the State Pension Review Board under Texas Government Code Sections 806.051, 807.051, or 2252.153. By execution of any agreement, the respondent certifies to REGION 10 ESC that it is not a listed company under any of those Texas Government Code provisions. Responders must voluntarily and knowingly acknowledge and agree that any agreement shall be null and void should facts arise leading the REGION 10 ESC to believe that the respondent was a listed company at the time of this procurement. Does vendor agree? ____________________________________ (Initials of Authorized Representative) 690 Page 19 of 46 PROPOSAL FORM 11: RESIDENT CERTIFICATION This Certification Section must be completed and submitted before a proposal can be awarded to your company. This information may be placed in an envelope labeled "Proprietary" and is not subject to public view. In order for a proposal to be considered, the following information must be provided. Failure to complete may result in rejection of the proposal: As defined by Texas House Bill 602, a "nonresident Bidder" means a Bidder whose principal place of business is not in Texas, but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in Texas. Texas or Non-Texas Resident  I certify that my company is a "resident Bidder"  I certify that my company qualifies as a "nonresident Bidder" If you qualify as a "nonresident Bidder," you must furnish the following information: What is your resident state? (The state your principal place of business is located.) _____________________________________________________________________________________Compan y Name Address _____________________________________________________________________________________City State Zip 691 Page 20 of 46 PROPOSAL FORM 12: FEDERAL FUNDS CERTIFICATION FORM When a participating agency seeks to procure goods and services using funds under a federal grant or contract, specific federal laws, regulations, and requirements may apply in addition to those under state law. This includes, but is not limited to, the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 CFR 200 (sometimes referred to as the “Uniform Guidance” or “EDGAR” requirements). All Vendors submitting proposals must complete this Federal Funds Certification Form regarding Vendor’s willingness and ability to comply with certain requirements which may be applicable to specific participating agency purchases using federal grant funds. This completed form will be made available to participating agencies for their use while considering their purchasing options when using federal grant funds. Participating agencies may also require Vendors to enter into ancillary agreements, in addition to the contract’s general terms and conditions, to address the member’s specific contractual needs, including contract requirements for a procurement using federal grants or contracts. For each of the items below, Vendor should certify Vendor’s agreement and ability to comply, where applicable, by having Vendor’s authorized representative complete and initial the applicable lines after each section and sign the acknowledgment at the end of this form. If a vendor fails to complete any item in this form, Region 10 ESC will consider the Vendor’s response to be that they are unable or unwilling to comply. A negative response to any of the items may, if applicable, impact the ability of a participating agency to purchase from the Vendor using federal funds. 1. Vendor Violation or Breach of Contract Terms: Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 USC 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. Any Contract award will be subject to Region 10 ESC General Terms and Conditions, as well as any additional terms and conditions in any Purchase Order, participating agency ancillary contract, or Member Construction Contract agreed upon by Vendor and the participating agency which must be consistent with and protect the participating agency at least to the same extent as the Region 10 ESC Terms and Conditions. The remedies under the Contract are in addition to any other remedies that may be available under law or in equity. By submitting a Proposal, you agree to these Vendor violation and breach of contract terms. Does vendor agree? ____________________________________ (Initials of Authorized Representative) 2. Termination for Cause or Convenience: When a participating agency expends federal funds, the participating agency reserves the right to immediately terminate any agreement in excess of $10,000 resulting from this procurement process in the event of a breach or default of the agreement by Offeror in the event Offeror fails to: (1) meet schedules, deadlines, and/or delivery dates within the time specified in the procurement solicitation, contract, and/or a purchase order; (2) make any payments owed; or (3) otherwise perform in accordance with the contract and/or the procurement solicitation. participating agency also reserves the right to terminate the contract immediately, with written notice to offeror, for convenience, if participating agency believes, in its sole discretion that it is in the best 692 Page 21 of 46 interest of participating agency to do so. Offeror will be compensated for work performed and accepted and goods accepted by participating agency as of the termination date if the contract is terminated for convenience of participating agency. Any award under this procurement process is not exclusive and participating agency reserves the right to purchase goods and services from other offerors when it is in participating agency’s best interest. Does vendor agree? ____________________________________ (Initials of Authorized Representative) 3. Equal Employment Opportunity: Except as otherwise provided under 41 CFR Part 60, all participating agency purchases or contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 shall be deemed to include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR Part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause provided under 41 CFR 60-1.4(b) is hereby incorporated by reference. Vendor agrees that such provision applies to any participating agency purchase or contract that meets the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 and Vendor agrees that it shall comply with such provision. Does vendor agree? ____________________________________ (Initials of Authorized Representative) 4. Davis-Bacon Act: When required by Federal program legislation, Vendor agrees that, for all participating agency prime construction contracts/purchases in excess of $2,000, Vendor shall comply with the Davis-Bacon Act (40 USC 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, Vendor is required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determinate made by the Secretary of Labor. In addition, Vendor shall pay wages not less than once a week. Current prevailing wage determinations issued by the Department of Labor are available at www.wdol.gov. Vendor agrees that, for any purchase to which this requirement applies, the award of the purchase to the Vendor is conditioned upon Vendor’s acceptance of the wage determination. Vendor further agrees that it shall also comply with the Copeland “Anti-Kickback” Act (40 USC 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. 693 Page 22 of 46 Does vendor agree? ____________________________________ (Initials of Authorized Representative) 5. Contract Work Hours and Safety Standards Act: Where applicable, for all participating agency contracts or purchases in excess of $100,000 that involve the employment of mechanics or laborers, Vendor agrees to comply with 40 USC 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 USC 3702 of the Act, Vendor is required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 USC 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Does vendor agree? ____________________________________ (Initials of Authorized Representative) 6. Right to Inventions Made Under a Contract or Agreement: If the participating agency’s Federal award meets the definition of “funding agreement” under 37 CFR 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance or experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Vendor agrees to comply with the above requirements when applicable. Does vendor agree? ____________________________________ (Initials of Authorized Representative) 7. Clean Air Act and Federal Water Pollution Control Act: Clean Air Act (42 USC 7401-7671q.) and the Federal Water Pollution Control Act (33 USC 1251-1387), as amended –Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 USC 7401-7671q.) and the Federal Water Pollution Control Act, as amended (33 USC 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). When required, Vendor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act and the Federal Water Pollution Control Act. Does vendor agree? ____________________________________ 694 Page 23 of 46 (Initials of Authorized Representative) 8. Debarment and Suspension: Debarment and Suspension (Executive Orders 12549 and 12689) – A contract award (see 2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1966 Comp. p. 189) and 12689 (3CFR Part 1989 Comp. p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that Vendor is not currently listed on the government-wide exclusions in SAM, is not debarred, suspended, or otherwise excluded by agencies or declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor further agrees to immediately notify the Cooperative and all participating agencies with pending purchases or seeking to purchase from Vendor if Vendor is later listed on the government-wide exclusions in SAM, or is debarred, suspended, or otherwise excluded by agencies or declared ineligible under statutory or regulatory authority other than Executive Order 12549. Does vendor agree? ____________________________________ (Initials of Authorized Representative) 9. Byrd Anti-Lobbying Amendment: Byrd Anti-Lobbying Amendment (31 USC 1352) -- Vendors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 USC 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. As applicable, Vendor agrees to file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 USC 1352). Does vendor agree? ____________________________________ (Initials of Authorized Representative) 10. Procurement of Recovered Materials: For participating agency purchases utilizing Federal funds, Vendor agrees to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act where applicable and provide such information and certifications as a participating agency may require to confirm estimates and otherwise comply. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery, 695 Page 24 of 46 and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Does vendor agree? ____________________________________ (Initials of Authorized Representative) 11. Profit as a Separate Element of Price: For purchases using federal funds in excess of $150,000, a participating agency may be required to negotiate profit as a separate element of the price. See, 2 CFR 200.323(b). When required by a participating agency, Vendor agrees to provide information and negotiate with the participating agency regarding profit as a separate element of the price for a particular purchase. However, Vendor agrees that the total price, including profit, charged by Vendor to the participating agency shall not exceed the awarded pricing, including any applicable discount, under Vendor’s Cooperative Contract. Does vendor agree? ____________________________________ (Initials of Authorized Representative) 12. Domestic Preference Vendor must be prepared to provide a comprehensive list of the number of goods, products, and/or materials (including but not limited to iron, aluminum, steel, cement, and other manufactured products) being used for specific purchase orders under the contract award which were produced in the United States upon request to Region 10 ESC or any Equalis member who intends to use this contract with federal funds. Does vendor agree? ____________________________________ (Initials of Authorized Representative) 13. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment Vendor agrees that recipients and subrecipients are prohibited from obligating or expending loan or grant funds to procure or obtain, extend or renew a contract to procure or obtain, or enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems 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 from companies described in Public Law 115-232, section 889. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country are also prohibited. Does vendor agree? ____________________________________ (Initials of Authorized Representative) 14. General Compliance and Cooperation with Participating Agencies: In addition to the foregoing specific requirements, Vendor agrees, in accepting any Purchase Order from a participating agency, it shall make a good faith effort to work with participating agencies to provide such information and to satisfy such requirements as may apply to a particular participating agency purchase or purchases including, but not limited to, applicable recordkeeping and record retention requirements. 696 Page 25 of 46 Does vendor agree? ____________________________________ (Initials of Authorized Representative) 15. Applicability to Subcontractors Offeror agrees that all contracts it awards pursuant to the Contract shall be bound by the foregoing terms and conditions. Does vendor agree? ____________________________________ (Initials of Authorized Representative) By signature below, I certify that the information in this form is true, complete, and accurate and that I am authorized by my company to make this certification and all consents and agreements contained herein. ____________________________________________ Company Name ____________________________________________ Signature of Authorized Company Official ____________________________________________ Printed Name ____________________________________________ Title ____________________________________________ Date 697 Page 26 of 46 PROPOSAL FORM 13: FEMA REQUIREMENTS When a participating agency seeks to procure goods and services using funds under a federal grant or contract, specific federal laws, regulations, and requirements may apply in addition to those under state law. This includes, but is not limited to, the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 CFR 200 (sometimes referred to as the “Uniform Guidance” or “EDGAR” requirements). Additionally, Appendix II to Part 200 authorizes FEMA to require or recommend additional provisions for contracts. All respondents submitting proposals must complete this FEMA Recommended Contract Provisions Form regarding respondent ’s willingness and ability to comply with certain requirements which may be applicable to specific participating agency purchases using FEMA funds. This completed form will be made available to Members for their use while considering their purchasing options when using FEMA grant funds. Members may also require Supplier Partners to enter into ancillary agreements, in addition to the contract ’s general terms and conditions, to address the member’s specific contractual needs, including contract requirements for a procurement using federal grants or contracts. For each of the items below, Respondent should certify Respondent’s agreement and ability to comply, where applicable, by having respondents authorized representative complete and initial the applicable lines after each section and sign the acknowledgment at the end of this form. If a Respondent fails to complete any item in this form, Region 10 ESC will consider the respondent’s response to be that they are unable or unwilling to comply. A negative response to any of the items may, if applicable, impact the ability of a participating agency to purchase from the Supplier Partner using federal funds. 1. Access to Records For All Procurements The Winning Supplier agrees to provide the participating agency, the pass-through entity (if applicable), the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. The Winning Supplier agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. The Winning Supplier agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. Does Respondent agree? __ (Initials of Authorized Representative) For Contracts Entered into After August 1, 2017 Under a Major Disaster or Emergency Declaration In compliance with section 1225 of the Disaster Recovery Reform Act of 2018, the participating agency, and the Winning Supplier acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States.” Does Respondent agree? ___ (Initials of Authorized Representative) 2. Changes 698 Page 27 of 46 FEMA recommends that all contracts include a changes clause that describes how, if at all, changes can be made by either party to alter the method, price, or schedule of the work without breaching the contract. The language of the clause may depend on the nature of the contract and the procured item(s) or service(s). The participating agency should also consult their servicing legal counsel to determine whether and how contract changes are permissible under applicable state, local, or tribal laws or regulations. Does Respondent agree? ___ (Initials of Authorized Representative) 3. Use of DHS Seal, Logo, and Flags The Winning Supplier shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. The contractor shall include this provision in any subcontracts. Does Respondent agree? ___ (Initials of Authorized Representative) 4. Compliance with Federal Law, Regulations, And Executive Orders and Acknowledgement of Federal Funding This is an acknowledgement that when FEMA financial assistance is used to fund all or a portion of the participating agency’s contract with the Winning Supplier, the Winning Supplier will comply with all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. Does Respondent agree? ___. (Initials of Authorized Representative) 5. No Obligation by Federal Government The federal government is not a party to this or any contract resulting from this or future procurements with the participating agencies and is not subject to any obligations or liabilities to the non-federal entity, contractor, or any other party pertaining to any matter resulting from the contract. Does Respondent agree? ___ (Initials of Authorized Representative) 6. Program Fraud and False or Fraudulent Statements or Related Acts The Winning Supplier acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor’s actions pertaining to this contract. Does Respondent agree? ___ (Initials of Authorized Representative) 7. Affirmative Socioeconomic Steps If subcontracts are to be let, the Winning Supplier is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women’s business enterprises, and labor surplus area firms are used when possible. Does Respondent agree? ___ (Initials of Authorized Representative) 8. License and Delivery of Works Subject to Copyright and Data Rights 699 Page 28 of 46 The Winning Supplier grants to the participating agency, a paid-up, royalty-free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Winning Supplier will identify such data and grant to the participating agency or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Winning Supplier will deliver to the participating agency data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the (insert name of the non-federal entity). Does Respondent agree? ___ (Initials of Authorized Representative) 700 Page 29 of 46 PROPOSAL FORM 14: ADDITIONAL ARIZONA CONTRACTOR REQUIREMENTS AZ Compliance with Federal and state requirements: Contractor agrees when working on any federally assisted projects with more than $2,000.00 in labor costs, to comply with all federal and state requirements, as well as Equal Opportunity Employment requirements and all other federal and state laws, statutes, etc. Contractor agrees to post wage rates at the work site and submit a copy of their payroll to the member for their files. Contractor must retain records for three years to allow the federal grantor agency access to these records, upon demand. Contractor also agrees to comply with the Arizona Executive Order 75-5, as amended by Executive Order 99-4. When working on contracts funded with Federal Grant monies, contractor additionally agrees to comply with the administrative requirements for grants, and cooperative agreements to state, local and federally recognized Indian Tribal Governments. AZ Compliance with workforce requirements: Pursuant to ARS 41-4401, Contractor and subcontractor(s) warrant their compliance with all federal and state immigration laws and regulations that relate to their employees, and compliance with ARS 23-214 subsection A, which states, …”every employer, after hiring an employee, shall verify the employment eligibility of the employee through the E-Verify program” Region 10 ESC reserves the right to cancel or suspend the use of any contract for violations of immigration laws and regulations. Region 10 ESC and its members reserve the right to inspect the papers of any contractor or subcontract employee who works under this contract to ensure compliance with the warranty above. AZ Contractor Employee Work Eligibility: By entering into this contract, contractor agrees and warrants compliance with A.R.S. 41-4401, A.R.S. 23-214, the Federal Immigration and Nationality Act (FINA), and all other Federal immigration laws and regulations. Region 10 ESC and/or Region 10 ESC members may request verification of compliance from any contractor or sub contractor performing work under this contract. Region 10 ESC and Region 10 ESC members reserve the right to confirm compliance. In the event that Region 10 ESC or Region 10 ESC members suspect or find that any contractor or subcontractor is not in compliance, Region 10 ESC may pursue any and all remedies allowed by law, including but not limited to suspension of work, termination of contract, suspension and/or debarment of the contractor. All cost associated with any legal action will be the responsibility of the contractor. AZ Non-Compliance: All federally assisted contracts to members that exceed $10,000.00 may be terminated by the federal grantee for noncompliance by contractor. In projects that are not federally funded, Respondent must agree to meet any federal, state or local requirements as necessary. In addition, if compliance with the federal regulations increases the contract costs beyond the agreed on costs in this solicitation, the additional costs may only apply to the portion of the work paid by the federal grantee. Registered Sex Offender Restrictions (Arizona): For work to be performed at an Arizona school, contractor agrees that no employee or employee of a subcontractor who has been adjudicated to be a registered sex offender will perform work at any time when students are present, or reasonably expected to be present. Contractor agrees that a violation of this condition shall be considered a material breach and may result in the cancellation of the purchase order at the Region 10 ESC member’s discretion. Contractor must identify any additional costs associated with compliance to this term. If no costs are specified, compliance with this term will be provided at no additional charge. 701 Page 30 of 46 Offshore Performance of Work Prohibited: Due to security and identity protection concerns, direct services under this contract shall be performed within the borders of the United States. Terrorism Country Divestments: In accordance with A.R.S. 35-392, Region 10 ESC and Region 10 ESC members are prohibited from purchasing from a company that is in violation of the Export Administration Act. By entering into the contract, contractor warrants compliance with the Export Administration Act. The undersigned hereby accepts and agrees to comply with all statutory compliance and notice requirements listed in this document. Signature of Respondent Date 702 Page 31 of 46 PROPOSAL FORM 15: OWNERSHIP DISCLOSURE FORM (N.J.S. 52:25-24.2) Pursuant to the requirements of P.L. 1999, Chapter 440 effective April 17, 2000 (Local Public Contracts Law), the Respondent shall complete the form attached to these specifications listing the persons owning 10 percent (10%) or more of the firm presenting the proposal. Company Name: Street: City, State, Zip Code: Complete as appropriate: I _______________________________________ , certify that I am the sole owner of ____________________________________ , that there are no partners and the business is not incorporated, and the provisions of N.J.S. 52:25-24.2 do not apply. OR: I _______________________________________ , a partner in ______________________________ , do hereby certify that the following is a list of all individual partners who own a 10% or greater interest therein. I further certify that if one (1) or more of the partners is itself a corporation or partnership, there is also set forth the names and addresses of the stockholders holding 10% or more of that corporation’s stock or the individual partners owning 10% or greater interest in that partnership. OR: I _______________________________________ , an authorized representative of ______________________________ , a corporation, do hereby certify that the following is a list of the names and addresses of all stockholders in the corporation who own 10% or more of its stock of any class. I further certify that if one (1) or more of such stockholders is itself a corporation or partnership, that there is also set forth the names and addresses of the stockholders holding 10% or more of the corporation’s stock or the individual partners owning a 10% or greater interest in that partnership. (Note: If there are no partners or stockholders owning 10% or more interest, indicate none.) Name Address Interest I further certify that the statements and information contained herein, are complete and correct to the best of my knowledge and belief. _________________________________________ _____________________ Authorized Signature and Title Date 703 Page 32 of 46 PROPOSAL FORM 16: NON-COLLUSION AFFIDAVIT Company Name: Street: City, State, Zip Code: State of New Jersey County of ________________________ I, ____________________________ of the ___________________________ Name City in the County of ____________________________, State of ___________________________________ of full age, being duly sworn according to law on my oath depose and say that: I am the _____________________________ of the firm of _____________________________________ Title Company Name the Respondent making the Proposal for the goods, services or public work specified under the Harrison Township Board of Education attached proposal, and that I executed the said proposal with full authority to do so; that said Respondent has not directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free, competitive bidding in connection with the above proposal, and that all statements contained in said bid proposal and in this affidavit are true and correct, and made with full knowledge that the Harrison Township Board of Education relies upon the truth of the statements contained in said bid proposal and in the statements contained in this affidavit in awarding the contract for the said goods, services or public work. I further warrant that no person or selling agency has been employed or retained to solicit or secure such contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by ______________________________________ _________________________________________ Company Name Authorized Signature & Title Subscribed and sworn before me this ______ day of ______________, 20____ __________________________________________ Notary Public of New Jersey My commission expires , 20____ SEAL 704 Page 33 of 46 PROPOSAL FORM 17: AFFIRMATIVE ACTION AFFIDAVIT (P.L. 1975, C.127) Company Name: __________________________________________________________ Street: __________________________________________________________________ City, State, Zip Code: ______________________________________________________ Bid Proposal Certification: Indicate below your compliance with New Jersey Affirmative Action regulations. Your proposal will be accepted even if you are not in compliance at this time. No contract and/or purchase order may be issued, however, until all Affirmative Action requirements are met. Required Affirmative Action Evidence: Procurement, Professional & Service Contracts (Exhibit A) Vendors must submit with proposal: 1. A photo copy of their Federal Letter of Affirmative Action Plan Approval _________ OR 2. A photo copy of their Certificate of Employee Information Report _________ OR 3. A complete Affirmative Action Employee Information Report (AA302) _________ Public Work – Over $50,000 Total Project Cost: A. No approved Federal or New Jersey Affirmative Action Plan. We will complete Report Form _________ AA201-A upon receipt from the Harrison Township Board of Education B. Approved Federal or New Jersey Plan – certificate enclosed _________ I further certify that the statements and information contained herein, are complete and correct to the best of my knowledge and belief. _______________________________________________________ _______________ Authorized Signature and Title Date P.L. 1995, c. 127 (N.J.A.C. 17:27) MANDATORY AFFIRMATIVE ACTION LANGUAGE PROCUREMENT, PROFESSIONAL AND SERVICE CONTRACTS During the performance of this contract, the contractor agrees as follows: The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation. The contractor will take affirmative action to ensure that such applicants are recruited and employed, and that employees are treated during employment, without regard to their age, race, creed, color, 705 Page 34 of 46 national origin, ancestry, marital status, sex, affectional or sexual orientation. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this non-discrimination clause. The contractor or subcontractor, where applicable will, in all solicitations or advertisement for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation. The contractor or subcontractor, where applicable, will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer advising the labor union or workers' representative of the contractor's commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to P.L. 1975, c. 127, as amended and supplemented from time to time and the Americans with Disabilities Act. The contractor or subcontractor agrees to attempt in good faith to employ minority and female workers trade consistent with the applicable county employment goal prescribed by N.J.A.C. 17:27-5.2 promulgated by the Treasurer pursuant to P.L. 1975, C.127, as amended and supplemented from time to time or in accordance with a binding determination of the applicable county employment goals determined by the Affirmative Action Office pursuant to N.J.A.C. 17:27-5.2 promulgated by the Treasurer pursuant to P.L. 1975, C.127, as amended and supplemented from time to time. The contractor or subcontractor agrees to inform in writing appropriate recruitment agencies in the area, including employment agencies, placement bureaus, colleges, universities, labor unions, that it does not discriminate on the basis of age, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices. The contractor or subcontractor agrees to revise any of it testing procedures, if necessary, to assure that all personnel testing conforms with the principles of job-related testing, as established by the statutes and court decisions of the state of New Jersey and as established by applicable Federal law and applicable Federal court decisions. The contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and lay-off to ensure that all such actions are taken without regard to age, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation, and conform with the applicable employment goals, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions. 706 Page 35 of 46 The contractor and its subcontractors shall furnish such reports or other documents to the Affirmative Action Office as may be requested by the office from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Affirmative Action Office for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code (NJAC 17:27). ________________________________________________ Signature of Procurement Agent 707 Page 36 of 46 PROPOSAL FORM 18: C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM Public Agency Instructions This page provides guidance to public agencies entering into contracts with business entities that are required to file Political Contribution Disclosure forms with the agency. It is not intended to be provided to contractors. What follows are instructions on the use of form local units can provide to contractors that are required to disclose political contributions pursuant to N.J.S.A. 19:44A-20.26 (P.L. 2005, c. 271, s.2). Additional information is available in Local Finance Notice 2006-1 (https://www.nj.gov/dca/divisions/dlgs/resources/lfns_2006.html). 1. The disclosure is required for all contracts in excess of $17,500 that are not awarded pursuant to a “fair and open” process (N.J.S.A. 19:44A-20.7). 2. Due to the potential length of some contractor submissions, the public agency should consider allowing data to be submitted in electronic form (i.e., spreadsheet, pdf file, etc.). Submissions must be kept with the contract documents or in an appropriate computer file and be available for public access. The form is worded to accept this alternate submission. The text should be amended if electronic submission will not be allowed. 3. The submission must be received from the contractor and on file at least 10 days prior to award of the contract. Resolutions of award should reflect that the disclosure has been received and is on file. 4. The contractor must disclose contributions made to candidate and party committees covering a wide range of public agencies, including all public agencies that have elected officials in the county of the public agency, state legislative positions, and various state entities. The Division of Local Government Services recommends that contractors be provided a list of the affected agencies. This will assist contractors in determining the campaign and political committees of the officials and candidates affected by the disclosure. a) The Division has prepared model disclosure forms for each county. They can be downloaded from the “County PCD Forms” link on the Pay-to-Play web site at https://www.state.nj.us/dca/divisions/dlgs/programs/pay_2_play.html They will be updated from time-to-time as necessary. b) A public agency using these forms should edit them to properly reflect the correct legislative district(s). As the forms are county-based, they list all legislative districts in each county. Districts that do not represent the public agency should be removed from the lists. c) Some contractors may find it easier to provide a single list that covers all contributions, regardless of the county. These submissions are appropriate and should be accepted. d) The form may be used “as-is”, subject to edits as described herein. e) The “Contractor Instructions” sheet is intended to be provided with the form. It is recommended that the Instructions and the form be printed on the same piece of paper. The form notes that the Instructions are printed on the back of the form; where that is not the case, the text should be edited accordingly. f) The form is a Word document and can be edited to meet local needs, and posted for download on web sites, used as an e-mail attachment, or provided as a printed document. 5. It is recommended that the contractor also complete a “Stockholder Disclosure Certification.” This will assist the local unit in its obligation to ensure that contractor did not make any prohibited contributions to the committees listed on the Business Entity Disclosure Certification in the 12 months prior to the contract. (See Local Finance Notice 2006-7 for additional information on this obligation) A sample Certification form is part of this package and the instruction to complete it is included in the Contractor Instructions. NOTE: This section is not applicable to Boards of Education. 708 Page 37 of 46 C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM Contractor Instructions Business entities (contractors) receiving contracts from a public agency that are NOT awarded pursuant to a “fair and open” process (defined at N.J.S.A. 19:44A-20.7) are subject to the provisions of P.L. 2005, c. 271, s.2 (N.J.S.A. 19:44A-20.26). This law provides that 10 days prior to the award of such a contract, the contractor shall disclose contributions to: 1. any State, county, or municipal committee of a political party 2. any legislative leadership committee* 3. any continuing political committee (a.k.a., political action committee) 4. any candidate committee of a candidate for, or holder of, an elective office: 1. of the public entity awarding the contract 2. of that county in which that public entity is located 3. of another public entity within that county 4. or of a legislative district in which that public entity is located or, when the public entity is a county, of any legislative district which includes all or part of the county. The disclosure must list reportable contributions to any of the committees that exceed $300 per election cycle that were made during the 12 months prior to award of the contract. See N.J.S.A. 19:44A-8 and 19:44A-16 for more details on reportable contributions. N.J.S.A. 19:44A-20.26 itemizes the parties from whom contributions must be disclosed when a business entity is not a natural person. This includes the following: 5. individuals with an “interest” ownership or control of more than 10% of the profits or assets of a business entity or 10% of the stock in the case of a business entity that is a corporation for profit 6. all principals, partners, officers, or directors of the business entity or their spouses 7. any subsidiaries directly or indirectly controlled by the business entity 8. IRS Code Section 527 New Jersey based organizations, directly or indirectly controlled by the business entity and filing as continuing political committees, (PACs). When the business entity is a natural person, “a contribution by that person’s spouse or child, residing therewith, shall be deemed to be a contribution by the business entity.” [N.J.S.A. 19:44A-20.26(b)] The contributor must be listed on the disclosure. Any business entity that fails to comply with the disclosure provisions shall be subject to a fine imposed by ELEC in an amount to be determined by the Commission which may be based upon the amount that the business entity failed to report. The enclosed list of agencies is provided to assist the contractor in identifying those public agencies whose elected official and/or candidate campaign committees are affected by the disclosure requirement. It is the contractor’s responsibility to identify the specific committees to which contributions may have been made and need to be disclosed. The disclosed information may exceed the minimum requirement. The enclosed form, a content-consistent facsimile, or an electronic data file containing the required details (along with a signed cover sheet) may be used as the contractor’s submission and is disclosable to the public under the Open Public Records Act. The contractor must also complete the attached Stockholder Disclosure Certification. This will assist the agency in meeting its obligations under the law. NOTE: This section does not apply to Board of Education contracts. * N.J.S.A. 19:44A-3(s): “The term "legislative leadership committee" means a committee established, authorized to be established, or designated by the President of the Senate, the Minority Leader of the Senate, the Speaker 709 Page 38 of 46 of the General Assembly or the Minority Leader of the General Assembly pursuant to section 16 of P.L.1993, c.65 (C.19:44A-10.1) for the purpose of receiving contributions and making expenditures.” C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM Required Pursuant To N.J.S.A. 19:44A-20.26 This form or its permitted facsimile must be submitted to the local unit no later than 10 days prior to the award of the contract. Part I – Vendor Information Vendor Name: Address: City: State: Zip: The undersigned being authorized to certify, hereby certifies that the submission provided herein represents compliance with the provisions of N.J.S.A. 19:44A-20.26 and as represented by the Instructions accompanying this form. _________________________ ____________________ ____________________ Signature Printed Name Title Part II – Contribution Disclosure Disclosure requirement: Pursuant to N.J.S.A. 19:44A-20.26 this disclosure must include all reportable political contributions (more than $300 per election cycle) over the 12 months prior to submission to the committees of the government entities listed on the form provided by the local unit.  Check here if disclosure is provided in electronic form. Contributor Name Recipient Name Date Dollar Amount $  Check here if the information is continued on subsequent page(s) 710 Page 39 of 46 Continuation Page C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM Required Pursuant To N.J.S.A. 19:44A-20.26 Page ___ of ______ Vendor Name: Contributor Name Recipient Name Date Dollar Amount $  Check here if the information is continued on subsequent page(s) 711 Page 40 of 46 List of Agencies with Elected Officials Required for Political Contribution Disclosure N.J.S.A. 19:44A-20.26 County Name: State: Governor, and Legislative Leadership Committees Legislative District #s: State Senator and two members of the General Assembly per district. County: Freeholders County Clerk Sheriff {County Executive} Surrogate Municipalities (Mayor and members of governing body, regardless of title): USERS SHOULD CREATE THEIR OWN FORM, OR DOWNLOAD FROM WWW.NJ.GOV/DCA/LGS/P2P A COUNTY- BASED, CUSTOMIZABLE FORM. 712 Page 41 of 46 PROPOSAL FORM 19: STOCKHOLDER DISCLOSURE CERTIFICATION Name of Business:  I certify that the list below contains the names and home addresses of all stockholders holding 10% or more of the issued and outstanding stock of the undersigned. OR  I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the undersigned. Check the box that represents the type of business organization:  Partnership  Corporation  Sole Proprietorship  Limited Partnership  Limited Liability Corporation  Limited Liability Partnership  Subchapter S Corporation Sign and notarize the form below, and, if necessary, complete the stockholder list below. Stockholders: Name: Name: Home Address: Home Address: Name: Name: Home Address: Home Address: Name: Name: Home Address: Home Address: Subscribed and sworn before me this ___ day of ___________, 2 __. (Notary Public) My Commission expires: _________________________________ (Affiant) ________________________________ (Print name & title of affiant) (Corporate Seal) 713 Page 42 of 46 PROPOSAL FORM 20: GENERAL TERMS AND CONDITIONS ACCEPTANCE FORM Signature on the Vendor Contract Signature form certifies complete acceptance of the General Terms and Conditions in this solicitation, except as noted below (additional pages may be attached, if necessary). Check one of the following responses to the General Terms and Conditions:  We take no exceptions/deviations to the general terms and conditions (Note: If none are listed below, it is understood that no exceptions/deviations are taken.)  We take the following exceptions/deviations to the general terms and conditions. All exceptions/deviations must be clearly explained. Reference the corresponding general terms and conditions that you are taking exceptions/deviations to. Clearly state if you are adding additions terms and conditions to the general terms and conditions. Provide details on your exceptions/deviations below: (Note: Unacceptable exceptions shall remove your proposal from consideration for award. Region 10 ESC shall be the sole judge on the acceptance of exceptions/deviations and the decision shall be final.) 714 Page 43 of 46 PROPOSAL FORM 21: EQUALIS GROUP ADMINISTRATION AGREEMENT Requirements for Master Agreement To be administered by Equalis Group Attachment A, Equalis Group Administrative Agreement is used in administering Master Agreements with Region 10 and is preferred by Equalis Group. Redlined copies of this agreement should not be submitted with the response. Should a respondent be recommended for award, this agreement will be negotiated and executed between Equalis Group and the respondent. Respondents must select one of the following options for submitting their response. Respondent agrees to all terms and conditions outlined in each of the Administration Agreement. Respondent wishes to negotiate directly with Equalis Group on terms and conditions outlined in the Administration Agreement. Negotiations will commence after sealed Proposals are opened and Region 10 has determined the respondent met all requirements in their response and may be eligible for award. 715 Page 44 of 46 PROPOSAL FORM 22: OPEN RECORDS POLICY ACKNOWLEDGEMENT AND ACCEPTANCE OPEN RECORDS POLICY ACKNOWLEDGMENT AND ACCEPTANCE Be advised that all information and documents submitted will be subject to the Public Information Act requirements governed by Chapter 552 of the Texas Government Code. Because contracts are awarded by a Texas governmental entity, all responses submitted are subject to release as public information after contracts are executed. If a Respondent believes that its response, or parts of its response, may be exempted from disclosure to the public, the Respondent must specify page-by-page and line-by-line the parts of the response, which it believes, are exempted from disclosure. In addition, the Respondent must specify which exception(s) are applicable and provide detailed reasons to substantiate the exception(s). Respondent must provide this inform ation on the “Acknowledgement and Acceptance to Region 10 ESC’s Public Information Act Policy” form found on the next page of this solicitation. Any information that is unmarked will be considered public information and released, if requested under the Public Information Act. The determination of whether information is confidential and not subject to disclosure is the duty of the Office of Attorney General (OAG). Region 10 ESC must provide the OAG with the information requested in order for the OAG to render an opinion. In such circumstances, Respondent will be notified in writing that the material has been requested and delivered to the OAG. Respondent will have an opportunity to make arguments to the OAG in writing regarding the exception(s) to the TPIA that permit the information to be withheld from public disclosure. Respondents are advised that such arguments to the OAG must be specific and well-reasoned--vague and general claims to confidentiality by the Respondent are generally not acceptable to the OAG. Once the OAG opinion is received by Region 10 ESC, Region 10 ESC must comply with the opinions of the OAG. Region 10 ESC assumes no responsibility for asserting legal arguments on behalf of any Respondent. Respondents are advised to consult with their legal counsel concerning disclosure issues resulting from this procurement process and to take precautions to safeguard trade secrets and other proprietary information. After completion of award, these documents will be available for public inspection. Signature below certifies complete acceptance of Region 10 ESC’s Open Records Policy, except as noted below (additional pages may be attached, if necessary). Check one of the following responses to the Acknowledgment and Acceptance of Region 10 ESC’s Open Records Policy below:  We acknowledge Region 10 ESC’s Public Information Act policy and declare that no information submitted with this proposal, or any part of our proposal, is exempt from disclosure under the Public Information Act. (Note: All information believed to be a trade secret or proprietary must be listed below. It is further understood that failure to identify such information, in strict accordance with the instructions below, will result in that information being considered public information and released, if requested under the Public Information Act.)  We declare the following information to be a trade secret or proprietary and exempt from disclosure under the Public Information Act. (Note: Respondent must specify page-by-page and line-by-line the parts of the response, which it believes, are exempt. In addition, Respondent must specify which exception(s) are applicable and provide detailed reasons to substantiate the exception(s). Date Authorized Signature & Title 716 Page 45 of 46 PROPOSAL FORM 23: VENDOR CONTRACT AND SIGNATURE FORM The undersigned hereby proposes and agrees to furnish goods and/or services in strict compliance with the terms, specifications and conditions at the prices proposed within response unless noted in writing. The undersigned further certifies that he/she is an officer of the company and has authority to negotiate and bind the company named below and has not prepared this proposal in collusion with any other Respondent and that the contents of this proposal as to prices, terms or conditions of said proposal have not been communicated by the undersigned nor by any employee or agent to any person engaged in this type of business prior to the official opening of this proposal. VENDORS MUST SUBMIT THIS FORM COMPLETED AND SIGNED WITH THEIR RESPONSE TO BE CONSIDERED Company name Address City/State/Zip Telephone No. Fax No. Email address Printed name Position with company Authorized signature Term of contract July 1, 2024 to June 30, 2026 Unless otherwise stated, all contracts are for a period of two (2) years with an option to renew annually for an additional three (3) years if agreed to by Region 10 ESC. Vendor shall honor all administrative fees for any sales made based on the contract whether renewed or not. Region 10 ESC Authorized Agent Date Print Name Equalis Group Contract Number __________ 717 Page 46 of 46 Did you sign the vendor contract and signature form? If not, your Proposal will be rejected. Region 10 will negotiate any exceptions and both parties will agree upon which exceptions will be accepted or altered before the Region 10 board votes to accept or reject the proposals. 718 Page 1 of 34 ud REQUEST FOR PROPOSAL #R10-1166 FOR: Job Order Contracting March 28, 2024 Section Three: Part A – Vendor Contract and Signature Form Attachment A – Equalis Group Administrative Agreement Attachment C – State Notices 719 Page 2 of 34 SECTION THREE: PART A – VENDOR CONTRACT AND GENERAL TERMS AND CONDITIONS ................................ 3 VENDOR CONTRACT AND SIGNATURE FORM ................................................................................................... 3 1. ARTICLE 1 – GENERAL TERMS AND CONDITIONS ..................................................................................... 3 2. ARTICLE 2 – ANTICIPATED TERM OF AGREEMENT ....................................................................................... 4 3. ARTICLE 3 – REPRESENTATIONS AND COVENANTS ...................................................................................... 4 4. ARTICLE 4 – FORMATION OF CONTRACT ...................................................................................................... 4 5. ARTICLE 5 – TERMINATION OF CONTRACT ................................................................................................... 5 6. ARTICLE 6 – LICENSES ................................................................................................................................... 6 7. ARTICLE 7 – DELIVERY PROVISIONS .............................................................................................................. 6 8. ARTICLE 8 – BILLING AND REPORTING .......................................................................................................... 7 9. ARTICLE 9 – PRICING ...................................................................................................................................... 8 10. ARTICLE 10 – PRICING AUDIT ...................................................................................................................... 9 11. ARTICLE 11 – PROPOSER PRODUCT LINE REQUIREMENTS ......................................................................... 9 12. ARTICLE 12 – SITE REQUIREMENTS ........................................................................................................... 10 13. ARTICLE 13 – MISCELLANEOUS .................................................................................................................. 11 14. CONTRACT SIGNATURE FORM ................................................................................................................... 14 ATTACHMENT A – EQUALIS GROUP ADMINISTRATIVE AGREEMENT ................................................................. 15 SECTION 1. RECITALS ........................................................................................................................................ 15 SECTION 2. BUSINESS TERMS ........................................................................................................................... 16 SECTION 3. TERMS & CONDITIONS .................................................................................................................. 16 APPENDIX A: WINNING SUPPLIER REPORTING REQUIREMENTS .................................................................... 22 APPENDIX C: FINANCIAL TERMS ...................................................................................................................... 25 ATTACHMENT C: STATE NOTICE ........................................................................................................................... 26 720 Page 3 of 34 SECTION THREE: PART A – VENDOR CONTRACT AND GENERAL TERMS AND CONDITIONS VENDOR CONTRACT AND SIGNATURE FORM This Vendor Contract and Signature Form (“Contract”) is made as of July 1, 2024, by and between (“Vendor”) and Region 10 Education Service Center (“Region 10 ESC”) for the purchase of Job Order Contracting (“the products and services”). RECITALS WHEREAS, both parties agree and understand that the following pages will constitute the contract between the successful vendor(s) and Region 10 ESC, having its principal place of business at Education Service Center, Region 10, 400 E Spring Valley Rd, Richardson, TX 75081 WHEREAS, Vendor agrees to include, in writing, any required exceptions or deviations from these terms, conditions, and specifications; and it is further understood that if agreed to by Region 10 ESC, said exceptions or deviations will be incorporated into the final contract “Vendor Contract.” WHEREAS, this contract consists of the provisions set forth below, including provisions of all attachments referenced herein. In the event of a conflict between the provisions set forth below and those contained in any attachment, the provisions set forth below shall control. WHEREAS, the Vendor Contract will provide that any state, county, special district, local government, school district, private K-12 school, technical or vocational school, higher education institution (including community colleges, colleges and universities, both public and private), other government agencies or non-profit organization may purchase products and services at prices indicated in the Vendor Contract upon registering and becoming a Member with Region 10 ESC; and it being further understood that Region 10 ESC shall act as the Lead Public Agency with respect to all such purchase agreements. This process may be referred to as “piggybacking”, “cooperative purchasing”, “joint powers”, or other terminology depending on the specific state or agency location. WHEREAS, Equalis Group has the administrative and legal capacity to administer purchases on behalf of Region 10 ESC under the Vendor Contract with participating public agencies and entities, as permitted by applicable law. 1. ARTICLE 1 – GENERAL TERMS AND CONDITIONS 1.1 Equalis Group shall be afforded all of the rights, privileges and indemnifications afforded to Region 10 ESC under the Vendor Contract, and such rights, privileges and indemnifications shall accrue and apply with equal effect to Equalis Group, including, without limitation, Vendor’s obligation to provide insurance and other indemnifications to Lead Public Agency. 1.2 Awarded vendor shall perform all duties, responsibilities and obligations, set forth in this agreement, and required under the Vendor Contract. 1.3 Equalis Group shall perform its duties, responsibilities and obligations as administrator of purchases, set forth in this agreement, and required under the Vendor Contract. 721 Page 4 of 34 1.4 Customer Support: The vendor shall provide timely and accurate technical advice and sales support to Region 10 ESC staff, Equalis Group staff and participating agencies. The vendor shall respond to such requests within one (1) working day after receipt of the request. 2. ARTICLE 2 – ANTICIPATED TERM OF AGREEMENT 2.1 Term: The term of the Contract shall commence upon award and shall remain in effect for a period of two (2) years, unless terminated, canceled or extended as otherwise provided herein. The Contractor agrees that Region 10 ESC shall have the right, at its sole option, to renew the Contract for three (3) additional one-year periods or portions thereof. In the event that Region 10 ESC exercises such rights, all terms, conditions and provisions of the original Contract shall remain the same and apply during the renewal period with the possible exception of price and minor scope additions and/or deletions. 2.2 Automatic Renewal: Renewal will take place automatically for one (1) year unless Region 10 ESC gives written notice to the awarded supplier at least ninety (90) days prior to the expiration. 3. ARTICLE 3 – REPRESENTATIONS AND COVENANTS 3.1 Scope: This contract is based on the need to provide the economic benefits of volume purchasing and reduction in administrative costs through cooperative purchasing to schools and other Members. 3.2 Compliance: Cooperative Purchasing Agreements between Equalis Group and its Members have been established under state procurement law. 3.3 Vendor’s promise: Vendor agrees all prices, terms, warranties, and benefits granted by Vendor to Members through this contract are comparable to or better than the equivalent terms offered by Vendor to any present customer meeting the same qualifications or requirements. 4. ARTICLE 4 – FORMATION OF CONTRACT 4.1 Vendor contract documents: Region 10 ESC will review proposed Vendor contract documents. Vendor’s contract document shall not become part of Region 10 ESC’s contract with vendor unless and until an authorized representative of Region 10 ESC reviews and approves it. 4.2 Form of contract: The form of contract for this solicitation shall be the Request for Proposal, the awarded proposal(s) to the lowest responsible respondent(s), and properly issued and reviewed purchase orders referencing the requirements of the Request for Proposal. If a vendor submitting a proposal requires Region 10 ESC and/or Member to sign an additional agreement, a copy of the proposed agreement must be included with the proposal. 4.3 Entire Agreement (Parol evidence): The contract, as specified above, represents the final written expression of agreement. All agreements are contained herein and no other agreements or representations that materially alter it are acceptable. 4.4 Assignment of Contract: No assignment of contract may be made without the prior written approval of Region 10 ESC. Purchase orders and payment can only be made to awarded vendor unless otherwise approved by Region 10 ESC. Awarded vendor is required to notify Region 10 ESC when any material change in operations is made that may adversely affect Members (i.e. awarded vendor bankruptcy, change of ownership, merger, etc.). 4.5 Contract Alterations: No alterations to the terms of this contract shall be valid or binding unless authorized and signed with a “wet signature” by a Region 10 ESC staff member. 4.6 Order of precedence: In the event of a conflict in the provisions of the contract as accepted by Region 10 ESC, the following order of precedence shall prevail: 722 Page 5 of 34 • General terms and conditions • Specifications and scope of work • Attachments and exhibits • Documents referenced or included in the solicitation 4.7 Supplemental Agreements: The entity participating in the Region 10 ESC contract and awarded vendor may enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in this contract i.e. invoice requirements, ordering requirements, specialized delivery, etc. Any supplemental agreement developed as a result of this contract is exclusively between the participating entity and awarded vendor. Neither Region 10 ESC, Equalis Group, its agents, Members and employees shall be made party to any claim for breach of such agreement. 5. ARTICLE 5 – TERMINATION OF CONTRACT 5.1 Cancellation for cause: If, for any reason, the Vendor fails to fulfill its obligation in a timely manner, or if the vendor violates any of the covenants, agreements, or stipulations of this contract, Region 10 ESC reserves the right to terminate the contract immediately and pursue all other applicable remedies afforded by law. Such termination shall be effective by delivery of notice, to the vendor, specifying the effective date of termination. In such event, participating Member shall retain sole ownership of all data or intellectual property provided to vendor for the performance of services, as well as any material, reports, or data which the participating Member has already paid the vendor for. Vendor shall retain sole ownership of its own intellectual property and may reclaim or otherwise remove access to any material the participating Member has not paid for.. If such event does occur, then vendor will be entitled to receive just and equitable compensation for the satisfactory work completed. 5.2 Delivery/Service failures: Region 10 ESC may issue a written deficiency notice to contractor for acting or failing to act in any of the following: i. Providing material that does not meet the specifications of the contract; ii. Providing work and/or material that was not awarded under the contract; iii. Failing to adequately perform the services set forth in the scope of work and specifications; iv. Failing to complete required work or furnish required materials within a reasonable amount of time; v. Failing to make progress in performance of the contract and/or giving Region 10 ESC reason to believe that contractor will not or cannot perform the requirements of the contract; and/or vi. Performing work or providing services under the contract prior to receiving a purchase order for such work. Upon receipt of a written deficiency notice, contractor shall have ten (10) days to provide a satisfactory response to Region 10 ESC. Failure to adequately address all issues of concern may result in contract cancellation. Failure to deliver goods or services within the time specified or within a reasonable time period as interpreted by the purchasing agent, or failure to make replacements or corrections of rejected articles/services when so requested shall constitute grounds for the contract to be terminated. In the event that the participating Member must purchase in an open market, contractor agrees to reimburse the participating Member, within a reasonable time period, for all expenses incurred. 723 Page 6 of 34 5.3 Force Majeure: If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, act of public enemy, orders of any kind of government of the United States or the State of Texas or any civil or military authority; insurrections; riots; epidemics; landslides; lighting; earthquake; fires; hurricanes; storms; floods; washouts; droughts; arrests; restraint of government and people; civil disturbances; explosions, breakage or accidents to machinery, pipelines or canals, or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable in the judgment of the party having the difficulty 5.4 Cancellation for convenience: Either party may cancel this contract in whole or in part by providing written notice. The cancellation will take effect 90 business days after the other party receives the notice of cancellation. After the 90th business day all work will cease following completion of final purchase order. Region 10 ESC reserves the right to request additional items not already on contract at any time. 6. ARTICLE 6 – LICENSES 6.1 Duty to keep current license: Vendor shall maintain in current status all federal, state and local licenses, bonds and permits required for the operation of the business conducted by vendor. Vendor shall remain fully informed of and in compliance with all ordinances and regulations pertaining to the lawful provision of services under the contract. Region 10 ESC reserves the right to stop work and/or cancel the contract of any vendor whose license(s) expire, lapse, are suspended or terminated. 6.2 Suspension or Debarment: Vendor shall provide a letter in the proposal notifying Region 10 ESC of any debarment, suspension or other lawful action taken against them by any federal, state, or local government within the last five (5) years that precludes Vendor or its employees from participating in any public procurement activity. The letter shall state the duration of the suspension or action taken, the relevant circumstances and the name of the agency imposing the suspension. Failure to supply or disclose this information may be grounds for cancellation of contract. 6.3 Survival Clause: All applicable software license agreements, warranties or service agreements that were entered into between Vendor and Customer/participating Member under the terms and conditions of the Contract shall survive the expiration or termination of the Contract. All Purchase Orders issued and accepted by Order Fulfiller shall survive expiration or termination of the Contract. 7. ARTICLE 7 – DELIVERY PROVISIONS 7.1 Delivery: Vendor shall deliver physical materials purchased on this contract to the participating Member issuing a Purchase Order. Conforming product shall be shipped within the timeframe agreed upon by the participating Member. If delivery is not or cannot be made within the time 724 Page 7 of 34 specified by the Purchase Order the vendor must receive authorization from the participating Member for the delayed delivery, at which time the participating Member may cancel the order if estimated shipping time is not acceptable. 7.2 Inspection & Acceptance: If defective or incorrect material is delivered, participating Member may make the determination to return the material to the vendor at no cost to the participating Member. The vendor agrees to pay all shipping costs for the return shipment. Vendor shall be responsible for arranging the return of the defective or incorrect material. 7.3 Responsibility for supplies tendered: Vendor shall be responsible for the materials or supplies covered by this contract until they are delivered to the designated delivery point. 7.4 Shipping Instructions: Each case, crate, barrel, package, etc, delivered under this contract must be plainly labeled, securely tagged, and delivered in the place and time designated by the participating Member in their Purchase Order or by other mutual agreement. 7.5 Additional charges: Unless bought on F.O.B. “shipping point” and Vendor prepays transportation, no delivery charges shall be added to invoices except when express delivery is authorized and substituted on orders for the method specified in the contract. In such cases, the difference between freight or mail and express charges may be added to the invoice. 7.6 Buyer’s delays: Region 10 ESC will not be responsible for any late fees due the prime contractor by the participating Member. The prime contractor will negotiate with the participating Member for the recovery of damages related to expenses incurred by the vendor for a delay for which the Member is responsible, which is unreasonable, and which was not within the contemplation of the parties to the contract between the two parties. 8. ARTICLE 8 – BILLING AND REPORTING 8.1 Payments: The participating entity using the contract will make payments directly to the awarded vendor. Payment shall be made after satisfactory performance, in accordance with all provisions thereof, and upon receipt of a properly completed invoice. 8.2 Tax Exempt Status: Since this is a national contract, knowing the tax laws in each state is the sole responsibility of the Vendor. 8.3 Progress payments: Progress payments may be made by the participating agency to the contractor on the basis of a duly certified and approved estimate of the work performed during the preceding month, if both parties agree to such payment schedule. All progress payments must be invoiced to the participating member. It is the responsibility of the member to review and approve any estimates of work completed. If the member issues a written statement to the Respondent that the estimate of work is not approved and certified, the member may withhold an amount from the progress payment that the member reasonably expects to incur in correcting the deficiency set forth in the written finding, as permitted by applicable State law. In such cases, the Respondent agrees to hold member harmless for any deficiency payment. The prime contractor must agree to pay any subcontractors or material vendors within seven (7) days of their receipt of the progress payment, unless otherwise agreed on in writing between the parties involved. The contractor shall pay Equalis Group progress payments in accordance with this paragraph. At the time all bonds are in place, the prime contractor and the participating member will agree upon a schedule of payments based on identifiable milestones. Acceptance of final payment tis a waiver of all claims except unsettled claims previously made in writing. 725 Page 8 of 34 8.4 Performance and Payment Bonds (in applicable states): Upon execution of a contract between participating agency and prime contractor, performance and payment bonds shall be provided to the member as required by pertinent state law. The prime contractor agrees to notify the participating member in writing of this requirement before accepting any work orders. If the prime contractor fails to deliver any required performance or payment bonds, the contract with Regino 10 ESC may be terminated. The contractor may be asked to supply copies of performance and payment bonds to Region 10 ESC for administrative purposes. An irrevocable payment bond in an amount equal to 100% of the price specified in the contract between the prime contractor and the participating member shall be executed by a surety company authorized to do business in the state of the member or in the ruling jurisdiction of the member. This bond will protect all persons supplying labor and material to the prime contractor for the performance of the work provided in the contract. Such bonds are taxable at the contractor’s tax rate. An irrevocable performance bond in an amount equal to 100% of the price specified in the contract between the participating member and the prime contractor shall be executed by a surety company authorized to do business in the state of the member or the ruling jurisdiction of the member. 8.5 Retention: When fifty (50) percent of the work is completed, one half of the amount retained shall be paid to the prime contractor if the prime contractor requests payment and if the participating member is satisfied with the progress of the work. After the work is fifty (50) percent completed, no more than five percent of the amount of any subsequent progress payments shall be retained, unless the governing board of the participating member determines satisfactory progress is not being made, at which point ten percent retention shall be reinstated. Ten (10) percent of all contract payments shall be retained by the participating member as insurance of proper performance of the prime contractor. Participating member shall deposit retained amounts into an interest-bearing account, if required by applicable law governing the participating member. Interest earned on the retained amounts shall be paid to the prime contractor upon completion of the project, or as otherwise required by applicable governing the participating member. Prime contractor agrees to identify the amount to be retained on invoices to participating member for each progress payment. If the participating member and the prime contractor agree to a substitute security, the prime contractor must provide participating member with a signed and acknowledged waiver of any right or power of the obligor to set off any claim against the member. 9. ARTICLE 9 – PRICING 9.1 Market competitive guarantee: Vendor agrees to provide market competitive pricing, based on the value offered upon award, to Region 10 ESC and its participating public agencies throughout the duration of the contract. 9.2 Price increase: Should it become necessary or proper during the term of this contract to make any change in design or any alterations that will increase expense, Region 10 ESC must be notified immediately. Price increases must be approved by Region 10 ESC and no payment for additional materials or services, beyond the amount stipulated in the contract, shall be paid without prior approval. All price increases must be supported by manufacture documentation, or a formal cost justification letter. 726 Page 9 of 34 Vendor must honor previous prices for thirty (30) days after approval and written notification from Region 10 ESC if requested. It is Vendor’s responsibility to keep all pricing up to date and on file with Region 10 ESC. All price changes must be provided to Region 10 ESC, using the same format as was accepted in the original contract. 9.3 Additional Charges: All deliveries shall be freight prepaid, F.O.B. destination and shall be included in all pricing offered unless otherwise clearly stated in writing. 9.4 Price reduction and adjustment: Price reduction may be offered at any time during contract. Special, time-limited reductions are permissible under the following conditions: 1) reduction is available to all Members equally; 2) reduction is for a specific time period, normally not less than thirty (30) days; and 3) original price is not exceeded after the time-limit. Vendor shall offer Region 10 ESC any published price reduction during the contract period. 9.5 Prevailing Wage: It shall be the responsibility of the Vendor to comply, when applicable, with the prevailing wage legislation in effect in the jurisdiction of the purchaser (Region 10 ESC or its Participating Members). It shall further be the responsibility of the Vendor to monitor the prevailing wage rates as established by the appropriate Department of Labor for any increase in rates during the term of this contract and adjust wage rates accordingly. 9.6 Administrative Fees: The Vendor agrees to pay administrative fees to Equalis Group based on the terms set in the Equalis Group Administration Agreement. All pricing submitted to Region 10 shall include the administrative fee to be remitted to Equalis Group by the awarded vendor. 9.7 Price Calculation: Cost plus a percentage as a primary mechanism to calculate pricing is not allowed. Pricing may either be in the form of line item pricing, defined as a specific individual price on a product or service, or a percentage discount from a verifiable catalog or price list. Other discounts or incentives may be offered. 10. ARTICLE 10 – PRICING AUDIT 10.1 Audit rights: Vendor shall, at Vendor’s sole expense, maintain appropriate due diligence of all purchases made by Region 10 ESC and any participating entity that accesses this Agreement. Equalis Group and Region 10 ESC each reserve the right to audit the accounting for a period of three (3) years from the time such purchases are made. This audit right shall survive termination of this Agreement for a period of one (1) year from the effective date of termination. In the State of New Jersey, this audit right shall survive termination of this Agreement for a period of five (5) years from the date of final payment. Such records shall be made available to the New Jersey Office of the State Comptroller upon request. Region 10 ESC shall have the authority to conduct random audits of Vendor’s pricing that is offered to eligible entities at Region 10 ESC's sole cost and expense. Notwithstanding the foregoing, in the event that Region 10 ESC is made aware of any pricing being offered to eligible agencies that is materially inconsistent with the pricing under this agreement, Region 10 ESC shall have the ability to conduct an extensive audit of Vendor’s pricing at Vendor’s sole cost and expense. Region 10 ESC may conduct the audit internally or may engage a third-party auditing firm. In the event of an audit, the requested materials shall be provided in the format and at the location designated by Region 10 ESC or Equalis Group. 11. ARTICLE 11 – PROPOSER PRODUCT LINE REQUIREMENTS 11.1 Current products: Proposals shall be for products and services in current production and marketed to the general public and education/government agencies at the time the proposal is submitted. 727 Page 10 of 34 11.2 Discontinued products: If a product or model is discontinued, Vendor may substitute a new product or model if the replacement product meets or exceeds the specifications and performance of the discontinued model and if the discount is the same or greater than the discontinued model. 11.3 New products/Services: New products and/or services that meet the scope of work may be added to the contract. Pricing shall be equivalent to the percentage discount for other products. Vendor may replace or add product lines to an existing contract if the line is replacing or supplementing products on contract, is equal or superior to the original products offered, is discounted in a similar or to a greater degree, and if the products meet the requirements of the solicitation. No products and/or services may be added to avoid competitive procurement requirements. Region 10 ESC may require additions to be submitted with documentation from Participating Members demonstrating an interest in, or a potential requirement for, the new product or service. Region 10 ESC may reject any additions without cause. 11.4 Options: Optional equipment for products under contract may be added to the contract at the time they become available under the following conditions: 1) the option is priced at a discount similar to other options; 2) the option is an enhancement to the unit that improves performance or reliability. 11.5 Product line: Vendors with a published catalog may submit the entire catalog. Region 10 ESC reserves the right to select products within the catalog for award without having to award all contents. Region 10 ESC may reject any addition of equipment options without cause. 11.6 Warranty conditions: All supplies, equipment and services shall include manufacturer's minimum standard warranty and one (1) year labor warranty unless otherwise agreed to in writing. 11.7 Buy American requirement: Vendors may only use unmanufactured construction material mined or produced in the United States, as required by the Buy American Act. Where trade agreements apply, to the extent permitted by applicable law, then unmanufactured construction material mined or produced in a designated country may also be used. Vendors are required to check state specific requirements to ensure compliance with this requirement. 11.8 Domestic preference: Region 10 ESC prefers the purchase, acquisition, or use of goods, products, or materials produced in the United States. 12. ARTICLE 12 – SITE REQUIREMENTS 12.1 Cleanup: Vendor shall clean up and remove all debris and rubbish resulting from their work as required or directed by Member. Upon completion of the work, the premises shall be left in good repair and an orderly, neat, clean and unobstructed condition conducive to the Member’s business purpose. 12.2 Site Preparation: Vendor shall not begin a project for which Participating Member has not prepared the site, unless Vendor does the preparation work at no cost, or until Participating Member includes the cost of site preparation in a purchase order to the contractor. Site preparation includes, but is not limited to moving furniture, moving equipment or obstructions to the work area, installation of wiring for networks or any other necessary pre-installation requirements. 12.3 Registered sex offender restrictions: For work to be performed at schools, Vendor agrees that no employee or employee of a subcontractor who has been adjudicated to be a registered sex offender will perform work at any time when students are or are reasonably expected to be present. Vendor agrees that a violation of this condition shall be considered a material breach and may result in the cancellation of the purchase order at the Participating Member’s discretion. Vendor must identify any additional costs associated with compliance of this term. If no costs are specified, compliance with this term will be provided at no additional charge. Vendor is also responsible for ensuring that their employees or contractors who have direct contact with students are properly fingerprinted and background checked in accordance with local state law, if applicable. 728 Page 11 of 34 12.4 Safety measures: Vendor shall take all reasonable precautions for the safety of employees on the worksite and shall erect and properly maintain all necessary safeguards for protection of workers and the public. Vendor shall post warning signs against all hazards created by its operation and work in progress. Proper precautions shall be taken pursuant to state law and standard practices to protect workers, general public and existing structures from injury or damage. 12.5 Smoking/Tobacco: Persons working under the contract shall adhere to local tobacco and smoking (including e-cigarettes/vaping) policies. Smoking will only be permitted in posted areas or off premises. 12.6 Stored materials: Upon prior written agreement between the vendor and Member, payment may be made for materials not incorporated in the work but delivered and suitably stored at the site or some other location, for installation at a later date. An inventory of the stored materials must be provided to Participating Member with the application for payment seeking compensation for stored materials. Such materials must be stored and protected in a secure location and be insured for their full value by the vendor against loss and damage. Vendor agrees to provide proof of coverage and/or addition of Participating Member as an additional insured upon Participating Member’s request. Additionally, if stored offsite, the materials must also be clearly identified as property of buying Participating Member and be separated from other materials. Participating Member must be allowed reasonable opportunity to inspect and take inventory of stored materials, on or offsite, as necessary. Until final acceptance by the Participating Member, it shall be the Vendor's responsibility to protect all materials and equipment. Vendor warrants and guarantees that title for all work, materials and equipment shall pass to the Member upon final acceptance. 12.7 Maintenance Facilities and Support: It is preferred that each contractor should have maintenance facilities and a support system available for servicing and repair of product and/or equipment. If a third party is to be used to provide maintenance and support to the participating Member, Vendor must notify Region 10 ESC of that third party information. All technicians, applicators, installers shall be fully certified, trained and licensed to perform said duties. 13. ARTICLE 13 – MISCELLANEOUS 13.1 Funding Out Clause: Any/all contracts exceeding one (1) year shall include a standard “funding out” clause. A contract for the acquisition, including lease, of real or personal property is a commitment of the entity’s current revenue only, provided the contract contains either or both of the following provisions: “Retains to the entity the continuing right to terminate the contract at the expiration of each budget period during the term of the contract and is conditioned on a best efforts attempt by the entity to obtain appropriate funds for payment of the contract in the subsequent fiscal year.” 13.2 Disclosures: Vendor affirms that he/she has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with this contract. 13.2.1 Vendor has a continuing duty to disclose a complete description of any and all relationships that might be considered a conflict of interest in doing business with Members in Equalis Group. 13.2.2 Vendor affirms that, to the best of his/her knowledge, the offer was arrived at independently, and was submitted without collusion with anyone to obtain information or gain any favoritism that would in any way limit competition or give an unfair advantage over other vendors in the award of this contract. 729 Page 12 of 34 13.3 Indemnity: Vendor shall protect, indemnify, and hold harmless both Region 10 ESC and Equalis Group and its Members, administrators, employees and agents against all claims, damages, losses and expenses arising out of or resulting from the actions of Vendor, Vendor employees or Vendor subcontractors in the preparation of the solicitation and the later execution of the contract, including any supplemental agreements with Members. Any litigation involving either Region 10 ESC or Equalis Group, its administrators and employees and agents shall be in a court of competent jurisdiction in Dallas County, Texas. Texas law shall apply to any such suit, without giving effect to its choice of laws provisions. Any litigation involving Equalis Group participating Members shall be in the jurisdiction of the participating Member. 13.4 Franchise Tax: Vendor hereby certifies that he/she is not currently delinquent in the payment of any required franchise taxes, and shall remain current on any such franchise taxes throughout the term of this contract. 13.5 Marketing: Vendor agrees to allow Region 10 ESC and Equalis Group to use their name and logo within website, marketing materials and advertisement. Any use of the Region 10 ESC or Equalis Group name and logo or any form of publicity, inclusive of press releases, regarding this contract by Vendor must have prior approval from Region 10 ESC. 13.6 Insurance: Unless otherwise modified elsewhere in this document, prior to commencing services under this contract for a participating Member, contractor shall procure, provide and maintain during the life of this agreement comprehensive public liability insurance to include course of construction insurance and automobile liability, providing limits of not less than $1,000,000.00 per occurrence. The insurance form will be an “all risk” type of policy with standard exclusions. Coverage will include temporary structures, scaffolding, temporary office trailers, materials, and equipment. Contractor shall pay for the deductibles required by the insurance provided under this agreement. 13.6.1 Certificates of insurance shall be delivered to the Member prior to commencement of work. The insurance company shall be licensed to do business and write the appropriate lines of insurance in the applicable state in which work is being conducted. Vendor shall give the participating entity a minimum of ten (10) days’ notice prior to any modifications or cancellation of policies. Vendor shall require all subcontractors performing any work to maintain coverage as specified. 13.6.2 Prior to commencing any work under this contract, any subcontractor shall also procure, provide, and maintain, at its own expense until final acceptance of the work performed, insurance coverage in a form acceptable to the prime contractor. All subcontractors shall provide worker’s compensation insurance which waives all subrogation rights against the prime contractor and Member. 13.7 Subcontracts/Sub Contractors: If Vendor serves as prime contractor, it shall notify participating agency of any/all subcontract proposed to complete the work prior to commencing work on the project. The Vendor shall provide notification in a timely manner, allowing the participating agency sufficient time for requisite review. Participating agencies explicitly reserve the right to reject any proposed subcontractor. Pursuant to relevant legal provisions, participating public agencies retain the right to request verification of compliance and to confirm said compliance from any subcontractor engaged in activities under this Agreement. Any/all subcontracts selected by Vendor shall abide by the terms and conditions of this contract and the solicitation. 13.7.1 No subcontract relationships shall be entered into with a party not licensed to do business in the jurisdiction in which the work will be performed. Contractor must use subcontractors openly, include such arrangements in the proposal, and certify upon request that such use 730 Page 13 of 34 complies with the rules associated with the procurement codes and statutes in the state in which the contractor is conducting business. 13.7.2 Contractor agrees to pay subcontractors in a timely manner. Failure to pay subcontractors for work faithfully performed and properly invoiced may result in suspension or termination of this contract. Prior to participating Member’s release of final retained amounts, Contractor shall produce verified statements from all subcontractors and material suppliers that those entities have been paid in full amounts due and owing to them. 13.8 Legal Obligations: It is the Vendor’s responsibility to be aware of and comply with all local, state, and federal laws governing the sale of products/services identified in this RFP and any awarded contract and shall comply with all while fulfilling the RFP. Applicable laws and regulations must be followed even if not specifically identified herein. [Signatures follow on Signature Form] 731 Page 14 of 34 14. CONTRACT SIGNATURE FORM Please note: A copy of the Contract Signature Form has been provided in Section 2; Proposal Submission and Required Forms The undersigned hereby proposes and agrees to furnish goods and/or services in strict compliance with the terms, specifications and conditions at the prices proposed within response unless noted in writing. The undersigned further certifies that he/she is an officer of the company and has authority to negotiate and bind the company named below and has not prepared this proposal in collusion with any other Respondent and that the contents of this proposal as to prices, terms or conditions of said proposal have not been communicated by the undersigned nor by any employee or agent to any person engaged in this type of business prior to the official opening of this proposal. VENDORS MUST SUBMIT THIS FORM AS PROVIDED IN SECTION 2 COMPLETED AND SIGNED WITH THEIR RESPONSE TO BE CONSIDERED Prices are guaranteed: 120 days Company name Address City/State/Zip Telephone No. Fax No. Email address Printed name Position with company Authorized signature Term of contract July 1,2024 to June 30, 2026 Unless otherwise stated, all contracts are for a period of two (2) years with an option to renew annually for an additional three (3) years if agreed to by Region 10 ESC. Vendor shall honor all administrative fees for any sales made based on the contract whether renewed or not. Region 10 ESC Authorized Agent Date Print Name Equalis Group Contract Number __________ 732 Page 15 of 34 ATTACHMENT A – EQUALIS GROUP ADMINISTRATIVE AGREEMENT NOTE: This agreement is provided as a model agreement which winning supplier will enter into upon award with Equalis Group. Respondents are asked not to respond with redlines for this model contract. Respondent should complete the Equalis Group Administration Agreement Declaration form found in section two of the Proposal Submission and Required Forms document. In this form, the respondent will need to indicate acceptance of these terms, or if they wish to negotiate. THIS ADMINISTRATION AGREEMENT (this "Agreement"), effective as of July 1, 2024 (the “Effective Date”), is entered into by and between Winning Supplier, (“Winning Supplier”) and Equalis Group LLC, a Delaware limited liability company with its principal place of business at 5540 Granite Parkway, Suite 200, Plano, Texas 75024 (“Equalis”). Throughout this Agreement, Winning Supplier and Equalis are referred to interchangeably as in the singular “Party” or in the plural “Parties.” SECTION 1. RECITALS A. Education Service Center, Region 10 (“Region 10”) serves as a lead public agency (a “Lead Public Agency”) for Equalis Group (“Equalis Group”), a national cooperative purchasing organization, by publicly procuring master group purchasing agreements for products and services to be made available to Equalis Group members (“Equalis Group Member” or “Member”). B. Region 10 issued request for proposal (“RFP”) #R10-1166 on behalf of Region 10 and Equalis Group Members for Job Order Contracting (“Products & Services”) and awarded a contract to Winning Supplier. C. Region 10 and Winning Supplier entered into that certain master group purchasing agreement (the “Master Agreement”) #contract number effective as of July 1, 2024 to provide Products & Services to Equalis Group Members. D. The Master Agreement and this Agreement, together with all attachments, appendices, and exhibits hereto, constitutes the entire agreement between the Parties. E. Equalis Group serves as the contract administrator of the Master Agreement on behalf of Region 10. F. Equalis actively promotes Master Agreements to current and prospective Equalis Group Members (collectively “Prospective Participants”) through a range of marketing, prospecting, and sales strategies, including, but not limited to, marketing and sales collateral development, direct mail, web marketing, electronic communications, attendance at events, Winning Supplier sales representative training, and Winning Supplier field sales support (collectively, “Equalis Services”) as more fully defined in Appendix B. G. Any Prospective Participant who purchases Products & Services from Winning Supplier subject to the Master Agreement shall be considered a “Program Participant”. H. Winning Supplier desires to promote and expand its operations and increase the sales of its Products & Services to public sector, private sector, and non-profit organizations through Equalis Group. 733 Page 16 of 34 NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties agree to the following terms and conditions: SECTION 2. BUSINESS TERMS Defined Terms. Any capitalized terms contained herein not defined in this Agreement shall have the same meaning as defined in the Master Agreement. Appendices. The appendices attached hereto are made a part of this Agreement (if one, an “Appendix” or more, “Appendices”). Appendix A defines Winning Supplier’s reporting requirements. Appendix B sets forth the roles and responsibilities of the Parties. Appendix C defines the financial terms between the Parties. Terms in Appendices. In all cases where the terms of this Agreement and any Appendices disagree, the terms in the Appendix shall control. Publicity & Joint Marketing. Publicity. A Party may only issue press releases or other public announcements with respect to this Agreement with the prior, written consent of the other Party. Joint Marketing / Logo & Name Use. Winning Supplier authorizes Equalis to use Winning Supplier’s trademarks, names, and logos as provided by Winning Supplier to Equalis. Equalis authorizes Winning Supplier to use Equalis’ trademarks, names, and logos as provided by Equalis to Winning Supplier. Each Party’s use of the other Party’s trademarks, names, and logos will be limited to standard communication, including correspondence, newsletters, and website material, and joint marketing efforts, including, but not limited to, utilizing the same on correspondence, collateral, agreements, websites, newsletters, or other marketing materials promoting the Products & Services pursuant to the Master Agreement and this Agreement. Notwithstanding the foregoing, the Parties understand and agree that except as provided herein, neither Party shall have any right, title, or interest in the other Party’s trademarks, names, and logos. Upon termination of this Agreement, each Party shall immediately cease use of the other Party’s trademarks, names, and logos. SECTION 3. TERMS & CONDITIONS Contract Administration. Equalis Group shall perform all of its duties, responsibilities and obligations as contract administrator of the Master Agreement on behalf of Region 10, and Supplier hereby acknowledges 734 Page 17 of 34 and agrees that all duties, responsibilities and obligations will be undertaken by Equalis Group solely in its capacity as the contract administrator under the Master Agreement. Express Limitation of Equalis Liability. With respect to any purchases of Products & Services by Region 10 or any Program Participant pursuant to the Master Agreement, Equalis shall not be: (i) construed as a, re- marketer, representative, partner, or agent of any type of the Winning Supplier, Region 10, or any Program Participant; (ii) obligated by, liable for, or in any way responsible for any order of Products & Services made by Region 10 or any Program Participant or any employee thereof under the Master Agreement or for any payment required to be made with respect to such order for Products & Services; and (iii) obligated by, liable for, or in any way responsible for any failure by Region 10 or any Program Participant to comply with procedures or requirements of applicable law or the Master Agreement or to obtain the due authorization and approval necessary to purchase Products & Services under the Master Agreement. Equalis makes no representation or guaranty with respect to any minimum purchases by Region 10 or any Program Participant, whether individually or collectively, or any employee thereof under this Agreement or the Master Agreement. The terms of this section shall survive the termination of this Agreement. Indemnification. Equalis Group shall be afforded all of the rights, privileges and indemnifications afforded to Lead Agency by or from Supplier under the Lead Agency Agreement, and such rights, privileges and indemnifications shall accrue and apply with equal effect to Equalis Group, its agents, employees, directors, and representatives under this Agreement including, but not limited to, the Supplier’s obligation to provide appropriate insurance. Term & Termination. The Term of this Agreement is the same as the Term of the Region 10 Master Agreement. This Agreement shall be terminated, if and when the Master Agreement is terminated. Upon termination of the Master Agreement for any reason, Winning Supplier shall continue making Administrative Fee and other payments, as set forth in Appendix C, to Equalis that are generated by individual Program Participant’s purchase of Products & Services for a period of either i) one (1) year from the date of termination, or ii) through the then current expiration date of the Master Agreement, whichever is shorter, to the extent that Winning Supplier continues to generate revenue from each Program Participant’s purchase of Products & Services following the termination of the Master Agreement. Audit of Winning Supplier. Equalis, whether directly or through an independent auditor or accounting firm, shall have the right to perform audits, including inspection of books, records, and computer data relevant to Winning Supplier’s provision of Products & Services to Program Participants and payment of Administrative Fees to Equalis, pursuant to the Master Agreement and this Administration Agreement, to ensure that pricing, inventory, quality, process, and business controls are maintained; provided, however, that such inspections and audits will be conducted upon reasonable notice to Winning Supplier and so as not to unreasonably interfere with Winning Supplier’s business or operations. 735 Page 18 of 34 Notices. All notices, claims, certificates, requests, demands, and other communications required or permitted hereunder (“Notice”) must be in writing and will be deemed given to the addresses set forth herein (a) when delivered personally to the recipient, (b) upon delivery by reputable overnight courier service (charges prepaid), or (c) upon delivery or refusal of delivery by certified or registered mail, return receipt requested, and addressed to the intended recipient. The Parties agree that day-to-day business communications, including notification of a change of address or revisions to any Appendix, may be made via electronic communication, including email. Addresses for Notices. This section may be modified at any time by either Party providing the other Party with written Notice, including via email, of a change of address or addition or deletion to the individuals who will be copied on all Notices. If to Winning Supplier: Name / Title: ____________________________________________________ Street Address: ____________________________________________________ City/St/Zip: ____________________________________________________ If to Equalis: Equalis Group LLC Attn: Eric Merkle, SVP 5540 Granite Parkway, Suite 200 Plano, Texas 75024 Waiver and Modification. This Agreement may not be amended, changed, modified, or altered without the prior written consent of the parties hereto, and no provision of this Agreement may be discharged or waived, 736 Page 19 of 34 except by a writing signed by the parties. A waiver of any particular provision will not be deemed a waiver of any other provision, nor will a waiver given on one occasion be deemed to apply to any other occasion. Governing Law; Invalidity. This Agreement shall be construed and enforced in accordance with, and governed by, the laws of the State of Texas without regard to rules of conflict of laws. If any provision of this Agreement is declared unlawful or unenforceable by judicial determination or performance, then the remainder of this Agreement shall continue in force as if the invalidated provision did not exist. Any suits filed by either Party pursuant to this Agreement shall be brought in a court of competent jurisdiction located in Richardson, Dallas County, Texas. In the event either Party initiates a suit and that suit is adjudicated by a court of competent jurisdiction, the prevailing Party shall be entitled to reasonable attorney’s fees and costs from the non- prevailing Party in addition to any other relief to which the court determines the prevailing Party is entitled or awarded. Assignment. This Agreement and the rights and obligations hereunder may not be assignable by either Party hereto without the prior written consent of the other Party, which consent shall not be unreasonably withheld, conditioned, or delayed, provided, however, that either Party may assign its respective rights and obligations under this Agreement without the consent of the other Party in the event either Party shall hereafter effect a corporate reorganization, consolidation, merger, merge into, sale to, or a transfer of all or substantially all of its properties or assets to another entity. Subject to the preceding sentence, this Agreement will be binding upon, inure to the benefit of, and be enforceable by the Parties and their respective successors and assigns. Any instrument purporting to make an assignment in violation of this section shall be null and void. This Agreement may be extended to additional entities affiliated with either Party upon the agreement of the other Party. No such extension will relieve the extending Party of its rights and obligations under this Agreement. No Third-Party Beneficiaries; Survival of Representations. This Agreement is made solely for the benefit of the Parties to it, and no other persons will acquire or have any right under or by virtue of this Agreement. Except as otherwise provided herein, all representations, warranties, covenants, and agreements of the Parties shall remain in full force and effect regardless of any termination of this Agreement, in whole or in part. Entire Agreement. The Region 10 Master Agreement and this Agreement, together with all attachments, appendices, and exhibits hereto, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior oral or written representations and agreements with regard to the same subject matter. The Parties acknowledge that this Agreement has been negotiated and incorporates their collective agreement as to the provisions to be contained herein. Therefore, no presumption will arise giving benefit of interpretation by virtue of authorship of any provision of this Agreement, and any ambiguity may not be construed for or against any Party. Execution in Counterparts. This Agreement may be executed in one or more counterparts, each of which will be deemed an original. For purposes of this Agreement, a facsimile, scanned, or electronic signature will be deemed an original signature. 737 Page 20 of 34 Titles, Headings & Recitals. The Preamble to this Agreement is hereby incorporated herein and made part of this Agreement. The Recitals stated within this Agreement are deemed to be a part of this Agreement. The titles and headings of the sections and paragraphs of this Agreement are inserted for convenience only and shall not constitute a part hereof or affect in any way the meaning or interpretation of this Agreement. (Signature page to follow) 738 Page 21 of 34 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the Effective Date. WINNING SUPPLIER By: ______________________________ Name: ______________________________ Title: ______________________________ Date: ______________________________ EQUALIS GROUP, LLC By: ______________________________ Name: ______________________________ Title: ______________________________ Date: ______________________________ 739 Page | 22 APPENDIX A: WINNING SUPPLIER REPORTING REQUIREMENTS This Appendix may be modified at any time with the mutual written consent of the Parties, including via email. Winning Supplier shall electronically provide Equalis with a detailed line-item monthly report showing the dollar volume of all member Products & Services sales under the contract for the previous month. Reports shall be sent via e-mail to Equalis offices at Reporting@EqualisGroup.org. Reports are due on the fifteenth (15th) day after the end of the previous month. It is the responsibility of Winning Supplier to collect and compile all sales under the Master Agreement from Program Participants and submit one (1) monthly report. Fields below marked as *required indicate a required field. All other fields are preferred, but not required: Member Data Equalis Member ID Vendor Customer Number *required (or Equalis Member ID) Customer Name *required Customer Street Address *required Customer City *required Customer Zip Code *required Customer State *required Distributor Data Distributor Name Distributor ID Distributor Street Address Distributor City Distributor Zip Code Distributor State Product Data Product Category level 1 Product Category level 2 (Where available or applicable) Product Category level 3 (Where available or applicable) Distributor Product Number Manufacturer Product Number Product Description Product Brand Name Product packaging Unit of Measure, multiple levels if necessary Spend Data Purchase Unit of Measure Purchase Quantity Distributor Landed Cost Total $ (without deviations) Distributor Landed Cost Total $ (with mfr deviations) Customer Purchase Total $ *required Admin Fee % *required Admin Fee $ *required 740 Page | 23 APPENDIX B: ROLES & RESPONSIBILITIES This Appendix defines the roles and responsibilities of Equalis and Winning Supplier under this Agreement. This Appendix may be modified at any time with the mutual written consent of the Parties, including via email. 1. Equalis Services. 1.1. Winning Supplier Sales Representative Training. Equalis will develop, as appropriate and subject to Winning Supplier approval, various sales training materials, sales tools, and marketing collateral to promote the Master Agreement and Winning Supplier’s Products & Services. Equalis, as appropriate, will i) conduct periodic sales trainings with Winning Supplier sales representatives assigned to sell Products & Services, ii) provide sales representatives with marketing collateral and sales tools to utilize with sales prospects, with particular focus on the procurement process that led to the establishment of the Master Agreement, the legal ability for sales prospects in any state to purchase Products & Services through the Master Agreement without having to conduct their own bid or RFP process, and the key differentiators in the design of this program with Winning Supplier, and iii) attend at least one Winning Supplier company-wide sales and/or leadership meeting per year. 1.2. Sales Support. Equalis will engage in Winning Supplier sales efforts as agreed by the Parties through participating in i) individual sales calls, ii) joint sales calls, iii) communications and customer service, iv) discussions and communication with sales prospects during the sales process to address questions relating to the procurement process, legal authority to purchase through the Master Agreement, and program design, v) trainings for Equalis Members’ teams, vi) regular business reviews to monitor Program success, and vii) general contract administration. 1.3. Marketing. Equalis will incorporate information about the Products & Services into Equalis Group’s website and general collateral materials. Equalis and Winning Supplier will jointly develop and approve marketing materials to promote Products & Services, such as website content, brochures and collateral, talking points, press releases, and correspondence. Equalis will market the Products & Services to Prospective Participants as part of Equalis’ ongoing marketing activities through Equalis Group; these marketing efforts may consist of a combination of i) general marketing of all of Equalis Group’s master group purchasing agreements, including the Master Agreement and Winning Supplier’s Products & Services, ii) marketing of Winning Supplier’s Products & Services specifically and/or as part of a package of selected master group purchasing agreements to targeted Prospective Participants, and iii) attending trade shows, conferences, and meetings. 2. Winning Supplier Roles & Responsibilities. As a condition to Winning Supplier entering into the Master Agreement, which is available to all Public Sector Entities, Winning Supplier must make certain representations, warranties, and covenants to Equalis designed to ensure the success of the Master Agreement for all Prospective Participants, sales prospects, and Winning Supplier. 2.1. Equalis Group Membership Agreement. Winning Supplier will make available the Equalis Group Master Intergovernmental Cooperative Purchasing Agreement (whether in hard copy, electronically, or via www.EqualisGroup.org) and request any Prospective Participants subject to the Master Agreement who have not already joined Equalis Group to join Equalis Group in conjunction with executing Winning Supplier’s Customer Agreements and/or beginning to purchase Products & Services from Winning Supplier to ensure that Winning Supplier and each Program Participant are in full compliance with applicable state procurement statutes. 741 Page | 24 2.2. Corporate Commitment. Winning Supplier commits that i) the Master Agreement has received all necessary corporate authorizations and support of Winning Supplier’s executive management, ii) the Master Agreement will be promoted to Public Sector Entities, and iii) Winning Supplier will identify an executive corporate sponsor and a separate national account manager that will be responsible for the overall management of the Master Agreement and this Agreement. 2.3. Sales Commitment. Winning Supplier commits to market the Master Agreement as a market strategy in the public sector and that its sales force will be trained, engaged, and committed to offering the Master Agreement to Public Sector Entities through Equalis Group in the geographies defined in the Master Agreement. Winning Supplier commits that all sales under the Master Agreement will be accurately and timely reported to Equalis. Winning Supplier also commits that its sales force will be compensated, including sales incentives, for sales to Program Participants under the Master Agreement in a consistent or better manner compared to sales to Public Sector Entities if Winning Supplier were not awarded the Master Agreement. Supplier will make available to interested Prospective Participants such price lists or quotes as may be necessary for such Prospective Participants to evaluate potential purchases of Products & Services under the Master Agreement. 2.4. Marketing Commitment. Winning Supplier commits to work with Equalis to develop a sales and marketing plan (“Plan”) within the first ninety (90) days of the Master Agreement Effective Date. The Plan may include, but is not limited to, the following: 2.4.1. Issuing co-branded press release 2.4.2. Publishing Master Agreement details and contact information on both Equalis Group and Winning Supplier’s websites 2.4.3. Scheduling and holding training on the Master Agreement for the sales teams of both Equalis Group and Winning Supplier 2.4.4. Jointly participating in national and regional conferences 2.4.5. Jointly attending national and regional Equalis Group Member networking events 2.4.6. Designing, publishing, and distributing co-branded marketing materials 2.4.7. Engaging in ongoing marketing and promotion of the Master Agreement for the entire Term of the Master Agreement (e.g., developing and presenting case studies, collateral pieces, and presentations) 742 Page | 25 APPENDIX C: FINANCIAL TERMS This Appendix may be modified at any time with the mutual written consent of the Parties. 1. Administrative Fee. On or before the fifteenth (15th) of each month, Winning Supplier shall remit to Equalis an administrative fee payment (the “Administrative Fee”) (percentage to be negotiated) of the total Winning Supplier revenue (the “Equalis Group Spend” or “Spend”) invoiced to Program Participants during the prior calendar month. “Spend” shall mean the cumulative purchases of Products & Services by Program Participants under the Master Agreement net of taxes, shipping costs, returns, and credits. All Administrative Fees not paid when due shall bear interest at a rate equal to the lesser of one- and one-half percent (1.5%) per month or the maximum rate permitted by law until paid in full. 2. Case-by-Case Administrative Fee Adjustments. The Parties understand and acknowledge that Wining Supplier may have to provide aggressive deviated pricing on a case-by-case basis to win certain opportunities with Prospective Participants when those opportunities represent a sufficiently large Spend and/or are highly competitive. In such situations, Winning Supplier may request Equalis accept a reduced Administrative Fee. The Parties agree to evaluate each such situation as it arises and utilize best efforts to establish an adjusted Administrative Fee rate upon mutual written agreement (including via email) of the Parties. 3. Rebates or Other Payments. Insert rebate or other payment language as agreed. 743 Page | 26 ATTACHMENT C: STATE NOTICE Pursuant to certain state notice provisions, including but not limited to Oregon Revised Statutes Chapter 279A.220, the following public agencies and political subdivisions of the referenced public agencies are eligible to register with Equalis Group and access the Vendor Contract award made pursuant to this solicitation, and hereby given notice of the foregoing Request for Proposal for purposes of complying with the procedural requirements of said statutes: Nationwide: State of Alabama State of Hawaii State of Massachusetts State of New Mexico State of South Dakota State of Alaska State of Idaho State of Michigan State of New York State of Tennessee State of Arizona State of Illinois State of Minnesota State of North Carolina State of Texas State of Arkansas State of Indiana State of Mississippi State of North Dakota State of Utah State of California State of Iowa State of Missouri State of Ohio State of Vermont State of Colorado State of Kansas State of Montana State of Oklahoma State of Virginia State of Connecticut State of Kentucky State of Nebraska State of Oregon State of Washington State of Delaware State of Louisiana State of Nevada State of Pennsylvania State of West Virginia State of Florida State of Maine State of New Hampshire State of Rhode Island State of Wisconsin State of Georgia State of Maryland State of New Jersey State of South Carolina State of Wyoming District of Columbia Lists of political subdivisions and local governments in the above referenced states/districts may be found at http://www.usa.gov/Agencies/State_and_Territories.shtml and https://www.usa.gov/local-governments. Certain Public Agencies and Political Subdivisions: CITIES, TOWNS, VILLAGES AND BOROUGHS INCLUDING BUT NOT LIMITED TO: BAKER CITY GOLF COURSE, OR CITY OF ADAIR VILLAGE, OR CITY OF ASHLAND, OR CITY OF AUMSVILLE, OR CITY OF AURORA, OR CITY OF BAKER, OR CITY OF BATON ROUGE, LA CITY OF BEAVERTON, OR CITY OF BEND, OR CITY OF BOARDMAN, OR CITY OF BONANAZA, OR CITY OF BOSSIER CITY, LA CITY OF BROOKINGS, OR CITY OF BURNS, OR CITY OF CANBY, OR CITY OF CANYONVILLE, OR CITY OF CLATSKANIE, OR CITY OF COBURG, OR CITY OF CONDON, OR CITY OF COQUILLE, OR CITY OF CORVALLI, OR CITY OF CORVALLIS PARKS AND RECREATION DEPARTMENT, OR CITY OF COTTAGE GROVE, OR CITY OF DONALD, OR CITY OF EUGENE, OR 744 Page | 27 CITY OF FOREST GROVE, OR CITY OF GOLD HILL, OR CITY OF GRANTS PASS, OR CITY OF GRESHAM, OR CITY OF HILLSBORO, OR CITY OF INDEPENDENCE, OR CITY AND COUNTY OF HONOLULU, HI CITY OF KENNER, LA CITY OF LA GRANDE, OR CITY OF LAFAYETTE, LA CITY OF LAKE CHARLES, OR CITY OF LEBANON, OR CITY OF MCMINNVILLE, OR CITY OF MEDFORD, OR CITY OF METAIRIE, LA CITY OF MILL CITY, OR CITY OF MILWAUKIE, OR CITY OF MONROE, LA CITY OF MOSIER, OR CITY OF NEW ORLEANS, LA CITY OF NORTH PLAINS, OR CITY OF OREGON CITY, OR CITY OF PILOT ROCK, OR CITY OF PORTLAND, OR CITY OF POWERS, OR CITY OF PRINEVILLE, OR CITY OF REDMOND, OR CITY OF REEDSPORT, OR CITY OF RIDDLE, OR CITY OF ROGUE RIVER, OR CITY OF ROSEBURG, OR CITY OF SALEM, OR CITY OF SANDY, OR CITY OF SCAPPOOSE, OR CITY OF SHADY COVE, OR CITY OF SHERWOOD, OR CITY OF SHREVEPORT, LA CITY OF SILVERTON, OR CITY OF SPRINGFIELD, OR CITY OF ST. HELENS, OR CITY OF ST. PAUL, OR CITY OF SULPHUR, LA CITY OF TIGARD, OR CITY OF TROUTDALE, OR CITY OF TUALATIN, OR CITY OF WALKER, LA CITY OF WARRENTON, OR CITY OF WEST LINN, OR CITY OF WILSONVILLE, OR CITY OF WINSTON, OR CITY OF WOODBURN, OR LEAGUE OF OREGON CITES THE CITY OF HAPPY VALLEY OREGON ALPINE, UT ALTA, UT ALTAMONT, UT ALTON, UT AMALGA, UT AMERICAN FORK CITY, UT ANNABELLA, UT ANTIMONY, UT APPLE VALLEY, UT AURORA, UT BALLARD, UT BEAR RIVER CITY, UT BEAVER, UT BICKNELL, UT BIG WATER, UT BLANDING, UT BLUFFDALE, UT BOULDER, UT CITY OF BOUNTIFUL, UT BRIAN HEAD, UT BRIGHAM CITY CORPORATION, UT BRYCE CANYON CITY, UT CANNONVILLE, UT CASTLE DALE, UT CASTLE VALLEY, UT CITY OF CEDAR CITY, UT CEDAR FORT, UT CITY OF CEDAR HILLS, UT CENTERFIELD, UT CENTERVILLE CITY CORPORATION, UT CENTRAL VALLEY, UT CHARLESTON, UT CIRCLEVILLE, UT CLARKSTON, UT CLAWSON, UT CLEARFIELD, UT CLEVELAND, UT CLINTON CITY CORPORATION, UT COALVILLE, UT CORINNE, UT CORNISH, UT COTTONWOOD HEIGHTS, UT DANIEL, UT DELTA, UT DEWEYVILLE, UT DRAPER CITY, UT DUCHESNE, UT EAGLE MOUNTAIN, UT EAST CARBON, UT ELK RIDGE, UT ELMO, UT ELSINORE, UT ELWOOD, UT EMERY, UT ENOCH, UT 745 Page | 28 ENTERPRISE, UT EPHRAIM, UT ESCALANTE, UT EUREKA, UT FAIRFIELD, UT FAIRVIEW, UT FARMINGTON, UT FARR WEST, UT FAYETTE, UT FERRON, UT FIELDING, UT FILLMORE, UT FOUNTAIN GREEN, UT FRANCIS, UT FRUIT HEIGHTS, UT GARDEN CITY, UT GARLAND, UT GENOLA, UT GLENDALE, UT GLENWOOD, UT GOSHEN, UT GRANTSVILLE, UT GREEN RIVER, UT GUNNISON, UT HANKSVILLE, UT HARRISVILLE, UT HATCH, UT HEBER CITY CORPORATION, UT HELPER, UT HENEFER, UT HENRIEVILLE, UT HERRIMAN, UT HIDEOUT, UT HIGHLAND, UT HILDALE, UT HINCKLEY, UT HOLDEN, UT HOLLADAY, UT HONEYVILLE, UT HOOPER, UT HOWELL, UT HUNTINGTON, UT HUNTSVILLE, UT CITY OF HURRICANE, UT HYDE PARK, UT HYRUM, UT INDEPENDENCE, UT IVINS, UT JOSEPH, UT JUNCTION, UT KAMAS, UT KANAB, UT KANARRAVILLE, UT KANOSH, UT KAYSVILLE, UT KINGSTON, UT KOOSHAREM, UT LAKETOWN, UT LA VERKIN, UT LAYTON, UT LEAMINGTON, UT LEEDS, UT LEHI CITY CORPORATION, UT LEVAN, UT LEWISTON, UT LINDON, UT LOA, UT LOGAN CITY, UT LYMAN, UT LYNNDYL, UT MANILA, UT MANTI, UT MANTUA, UT MAPLETON, UT MARRIOTT-SLATERVILLE, UT MARYSVALE, UT MAYFIELD, UT MEADOW, UT MENDON, UT MIDVALE CITY INC., UT MIDWAY, UT MILFORD, UT MILLVILLE, UT MINERSVILLE, UT MOAB, UT MONA, UT MONROE, UT CITY OF MONTICELLO, UT MORGAN, UT MORONI, UT MOUNT PLEASANT, UT MURRAY CITY CORPORATION, UT MYTON, UT NAPLES, UT NEPHI, UT NEW HARMONY, UT NEWTON, UT NIBLEY, UT NORTH LOGAN, UT NORTH OGDEN, UT NORTH SALT LAKE CITY, UT OAK CITY, UT OAKLEY, UT OGDEN CITY CORPORATION, UT OPHIR, UT ORANGEVILLE, UT ORDERVILLE, UT OREM, UT 746 Page | 29 PANGUITCH, UT PARADISE, UT PARAGONAH, UT PARK CITY, UT PAROWAN, UT PAYSON, UT PERRY, UT PLAIN CITY, UT PLEASANT GROVE CITY, UT PLEASANT VIEW, UT PLYMOUTH, UT PORTAGE, UT PRICE, UT PROVIDENCE, UT PROVO, UT RANDOLPH, UT REDMOND, UT RICHFIELD, UT RICHMOND, UT RIVERDALE, UT RIVER HEIGHTS, UT RIVERTON CITY, UT ROCKVILLE, UT ROCKY RIDGE, UT ROOSEVELT CITY CORPORATION, UT ROY, UT RUSH VALLEY, UT CITY OF ST. GEORGE, UT SALEM, UT SALINA, UT SALT LAKE CITY CORPORATION, UT SANDY, UT SANTA CLARA, UT SANTAQUIN, UT SARATOGA SPRINGS, UT SCIPIO, UT SCOFIELD, UT SIGURD, UT SMITHFIELD, UT SNOWVILLE, UT CITY OF SOUTH JORDAN, UT SOUTH OGDEN, UT CITY OF SOUTH SALT LAKE, UT SOUTH WEBER, UT SPANISH FORK, UT SPRING CITY, UT SPRINGDALE, UT SPRINGVILLE, UT STERLING, UT STOCKTON, UT SUNNYSIDE, UT SUNSET CITY CORP, UT SYRACUSE, UT TABIONA, UT CITY OF TAYLORSVILLE, UT TOOELE CITY CORPORATION, UT TOQUERVILLE, UT TORREY, UT TREMONTON CITY, UT TRENTON, UT TROPIC, UT UINTAH, UT VERNAL CITY, UT VERNON, UT VINEYARD, UT VIRGIN, UT WALES, UT WALLSBURG, UT WASHINGTON CITY, UT WASHINGTON TERRACE, UT WELLINGTON, UT WELLSVILLE, UT WENDOVER, UT WEST BOUNTIFUL, UT WEST HAVEN, UT WEST JORDAN, UT WEST POINT, UT WEST VALLEY CITY, UT WILLARD, UT WOODLAND HILLS, UT WOODRUFF, UT WOODS CROSS, UT COUNTIES AND PARISHES INCLUDING BUT NOT LIMITED TO: ASCENSION PARISH, LA ASCENSION PARISH, LA, CLEAR OF COURT CADDO PARISH, LA CALCASIEU PARISH, LA CALCASIEU PARISH SHERIFF’S OFFICE, LA CITY AND COUNTY OF HONOLULU, HI CLACKAMAS COUNTY, OR CLACKAMAS COUNTY DEPT OF TRANSPORTATION, OR CLATSOP COUNTY, OR COLUMBIA COUNTY, OR COOS COUNTY, OR COOS COUNTY HIGHWAY DEPARTMENT, OR COUNTY OF HAWAII, OR CROOK COUNTY, OR CROOK COUNTY ROAD DEPARTMENT, OR CURRY COUNTY, OR DESCHUTES COUNTY, OR DOUGLAS COUNTY, OR EAST BATON ROUGE PARISH, LA GILLIAM COUNTY, OR GRANT COUNTY, OR HARNEY COUNTY, OR 747 Page | 30 HARNEY COUNTY SHERIFFS OFFICE, OR HAWAII COUNTY, HI HOOD RIVER COUNTY, OR JACKSON COUNTY, OR JEFFERSON COUNTY, OR JEFFERSON PARISH, LA JOSEPHINE COUNTY GOVERNMENT, OR LAFAYETTE CONSOLIDATED GOVERNMENT, LA LAFAYETTE PARISH, LA LAFAYETTE PARISH CONVENTION & VISITORS COMMISSION LAFOURCHE PARISH, LA KAUAI COUNTY, HI KLAMATH COUNTY, OR LAKE COUNTY, OR LANE COUNTY, OR LINCOLN COUNTY, OR LINN COUNTY, OR LIVINGSTON PARISH, LA MALHEUR COUNTY, OR MAUI COUNTY, HI MARION COUNTY, SALEM, OR MORROW COUNTY, OR MULTNOMAH COUNTY, OR MULTNOMAH COUNTY BUSINESS AND COMMUNITY SERVICES, OR MULTNOMAH COUNTY SHERIFFS OFFICE, OR MULTNOMAH LAW LIBRARY, OR ORLEANS PARISH, LA PLAQUEMINES PARISH, LA POLK COUNTY, OR RAPIDES PARISH, LA SAINT CHARLES PARISH, LA SAINT CHARLES PARISH PUBLIC SCHOOLS, LA SAINT LANDRY PARISH, LA SAINT TAMMANY PARISH, LA SHERMAN COUNTY, OR TERREBONNE PARISH, LA TILLAMOOK COUNTY, OR TILLAMOOK COUNTY SHERIFF'S OFFICE, OR TILLAMOOK COUNTY GENERAL HOSPITAL, OR UMATILLA COUNTY, OR UNION COUNTY, OR WALLOWA COUNTY, OR WASCO COUNTY, OR WASHINGTON COUNTY, OR WEST BATON ROUGE PARISH, LA WHEELER COUNTY, OR YAMHILL COUNTY, OR COUNTY OF BOX ELDER, UT COUNTY OF CACHE, UT COUNTY OF RICH, UT COUNTY OF WEBER, UT COUNTY OF MORGAN, UT COUNTY OF DAVIS, UT COUNTY OF SUMMIT, UT COUNTY OF DAGGETT, UT COUNTY OF SALT LAKE, UT COUNTY OF TOOELE, UT COUNTY OF UTAH, UT COUNTY OF WASATCH, UT COUNTY OF DUCHESNE, UT COUNTY OF UINTAH, UT COUNTY OF CARBON, UT COUNTY OF SANPETE, UT COUNTY OF JUAB, UT COUNTY OF MILLARD, UT COUNTY OF SEVIER, UT COUNTY OF EMERY, UT COUNTY OF GRAND, UT COUNTY OF BEVER, UT COUNTY OF PIUTE, UT COUNTY OF WAYNE, UT COUNTY OF SAN JUAN, UT COUNTY OF GARFIELD, UT COUNTY OF KANE, UT COUNTY OF IRON, UT COUNTY OF WASHINGTON, UT OTHER AGENCIES INCLUDING ASSOCIATIONS, BOARDS, DISTRICTS, COMMISSIONS, COUNCILS, PUBLIC CORPORATIONS, PUBLIC DEVELOPMENT AUTHORITIES, RESERVATIONS AND UTILITIES INCLUDING BUT NOT LIMITED TO: BANKS FIRE DISTRICT, OR BATON ROUGE WATER COMPANY BEND METRO PARK AND RECREATION DISTRICT BIENVILLE PARISH FIRE PROTECTION DISTRICT 6, LA BOARDMAN PARK AND RECREATION DISTRICT CENTRAL CITY ECONOMIC OPPORTUNITY CORP, LA CENTRAL OREGON INTERGOVERNMENTAL COUNCIL CITY OF BOGALUSA SCHOOL BOARD, LA CLACKAMAS RIVER WATER CLATSKANIE PEOPLE'S UTILITY DISTRICT CLEAN WATER SERVICES CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION COOS FOREST PROTECTIVE ASSOCIATION CHEHALEM PARK AND RECREATION DISTRICT DAVID CROCKETT STEAM FIRE COMPANY #1, LA EUGENE WATER AND ELECTRIC BOARD HONOLULU INTERNATIONAL AIRPORT HOODLAND FIRE DISTRICT #74 HOUSING AUTHORITY OF PORTLAND ILLINOIS VALLEY FIRE DISTRICT LAFAYETTE AIRPORT COMMISSION, LA 748 Page | 31 LAFOURCHE PARISH HEALTH UNIT – DHH-OPH REGION 3 LOUISIANA PUBLIC SERVICE COMMISSION, LA LOUISIANA WATER WORKS MEDFORD WATER COMMISSION MELHEUR COUNTY JAIL, OR METRO REGIONAL GOVERNMENT METRO REGIONAL PARKS METROPOLITAN EXPOSITION RECREATION COMMISSION METROPOLITAN SERVICE DISTRICT (METRO) MULTNOMAH EDUCATION SERVICE DISTRICT NEW ORLEANS REDEVELOPMENT AUTHORITY, LA NORTHEAST OREGON HOUSING AUTHORITY, OR PORT OF BRANDON, OR PORT OF MORGAN CITY, LA PORTLAND DEVELOPMENT COMMISSION, OR PORTLAND FIRE AND RESCUE PORTLAND HOUSING CENTER, OR OREGON COAST COMMUNITY ACTION OREGON HOUSING AND COMMUNITY SERVICES OREGON LEGISLATIVE ADMINISTRATION ROGUE VALLEY SEWER, OR SAINT LANDRY PARISH TOURIST COMMISSION SAINT MARY PARISH REC DISTRICT 2 SAINT MARY PARISH REC DISTRICT 3 SAINT TAMMANY FIRE DISTRICT 4, LA SALEM MASS TRANSIT DISTRICT SEWERAGE AND WATER BOARD OF NEW ORLEANS, LA SOUTH LAFOURCHE LEVEE DISTRICT, LA TRI-COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF OREGON TUALATIN HILLS PARK & RECREATION DISTRICT TUALATIN VALLEY FIRE & RESCUE TUALATIN VALLEY WATER DISTRICT WILLAMALANE PARK AND RECREATION DISTRICT WILLAMETTE HUMANE SOCIETY K-12 INCLUDING BUT NOT LIMITED TO: ACADIA PARISH SCHOOL BOARD BEAVERTON SCHOOL DISTRICT BEND-LA PINE SCHOOL DISTRICT BOGALUSA HIGH SCHOOL, LA BOSSIER PARISH SCHOOL BOARD BROOKING HARBOR SCHOOL DISTRICT CADDO PARISH SCHOOL DISTRICT CALCASIEU PARISH SCHOOL DISTRICT CANBY SCHOOL DISTRICT CANYONVILLE CHRISTIAN ACADEMY CASCADE SCHOOL DISTRICT CASCADES ACADEMY OF CENTRAL OREGON CENTENNIAL SCHOOL DISTRICT CENTRAL CATHOLIC HIGH SCHOOL CENTRAL POINT SCHOOL DISTRICT NO.6 CENTRAL SCHOOL DISTRICT 13J COOS BAY SCHOOL DISTRICT NO.9 CORVALLIS SCHOOL DISTRICT 509J COUNTY OF YAMHILL SCHOOL DISTRICT 29 CULVER SCHOOL DISTRICT DALLAS SCHOOL DISTRICT NO.2 DAVID DOUGLAS SCHOOL DISTRICT DAYTON SCHOOL DISTRICT NO.8 DE LA SALLE N CATHOLIC HS DESCHUTES COUNTY SCHOOL DISTRICT NO.6 DOUGLAS EDUCATIONAL DISTRICT SERVICE DUFUR SCHOOL DISTRICT NO.29 EAST BATON ROUGE PARISH SCHOOL DISTRICT ESTACADA SCHOOL DISTRICT NO.10B FOREST GROVE SCHOOL DISTRICT GEORGE MIDDLE SCHOOL GLADSTONE SCHOOL DISTRICT GRANTS PASS SCHOOL DISTRICT 7 GREATER ALBANY PUBLIC SCHOOL DISTRICT GRESHAM BARLOW JOINT SCHOOL DISTRICT HEAD START OF LANE COUNTY HIGH DESERT EDUCATION SERVICE DISTRICT HILLSBORO SCHOOL DISTRICT HOOD RIVER COUNTY SCHOOL DISTRICT JACKSON CO SCHOOL DIST NO.9 JEFFERSON COUNTY SCHOOL DISTRICT 509-J JEFFERSON PARISH SCHOOL DISTRICT JEFFERSON SCHOOL DISTRICT JUNCTION CITY SCHOOLS, OR KLAMATH COUNTY SCHOOL DISTRICT KLAMATH FALLS CITY SCHOOLS LAFAYETTE PARISH SCHOOL DISTRICT LAKE OSWEGO SCHOOL DISTRICT 7J LANE COUNTY SCHOOL DISTRICT 4J LINCOLN COUNTY SCHOOL DISTRICT LINN CO. SCHOOL DIST. 95C LIVINGSTON PARISH SCHOOL DISTRICT LOST RIVER JR/SR HIGH SCHOOL LOWELL SCHOOL DISTRICT NO.71 MARION COUNTY SCHOOL DISTRICT MARION COUNTY SCHOOL DISTRICT 103 MARIST HIGH SCHOOL, OR MCMINNVILLE SCHOOL DISTRICT NOAO MEDFORD SCHOOL DISTRICT 549C MITCH CHARTER SCHOOL MONROE SCHOOL DISTRICT NO.1J MORROW COUNTY SCHOOL DIST, OR MULTNOMAH EDUCATION SERVICE DISTRICT MULTISENSORY LEARNING ACADEMY 749 Page | 32 MYRTLE PINT SCHOOL DISTRICT 41 NEAH-KAH-NIE DISTRICT NO.56 NEWBERG PUBLIC SCHOOLS NESTUCCA VALLEY SCHOOL DISTRICT NO.101 NOBEL LEARNING COMMUNITIES NORTH BEND SCHOOL DISTRICT 13 NORTH CLACKAMAS SCHOOL DISTRICT NORTH DOUGLAS SCHOOL DISTRICT NORTH WASCO CITY SCHOOL DISTRICT 21 NORTHWEST REGIONAL EDUCATION SERVICE DISTRICT ONTARIO MIDDLE SCHOOL OREGON TRAIL SCHOOL DISTRICT NOA6 ORLEANS PARISH SCHOOL DISTRICT PHOENIX-TALENT SCHOOL DISTRICT NOA PLEASANT HILL SCHOOL DISTRICT PORTLAND JEWISH ACADEMY PORTLAND PUBLIC SCHOOLS RAPIDES PARISH SCHOOL DISTRICT REDMOND SCHOOL DISTRICT REYNOLDS SCHOOL DISTRICT ROGUE RIVER SCHOOL DISTRICT ROSEBURG PUBLIC SCHOOLS SCAPPOOSE SCHOOL DISTRICT 1J SAINT TAMMANY PARISH SCHOOL BOARD, LA SEASIDE SCHOOL DISTRICT 10 SHERWOOD SCHOOL DISTRICT 88J SILVER FALLS SCHOOL DISTRICT 4J SOUTH LANE SCHOOL DISTRICT 45J3 SOUTHERN OREGON EDUCATION SERVICE DISTRICT SPRINGFIELD PUBLIC SCHOOLS SUTHERLIN SCHOOL DISTRICT SWEET HOME SCHOOL DISTRICT NO.55 TERREBONNE PARISH SCHOOL DISTRICT THE CATLIN GABEL SCHOOL TIGARD-TUALATIN SCHOOL DISTRICT UMATILLA MORROW ESD WEST LINN WILSONVILLE SCHOOL DISTRICT WILLAMETTE EDUCATION SERVICE DISTRICT WOODBURN SCHOOL DISTRICT YONCALLA SCHOOL DISTRICT ACADEMY FOR MATH ENGINEERING & SCIENCE (AMES), UT ALIANZA ACADEMY, UT ALPINE DISTRICT, UT AMERICAN LEADERSHIP ACADEMY, UT AMERICAN PREPARATORY ACADEMY, UT BAER CANYON HIGH SCHOOL FOR SPORTS & MEDICAL SCIENCES, UT BEAR RIVER CHARTER SCHOOL, UT BEAVER SCHOOL DISTRICT, UT BEEHIVE SCIENCE & TECHNOLOGY ACADEMY (BSTA), UT BOX ELDER SCHOOL DISTRICT, UT CBA CENTER, UT CACHE SCHOOL DISTRICT, UT CANYON RIM ACADEMY, UT CANYONS DISTRICT, UT CARBON SCHOOL DISTRICT, UT CHANNING HALL, UT CHARTER SCHOOL LEWIS ACADEMY, UT CITY ACADEMY, UT DAGGETT SCHOOL DISTRICT, UT DAVINCI ACADEMY, UT DAVIS DISTRICT, UT DUAL IMMERSION ACADEMY, UT DUCHESNE SCHOOL DISTRICT, UT EARLY LIGHT ACADEMY AT DAYBREAK, UT EAST HOLLYWOOD HIGH, UT EDITH BOWEN LABORATORY SCHOOL, UT EMERSON ALCOTT ACADEMY, UT EMERY SCHOOL DISTRICT, UT ENTHEOS ACADEMY, UT EXCELSIOR ACADEMY, UT FAST FORWARD HIGH, UT FREEDOM ACADEMY, UT GARFIELD SCHOOL DISTRICT, UT GATEWAY PREPARATORY ACADEMY, UT GEORGE WASHINGTON ACADEMY, UT GOOD FOUNDATION ACADEMY, UT GRAND SCHOOL DISTRICT, UT GRANITE DISTRICT, UT GUADALUPE SCHOOL, UT HAWTHORN ACADEMY, UT INTECH COLLEGIATE HIGH SCHOOL, UT IRON SCHOOL DISTRICT, UT ITINERIS EARLY COLLEGE HIGH, UT JOHN HANCOCK CHARTER SCHOOL, UT JORDAN DISTRICT, UT JUAB SCHOOL DISTRICT, UT KANE SCHOOL DISTRICT, UT KARL G MAESER PREPARATORY ACADEMY, UT LAKEVIEW ACADEMY, UT LEGACY PREPARATORY ACADEMY, UT LIBERTY ACADEMY, UT LINCOLN ACADEMY, UT LOGAN SCHOOL DISTRICT, UT MARIA MONTESSORI ACADEMY, UT MERIT COLLEGE PREPARATORY ACADEMY, UT MILLARD SCHOOL DISTRICT, UT MOAB CHARTER SCHOOL, UT MONTICELLO ACADEMY, UT MORGAN SCHOOL DISTRICT, UT MOUNTAINVILLE ACADEMY, UT MURRAY SCHOOL DISTRICT, UT NAVIGATOR POINTE ACADEMY, UT NEBO SCHOOL DISTRICT, UT NO UT ACAD FOR MATH ENGINEERING & SCIENCE (NUAMES), UT 750 Page | 33 NOAH WEBSTER ACADEMY, UT NORTH DAVIS PREPARATORY ACADEMY, UT NORTH SANPETE SCHOOL DISTRICT, UT NORTH STAR ACADEMY, UT NORTH SUMMIT SCHOOL DISTRICT, UT ODYSSEY CHARTER SCHOOL, UT OGDEN PREPARATORY ACADEMY, UT OGDEN SCHOOL DISTRICT, UT OPEN CLASSROOM, UT OPEN HIGH SCHOOL OF UTAH, UT OQUIRRH MOUNTAIN CHARTER SCHOOL, UT PARADIGM HIGH SCHOOL, UT PARK CITY SCHOOL DISTRICT, UT PINNACLE CANYON ACADEMY, UT PIUTE SCHOOL DISTRICT, UT PROVIDENCE HALL, UT PROVO SCHOOL DISTRICT, UT QUAIL RUN PRIMARY SCHOOL, UT QUEST ACADEMY, UT RANCHES ACADEMY, UT REAGAN ACADEMY, UT RENAISSANCE ACADEMY, UT RICH SCHOOL DISTRICT, UT ROCKWELL CHARTER HIGH SCHOOL, UT SALT LAKE ARTS ACADEMY, UT SALT LAKE CENTER FOR SCIENCE EDUCATION, UT SALT LAKE SCHOOL DISTRICT, UT SALT LAKE SCHOOL FOR THE PERFORMING ARTS, UT SAN JUAN SCHOOL DISTRICT, UT SEVIER SCHOOL DISTRICT, UT SOLDIER HOLLOW CHARTER SCHOOL, UT SOUTH SANPETE SCHOOL DISTRICT, UT SOUTH SUMMIT SCHOOL DISTRICT, UT SPECTRUM ACADEMY, UT SUCCESS ACADEMY, UT SUCCESS SCHOOL, UT SUMMIT ACADEMY, UT SUMMIT ACADEMY HIGH SCHOOL, UT SYRACUSE ARTS ACADEMY, UT THOMAS EDISON - NORTH, UT TIMPANOGOS ACADEMY, UT TINTIC SCHOOL DISTRICT, UT TOOELE SCHOOL DISTRICT, UT TUACAHN HIGH SCHOOL FOR THE PERFORMING ARTS, UT UINTAH RIVER HIGH, UT UINTAH SCHOOL DISTRICT, UT UTAH CONNECTIONS ACADEMY, UT UTAH COUNTY ACADEMY OF SCIENCE, UT UTAH ELECTRONIC HIGH SCHOOL, UT UTAH SCHOOLS FOR DEAF & BLIND, UT UTAH STATE OFFICE OF EDUCATION, UT UTAH VIRTUAL ACADEMY, UT VENTURE ACADEMY, UT VISTA AT ENTRADA SCHOOL OF PERFORMING ARTS AND TECHNOLOGY, UT WALDEN SCHOOL OF LIBERAL ARTS, UT WASATCH PEAK ACADEMY, UT WASATCH SCHOOL DISTRICT, UT WASHINGTON SCHOOL DISTRICT, UT WAYNE SCHOOL DISTRICT, UT WEBER SCHOOL DISTRICT, UT WEILENMANN SCHOOL OF DISCOVERY, UT HIGHER EDUCATION ARGOSY UNIVERSITY BATON ROUGE COMMUNITY COLLEGE, LA BIRTHINGWAY COLLEGE OF MIDWIFERY BLUE MOUNTAIN COMMUNITY COLLEGE BRIGHAM YOUNG UNIVERSITY - HAWAII CENTRAL OREGON COMMUNITY COLLEGE CENTENARY COLLEGE OF LOUISIANA CHEMEKETA COMMUNITY COLLEGE CLACKAMAS COMMUNITY COLLEGE COLLEGE OF THE MARSHALL ISLANDS COLUMBIA GORGE COMMUNITY COLLEGE CONCORDIA UNIVERSITY GEORGE FOX UNIVERSITY KLAMATH COMMUNITY COLLEGE DISTRICT LANE COMMUNITY COLLEGE LEWIS AND CLARK COLLEGE LINFIELD COLLEGE LINN-BENTON COMMUNITY COLLEGE LOUISIANA COLLEGE, LA LOUISIANA STATE UNIVERSITY LOUISIANA STATE UNIVERSITY HEALTH SERVICES MARYLHURST UNIVERSITY MT. HOOD COMMUNITY COLLEGE MULTNOMAH BIBLE COLLEGE NATIONAL COLLEGE OF NATURAL MEDICINE NORTHWEST CHRISTIAN COLLEGE OREGON HEALTH AND SCIENCE UNIVERSITY OREGON INSTITUTE OF TECHNOLOGY OREGON STATE UNIVERSITY OREGON UNIVERSITY SYSTEM PACIFIC UNIVERSITY PIONEER PACIFIC COLLEGE PORTLAND COMMUNITY COLLEGE PORTLAND STATE UNIVERSITY REED COLLEGE RESEARCH CORPORATION OF THE UNIVERSITY OF HAWAII ROGUE COMMUNITY COLLEGE 751 Page | 34 SOUTHEASTERN LOUISIANA UNIVERSITY SOUTHERN OREGON UNIVERSITY (OREGON UNIVERSITY SYSTEM) SOUTHWESTERN OREGON COMMUNITY COLLEGE TULANE UNIVERSITY TILLAMOOK BAY COMMUNITY COLLEGE UMPQUA COMMUNITY COLLEGE UNIVERSITY OF HAWAII BOARD OF REGENTS UNIVERSITY OF HAWAII-HONOLULU COMMUNITY COLLEGE UNIVERSITY OF OREGON-GRADUATE SCHOOL UNIVERSITY OF PORTLAND UNIVERSITY OF NEW ORLEANS WESTERN OREGON UNIVERSITY WESTERN STATES CHIROPRACTIC COLLEGE WILLAMETTE UNIVERSITY XAVIER UNIVERSITY UTAH SYSTEM OF HIGHER EDUCATION, UT UNIVERSITY OF UTAH, UT UTAH STATE UNIVERSITY, UT WEBER STATE UNIVERSITY, UT SOUTHERN UTAH UNIVERSITY, UT SNOW COLLEGE, UT DIXIE STATE COLLEGE, UT COLLEGE OF EASTERN UTAH, UT UTAH VALLEY UNIVERSITY, UT SALT LAKE COMMUNITY COLLEGE, UT UTAH COLLEGE OF APPLIED TECHNOLOGY, UT STATE AGENCIES ADMIN. SERVICES OFFICE BOARD OF MEDICAL EXAMINERS HAWAII CHILD SUPPORT ENFORCEMENT AGENCY HAWAII DEPARTMENT OF TRANSPORTATION HAWAII HEALTH SYSTEMS CORPORATION OFFICE OF MEDICAL ASSISTANCE PROGRAMS OFFICE OF THE STATE TREASURER OREGON BOARD OF ARCHITECTS OREGON CHILD DEVELOPMENT COALITION OREGON DEPARTMENT OF EDUCATION OREGON DEPARTMENT OF FORESTRY OREGON DEPT OF TRANSPORTATION OREGON DEPT. OF EDUCATION OREGON LOTTERY OREGON OFFICE OF ENERGY OREGON STATE BOARD OF NURSING OREGON STATE DEPT OF CORRECTIONS OREGON STATE POLICE OREGON TOURISM COMMISSION OREGON TRAVEL INFORMATION COUNCIL SANTIAM CANYON COMMUNICATION CENTER SEIU LOCAL 503, OPEU SOH- JUDICIARY CONTRACTS AND PURCH STATE DEPARTMENT OF DEFENSE, STATE OF HAWAII STATE OF HAWAII STATE OF HAWAII, DEPT. OF EDUCATION STATE OF LOUISIANA STATE OF LOUISIANA DEPT. OF EDUCATION STATE OF LOUISIANA, 26TH JUDICIAL DISTRICT ATTORNEY STATE OF UTAH 752 Generated on Apr 22, 2024 8:18 AM CDT - Clint Pechacek Page 1 of 3 RFP R10-1166 Questions and Answers Below are all questions and answers for this RFP. The deadline for questions has passed. Deadline for submitting proposals is April 26, 2024 at 2 pm CDT. Vendor Contract and Signature Form Question It appears the Vendor Contract and Signature Form on Page 14 of Section 3 and Page 45 of Section 2 are slightly different. ie. Section 3 form says "Prices are guaranteed: 120 days," while Section 2 form does not. Is there a preference for which proposal form is to be submitted? Would you like us to sign and submit both? Answer Proposal forms in Section 2 govern. There is no need to also submit the signature page from Section 3. Should I Apply - Due to Recent Award Question Hello, I was recently awarded 24-280 (Commodity Discount Providers) on March 8, 2024 - Although we will follow the terms of 23-263 (General Maintenance - Equipment, Parts, Supplies and Services) to provide exterior painting, interior painting, and drywall repairs. Please let me know if we need to submit a bid for this solicitation. Thank you Answer I do not recognize the RFP numbers you are referring to. This is RFP R10-1166, put out by Region 10 ESC for the Equalis Group purchasing cooperative, not for a specific entity or job. Region 10 cannot advise vendors on whether or not to respond. RE: Form AA302 Question 753 Generated on Apr 22, 2024 8:18 AM CDT - Clint Pechacek Page 2 of 3 Reading the directions for the Employee Information Report, It say's " Do not complete this form for construction contract awards. If we are a General Contractor, do we need to fill this out and pay the fee? Answer While Job Order Contracting is not eligible for new construction in Texas, this category may still qualify as a "construction contract award" by New Jersey standards. Therefore, Region 10 advises vendors not to use report AA302 to fulfill this requirement for doing business in New Jersey. Vendors are also reminded that New Jersey specific forms (Forms 14-18) are only required for vendors intending to do business in New Jersey under this contract. Current contract vs. JOC question Question Can you tell me the difference between the current contracts we have in place through Equalis, and this JOC? Currently we have R10-1101A, COG-2133B, and R10-1103A. Thank you. Answer This is a re-solicitation of our original RFP for non-state-specific, non-industry specific JOC services. R10-1101 was a roofing RFP with JOC methodology included. R10-1103 was a paving RFP with JOC methodology included. Region 10 ESC cannot comment on oth er public agencies' solicitations. Question clarification: Implementation and support plan Question Please clarify the question: Describe your company’s implementation and training plan for new customers. Is this intended for clients once a JOC project kicks off, or is it focused on training new customers about how to leverage the JOC agreement. Answer 754 Generated on Apr 22, 2024 8:18 AM CDT - Clint Pechacek Page 3 of 3 This question is intended to give vendors the opportunity to share any implementation and/or training they offer to districts related to the scope of the services in this RFP. It is focused on services offered to onboard and maintain good relations with customers. Proposal Form 16: Non-Collusion Affidavit Question It appears that the Form is centered around the State of New Jersey and Harrison Township Board of Education. Will this form be updated for Texas? Answer This is a New Jersey specific form not relevant in the state of Texas. Vendors wishing to use the contract to do business in New Jersey must complete the New Jersey specific forms. Proposal page count question Question For the proposal Form 2 instructions, it's noted that we are limited to 100 pages, but it also mentions that if we submit more than 30 additional pages, it could result in us being non - responsive. Is the page limit 100 pages or 30 pages? Answer The page limit is 100 total pages. The reference to 30 additional pages is a clerical error. 755 756 757 Quote Public Notice - Page 1 of 1 [def:$signername|printname|req|signer1] [def:$signersig|sig|req|signer1] [def:$notarysig|sig|req|notary] [def:$date|date|req|notary] [def:$state|state|req|notary] [def:$county|county|req|notary] [def:$disclosure|disclosure|req|notary] [def:$seal|seal|req|notary] Billings Gazette 401 N Broadyway Billings, Montana 59101 (406) 657-1200 State of Texas, County of Bexar, ss: Yuade Moore, being first duly sworn, deposes and says: That (s)he is a duly authorized signatory of Column Software, PBC, duly authorized agent of Billings Gazette, a newspaper of general circulation published that is a "legal newspaper" as that is published daily in the City of Billings, in the County of Yellowstone, State of Montana, and has charge of the Advertisements thereof. If this certification is for the State of Montana, I hereby certify that l have read sec. 18-7-204 and 18-7-205， MCA, and subsequent revisions, and declare that the price or rate charged the State of Montana for the publication for which claim is made in printed copy in the amount of $209.42， is not in excess of the minimum rate charged any other advertiser for publication of advertisement, set in the same size type and published for the same number of insertions, further certify that this claim is correct and just in all respects, and that payment or credit has not been received. PUBLICATION DATES: March. 29 2024 NOTICE ID: h6FU6SmS9ZuxyIs4Au8f PUBLISHER ID: COL-MT-100047 NOTICE NAME: Quote Public Notice Publication Fee: $209.42 [$signersig ] (Signed)______________________________________ [$seal] VERIFICATION State of Texas County of Bexar Subscribed in my presence and sworn to before me on this: [$date] [$notarysig ] ______________________________ Notary Public [$disclosure] AFFIDAVIT OF PUBLICATION 03/29/2024 Electronically signed and notarized online using the Proof platform. $399.12 758 Signed & sworn to me on this 4th day of April, 2024. 3/28/2024, 4/4/2024 -Quote 2X- The Cooperative Council of Govt requested RFP - Electrical equip, tools, supplies, mobile parking payment system and etc., Region 10 (ESC) responses for Groudns Maintenance Equip, Services and Barbra A. DeCapua The Daily Commercial Record 706 Main Street, Dallas, Texas. 75202 (214) 741-6366 712272 759 760 761 762 763 764 765 N EWARKADVOCATE.COM |F RIDAY, MARCH 29, 2024 |3 B VVVVV 5XQQLQJRUQRW 6SHFODOL]LQJLQ6KLQJOHDQG 0HWDO5H5RRILQJ )UHH(VWLPDWHV b5REHUW# DODSON PRESSURE WASHING & PAINTING INTERIOR & EXTERIOR • Houses • Decks/Stain • Pole Barns • Driveways/ Sealcoat • Roof Coatings • Concrete/Waterproof • Log & Cedar • Full Restorations • Fully Insured • Free Estimates 740-319-6844 Anytime OH-0001256157 Christopher's Affordable Lawncare & Services All Landscaping Spring Cleanups Tree Removal Mulch/Gravel Power Washing FULLYINSURED Grass Seeding Mowing and Edging INTERIOR/EXTERIOR PAINTING 740-915-8384 FAMILY OWNED FOR 8 YEARS All Landscaping Yard Cleanups Junk Hauling/Cleanouts Mowing/Edging (1 acre max) Tree/Bush Removal Install new mulch/gravel beds Grass Seeding Interior Painting Services Firewood FULLYINSURED OH-38957982New Home Consultant Wayne Homes’ Newark of- fice is looking for a driven individual who wants limit- less earning potential, with flexibility and willingness to adapt, as well as strong organizational skills with attention to detail. Sign-on bonus of $2,000 after the completion of a successful 90-day evaluation! As a New Home Consul- tant, you will be the first impression that most people have of Wayne Homes. But no pressure. Just be your natural, positive, well-informed, well-organized, happy- to-help self, and you’ll do great. Visit our website for more information on this opportunity and to apply! www.waynehomes.com 330-517-4002 %8<,1*2OGJXLWDUVROG PXVLFDOLQVWUXPHQWV$Q\ FRQGLWLRQWKHROGHUWKH EHWWHU &DOO7H[W All classified ads are subject to the applicable rate card, copies of which are available from our Advertising Dept. All ads are subject to approval before publication. Newark Advocate reserves the right to edit, refuse, reject, classify or cancel any ad at any time.Errors must be reported inthe firstdayof publication.NewarkAdvocateshall notbe liableforanyloss orexpense that resultsfrom an errorinoromission of an advertisement.Norefundsforearlycancellationof order. Classifieds To Advertise, visit our website:classifieds.newarkadvocate.com n Public Notices/Legals email:mncolegals@gannett.com n Business & Services email:mncoservicedirectory@gannett.com n To post job openings, visit:newarkadvocate.com/jobs Notice is hereby given that Licking County Job & Family Services (LCJFS) has issued a Request for Proposals (RFP) for Customized Ride Coordination and Transpor- tation Services. If awarded, any agreements are estimated to start on or after July 1, 2024, and end no later than June 30, 2025. Contracts may be renewed for up to two additional years based on availability of funds and needs of the LCJFS. LCJFS requires that propos- als meet the general speci- fications as outlined in the Request for Proposals. Inter- ested parties can find the RFP at LickingCountyJFS. REQUEST FOR PROPOS- ALS - CUSTOMIZED RIDE COORDINATION & TRANS- PORTATION SERVICES Govt Bids & Proposals 7KH&LW\RI1HZDUN’HSDUW PHQW RI 3XEOLF 6HUYLFH LV UHFHLYLQJELGVXQWLO IRUFRQVWUXF WLRQVHUYLFHVIRU $3UH%LG&RQIHUHQFHZLOOEH KHOG DW 6 WK 6WUHHW 1HZDUN 2+ RQ DW RU DWWHQGHHV PD\ DOVR MRLQ YLD 7HDPV DW KWWSVWLQ\XUOFRP1HZDUNFR QVWUXFWLRQ %LGV DUH WR EH VXEPLWWHG RQOLQH RQO\ DW ZZZELGH[SUHVVFRP +DUG FRSLHVZLOOQRWEHDFFHSWHG %LGGLQJ ’RFXPHQWV DUH DYDLODEOH RQO\ DW ZZZELGH[SUHVVFRP6HDUFK E\3URMHFWOLVWHGDERYHRU VHDUFK IRU NH\ZRUGV LQ WKH 3URMHFW 1DPH ’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’LUHFWRU RI 3XEOLF 6HUYLFH &LW\ RI 1HZDUN2KLR ’DYLG5KRGHV ’LUHFWRURI3XEOLF6HUYLFH &LW\RI1HZDUN2KLR 1$’90DUFK$SULO 7KH &RRSHUDWLYH &RXQFLO RI *RYHUQPHQWV &&2* RQ EHKDOI RI (TXDOLV *URXS PHPEHUV KDV LVVXHG D 5HTXHVW IRUb 3URSRVDOV 5)3IRUWKHIROORZLQJFDWH JRULHV (OHFWULFDO (TXLS PHQW 7RROV 6XSSOLHV DQG 5HODWHG 6HUYLFHV 0RELOH 3DUNLQJb 3D\PHQW DQG 0DQDJHPHQW 6ROXWLRQV &006DQG)DFLOLW\0DQDJH PHQW 6RIWZDUH DQG 5LGHVKDUH DQG 7UDQVSRUWD WLRQb 6ROXWLRQV 2UJDQL]DWLRQV ZKR ZLVK WR SDUWLFLSDWH LQ WKH5)3SURFHVVPXVWUHJLV WHU ZLWK %RQILUH VWUDWHJLF VRXUFLQJb SODWIRUP WKURXJK WKLV OLQN KWWSVWLQ\XUOFRP\DNJ WR GRZQORDG DQG FRPSOHWH WKH 5)3 SDFNDJH &RPSOHWHGbSURSRVDOVDUHGXH EHIRUH SP (7 RQ 7KHSURSRVDORSHQ LQJ ZLOO WDNH SODFH RQ DW30b(DVWHUQ 7LPHYLD7HDPV 5HJLRQ(GXFDWLRQ6HUYLFH &HQWHU (6& RQ EHKDOI RI (TXDOLV *URXS PHPEHUV LV UHTXHVWLQJ UHVSRQVHV IRU *URXQGVb0DLQWHQDQFH(TXLS PHQW DQG 6HUYLFHV ,QWH JUDWHG )LUH 3URWHFWLRQ DQG 6HFXULW\ 3URGXFWV DQG 6HUYLFHV -RE 2UGHUb &RQWUDFWLQJ (GXFD WLRQDO 6FKRRO 6XSSOLHV DQG 5HODWHG6HUYLFHVDQG)DFLO LW\ 0DQDJHPHQW 6HUYLFHV 5HVSRQVHVDUHGXHb EHIRUH 30 &HQWUDO 7LPH 7R EH FRQVLGHUHG UHVSRQGHQWV PXVW VXEPLW D UHVSRQVH WR 5HJLRQ (6& LQb DFFRUGDQFH ZLWK VROLFLWD WLRQGRFXPHQWDWLRQDYDLODEOH DW KWWSVZZZUHJLRQRUJDER XW XVUHTXHVW IRU SURSRVDOV ELGV 7KH ELG RSHQLQJ ZLOO WDNH SODFH DW 30 &HQWUDO 7LPH YLD =RRP DV VWDWHG LQ WKH5)3 5RFNLHV 3URFXUHPHQW 6HUYLFHV536RQEHKDOIRI (TXDOLV *URXS PHPEHUV LV UHTXHVWLQJ UHVSRQVHV IRU 1RQ&RQVXPDEOHb )RRGVHU YLFH 6XSSOLHV (TXLSPHQW 5HVSRQVHVDUHGXH EHIRUH 30 0RXQWDLQ 7LPH 7R EH FRQVLG HUHGb UHVSRQGHQWV PXVW VXEPLWDUHVSRQVHWR5RFNLHV 3URFXUHPHQW6HUYLFHVDFFRU GDQFHZLWKVROLFLWDWLRQGRFX PHQWDWLRQb DYDLODEOH DW KWWSVZZZURFNLHVSURFXUH PHQWVHUYLFHVERQILUHFRPRS HQ2SSRUWXQLWLHV 7KH ELG RSHQLQJ ZLOO WDNH SODFHb DW 300RXQWDLQ7LPHDV VWDWHGLQWKH5)3 1$’90DUFK$SULO Bids & Proposals ,Q WKH &RXUW RI &RPPRQ 3OHDV RI /LFNLQJ &RXQW\ 2KLR&DVH1R&9 3(11<0$& /2$1 6(59,&(6 //& 96 81.12:1 +(,56 $7 /$: ’(9,6((6 /(*$ 7((6 (;(&87256 $1’ $’0,1,675$7256 2) $17+21< *8,16/(5 ’(&($6(’ (7 $/ ’()(1’$176 8QNQRZQ +HLUV DW /DZ ’HYLVHHV /HJDWHHV ([HFX WRUV DQG $GPLQLVWUDWRUV RI $QWKRQ\ *XLQVOHU GHFHDVHG ZKRVHODVWNQRZQDGGUHVVLV XQNQRZQDQGZKRFDQQRWEH VHUYHG ZLOO WDNH QRWLFH WKDW RQ )HEUXDU\ 3ODLQ WLII ILOHG D &RPSODLQW IRU )RUHFORVXUH DQG RWKHU (TXL WDEOH 5HOLHI LQ WKH /LFNLQJ &RXQW\ &RXUW RI &RPPRQ 3OHDV/LFNLQJ&RXQW\2KLR &DVH 1R &9 DJDLQVW 8QNQRZQ +HLUV DW /DZ ’HYLVHHV /HJDWHHV ([HFXWRUV DQG $GPLQLVWUD WRUV RI $QWKRQ\ *XLQVOHU GHFHDVHG DQG RWKHUV DV ’HIHQGDQWV DOOHJLQJ WKDW $QWKRQ\ *XLQVOHU GHFHDVHG LVLQGHIDXOWIRUDOOSD\PHQWV IURP -XQH WKDW RQ 0DUFK $QWKRQ\ *XLQVOHUGHFHDVHGH[HFXWHG DQGGHOLYHUHGDFHUWDLQ0RUW JDJH ’HHG LQ ZKLFK VDLG ’HIHQGDQWV DJUHHG DPRQJ RWKHUWKLQJVWRSD\WKH1RWH DQGWRFRPSO\ZLWKDOORIWKH WHUPVRIWKH0RUWJDJH’HHG KHUHLQDIWHU GHVFULEHG ZKLFK 0RUWJDJH ’HHG ZDV ILOHG LQ WKH 5HFRUGHUV 2IILFH RI /LFNLQJ &RXQW\ 2KLR RQ 0DUFK UHFRUGHG LQ ,QVWUXPHQW 1R WKDW IXUWKHU WKHEDODQFHGXHRQWKH1RWH LVZLWKLQWHUHVWDW WKH UDWH RI SHU DQQXP IURP -XQH WKDWWRVHFXUHWKHSD\PHQWRI WKH1RWHH[HFXWHGDQGGHOLY HUHG D FHUWDLQ 0RUWJDJH ’HHGWRDQGWKHUHE\FRQYH\ LQJLQIHHVLPSOHWKHIROORZ LQJGHVFULEHGSUHPLVHV 6LWXDWHGLQWKH6WDWHRI2KLR LQWKH&RXQW\RI/LFNLQJDQG LQWKH&LW\RI1HZDUN &RPPRQO\ NQRZQ DV &\SUHVV ’ULYH 1HZDUN 2+ DQGIXUWKHUDOOHJLQJWKDWWKH DIRUHVDLG0RUWJDJHLVDYDOLG DQGVXEVLVWLQJILUVWDQGEHVW OLHQXSRQVDLGSUHPLVHVDIWHU WKH OLHQ RI WKH 7UHDVXUHU WKDW WKH 1RWH LV LQ GHIDXOW Public Notices Etna Township Zoning Commission Etna, Ohio The Etna Township Zoning Commission will hold a public hearing on April 9, 2024 starting at 6:00 p.m. at the Etna Township Adminis- tration Building, 81 Liberty Street, Etna, Ohio. The application submitted by the Board of Trustees for text amendment to the Zoning Resolution to Article 9 – Section 909 Light Manu- facturing District (M-1), Conditionally Permitted Uses. The proposed zoning amend- ment application proposing to amend the Zoning Reso- lution will be available for examination for a period of at least ten (10) days prior to the public hearing at the following location: The Etna Township Administration Building, 81 Liberty Street, Etna, Ohio between the hours of 9 a.m. and 5 p.m., Monday through Thursday. Please call 927-7717 for an appointment. The Etna Township Zoning Commission will, within 30 days after the hearing, refer to the Board of Township Trustees a recommendation on the proposed amendment. Holly Palumbo, Clerk Etna Township Zoning Commis- sion March 29 2024 LWOO0079935 Notice of Public Hearing Govt Public Notices ested parties can find the RFP at LickingCountyJFS. com or can receive a copy by e-mailing Kari Matheny, LCJFS Program Specialist at Kari.Matheny@jfs.ohio. gov. All the respondent’s program information is to be contained in their proposal. Contracts shall be awarded after a thorough review and pending the availability of funds. In the awarding/ selection of provider(s), the contents of the RFP shall be considered as a contractual obligation. Proposals are due no later than 11:45 A.M. May 2, 2024, to Licking County Commis- sioners’ Office, c/o Bev Adzic, 20 S. 2nd Street, 4th Floor, Newark, Ohio 43055. A Bidders’ Conference is scheduled at 11:30 A.M. on April 18, 2024, at OhioMeans- Jobs | Licking County, 998 E. Main Street, Newark Ohio to answer questions pertaining to the RFP. All proposals submitted will become the property of Licking County. LCJFS and the Licking County Board of Commissioners reserve the right to accept or reject all proposals, the right to waive any informalities in the proposals received, and to cancel in part or in its entirety this RFP. 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Subscribed and sworn to before me, by the legal clerk, who is personally known to me, on 03/29/2024 M y com m ission exp ires P ub licatio n Cost: $159.77 Order No: 9983951 The Cooperative Council of Govern- ments (CCOG), on behalf of Equalis Group members, has issued a Request for Proposals (RFP) for the follow ing categories: Electrical Equipm ent, Tools, Supplies and Related Services; Mobile Park- ing Paym ent and M anagem ent Solu- tions; CM M S and Facility M anage- m ent Softw are; and Rideshare and Transportation Solutions. Org aniza - tions w ho w ish to participate in the RF P process m ust register w ith Bonfi re stra tegic sourcing platf orm through this link h1!~.lL1inYvrl ,com /y..Q.!s.giUZ to dow nload and com plete the R F P package. Com pleted pro posals are due befo re 3:00pm ET on 4/26/2024. The proposal opening w ill take place on 4/26/2 024 at 3:00 PM Eastern Tim e via Team s. Region 10 Education Service Center (E SC ), on behalf of Equalis G roup m em bers, is requesting responses fo r Grounds M aintenance Equip- m ent and Services; Integra ted Fire Protection and Security Product s and Services; Job Order Contra ct- ing; Educational School Supplies and Related Servic es; and Facility M anagem ent Services. Responses ore due 04/2 6/2 024 before 2: 00 PM Centra l Tim e. To be considered respondents m ust subm it a response to Region 10 ESC in accordance with solicitation docum entation available at h!!RS : llwww. reg i.2.0.l.Q...Qr gi.Q.QQ.U!: ~~P.Ul Posa Is bids/. The bid opening w ill take place at 2:00 P.M . Centra l Tim e via Zoom as stated in the RF P . Rockies Procurem ent Services ( RP S), on behalf of Equal is G roup m em bers, is requesting responses for Non-Consum able Foodservice Supplies & Equipm ent. Responses ore due 04/26/2024 before 1 :00 PM M ountain Tim e. To be consid- ered respondents m ust subm it a response to Rockies Procurem ent Services accordance w ith solicita- tion docum entation available at ht tps ://w w w .rockiesProcurem entser vices,bonfi re.com/oP.fill.Qr:.1Portun ities . The bid opening w ill take place at 1:00 P.M . M ountain Ti m e as stated in the RF P . 3/29/24 9983951 Customer No: P O #: THIS IS NOT AN INVOICE! 823104 # of Copies: 1 Please do 1101 use this form forpayment remittance. KA1HLE.EN Al~EN Notary public . W. cons111 Stateof '~ Pag e 1 of 1 767 6 B I FRIDAY, MARCH 29, 2024 I PENSACOLA NEWS JOURNAL C l a ssifie ds To Advertise, visit our website: classifieds.pnj.com I Public Notices/Legals email: pnjlegals@gannett.com I Business & Services email: servicedirectory@pnj.com I To post job openings, visit: pnj.com/jobs ·· VISAil TOADVERTIS Visit Our Website: classifieds.pnj.com All classified ads are subject to the applicable rate card, copies of which are available from our Advertising Dept. All ads are subject to approval before publication. Pensacola News J the right to edit, refuse, reject, classify or cancel any ad at any time. Errors must be reported in the first day of publication. Pensacola News Journal shall not be liable for any loss results from an error In or omission of an advertisement. No refunds for early cancellation of order. Pets Adopt Me all im la"°'i"" - Pug Pups, AKC, l fawn M, l fawn F, l black F, shots & worm ed, ready to go, $700. 228-236-8040 Domestic Pets J F e m a le P o m sk Y 2 y e a rs old Markings of a Siberian Husky, size of a porn. Make Offer. Call 850 469-8868 leave messcse Yorkies (Tiny), Florida Health Cert., shots, deworm ed, $900. Please text 850-612-0731. Stuff Assorted all knds of th,og~ 2 C e m e ta ry 2 Burial Plots w/ vaults in Christus Gar- dens at Pensacola Mem orial Gardens. They can be used as burial or crem ation plots. $4500 for both. 606-391-3341 - - - --- - General Merchandise slightly used handicapped itemsl ro ll in shower chair, shower chair, standup walker,etc 850-478-672 8 jack Shaw 1531W .91/2 Mile Rd Cantonment, FL 32533 Qwanted_to Buy _ BUY! NG sports cords, auto- graphs, memorabilia, records, coins & old toys. 850-696-8637 email mover@gte.net • Wanted to Buy - --- WANTED Highwaymen Art Backus, Newton, Buckner, Hair, Mclendon, Butler, Walker, Moran 'I Jobs WANTED TO BUY: WINCHESTER RIFLE 30-30 lever action. 850-463-5617 Careers new begmog,rt, a Professional W a te r W a stewater Treat- m ent Positions Town of Century is hiring for the following positions: Water Treatment & Wastewater Treatment Plant Superintendent $66,560 - $85,000 Water Treatment Plant Lead Operator $62,560 - $66,560 Wastewater Treatment Plant Operator $28/hr - $32/hr lhowington@centuryflorida. us www.townofcenturyflori- da.com 8502563208 Professional Service, all your needs ... Rip out driveways, sidewalks, cotios.repluce & install bldg. foundation. stamped concrete work. Some brick work depending on assignment. Same day consultation. Lie & Ins AC L Concrete 850- 483-7883 r,;i Clean Up and ~ Removal gotclutter.com We Haul EVERYTHING Small & Large! 850-565-0070 @1 i MI 11§ iuHl·11131Hllll ~ .. ~· ~"' ....... ~~~' t:. t.. 'E. TRAFFORD'S HANDYMAN SERVICES *PRIVACY FENCE 'PAINT INT/EXT 'SHEETRK REPAIR*· INSTALL & REPAIR •POPCORN REMV •KITCH CAB 'INT DOOR 850-529-8602/ 850-341-7603 SHANE'S DRYWALL and PAINTING SAME DAY ESTIMATE ... NO MDNEY DOWN ... NO UP-FRONT MATERIAL COST Any and all drywall repair and painting Popcorn rem ovel W ater damage Lisenced & Insured THANK YOU AND GOD BLESS PLEASE CALL 850-960-0867 Q Landscaping _ HANDYMAN Essential Hauling, Mowing Yards & Lots, Cut Bushes & Limbs, Storages. Fence Installation & Repair. Pensacola 850-72 3-7049 All Hilborn YARD CARE Mowing -Bush Hogging Edging -W eed Eating Hedges -Tree W ork Sodding -Blowing -Haul Off 850-232-5613 TRAFFORD'S LAN DSC AP I NG Grass cutting, Sodding, Edging, Weeding, Flower Beds, Pressure Washing/Gutter Cleaning, Privacy Fencing 850-529-8602/850-34 l- 7603 BARNES FENCE & GATES Quality Craftmanship Hauling , Solar Free Lighting Free Estimates Ca II ( 850) 285-0020 I .. , Services - ---------- ------ RILEY'S HOUSEWASH I NG Professional Cleaning - Without the High Pressure res/com & lie/ins. BBB Mem. Sr citizen disc .. 26 yrs exp, 850-626-3649 Public Notices Your Source a_ for the latest... ~ Public Auto Sole- SOLD AS IS 2111 W LAKEVIEW AVE PENSACOLA FL 32505 12 NISSAN JNBAF5MR8CT11420l 04 HONDA l HFSC430X4A401581 02 SEADOO-ZZN ZZN36157A202 APRIL 152024/9AM l STR ESPONSEROADSIDE@ GMAIL.COM (850)-982-1178 Morch 29 2024 LSAR0076204 - -- -- --- Auto Auction --- - PUBLIC AUTO SALE- SOLD AS IS 6124 MULDOON RD PENSACOLA FL 32526 18 ROBB-KAUFMAN INC 5SHFW5031JB000l l5 08 PONT lG2MB35B28Yll1058 03 SATRN lG8AG52F03Zl31597 05 HOND lHGCM66585A034634 97 CHEV lGlYY22G8V5108015 April 22 2024/ 9arn (850)-982-1178 l st responseroadside@gma i I. corn March 29 2024 LSAR0079200 The Cooperative Counci l of Govern- ments (CCO G ), on behalf of Equctts Group members, has issued a Request for Proposals (RFP) for the following categories: Electrical Equipment, Tools, Supplies and Related Services; Mobile Park- ing Payment and Management Solu- tions; CMMS and Facility Manage- ment Software; and Rideshare and Transportation Solutions. Organiza- tions who wish to participate in the R FP process rnust register with Bonfire strategic sourcing platform through this link h11P.Llftinv.l1tl.J;Qmlv.JJ.!,g.6m to download and complete the RFP package. Completed proposals are due before 3:00pm ET on 4/26/2024. The proposal opening will take place on 4/26/2024 at 3:00 PM Eastern Time via Teams. Region l O Education Service Center (ESC), on behalf of Eouofls Group members, is requesting responses for Grounds Maintenance Equip- ment and Services; Integrated Fire Protection and Security Products and Services; Job Order Contract- ing; Educational Sch ool Supptles and Related Services; and Facility Management Services. Responses are due 04/26/2024 before 2:00 PM Central Time. To be considered respondents must submit a response to Region 10 ESC in accordance with solicitation documentation available at h!!Ps·//yJww regJ.Q.n.l.Q...Qr.g~ ~uest-for-P...t:..QP0Sa!sbids/. The bid opening will toke place of 2:00 P.M. Central Time via Zoorn as stated in the RF P. Rockies Procurement Services (RPS), on behalf of Equalis Group members, is requesting responses tor Non-Consumable Foodservice Supplles & Equipment. Responses ore due 04/26/2024 before l: 00 PM Mountain Time. To be consid- ered respondents must submit a response to Rockies Procurement Services accordance with solicita- tion documentation available at https://www rockiesr:1rocurementser vices bonfire com/pofillQP..P0rtunities . The bid opening will take place at l :00 P.M. Mountain Time as stated In the RFP. 3129124 9983951 PUBLIC ANNOL Design Review / in the Office of JO E. Texar Pensacola, FL ing proiect: Phase II - EI School - Locker Monday, April 12:00 pm, local Architectural, Electrical/ Tele M. Keith Wosd ties Planning. March 29, 2024 9 SEL Bl FINI cars yard salt tickets antiques motorcy compute boats sports e pets instrurne jewelry furniture auctions collectib applianc cameras coins Plac elasslfie ECOVIEW i 768 •LocaliQ California GANNETT PO Box 631437 Cincinnati, OH 45263-1437 PROOF OF PUBLICATION Kim Ridgeway Doug Knowles Jr Mca-Russell Johns 17110 Gunn HWY Odessa FL 33556-1909 STATE OF WISCONSIN, COUNTY OF BROW N The Record Searchlight, a newspaper published in the city of Redding, Shasta County, State of Califo rnia, and personal knowledge of the facts herein state and that the notice hereto annexed was Published in said newspapers in the issue: 03/29/2024 and that the fees charged are legal. Sworn to and subscribed before on 03/29/2024 My commission expires Publication Cost: $157.10 Order No: 9984146 Customer No: PO#: THIS IS NOT AN INVOICE! 824685 # of Copies: 1 The Cooperative Council of Governments (CCOG), on behalf of Equalis Group members, has issued a R e q u e st fo r P ro p o sals (R F P ) fo r the following cate- gories: E lectric al Ecul p- m e n t, T oo ls, su n e u e s a n d Related Services; M obile P a rk in g P o v m e n t a n d M anagem ent Solutions; C M M S an d F a c ility M a n a g e - m e n t So ftw a re ; a n d R id esh o re a n d T ra n sp o rta - tio n So lu tio n s. O rg a n iza tio ns w ho w ish to partici pate in th e R F P p roc ess m u st re s ts- ter with B onfi re strategic sourcing platform through th is lin k btl P..S.;/Llin YJirl. l:.!l!llL v.Qk ~ to do w n lo a d and com plete the R FP pa ck- ag e . C o m p le ted p ro p o sa ls a re d u e be fo re 3:00 p m E T on 4/26/2024. The orocoso! op e n - ing will to k e p la ce on 4/2 61'1 024 a t 3:00 PM E a ste rn T im e via Teams. Region 10 E d u c a tio n Service C e n te r (E S C ), on be h a lf of E q u a lis G ro u p m e m b e rs, Is req u e sti n g resp o n se s fo r G ro un d s M a in te n a n ce E q u ip - m e n t an d Services; Inte- g ra te d F ire P ro te ct io n an d security P rod u cts and Se rv ic e s;J o b O rd e r C o n tra ct - in g ; E d u ca tio n a l Sc h o o l Su p p lie s and R e la ted Se rv ic e s ; a n d F a c il it y M a n a g e m e n t Se rv ic e s. Responses ore d u e 04/26/2024 be fo re 2:00 P M C e n tra l Tim e. To be considered respondents m ust submit a response to Region 10 ESC in accordance wi1h solicltu- tion doc umentation available at htt~s · //www reg.lo.nlO... ors/about-us/req~ru-.~m ~- The bid ope ning will take place at 2:00 P.M. Central Time via Zoom as stated in the RFP. Rockies Procurement Services (RPS), on behalf of Equalis Group members, is requesting responses for Non-Consumable Food ser- vice Supplies & Equipment. Responses ore due 04/2612024 before 1 :00 PM Mountain Time. To be consid- ered respondents must submit a response to Rockies Procurement Services occor- dance with solicitation cocu- mentotion available at httPs·/fwww rockies~ mentservices bonfire com/oo. fill.Q R~. The bid opening will take place at l :00 P.M. Mountain Time as stated in the RFP. March 29, 2024 #9984146 Please do not use this form for payment remittance. KA1HLEEN AL~EN Notary Public . State of Wis<;.S'nsin - . Page 1 of 1 769 R E D D I N G .C O M I F R ID A Y , M A R C H 2 9 , 2 0 2 4 I 5 8 Classifieds To Adver tise, visit our website: cl ass ifieds.redding.com I Public Notices/Legals em ail: n legals@ reddlng.com I Business & Services em ail: servlcedlrectory@reddlng.com I To post job openings, visit: redding.com /Jobs VISA TO ADVERTISE Visit Our Website: classifieds.redding.com A8 tbuJffed ~- ;,u• f\lb¾«t to the ~c..,bk n.te o•d, "opln ot 'o'Al!d, .«t •~IPbbt.r from 0111 AcW11t1Jln, 0-lrt •~ od, -,e ,11bjfl« to ;:ippn;,v,t kfou1 publloUvtt. Rrddlll9 li-d $t,n<h,'Jh\ tt\tlfll lJII 119ht to e.ti:t, ~.».f{,tt, rt.nlfyo, Utlttlal'iyad.rt _,..,, tt-. s:1,onP11dtbe1e,iOl't.ed b'ltheffut dayofpubllutlon P,,,.fdlll9~tord !hlaiebllg~ f)l31!,..;,t beli•bl•tw •"ll to,u fl.I t>tpef'>n IJ'lat l'll'Wltsfn,m ;J"ttnwlno,mnlulencf Ml Mfll M kHn Oflt. N6Mwuk fa::,ea1lyt~;itlo,,oi -~, Adopt Me ■itU~~ all jour favor,tes. .. ~i·NI M Uti@ tM , Blue Yorkie Pu11s,p11r,:nl5 oo sl!e, sholsde-,..'Orm, tc o good home. $900-IOOOSlO· 3-67-1072 mini Austrulhm Lobr<ldoo• dlclmlnlpuptefl,reodyfor hi$ new home, Our J>Upple5 come wnh tnetr ruuset ct voccinoliorn and worm- tns . lheY're well wcioli1ed, storied on crore trol11!n11 ond r,ot1ylrofnlng. N-Dmn dod on-)ile. mini Austroliou Jobrodoodlc Pti l>P its ore no1 lobeconfusedwlth the AU$.\ledoodli:, Aus.slN:loodJe·s ori:muchlorger,ourJ>Upples cre m ctus enereuc nct sc they ore non-shedding ond hYPoolleroeulc,tMyore verylntclligefl!ondhove tho! 1t'ddv bear derl'll!onor theynrevl!ryreloxt'd.male isU00.00,Weorelocotedln Medford Oreoon We're will- Ing lo dellver up to lSO mlles ofMe-dfo,-d0rl'9onThunx for Looking. S41-i•0--67J8 Yorkshire Terriers-el bobles,htshoh,heollh guoro11IN',S800ondup.CoU 1-SJO..H-4-9-WII AKC Welsh Pembroke Corgls,ovallablenow, M/F. AKC l>(lrenb, $7.S0- $1200. Coll S-41-S9\4SB.S Assorted Sfflt i~~ al! kinds of things. .. ~ .IJMtli:i§ifflM/b tWim.wa BUY-SELL-TRADE Cosh Poicl for Records, LPs, .t.\s, 7As, CDs, Cone1ti:s,Vidi:oGomes II. Stereo E11UIPme11t Redding ~ecards & Music 610NorthMorkelSI Redding 530--691443-6 12PM-6PM DAILY Garage sales •tifffi@!t ne:ghbm!y deals. .. HOME REPAIRS bv Lit'~ c ... ,. t:ont,nr.lor bYlhfo Job er bvth<:ll ou r.Smo ll lob,; '"''· 1.1 ,. •60-m6 229•1719 Real Estate .• •;®'tit: PU!ILISHER'SNOTICE /.ll1<1lnlllt1~..,t"ici\r<Nlhwtt,<tto ,1io1N0<•1w~'"'i!Act.'l,♦,ii~'"-"!• ~ ,..,. ,o ""'"lkf.,., i"r/"CS('· . W.:.or h u i""°"'"i;ft """'lr><,.< . ,rt'9"".w.. ........ ,...,;i.,1,u 1..,.,. •::k<iJl,il#.011,.1...:!1J1tn,ll,:lll"f!..<h v,!,,.,,.,.~M.t1,hc,;,,,,v.;,,,,_·w, ,.;1 r.tl ~"t!y Hnr;1 /ltrj ~fflli,l ~g lol u ll ..i ¥,ffl ~k ir,.;~ ~thl.ow.>J~'°". ••t~t1•·@ 1,y ;.1 ,. ... ~, .i1,,..11"1, = ~ "'°"'" ,;O>ltff"<l1"'li!ylhil. "111:11!:::f- {tjl~,:C.Utlt\Jili■ 60vroldmonre<1ulreso smollhousewlthogoroge. Condoyordmolnte-- nonce.Hossmollsteody rocem e se cen orreose eutc- mcuc ee vo-ent ct rent, Contoct Mrs.CO SJ0-52~·1395 Vehide, .. 1;@¥\P RVs,mo:«r1-cl-:1,f1t ~~TCl!Jui·Mt!.¥M sS ~ wontee molhomeor!rovel lroller prtvete P011YWIII POV coshcollmorv9167280S92 9167280592 WANTED; Molor-homes, gos &dle5el,Sthwh~1&-lrovel 1rallen,cors&1ruck1!Tlred of BULLor, Internet, c01isl11nn1e111s,1rude•lns? TOP n CASI! on the SPOI, I cometuyuu.559-790-1581 Y o u r So u rce .. l@ @ IW for the latest... ~1a1m• The ccceercnve Council of Governments ICCOG), on behalf ot Equolls Grour, members, hos lnucd o Ri:<IUnt for Pror>osols (RFP) for 1hi:followln11 cotc- 11or!"; Eli:drkol Equlp- menl, Tools, Supplies and Related Services: Mobile Parking Povmenl uni.I Monc11ement Solutions; CMMS and Foclllty Mono11e- ment Software; ond Rldesho,e ond Tran\POr1o· lion Solu11ons. Qrganlzotlofl, wtm wish to portklPute Ii, the Fl:FP nrncen must regls• !er with Ooollre slr01Clllc sourcing plol!orm th.-ough 1hls link bl.lR.Ll.1inY..IJ.I.i. ~ lo download cmd complete 1he RFP PUc.k• r!i;le. Complcti:d pr~ls ure due tJl!'IO.-e 3:GOPfll ET Oil A/2"1112~. Thi: pr()J)Olol Of)en- i1111 will take nluce or1 4n6/2il24 at J;OO PM Eastern TimevinTeums, Reoiun JO Edutulio11 Servile Cen1er (E5.C), Oil behalf of (;,1uolis Group memben, i5 requnllno resPQrls.es tor Grourn,h Molnl~ntmte EquiP• ml!n1 ond Servku; lnte- 11ruted firt. Pra1ection onlt Securl1y Products and 5.ervices;Job Order Contract• lny; ECucational School 5.upplies mu1 Relate1t Services; ond Fncilily Monagemi:nl Servicrs. R"'sPuns,-. ore d,ie OU26/J01A ~fore 2:00 PM Centrul Time. Tri be u,nsh.lered resPOnden'5 must submil a @1:oort:1m• rnPQlls.e to Region lO ESC in occordo11ce wl1h solicllo• lion documi:nlolio,1 uvoilnllle al bt1P1 ·1fVb'Yt'(est ion JQ ~~"~n·1o~ii: will toke plote ul 2:00 P.M. Cen!ral Time via Zoom os sloled in lhe RFP Rockies Procuremen1 Ser\'lces (RPSL on behalf of Equtilis Gruvp meml>l'n, is rr,ques1ing runonsei lor Non-C011sumoble F01xhi:r- vlce SUPptiu & E11ui1>menl. ReSl>Ofl!>!!S Ure due (Mr.!6/2024 before 1:00 PM Mountain Time. To be consid• ered rtsPOndents must suhmil o rewonse lo Rockies Procurement Services occor• dunce with solicitollon ,locu- menlollon ovalloble ot WJin·/twww aKkit,m~ ~~nlirfi:=,,,om'£~t openlng w!ll lcke Place at l :00 P.M. Mouutain Time ns stcitMinlheRFP. Morch?9,2024 199114146 FICTITIOUS BUSINESS NAME STATEMENT FON Number: F:l0240179 This slole1Tie11I \Volo filed in lheofticeol: Shaslo Counlv Clerk's Office 2/13/1024 llv: Jenna Rodriguez Su~lnen Non1e(sJ ond Address(esl SWel!I Fih1ess Klckboxiny 1315 Churn Creek Rd Suite GJ Redding, CA96003 ReYistronl Addrl'n(e,l 3!50WindingWoY Redding, CA9t.OOJ 42 Ook Or Chico, CA9697J stole: Colifon1io Oegon Tronsoctlng Busl- Jonuory 1, 101~ Statement Expiru On; Februorv 13, 2029 Ousir.en isConduc1ed Ov: Co-Partners NOTICE - IN ACCOROANCE WITH SUBDIVISION (u) OF SEC•TION 179?0, A FICTITIOUS NAME STATEMENT GENERALI.Y EXl>IRES AT THE;: ENO OF FIVE YEARS FROM THE DATE ON WHICH IT WAS FILED IN THE OFFICE OF THE COUNTY CLERK, EXCEPT, AS f'Fl:OVIDED IN SUBOIVISION {bl OF SECTION 17920, WHERE IT EXPIRES 40 DAYS AFTER ANY CHANGE IN TtlE FACTS SET FORTH IN THE STATEMENT PURSUANT TO SECTION 1791J OTHER THAN A CHANGE IN THE RESIDl::NCE ADOR(;SS OF A REGISTF.REO OWNER. A NEW FICTITIOUS BUSI- NESS NAME STATEMENT MUST HE FILED BEFORE THE EXPIRATION. TIIE FILING OF THIS STATE· MENT DOES NOT OF ITSELF AUTHORIZE THE USE IN THIS STATE OF A FICTITIOUS BUSINESS NAME IN VIOLATION OF THE RIGHTS OF ANOTHER UNDER FEOERAL, STATE, OR COMMON LAW (SEE SECTION 1•411 ET SEO., BUSINESS AND PROFES· SIONS COOEJ. Jenna RodrJguei f'rlnt Nome: Ji:nno Rodrl· guei March 15,22,29,Apri1S2024 LYRK007J7st, FICTITIOUS BUSINESS NAME STATEMENT FBS F20HO'l0S This slolement wo!. lllt'd fn the office Ill CATHY DARLING ALLEN, Coun1y Clerk al Shaslu Coun1V, on OV1112CJ'H OY: M. Brid11es, Oi:11utv Fi<.lilious Bu~in,n Nomels): B&.C Ltmdscoplng & Povers, 3772Col Ore Or., Reddfny, CA 96001 Regislronl(s): Bobcot Brody, I.LC 31'2 Col Ore Or., Redding, CA 9d-OQI; CA Businessfsconducled by; A Umlledl.lobililyCompony Begonlronscctlngb1nlnus: 10/110023 SJ Brody Pod11r.tt, Manoglng Member Bobcat Brady, LLC NOTICE-This Flc1itious Nome Slulemenl gellf':rolly ex11iru five yeun from the doll' it wos filtd in the otfict. of th, Countv Clerk, The fillno of this stolemenl d°'s nolofils.elfoutharilelheuse In lhis 1tote- nf n Flr.lillou~ Business Nomi: in violation of the ri11htsolonotherunder fedcrol, state, or common low (S('t Secti011 14411 et s.eq ., Busineu and Profu- sion5Code). J/8, l/lS, 3/n, 3/'J9n4 CNS.J7ffi39J RECORD SCARCHLIGHl Febc'uory 08, 15, '12, 79,202' 19926532 FICTITIOUS BUSINESS NAME STATEMENT FON Number: FlON015i This stotem,nl wos filed In theofficcol; hSOCourtS1rtt! Suite 10a Redding Co 96001 02/06J2024 By; Harlan Je11sen Business Namr(s) ond Addressee~) Divine Right TronsP-Orlotion LLC l:WO We~I SlrN!t Suite 205 Redding Co 96002 &-1fflfiM+rnua ~JWti!dHi!,I& Regi5lrout Address(esl IJOOWes!Slrec!Suite205 Redding Co 96002 Slnlt:: CA Oi:gon Tronr.octing Busi- 11eu: Decemberl8,2019 S1ot,menl Expires On: Fcbruory6,2019 Busine!>s Is Conducted Bv: LlmlledUobllllyComponv NOTICE• ltl ACCORDANCE WITH SUBDIVISION (OJ OF SEC-TION 17920, A FICTITIOUS NAME 5TATEMENT GENERALLY EXPIRES AT HIE END OF FIVE YEARS FROM THE DATE ON WHICH IT WAS FILEO IN THE OFFICE OF THE COUNTY CLERK, EXCEPT, AS PROVIDED 1N SUBDIVISION (bl OF SECTION 17920, WHERE IT EXPIRES 40 DAYS AFTER ANY C.HANGE IN THE FACTS SET FORTH IN THE STATEMENT PURSUANT TO SECTION 17913 OTHER THAN A CHANGE IN THE RESIDENCE ADDRESS OF A REGISTERED OWNER A NEW FICTITIOUS BUSI• NF.SS NAME STATEMENT MUST BE FILEO BEFORE THE EXPIRATION THE FILING OF THIS STATE- MENT DOES NOT OF ITSELF AUTHORIZE THE USE IN THIS STATE Of A FICTITIOUS BUSINESS NAME IN VIOLATION OF THE R1GHTSOF ANOTHER UNOER FEDtRAL STATE, OR COMMON LAW (SEE SECTION 1'411 ET SEQ., BUSINESS AND PROFES- SIONS CODE). Horlon Jensen Prifll Nome: Hurlon Jensen MorchB,15,22,192024 LYRK0070617 FICTITIOUS BUSll~ESS NAME STATEMENT FBN Numhe.-: F20141l275 This sloli:menl wos hied in the office al: ShostoCounly,Morch7,2014 BY: Michael Erin Ron Business Nome($) ond Addrus(es) l"heWnrkshopBor SonMorwnoMorket 15S1Morl<t>IS!r~I Redding CA, 96001 Reglstrnnt Addren(esl 1011 Porkview Orlve Redding, CA 96001 Stole: CALIFORNIA Began TnmsacH1111 Busl· 111:ss· Augusl I, ,024 Slotement Expires On: Auvust 1, 2029 Business is Conducled Oy · Front Door Hospilolily NOTICE• IN ACCORDANCE WITH SUODIVISION (o) OF SEC,TION 17920, A FICTITIOUS NAME STATEMENT GENERALLY EXPIRES AT THE END OF FJVE YEARS FROM THE DATE ON WHICH tT WAS FlLEO IN THE OfflCE OF THE COUNTY CLERK, EXCEPT, AS PROVIDED IN SUBDIVISION (b) OF SECTION 17\>W, WHERE lT EXPIRES ~O DAYS AFTER ANY CliANGE IN HtE FACTS SET FORTH IN THE STATEMENT PURSUANT TO SECTION 179\J OTHER THAN A CHAUGE IN THE RESIDENCE AOORESS OF A REGISTERED OWNER. A l~EW FICTITIOUS BUSI• tlESS NAME STATEMENT MUST BE FILEO BEFORE THE EXPIRATION. THE FILING OF THIS STATE· MEUT DOES NOT OF ITSF.l.F AUTHORIZE THE USE IN lHIS STATE 01' A FICTITIOUS BUSINESS NAME IN VIOLATtoN OF THE RlGHTSOF ANOTHER UNOER FEDERAL, STATE, OR COMMON LAW (SEE SECTION 1Hl1 ET SEQ., BUSINESS AND PROFES- SIONS CODE). Allen Knoll Print Nome; Alll'n Knott MurchlS,n,19,AprilS:1014 LYRK0071~41 FICTITIOUS BUSINESS NAME STATEMENT FBN Number: 20240259 This sla!ement was tili:d in lhl.'Olficeuf; Shusta County Clerk Cothv ~~~1/ng Allen on Morch S, Oy; IA. Bridges, DeJ>UlV Business Nome(sJ and Addreu(es) Oakwood 11,.obile Home Pork 1178 1.oke BIVd., Reddli,9, CA9600l Reolstronl Address(es) Rolliug Ook LLC PO Oox 171, Polo~ Verdes Estain, CA 90274 Slote:Colilornlo Begon Tran~ading Busi- neH; July 7, 2~20 Stotemenl Exolri:s On: MurchS,2019 Ausfnen is Conducted Ay: LlmiledllobllllYComponv NOTICE - IN ACC:OROAN<:E WITH SUBOIVISION Col OF SEC-TION 11no, A FICTITIOUS NAME STATEMENT GENERALLY EXPIRES AT THE END OF FIVE YEARS FROM THE DATE ON WHICH IT WAS FILED IN THE OFFICE OF THE COUNTY CLERK, EXCEPT, AS PROVIDED 1N SUBOIVISION (bl OF SECTION 17920. WHERE IT EXPIRES •O CAYS AFTER AflY CHANGE IN THE FACTS SET FORTH IN THE STATEMENT PURSlFAtH TO SECTIOt~ 17913 OTHER THAN A CHANGE II~ THE RESIDENCE ADDRESS OF A REGISTERED OWNER A NEW FICTITIOUS BUSI- NESS NAME STATEMENT MUST BE f"tLED BEFORE THE EXPIRATION. THE FILIUG OF THIS STATE• MENT DOES NOT OF ITSELI' AUTHORIZE THE USE ltl THIS STATE OF A FICTITIOUS BUSINESS NAME IN VIOLATION OF THE RIGHTS OF ANOTHER UNOER FEDERAL, STATE, OR COMMON LAW (SEE SECTION IHII ET SEQ., BUSINESS ANO PROFES· SIONS CODE). Rolliny Oak LLC IVChoz CiPOllo (President) Prlnl Nome: Choi CiPOllo Mord115, 21,29,AprUSl02◄ LYRKOOHlCM FICTITIOUS BUSINESS NAME STATEMENT FON Number: F20240l◄S This 1toterTiefll wos lited in lheo!fici:ol: 1438 Eureka Wov Redding co.96001 07105120H By; Matthew Thomo1-Eu· gene Rice Business Numeh) and Addren(es) Rice Bro,J/uJilsuAcodemy Rtlllstronl Address(ul 1021S ri:gino ln cottonwood "· Stole:onlndlviduol Bi:gon Tronsocting Bus(· Februory ,, 702◄ SlolementExplresOn: f"ebruorvS,2029 OusinusisCondutted Dv: motthewrlce NOTICE - IN ACCORDANCE WITH Sll601VISION (o) OF SEC-TION 17920, A FICTITIOUS NAME STATEMENT GENERALLY EXPIRES AT THE ENO OF FIVE YEARS FROM THE DATE ON WHICH IT WAS FILEO IN THE OFFICE OF THE COUNTY CLERK, EXCEPT, AS PROVJOED IN SUBDIVISION lb) OF SECT JON 17920, WHERE IT EXPIRES 40 DAYS AFTER ANY CHANGE IN THE FACTS SET FORTH IN THF. STATEMENT PURSUANT TO SECTION 17913 OTHER THAN A CHANGE IN THE RESIDENCE AODRESS OF A REGISTERED OWNER ,\ NEW FICTITIOUS OUSI• NESS NAME STATEMENT MUST OE FILED OEFORE THE EXPIRATION. THE FILING OF THIS STATE· MENT OOES NOT OF ITSELF AUTHORIZE THE USE IN THIS STATE Of" A FICTITIOUS BUSINESS NAME IN VIOLATION OF THE RIGHTS OF ANOTHER UNDER FEDERAL, STATE, OR COMt\',ON LAW (SEE SECTION 14411 ET SEQ., BUSINESS ANO PROFES· SIONS CODE). molthe"Nrice Print Nome; mottllew rice Morch lS, 22, 29, Apr/I~ 101◄ LYRK0073JCM FICTITIOUS BUSINESS NAME STATEMENT FON Number; F202402'24 This ilolemenl WO$ fit.ed in theotficeol: CATHY DARLING ALLEN Coun1Y Clerk ol SHASTA Counlyofl Februory76, 2024 Bv: A. Joyner, Depuly Clerk Buslneu Nome(s) one! Addreu(es) Slute$mon'sSoho J790School St Apt C Anderson, CA. 96007 Counfy of ShP!olO Regbtro11t Address(es) Shelby Katherine Stutesman 1790Schoo1 St Apt C Anderson CA. 96007 Rondy Allon Stultimon 17609AndreoWov Anderson, CA. 96007 Slole: CA ~:5~n Tronsoclin11 Busi- Februory 15, 2014 Stolem,n! ExulresOn: February 16, 1019 Bus!nen Is conducted Bv: Co-porlners NOTICE - IN ACCORDANCE WITH SUBDIVISION (a) OF SEC•TION 17920, A FICTITIOUS NAMl:: STATCMEtlT GENERALLY EXPIRES AT THE ENO OF FIVE YEARS FROM THE DATE ON WHICH IT WAS FILED IN THI: OFFICE OF THE COUNTY CLERK, EXCEPT, AS PROVtOED IN SUBDIVISION fb) OF SECTION 179211, WHERE IT EXPIRES 40 DAYS AFTEFI: ANY CHANGE IN THE f'ACl"SSCT FORTH IN HtE STATEMENT PURSUANT TO SECTION 17913 OTHER THAN A CHANGE IN THE RESIOENCE ADDRESS OF A REGISTERED OWNER. A NEW FICTITIOUS BUSI• NESS NAME STATEMENT MUST OE FILED BEFORE THE EXPIRATION. TUE FIUIIG OF THIS STATE- MENT DOES NOT OF ITSELF AUTHORIZE THE USE IN THIS STATE OF A FICTITIOUS OUSINESS NAME IN VIOLATION OF THE RIGHTS OF ANOTHER UNDER FEDERAL, STATE, OR COMMON LAW (SEE SECTION 1◄~11 ET SEQ., IHISINESS ANO PROFES- SIONS CODE). ShelbySlulesmon Print Nome: Shelby Stutes· mon Morcl1 lS, l?, ?9, April Si02~ LYRK00133'2 '6ditWM+Hl,I& FICTITIOUS BUSINESS NAME STATEMENT FUN Number: F20H01.S6 Thi$ slotement wo~ filed In the office of: Shosto Cou11tv Clerk's Office Ov: Shosto County Clerk f!usin,:s~ Nome Isl and Addreu(es) Cuch Cookbook 3Sfl8edror.k Lr, Redding, CA96003 Registrant Address(et.l Krlslvno Koutno 3S0BeUrock LIi Redding, CA 96003 Stole; An lndlvlduol Began Tronsoctln11 Busl- Morch ~, ?02~ Statement Exp/res On: Morch◄,2019 Ruslnen Is Conducted By; Aoron Joyner, Deputy NOTICE - IN ACCORDANCE WITH SUBDIVISION (11) OF SEC.TION 17920, A FICTITIOUS NAME STATEMENT GENERALLY EXPIIH:s AT lHE f;:ND Of' FIVE YEARS FROM THE DATE ON WHICH IT WAS FILED IN THE OFFICE OF THE COUNTY CLER!(, EXCEPT, AS PROVIDED IU SUBDIVISION Cb) OF SECTION 17920, WHERE IT EXl>IFl:ES ◄O DAYS AFTER ANY CHANGE IN THE FACTS SET FORTH IN THE STATEMENT PURSUANT TO SECTION 11913 OTHER THAN A CHANGE IN THE RESIDENCE ADDRESS OF A REGISTERED OWNER. A NEW Fl<:TITIOUS BUSI· NESS NAME STATEMENT MUST BE FU.ED BF.FORE THE EXPIRATION. THE FILING OF THIS STATE· MENT OOES IIOT OF ITSELF AUTHORIZE THE USE IN THIS STATE OF A FICTITIOUS BUSINESS NAME IN VIOLATION OF THE RIGHTS OF ANOTHER UNDER FEOERAL, STATE, OR COMMON LAW (SEE SECTION 14◄11 ET SEQ., BUSINESS AND PROFES- SIONS CODE). Krlslyno Koutnn Print Nome: Kristyno Koutno MorchJS,21.'19,Aprll52112' LYRK007lJ86 FICTITIOUS BUSINESS NAME" STATEMENl FON Number; WATER- WORK PARK This s1olen1enl wos filed In lheofficeof: REDOING, Ca 9600J By: Rf.'becco 01.'l>lOII Buslneu Nome!s) and Addressfesl WoterWorksPork; Registrant Address(es) 151 N Boulder Dr Redding, Co 96003 Stole; CA Began Tron$octing Ousi• ness: Jonuorv 1, 1006 Statement Expires On: Morchl5,2Cl29 Ousinen is Conducted Oy: RebeccoOemoll NOTICE. 111 ACCORDANCE WITH SUBDIVISION (o) OF SEC-TION 1/920, A FICTITIOUS NAME STATEMENT GENERALLY EXPIRES AT THE END OF FIVE YEARS FROM THE OATC ON WHICH 1T WAS FILED IN THE OFFICE OF THE COUNTY CLERK, EXCEPT, AS PROVIDED IN SUBOIVISION (bl OF SECTION 17Y10, WltERE IT f.'XPIRES 40 l)AYS AFTER ANY CHANGE IN HIE FACTS SET FORTH IN THE STATEMENT PUHSUANT TO SECTION 17913 OTHER THAN A CHANGE IN THE Rt:SIOENCE AOD~ESS OF A REGISTEREO OWNER. A NEW FICTITIOUS BUSI· NESS NAME STATEMENT MUST BE FlLEO BEf'ORE THE EXPIRATION. THE FILING OF THIS STATE· MENT DOES NOT OF ITSELF AUTH6RIZE THE USE IN THIS STATE OF A FICTITIOUS RUSINESS NAME IN VIOLATION OF THE RIGHTS OF ANOTHER UNOER FEOERAL, STATE, OR COMMON LAW (SEE SECTION 14411 ET SEQ., BUSINESS AND PROFES· StONS COOE) Rebi:cco Demoll Print Nome: Rebecco Oemoll Morch22,29.APril5,H2024 l.YRK00750!4 FICTITIOUS BUSINESS NAME STATEMENT FON Number: F20240J22 Thisstolt>mt>nl1vosfiledin theolliceol: Shosto County Clerk's Office Ol/1.'i/102◄ Oy; Michael Bridges, Oeputy Business Nome ls) end Address(es) Hummingbird Mobile Notory Publ!c & Loon Noto,·v Services 11401 Q110rt1 Hill Rood Redding, CA9600l Regfslrunt Addren(e,J 12~01 Quartz HIil Rood Redding, CA 96003 PO BOX ◄91191 Redding, CA9t.0(9 Slote· CA-no lncorporo!lo,1 Oego11 TrnPsoclino Ousl- 11ess· Morchl5,10H Stotemen! Exp/res Ow A11rll l6, 2014 Businen is Conducted Oy: Redding Record Seor{hligh1 NOTICE, IN ACCORDANCE WITH SUBDIVISION (o) OF SEC-TION 17920, A FICTITIOUS NAME STATEMENT GENERALLY EXPIRES AT THE ENO OF 770 PO BOX 194 Phoenix, Arizona 85001-0194 (602) 444-7315 FAX (602) 444-5901 This is not an invoice PNI-Arizona Business Gazette RUSSELL JOHNS 17110 GUNN HWY ODESSA, FL 33556-1909 AFFIDAVIT OF PUBLICATION This is not an invoice Order # 0005884338 P.0# Issues Dated: 03/21/24, 03/28/24 # of Affidavits 1 STATE OF WISCONSIN COUNTY OF BROWN } 55. I, being first duly sworn, upon oath deposes and says: That I am the legal clerk of the Arizona Republic, a newspape of general circulation in the counties of Maricopa, Coconino, Pima and Pinal, in the State of Arizona, published weekly at Phoenix, Arizona, and that the copy hereto attached is a true copy of the advertisement published in the said paper in the issue(s) dated indicated. l /)//.~ ~remethIB ~8--+M--El-ay-41-----------+--------------------------------- M A R C H 2024 N o tary P ub lic 11 M y C o m m issio n e xpires: y--& ..--z:_ 7 __ ~- DEN IS E ROBERTS Notary Public S ta te o f W is c o ns in The Coope rative Council of Govern- ments ( C C O G ), on beha If of Equal is Group membe rs, has issued c1 Req uest for Pro posals (RFP) for the following categories: Electrical Equipment, Tools, Supplies and Reluted Services; M obile Parking Pavment and Manage- ment Solutions; CMMS and Facility M anagement Software; and Rideshare u n d Transportation Solutions. Organiza- tions who wish to participa te in the RFP process must register with Bonfire strategic sourcing platform through this link htfps://tinyurl.com/vakg6237 to download and complete the RFP pack- age. Completed proposals are due be- fore 3:00pm ET on 4/2612024. The pro- oosot opening will take Place on 4/26/2024 at 3:00 PM Eastern Time via Teams. Region 10 Educofion Service Center (ESC), on behalf of Equolis Group members, is requesting responses for Grounds Maintenance Equipment and Services; I ntegratecl Fire Protection and Security Products and Services; Job Order Contracting; Educational School Supplies cmd Relc1ted Services; and Facility Management Services. Re• spouses are due 04/26/2024 before 2: 00 PM Central Time. To be considered re- scondents must submit a response to Region 10 ESC in accordance with solic- itafion documentation available at https ://www . region 1 0.org/obouf-us/reques t-f o r-orooosolsblds/, The bid opening will take place at 2:00 P .M. Central Time via Zoom as stated in the RFP. Rockies Procurement Services {RPS), on behalf of Equolis Group members, is requesting responses for Non-- Consumable Foodservice Supplies & Equipment. Responses ore due 04/26/2024 before l :00 PM Mountain Time. To be considered respondents must submit a response to Rockies Pro- curement Services accordance with so- licitation documentation ovailable at 11tt cs: //w'NW .rocklesprocu re men t ser vi ces.b onfire.com/openQppartunities, The bid opening will take Place ot 1 :00 P .M. Mountain Time as stated in the RFP. Pub: March 28, April 4, 2024 771 772 773 774 PROOF OF PUBLICATION CUSTOMER’S COPY 9604 RUSSELL JOHNS ASSOCIATES DOUG KNOWLES JR. 17110 GUNN HWY ODESSA, FL 33556 dknowles@russelljohns.com Request for Proposals The Cooperative Council of Governments (CCOG), on behalf of Equalis Group members, has issued a Request for Proposals (RFP) for the follow- ing categories: Electrical Equipment, Tools, Supplies and Related Services; Mobile Parking Payment and Management Solutions; CMMS and Facility Management Software; and Rideshare and Transportation Solutions. Organi- zations who wish to participate in the RFP process must register with Bonfire strategic sourcing platform through this link https://tinyurl.com/yakg6237 to download and complete the RFP package. Completed proposals are due before 3:00pm ET on 4/26/2024. The proposal opening will take place on 4/26/2024 at 3:00 PM Eastern Time via Teams. Region 10 Education Service Center (ESC), on behalf of Equalis Group mem- bers, is requesting responses for Grounds Maintenance Equipment and Ser- vices; Integrated Fire Protection and Security Products and Services; Job Order Contracting; Educational School Supplies and Related Services; and Facility Management Services. Responses are due 04/26/2024 before 2:00 PM Central Time. To be considered respondents must submit a response to Region 10 ESC in accordance with solicitation documentation available at https://www.region10.org/about-us/request-for-proposals bids/. The bid opening will take place at 2:00 P.M. Central Time via Zoom as stated in the RFP. Rockies Procurement Services (RPS), on behalf of Equalis Group members, is requesting responses for Non-Consumable Foodservice Supplies & Equip- ment. Responses are due 04/26/2024 before 1:00 PM Mountain Time. To be considered respondents must submit a response to Rockies Procurement Services accordance with solicitation documentation available at https:// www.rockiesprocurementservices.bonfire.com/openOpportunities. The bid opening will take place at 1:00 P.M. Mountain Time as stated in the RFP. SLT0026705 90 S 400 W STE 600 SALT LAKE CITY, UT 84101-1431 CUSTOMER NAME AND ADDRESS AFFIDAVIT OF PUBLICATION AS THE SALT LAKE TRIBUNE, INC. LEGAL BOOKER, I CERTIFY THAT THE ATTACHED ADVERTISEMENT OF PUBLISHED ON DATE SIGNATURE STATE OF UTAH COUNTY OF SUBSCRIBED AND SWORN TO BEFORE ME ON THIS BY ACCOUNT NUMBER ACCOUNT NAME ORDER # RUSSELL JOHNS ASSOCIATES SLT0026705 TELEPHONE 727-461-9637 CUSTOMER REFERENCE NUMBER CAPTION TOTAL COST Request for Proposals The Cooperative Council of Governments (CCOG), on behalf of Equalis Group members, has issued a Re- quest for Proposals (RFP) for the following categories: Electrical Equipment, Tools, Supplies and Related Services; Mobile Parking Payment and Management Solutions; CMMS and Facility Manage- ment Software; and Rideshare and Transportation Solutions. $228.20 Request for Proposals The Cooperative Council of Governments (CCOG), on behalf of Equalis Group members, has issued a Request for Proposals (RFP) for the fol- lowing categories: Electrical Equipment, Tools, Supplies and Related Services; Mobile Parking Payment and Management Solutions; CMMS and Facility Management Software; and Rideshare and Transportation Solutions. FOR RUSSELL JOHNS ASSOCIATES WAS PUBLISHED BY THE SALT LAKE TRIBUNE, INC., WEEKLY NEWSPAPER PRINTED IN THE ENGLISH LANGUAGE WITH GENERAL CIRCULATION IN UTAH, AND PUBLISHED IN SALT LAKE CITY, SALT LAKE COUNTY IN THE STATE OF UTAH. NOTICE IS ALSO POSTED ON UTAHLEGALS.COM ON THE SAME DAY AS THE FIRST NEWSPAPER PUBLICATION DATE AND REMAINS ON UTAHLEGALS.COM INDEFINITELY. COMPLIES WITH UTAH DIGITAL SIGNATURE ACT UTAH CODE 46-2-101; 46-3-104. 03/31/2024, 04/07/2024 04/11/2024 SALT LAKE Jordyn Gallegos 11th DAY OF APRIL IN THE YEAR 2024 NOTARY PUBLIC SIGNATURE 775 AFFIDAVIT OF PUBLICATION Account #Order Number Identification Order PO Amount Cols Depth 54787 533990 Print Legal Ad-IPL01654110 - IPL0165411 AD NUMBER IPL0044273 $335.61 2 23 L MCA Russell John 17110 Gunn Hwy Odessa, FL 33556 Attention:Tony Hagerich thagerich@russelljohns.com State of South Carolina County of Richland I, Tara Pennington, makes oath that the advertisment, was published in The State, a newspaper published in the City of Columbia, State and County aforesaid, in the issue(s) of 1 insertion(s) published on: 03/29/24 Tara Pennington Sworn to and subscribed before me this 29th day of March in the year of 2024 Notary Public in and for the state of Texas, residing in Dallas County Errors- the liability of the publisher on account of errors in or omissions from any advertisement will in no way exceed the amount of the charge for the space occupied by the item in error, and then only for the first incorrect insertion.” Extra charge for lost or duplicate affidavits. Legal document please do not destroy!776 AFFIDAVIT OF PUBLICATION Account #Order Number Identification Order PO Amount Cols Depth 54787 534218 Print Legal Ad-IPL01655230 - IPL0165523 IPL0044035 $175.01 1 59 L Tony HagerichAttention: MCA Russell John 17110 Gunn Hwy Odessa, FL 33556 thagerich@russelljohns.com COUNTY OF BENTON) SS STATE OF WASHINGTON) Mary Castro, being duly sworn, deposes and says, I am the Legals Clerk of The Tri-City Herald, a daily newspaper. That said newspaper is a local newspaper and has been approved as a legal newspaper by order of the superior court in the county in which it is published and it is now and has been for more than six months prior to the date of the publications hereinafter referred to, published continually as a daily newspaper in Benton County, Washington. That the attached is a true copy as it was printed in the regular and entire issue of the Tri- City Herald and not in a supplement thereof, ran 1 time (s) commencing on 03/31/2024, and ending on 03/31/2024 and that said newspaper was regularly distributed to its subscribers during all of this period. 1 insertion(s) published on: 03/31/24 (Signature of Legals Clerk) Sworn to and subscribed before me this 1st day of April in the year of 2024 Notary Public in and for the state of Texas, residing in Dallas County Extra charge for lost or duplicate affidavits. Legal document please do not destroy!777 SUNDAY MARCH 31 2024 TRI-CITY HERALD.........................................................................................9C webaddress.com/classifieds FIND.BUY.SELL. SELL YOUR STUFF FAST! classifieds.tri-cityherald.com 509.582.1500 Superior Court Of Washington County Of Benton Juvenile Court Dependency of: ASHER LUCA ARMSTRONG, DOB:10/10/2023 No:24-7-00005-03 Notice And Summons By Publication (Dependency)(SMPB) To:Anna Moore,Parent 1 To:Zachary Armstrong,Parent 2 To:To Whom It May Concern A Dependency Petition was filed on January 5,2024.A Un-Contested Fact Finding hearing will be held on this matter on:May 7,2024 at 1:30 p.m.at: Benton/Franklin Juvenile Justice Cen- ter,5606 W.Canal Place,Kennewick, WA 99336.You should be present at this hearing. The hearing will determine if your child is dependent as de- fined in RCW 13.34.030(6).This begins a judicial process,which could result in permanent loss of your parental rights.If you do not appear at the hearing, the court may enter a depen- dency order in your absence. To request a copy of the Notice,Sum- mons,and Dependency Petition,call DCYF at (509)585-3000.To view in- formation about your rights,including right to a lawyer,go to www.atg. wa.gov/DPY.aspx. DATED this 27 day of March,2024 Josie Delvin Superior Court Clerk /s/Maria Aguilar,Deputy Clerk IPL0166672 Mar 31,Apr 7,14 2024 CITY OF RICHLAND NOTICE OF PUBLIC HEARING The Richland City Council will conduct a public hearing on Tuesday,April 2,2024 at or after 6:00 p.m.in the Council Chambers,Richland City Hall,625 Swift Boulevard,Richland, WA 99352,to receive comments on Relinquishing a Certain Portion of a Utility Easement at 1506 and 1508 Marshall Avenue,Resolution No. 2024-50. Comments may be mailed to the City of Richland c/o Jennifer Rogers, 625 Swift Blvd.MS-05,Richland,WA 99352,or emailed to jrogers@ci.rich- land.wa.us.All comments must be received by 4:00 p.m.on the meeting date identified above. For information,please contact Bruce Orr at borr@ci.richland.wa.us or 509-942-7705. Published:Sunday,March 31,2024 IPL0166432 Mar 31 2024 PUBLIC HEARING The Public Utility District #1 of Frank- lin County (Franklin PUD)will hold the second of three public hearings to present information and take com- ments on a proposed rate action.The public hearings will be held at Frank- lin PUD’s Auditorium,1411 W Clark St.,Pasco,WA.Virtual attendance options are provided for each public hearing and posted on the Franklin PUD website at www.franklinpud.com. The public hearing dates and times are as follows: 2nd Hearing -Wednesday,April 3, 2024 5:30 p.m. Final Hearing -Tuesday,April 23, 2024 8:30 a.m. Written comments may be delivered to 1411 W Clark St.,Pasco,WA,mailed to Franklin PUD,P.O.Box 2407,Pas- co,WA 99302-2407,or emailed to clerkoftheb oard@fran klin pud .com. Please include author’s name,phys- ical address,and telephone number. Written comments must be received no later than April 19,2024 in order to be included in the final hearing. Katrina Fulton,Finance and Customer Service Director IPL0166287 Mar 31 2024 BENTON COUNTY WATER CONSERVANCY BOARD WATER RIGHT CHANGE/TRANSFER Public Notice is hereby given that the BCWCB is reviewing (accepted)applica- tions for water right change/transfers,for water rights listed below.The appli- cation(s)have been reviewed by the Board for acceptance,including additional technical information received from the applicant.The next BCWCB business meeting is on April 4,2024,at 4:00 p.m.,at the office of Pacific NW Project,3030 W.Clearwater,Ste 205-A,Kennewick,WA (509-783-1623).A public hearing is offered upon request,for the application below;and interested parties may join the BCWCB meetings by requesting a telephonic call-in number,meeting code. Application submitted by:Port of Kennewick,350 Clover Island Dr.,Ste.200, Kennewick,WA 99336 (%Larry Peterson,lpeterson@portofkennewick.org). Change to G4-*03378CWRIS,BENT-24-03,priority date of September 21,1953; authorizing 300 gpm,120 acre-ft.,for irrigation of 30 acres,April 1 to October 31;the existing point of withdrawal all within NW1/4 of NW1/4 of Section 5, T.8N,R.30 EWM;and the existing place of use is all within W1/2 of NW1/4 of Section 5,T.8N,R.30 EWM.Proposed change is for up to 300 gpm,120 acre-ft., with 43.03 acre-ft.,irrigation and dust control;6.5 acres irrigation and aesthet- ics,25.51 acre-ft.;and 51.46 acre-ft.for multiple irrigation industrial-commercial use;all within April 1 to October 31.Proposed points of withdrawal are all within SE1/4 of NW1/4 of Section 8,T.8N,R.30 EWM and NW1/4 of SE1/4 of Section 32,T.9N,R.29 EWM.Proposed place of use is all within NE1/4 of Section 7, and NW1/4 and SW1/4 of Section 8,T.8N,R.30 EWM;and all within portions of NE1/4 and SW1/4 of Section 32,T.9N,R.29 EWM (note:maps and parcel nos. provided upon request from the BCWCB,509-783-1623). Additional water right information also is available upon request.Per WAC 173- 153-080 administrative rule for public notice information,interested parties are hereby directed to request the actual application documentation,and the de- tailed legal descriptions therein,from the BCWCB,509-783-1623. Under WADOE Rule WAC 173-153 and other agency regulations,any protests or objections to the approval of this application may be filed with the Department of Ecology and must include a detailed statement of the basis for objections; protests must be accompanied by a fifty dollar ($50)recording fee and filed with the Cashiering Section,State of Washington,Department of Ecology,P.O. Box 47611,Olympia,WA 98504-7611 within thirty (30)days from the date of publication.Any interested party may submit comments,objections,and other information to the BCWCB regarding this application,per the above address. The comments and information may be submitted in writing,or verbally at any public meeting of the BCWCB;BCWCB,3030 W.Clearwater,Ste.205-A,Ken- newick,WA 99336,509-783-1623.Comments should include:name,address, and phone number of commenting party;identification of the change/transfer receiving comments;and detailed information or documentation to substantiate facts presented within the comments. IPL0165647 Mar 24,31 2024 The Cooperative Council of Governments (CCOG), on behalf of Equalis Group members, has issued a Request for Proposals (RFP)for the following categories: Electrical Equipment,Tools,Supplies and Related Services;Mobile Parking Payment and Management Solutions; CMMS and Facility Management Software;and Rideshare and Trans- portation Solutions.Organizations who wish to participate in the RFP process must register with Bonfire strategic sourcing platform through this link https://tinyurl.com/yakg6237 to download and complete the RFP package.Completed proposals are due before 3:00pm ET on 4/26/2024. The proposal opening will take place on 4/26/2024 at 3:00 PM Eastern Time via Teams. Region 10 Education Service Center (ESC),on behalf of Equalis Group members,is requesting responses for Grounds Maintenance Equipment and Services;Integrated Fire Protection and Security Products and Services; Job Order Contracting;Educational School Supplies and Related Ser- vices;and Facility Management Ser- vices.Responses are due 04/26/2024 before 2:00 PM Central Time.To be considered respondents must submit a response to Region 10 ESC in ac- cordance with solicitation documenta- tion available at https://www.region10. org/about-us/request-for-proposals bids/.The bid opening will take place at 2:00 P.M.Central Time via Zoom as stated in the RFP. Rockies Procurement Services (RPS), on behalf of Equalis Group members, is requesting responses for Non-Con- sumable Foodservice Supplies & Equipment.Responses are due 04/26/2024 before 1:00 PM Mountain Time.To be considered respondents must submit a response to Rockies Procurement Services accordance with solicitation documentation avail- able at https://www.rockiesprocure- mentservices.bonfire.com/openOp- portunities.The bid opening will take place at 1:00 P.M.Mountain Time as stated in the RFP. IPL0165523 Mar 31 2024 ADVERTISEMENT FOR BIDS Sealed bids will be received for the following project at the time and location listed below: PROJECT: Comprehensive High School #3,Off-Site Road and Utilities,Pasco School Dis- trict #1;Pasco,Washington BID DEADLINE: Tuesday April 16th,2024 BID LOCATION: Pasco School District Administration (Booth)Building 1215 W.Lewis Street Pasco,WA 99301 Bids will be received until 3:00 p.m.Bids will be opened and read at that time. Bids and bid supplements received after the above times will not be opened or considered.Bids received after the stated time will not be accepted.The bids will be publicly opened by Owner staff.Official bid results shall be made public within 48 hours of bid opening.Bids will be on a lump-sum basis awarded to the lowest responsive bidder.The Owner reserves the right to reject any or all bids or to waive informalities in the bidding. No bids shall be withdrawn for a period of 30 days subsequent to the opening of the bids without the written consent of the Owner. Prospective General Contractor bidders and subcontractors may electronically access the Bid Documents starting March 26,2024.Printed documents will not be provided,any printing required will be at the prospective bidders’expense.Bid Documents can be accessed at the following location: Tri-City Construction Council 20 East Kennewick Ave Kennewick,WA 99336 (509)582-6815 A current Plan Holders list will be maintained by Tri-City Construction Council. Please contact Tri-City Construction Council to be added.Notice of any addenda and updated informa- tion will only be conveyed to those on the Plan Holders list. A Pre-Bid Conference will be conducted 9:00 a.m.,Wednesday,April 9,2024 at the: Pasco School District Administration (Booth)Building 1215 W.Lewis Street Pasco,WA 99301 This conference is mandatory for prospective General Contractors. Contact Bill Holstein at the office of the Civil Engineer at (509)222-0959 or bill@ knutzenengineering.com with questions. The Owner hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement,minority business enterprises will be afforded full opportu- nities to submit bids,and will not be discriminated against on the grounds of race,color,sex,handicap,or nation- al origin in consideration for an award.This project is subject to the Franklin County prevailing wage rate re- quirements. In accordance with state law,bidders are required to have a current Washington State contractor’s license at the time of submitting bids.Each bid must be accompanied by a certified check,cashier’s check,or bid bond with a State Licensed Surety,in an amount not less than five (5%)percent of the total bid.This surety shall be forfeited in event of failure by the successful bidder to sign a contract or to furnish the necessary one hundred percent (100%)Performance Bond. The Pasco School District reserves the right to reject any and/or all proposals, and to waive bidding informalities. IPL0165452 Mar 24,31 2024 CITY OF PASCO –REQUEST FOR QUOTE Cat &Dog Kennels for Tri-Cities Animal Facility Project No.17999 The City of Pasco (City)is soliciting Quotes from Vendors to provide new Cat &Dog Kennels for the new Tri-Cities Animal Control Facility (Animal Shelter) located at:1311 South 18th Avenue,Pasco,WA 99301 via this Request for Quote (RFQ). The new Animal Shelter is a 9,651 square foot (plus equipment platform) one-story,pre-engineered metal building,animal control facility.The building site is approximately 2.51 acres in size,of which approximately 1.90 acres will be developed. The complete RFQ and full scope of work may be obtained via the City website –http://www.pasco-wa.gov/Bids.aspx.It is the sole responsibility of the Consul- tant to obtain any RFQ updates or addenda from the City’s website. Quotes shall be submitted electronically.One electronic copy,including attach- ments,shall be transmitted to Dustin Wittman at wittmand@pasco-wa.gov.Email Subject shall be:Request For Quote –Tri-Cities Animal Control Facili- ty:Kennels with a maximum size of 20MB.The due date is Monday,April 1,2024,no later than 11:00am PDT. Technical questions regarding the scope of this project should be put in writing and directed to both City Representatives listed in the Section titled:“Contact Name”,no less than three (3)working days prior to the time that Quotes are due. Projects funded wholly or in part by Federal appropriations must comply with Code of Federal Regulations;24 CFR 570.502,24 CFR 85.36,2 CFR 200.All federally-funded projects will be held to federal Equal Employment Opportunity (EEO)requirements.The City of Pasco is an equal opportunity and affirmative action employer.Small,minority,and women-owned businesses are encour- aged to submit quotes.The City of Pasco in accordance with Section 504 of the Rehabilitation Act and the Americans with Disabilities Act (ADA),commits to nondiscrimination on the basis of disability,in all of its programs and activities. This material can be made available in an alternate format by e-mailing Dustin Wittman at wittmand@pasco-wa.gov or calling (509)545-3447. The City of Pasco,in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat.252,42 U.S.C.2000d to 2000d-7)and the Regulations, hereby notifies all Vendors that will affirmatively ensure that any contract entered into pursuant to this advertisement,disadvantaged business enterprises will be afforded full and fair opportunity to submit quotes in response to this invitation and will not be discriminated against on the grounds of race,color,or national origin in consideration for an award. The City reserves the right to reject any and all responses and to waive techni- calities or irregularities,and after careful consideration of all quotes and factors involved make the award to best serve the interests of the City of Pasco. Para más información o para solicitar un intérprete,favor de co- municarse con Janette Romero al 509-543-5738 o romeroj1@ pasco-wa.gov. DATED:March 20,2024 PUBLISH:March 24,2024 March 31,2024 IPL0165480 Mar 24,31 2024 CITY OF RICHLAND, WASHINGTON CALL FOR BIDS ITB #24-0041,2024 MICRO- SURFACING BIDS DUE:APRIL 9,2024, 10:00 AM,EXACTLY,PACIFIC LOCAL TIME Public notice is hereby given that bids will be received for the City of Rich- land’s 2024 Microsurfacing Proj- ect by the City of Richland Purchasing Division until the date and time spec- ified above,at which time bids will be opened and read publicly.This proj- ect includes construction of Microsur- facing,Type 3 (approximately 140,000 square yards);traffic control,removal of existing pavement markings,tem- porary pavement markings,perma- nent pavement markings,permanent signage,and other incidental work. Full notice and complete details of the solicitation are available from www. PublicPurchase.com.There is no charge to register,receive notifications or view and download the documents. All bids shall be submitted electroni- cally using the Public Purchase site. Visit the City of Richland website at www.ci.richland.wa.us under Depart- ments/Purchasing/Public Purchase for information on how to register. Contact Public Purchase directly if unable to access documents online at support@publicpurchase.com.On- line Chat is available from 7:00 a.m.to 4:00 p.m.MT at www.publicpurchase. com top left corner.If unable to reach Public Purchase,contact the City Pur- chasing Division at 509-942-7710. The City of Richland,in accordance with Title VI of the Civil Rights Act of 1964,(78 Stat.252,42 U.S.C.2000d to 2000d-4)and the Regulations, hereby notifies all bidders that it will affirmatively insure that in any con- tract entered into pursuant to this ad- vertisement,disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in re- sponse to this invitation and will not be discriminated against on the grounds of race,color,or national origin in con- sideration for an award. IPL0165337 Mar 24,31 2024 State of South Carolina,County of Horry,In The Fifteenth Judicial Circuit,Civil Action No.2023-DR-26-1704 Jane Roe and John Roe v.Mother Doe and Baby Girl Doe,a minor under the age of fourteen Notice of Termination of Parental Rights and Adoption Proceedings TO:JOHN DOE,AN UNKNOWN FATHER You are hereby notified pursuant to SC Code Ann.Sec.63-9-730,that adoption proceedings have been initiated under the above-referenced case number in- volving the parties herein referred to by fictitious names.The biological mother of the Defendant,Baby Girl Doe,is Addie Ciara Woods,and the child was born on April 8,2021,at Kadlec Regional Medical Center in City of Richland,County of Benton,State of Washington. YOU ARE FURTHER NOTIFIED AS FOLLOWS: 1.That within thirty (30)days of receiving notice you shall respond in writing by filing with the Clerk of Court at 1301 Second Avenue,Conway,South Carolina (Mailing Address -Post Office Box 677,Conway,South Carolina 29528)notice and reasons to contest,intervene,or otherwise respond; 2.That the Court must be informed of your current address and of any changes in address during the adoption proceedings;and 3.That failure to file a response within thirty (30)days of receiving notice constitutes consent to adoption of the child and forfeiture of all rights and obli- gations that you may have with respect to the child. 4.If Notice of Intent to Contest,Intervene or otherwise respond is filed with the Court within the required time period,you will be given an opportunity to appear and to be heard at the Final Hearing on the merits of the adoption.To file notice to contest,intervene or otherwise respond in this action,you must notify the above-named Court and the Plaintiffs’attorney,Hayes K.Stanton,Post Office Box 357,Myrtle Beach,South Carolina 29578,in writing of your intention to contest,intervene or otherwise respond. BELLAMY,RUTENBERG,COPELAND, EPPS,GRAVELY &BOWERS,P.A. Attorneys for the Plaintiffs S/Hayes K.Stanton Hayes K.Stanton (SC Bar No.74832) Post Office Box 357 Myrtle Beach,SC 29578 843-448-2400 Telephone 843-448-3022 Facsimile Myrtle Beach,SC March 12,2024 IPL0164111 Mar 17,24,31 2024 TRI-CITYHERALD.COMjobs.tri-cityherald.com LOOKING FOR THAT PERFECT THING? Let Classifieds Help TRI-CITYHERALD.COM CLOSET GET TING TOO FULL? Let Classifieds Help TRI-CITYHERALD.COM jobs.tri-cityherald.com Legals There’s a passage in serial entrepreneur Steven Pivnik’s book “Built to Finish”where he is hiking up Mount Rainier and comes upon a sign,“No hiking past this point.” “For me,”Pivnik writes, “that was an invitation to break the rules to see what lay beyond the warning sign.” Later,about to compete in his first Olympic-dis- tance triathlon,his wife surveys the treacherous, hilly terrain and tells her husband she doesn’t have a good feeling about this. “Even more fuel for my fire,”Pivnik responds. Whether it’s closing multimillion-dollar licens- ing deals with IBM and Microsoft,to the Ironman World Championship,to ultramarathons and sum- mit expeditions,Steven Pivnik knows how to go the distance –and some- times that means stretch- ing the envelope beyond what you think is even possible. Like anything in life, “you never know what to expect when navigating a mountain.With each step comes a new risk.” But in business,as in life,there’s such a thing as calculated risk –strategies and processes put in place to protect against such risk and increase the chances of a positive outcome, along with determination, discipline,resilience,pa- tience,pace and the ability to get through “the grind,” the not-so-flashy but es- sential parts of any initia- tive. Pivnik’s story is twofold. Raised from a Jewish up- bringing and parents of limited means,he scratch- es and claws his way to create a thriving interna- tional information tech- nology company with 200 employees and contracts from iconic industry trail- blazers.After exiting the company,he turns his desire for new adventure into high-impact sports competitions,notably Ironman distance triath- lons,marathons,ultra- marathons,helicopter skiing and mountain- eering. In “Built to Finish,” Pivnik shares his story and the many lessons learned along the way.While the work is written as a narra- tive recounting his life story,the nature of his projects and accomplish- ments lend themselves to valuable nuggets on every- thing from the ABCs of running a business,to understanding and naviga- ting the human element at every turn,to approaching each task and challenge with the proper mindset, to taking risks when ap- propriate,and staying the course when necessary. While his wisdom comes anecdotally,he offers Key Takeaways at the end of each chapter, reinforcing the teaching points and the messages, such as: A One mistake doesn’t define you. A Sometimes it’s OK to wear success on your sleeves. A Embed diversity and inclusion into your corpo- rate culture as early as possible. A Never underestimate the power of the personal touch to demonstrate your commitment. A The magic happens in the trenches,so roll up your sleeves and pitch in. For the next phase of Pivnik’s life,he looks to be a role model for his fam- ily,for the workforce at large,and for business leaders as he builds a platform of advisory serv- ices to other entrepre- neurs. 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Bailey Sculptor 302-399-9777 or 302-653-4810 NOTICE TO OFFERORS Office and School Supplies Request for Proposal # 25-01PV 1GPA will receive responses electronically via OpenGov Procurement at: https://procurement.opengov.com/portal/1GPA Until April 25, 2024 @ 1:00 PM Arizona Time Electronic sealed responses are required and will be publicly opened immediately following the deadline for receiving electronic responses at Paradise Valley Unified School District 15002 North 32nd Street. Phoenix, AZ 85032 Solicitation may be downloaded online at the link above. For additional information please contact Jen Stam at 480-809-1499 or jstam@1gpa.org PUBLIC NOTICE PUBLIC NOTICE The Cooperative Council of Governments (CCOG), on behalf of Equalis Group members, has issued a Request for Proposals (RFP) for the following categories: Electrical Equipment, Tools, Supplies and Related Services; Mobile Parking Payment and Management Solutions; CMMS and Facility Management Software; and Rideshare and Transportation Solutions. Organizations who wish to participate in the RFP process must register with Bonfire strategic sourcing platform through this link https://tinyurl.com/yakg6237 to download and complete the RFP package. Completed proposals are due before 3:00pm ET on 4/26/2024. The proposal opening will take place on 4/26/2024 at 3:00 PM Eastern Time via Teams. Region 10 Education Service Center (ESC), on behalf of Equalis Group members, is requesting responses for Grounds Maintenance Equipment and Services; Integrated Fire Protection and Security Products and Services; Job Order Contracting; Educational School Supplies and Related Services; and Facility Management Services. Responses are due 04/26/2024 before 2:00 PM Central Time. To be considered respondents must submit a response to Region 10 ESC in accordance with solicitation documentation available at https://www.region10.org/about-us/request-for-proposals bids/. The bid opening will take place at 2:00 P.M. Central Time via Zoom as stated in the RFP. Rockies Procurement Services (RPS), on behalf of Equalis Group members, is requesting responses for Non-Consumable Foodservice Supplies & Equipment. Responses are due 04/26/2024 before 1:00 PM Mountain Time. To be considered respondents must submit a response to Rockies Procurement Services accordance with solicitation documentation available at https://www.rockiesprocurementservices. bonfire.com/openOpportunities. The bid opening will take place at 1:00 P.M. Mountain Time as stated in the RFP. This is a public service notice to announce that I Shanina-Lynn:Tyus is Alive. I was born on December 5, 1980, at 1:21pm at Sinai Hospital Detroit Michiganian. I came out of my mother’s wound as a living, feeling, and live human being weighing 7 pounds and 5 ounces at 20 inches long, brown eyes and I’m a female. I’m living now and I have exercised my rights to revoke all durable power of attorney. I revoke and cancel all contracts with the state of Michigan. I’m a private citizen and I have been stripped of my identity. As of March 25, 2024, I’m Alive and I’m taking action. Shanina-Lynn:Tyus REQUESTFORBIDS–PEPPMCooperativePurchasingProgram CentralSusquehannaIntermediateUnit#16(CSIU)isaccepting sealed bids for its PEPPM 2024 Marketplace Bid,frombidders owningandoperatingadynamicandcentralizedmarketplace solutionforthesaleofsuitableproductsonasinglewebsiteoverseen andmanagedbythebidder,eitheraloneorwithanauthorized reseller network under bidder’s control. The bidder’s marketplace solution must include centralized sales, invoicing, payments, delivery processes,returninstructions,customercalls,andincludeaproduct database with a minimum of 300,000 suitable products across five categories frequently purchased by public agencies, including public school districts, higher education, and local government. Categories include Breakroom Supplies, Foodstuffs; First Aid and Safety;Instructional,Art,andCraftSupplies;Maintenance,Repair, andOperations;andOfficeSupplies. Bid Due Date:May9,2024,3:00pmET Submission:Electronic bids at www.epylon.com Public Bid Opening:May9,2024,3:00pmET, CSIU,90LawtonLane,Milton,PA17847 Registration:Required at www.epylon.com (no fee) DetailsandBidDocumentsavailableat:www.peppm.org/bids Bid Withdrawal:No bidder may withdraw its bid for 90 days after thebidopeningdate. TheCSIUreservestherighttoacceptorrejectanyorallbidsand/or towaiveanyorallinformalitiesorirregularitiesinabid. OF INTEREST TO ALL ADVERTISE IN USA TODAY MARKETPLACE. Call: (800) 397-0070 SUCCESSFUL ADVERTISEMENTS START WITH USA TODAY. To advertise, call:(800) 397-0070 ~~lzol~ n qqqq !ynllot 2Arizona2 Boston Saturday Los Angeles Thursday, 7:09 p.m., CBS Purdue 6 3 Duke Connecticut Dallas Friday, 9:39 p.m., CBSAll times Eastern N.C. State Los Angeles Thursday, 9:39 p.m., CBS 4 Alabama Illinois Detroit, Mich. Friday, 10:09 p.m., TBS 5 1 1 Tennessee Phoenix, April 6 Clemson Detroit, Mich. Friday, 7:39 p.m., TBS 2 Detroit, Mich. Sunday Gonzaga Phoenix April 8 3 2 Houston Dallas Friday, 7:09 p.m., CBS 11 Dallas Sunday Marquette San Diego St. 54 Boston Thursday, 7:39 p.m., TBS 1 Los Angeles Saturday N. Carolina Iowa St. 1 Phoenix, April 6 Boston Thursday, 10:09 p.m., TBS MidwestWest East South Creighton HOUSTON – Coming into the week at Memorial Park Golf Course, Scottie Scheffler said he was rusty. Sure, rust is a bit different when you’re the No. 1 player in the world against an average Joe on the local muni. But this week, the local muni is hosting the best players in the world at the 2024 Texas Children’s Houston Open. And Scheffler, coming off consec- utive victories at the Arnold Palmer In- vitational and Players Championship, certainly didn’t show any rust Thursday. He opened with a bogey-free 5-under 65 and trailed Taylor Moore by one shot after the morning wave in Houston. If there were any signs of rust, Scheffler missed 11 of 18 greens, including his first three, but he gained nearly 2.5 strokes putting on the day. “Yeah, I would say some key up-and- downs,” Scheffler said. “I made a nice putt there at the first to kind of get the round going and made some really nice up and downs after that.” This season, 43% of Scheffler’s rounds have been 66 or better (12). Scheffler held the lead for most of the back nine during his opening round. That was until Moore, who was defend- ing his title last week at the Valspar Championship, made a birdie on the par-5 16th to sign for 6-under 64. Starting on the back nine, Scheffler birdied Nos. 13 and 17 to turn in 2-under 33. Then on the back, consecutive cir- cles on Nos. 2 and 3 propelled him into a share for the lead. Then he drained an- other putt on the fifth to take the solo lead for a bit. If Scheffler were to win this weekend, he would be the first player to win three straight PGA Tour starts since Dustin Johnson in 2017. He would be the first to capture three consecutive stroke-play events since Rory McIlroy in 2014. “I had a solid round,” Scheffler added. “Kept the card clean. Bogey free is al- ways nice, especially around a golf course like this. It’s nice to be able to keep the card clean, like I said.” For Moore, he began his round Thurs- day with a bogey, but a chip-in eagle on the par-5 third hole sparked his game. He turned in 31 and added birdies on Nos. 15 and 16 coming home to take the clubhouse lead after the morning wave. As good as Scheffler was on the tricky greens at Memorial Park, Moore was better, gaining nearly three shots and more than 2.5 in Strokes Gained: Around the Greens. “Hit a lot of greens,” Moore said. “Af- ter the first hole, just tried to see how many greens I could hit. Got off to a little bit of a jump start there on 3, chipped in for eagle on 3 and birdied 4. Yeah, just got into the round.” Moore said he perhaps felt a bit more relaxed this week than he did as defending champion last week but added he doesn’t get too caught up in the pressure of a single event. Joe Highsmith matched Scheffler with a 65. The PGA Tour rookie has missed the cut in four of his seven starts this season but did finish T-6 at the Puerto Rico Open. “I putted really well. I’ll be curious to see what the stats show, but it just was very solid kind of all around,” Highsmith said. “I only made maybe one or two mistakes out there. It felt great, like everything was just right on. I was hitting it where I was look- ing; I feel like I was in a good frame of mind all day.” Beau Hossler, Aaron Rai and Adam Svensson each shot 66 Thursday morning and shared fourth behind Moore and Scheffler. Playing with the world No. 1, last week’s victor Peter Malnati shot 68 while Will Zalatoris struggled in his 4- over effort. ‘Rusty’ Scottie Scheffler fires bogey-free round World No. 1 going for third Tour win in a row Cameron Jourdan Golfweek | USA TODAY Network Scottie Scheffler reacts after his chip shot on the first green in the first round of the Texas Children’s Houston Open. THOMAS SHEA/USA TODAY SPORTS LOS ANGELES – As NCAA President Charlie Baker calls for a ban on prop bets on college athletes, North Carolina basketball star Armando Bacot admit- ted he’s gotten messages from angry bettors mad at his performance in games. “It’s terrible,” Bacot said. “Even at the last game, I guess I didn’t get enough re- bounds or something. I thought I played pretty good last game, but I looked at my DMs and I got, like, over 100 messages from people telling me I sucked and stuff like that because I didn’t get enough rebounds. “I think it’s definitely a little out of hand. But at the same time too, I get the point of it. Like, if you bet a lot of money on something, and you’re, like, one pick away and somebody messes it up, I un- derstand the part of fans being mad. But it’s annoying, too, at times.” Bacot scored 18 points and pulled down seven rebounds in the win against Michigan State, which set up Thurs- day’s Sweet 16 game versus Alabama. His comments came the same day Baker called for a ban on collegiate prop bets, which are wagers placed on spe- cific athletes that typically involve an over/under related to their stats. His re- quest came after the NBA launched an investigation into Toronto Raptors for- ward Jontay Porter over betting irregu- larities involving prop bets. “Sports betting issues are on the rise across the country with prop bets con- tinuing to threaten the integrity of com- petition and leading to student-athletes getting harassed,” Baker said on social media. “The NCAA has been working with states to deal with these threats and many are responding by banning college prop bets.” Bacot wasn’t the only person Wednesday to comment on the ugly side of sports betting. Clemson men’s basket- ball coach Brad Brownell said earlier that the team has gotten phone calls in its of- fice and it’s something that “worries me tremendously.” “People are extremely aggressive these days,” Brownell said. “We get phone calls in our office sometimes. When things obviously don’t go a bettor’s way, we get some nasty calls. I know players probably get that through social media. “It’s a really unique time with every- thing going on in college athletics, and now the gambling piece is a whole other log on the fire.” UNC star says he gets messages from bettors Jordan Mendoza USA TODAY 782 4 B ❚FRIDAY APRIL 5, 2024 ❚USA TODAY LIFE To view more Classified listings, visit: classifieds.usatoday.com NEW GREAT MARKETPLACE RATES! Scan QR Code for Current Specials GET NOTICED! Advertise in USA TODAY’s Marketplace! Call:1-800-397-0070 To advertise in USA TODAY, call: 1-800-397-0070 ANNOUNCEMENTS Happy B-Day Cortlan X Fabre born to Carla Espinosa & William Fabre on May 18 2007 in NYC Happy B-Day Carla V Espinosa born to Carlixta Santos & Bienvenido Espinosa on May 18, 1979 in Dom. Rep. NOTICES PUBLIC NOTICE PUBLIC NOTICE The Cooperative Council of Governments (CCOG), on behalf of Equalis Group members, has issued a Request for Proposals (RFP) for the following categories: Electrical Equipment, Tools, Supplies and Related Services; Mobile Parking Payment and Management Solutions; CMMS and Facility Management Software; and Rideshare and Transportation Solutions. Organizations who wish to participate in the RFP process must register with Bonfire strategic sourcing platform through this link https://tinyurl.com/yakg6237 to download and complete the RFP package. Completed proposals are due before 3:00pm ET on 4/26/2024. The proposal opening will take place on 4/26/2024 at 3:00 PM Eastern Time via Teams. Region 10 Education Service Center (ESC), on behalf of Equalis Group members, is requesting responses for Grounds Maintenance Equipment and Services; Integrated Fire Protection and Security Products and Services; Job Order Contracting; Educational School Supplies and Related Services; and Facility Management Services. Responses are due 04/26/2024 before 2:00 PM Central Time. To be considered respondents must submit a response to Region 10 ESC in accordance with solicitation documentation available at https://www.region10.org/about-us/request-for-proposals bids/. The bid opening will take place at 2:00 P.M. Central Time via Zoom as stated in the RFP. Rockies Procurement Services (RPS), on behalf of Equalis Group members, is requesting responses for Non-Consumable Foodservice Supplies & Equipment. Responses are due 04/26/2024 before 1:00 PM Mountain Time. To be considered respondents must submit a response to Rockies Procurement Services accordance with solicitation documentation available at https://www.rockiesprocurementservices. bonfire.com/openOpportunities. The bid opening will take place at 1:00 P.M. Mountain Time as stated in the RFP. REQUEST FOR BIDS – PEPPM Cooperative Purchasing Program Central Susquehanna Intermediate Unit #16 (CSIU) is accepting sealed bids for its PEPPM 2024 Marketplace Bid, from bidders owning and operating a dynamic and centralized marketplace solution for the sale of suitable products on a single website overseen and managed by the bidder, either alone or with an authorized reseller network under bidder’s control. The bidder’s marketplace solution must include centralized sales, invoicing, payments, delivery processes, return instructions, customer calls, and include a product database with a minimum of 300,000 suitable products across five categories frequently purchased by public agencies, including public school districts, higher education, and local government. Categories include Breakroom Supplies, Foodstuffs; First Aid and Safety; Instructional, Art, and Craft Supplies; Maintenance, Repair, and Operations; and Office Supplies. Bid Due Date:May 9, 2024, 3:00 pm ET Submission:Electronic bids at www.epylon.com Public Bid Opening:May 9, 2024, 3:00 pm ET, CSIU, 90 Lawton Lane, Milton, PA 17847 Registration:Required at www.epylon.com (no fee) Details and Bid Documents available at:www.peppm.org/bids Bid Withdrawal:No bidder may withdraw its bid for 90 days after the bid opening date. The CSIU reserves the right to accept or reject any or all bids and/or to waive any or all informalities or irregularities in a bid. NOTICE TO OFFERORS Sealant, Caulking, Waterproofing, and Other Related Services Request for Proposal # 25-03NAU 1GPA will receive responses electronically via OpenGov Procurement at: https://procurement.opengov.com/portal/1GPA Until May 2, 2024 @ 1:00 PM MST, Arizona Time Electronic sealed responses are required and will be publicly opened through Zoom immediately following the deadline for receiving responses. See the solicitation for more information. Solicitation may be downloaded online at the link above. For additional information please contact Claudia Leon at 866-306-3893 or cleon@1gpa.org This announcement is neither an offer to purchase nor a solicitation of an offer to sell Shares (as defined below). The Offer (as defined below) is made solely by the Offer to Purchase, dated April 3, 2024, and the related Letter of Transmittal, and any amendments thereto, and is being made to all holders of Shares. Purchaser (as defined below) is not aware of any state where the making of the Offer is prohibited by administrative or judicial action pursuant to any valid state statute. If Purchaser becomes aware of any valid state statute prohibiting the making of the Offer, Purchaser will make a good faith effort to comply with such statute. If, after such good faith effort, Purchaser cannot comply with such state statute, the Offer will not be made to nor will tenders be accepted from or on behalf of the holders of Shares in such state. In any jurisdiction where securities, blue sky or other laws require that the Offer be made by a licensed broker or dealer,the Offer shall be deemed to be made on behalf of Purchaser by one or more registered brokers or dealers licensed under the laws of such jurisdiction. Notice of Offer to Purchase for Cash Up to 1,000,000 Shares of Common Stock of JOHNSON & JOHNSON at $151.23 Net Per Share by TRC CAPITAL INVESTMENT CORPORATION TRC Capital Investment Corporation, a corporation under the laws of the Province of Ontario, Canada (“Purchaser”), is offering to purchase up to 1,000,000 shares of common stock, $1.00 par value per share (the “Shares”), of Johnson & Johnson a New Jersey corporation (the “Company”), at $151.23 per share, net to the seller in cash, upon the terms and subject to the conditions set forth in the Offer to Purchase, dated April 3, 2024, and in the related Letter of Transmittal (the “Offer”). The offer is not conditioned upon the tender of any minimum number of Shares. THE OFFER, PRORATION PERIOD AND WITHDRAWAL RIGHTS WILL EXPIRE AT 12:01 A.M., NEW YORK CITY TIME, ON MAY 2, 2024, UNLESS THE OFFER IS EXTENDED OR EARLIER TERMINATED. Shares tendered pursuant to the Offer may be withdrawn at any time prior to 12:01 a.m., New York City time, on May 2, 2024, (the “Expiration Date”) unless the Offer is extended, and, if not yet accepted for payment by the Purchaser, may also be withdrawn after May 13, 2024. If more than 1,000,000 Shares are validly tendered prior to the Expiration Date and not properly withdrawn, the Purchaser will, upon the terms and subject to the conditions of the Offer, accept for payment and pay for only 1,000,000 Shares on a pro rata basis, with adjustments to avoid purchases of fractional Shares. The information required to be disclosed pursuant to the Securities Exchange Act of 1934, as amended, is contained in the Offer to Purchase and is incorporated herein by reference. The Offer to Purchase and the related Letter of Transmittal and other relevant materials will be mailed upon request to record holders of Shares and furnished to brokers, dealers, banks, trust companies and similar persons whose names, or the names of whose nominees, appear on the Company’s shareholder list or, if applicable, who are listed as participants in a clearing agency’s security position listing, for subsequent transmittal to beneficial owners of Shares. The Offer to Purchase and Letter of Transmittal contain important information which should be read before any decision is made with respect to the Offer. Requests for copies of the Offer to Purchase, the Letter of Transmittal and all other tender offermaterialsmaybedirectedtotheInformationAgent,as setforthbelow,andcopieswillbefurnishedpromptly.Questionsorrequestsforassistance may be directed to the Information Agent. The Information Agent for the Offer is: CNRA FINANCIAL SERVICES INC. 101 St. Clair Avenue West, Suite 1908, Toronto, Canada M4V 0A2. Call: (416) 861-9446.April 3, 2024 PUBLIC NOTICE BEAUTIFUL SMILES BY DESIGN is in Dalton and Calhoun GA. We are looking for a General and/ or pediatric Dentist at our Dalton location to lead our Practice growth. Our Practices are ultra-high tech, designed to provide premium dentistry to all our patients. We offer excellent compensation and benefits package. Mentorship for implants, Orthodontics, Molar Root canals available. Beautiful Smiles by Design.Tel: (919) 423 6386. E-mail: elinahc@beautifulsmilesdentistry .com CAREERS EMPLOYMENT than 1,300 days. Rhodes has his own familial history: His legendary father Dusty, who died in 2015, never won the WWE belt, and in a rematch Cody vies with Reigns for the title on Sunday and a chance to “finish the story.” But first Rhodes has to win the Saturday tag-team match, or else it’s “Bloodline rules,” which pretty much means shenanigans and chicanery are afoot. Pro wrestling always has been best when it can weave elements of the real and fictional. Fans long wanted Rock to battle Reigns to see who is the real “trib- al chief” of their extended Samoan fam- ily, which has deep, long-lasting roots in the wrestling community. (It even was teased in passing on an episode of John- son’s former NBC biographical sitcom “Young Rock.”) That looked to be finally in the cards for Wrestle Mania this year, though at live events the crowds made it clear that Rhodes was their guy. Some nasty slaps, heated personal insults and one heel turn later, the Rock is now feuding with Rhodes and leaving him in a bloody mess in the rain on WWE pro- gramming, or dropping a curse-laden, 20-minute Instagram diatribe as if it were a surprise Beyoncé track. Along with fellow grapplers-turned- actors Dave Bautista and John Cena, Johnson occasionally has returned to the WWE ring over the years. During last year’s actors’ strike, Cena came back for a spell to work with younger tal- ent (including the Bloodline’s Solo Si- koa). Johnson usually is brought back as the electrifying “people’s champion,” since he doesn’t often play the heavy on the big screen. But this in-ring Rock var- iation is refreshing, because Johnson’s committed to tweaking a character we know and brilliantly changing his own game. He first broke bad in the ’90s, after the babyface “Rocky Maivia” character failed and the Rock was born: a cocky, eyebrow-raising baddie everybody loved to hate (and eventually just plain ol’ loved). This current take on “Holly- wood Rock” still has tons of charisma, but he’s dangerous and unpredictable. Johnson sang a strain from his “Moa- na” song “You’re Welcome” as a threat- ening overture toward Rhodes’ mom, and has even goofed on his dog. (So far, Rhodes’ wife and kid have been spared, but hey, it’s not showtime yet.) More important, after the high-pro- file miss of his DC superhero movie “Black Adam,” Johnson’s showing how creative he can be. The family aspect ups the emotional stakes. Even as heels, you understand why Rock and Reigns fight for their people’s honor. At 51, Johnson naturally exudes more tough-guy gravitas than he did 25 years ago. And like any good actor, he’s making everybody around him better: This Rock has lifted up the popular Rhodes as even more of a beloved folk hero than he already was, made the flamboyant Rollins much more inter- esting and created a spicy “who will turn on whom first?” vibe alongside Reigns. Plus he just looks like he’s hav- ing a blast, even as crowds gleefully chant “Rocky sucks” once again. Sadly, it might not last as long as we might like. Johnson will presumably be on good behavior when inducting his grandmother Lia Maivia into the WWE Hall of Fame Friday night. And even though he now sits on the board of directors at TKO (which owns WWE and UFC), at some point Hollywood will come calling again: While promot- ing the Christmas movie “Red One” lat- er this year, Johnson probably won’t be telling a reporter to know their role and shut their mouth. But Johnson knows his role right now, and is absolutely killing it. “Pro- fessional wrestling is cool,” he told the crowd Monday. And the Rock is cook- ing up a reminder of how great he can be for old-school fans, while taking newbies on a deliciously dastardly ride. The Rock, left, has been a menace to Cody Rhodes in recent weeks on WWE programming as well as social media.PROVIDED BY WWE.COM WrestleMania Continued from Page 1B and I knew what it meant and it was never shocking. But now I’ve got kids, and I remember saying to them, “When you’re 18, the morning you wake up, you can say all the words you like! But until then, you’re not allowed to.” It just doesn’t sit nicely. In a kid’s mouth, swearing just makes me feel uncomfortable. But a naughty word can be so helpful sometimes. There can be a real power to it. Sharrock: Particularly if you restrict it. You’re teaching them when it’s ap- propriate and when it’s not, and also to own it. You have to pick and choose when you use it. What do you think is one of the funniest insults? Colman:I remember one time, somebody was driving so aggressively on the motorway. My husband, Ed (Sinclair), could have been raging about it, but instead, he was like, “Oh, you silly sausage!” It made us all giggle. Olivia, have you spoken to Emma Stone (Colman’s co-star in “The Fa- vourite”) since her Oscar win? Colman:Yes! I left a screaming voice message for her and she left a screaming message back for me, which was lovely. She was quite hoarse. It was so exciting. Speaking of Oscar movies, Helen Mirren recently said that you filmed a “Barbie” cameo with her that wound up getting cut. What do you recall about shooting it? Colman: It was really good fun! I was only there for a couple hours. And then when the film was due to be released, I had a call with David Heyman, the pro- ducer, who was just like, “I’m terribly sorry! The film was too long and it didn’t add to the story.” And he was right! It ac- tually worked out brilliantly because I got paid for it and no one could say that I was bad in the film. So it was kind of perfect. But I didn’t get to meet Ryan (Gosling) and I was really cross about that. That takes the cake: Olivia Colman says she couldn’t believe “Wicked Little Letters” was based on a true story. “I was like, ‘Oh, my God, this is real?!’ ” PROVIDED BY PARISA TAGHIZADEH/ SONY PICTURES CLASSICS Letters Continued from Page 1B Colman, from left, Thea Sharrock and Jessie Buckley attend the film’s Paris premiere in February.PASCAL LE SEGRETAIN/GETTY IMAGES 783 Generated on Jun 20, 2024 10:36 AM CDT - Richard Gyure Page 1 of 4 Scoring Summary Active Submissions Total Products and Pricing Performance Capability Qualifications and Experience MWBE Status/Programs Commitment to Members Supplier / 100 pts / 30 pts / 25 pts / 25 pts / 10 pts / 10 pts CORE Construction 85.33 25.33 23.33 22.67 6.667 7.333 S-Works Construction Corporation 79.33 24 21 19 9 6.333 RS Commercial Construction 78.67 25.33 21.33 19.67 5.667 6.667 Advanced Roofing 77 22.67 20.33 21.67 5.667 6.667 Skanska 76.33 22.67 21 20.33 6 6.333 784 Generated on Jun 20, 2024 10:36 AM CDT - Richard Gyure Page 2 of 4 F.H. Paschen, S.N. Nielsen & Associates LLC 73 22.33 20 17.67 6 7 LMC Corporation 73 13.33 20.67 22.33 9.667 7 Progressive Roofing 72.67 18.33 22.33 22.33 3.667 6 3 72.67 24 18 17.67 6.667 6.333 RoofConnect Logistics, Inc 70.67 22.33 19 20 2.667 6.667 AZTECA Designs, Inc DBA' AZTECA Designs and Construction 70 21 17.67 16 9 6.333 Mart, Inc. 69 22.33 18 19 4.667 5 785 Generated on Jun 20, 2024 10:36 AM CDT - Richard Gyure Page 3 of 4 Concord Commercial Services, Inc. 67.33 19.33 19.67 20.33 3 5 NXTGEN Clean Energy Solutions 52.67 16.33 14 12.33 5 5 786 Generated on Jun 20, 2024 10:36 AM CDT - Richard Gyure Page 4 of 4 Eliminated Submissions Products and Pricing Performance Capability Qualifications and Experience MWBE Status/Programs Commitment to Members Supplier / 30 pts / 25 pts / 25 pts / 10 pts / 10 pts Flip Lok LLC - - - - - Reason Supplier Disqualified by Reason Flip Lok LLC Clint Pechacek Non-responsive, does not perform JOC work. 787 Page 3 of 46 Proposal Form Checklist The following documents must be submitted with the Proposal The below documents can be found in Section 2; Proposal Submission and Required Bid Forms and must be submitted with the proposal. Please note Proposal Form 1 is a separate attachment (attachment B). PROPOSAL PRICING: Attachment B is provided separately in a Microsoft Excel file and is required to complete your price proposal. PROPOSAL FORM 1: ATTACHMENT B - PRICING QUESTIONNAIRE & EVALUATION CRITERIA: PROPOSAL FORM 2: QUESTIONNAIRE & EVALUATION CRITERIA OTHER REQUIRED PROPOSAL FORMS: PROPOSAL FORM 3: CERTIFICATIONS AND LICENSES PROPOSAL FORM 4: CLEAN AIR AND WATER ACT PROPOSAL FORM 5: DEBARMENT NOTICE PROPOSAL FORM 6: LOBBYING CERTIFICATION PROPOSAL FORM 7: CONTRACTOR CERTIFICATION REQUIREMENTS PROPOSAL FORM 8: ANTITRUST CERTIFICATION STATEMENTS PROPOSAL FROM 9: IMPLEMENTATION OF HOUSE BILL 1295 PROPOSAL FROM 10: BOYCOTT CERTIFICATION AND TERRORIST STATE CERTIFICATION PROPOSAL FORM 11: RESIDENT CERTIFICATION PROPOSAL FORM 12: FEDERAL FUNDS CERIFICATION FORM PROPOSAL FORM 13: ADDITIONAL ARIZONA CONTRACTOR REQUIREMENTS PROPOSAL FORM 14: OWNERSHIP DISCLOSURE FORM (N.J.S. 52:25-24.2) PROPOSAL FORM 15: NON-COLLUSION AFFIDAVIT PROPOSAL FORM 16: AFFIRMATIVE ACTION AFFIDAVIT (P.L. 1975, C.127) PROPOSAL FORM 17: C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM PROPOSAL FORM 18: STOCKHOLDER DISCLOSURE CERTIFICATION PROPOSAL FORM 19: GENERAL TERMS AND CONDITIONS ACCEPTANCE FORM PROPOSAL FORM 20: EQUALIS GROUP ADMINISTRATION AGREEMENT PROPOSAL FORM 21: OPEN RECORDS POLICY ACKNOWLEDGEMENT AND ACCEPTANCE PROPOSAL FORM 22: VENDOR CONTRACT AND SIGNATURE FORM (The rest of this page is intentially left blank) 788 789 790 791 792 793 794 795 796 CC-C024413 ESTABLISHED 1983 www.advancedroofing.com 800 638.6869 TEL 954.522.6868 FAX 954.566.2967 1950 NW 22nd Street | Fort Lauderdale| Florida 33311 PUBLIC SECTOR CUSTOMER REFERENCES Collier County Contact: James Williams, Facilities Management Division Manager, Facilities Management Location: Naples, FL 34112 Phone: (239) 252-8380 Years Serviced: 4 Years Description of Services: Two Hundred plus (200+) building Roof Asset Management Program, Preventative Maintenance and roof repair services, Roof Replacements. Annual Volume: $500,000+ City of Cape Coral Contact: Rigo Chacon, Public Works Department -Facilities/Projects Manager Location: Cape Coral, FL 33915 Phone: (239) 574-0477 Years Serviced: 3 Years Description of Services: Post-Hurricane Roof Asset Management Services, Roof Repairs, Preventative Maintenance, Roof Replacements for multiple buildings. Annual Volume: $250,000+ City of Sunrise Contact: Mark Pacitti, Director of Facilities Location: Sunrise, FL 33351 Phone: (954) 746-3295 Years Serviced: 5+ Years Description of Services: Fifty plus (50+) building Roof Asset Management Program, Preventative Maintenance and roof repair services, Roof Replacements. Annual Volume: $500,000+ South Florida Water Management District Contact: Tjerk Van Veen, Section Leader – Infrastructure Management Section Location: West Palm Beach, FL 33406 Phone: (561) 682-2717 Years Serviced: 3 Years Description of Services: Seventy plus (70+) Building Roof Asset Management Program, Preventative Maintenance and roof repair services. Annual volume: $100,000+ 797 CC-C024413 ESTABLISHED 1983 www.advancedroofing.com 800 638.6869 TEL 954.522.6868 FAX 954.566.2967 1950 NW 22nd Street | Fort Lauderdale| Florida 33311 School Board of Broward County Contact: Deborah Czubkowski, Chief Facilities Officer Location: Fort Lauderdale, FL 33311 Phone: (754) 321-2659 Years Serviced: 20 Years Description of Services: Large roofing replacements, HVAC, Leak support, Annual Warranty Inspections. Annual Volume: $3,000,000+ 798 www.advancedroofing.com 800 638.6869 TEL 954.522.6868 FAX 954.566.2967 1950 NW 22nd Street | Fort Lauderdale | Florida 33311 | LIC #CCC024413 Policy Regarding Quality Control and Quality Assurance Roofing and Sheet Metal Operations Our mission is to provide quality roof installation along with service and maintenance of existing roof systems to the degree of exceeding customer expectations, manufacturer requirements, code enforcement, and industry standards. We not only strive to exceed requirements and expectations in the installation of the roof system but also in customer service. Quality control and assurance is built into the culture of Advanced Roofing. Upon request for proposal we educate ourselves to the client’s needs and expectations to provide the best value to the client. We perform thorough site visits, condition reviews, and cost analysis. This is all compiled and then communicated with the client to provide the client with the best possible roof system to suit the client’s needs. Upon award of a proposed project, we conduct thorough handoff meetings with our estimator to production department representatives to insure that all specific information for the project is communicated accurately from the proposal process to the close out process. There are project manuals that are composed and given to the project manager, construction manager, and site foreman. This insures that the project information stays integral throughout the process from start to finish. If possible, site meetings are scheduled with the client and our construction manager and site foreman to review all project information. 799 www.advancedroofing.com 800 638.6869 TEL 954.522.6868 FAX 954.566.2967 1950 NW 22nd Street | Fort Lauderdale | Florida 33311 | LIC #CCC024413 The site foreman is a non-working foreman whose focus is in insuring that the project requirements are being followed as planned. In the event that an unforeseeable event or condition occurs, the site foreman works with the construction manager to insure lines of communication remain open to the client so that any actions required can be communicated quickly and efficiently. It is the foreman’s primary duty to insure the installation of the roofing system is being installed at a professional and beyond expectation manner. The foreman has the authority to make corrective actions if needed. This individual conducts daily testing such as field cuts to insure that the installation conforms to the manufacturer, code enforcement, industry standard, and contractual requirements. We conduct routine and thorough training classes with all of our technicians. These classes are “in house” as well as third party taught classes. We believe that providing the routine training to our employees results in a more complete technician who employs the best practices for roof installation. It is important to us that our employees are provided with the best industry practices along with the most current product and technological methods. Including safety training, NRCA industry standard training, and manufacturer installation training. The construction manager is the next line of accountability for insuring that all facets of the project are being processed correctly. The construction manager routinely inspects the ongoing installation for conformance to all code, industry, manufacturer, and contractual requirements. This representative has the authority to alter, stop, or remove and replace sub-par installation. The construction manager insures that all logistics for the project are handled to minimize any impact to customer’s daily activities or operation. The construction manager will conduct daily inspections of the project to insure the installation is being provided per requirements. Daily photographs and a daily report confirming that these requirements are being achieved is documented. A weekly meeting is held with this level of management to review ongoing installations and insure that all work installed is being performed per Advanced Roofing and Florida Building Code requirements. A project manager is assigned to each project. This individual will conduct random site visits to confirm that all contractual requirements, along with quality control requirements are being provided. 800 www.advancedroofing.com 800 638.6869 TEL 954.522.6868 FAX 954.566.2967 1950 NW 22nd Street | Fort Lauderdale | Florida 33311 | LIC #CCC024413 We employ a quality control manager. This representative provides another independent view and perspective for insuring that our installations are meeting and exceeding all requirements. This individual works with field technicians during ongoing installations to provide guidance, field demonstration, requirement accountability, and training. In process inspections are conducted routinely by this individual to insure the installation is being provided at the highest level of workmanship. These inspections are conducted separate from production demands with focus directed strictly on quality of installation. Any deficiencies noted during such inspections are communicated to the construction manager and site foreman along with remediation efforts to assure that the installation is the best possible quality. Deficiencies can apply to product manufacturer requirements, code enforcement requirements, contractual requirements, and industry standard requirements. In addition, we have a full-time safety officer that attends all job sites at the pre- construction meeting as well as random visits to ensure that we are in compliance with all safety requirements and that our employees are working as safe as possible. This individual will review the foreman’s daily safety ( tool box talks) meeting notes and log to insure that safety is routinely discussed and practiced among our employees. This individual provides routine safety training to all of our employees. Our foremen are CERTA trained and certified. Our foremen and construction managers are all OSHA 30 certified. We rely in great part on our reputation as a quality driven company to insure future business from satisfied clients and their recommendations. It is paramount that to us that all facets of our business operate with a mind set that exemplifies quality. We request that at the end of all projects that our customer review with our construction manager a brief survey to review that customer satisfaction has been achieved. We use any information or suggestion received to increase our offering as a business that provides the ultimate in quality installation and customer service. 801 YearPlaintiffDefendantCase No.County Court StatusComments/ProjectOutcomeAttorney for Plaintiff Attorney for Defendant2017 ADVANCED ROOFING, INC. FIRST STANDARD ASSURETY, LLLP, KENYON & PARTNERS, INC.17-CA-001785Hillsborough Circuit Open Non-payment for work performed. (amount in dispute $150,000)PendingThe Kendrick Law Firm 499 NW 70th Ave, Suite 108 Plantation, FL 33317 Kassel Law Group, PLLC4016 Henderson Blvd., Suite E Tampa, FL 336292020 ADVANCED ROOFING, INC. Gator Delray, L.C.CACE-20-002444(09) Broward Circuit Closed Non-payment for work performed. (amount in dispute $25,000)Confidential Settlement The Kendrick Law Firm 499 NW 70th Ave, Suite 108 Plantation, FL 33317 Mark Goldstein, Esq., 1835 NE Miami Gardens Drive, Suite 211, Miami, FL 331792020 ADVANCED ROOFING, INC. Gator Sheridan, Inc.COWE-20-003446(83) Broward County Closed Non-payment for work performed. (amount in dispute $15,000)Confidential Settlement The Kendrick Law Firm 499 NW 70th Ave, Suite 108 Plantation, FL 33317 Mark Goldstein, Esq., 1835 NE Miami Gardens Drive, Suite 211, Miami, FL 331792020 Eric YogelAdvanced Roofing Inc 502020CA001593XXXXMB Palm Beach Circuit Closed Property damage (amount in dispute $30,000)Confidential Settlement. Salpeter Gitkin, LLP, 3864 Sheridan Street, Hollywood, FL 33021The Kendrick Law Firm 499 NW 70th Ave, Suite 108 Plantation, FL 33317 2020 Ignacio Diaz and Sara Diaz Olypus Insurance Company and Advanced Roofing, Inc. 2020-003366-CA-01Miami-Dade Circuit Closed Roof leak. (amount in dispute $40,000)Confidential Settement. Alvarez, Feltman, Da Silva & Costa, P.L.,2525 SW 27th Avenue, Suite 201, Miami, FL 33133The Kendrick Law Firm 499 NW 70th Ave, Suite 108 Plantation, FL 33317 2020 Hollywood Comics and Collectibles, Inc.Citrus Park Mall Owner LLC, and Advanced Roofing, Inc. and Ramirez Roofing, Inc.20-CA-1799 DIV KHillsborough Circuit Closed Property damage (amount in dispute $50,000)Confidential Settlement. Kaufman & Lynd, PLLC, 200 E. Robinson St., Suite 250, Orlando, FL 32801Kubicki Draper 400 North Ashley Drive , Suite 1200 Tampa, FL 336022020 ADVANCED ROOFING, INC. Burke Construction, Inc. et al. 2020-006234-CA-01 (32) Miami-Dade Circuit Closed Non-payment for work performed. (amount in dispute $80,000)Confidential Settlement. The Kendrick Law Firm 499 NW 70th Ave, Suite 108 Plantation, FL 33317 Elder & Lewis, P.A., 9155 S. Dadeland Blvd., Suite 1110, Miami, FL 33156 2020 Universal Property Casualty Insurance CompanyAdvanced Roofing Inc, and Key Islander Condominium Association Inc2020-027854-SP-05Miami-Dade County ClosedMinor Water Damages (less than $8,000)Confidential Settlement. Andreu, Palma, Lavin & Solis, PLLC 887 Donald Ross RoadJuno Beach, FL 33408The Kendrick Law Firm 499 NW 70th Ave, Suite 108 Plantation, FL 33317 2020 ADVANCED ROOFING, INC. Travelers Casaulty CACE-20-015449 (14) Palm Beach Circuit Closed Non-payment for work performed. Confidential Settlement. The Kendrick Law Firm 499 NW 70th Ave, Suite 108 Plantation, FL 33317 Taylor Espino Vega & Touron, PLLC, 201 Alhambra Circle, Suite 801, Coral Gables, FL 331342021 Park Place CondoAdvanced Roofing, Inc.CACE-21-002028Broward Circuit Closed Expansion joint leaks and repairs (amount in dispute $30,000)Confidential Settlement. Mallory Law Group, 2074 West Indiantown Road, Suite 201, PO Box 8858 Jupiter, FL 33468The Kendrick Law Firm 499 NW 70th Ave, Suite 108 Plantation, FL 33317 2021 Everett and Mary Sprigler Regatta at Vanderbilt Condo; T-Mobile; Betacom; Advanced Roofing, Inc.11-2019-CA-004703-001 Collier Circuit Closed Condo unit owner leak claim (amount in dispute $15,000)Confidential Settlement. Padgett Law, P.A.201 E. Kennedy Blvd., Suite 600Tampa, FL 33602The Kendrick Law Firm 499 NW 70th Ave, Suite 108 Plantation, FL 33317 2021 ADVANCED ROOFING, INC. Concorde Group Holdings, LLC CACE-21-005191 (12) Broward Circuit Closed Non-payment for work performed (amount in dispute $30,000)Confidential Settlement. The Kendrick Law Firm 499 NW 70th Ave, Suite 108 Plantation, FL 33317 Nelson Mullins, 1905 NW Corporate Blvd., Suite 310, Boca Raton, FL 334312021Prudes Wig StudioAdvanced Roofing, Inc.2020-007824-CA-01 (05) Miami-Dade Circuit Closed Tenant propety damage (amount in dispute $1,000)Confidential Settlement. Sutton Law Group, P.A., 7721 SW 62nd Avenue, Suite 101, South Miami, FL 33143The Kendrick Law Firm 499 NW 70th Ave, Suite 108 Plantation, FL 33317 2021 Castle Key Insurance Advanced Roofing, Inc.CC21-3510St. Johns County Open Unit owner property damage (amount in dispute $1,000PendingDerrevere Stevens Black & Cozad, 2005 Vista Parkway, Suite 210 West Palm Beach, FL 33411The Kendrick Law Firm 499 NW 70th Ave, Suite 108 Plantation, FL 33317 2022 ADVANCED ROOFING, INC. Federal Insurance Company 2022-007776-CA-01Miami-Dade Circuit Closed Non-payment for work performed (amount in dispute $100,000)Voluntary DismissalThe Kendrick Law Firm 499 NW 70th Ave, Suite 108 Plantation, FL 33317 None802 YearPlaintiffDefendantCase No.County Court StatusComments/ProjectOutcomeAttorney for Plaintiff Attorney for Defendant2022 ADVANCED ROOFING, INC. Bandes Construction, Inc.22-003605-CI (13)Pinellas Circuit Open Non-payment for work performed (amount in dispute $40,000)PendingThe Kendrick Law Firm 499 NW 70th Ave, Suite 108 Plantation, FL 33317 Walters Levine & Degrave, 601 Bayshore Blvd., Suite 720, Tampa, FL 336062022 ADVANCED ROOFING, INC. Tucker Outdoor Services, Inc. COWE-22-003403 (82) Broward County Open Breach of Contract Materials Supplier (amount in dispute $30,000)Judgment in favor of Advanced RoofingThe Kendrick Law Firm 499 NW 70th Ave, Suite 108 Plantation, FL 33317 None2023 ADVANCED ROOFING, INC. Investements SWK, LLCCACE-23-018201Broward Circuit Open Non-payment for work performed (amount in dispute $160,000)PendingThe Kendrick Law Firm 499 NW 70th Ave, Suite 108 Plantation, FL 33317 None at this time2023 TF North Run, LLCAdvanced Roofing, Inc. et. al 23-027927-CA-01Miami-Dade Circuit Open Contract dispute (amount in dispute is in excess of $50,000)Pending Scott D. Kravetz, Esq. and Morgan L. Swing, Esq., Duane Morris, LLP, counsel for TF North, 201 S. Biscayne Blvd., Suite 3400, Miami, FL 33131The Kendrick Law Firm 499 NW 70th Ave, Suite 108 Plantation, FL 33317 2023 GueramiAdvanced Roofing, Inc. et. al 23-025797-CA-01 Miami-Dade Circuit Open Condo unit owner leak claim (amount in dispute is in excess of $50,000)Penidng Aaron S. Bass , Esq., Silver, Bass & Brams, P.A., Counsel for Plaintiffs, 500 South Australian Avenue, Suite 1010, West Palm Beach, FL 33401-6237The Kendrick Law Firm 499 NW 70th Ave, Suite 108 Plantation, FL 33317 2024 ADVANCED ROOFING, INC. Harbourage CondominiumCACE-24-001012 (14) Broward Circuit Open Non-payment for work performed (amount in dispute is $80,000)Pending The Kendrick Law Firm 499 NW 70th Ave, Suite 108 Plantation, FL 33317 None at this time803 State of Florida Department of State I certify from the records of this office that ADVANCED ROOFING, INC. is a corporation organized under the laws of the State of Florida, filed on October 8, 1983. The document number of this corporation is G65116. I further certify that said corporation has paid all fees due this office through December 31, 2024, that its most recent annual report/uniform business report was filed on January 9, 2024, and that its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Ninth day of January, 2024 Tracking Number: 8321108239CC To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. https://services.sunbiz.org/Filings/CertificateOfStatus/CertificateAuthentication 804 805 806 807 808 809 810 811 812 813 814 815 816 817 818 819 Page 17 of 46 PROPOSAL FORM 9: IMPLEMENTATION OF HOUSE BILL 1295 Certificate of Interested Parties (Form 1295): In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that a governmental entity or state agency may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency. The law applies only to a contract of a governmental entity or state agency that either (1) requires an action or vote by the governing body of the entity or agency before the contract may be signed or (2) has a value of at least $1 million. The disclosure requirement applies to a contract entered into on or after January 1, 2016. The Texas Ethics Commission was required to adopt rules necessary to implement that law, prescribe the disclosure of interested parties form, and post a copy of the form on the commission’s website. The commission adopted the Certificate of Interested Parties form (Form 1295) on October 5, 2015. The commission also adopted new rules (Chapter 46) on November 30, 2015, to implement the law. The commission does not have any additional authority to enforce or interpret House Bill 1295. Filing Process: Staring on January 1, 2016, the commission will make available on its website a new filing application that must be used to file Form 1295. A business entity must use the application to enter the required information on Form 1295 and print a copy of the completed form, which will include a certification of filing that will contain a unique certification number. An authorized agent of the business entity must sign the printed copy of the form and have the form notarized. The completed Form 1295 with the certification of filing must be filed with the governmental body or state agency with which the business entity is entering into the contract. The governmental entity or state agency must notify the commission, using the commission’s filing application, of the receipt of the filed Form 1295 with the certification of filing not later than the 30th day after the date the contract binds all parties to the contract. The commission will post the completed Form 1295 to its website within seven business days after receiving notice from the governmental entity or state agency. Information regarding how to use the filing application will be available on this site starting on January 1, 2016. https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm 820 Page 18 of 46 PROPOSAL FORM 10: BOYCOTT CERTIFICATION AND TERRORIST STATE CERTIFICATION BOYCOTT CERTIFICATION Respondent must certify that during the term of any Agreement, it does not boycott Israel and will not boycott Israel. “Boycott” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. Does vendor agree? ____________________________________ (Initials of Authorized Representative) Respondent must certify that it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and will not discriminate during the term of the contract against a firearm entity or firearm trade association. Respondent must aslo certify that it does not boycott energy companies; and will not boycott energy companies during the term of the contract. Does vendor agree? _____________________________________ (Initials of Authorized Representative) TERRORIST STATE CERTIFICATION In accordance with Texas Government Code, Chapter 2252, Subchapter F, REGION 10 ESC is prohibited from entering into a contract with a company that is identified on a list prepared and maintained by the Texas Comptroller or the State Pension Review Board under Texas Government Code Sections 806.051, 807.051, or 2252.153. By execution of any agreement, the respondent certifies to REGION 10 ESC that it is not a listed company under any of those Texas Government Code provisions. Responders must voluntarily and knowingly acknowledge and agree that any agreement shall be null and void should facts arise leading the REGION 10 ESC to believe that the respondent was a listed company at the time of this procurement. Does vendor agree? ____________________________________ (Initials of Authorized Representative) 821 Page 19 of 46 PROPOSAL FORM 11: RESIDENT CERTIFICATION This Certification Section must be completed and submitted before a proposal can be awarded to your company. This information may be placed in an envelope labeled "Proprietary" and is not subject to public view. In order for a proposal to be considered, the following information must be provided. Failure to complete may result in rejection of the proposal: As defined by Texas House Bill 602, a "nonresident Bidder" means a Bidder whose principal place of business is not in Texas, but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in Texas. Texas or Non-Texas Resident  I certify that my company is a "resident Bidder"  I certify that my company qualifies as a "nonresident Bidder" If you qualify as a "nonresident Bidder," you must furnish the following information: What is your resident state? (The state your principal place of business is located.) _____________________________________________________________________________________Compan y Name Address _____________________________________________________________________________________City State Zip 822 Page 20 of 46 PROPOSAL FORM 12: FEDERAL FUNDS CERTIFICATION FORM When a participating agency seeks to procure goods and services using funds under a federal grant or contract, specific federal laws, regulations, and requirements may apply in addition to those under state law. This includes, but is not limited to, the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 CFR 200 (sometimes referred to as the “Uniform Guidance” or “EDGAR” requirements). All Vendors submitting proposals must complete this Federal Funds Certification Form regarding Vendor’s willingness and ability to comply with certain requirements which may be applicable to specific participating agency purchases using federal grant funds. This completed form will be made available to participating agencies for their use while considering their purchasing options when using federal grant funds. Participating agencies may also require Vendors to enter into ancillary agreements, in addition to the contract’s general terms and conditions, to address the member’s specific contractual needs, including contract requirements for a procurement using federal grants or contracts. For each of the items below, Vendor should certify Vendor’s agreement and ability to comply, where applicable, by having Vendor’s authorized representative complete and initial the applicable lines after each section and sign the acknowledgment at the end of this form. If a vendor fails to complete any item in this form, Region 10 ESC will consider the Vendor’s response to be that they are unable or unwilling to comply. A negative response to any of the items may, if applicable, impact the ability of a participating agency to purchase from the Vendor using federal funds. 1. Vendor Violation or Breach of Contract Terms: Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 USC 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. Any Contract award will be subject to Region 10 ESC General Terms and Conditions, as well as any additional terms and conditions in any Purchase Order, participating agency ancillary contract, or Member Construction Contract agreed upon by Vendor and the participating agency which must be consistent with and protect the participating agency at least to the same extent as the Region 10 ESC Terms and Conditions. The remedies under the Contract are in addition to any other remedies that may be available under law or in equity. By submitting a Proposal, you agree to these Vendor violation and breach of contract terms. Does vendor agree? ____________________________________ (Initials of Authorized Representative) 2. Termination for Cause or Convenience: When a participating agency expends federal funds, the participating agency reserves the right to immediately terminate any agreement in excess of $10,000 resulting from this procurement process in the event of a breach or default of the agreement by Offeror in the event Offeror fails to: (1) meet schedules, deadlines, and/or delivery dates within the time specified in the procurement solicitation, contract, and/or a purchase order; (2) make any payments owed; or (3) otherwise perform in accordance with the contract and/or the procurement solicitation. participating agency also reserves the right to terminate the contract immediately, with written notice to offeror, for convenience, if participating agency believes, in its sole discretion that it is in the best 823 Page 21 of 46 interest of participating agency to do so. Offeror will be compensated for work performed and accepted and goods accepted by participating agency as of the termination date if the contract is terminated for convenience of participating agency. Any award under this procurement process is not exclusive and participating agency reserves the right to purchase goods and services from other offerors when it is in participating agency’s best interest. Does vendor agree? ____________________________________ (Initials of Authorized Representative) 3. Equal Employment Opportunity: Except as otherwise provided under 41 CFR Part 60, all participating agency purchases or contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 shall be deemed to include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR Part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause provided under 41 CFR 60-1.4(b) is hereby incorporated by reference. Vendor agrees that such provision applies to any participating agency purchase or contract that meets the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 and Vendor agrees that it shall comply with such provision. Does vendor agree? ____________________________________ (Initials of Authorized Representative) 4. Davis-Bacon Act: When required by Federal program legislation, Vendor agrees that, for all participating agency prime construction contracts/purchases in excess of $2,000, Vendor shall comply with the Davis-Bacon Act (40 USC 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, Vendor is required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determinate made by the Secretary of Labor. In addition, Vendor shall pay wages not less than once a week. Current prevailing wage determinations issued by the Department of Labor are available at www.wdol.gov. Vendor agrees that, for any purchase to which this requirement applies, the award of the purchase to the Vendor is conditioned upon Vendor’s acceptance of the wage determination. Vendor further agrees that it shall also comply with the Copeland “Anti-Kickback” Act (40 USC 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. 824 Page 22 of 46 Does vendor agree? ____________________________________ (Initials of Authorized Representative) 5. Contract Work Hours and Safety Standards Act: Where applicable, for all participating agency contracts or purchases in excess of $100,000 that involve the employment of mechanics or laborers, Vendor agrees to comply with 40 USC 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 USC 3702 of the Act, Vendor is required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 USC 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Does vendor agree? ____________________________________ (Initials of Authorized Representative) 6. Right to Inventions Made Under a Contract or Agreement: If the participating agency’s Federal award meets the definition of “funding agreement” under 37 CFR 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance or experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Vendor agrees to comply with the above requirements when applicable. Does vendor agree? ____________________________________ (Initials of Authorized Representative) 7. Clean Air Act and Federal Water Pollution Control Act: Clean Air Act (42 USC 7401-7671q.) and the Federal Water Pollution Control Act (33 USC 1251-1387), as amended –Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 USC 7401-7671q.) and the Federal Water Pollution Control Act, as amended (33 USC 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). When required, Vendor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act and the Federal Water Pollution Control Act. Does vendor agree? ____________________________________ 825 Page 23 of 46 (Initials of Authorized Representative) 8. Debarment and Suspension: Debarment and Suspension (Executive Orders 12549 and 12689) – A contract award (see 2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1966 Comp. p. 189) and 12689 (3CFR Part 1989 Comp. p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that Vendor is not currently listed on the government-wide exclusions in SAM, is not debarred, suspended, or otherwise excluded by agencies or declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor further agrees to immediately notify the Cooperative and all participating agencies with pending purchases or seeking to purchase from Vendor if Vendor is later listed on the government-wide exclusions in SAM, or is debarred, suspended, or otherwise excluded by agencies or declared ineligible under statutory or regulatory authority other than Executive Order 12549. Does vendor agree? ____________________________________ (Initials of Authorized Representative) 9. Byrd Anti-Lobbying Amendment: Byrd Anti-Lobbying Amendment (31 USC 1352) -- Vendors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 USC 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. As applicable, Vendor agrees to file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 USC 1352). Does vendor agree? ____________________________________ (Initials of Authorized Representative) 10. Procurement of Recovered Materials: For participating agency purchases utilizing Federal funds, Vendor agrees to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act where applicable and provide such information and certifications as a participating agency may require to confirm estimates and otherwise comply. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery, 826 Page 24 of 46 and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Does vendor agree? ____________________________________ (Initials of Authorized Representative) 11. Profit as a Separate Element of Price: For purchases using federal funds in excess of $150,000, a participating agency may be required to negotiate profit as a separate element of the price. See, 2 CFR 200.323(b). When required by a participating agency, Vendor agrees to provide information and negotiate with the participating agency regarding profit as a separate element of the price for a particular purchase. However, Vendor agrees that the total price, including profit, charged by Vendor to the participating agency shall not exceed the awarded pricing, including any applicable discount, under Vendor’s Cooperative Contract. Does vendor agree? ____________________________________ (Initials of Authorized Representative) 12. Domestic Preference Vendor must be prepared to provide a comprehensive list of the number of goods, products, and/or materials (including but not limited to iron, aluminum, steel, cement, and other manufactured products) being used for specific purchase orders under the contract award which were produced in the United States upon request to Region 10 ESC or any Equalis member who intends to use this contract with federal funds. Does vendor agree? ____________________________________ (Initials of Authorized Representative) 13. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment Vendor agrees that recipients and subrecipients are prohibited from obligating or expending loan or grant funds to procure or obtain, extend or renew a contract to procure or obtain, or enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems 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 from companies described in Public Law 115-232, section 889. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country are also prohibited. Does vendor agree? ____________________________________ (Initials of Authorized Representative) 14. General Compliance and Cooperation with Participating Agencies: In addition to the foregoing specific requirements, Vendor agrees, in accepting any Purchase Order from a participating agency, it shall make a good faith effort to work with participating agencies to provide such information and to satisfy such requirements as may apply to a particular participating agency purchase or purchases including, but not limited to, applicable recordkeeping and record retention requirements. 827 828 Page 26 of 46 PROPOSAL FORM 13: FEMA REQUIREMENTS When a participating agency seeks to procure goods and services using funds under a federal grant or contract, specific federal laws, regulations, and requirements may apply in addition to those under state law. This includes, but is not limited to, the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 CFR 200 (sometimes referred to as the “Uniform Guidance” or “EDGAR” requirements). Additionally, Appendix II to Part 200 authorizes FEMA to require or recommend additional provisions for contracts. All respondents submitting proposals must complete this FEMA Recommended Contract Provisions Form regarding respondent ’s willingness and ability to comply with certain requirements which may be applicable to specific participating agency purchases using FEMA funds. This completed form will be made available to Members for their use while considering their purchasing options when using FEMA grant funds. Members may also require Supplier Partners to enter into ancillary agreements, in addition to the contract ’s general terms and conditions, to address the member’s specific contractual needs, including contract requirements for a procurement using federal grants or contracts. For each of the items below, Respondent should certify Respondent’s agreement and ability to comply, where applicable, by having respondents authorized representative complete and initial the applicable lines after each section and sign the acknowledgment at the end of this form. If a Respondent fails to complete any item in this form, Region 10 ESC will consider the respondent’s response to be that they are unable or unwilling to comply. A negative response to any of the items may, if applicable, impact the ability of a participating agency to purchase from the Supplier Partner using federal funds. 1. Access to Records For All Procurements The Winning Supplier agrees to provide the participating agency, the pass-through entity (if applicable), the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. The Winning Supplier agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. The Winning Supplier agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. Does Respondent agree? __ (Initials of Authorized Representative) For Contracts Entered into After August 1, 2017 Under a Major Disaster or Emergency Declaration In compliance with section 1225 of the Disaster Recovery Reform Act of 2018, the participating agency, and the Winning Supplier acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States.” Does Respondent agree? ___ (Initials of Authorized Representative) 2. Changes 829 Page 27 of 46 FEMA recommends that all contracts include a changes clause that describes how, if at all, changes can be made by either party to alter the method, price, or schedule of the work without breaching the contract. The language of the clause may depend on the nature of the contract and the procured item(s) or service(s). The participating agency should also consult their servicing legal counsel to determine whether and how contract changes are permissible under applicable state, local, or tribal laws or regulations. Does Respondent agree? ___ (Initials of Authorized Representative) 3. Use of DHS Seal, Logo, and Flags The Winning Supplier shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. The contractor shall include this provision in any subcontracts. Does Respondent agree? ___ (Initials of Authorized Representative) 4. Compliance with Federal Law, Regulations, And Executive Orders and Acknowledgement of Federal Funding This is an acknowledgement that when FEMA financial assistance is used to fund all or a portion of the participating agency’s contract with the Winning Supplier, the Winning Supplier will comply with all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. Does Respondent agree? ___. (Initials of Authorized Representative) 5. No Obligation by Federal Government The federal government is not a party to this or any contract resulting from this or future procurements with the participating agencies and is not subject to any obligations or liabilities to the non-federal entity, contractor, or any other party pertaining to any matter resulting from the contract. Does Respondent agree? ___ (Initials of Authorized Representative) 6. Program Fraud and False or Fraudulent Statements or Related Acts The Winning Supplier acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor’s actions pertaining to this contract. Does Respondent agree? ___ (Initials of Authorized Representative) 7. Affirmative Socioeconomic Steps If subcontracts are to be let, the Winning Supplier is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women’s business enterprises, and labor surplus area firms are used when possible. Does Respondent agree? ___ (Initials of Authorized Representative) 8. License and Delivery of Works Subject to Copyright and Data Rights 830 Page 28 of 46 The Winning Supplier grants to the participating agency, a paid-up, royalty-free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Winning Supplier will identify such data and grant to the participating agency or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Winning Supplier will deliver to the participating agency data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the (insert name of the non-federal entity). Does Respondent agree? ___ (Initials of Authorized Representative) 831 Page 29 of 46 PROPOSAL FORM 14: ADDITIONAL ARIZONA CONTRACTOR REQUIREMENTS AZ Compliance with Federal and state requirements: Contractor agrees when working on any federally assisted projects with more than $2,000.00 in labor costs, to comply with all federal and state requirements, as well as Equal Opportunity Employment requirements and all other federal and state laws, statutes, etc. Contractor agrees to post wage rates at the work site and submit a copy of their payroll to the member for their files. Contractor must retain records for three years to allow the federal grantor agency access to these records, upon demand. Contractor also agrees to comply with the Arizona Executive Order 75-5, as amended by Executive Order 99-4. When working on contracts funded with Federal Grant monies, contractor additionally agrees to comply with the administrative requirements for grants, and cooperative agreements to state, local and federally recognized Indian Tribal Governments. AZ Compliance with workforce requirements: Pursuant to ARS 41-4401, Contractor and subcontractor(s) warrant their compliance with all federal and state immigration laws and regulations that relate to their employees, and compliance with ARS 23-214 subsection A, which states, …”every employer, after hiring an employee, shall verify the employment eligibility of the employee through the E-Verify program” Region 10 ESC reserves the right to cancel or suspend the use of any contract for violations of immigration laws and regulations. Region 10 ESC and its members reserve the right to inspect the papers of any contractor or subcontract employee who works under this contract to ensure compliance with the warranty above. AZ Contractor Employee Work Eligibility: By entering into this contract, contractor agrees and warrants compliance with A.R.S. 41-4401, A.R.S. 23-214, the Federal Immigration and Nationality Act (FINA), and all other Federal immigration laws and regulations. Region 10 ESC and/or Region 10 ESC members may request verification of compliance from any contractor or sub contractor performing work under this contract. Region 10 ESC and Region 10 ESC members reserve the right to confirm compliance. In the event that Region 10 ESC or Region 10 ESC members suspect or find that any contractor or subcontractor is not in compliance, Region 10 ESC may pursue any and all remedies allowed by law, including but not limited to suspension of work, termination of contract, suspension and/or debarment of the contractor. All cost associated with any legal action will be the responsibility of the contractor. AZ Non-Compliance: All federally assisted contracts to members that exceed $10,000.00 may be terminated by the federal grantee for noncompliance by contractor. In projects that are not federally funded, Respondent must agree to meet any federal, state or local requirements as necessary. In addition, if compliance with the federal regulations increases the contract costs beyond the agreed on costs in this solicitation, the additional costs may only apply to the portion of the work paid by the federal grantee. Registered Sex Offender Restrictions (Arizona): For work to be performed at an Arizona school, contractor agrees that no employee or employee of a subcontractor who has been adjudicated to be a registered sex offender will perform work at any time when students are present, or reasonably expected to be present. Contractor agrees that a violation of this condition shall be considered a material breach and may result in the cancellation of the purchase order at the Region 10 ESC member’s discretion. Contractor must identify any additional costs associated with compliance to this term. If no costs are specified, compliance with this term will be provided at no additional charge. 832 Page 30 of 46 Offshore Performance of Work Prohibited: Due to security and identity protection concerns, direct services under this contract shall be performed within the borders of the United States. Terrorism Country Divestments: In accordance with A.R.S. 35-392, Region 10 ESC and Region 10 ESC members are prohibited from purchasing from a company that is in violation of the Export Administration Act. By entering into the contract, contractor warrants compliance with the Export Administration Act. The undersigned hereby accepts and agrees to comply with all statutory compliance and notice requirements listed in this document. Signature of Respondent Date 833 Page 31 of 46 PROPOSAL FORM 15: OWNERSHIP DISCLOSURE FORM (N.J.S. 52:25-24.2) Pursuant to the requirements of P.L. 1999, Chapter 440 effective April 17, 2000 (Local Public Contracts Law), the Respondent shall complete the form attached to these specifications listing the persons owning 10 percent (10%) or more of the firm presenting the proposal. Company Name: Street: City, State, Zip Code: Complete as appropriate: I _______________________________________ , certify that I am the sole owner of ____________________________________ , that there are no partners and the business is not incorporated, and the provisions of N.J.S. 52:25-24.2 do not apply. OR: I _______________________________________ , a partner in ______________________________ , do hereby certify that the following is a list of all individual partners who own a 10% or greater interest therein. I further certify that if one (1) or more of the partners is itself a corporation or partnership, there is also set forth the names and addresses of the stockholders holding 10% or more of that corporation’s stock or the individual partners owning 10% or greater interest in that partnership. OR: I _______________________________________ , an authorized representative of ______________________________ , a corporation, do hereby certify that the following is a list of the names and addresses of all stockholders in the corporation who own 10% or more of its stock of any class. I further certify that if one (1) or more of such stockholders is itself a corporation or partnership, that there is also set forth the names and addresses of the stockholders holding 10% or more of the corporation’s stock or the individual partners owning a 10% or greater interest in that partnership. (Note: If there are no partners or stockholders owning 10% or more interest, indicate none.) Name Address Interest I further certify that the statements and information contained herein, are complete and correct to the best of my knowledge and belief. _________________________________________ _____________________ Authorized Signature and Title Date 834 Page 32 of 46 PROPOSAL FORM 16: NON-COLLUSION AFFIDAVIT Company Name: Street: City, State, Zip Code: State of New Jersey County of ________________________ I, ____________________________ of the ___________________________ Name City in the County of ____________________________, State of ___________________________________ of full age, being duly sworn according to law on my oath depose and say that: I am the _____________________________ of the firm of _____________________________________ Title Company Name the Respondent making the Proposal for the goods, services or public work specified under the Harrison Township Board of Education attached proposal, and that I executed the said proposal with full authority to do so; that said Respondent has not directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free, competitive bidding in connection with the above proposal, and that all statements contained in said bid proposal and in this affidavit are true and correct, and made with full knowledge that the Harrison Township Board of Education relies upon the truth of the statements contained in said bid proposal and in the statements contained in this affidavit in awarding the contract for the said goods, services or public work. I further warrant that no person or selling agency has been employed or retained to solicit or secure such contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by ______________________________________ _________________________________________ Company Name Authorized Signature & Title Subscribed and sworn before me this ______ day of ______________, 20____ __________________________________________ Notary Public of New Jersey My commission expires , 20____ SEAL 835 Page 33 of 46 PROPOSAL FORM 17: AFFIRMATIVE ACTION AFFIDAVIT (P.L. 1975, C.127) Company Name: __________________________________________________________ Street: __________________________________________________________________ City, State, Zip Code: ______________________________________________________ Bid Proposal Certification: Indicate below your compliance with New Jersey Affirmative Action regulations. Your proposal will be accepted even if you are not in compliance at this time. No contract and/or purchase order may be issued, however, until all Affirmative Action requirements are met. Required Affirmative Action Evidence: Procurement, Professional & Service Contracts (Exhibit A) Vendors must submit with proposal: 1. A photo copy of their Federal Letter of Affirmative Action Plan Approval _________ OR 2. A photo copy of their Certificate of Employee Information Report _________ OR 3. A complete Affirmative Action Employee Information Report (AA302) _________ Public Work – Over $50,000 Total Project Cost: A. No approved Federal or New Jersey Affirmative Action Plan. We will complete Report Form _________ AA201-A upon receipt from the Harrison Township Board of Education B. Approved Federal or New Jersey Plan – certificate enclosed _________ I further certify that the statements and information contained herein, are complete and correct to the best of my knowledge and belief. _______________________________________________________ _______________ Authorized Signature and Title Date P.L. 1995, c. 127 (N.J.A.C. 17:27) MANDATORY AFFIRMATIVE ACTION LANGUAGE PROCUREMENT, PROFESSIONAL AND SERVICE CONTRACTS During the performance of this contract, the contractor agrees as follows: The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation. The contractor will take affirmative action to ensure that such applicants are recruited and employed, and that employees are treated during employment, without regard to their age, race, creed, color, 836 Page 34 of 46 national origin, ancestry, marital status, sex, affectional or sexual orientation. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this non-discrimination clause. The contractor or subcontractor, where applicable will, in all solicitations or advertisement for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation. The contractor or subcontractor, where applicable, will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer advising the labor union or workers' representative of the contractor's commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to P.L. 1975, c. 127, as amended and supplemented from time to time and the Americans with Disabilities Act. The contractor or subcontractor agrees to attempt in good faith to employ minority and female workers trade consistent with the applicable county employment goal prescribed by N.J.A.C. 17:27-5.2 promulgated by the Treasurer pursuant to P.L. 1975, C.127, as amended and supplemented from time to time or in accordance with a binding determination of the applicable county employment goals determined by the Affirmative Action Office pursuant to N.J.A.C. 17:27-5.2 promulgated by the Treasurer pursuant to P.L. 1975, C.127, as amended and supplemented from time to time. The contractor or subcontractor agrees to inform in writing appropriate recruitment agencies in the area, including employment agencies, placement bureaus, colleges, universities, labor unions, that it does not discriminate on the basis of age, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices. The contractor or subcontractor agrees to revise any of it testing procedures, if necessary, to assure that all personnel testing conforms with the principles of job-related testing, as established by the statutes and court decisions of the state of New Jersey and as established by applicable Federal law and applicable Federal court decisions. The contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and lay-off to ensure that all such actions are taken without regard to age, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation, and conform with the applicable employment goals, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions. 837 Page 35 of 46 The contractor and its subcontractors shall furnish such reports or other documents to the Affirmative Action Office as may be requested by the office from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Affirmative Action Office for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code (NJAC 17:27). ________________________________________________ Signature of Procurement Agent 838 Page 36 of 46 PROPOSAL FORM 18: C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM Public Agency Instructions This page provides guidance to public agencies entering into contracts with business entities that are required to file Political Contribution Disclosure forms with the agency. It is not intended to be provided to contractors. What follows are instructions on the use of form local units can provide to contractors that are required to disclose political contributions pursuant to N.J.S.A. 19:44A-20.26 (P.L. 2005, c. 271, s.2). Additional information is available in Local Finance Notice 2006-1 (https://www.nj.gov/dca/divisions/dlgs/resources/lfns 2006.html). 1. The disclosure is required for all contracts in excess of $17,500 that are not awarded pursuant to a “fair and open” process (N.J.S.A. 19:44A-20.7). 2. Due to the potential length of some contractor submissions, the public agency should consider allowing data to be submitted in electronic form (i.e., spreadsheet, pdf file, etc.). Submissions must be kept with the contract documents or in an appropriate computer file and be available for public access. The form is worded to accept this alternate submission. The text should be amended if electronic submission will not be allowed. 3. The submission must be received from the contractor and on file at least 10 days prior to award of the contract. Resolutions of award should reflect that the disclosure has been received and is on file. 4. The contractor must disclose contributions made to candidate and party committees covering a wide range of public agencies, including all public agencies that have elected officials in the county of the public agency, state legislative positions, and various state entities. The Division of Local Government Services recommends that contractors be provided a list of the affected agencies. This will assist contractors in determining the campaign and political committees of the officials and candidates affected by the disclosure. a) The Division has prepared model disclosure forms for each county. They can be downloaded from the “County PCD Forms” link on the Pay-to-Play web site at https://www.state.nj.us/dca/divisions/dlgs/programs/pay 2 play.html They will be updated from time-to-time as necessary. b) A public agency using these forms should edit them to properly reflect the correct legislative district(s). As the forms are county-based, they list all legislative districts in each county. Districts that do not represent the public agency should be removed from the lists. c) Some contractors may find it easier to provide a single list that covers all contributions, regardless of the county. These submissions are appropriate and should be accepted. d) The form may be used “as-is”, subject to edits as described herein. e) The “Contractor Instructions” sheet is intended to be provided with the form. It is recommended that the Instructions and the form be printed on the same piece of paper. The form notes that the Instructions are printed on the back of the form; where that is not the case, the text should be edited accordingly. f) The form is a Word document and can be edited to meet local needs, and posted for download on web sites, used as an e-mail attachment, or provided as a printed document. 5. It is recommended that the contractor also complete a “Stockholder Disclosure Certification.” This will assist the local unit in its obligation to ensure that contractor did not make any prohibited contributions to the committees listed on the Business Entity Disclosure Certification in the 12 months prior to the contract. (See Local Finance Notice 2006-7 for additional information on this obligation) A sample Certification form is part of this package and the instruction to complete it is included in the Contractor Instructions. NOTE: This section is not applicable to Boards of Education. 839 Page 37 of 46 C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM Contractor Instructions Business entities (contractors) receiving contracts from a public agency that are NOT awarded pursuant to a “fair and open” process (defined at N.J.S.A. 19:44A-20.7) are subject to the provisions of P.L. 2005, c. 271, s.2 (N.J.S.A. 19:44A-20.26). This law provides that 10 days prior to the award of such a contract, the contractor shall disclose contributions to: 1. any State, county, or municipal committee of a political party 2. any legislative leadership committee* 3. any continuing political committee (a.k.a., political action committee) 4. any candidate committee of a candidate for, or holder of, an elective office: 1. of the public entity awarding the contract 2. of that county in which that public entity is located 3. of another public entity within that county 4. or of a legislative district in which that public entity is located or, when the public entity is a county, of any legislative district which includes all or part of the county. The disclosure must list reportable contributions to any of the committees that exceed $300 per election cycle that were made during the 12 months prior to award of the contract. See N.J.S.A. 19:44A-8 and 19:44A-16 for more details on reportable contributions. N.J.S.A. 19:44A-20.26 itemizes the parties from whom contributions must be disclosed when a business entity is not a natural person. This includes the following: 5. individuals with an “interest” ownership or control of more than 10% of the profits or assets of a business entity or 10% of the stock in the case of a business entity that is a corporation for profit 6. all principals, partners, officers, or directors of the business entity or their spouses 7. any subsidiaries directly or indirectly controlled by the business entity 8. IRS Code Section 527 New Jersey based organizations, directly or indirectly controlled by the business entity and filing as continuing political committees, (PACs). When the business entity is a natural person, “a contribution by that person’s spouse or child, residing therewith, shall be deemed to be a contribution by the business entity.” [N.J.S.A. 19:44A-20.26(b)] The contributor must be listed on the disclosure. Any business entity that fails to comply with the disclosure provisions shall be subject to a fine imposed by ELEC in an amount to be determined by the Commission which may be based upon the amount that the business entity failed to report. The enclosed list of agencies is provided to assist the contractor in identifying those public agencies whose elected official and/or candidate campaign committees are affected by the disclosure requirement. It is the contractor’s responsibility to identify the specific committees to which contributions may have been made and need to be disclosed. The disclosed information may exceed the minimum requirement. The enclosed form, a content-consistent facsimile, or an electronic data file containing the required details (along with a signed cover sheet) may be used as the contractor’s submission and is disclosable to the public under the Open Public Records Act. The contractor must also complete the attached Stockholder Disclosure Certification. This will assist the agency in meeting its obligations under the law. NOTE: This section does not apply to Board of Education contracts. * N.J.S.A. 19:44A-3(s): “The term "legislative leadership committee" means a committee established, authorized to be established, or designated by the President of the Senate, the Minority Leader of the Senate, the Speaker 840 Page 38 of 46 of the General Assembly or the Minority Leader of the General Assembly pursuant to section 16 of P.L.1993, c.65 (C.19:44A-10.1) for the purpose of receiving contributions and making expenditures.” C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM Required Pursuant To N.J.S.A. 19:44A-20.26 This form or its permitted facsimile must be submitted to the local unit no later than 10 days prior to the award of the contract. Part I – Vendor Information Vendor Name: Address: City: State: Zip: The undersigned being authorized to certify, hereby certifies that the submission provided herein represents compliance with the provisions of N.J.S.A. 19:44A-20.26 and as represented by the Instructions accompanying this form. _________________________ ____________________ ____________________ Signature Printed Name Title Part II – Contribution Disclosure Disclosure requirement: Pursuant to N.J.S.A. 19:44A-20.26 this disclosure must include all reportable political contributions (more than $300 per election cycle) over the 12 months prior to submission to the committees of the government entities listed on the form provided by the local unit.  Check here if disclosure is provided in electronic form. Contributor Name Recipient Name Date Dollar Amount $  Check here if the information is continued on subsequent page(s) 841 Page 39 of 46 Continuation Page C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM Required Pursuant To N.J.S.A. 19:44A-20.26 Page ___ of ______ Vendor Name: Contributor Name Recipient Name Date Dollar Amount $  Check here if the information is continued on subsequent page(s) 842 Page 40 of 46 List of Agencies with Elected Officials Required for Political Contribution Disclosure N.J.S.A. 19:44A-20.26 County Name: State: Governor, and Legislative Leadership Committees Legislative District #s: State Senator and two members of the General Assembly per district. County: Freeholders County Clerk Sheriff {County Executive} Surrogate Municipalities (Mayor and members of governing body, regardless of title): USERS SHOULD CREATE THEIR OWN FORM, OR DOWNLOAD FROM WWW.NJ.GOV/DCA/LGS/P2P A COUNTY- BASED, CUSTOMIZABLE FORM. 843 844 Page 42 of 46 PROPOSAL FORM 20: GENERAL TERMS AND CONDITIONS ACCEPTANCE FORM Signature on the Vendor Contract Signature form certifies complete acceptance of the General Terms and Conditions in this solicitation, except as noted below (additional pages may be attached, if necessary). Check one of the following responses to the General Terms and Conditions:  We take no exceptions/deviations to the general terms and conditions (Note: If none are listed below, it is understood that no exceptions/deviations are taken.)  We take the following exceptions/deviations to the general terms and conditions. All exceptions/deviations must be clearly explained. Reference the corresponding general terms and conditions that you are taking exceptions/deviations to. Clearly state if you are adding additions terms and conditions to the general terms and conditions. Provide details on your exceptions/deviations below: (Note: Unacceptable exceptions shall remove your proposal from consideration for award. Region 10 ESC shall be the sole judge on the acceptance of exceptions/deviations and the decision shall be final.) 845 Page 43 of 46 PROPOSAL FORM 21: EQUALIS GROUP ADMINISTRATION AGREEMENT Requirements for Master Agreement To be administered by Equalis Group Attachment A, Equalis Group Administrative Agreement is used in administering Master Agreements with Region 10 and is preferred by Equalis Group. Redlined copies of this agreement should not be submitted with the response. Should a respondent be recommended for award, this agreement will be negotiated and executed between Equalis Group and the respondent. Respondents must select one of the following options for submitting their response. Respondent agrees to all terms and conditions outlined in each of the Administration Agreement. Respondent wishes to negotiate directly with Equalis Group on terms and conditions outlined in the Administration Agreement. Negotiations will commence after sealed Proposals are opened and Region 10 has determined the respondent met all requirements in their response and may be eligible for award. 846 847 848 CC-C024413 ESTABLISHED 1983 1 | Page COMPANY PROFILE Advanced Roofing, Inc. is uniquely positioned to bring the most innovative roofing techniques and products our customers. ARI began in 1983 and has since grown to be South Florida’s premier commercial roofing specialist. We have become a full-service roofing contractor, consisting of: a service department providing repairs and maintenance, metal roofing department, HVAC department, a custom sheet metal fabrication department, crane division, electrical division and solar/renewable energy department. We fully acknowledge and understand the challenges inherent in every roofing project; particularly the specialty work required on occupied buildings. Our extensive experience in roofing occupied government facilities has made us mindful and aware that we must accommodate you in having as little disruption as possible during the roofing process. We are pleased to announce that we have won “The Excelle Protection Award”. We received this honor (in which only 35 out of thousands of contractors received this award in the USA). You can count on ARI to bring over 40 years of impeccable service along with our outstanding safety record throughout every phase of the project. You can expect constant communication, excellent workmanship and superior service from start to finish. Any challenge is an opportunity for us to bring a solution. From the time you sign with us, we’ve got it all covered. When we say we’ll do something, you can swear by it. Established in 1983, Advanced Roofing, Inc. is a full-service commercial roofing company. With “Commitment to Quality” through solving customers’ needs with premium materials and excellent craftsmanship, Advanced Roofing has been named one of the top ten roofing contractors in the United States. Licensed, bonded and insured, Advanced Roofing’s dedication to safety, professionalism, and quality work is signified through the satisfaction of hundreds of customers. Advanced Roofing has your solutions all under one roof. In addition, due to Advanced Roofing’s elite status in the industry, we are able to provide our customers with additional benefits including: •Named #1 Roofing Contractor in South Florida •$150 million Bonding Capacity •Additional Captive Insurance •FPL Approved Contractor •Certified with all major manufacturers •Full Safety Division •In-house Sheet Metal Department, Crane Division, HVAC, Electrical, Lightning Protection, Solar •24/7 Service and Emergency Repairs 849 CC-C024413 ESTABLISHED 1983 2 | Page We offer a wide variety of roof systems to fit your needs, and we are certified by every major material manufacturer to install the highest quality roofing systems with the best warranties. Our goal is to make the roofing process easy and hassle free for you, our customer. Roofing of occupied buildings is a highly technical process. Our experience constantly improves, from protecting the property, documentation, existing conditions, pre-construction, job meetings, code compliance, involving building departments, manufacturers’ representatives, close out and getting other recommendations from you. Our roofing department has over 500 expertly trained Construction Managers, foreman, roofing mechanics and laborers. They are all intensively trained in roofing safety procedures. Our service department handles all major and minor problems that may occur on your roof quickly, efficiently, and at a reasonable cost. With over 500 buildings, totaling over 14 million square feet of roof, under Advanced Roofing’s Proactive Maintenance Agreement, our commitment to service speaks for itself. Advanced Roofing’s dedication to clients has allowed Advanced Roofing to grow, expand, and service the roofing needs of some of Florida’s biggest businesses, government entities, schools, and more. In 1994, Advanced Roofing established DBA Advanced Air Systems to specialize in HVAC new construction, retrofit, unit change outs, service repairs, and maintenance solutions for residential, commercial, industrial, institutional and historical properties throughout Florida. Advanced Air Systems holds a Class A license with services unlimited in the execution of contracts requiring the experience, knowledge, and skill to install, maintain, repair, fabricate, alter, extend, or design central air-conditioning, refrigeration, heating, and ventilating systems. EXISTING TERM CONTRACTS South Area Term Contracts: •Port Everglades Roof Repair, Replacment and Related Services •Palm Beach County Annual Contract-Roofing •Broward College •School District of St. Lucie County (Piggybacking Broward College) •SBBC - Construction Services Emergency Projects VI (CSEP) - 18-171F •Town of Davie (Piggybacking Sourcewell) •Town of Davie - Misc. Roofing Services - R2020-180 •SBBC - Construction Services Minor Projects (CSMP) - FY20-130 - Roofing, GC & Mechanical •School District of Palm Beach County - Roofing Contractor Services for Disaster Recovery Assistance •School District of Palm Beach County- Roofing Products and Services - #20C-45V •Miami Beach - General Building Specialty Trade Services •Town of Palm Beach - Roofing Contractors •Martin County School District - District Wide Roofing Repairs, Gutters, Maintenance & Materials •Lee County County Wide Roofing 850 CC-C024413 ESTABLISHED 1983 3 | Page •School District of Indian River County - Districtwide Roof Repairs & Mainenance Services •Boeing Company - Miami •SBBC - Roofing Services •FAU - Roofing Services •FIU - Small Trade Services II •Lauderhill-Trade Roof Contractors-Prequal •CCPS(Collier County Public Schools) - #19-050 Roofing Inspection & Repair Services •Broward County - Roofing Maintenance & Repairs at Various County Buildings •City of Deerfield Beach - (Piggybacking City of Sunrise) •City of Lauderhill - (Piggybacking Port Everglades) •City of Sunrise - Roofing Maintenance and Repairs •Sourcewell - Southeast Florida Area •City of Miramar - (Piggybacking Port Everglades) •NIPA / RoofConnect •Baptist Health - Emergency Roof Repairs •Baptist Health - Master Agreement •Monroe County School District (Piggybacking Broward College) •City of Vero Beach (Piggybacking City of Sunrise) •Collier County - Roofing Replacement Contractors •Miami Beach - Job Order Contracting Services-Various Trades •City of Fort Lauderdale - (Piggybacking City of Sunrise) •SWA (Solid Waste Authority) •City of Coral Springs - (Piggybacking City of Sunrise) •City of Boynton Beach - (Piggybacking City of Sunrise) •City of Stuart - City Wide Annual Roofing Repair & Replacement •City of Doral - (Piggybacking City of Sunrise) •Miami Dade County Public Schools (MDCPS) Roofing Term Bid Open Market •Seminole Tribe of Florida - Certified Roofing Contractor Services •Miami Dade College - Commercial Roofing Inspections, Repairs, Restoration & Replacemenet Prequal of Contractors •Collier County - Roofing Preventive Maintenance and Remedial Repairs Central & North Area Term Contracts: •FDOT - Routine Maintenance, Repair, Installation and Evaluaiton to Roof Systems at Various Locations on Florida's Turnpike Mainline •Orange County •Volusia County •SDOC - School District of Osceloa County - Roofing Installaiton & Repair Contractor Services •Sourcewell - Southwest Florida Area •Sourcewell - East Central Florida Area •Sourcewell - Northeast Florida Area •Sourcewell - Northwest Florida Area 851 CC-C024413 ESTABLISHED 1983 4 | Page •Orlando Aviation Authority - Continuing Roofing Construction Services •Lake County Roof Repair Services •Hernando County - Construction Projects •Kinder Morgan •City of Bradenton - (Piggybacking City of Sunrise) •Orlando Utilties Commission •Village Center Community Development District - (Piggybacking City of Sunrise) •Village Center Community Development District - (Piggybacking City of Sunrise) •North Sumter County Unitlity Community Development District - (Piggybacking City of Sunrise) •North Sumter County Unitlity Community Development District - (Piggybacking City of Sunrise) •Sumter Landing Community Development District - (Piggybacking City of Sunrise) •Alachua County - Minor Roof Repair Services •AFICC/771 ESS/EGB Wide Roofing Repair and Replacement •University of South Florida - USF •City of Dunedin - (Piggybacking City of Sunrise) •City of Kissimmee - (Piggybacking City of Sunrise) •Pinellas County - Roofing Services & Supplies Waterproofing & Related Products Services •University of Central Florida - UCF •Daytona International Speedway - Roofing Repairs •City of Apopka •Charlotte County - Re-Roofing & Roof Repairs •Punta Groda - (Piggybacking Charlotte County) •City of Deltona Federal Term Contracts: •TCPN(Roof Connect) Private Entity Term Contracts: •Publix Supermarket •Pratt & Whitney •UPS •FPL-CBRE •Memorial Healthcare Systems 852 CC-C024413 ESTABLISHED 1983 5 | Page QUALIFICATIONS OF BIDDER’S KEY PERSONNEL Robert Kornahrens CEO, President Founder of Advanced Roofing Inc. and oversees all company operations. Experience: Rob Kornahrens is a leader in the commercial roofing industry for more than 40 years. Before starting Advanced Roofing in 1983, he worked with Triple M Roofing Corporation in New York. During his tenure at Triple M, Rob held numerous field positions and was eventually promoted to Branch Manager where he was responsible for opening and operating new branches in both Atlanta and Fort Lauderdale. Education: B.S. Degree in Business Administration from University of Arizona, 1979 Michael Kornahrens Vice President Michael joined Advanced Roofing in 1998 and is responsible for overseeing the operations and management of all divisions. Experience: Born into the roofing industry, Michael has held many positions at Advanced Roofing over the past 18 years, including leading the Metal Roofing and Renewable Energy divisions. His responsibilities include developing rooftop and solar designs, coordinating subcontractors, and managing project installations throughout the United States and Canada. Education: B.A. in Management and Marketing, Florida Atlantic University Clint Sockman Vice President Clint joined Advaned Roofing in 1998 and is responsible for oversseing the the Re-Roofing and Renewable Energy Divisions. Experience: A second generation roofer with more than two decades of experience in the roofing, solar, and construction industries. Education: University of Cincinnati, Information Systems minor in International Business. Licenses: Florida State Roofing and Solar Contractors; Certifications: NABCEP, LEED. Member of the American Society of Professional Estimators (ASPE). Constructions Specifications Institute (CSI). 853 CC-C024413 ESTABLISHED 1983 6 | Page Kevin Kornahrens Executive Vice President Started with Advanced Roofing Inc. in 2005 and is responsible for overseeing the operations and management of all divisions. Experience: Mr. Kornahrens leads the administration team for Advanced Roofing Inc. His primary focus is on Human Resources, Safety, Legal, Information Technologies, and Marketing Departments. His responsibilities include management of strategic business planning, staffing, ERP system implementation, public relations and safety. Education: SPHR, Senior Professional in Human Resources. M.B.A. Degree in finance from the University of Miami. B.S. Degree in Management Information Systems, from Florida State University. B.A. Degree in Marketing, from Florida State University. B.A. Degree in Multinational Business from Florida State University. Jessica Kornahrens Senior Project Manager Jessica joined Advanced Roofing Inc. in 2001 and is a Project Manager that oversses multiple projects. Experience: As a Senior Project Manager, Jessica handles the management of multiple projects on time, within budget, and to the satisfaction of the client; from project turnover through project close out. She serves as a liaison to customers, consultants, architects, subcontractors and vendors. Education: B.S. Degree in Psychology, from Florida State University. B.S. Degree in Business Management, from Florida State University. Randy Gibson Business Development Randy joined Advanced Roofing in 2015 and is responsible for business development and sales. Experience: Randy has over 40 years of experience in the roofing industry. Prior to joining Advanced Roofing, Randy held management positions with national roofing contractors, and founded and operated a commercial roofing business for 25 years. Education: Randy has supplemented his extensive commercial roofing experience with on-the-job training in various fields and systems. Additionally, he has taken numerous continuing education courses related to the roofing and construction industry. 854 CC-C024413 ESTABLISHED 1983 7 | Page Paul Murphy HVAC Service Manager Paul joined Advanced Roofing Inc. in 2017 and is the HVAC Service Manager that manages the daily operations of the HVAC division. Experience: Paul has over 18 years of experience in the HVAC experience with 8 years of experience as a service manager. Paul has extensive knowledgeon water cooled systems, chillers and cooling towers. Education: Broward College, Majoring in Business Administration. VFD Certification. Bryan Cardona Safety Director Bryan joined Advaned Roofing in 2013 and is the company wide Safety Director. Experience: Bryan has a decade of experienced in the areas of Occupational Safety and Health Management. Bryan’s goal for Advanced Roofing is to continue being an industry leader in safety while promoting a safety culture and growing OSHA partnerships. Education: OSHA Authorized Construction Trainer, which allows Bryan to implement the OSHA 10 and 30-hour training courses for our field staff. 855 CC-C024413 ESTABLISHED 1983 8 | Page SUPERVISORY & STAFFING CAPABILITIES Advanced Roofing, Inc.'s methodology and approach is unique in its structure because our set up is based on 38 years of real-life experience within the roofing industry. We have the capacity of tailoring our system to the needs of the project regardless of the size and contract requirements. Pre-job planning, documentation and communication are key to our operations. In order to execute the project in a timely, cost-effective and quality manner, we invest quality time with our full team of Estimators, Engineers, Project Managers and Construction Team prior to commencement of all our field operations; again regardless of the size of the project. The typical size of our crew is 8-10 men, this can vary as required per project. Our pre-project planning process is quite extensive. The entire team must understand all phases of the project in order to maintain an efficient line of communication throughout the project. Each member is provided with a project binder with includes the following information: •Contact Names and Numbers •Emergency Procedures •Scope of Work, Project Plans/Specifications •Material Listing, MSDS Sheets •Project Schedule •Permit Information Our Project Team assembles once a week or as needed to discuss project status and if necessary, effect any changes that may be required to maintain efficiency and schedule. Each member is equipped with Nextel radios and cellular phones with email access to maintain communication at all times. Training of our field and office personnel is ongoing and is accomplished through on-site hands- on training classes provided by the various manufacturers we are approved by. The field staff and apprentices go through a three year training program The President and Vice President attended a TQM class developed by the National Roofing Contractors Association through the University of Chicago Business College. Our Executive Management Team meets twice a month with a two hour “huddle” meeting and once a month for an all day executive meeting off site. Advanced Roofing, Inc. also has a full fleet that consists of dump trucks, cranes, boom trucks, flat beds, kettles, and more. By offering these services in-house, we’re able to provide our customers more for their money. And that’s one of our professional solutions. We use various computer based applications for tracking a project form the inception of the project to its completion. We have developed our in-house software “RFP Manager” for tracking all in-coming projects. We also utilize Roof Express, CAD Program, Spitfire Project Management Software, and Solomon Accounting Software. 856 CC-C024413 ESTABLISHED 1983 9 | Page SUBCONTRACTORS Advanced Roofing, Inc. does not routinely utilize subcontractors. Over the past 38 years, Advanced Roofing, Inc. has put money back into the company and community. •We have our own fleet of vehicles that include trucks, cranes, semi-tractor trailers, hydro, tower crane, equipment and dump trucks to haul our roofing debris. This allows Advanced Roofing, Inc. the control of having trailers at our disposal when we need them and therefore allows for a smoother project. •We also have our own state-licensed Air Conditioning Division – This allows us to coordinate the shutdown and raising of the air conditioning units on the roof. •We also have our own state-licensed Electrical Division – This allows which allows us to handle the electrical needs for roofing and solar projects. •Lightning Protection Division •In-house Sheet Metal Division – where we fabricate our own metal. •We are a licensed General Contractor – which allows us to handle small contracting items on the roof. •Certified Solar/PV system installer for renewable energy projects. When a project calls for subcontractors to perform work that we are not licensed to perform, qualified subcontractors which are most competent and ready to complete the necessary to meet schedule will be selected. *Advanced Roofing, Inc. actively participates in minority and/or small disadvantaged business contracting and utilize whenever possible. 857 CC-C024413 ESTABLISHED 1983 www.advancedroofing.com 800 638.6869 TEL 954.522.6868 FAX 954.566.2967 1950 NW 22nd Street | Fort Lauderdale| Florida 33311 SBE/MBE/WBE Participation Plan Advanced Roofing actively participates in meeting or surpassing the percentage goals of the SBE/MBE/WBE programs. We are committed to having strong working relationships with certified SBE/MBE/WBE contractors. With over 30 term contracts established with clients we have been serving for over three decades, Advanced Roofing, Inc. makes every effort to incorporate small, minority or women-owned businesses in our construction plan. As a result of our excellent working relationship with a sizeable pool of licensed and approved SBE/MBE/WBE contractors throughout the state, Advanced Roofing is able to call on these contractors as needed. Just as we provide our services on time and on budget, we expect the same performance from our SBE/MBE/WBE contractors. If a SBE/MBE/WBE contractor is needed that we have not previously worked with we will put an ad in the newspaper soliciting the work, research which contractors are available for the work needed in the certified directory and make the necessary phone calls/emails to solicit, invite and encourage SBE/MBE/WBE participation as well as giving assistance if needed in reviewing the contract plans and specifications and assisting any interested SBE/MBE/WBE firms in obtaining required bonding, lines of credit, or insurance if such assistance is necessary. When a project calls for subcontractors to perform work that we are not licensed to perform, qualified subcontractors which are most competent and ready to complete the necessary to meet schedule will be selected. Listed below are a few of the minority contractors we have a working relationship with; Plumbing Contractor CV Ocean Plumbing, Inc. Hispanic-American S/MBE 10651 NW 132nd St., Hialeah Gardens, FL 33018 (305) 558-4624 - Eddilyn Leiro ernicaballero@hotmail.com Material Supplier Concrete Solutions Group, LLC Asian-Pacific American S/M/WBE 8469 NW 44th Ct., Coral Springs, FL 33065 (954) 401-4872 - Eliza Chan echan316@yahoo.com Material Supplier (Soprema) Trintec Construction, Inc. dba Icon Roofing White Female S/MBE 13091 NW 43rd Ave. Opa-Locka, FL 33054 (305) 685-3001 – Petulia Schvartz pschvartz@trintecinc.com 858 CC-C024413 ESTABLISHED 1983 www.advancedroofing.com 800 638.6869 TEL 954.522.6868 FAX 954.566.2967 1950 NW 22nd Street | Fort Lauderdale| Florida 33311 Sheet Metal Duval Sheet Metal, Inc. African-American M/WBE 2200 4TH Ave. N., Suite 7, Lake Worth, FL 33461 P: 561-547-5282 F: 561-547-9594 C: 561-371-2015 – Daniela Duval daniela@duvalsheetmetal.com Roofing Contractor/Construction Services A. Herrmann Associates, Inc. dba Associates Roofing CBE/SBE 2351 Thomas St. Hollywood, FL 33020 P: (954) 921-4096 F: (954) 921-1371 - Art Herrmann info@associatesroofing.com Construction Services Renco Development, Inc. African-American E/S/MBE 3025 SW 189th Ave. Miramar, FL 33029 P: (954) 993-2039 - Kwame Wilson info@rencodevelopment.com Interior Protection We Pro Tec, LLC WBE 7300 West McNab Rd., Suite 111 Tamarac, FL 33321 P: (754) 484-7110 C: (954) 740-4700 - Marie Hinkson marie@wepro-tec.com Mechanical/Equipment Supplier Kwik Kool Air Conditioning, Inc. Hispanic-American E/S/M/WBE 14024 SW 140th St., Miami, FL 33186 (305) 251-1125 - Gloria Diaz-Carney gdc@mcarney.com 859 CC-C024413 ESTABLISHED 1983 www.advancedroofing.com 800 638.6869 TEL 954.522.6868 FAX 954.566.2967 1950 NW 22nd Street | Fort Lauderdale| Florida 33311 PERSONAL RESUME Robert Kornahrens CEO, President Founder of Advanced Roofing Inc. and oversees all company operations. EXPERIENCE Rob Kornahrens is a leader in the commercial roofing industry for more than 40 years. Before starting Advanced Roofing in 1983, he worked with Triple M Roofing Corporation in New York. During his tenure at Triple M, Rob held numerous field positions and was eventually promoted to Branch Manager where he was responsible for opening and operating new branches in both Atlanta and Fort Lauderdale. EDUCATION B.S. Degree in Business Administration from University of Arizona, 1979 ASSOCIATIONS The Executive Association of Fort Lauderdale- Past President WinterFest Board of Directors-Chairman Construction Executive Association- Past President Broward Workshop RoofConnect founding Member/ Chairman of the S.W.A.T. Team NRCA – National Roofing Contractors Assocation Center for Environmental Invention in Roofing Board Member TEC Group -12 year member FRSA – Florida Roofing & Sheet Metal Association RCASF LICENSES Roofing Contractor #CCC024413 General Contractor #CGC1507377 860 CC-C024413 ESTABLISHED 1983 PERSONAL RESUME www.advancedroofing.com 800 638.6869 TEL 954.522.6868 FAX 954.566.2967 1950 NW 22nd Street | Fort Lauderdale| Florida 33311 Michael W. Kornahrens Vice President of Advanced Roofing & President of Advanced Green Technologies EXPERIENCE Advanced Roofing, Inc. Executive Vice President 2015-Present Advanced Roofing is ranked as the largest commercial re-roofing company in Florida and top 10 in North America by Roofing Contractor Magazine. Michael managed large-scale commercial re- roofing projects and is responsible for all aspects of ARI’s daily business including business development, design and engineering, product selection, overseeing project management staff, and high level operations supervision and directions. Advanced Green Technologies President: 2008-Present As Co- Founder and President of Advanced Green Technologies, Michael Kornahrens develops and implements strategies, relationships and standards for the organization in the United States and Canada. His experience includes developing solar rooftop and ground mounted designs, coordinating subcontractors, and managing solar system installations. To date, Michael is responsible for successfully completing more than 250 Megawatts of renewable energy projects in North America and the Caribbean, and is a driving force behind why Solar Builder Magazine has chosen Advanced Green Technologies as a Top Solar Contractor in North America 2012-15. EDUACATION •B.S. Degree in Business Administration from Florida Atlantic University •Florida Roofing Contractor License 861 CC-C024413 ESTABLISHED 1983 www.advancedroofing.com 800 638.6869 TEL 954.522.6868 FAX 954.566.2967 1950 NW 22nd Street | Fort Lauderdale| Florida 33311 PERSONAL RESUME Clinton A. Sockman, CSI, CDT Vice President of Business Development & Renewable Energy Clint joined Advanced Roofing in June 2004 as an Estimator and Project Manager. Through his extensive knowledge and expertise in solar photovoltaic roof systems, he was promoted to Vice President of Renewable Energy and oversees all of our solar projects. Mr. Sockman is responsible for all aspects of ARE’s daily business including business development, design and engineering, product selection, overseeing project management staff, and high level operations supervision and directions. EXPERIENCE Over 15 years in commercial, industrial and government related roofing industry. Coming from a strong commercial roofing background Mr. Sockman brings over twelve (12) million square feet of successful commercial roofing project experience and over three (3) megawatts (mW) of successful photovoltaic installation experience valued at over $70M dollars to the Advanced Renewable Energies team. EDUCATION University of Cincinnati, Information Systems with minor in International Business LICENSES •State of Florida Certified Solar Contractor: CVC56792 •State of Florida Certified Roofing Contractor: CCC1329557 •State of Florida Certified General Contractor License # CGC1521128 •NABCEP License #PV-101913-002781 ACCREDITATIONS North American Board of Certified Energy Practitioners (NABCEP) Certified Installer Occupational Safety and Health Administration (OSHA) 30 HR Certified Construction Specifications Institute Construction Documents Technologist (CDT) American Society of Professional Estimators Solar Energy International – Solar Electric Grid Direct Design Baker Communications: Win-Win Negotiations for Purchasing Foster Learning: Working Sales and Management Series Center for Customer Focus: Dynamics of Customer Focus 862 CC-C024413 ESTABLISHED 1983 PERSONAL RESUME www.advancedroofing.com 800 638.6869 TEL 954.522.6868 FAX 954.566.2967 1950 NW 22nd Street | Fort Lauderdale| Florida 33311 David M. Baytosh Vice President of Construction Division David joined Advanced Roofing, Inc. in 2004 as a Construction Manager making his way up to the Vice President of our Construction Division. David is in charge of the production, quality control and safe operation of the roofing, sheet metal, logistics, fleet and warehouse division. EXPERIENCE David has over 30 years in commercial and industrial roofing industry. He began his roofing career with a home improvement company installing shingles in 1986. Next, he joined a large commercial and industrial roofing company based in Youngstown, Ohio where he began as a roofing apprentice and worked his way up to a project supervisor prior to joining Advanced Roofing, Inc., Versatile in numerous roofing systems, David is also knowledgeable of their respective manufacturer specifications. EDUCATION • Youngstown State University, Youngstown, Ohio – Undergraduate Curriculum / 2 Years • Graduate Ursuline Catholic High School, Youngstown, Ohio • 30 Hours OSHA card • 10 Hours OSHA card • Safety Trainings for Fall Protection, Forklift & Mobile Crane Safety Training, NRCA CERTA Torch Application Course, Asbestos Removal, Hazard Communication, National Council CPR and First Aid. • Apprentice Program for the International Roofers, Waterproofers and Allied Workers Roofers Union 1990 - Present • Dale Carnegie Leadership Training for Managers, Registered installer – AGT Unisolar PV Panels TOP FIVE JOBS 1. School Board of Broward County / Various Schools totaling over 1,400,000 SF Contact: Meghan Gallagher, Project Manager II 2. Palm Springs Mile Shopping Center totaling over 650,000 SF Contact: Diana Marrone, Senior Vice President 3. Sun-Sentinel Newspaper totaling over 250,000 SF Contact: Daniel Reynolds, G. & E. Enterprises, Inc., President 4. Miami Herald Newspaper totaling over 105,000 SF Contact: Gus Perez, Director of Operations & Facilities 5. Miami International Commerce Center totaling over 780,000 SF Contact: Van L. Antle, Adler Management Services, Inc. Property Manager 863 CC-C024413 ESTABLISHED 1983 www.advancedroofing.com 800 638.6869 TEL 954.522.6868 FAX 954.566.2967 1950 NW 22nd Street | Fort Lauderdale| Florida 33311 PERSONAL RESUME Glenn Watson Quality Control Manager Glenn works with our existing operation unit and divisional managers to create and administer a formalized quality control and quality assurance program along with enhanced training and educational programs for existing workforce. Focus of efforts is to provide unified and high quality product to client throughout our entire books of business. PAST EXPERIENCE Senior Technical Representative – Johns Manville – Worked with contractor, owner, architect, consultants, attorneys. Performing routine inspections of ongoing roofing installation projects throughout the United States, the Caribbean, and parts of Europe. Focus of inspection was specification conformance and workmanship quality. Also provided contractor training and product demonstration throughout the country. Facility Coordinator - Duval County School Board – responsible for waterproofing and re-roofing construction and maintenance for 177 facilities throughout the district. Performed and hired out third party evaluations and construction / maintenance efforts of facilities cataloging levels of need for efficient and impactful spending of limited resources to maintain facility roofing and waterproofing in order to meet state and national standards. EDUCATION High School Diploma - Baker County High School Florida State College at Jacksonville Under graduate University of Phoenix AA Business Administration CERTIFICATIONS •NRCA Pro-Certification Instructor and Assessor •NRCA CERTA Instructor •NCCER Core Curriculum Instructor •OSHA 10 864 CC-C024413 ESTABLISHED 1983 www.advancedroofing.com 800 638.6869 TEL 954.522.6868 FAX 954.566.2967 1950 NW 22nd Street | Fort Lauderdale| Florida 33311 PERSONAL RESUME Jessica Kornahrens Project Manager Jessica joined Advanced Roofing, Inc. in 2001. As a Project Manager, Jessica handles the management of multiple projects on time, within budget, and to the satisfaction of the client; from project turnover through project close out. She serves as a liaison to customers, consultants, architects, subcontractors and vendors. Secures all required Engineering and permitting; prepares submittals; negotiates, selects and coordinates subcontractors; orders materials; creates project books; administers job hand-off with Construction Managers; schedules and attends pre-construction meeting; reviews weekly job budgets and forecasts accordingly; prepares billings and change orders; and arranges warranty and close out documentation. EXPERIENCE During her tenure at Advanced she has held numerous positions in many areas of the company. She has learned all aspects of the business by starting out as a Receptionist, and working up to Office Manager and Contract Administrator. In 2006, Jessica was promoted to Project Manager and also became a State Certified Roofing Contractor. She also is the Qualifier for Advanced Roofing in the State North Carolina and Virginia. EDUCATION •Bachelor of Science Degrees in Business Management & Psychology, Florida State University, Tallahassee, FL •High School Diploma, Cardinal Gibbons High School, Fort Lauderdale, FL •Florida Certified Roofing Contractor License # CCC1328111 •North Carolina General Contracting (Roofing Classification) License # 66223 TOP FIVE ROOFING JOBS 1.Westin Diplomat - 174,500 square feet Contact: Sharon Zamjoski, R.A., NCARB, Capital Projects Manager 2.School Board of Broward County – 13 Schools totaling over 773,000 square feet Contact: Meghan Gallagher, SBBC Project Manager I 3.Miami International Airport - Various Projects Contact: Tom Hart, Miami Dade Aviation Department, Project Manager II 4.U.S. Citizenship and Immigration Services, West Palm Beach Office – 37,900 square feet Contact: Chad Moss, Moss Construction, Senior Vice President 5.Kenland Walk IV Condominium Building 3 - 18,500 square feet Contact: Marina Paez, Secretary of the Board 865 CC-C024413 ESTABLISHED 1983 www.advancedroofing.com 800 638.6869 TEL 954.522.6868 FAX 954.566.2967 1950 NW 22nd Street | Fort Lauderdale| Florida 33311 PERSONAL RESUME Bryan Cardona Corporate Safety Director EXPERIENCE Bi-lingual and award winning safety professional with 13 years of construction and risk management experience with a strong foundation in managing insurance related risks, loss control, mitigating loss, and well versed in various aspects of regulatory compliance specializing in occupational health & safety, and program development. Strengths include: Health and safety program development OSHA compliance Bi-Lingual (English and Spanish) Safety Training Claims management (WC/GL/AL) Owner and Contractor Controlled Insurance Programs Regulatory Compliance Assessments Accident Investigations ADVANCED ROOFING, INC. 2013-Present Safety Director Responsible for the development and implementation of the corporate health and safety program for a nationally recognized commercial roofing company with over 400 employees and six locations throughout the state of Florida Exceeded annual Advanced Roofing health and safety goals to achieve an annual reduction in total recordable incident rates: •TRIR 6.9 (2013) to TRIR 1.71 (2017) – BLS TRIR 5.6 (2016) EMR reduced by 40% •1.02 (2013) to 0.56 (2018) Company representative for safety and health regulatory compliance local and federal (OSHA) Created and implemented a mandatory 4-hour new hire safety orientation Trained, managed and mentored company safety coordinators. Currently employing four safety coordinators that are responsible for the following •Jobsite Safety Evaluations •Preconstruction safety walkthrough 866 CC-C024413 ESTABLISHED 1983 PERSONAL RESUME www.advancedroofing.com 800 638.6869 TEL 954.522.6868 FAX 954.566.2967 1950 NW 22nd Street | Fort Lauderdale| Florida 33311 Steve Schoen Director of Government Services Steve joined Advanced Roofing in 2019 and is responsible for overseeing all Governmental Term-Contracts and current National Cooperative Procurement Contracts along with Government Sector Business Development. EXPERIENCE Steve has over 30 years of commercial roofing experience which started in 1982 to support his educational goals and later lead to a long career as an independent roof consultant. He has worked with large companies and governmental clients throughout North America and is an expert in Roof Asset Management and Commercial Roof Design. EDUACATION • B.S. in Organizational Communications with a minor in Business Administration, University of Wisconsin, 1987Florida Roofing Contractor License 867 CC-C024413 ESTABLISHED 1983 www.advancedroofing.com 800 638.6869 TEL 954.522.6868 FAX 954.566.2967 1950 NW 22nd Street | Fort Lauderdale| Florida 33311 •Site specific safety planning •Accident investigation and reporting •Safety training - Orientation, Fall Protection, LOTO, Forklift, Aerial lift and platforms, CPR/First aid/AED, PPE safety, HAZCOM-GHS, Ladder safety, Defensive Driving Course DDC4, Respirable Crystalline Silica Provide project specific safety guidance to Estimators, Project Managers and Construction Managers Track and record incidents with the purpose of creating a bi-monthly safety analysis that includes current and possible future trends Conduct a bi-monthly safety committee meeting with the goal of creating and implementing proactive safety measures to reduce exposures to hazards for our employees and clients Founding member of the driver safety committee; tasked with setting performance goals, accident review, enhancements, disciplinary actions and safety education CERTIFICATIONS & AWARDS Authorized OSHA 500 Construction Bi-Lingual Instructor Authorized OSHA 501 General Industry Bi-Lingual Instructor Associated General Contractors of America: Advanced Safety Management Certificate National Roofing Contractors Association: CERTA Instructor Roofing Torch Application EMS CPR/First Aid/AED Adult & Child Instructor Qualified Rigger and Signal Person Competent Person: •Scaffold erecting •Ladders •Excavations and trenching •Respirable Crystalline Silica FRSA Asbestos Competent Person 2017 Construction Association of South Florida Safety Professional of the Year 868 869 870 January 1, 2024 RE: ADVANCED ROOFING INC. (ARI) - Risk Management/Insurance Protection We are the risk advisor for Advanced Roofing, Inc. The purpose of our correspondence is to share with you some of the highlights of the Advanced Roofing risk management programs. We will be sharing with you some details of the protection Advanced Roofing, Inc. provides to their clients to protect your assets. ARI has achieved an A+ superior risk management rating due to their strict risk and job safety quality controls. ➢RECOGNITION BY INSURER – AXA XL is the Insurance Provider for ARI for several key components of their Insurance Portfolio. AXA XL is the insurance provider of choice for several of the Top 25 Roofing Professionals throughout the country. AXA XL recognizes Advanced Roofing as a “best in class” contractor for ARI’s performance record relative to safety, controlling losses and quality controls. ➢ARI CLIENTS’ ASSET PROTECTION - ARI has a $12M (Auto)/$14M (GL) aggregate limit of insurance protection per accident/incident in the event of a bodily injury or property damage claim that may occur on a jobsite or while ARI operates an automobile on the jobsite. ➢ARI’s exceptional workers’ compensation experience modification rating of .69 allows them to secure reduced insurance rates which, in turn, translates into savings for you, their clients. This .69 rating is 31 points better than the average roofing contractor, and places ARI in the top 2 percentile of Roofing Professionals, nationwide, from a performance rating perspective. Advanced Roofing, Inc. has a full-time safety director, an assistant safety director (CHST designation from BCSP), three safety professionals who are assigned to the different regions of the state, 8 active CERTA trainers, two safety professionals who are CPR/First Aid/AED Trainers, and a risk manager that aggressively manages their internal, as well as managing their clients’ risk during their construction projects. Advanced Roofing, Inc. believes deeply in educating and training their roofing mechanics to deliver the quality and workmanship your roofing asset deserves. The ARI training program separates them from many other roofing professionals. This past year alone, Advanced Roofing, Inc. has conducted the following training programs: Robert P. Foote, President Frank H. Furman, Inc. 1314 E. Atlantic Blvd. Pompano Beach, FL. 33060 Main: 954.943.5050 Toll Free 800.344.4838 Mobile: 954.609.0820 Rob@furmaninsurance.com 871 P a g e | 2 Commercial & Personal Insurance  Employee Benefits  Risk Management  OSHA Compliance ➢Employees have received the OSHA 10-hour training to promote safety competency. ➢Foremen and Construction Managers have received the OSHA 30-Hour training. ➢Employees have been trained in Certified Roofing Torch Applicators (CERTA). ➢Foremen and Managers have completed Respirable Crystalline Silica OSHA training. ➢Foremen, leadmen, and supervisors have received Mobile Elevated Working Platforms training. ➢Foremen and leadmen received Crane Rigging and Signaling OSHA certification. ➢Foremen and Construction Managers received certification in first aid and CPR. ➢557 safety inspections with an 86% success rate. ➢All approved drivers have attended the National Safety Council Defensive Driving Course. ➢ARI Safety Department conducts new hire safety training at 7 a.m. Mondays and Thursdays every week. ➢GENERAL LIABILITY PROTECTION – $2M Per Occurrence/$4M General Aggregate/$4M Products and Completed Operations Aggregate. Advanced Roofing has the following protection included in their general liability portfolio of protection: o Habitational/Residential – Including Multi-Family o Torch Coverage o “Hot” Applied Roof System Coverage o Unlimited Building Height Protection o Water Damage Coverage ➢AUTOMOBILE PROTECTION – ARI has an occurrence limit on the commercial automobile protection of $12M in the event there is a covered bodily injury or property damage on your jo b site stemming from Advanced Roofing’s operations. (Carrier A + Superior rated A.M. Best Co.) ➢COMMERCIAL UMBRELLA – Advanced Roofing has a $10M limit of liability. (Starr Indemnity & Liability Company is A.M. Best rated A Excellent). Their umbrella provides protection above their underlying general liability and auto protection. ➢INSTALLATION FLOATER – BUILDERS’ RISK – ARI has secured $5.5M in protection for certain stored materials that are to be installed on your job site, with a $15M aggregate. This protection reduces the economic loss to you, the owner of the project, during the course of construction. ➢MOLD/POLLUTION LIABILITY PROTECTION – ARI has secured $2M limits per claim/$2M Aggregate of liability to protect you, the owner, in the event that there is a covered caus e of loss stemming from mold, algae, fungi, etc. as a result of the roofing operations of ARI. This highly specialized coverage illustrates to you, the owner, that ARI is serious about protecting your assets during the course of the construction project. ➢THEFT – ARI’s Crime Policy includes Theft of Client Property While on the Client Property in the amount of $500,000 and includes money, securities, or other tangible property. ➢EMPLOYMENT PRACTICES LIABILITY – ARI’s $1M Employment Practices Liability Policy includes Third Party Coverage, affording coverage should ARI customers claim wrongful conduct. 872 P a g e | 3 Commercial & Personal Insurance  Employee Benefits  Risk Management  OSHA Compliance ➢CYBER LIABILITY – ARI has Cyber Theft for any ARI customer whose company or personal information is stolen or damaged through a hack on ARI’s system, with limits of $1M. When you are investing in a roofing system, we encourage you to explore deeper than what is the cost of the roof. Advanced Roofing’s commitment to quality and the experience they deliver places them at the top of the roofing profession. ARI is recognized for their industry accomplishments as well as for reinvesting back to the community and environment. Experience Does Matter! Whether it be service, maintenance, new construction, re-roofing, repairs, or retro-fit, ARI has a solid portfolio of insurance protection in order to responsibly protect your project’s building assets Sincerely, Robert P. Foote, President CPCU, ARM, AIM, CRIS, AFSB RF:mr 873 Robert P. Foote, President Frank H. Furman, Inc. 1314 E. Atlantic Blvd. Pompano Beach, FL. 33060 Main: 954.943.5050 Toll Free 800.344.4838 Mobile: 954.609.0820 Rob@furmaninsurance.com December 12, 2023 Advanced Roofing Inc. 1950 NW 22 Street Ft. Lauderdale, FL 33311 To Whom It May Concern: As the insurance advisors for Advanced Roofing, Inc., we submit this letter of confirmation of three years’ Workers’ Compensation Experience Modification Rates: POLICY TERM NCCI RATING 1/1/2024 .69 1/1/2023 .58 1/1/2022 .63 If additional information required, please contact Mel Rhinehardt, Account Manager at 954-943-5050 ext. 207, or email at mel@furmaninsurance.com Sincerely, Robert P. Foote, CPCU, ARM, AIM, CRIS, AFSB President rob@furmaninsurance.com Commercial & Personal Insurance | Employee Benefits | Risk Management | OSHA Compliance 874 Atlantic Specialty Insurance Company 605 Highway 169 N, Suite 800 Plymouth, MN 55441 January 2, 2024 RE: Advanced Roofing, Inc. Letter of Bondability To Whom It May Concern: Advanced Roofing, Inc. is a highly regarded and valued client of American Global and Atlantic Specialty Insurance Company and is capable of providing Performance and Payment Bonds in the amount of $40 million for any single contract and $150 million in the aggregate. Atlantic Specialty Insurance Company is rated by AM Best as A+ (Superior), Class XV and is licensed to do business in all 50 States. Naturally, we would expect that the execution of any final bonds would be subject to our normal underwriting review of the final contract terms and conditions by our client and ourselves. If we can provide any further assurances or assistance, please do not hesitate to call upon us. This letter does not constitute an assumption of liability, and we assume no liability to you or to any third parties by the issuance of this letter. Sincerely, William Grefe Griffin Attorney In Fact American Global, LLC 900 South Pine Island Road, Suite 210 Plantation, FL 33324 875 876 877 878 879 880 881 882 883 884 885 886 887 888 889 890 891 892 893 894 895 896 897 898 899 900 901 902 903 904 905 906 907 908 909 910 911 912 913 914 915 916 917 918 919 920 921 922 923 924 925 926 927 928 929 930 931 932 933 934 June 19, 2024 Advanced Roofing, Inc. Michael Kornahrens, Executive Vice President/Managing Partner 1950 NW 22nd St. Fort Lauderdale, FL 33311 Re: RFP # R10-1166 Job Order Contracting (JOC) Dear Mr. Kornahrens: Congratulations! The Education Service Center Region 10 Board of Directors met on Wednesday, June 19, 2024 and awarded RFP # R10-1166 Job Order Contracting (JOC) to Advanced Roofing, Inc. Your contract number will be R10-1166A. This contract will become effective on July 1, 2024 and will have an initial term of two (2) years with three (3) optional one year renewals. Thank you for submitting your response. We look forward to working with you. Regards, Clint Pechacek Purchasing Consultant 935 Equalis Group Contract Information Sheet Contract Information Awarded Vendor: Advanced Roofing, Inc. Contract Number: R10-1166A Effective Date: July 1, 2024 Initial Term Expiration Date: June 30, 2027 Renewable Through: June 30, 2029 Please note: Any renewal letters issued will be posted publicly on the vendor’s landing page at equalisgroup.org. RFP Process Information RFP Number: RFP R10-1166 RFP Title: Job Order Contracting (JOC) Dates Advertised: March 28 & April 4, 2024 # of Vendors that Requested RFP: 72 Questions Due: April 18, 2023 Public Bid Opening Date and Time: April 26, 2024, 2:00 pm CT # of Responses Submitted: 14 Number of Awarded Vendors: 5 Date of Board Approval: June 19, 2024 Evaluation Criteria, as Set Forth in the RFP Products and Pricing 30 pts Performance Capability 25 pts Qualifications and Experience 25 pts MWBE Status/Programs 10 pts Commitment to Members 10 pts Justification for Award to Multiple Respondents 1) Region 10 ESC stated clearly in the RFP that multiple vendors could be awarded if multiple awards were determined to be in the best interest of Region 10 and EdTech members. 2) The evaluation committee determined that multiple awards were necessary to cover as much geographical area as possible for the national Equalis Group membership while limiting awards to only the number of awardees deemed to be competitive and advantageous for the membership. Any information designated by the vendor as proprietary has been redacted from the contract document that is posted publicly. For any questions regarding this process or this contract, please contact Clint Pechacek, Purchasing Consultant, at clint.pechacek@region10.org, or 972-348-1184. 936 Page 3 of 34 SECTION THREE: PART A – VENDOR CONTRACT AND GENERAL TERMS AND CONDITIONS VENDOR CONTRACT AND SIGNATURE FORM This Vendor Contract and Signature Form (“Contract”) is made as of July 1, 2024, by and between (“Vendor”) and Region 10 Education Service Center (“Region 10 ESC”) for the purchase of Job Order Contracting (“the products and services”). RECITALS WHEREAS, both parties agree and understand that the following pages will constitute the contract between the successful vendor(s) and Region 10 ESC, having its principal place of business at Education Service Center, Region 10, 400 E Spring Valley Rd, Richardson, TX 75081 WHEREAS, Vendor agrees to include, in writing, any required exceptions or deviations from these terms, conditions, and specifications; and it is further understood that if agreed to by Region 10 ESC, said exceptions or deviations will be incorporated into the final contract “Vendor Contract.” WHEREAS, this contract consists of the provisions set forth below, including provisions of all attachments referenced herein. In the event of a conflict between the provisions set forth below and those contained in any attachment, the provisions set forth below shall control. WHEREAS, the Vendor Contract will provide that any state, county, special district, local government, school district, private K-12 school, technical or vocational school, higher education institution (including community colleges, colleges and universities, both public and private), other government agencies or non-profit organization may purchase products and services at prices indicated in the Vendor Contract upon registering and becoming a Member with Region 10 ESC; and it being further understood that Region 10 ESC shall act as the Lead Public Agency with respect to all such purchase agreements. This process may be referred to as “piggybacking”, “cooperative purchasing”, “joint powers”, or other terminology depending on the specific state or agency location. WHEREAS, Equalis Group has the administrative and legal capacity to administer purchases on behalf of Region 10 ESC under the Vendor Contract with participating public agencies and entities, as permitted by applicable law. 1. ARTICLE 1 – GENERAL TERMS AND CONDITIONS 1.1 Equalis Group shall be afforded all of the rights, privileges and indemnifications afforded to Region 10 ESC under the Vendor Contract, and such rights, privileges and indemnifications shall accrue and apply with equal effect to Equalis Group, including, without limitation, Vendor’s obligation to provide insurance and other indemnifications to Lead Public Agency. 1.2 Awarded vendor shall perform all duties, responsibilities and obligations, set forth in this agreement, and required under the Vendor Contract. 1.3 Equalis Group shall perform its duties, responsibilities and obligations as administrator of purchases, set forth in this agreement, and required under the Vendor Contract. Advanced Roofing Inc. 937 Page 4 of 32 1.4 Customer Support: The vendor shall provide timely and accurate technical advice and sales support to Region 10 ESC staff, Equalis Group staff and participating agencies. The vendor shall respond to such requests within one (1) working day after receipt of the request. 2. ARTICLE 2 – ANTICIPATED TERM OF AGREEMENT 2.1 Term: The term of the Contract shall commence upon award and shall remain in effect for a period of three (3) years, unless terminated, canceled or extended as otherwise provided herein. The Contractor agrees that Region 10 ESC shall have the right, at its sole option, to renew the Contract for two (2) additional one-year periods or portions thereof. In the event that Region 10 ESC exercises such rights, all terms, conditions and provisions of the original Contract shall remain the same and apply during the renewal period with the possible exception of price and minor scope additions and/or deletions. 2.2 Automatic Renewal: Renewal will take place automatically for one (1) year unless Region 10 ESC gives written notice to the awarded supplier at least ninety (90) days prior to the expiration. 3. ARTICLE 3 – REPRESENTATIONS AND COVENANTS 3.1 Scope: This contract is based on the need to provide the economic benefits of volume purchasing and reduction in administrative costs through cooperative purchasing to schools and other Members. 3.2 Compliance: Cooperative Purchasing Agreements between Equalis Group and its Members have been established under state procurement law. 3.3 Vendor’s promise: Vendor agrees all prices, terms, warranties, and benefits granted by Vendor to Members through this contract are comparable to or better than the equivalent terms offered by Vendor to any present customer meeting the same qualifications or requirements. 4. ARTICLE 4 – FORMATION OF CONTRACT 4.1 Vendor contract documents: Region 10 ESC will review proposed Vendor contract documents. Vendor’s contract document shall not become part of Region 10 ESC’s contract with vendor unless and until an authorized representative of Region 10 ESC reviews and approves it. 4.2 Form of contract: The form of contract for this solicitation shall be the Request for Proposal, the awarded proposal(s) to the lowest responsible respondent(s), and properly issued and reviewed purchase orders referencing the requirements of the Request for Proposal. If a vendor submitting a proposal requires Region 10 ESC and/or Member to sign an additional agreement, a copy of the proposed agreement must be included with the proposal. 4.3 Entire Agreement (Parol evidence): The contract, as specified above, represents the final written expression of agreement. All agreements are contained herein and no other agreements or representations that materially alter it are acceptable. 4.4 Assignment of Contract: No assignment of contract may be made without the prior written approval of Region 10 ESC. Purchase orders and payment can only be made to awarded vendor unless otherwise approved by Region 10 ESC. Awarded vendor is required to notify Region 10 ESC when any material change in operations is made that may adversely affect Members (i.e. awarded vendor bankruptcy, change of ownership, merger, etc.). 4.5 Contract Alterations: No alterations to the terms of this contract shall be valid or binding unless authorized and signed with a “wet signature” by a Region 10 ESC staff member. 4.6 Order of precedence: In the event of a conflict in the provisions of the contract as accepted by Region 10 ESC, the following order of precedence shall prevail: 938 Page 5 of 32 • General terms and conditions • Specifications and scope of work • Attachments and exhibits • Documents referenced or included in the solicitation 4.7 Supplemental Agreements: The entity participating in the Region 10 ESC contract and awarded vendor may enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in this contract i.e. invoice requirements, ordering requirements, specialized delivery, etc. Any supplemental agreement developed as a result of this contract is exclusively between the participating entity and awarded vendor. Neither Region 10 ESC, Equalis Group, its agents, Members and employees shall be made party to any claim for breach of such agreement. 5. ARTICLE 5 – TERMINATION OF CONTRACT 5.1 Cancellation for cause: If, for any reason, the Vendor fails to fulfill its obligation in a timely manner, or if the vendor violates any of the covenants, agreements, or stipulations of this contract, Region 10 ESC reserves the right to terminate the contract immediately and pursue all other applicable remedies afforded by law. Such termination shall be effective by delivery of notice, to the vendor, specifying the effective date of termination. In such event, participating Member shall retain sole ownership of all data or intellectual property provided to vendor for the performance of services, as well as any material, reports, or data which the participating Member has already paid the vendor for. Vendor shall retain sole ownership of its own intellectual property and may reclaim or otherwise remove access to any material the participating Member has not paid for.. If such event does occur, then vendor will be entitled to receive just and equitable compensation for the satisfactory work completed. 5.2 Delivery/Service failures: Region 10 ESC may issue a written deficiency notice to contractor for acting or failing to act in any of the following: i. Providing material that does not meet the specifications of the contract; ii. Providing work and/or material that was not awarded under the contract; iii. Failing to adequately perform the services set forth in the scope of work and specifications; iv. Failing to complete required work or furnish required materials within a reasonable amount of time; v. Failing to make progress in performance of the contract and/or giving Region 10 ESC reason to believe that contractor will not or cannot perform the requirements of the contract; and/or vi. Performing work or providing services under the contract prior to receiving a purchase order for such work. Upon receipt of a written deficiency notice, contractor shall have ten (10) days to provide a satisfactory response to Region 10 ESC. Failure to adequately address all issues of concern may result in contract cancellation. Failure to deliver goods or services within the time specified or within a reasonable time period as interpreted by the purchasing agent, or failure to make replacements or corrections of rejected articles/services when so requested shall constitute grounds for the contract to be terminated. In the event that the participating Member must purchase in an open market, contractor agrees to reimburse the participating Member, within a reasonable time period, for all expenses incurred. 939 Page 6 of 32 5.3 Force Majeure: If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, act of public enemy, orders of any kind of government of the United States or the State of Texas or any civil or military authority; insurrections; riots; epidemics; landslides; lighting; earthquake; fires; hurricanes; storms; floods; washouts; droughts; arrests; restraint of government and people; civil disturbances; explosions, breakage or accidents to machinery, pipelines or canals, or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable in the judgment of the party having the difficulty 5.4 Cancellation for convenience: Either party may cancel this contract in whole or in part by providing written notice. The cancellation will take effect 90 business days after the other party receives the notice of cancellation. After the 90th business day all work will cease following completion of final purchase order. Region 10 ESC reserves the right to request additional items not already on contract at any time. 6. ARTICLE 6 – LICENSES 6.1 Duty to keep current license: Vendor shall maintain in current status all federal, state and local licenses, bonds and permits required for the operation of the business conducted by vendor. Vendor shall remain fully informed of and in compliance with all ordinances and regulations pertaining to the lawful provision of services under the contract. Region 10 ESC reserves the right to stop work and/or cancel the contract of any vendor whose license(s) expire, lapse, are suspended or terminated. 6.2 Suspension or Debarment: Vendor shall provide a letter in the proposal notifying Region 10 ESC of any debarment, suspension or other lawful action taken against them by any federal, state, or local government within the last five (5) years that precludes Vendor or its employees from participating in any public procurement activity. The letter shall state the duration of the suspension or action taken, the relevant circumstances and the name of the agency imposing the suspension. Failure to supply or disclose this information may be grounds for cancellation of contract. 6.3 Survival Clause: All applicable software license agreements, warranties or service agreements that were entered into between Vendor and Customer/participating Member under the terms and conditions of the Contract shall survive the expiration or termination of the Contract. All Purchase Orders issued and accepted by Order Fulfiller shall survive expiration or termination of the Contract. 7. ARTICLE 7 – DELIVERY PROVISIONS 7.1 Delivery: Vendor shall deliver physical materials purchased on this contract to the participating Member issuing a Purchase Order. Conforming product shall be shipped within the timeframe agreed upon by the participating Member. If delivery is not or cannot be made within the time 940 Page 7 of 32 specified by the Purchase Order the vendor must receive authorization from the participating Member for the delayed delivery, at which time the participating Member may cancel the order if estimated shipping time is not acceptable. 7.2 Inspection & Acceptance: If defective or incorrect material is delivered, participating Member may make the determination to return the material to the vendor at no cost to the participating Member. The vendor agrees to pay all shipping costs for the return shipment. Vendor shall be responsible for arranging the return of the defective or incorrect material. 7.3 Responsibility for supplies tendered: Vendor shall be responsible for the materials or supplies covered by this contract until they are delivered to the designated delivery point. 7.4 Shipping Instructions: Each case, crate, barrel, package, etc, delivered under this contract must be plainly labeled, securely tagged, and delivered in the place and time designated by the participating Member in their Purchase Order or by other mutual agreement. 7.5 Additional charges: Unless bought on F.O.B. “shipping point” and Vendor prepays transportation, no delivery charges shall be added to invoices except when express delivery is authorized and substituted on orders for the method specified in the contract. In such cases, the difference between freight or mail and express charges may be added to the invoice. 7.6 Buyer’s delays: Region 10 ESC will not be responsible for any late fees due the prime contractor by the participating Member. The prime contractor will negotiate with the participating Member for the recovery of damages related to expenses incurred by the vendor for a delay for which the Member is responsible, which is unreasonable, and which was not within the contemplation of the parties to the contract between the two parties. 8. ARTICLE 8 – BILLING AND REPORTING 8.1 Payments: The participating entity using the contract will make payments directly to the awarded vendor. Payment shall be made after satisfactory performance, in accordance with all provisions thereof, and upon receipt of a properly completed invoice. 8.2 Tax Exempt Status: Since this is a national contract, knowing the tax laws in each state is the sole responsibility of the Vendor. 9. ARTICLE 9 – PRICING 9.1 Market competitive guarantee: Vendor agrees to provide market competitive pricing, based on the value offered upon award, to Region 10 ESC and its participating public agencies throughout the duration of the contract. 9.2 Price increase: Should it become necessary or proper during the term of this contract to make any change in design or any alterations that will increase expense, Region 10 ESC must be notified immediately. Price increases must be approved by Region 10 ESC and no payment for additional materials or services, beyond the amount stipulated in the contract, shall be paid without prior approval. All price increases must be supported by manufacture documentation, or a formal cost justification letter. Vendor must honor previous prices for thirty (30) days after approval and written notification from Region 10 ESC if requested. It is Vendor’s responsibility to keep all pricing up to date and on file with Region 10 ESC. All price changes must be provided to Region 10 ESC, using the same format as was accepted in the original contract. 9.3 Additional Charges: All deliveries shall be freight prepaid, F.O.B. destination and shall be included in all pricing offered unless otherwise clearly stated in writing. 941 Page 8 of 32 9.4 Price reduction and adjustment: Price reduction may be offered at any time during contract. Special, time-limited reductions are permissible under the following conditions: 1) reduction is available to all Members equally; 2) reduction is for a specific time period, normally not less than thirty (30) days; and 3) original price is not exceeded after the time-limit. Vendor shall offer Region 10 ESC any published price reduction during the contract period. 9.5 Prevailing Wage: It shall be the responsibility of the Vendor to comply, when applicable, with the prevailing wage legislation in effect in the jurisdiction of the purchaser (Region 10 ESC or its Participating Members). It shall further be the responsibility of the Vendor to monitor the prevailing wage rates as established by the appropriate Department of Labor for any increase in rates during the term of this contract and adjust wage rates accordingly. 9.6 Administrative Fees: The Vendor agrees to pay administrative fees to Equalis Group based on the terms set in the Equalis Group Administration Agreement. All pricing submitted to Region 10 shall include the administrative fee to be remitted to Equalis Group by the awarded vendor. 9.7 Price Calculation: Cost plus a percentage as a primary mechanism to calculate pricing is not allowed. Pricing may either be in the form of line item pricing, defined as a specific individual price on a product or service, or a percentage discount from a verifiable catalog or price list. Other discounts or incentives may be offered. 10. ARTICLE 10 – PRICING AUDIT 10.1 Audit rights: Vendor shall, at Vendor’s sole expense, maintain appropriate due diligence of all purchases made by Region 10 ESC and any participating entity that accesses this Agreement. Equalis Group and Region 10 ESC each reserve the right to audit the accounting for a period of three (3) years from the time such purchases are made. This audit right shall survive termination of this Agreement for a period of one (1) year from the effective date of termination. In the State of New Jersey, this audit right shall survive termination of this Agreement for a period of five (5) years from the date of final payment. Such records shall be made available to the New Jersey Office of the State Comptroller upon request. Region 10 ESC shall have the authority to conduct random audits of Vendor’s pricing that is offered to eligible entities at Region 10 ESC's sole cost and expense. Notwithstanding the foregoing, in the event that Region 10 ESC is made aware of any pricing being offered to eligible agencies that is materially inconsistent with the pricing under this agreement, Region 10 ESC shall have the ability to conduct an extensive audit of Vendor’s pricing at Vendor’s sole cost and expense. Region 10 ESC may conduct the audit internally or may engage a third-party auditing firm. In the event of an audit, the requested materials shall be provided in the format and at the location designated by Region 10 ESC or Equalis Group. 11. ARTICLE 11 – PROPOSER PRODUCT LINE REQUIREMENTS 11.1 Current products: Proposals shall be for products and services in current production and marketed to the general public and education/government agencies at the time the proposal is submitted. 11.2 Discontinued products: If a product or model is discontinued, Vendor may substitute a new product or model if the replacement product meets or exceeds the specifications and performance of the discontinued model and if the discount is the same or greater than the discontinued model. 11.3 New products/Services: New products and/or services that meet the scope of work may be added to the contract. Pricing shall be equivalent to the percentage discount for other products. Vendor may replace or add product lines to an existing contract if the line is replacing or supplementing products on contract, is equal or superior to the original products offered, is discounted in a similar or to a greater degree, and if the products meet the requirements of the solicitation. No products 942 Page 9 of 32 and/or services may be added to avoid competitive procurement requirements. Region 10 ESC may require additions to be submitted with documentation from Participating Members demonstrating an interest in, or a potential requirement for, the new product or service. Region 10 ESC may reject any additions without cause. 11.4 Options: Optional equipment for products under contract may be added to the contract at the time they become available under the following conditions: 1) the option is priced at a discount similar to other options; 2) the option is an enhancement to the unit that improves performance or reliability. 11.5 Product line: Vendors with a published catalog may submit the entire catalog. Region 10 ESC reserves the right to select products within the catalog for award without having to award all contents. Region 10 ESC may reject any addition of equipment options without cause. 11.6 Warranty conditions: All supplies, equipment and services shall include manufacturer's minimum standard warranty and one (1) year labor warranty unless otherwise agreed to in writing. 11.7 Buy American requirement: Vendors may only use unmanufactured construction material mined or produced in the United States, as required by the Buy American Act. Where trade agreements apply, to the extent permitted by applicable law, then unmanufactured construction material mined or produced in a designated country may also be used. Vendors are required to check state specific requirements to ensure compliance with this requirement. 11.8 Domestic preference: Region 10 ESC prefers the purchase, acquisition, or use of goods, products, or materials produced in the United States. 12. ARTICLE 12 – SITE REQUIREMENTS 12.1 Cleanup: Vendor shall clean up and remove all debris and rubbish resulting from their work as required or directed by Member. Upon completion of the work, the premises shall be left in good repair and an orderly, neat, clean and unobstructed condition conducive to the Member’s business purpose. 12.2 Site Preparation: Vendor shall not begin a project for which Participating Member has not prepared the site, unless Vendor does the preparation work at no cost, or until Participating Member includes the cost of site preparation in a purchase order to the contractor. Site preparation includes, but is not limited to moving furniture, moving equipment or obstructions to the work area, installation of wiring for networks or any other necessary pre-installation requirements. 12.3 Registered sex offender restrictions: For work to be performed at schools, Vendor agrees that no employee or employee of a subcontractor who has been adjudicated to be a registered sex offender will perform work at any time when students are or are reasonably expected to be present. Vendor agrees that a violation of this condition shall be considered a material breach and may result in the cancellation of the purchase order at the Participating Member’s discretion. Vendor must identify any additional costs associated with compliance of this term. If no costs are specified, compliance with this term will be provided at no additional charge. Vendor is also responsible for ensuring that their employees or contractors who have direct contact with students are properly fingerprinted and background checked in accordance with local state law, if applicable. 12.4 Safety measures: Vendor shall take all reasonable precautions for the safety of employees on the worksite and shall erect and properly maintain all necessary safeguards for protection of workers and the public. Vendor shall post warning signs against all hazards created by its operation and work in progress. Proper precautions shall be taken pursuant to state law and standard practices to protect workers, general public and existing structures from injury or damage. 12.5 Smoking/Tobacco: Persons working under the contract shall adhere to local tobacco and smoking (including e-cigarettes/vaping) policies. Smoking will only be permitted in posted areas or off premises. 943 Page 10 of 32 12.6 Stored materials: Upon prior written agreement between the vendor and Member, payment may be made for materials not incorporated in the work but delivered and suitably stored at the site or some other location, for installation at a later date. An inventory of the stored materials must be provided to Participating Member with the application for payment seeking compensation for stored materials. Such materials must be stored and protected in a secure location and be insured for their full value by the vendor against loss and damage. Vendor agrees to provide proof of coverage and/or addition of Participating Member as an additional insured upon Participating Member’s request. Additionally, if stored offsite, the materials must also be clearly identified as property of buying Participating Member and be separated from other materials. Participating Member must be allowed reasonable opportunity to inspect and take inventory of stored materials, on or offsite, as necessary. Until final acceptance by the Participating Member, it shall be the Vendor's responsibility to protect all materials and equipment. Vendor warrants and guarantees that title for all work, materials and equipment shall pass to the Member upon final acceptance. 12.7 Maintenance Facilities and Support: It is preferred that each contractor should have maintenance facilities and a support system available for servicing and repair of product and/or equipment. If a third party is to be used to provide maintenance and support to the participating Member, Vendor must notify Region 10 ESC of that third party information. All technicians, applicators, installers shall be fully certified, trained and licensed to perform said duties. 13. ARTICLE 13 – MISCELLANEOUS 13.1 Funding Out Clause: Any/all contracts exceeding one (1) year shall include a standard “funding out” clause. A contract for the acquisition, including lease, of real or personal property is a commitment of the entity’s current revenue only, provided the contract contains either or both of the following provisions: “Retains to the entity the continuing right to terminate the contract at the expiration of each budget period during the term of the contract and is conditioned on a best efforts attempt by the entity to obtain appropriate funds for payment of the contract in the subsequent fiscal year.” 13.2 Disclosures: Vendor affirms that he/she has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with this contract. 13.2.1 Vendor has a continuing duty to disclose a complete description of any and all relationships that might be considered a conflict of interest in doing business with Members in Equalis Group. 13.2.2 Vendor affirms that, to the best of his/her knowledge, the offer was arrived at independently, and was submitted without collusion with anyone to obtain information or gain any favoritism that would in any way limit competition or give an unfair advantage over other vendors in the award of this contract. 13.3 Indemnity: Vendor shall protect, indemnify, and hold harmless both Region 10 ESC and Equalis Group and its Members, administrators, employees and agents against all claims, damages, losses and expenses arising out of or resulting from the actions of Vendor, Vendor employees or Vendor subcontractors in the preparation of the solicitation and the later execution of the contract, including any supplemental agreements with Members. Any litigation involving either Region 10 ESC or Equalis Group, its administrators and employees and agents shall be in a court of competent jurisdiction in Dallas County, Texas. Texas law shall apply to any such suit, without giving effect to its choice of laws provisions. Any litigation involving Equalis Group participating Members shall be in the jurisdiction of the participating Member. 944 Page 11 of 32 13.4 Franchise Tax: Vendor hereby certifies that he/she is not currently delinquent in the payment of any required franchise taxes, and shall remain current on any such franchise taxes throughout the term of this contract. 13.5 Marketing: Vendor agrees to allow Region 10 ESC and Equalis Group to use their name and logo within website, marketing materials and advertisement. Any use of the Region 10 ESC or Equalis Group name and logo or any form of publicity, inclusive of press releases, regarding this contract by Vendor must have prior approval from Region 10 ESC. 13.6 Insurance: Unless otherwise modified elsewhere in this document, prior to commencing services under this contract for a participating Member, contractor shall procure, provide and maintain during the life of this agreement comprehensive public liability insurance to include course of construction insurance and automobile liability, providing limits of not less than $1,000,000.00 per occurrence. The insurance form will be an “all risk” type of policy with standard exclusions. Coverage will include temporary structures, scaffolding, temporary office trailers, materials, and equipment. Contractor shall pay for the deductibles required by the insurance provided under this agreement. 13.6.1 Certificates of insurance shall be delivered to the Member prior to commencement of work. The insurance company shall be licensed to do business and write the appropriate lines of insurance in the applicable state in which work is being conducted. Vendor shall give the participating entity a minimum of ten (10) days’ notice prior to any modifications or cancellation of policies. Vendor shall require all subcontractors performing any work to maintain coverage as specified. 13.6.2 Prior to commencing any work under this contract, any subcontractor shall also procure, provide, and maintain, at its own expense until final acceptance of the work performed, insurance coverage in a form acceptable to the prime contractor. All subcontractors shall provide worker’s compensation insurance which waives all subrogation rights against the prime contractor and Member. 13.7 Subcontracts/Sub Contractors: If Vendor serves as prime contractor, it shall not enter into any subcontract subject to this solicitation without prior approval from participating Member. Any/all subcontractors shall abide by the terms and conditions of this contract and the solicitation. 13.7.1 No subcontract relationships shall be entered into with a party not licensed to do business in the jurisdiction in which the work will be performed. Contractor must use subcontractors openly, include such arrangements in the proposal, and certify upon request that such use complies with the rules associated with the procurement codes and statutes in the state in which the contractor is conducting business. 13.7.2 Contractor agrees to pay subcontractors in a timely manner. Failure to pay subcontractors for work faithfully performed and properly invoiced may result in suspension or termination of this contract. Prior to participating Member’s release of final retained amounts, Contractor shall produce verified statements from all subcontractors and material suppliers that those entities have been paid in full amounts due and owing to them. 13.8 Legal Obligations: It is the Vendor’s responsibility to be aware of and comply with all local, state, and federal laws governing the sale of products/services identified in this RFP and any awarded contract and shall comply with all while fulfilling the RFP. Applicable laws and regulations must be followed even if not specifically identified herein. [Signatures follow on Signature Form] 945 Page 42 of 46 PROPOSAL FORM 20: GENERAL TERMS AND CONDITIONS ACCEPTANCE FORM Signature on the Vendor Contract Signature form certifies complete acceptance of the General Terms and Conditions in this solicitation, except as noted below (additional pages may be attached, if necessary). Check one of the following responses to the General Terms and Conditions:  We take no exceptions/deviations to the general terms and conditions (Note: If none are listed below, it is understood that no exceptions/deviations are taken.)  We take the following exceptions/deviations to the general terms and conditions. All exceptions/deviations must be clearly explained. Reference the corresponding general terms and conditions that you are taking exceptions/deviations to. Clearly state if you are adding additions terms and conditions to the general terms and conditions. Provide details on your exceptions/deviations below: (Note: Unacceptable exceptions shall remove your proposal from consideration for award. Region 10 ESC shall be the sole judge on the acceptance of exceptions/deviations and the decision shall be final.) 946 947 Page 3 of 46 Proposal Form Checklist The following documents must be submitted with the Proposal The below documents can be found in Section 2; Proposal Submission and Required Bid Forms and must be submitted with the proposal. Please note Proposal Form 1 is a separate attachment (attachment B). PROPOSAL PRICING: Attachment B is provided separately in a Microsoft Excel file and is required to complete your price proposal. PROPOSAL FORM 1: ATTACHMENT B - PRICING QUESTIONNAIRE & EVALUATION CRITERIA: PROPOSAL FORM 2: QUESTIONNAIRE & EVALUATION CRITERIA OTHER REQUIRED PROPOSAL FORMS: PROPOSAL FORM 3: CERTIFICATIONS AND LICENSES PROPOSAL FORM 4: CLEAN AIR AND WATER ACT PROPOSAL FORM 5: DEBARMENT NOTICE PROPOSAL FORM 6: LOBBYING CERTIFICATION PROPOSAL FORM 7: CONTRACTOR CERTIFICATION REQUIREMENTS PROPOSAL FORM 8: ANTITRUST CERTIFICATION STATEMENTS PROPOSAL FROM 9: IMPLEMENTATION OF HOUSE BILL 1295 PROPOSAL FROM 10: BOYCOTT CERTIFICATION AND TERRORIST STATE CERTIFICATION PROPOSAL FORM 11: RESIDENT CERTIFICATION PROPOSAL FORM 12: FEDERAL FUNDS CERIFICATION FORM PROPOSAL FORM 13: ADDITIONAL ARIZONA CONTRACTOR REQUIREMENTS PROPOSAL FORM 14: OWNERSHIP DISCLOSURE FORM (N.J.S. 52:25-24.2) PROPOSAL FORM 15: NON-COLLUSION AFFIDAVIT PROPOSAL FORM 16: AFFIRMATIVE ACTION AFFIDAVIT (P.L. 1975, C.127) PROPOSAL FORM 17: C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM PROPOSAL FORM 18: STOCKHOLDER DISCLOSURE CERTIFICATION PROPOSAL FORM 19: GENERAL TERMS AND CONDITIONS ACCEPTANCE FORM PROPOSAL FORM 20: EQUALIS GROUP ADMINISTRATION AGREEMENT PROPOSAL FORM 21: OPEN RECORDS POLICY ACKNOWLEDGEMENT AND ACCEPTANCE PROPOSAL FORM 22: VENDOR CONTRACT AND SIGNATURE FORM (The rest of this page is intentially left blank) 948 949 950 951 952 953 954 955 956 CC-C024413 ESTABLISHED 1983 www.advancedroofing.com 800 638.6869 TEL 954.522.6868 FAX 954.566.2967 1950 NW 22nd Street | Fort Lauderdale| Florida 33311 PUBLIC SECTOR CUSTOMER REFERENCES Collier County Contact: James Williams, Facilities Management Division Manager, Facilities Management Location: Naples, FL 34112 Phone: (239) 252-8380 Years Serviced: 4 Years Description of Services: Two Hundred plus (200+) building Roof Asset Management Program, Preventative Maintenance and roof repair services, Roof Replacements. Annual Volume: $500,000+ City of Cape Coral Contact: Rigo Chacon, Public Works Department -Facilities/Projects Manager Location: Cape Coral, FL 33915 Phone: (239) 574-0477 Years Serviced: 3 Years Description of Services: Post-Hurricane Roof Asset Management Services, Roof Repairs, Preventative Maintenance, Roof Replacements for multiple buildings. Annual Volume: $250,000+ City of Sunrise Contact: Mark Pacitti, Director of Facilities Location: Sunrise, FL 33351 Phone: (954) 746-3295 Years Serviced: 5+ Years Description of Services: Fifty plus (50+) building Roof Asset Management Program, Preventative Maintenance and roof repair services, Roof Replacements. Annual Volume: $500,000+ South Florida Water Management District Contact: Tjerk Van Veen, Section Leader – Infrastructure Management Section Location: West Palm Beach, FL 33406 Phone: (561) 682-2717 Years Serviced: 3 Years Description of Services: Seventy plus (70+) Building Roof Asset Management Program, Preventative Maintenance and roof repair services. Annual volume: $100,000+ 957 CC-C024413 ESTABLISHED 1983 www.advancedroofing.com 800 638.6869 TEL 954.522.6868 FAX 954.566.2967 1950 NW 22nd Street | Fort Lauderdale| Florida 33311 School Board of Broward County Contact: Deborah Czubkowski, Chief Facilities Officer Location: Fort Lauderdale, FL 33311 Phone: (754) 321-2659 Years Serviced: 20 Years Description of Services: Large roofing replacements, HVAC, Leak support, Annual Warranty Inspections. Annual Volume: $3,000,000+ 958 www.advancedroofing.com 800 638.6869 TEL 954.522.6868 FAX 954.566.2967 1950 NW 22nd Street | Fort Lauderdale | Florida 33311 | LIC #CCC024413 Policy Regarding Quality Control and Quality Assurance Roofing and Sheet Metal Operations Our mission is to provide quality roof installation along with service and maintenance of existing roof systems to the degree of exceeding customer expectations, manufacturer requirements, code enforcement, and industry standards. We not only strive to exceed requirements and expectations in the installation of the roof system but also in customer service. Quality control and assurance is built into the culture of Advanced Roofing. Upon request for proposal we educate ourselves to the client’s needs and expectations to provide the best value to the client. We perform thorough site visits, condition reviews, and cost analysis. This is all compiled and then communicated with the client to provide the client with the best possible roof system to suit the client’s needs. Upon award of a proposed project, we conduct thorough handoff meetings with our estimator to production department representatives to insure that all specific information for the project is communicated accurately from the proposal process to the close out process. There are project manuals that are composed and given to the project manager, construction manager, and site foreman. This insures that the project information stays integral throughout the process from start to finish. If possible, site meetings are scheduled with the client and our construction manager and site foreman to review all project information. 959 www.advancedroofing.com 800 638.6869 TEL 954.522.6868 FAX 954.566.2967 1950 NW 22nd Street | Fort Lauderdale | Florida 33311 | LIC #CCC024413 The site foreman is a non-working foreman whose focus is in insuring that the project requirements are being followed as planned. In the event that an unforeseeable event or condition occurs, the site foreman works with the construction manager to insure lines of communication remain open to the client so that any actions required can be communicated quickly and efficiently. It is the foreman’s primary duty to insure the installation of the roofing system is being installed at a professional and beyond expectation manner. The foreman has the authority to make corrective actions if needed. This individual conducts daily testing such as field cuts to insure that the installation conforms to the manufacturer, code enforcement, industry standard, and contractual requirements. We conduct routine and thorough training classes with all of our technicians. These classes are “in house” as well as third party taught classes. We believe that providing the routine training to our employees results in a more complete technician who employs the best practices for roof installation. It is important to us that our employees are provided with the best industry practices along with the most current product and technological methods. Including safety training, NRCA industry standard training, and manufacturer installation training. The construction manager is the next line of accountability for insuring that all facets of the project are being processed correctly. The construction manager routinely inspects the ongoing installation for conformance to all code, industry, manufacturer, and contractual requirements. This representative has the authority to alter, stop, or remove and replace sub-par installation. The construction manager insures that all logistics for the project are handled to minimize any impact to customer’s daily activities or operation. The construction manager will conduct daily inspections of the project to insure the installation is being provided per requirements. Daily photographs and a daily report confirming that these requirements are being achieved is documented. A weekly meeting is held with this level of management to review ongoing installations and insure that all work installed is being performed per Advanced Roofing and Florida Building Code requirements. A project manager is assigned to each project. This individual will conduct random site visits to confirm that all contractual requirements, along with quality control requirements are being provided. 960 www.advancedroofing.com 800 638.6869 TEL 954.522.6868 FAX 954.566.2967 1950 NW 22nd Street | Fort Lauderdale | Florida 33311 | LIC #CCC024413 We employ a quality control manager. This representative provides another independent view and perspective for insuring that our installations are meeting and exceeding all requirements. This individual works with field technicians during ongoing installations to provide guidance, field demonstration, requirement accountability, and training. In process inspections are conducted routinely by this individual to insure the installation is being provided at the highest level of workmanship. These inspections are conducted separate from production demands with focus directed strictly on quality of installation. Any deficiencies noted during such inspections are communicated to the construction manager and site foreman along with remediation efforts to assure that the installation is the best possible quality. Deficiencies can apply to product manufacturer requirements, code enforcement requirements, contractual requirements, and industry standard requirements. In addition, we have a full-time safety officer that attends all job sites at the pre- construction meeting as well as random visits to ensure that we are in compliance with all safety requirements and that our employees are working as safe as possible. This individual will review the foreman’s daily safety ( tool box talks) meeting notes and log to insure that safety is routinely discussed and practiced among our employees. This individual provides routine safety training to all of our employees. Our foremen are CERTA trained and certified. Our foremen and construction managers are all OSHA 30 certified. We rely in great part on our reputation as a quality driven company to insure future business from satisfied clients and their recommendations. It is paramount that to us that all facets of our business operate with a mind set that exemplifies quality. We request that at the end of all projects that our customer review with our construction manager a brief survey to review that customer satisfaction has been achieved. We use any information or suggestion received to increase our offering as a business that provides the ultimate in quality installation and customer service. 961 YearPlaintiffDefendantCase No.County Court StatusComments/ProjectOutcomeAttorney for Plaintiff Attorney for Defendant2017 ADVANCED ROOFING, INC. FIRST STANDARD ASSURETY, LLLP, KENYON & PARTNERS, INC.17-CA-001785Hillsborough Circuit Open Non-payment for work performed. (amount in dispute $150,000)PendingThe Kendrick Law Firm 499 NW 70th Ave, Suite 108 Plantation, FL 33317 Kassel Law Group, PLLC4016 Henderson Blvd., Suite E Tampa, FL 336292020 ADVANCED ROOFING, INC. Gator Delray, L.C.CACE-20-002444(09) Broward Circuit Closed Non-payment for work performed. (amount in dispute $25,000)Confidential Settlement The Kendrick Law Firm 499 NW 70th Ave, Suite 108 Plantation, FL 33317 Mark Goldstein, Esq., 1835 NE Miami Gardens Drive, Suite 211, Miami, FL 331792020 ADVANCED ROOFING, INC. Gator Sheridan, Inc.COWE-20-003446(83) Broward County Closed Non-payment for work performed. (amount in dispute $15,000)Confidential Settlement The Kendrick Law Firm 499 NW 70th Ave, Suite 108 Plantation, FL 33317 Mark Goldstein, Esq., 1835 NE Miami Gardens Drive, Suite 211, Miami, FL 331792020 Eric YogelAdvanced Roofing Inc 502020CA001593XXXXMB Palm Beach Circuit Closed Property damage (amount in dispute $30,000)Confidential Settlement. Salpeter Gitkin, LLP, 3864 Sheridan Street, Hollywood, FL 33021The Kendrick Law Firm 499 NW 70th Ave, Suite 108 Plantation, FL 33317 2020 Ignacio Diaz and Sara Diaz Olypus Insurance Company and Advanced Roofing, Inc. 2020-003366-CA-01Miami-Dade Circuit Closed Roof leak. (amount in dispute $40,000)Confidential Settement. Alvarez, Feltman, Da Silva & Costa, P.L.,2525 SW 27th Avenue, Suite 201, Miami, FL 33133The Kendrick Law Firm 499 NW 70th Ave, Suite 108 Plantation, FL 33317 2020 Hollywood Comics and Collectibles, Inc.Citrus Park Mall Owner LLC, and Advanced Roofing, Inc. and Ramirez Roofing, Inc.20-CA-1799 DIV KHillsborough Circuit Closed Property damage (amount in dispute $50,000)Confidential Settlement. Kaufman & Lynd, PLLC, 200 E. Robinson St., Suite 250, Orlando, FL 32801Kubicki Draper 400 North Ashley Drive , Suite 1200 Tampa, FL 336022020 ADVANCED ROOFING, INC. Burke Construction, Inc. et al. 2020-006234-CA-01 (32) Miami-Dade Circuit Closed Non-payment for work performed. (amount in dispute $80,000)Confidential Settlement. The Kendrick Law Firm 499 NW 70th Ave, Suite 108 Plantation, FL 33317 Elder & Lewis, P.A., 9155 S. Dadeland Blvd., Suite 1110, Miami, FL 33156 2020 Universal Property Casualty Insurance CompanyAdvanced Roofing Inc, and Key Islander Condominium Association Inc2020-027854-SP-05Miami-Dade County ClosedMinor Water Damages (less than $8,000)Confidential Settlement. Andreu, Palma, Lavin & Solis, PLLC 887 Donald Ross RoadJuno Beach, FL 33408The Kendrick Law Firm 499 NW 70th Ave, Suite 108 Plantation, FL 33317 2020 ADVANCED ROOFING, INC. Travelers Casaulty CACE-20-015449 (14) Palm Beach Circuit Closed Non-payment for work performed. Confidential Settlement. The Kendrick Law Firm 499 NW 70th Ave, Suite 108 Plantation, FL 33317 Taylor Espino Vega & Touron, PLLC, 201 Alhambra Circle, Suite 801, Coral Gables, FL 331342021 Park Place CondoAdvanced Roofing, Inc.CACE-21-002028Broward Circuit Closed Expansion joint leaks and repairs (amount in dispute $30,000)Confidential Settlement. Mallory Law Group, 2074 West Indiantown Road, Suite 201, PO Box 8858 Jupiter, FL 33468The Kendrick Law Firm 499 NW 70th Ave, Suite 108 Plantation, FL 33317 2021 Everett and Mary Sprigler Regatta at Vanderbilt Condo; T-Mobile; Betacom; Advanced Roofing, Inc.11-2019-CA-004703-001 Collier Circuit Closed Condo unit owner leak claim (amount in dispute $15,000)Confidential Settlement. Padgett Law, P.A.201 E. Kennedy Blvd., Suite 600Tampa, FL 33602The Kendrick Law Firm 499 NW 70th Ave, Suite 108 Plantation, FL 33317 2021 ADVANCED ROOFING, INC. Concorde Group Holdings, LLC CACE-21-005191 (12) Broward Circuit Closed Non-payment for work performed (amount in dispute $30,000)Confidential Settlement. The Kendrick Law Firm 499 NW 70th Ave, Suite 108 Plantation, FL 33317 Nelson Mullins, 1905 NW Corporate Blvd., Suite 310, Boca Raton, FL 334312021 Prudes Wig StudioAdvanced Roofing, Inc.2020-007824-CA-01 (05) Miami-Dade Circuit Closed Tenant propety damage (amount in dispute $1,000)Confidential Settlement. Sutton Law Group, P.A., 7721 SW 62nd Avenue, Suite 101, South Miami, FL 33143The Kendrick Law Firm 499 NW 70th Ave, Suite 108 Plantation, FL 33317 2021 Castle Key Insurance Advanced Roofing, Inc.CC21-3510St. Johns County Open Unit owner property damage (amount in dispute $1,000PendingDerrevere Stevens Black & Cozad, 2005 Vista Parkway, Suite 210 West Palm Beach, FL 33411The Kendrick Law Firm 499 NW 70th Ave, Suite 108 Plantation, FL 33317 2022 ADVANCED ROOFING, INC. Federal Insurance Company 2022-007776-CA-01Miami-Dade Circuit Closed Non-payment for work performed (amount in dispute $100,000)Voluntary DismissalThe Kendrick Law Firm 499 NW 70th Ave, Suite 108 Plantation, FL 33317 None962 YearPlaintiffDefendantCase No.County Court StatusComments/ProjectOutcomeAttorney for Plaintiff Attorney for Defendant2022 ADVANCED ROOFING, INC. Bandes Construction, Inc.22-003605-CI (13)Pinellas Circuit Open Non-payment for work performed (amount in dispute $40,000)PendingThe Kendrick Law Firm 499 NW 70th Ave, Suite 108 Plantation, FL 33317 Walters Levine & Degrave, 601 Bayshore Blvd., Suite 720, Tampa, FL 336062022 ADVANCED ROOFING, INC. Tucker Outdoor Services, Inc. COWE-22-003403 (82) Broward County Open Breach of Contract Materials Supplier (amount in dispute $30,000)Judgment in favor of Advanced RoofingThe Kendrick Law Firm 499 NW 70th Ave, Suite 108 Plantation, FL 33317 None2023 ADVANCED ROOFING, INC. Investements SWK, LLCCACE-23-018201Broward Circuit Open Non-payment for work performed (amount in dispute $160,000)PendingThe Kendrick Law Firm 499 NW 70th Ave, Suite 108 Plantation, FL 33317 None at this time2023 TF North Run, LLCAdvanced Roofing, Inc. et. al 23-027927-CA-01Miami-Dade Circuit Open Contract dispute (amount in dispute is in excess of $50,000)Pending Scott D. Kravetz, Esq. and Morgan L. Swing, Esq., Duane Morris, LLP, counsel for TF North, 201 S. Biscayne Blvd., Suite 3400, Miami, FL 33131The Kendrick Law Firm 499 NW 70th Ave, Suite 108 Plantation, FL 33317 2023 GueramiAdvanced Roofing, Inc. et. al 23-025797-CA-01 Miami-Dade Circuit Open Condo unit owner leak claim (amount in dispute is in excess of $50,000)Penidng Aaron S. Bass , Esq., Silver, Bass & Brams, P.A., Counsel for Plaintiffs, 500 South Australian Avenue, Suite 1010, West Palm Beach, FL 33401-6237The Kendrick Law Firm 499 NW 70th Ave, Suite 108 Plantation, FL 33317 2024 ADVANCED ROOFING, INC. Harbourage CondominiumCACE-24-001012 (14) Broward Circuit Open Non-payment for work performed (amount in dispute is $80,000)Pending The Kendrick Law Firm 499 NW 70th Ave, Suite 108 Plantation, FL 33317 None at this time963 State of Florida Department of State I certify from the records of this office that ADVANCED ROOFING, INC. is a corporation organized under the laws of the State of Florida, filed on October 8, 1983. The document number of this corporation is G65116. I further certify that said corporation has paid all fees due this office through December 31, 2024, that its most recent annual report/uniform business report was filed on January 9, 2024, and that its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Ninth day of January, 2024 Tracking Number: 8321108239CC To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. https://services.sunbiz.org/Filings/CertificateOfStatus/CertificateAuthentication 964 965 966 967 968 969 970 971 972 973 974 975 976 977 978 979 Page 17 of 46 PROPOSAL FORM 9: IMPLEMENTATION OF HOUSE BILL 1295 Certificate of Interested Parties (Form 1295): In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that a governmental entity or state agency may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency. The law applies only to a contract of a governmental entity or state agency that either (1) requires an action or vote by the governing body of the entity or agency before the contract may be signed or (2) has a value of at least $1 million. The disclosure requirement applies to a contract entered into on or after January 1, 2016. The Texas Ethics Commission was required to adopt rules necessary to implement that law, prescribe the disclosure of interested parties form, and post a copy of the form on the commission’s website. The commission adopted the Certificate of Interested Parties form (Form 1295) on October 5, 2015. The commission also adopted new rules (Chapter 46) on November 30, 2015, to implement the law. The commission does not have any additional authority to enforce or interpret House Bill 1295. Filing Process: Staring on January 1, 2016, the commission will make available on its website a new filing application that must be used to file Form 1295. A business entity must use the application to enter the required information on Form 1295 and print a copy of the completed form, which will include a certification of filing that will contain a unique certification number. An authorized agent of the business entity must sign the printed copy of the form and have the form notarized. The completed Form 1295 with the certification of filing must be filed with the governmental body or state agency with which the business entity is entering into the contract. The governmental entity or state agency must notify the commission, using the commission’s filing application, of the receipt of the filed Form 1295 with the certification of filing not later than the 30th day after the date the contract binds all parties to the contract. The commission will post the completed Form 1295 to its website within seven business days after receiving notice from the governmental entity or state agency. Information regarding how to use the filing application will be available on this site starting on January 1, 2016. https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm 980 Page 18 of 46 PROPOSAL FORM 10: BOYCOTT CERTIFICATION AND TERRORIST STATE CERTIFICATION BOYCOTT CERTIFICATION Respondent must certify that during the term of any Agreement, it does not boycott Israel and will not boycott Israel. “Boycott” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. Does vendor agree? ____________________________________ (Initials of Authorized Representative) Respondent must certify that it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and will not discriminate during the term of the contract against a firearm entity or firearm trade association. Respondent must aslo certify that it does not boycott energy companies; and will not boycott energy companies during the term of the contract. Does vendor agree? _____________________________________ (Initials of Authorized Representative) TERRORIST STATE CERTIFICATION In accordance with Texas Government Code, Chapter 2252, Subchapter F, REGION 10 ESC is prohibited from entering into a contract with a company that is identified on a list prepared and maintained by the Texas Comptroller or the State Pension Review Board under Texas Government Code Sections 806.051, 807.051, or 2252.153. By execution of any agreement, the respondent certifies to REGION 10 ESC that it is not a listed company under any of those Texas Government Code provisions. Responders must voluntarily and knowingly acknowledge and agree that any agreement shall be null and void should facts arise leading the REGION 10 ESC to believe that the respondent was a listed company at the time of this procurement. Does vendor agree? ____________________________________ (Initials of Authorized Representative) 981 Page 19 of 46 PROPOSAL FORM 11: RESIDENT CERTIFICATION This Certification Section must be completed and submitted before a proposal can be awarded to your company. This information may be placed in an envelope labeled "Proprietary" and is not subject to public view. In order for a proposal to be considered, the following information must be provided. Failure to complete may result in rejection of the proposal: As defined by Texas House Bill 602, a "nonresident Bidder" means a Bidder whose principal place of business is not in Texas, but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in Texas. Texas or Non-Texas Resident  I certify that my company is a "resident Bidder"  I certify that my company qualifies as a "nonresident Bidder" If you qualify as a "nonresident Bidder," you must furnish the following information: What is your resident state? (The state your principal place of business is located.) _____________________________________________________________________________________Compan y Name Address _____________________________________________________________________________________City State Zip 982 Page 20 of 46 PROPOSAL FORM 12: FEDERAL FUNDS CERTIFICATION FORM When a participating agency seeks to procure goods and services using funds under a federal grant or contract, specific federal laws, regulations, and requirements may apply in addition to those under state law. This includes, but is not limited to, the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 CFR 200 (sometimes referred to as the “Uniform Guidance” or “EDGAR” requirements). All Vendors submitting proposals must complete this Federal Funds Certification Form regarding Vendor’s willingness and ability to comply with certain requirements which may be applicable to specific participating agency purchases using federal grant funds. This completed form will be made available to participating agencies for their use while considering their purchasing options when using federal grant funds. Participating agencies may also require Vendors to enter into ancillary agreements, in addition to the contract’s general terms and conditions, to address the member’s specific contractual needs, including contract requirements for a procurement using federal grants or contracts. For each of the items below, Vendor should certify Vendor’s agreement and ability to comply, where applicable, by having Vendor’s authorized representative complete and initial the applicable lines after each section and sign the acknowledgment at the end of this form. If a vendor fails to complete any item in this form, Region 10 ESC will consider the Vendor’s response to be that they are unable or unwilling to comply. A negative response to any of the items may, if applicable, impact the ability of a participating agency to purchase from the Vendor using federal funds. 1. Vendor Violation or Breach of Contract Terms: Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 USC 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. Any Contract award will be subject to Region 10 ESC General Terms and Conditions, as well as any additional terms and conditions in any Purchase Order, participating agency ancillary contract, or Member Construction Contract agreed upon by Vendor and the participating agency which must be consistent with and protect the participating agency at least to the same extent as the Region 10 ESC Terms and Conditions. The remedies under the Contract are in addition to any other remedies that may be available under law or in equity. By submitting a Proposal, you agree to these Vendor violation and breach of contract terms. Does vendor agree? ____________________________________ (Initials of Authorized Representative) 2. Termination for Cause or Convenience: When a participating agency expends federal funds, the participating agency reserves the right to immediately terminate any agreement in excess of $10,000 resulting from this procurement process in the event of a breach or default of the agreement by Offeror in the event Offeror fails to: (1) meet schedules, deadlines, and/or delivery dates within the time specified in the procurement solicitation, contract, and/or a purchase order; (2) make any payments owed; or (3) otherwise perform in accordance with the contract and/or the procurement solicitation. participating agency also reserves the right to terminate the contract immediately, with written notice to offeror, for convenience, if participating agency believes, in its sole discretion that it is in the best 983 Page 21 of 46 interest of participating agency to do so. Offeror will be compensated for work performed and accepted and goods accepted by participating agency as of the termination date if the contract is terminated for convenience of participating agency. Any award under this procurement process is not exclusive and participating agency reserves the right to purchase goods and services from other offerors when it is in participating agency’s best interest. Does vendor agree? ____________________________________ (Initials of Authorized Representative) 3. Equal Employment Opportunity: Except as otherwise provided under 41 CFR Part 60, all participating agency purchases or contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 shall be deemed to include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR Part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause provided under 41 CFR 60-1.4(b) is hereby incorporated by reference. Vendor agrees that such provision applies to any participating agency purchase or contract that meets the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 and Vendor agrees that it shall comply with such provision. Does vendor agree? ____________________________________ (Initials of Authorized Representative) 4. Davis-Bacon Act: When required by Federal program legislation, Vendor agrees that, for all participating agency prime construction contracts/purchases in excess of $2,000, Vendor shall comply with the Davis-Bacon Act (40 USC 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, Vendor is required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determinate made by the Secretary of Labor. In addition, Vendor shall pay wages not less than once a week. Current prevailing wage determinations issued by the Department of Labor are available at www.wdol.gov. Vendor agrees that, for any purchase to which this requirement applies, the award of the purchase to the Vendor is conditioned upon Vendor’s acceptance of the wage determination. Vendor further agrees that it shall also comply with the Copeland “Anti-Kickback” Act (40 USC 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. 984 Page 22 of 46 Does vendor agree? ____________________________________ (Initials of Authorized Representative) 5. Contract Work Hours and Safety Standards Act: Where applicable, for all participating agency contracts or purchases in excess of $100,000 that involve the employment of mechanics or laborers, Vendor agrees to comply with 40 USC 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 USC 3702 of the Act, Vendor is required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 USC 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Does vendor agree? ____________________________________ (Initials of Authorized Representative) 6. Right to Inventions Made Under a Contract or Agreement: If the participating agency’s Federal award meets the definition of “funding agreement” under 37 CFR 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance or experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Vendor agrees to comply with the above requirements when applicable. Does vendor agree? ____________________________________ (Initials of Authorized Representative) 7. Clean Air Act and Federal Water Pollution Control Act: Clean Air Act (42 USC 7401-7671q.) and the Federal Water Pollution Control Act (33 USC 1251-1387), as amended –Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 USC 7401-7671q.) and the Federal Water Pollution Control Act, as amended (33 USC 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). When required, Vendor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act and the Federal Water Pollution Control Act. Does vendor agree? ____________________________________ 985 Page 23 of 46 (Initials of Authorized Representative) 8. Debarment and Suspension: Debarment and Suspension (Executive Orders 12549 and 12689) – A contract award (see 2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1966 Comp. p. 189) and 12689 (3CFR Part 1989 Comp. p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that Vendor is not currently listed on the government-wide exclusions in SAM, is not debarred, suspended, or otherwise excluded by agencies or declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor further agrees to immediately notify the Cooperative and all participating agencies with pending purchases or seeking to purchase from Vendor if Vendor is later listed on the government-wide exclusions in SAM, or is debarred, suspended, or otherwise excluded by agencies or declared ineligible under statutory or regulatory authority other than Executive Order 12549. Does vendor agree? ____________________________________ (Initials of Authorized Representative) 9. Byrd Anti-Lobbying Amendment: Byrd Anti-Lobbying Amendment (31 USC 1352) -- Vendors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 USC 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. As applicable, Vendor agrees to file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 USC 1352). Does vendor agree? ____________________________________ (Initials of Authorized Representative) 10. Procurement of Recovered Materials: For participating agency purchases utilizing Federal funds, Vendor agrees to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act where applicable and provide such information and certifications as a participating agency may require to confirm estimates and otherwise comply. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery, 986 Page 24 of 46 and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Does vendor agree? ____________________________________ (Initials of Authorized Representative) 11. Profit as a Separate Element of Price: For purchases using federal funds in excess of $150,000, a participating agency may be required to negotiate profit as a separate element of the price. See, 2 CFR 200.323(b). When required by a participating agency, Vendor agrees to provide information and negotiate with the participating agency regarding profit as a separate element of the price for a particular purchase. However, Vendor agrees that the total price, including profit, charged by Vendor to the participating agency shall not exceed the awarded pricing, including any applicable discount, under Vendor’s Cooperative Contract. Does vendor agree? ____________________________________ (Initials of Authorized Representative) 12. Domestic Preference Vendor must be prepared to provide a comprehensive list of the number of goods, products, and/or materials (including but not limited to iron, aluminum, steel, cement, and other manufactured products) being used for specific purchase orders under the contract award which were produced in the United States upon request to Region 10 ESC or any Equalis member who intends to use this contract with federal funds. Does vendor agree? ____________________________________ (Initials of Authorized Representative) 13. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment Vendor agrees that recipients and subrecipients are prohibited from obligating or expending loan or grant funds to procure or obtain, extend or renew a contract to procure or obtain, or enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems 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 from companies described in Public Law 115-232, section 889. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country are also prohibited. Does vendor agree? ____________________________________ (Initials of Authorized Representative) 14. General Compliance and Cooperation with Participating Agencies: In addition to the foregoing specific requirements, Vendor agrees, in accepting any Purchase Order from a participating agency, it shall make a good faith effort to work with participating agencies to provide such information and to satisfy such requirements as may apply to a particular participating agency purchase or purchases including, but not limited to, applicable recordkeeping and record retention requirements. 987 988 Page 26 of 46 PROPOSAL FORM 13: FEMA REQUIREMENTS When a participating agency seeks to procure goods and services using funds under a federal grant or contract, specific federal laws, regulations, and requirements may apply in addition to those under state law. This includes, but is not limited to, the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 CFR 200 (sometimes referred to as the “Uniform Guidance” or “EDGAR” requirements). Additionally, Appendix II to Part 200 authorizes FEMA to require or recommend additional provisions for contracts. All respondents submitting proposals must complete this FEMA Recommended Contract Provisions Form regarding respondent ’s willingness and ability to comply with certain requirements which may be applicable to specific participating agency purchases using FEMA funds. This completed form will be made available to Members for their use while considering their purchasing options when using FEMA grant funds. Members may also require Supplier Partners to enter into ancillary agreements, in addition to the contract ’s general terms and conditions, to address the member’s specific contractual needs, including contract requirements for a procurement using federal grants or contracts. For each of the items below, Respondent should certify Respondent’s agreement and ability to comply, where applicable, by having respondents authorized representative complete and initial the applicable lines after each section and sign the acknowledgment at the end of this form. If a Respondent fails to complete any item in this form, Region 10 ESC will consider the respondent’s response to be that they are unable or unwilling to comply. A negative response to any of the items may, if applicable, impact the ability of a participating agency to purchase from the Supplier Partner using federal funds. 1. Access to Records For All Procurements The Winning Supplier agrees to provide the participating agency, the pass-through entity (if applicable), the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. The Winning Supplier agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. The Winning Supplier agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. Does Respondent agree? __ (Initials of Authorized Representative) For Contracts Entered into After August 1, 2017 Under a Major Disaster or Emergency Declaration In compliance with section 1225 of the Disaster Recovery Reform Act of 2018, the participating agency, and the Winning Supplier acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States.” Does Respondent agree? ___ (Initials of Authorized Representative) 2. Changes 989 Page 27 of 46 FEMA recommends that all contracts include a changes clause that describes how, if at all, changes can be made by either party to alter the method, price, or schedule of the work without breaching the contract. The language of the clause may depend on the nature of the contract and the procured item(s) or service(s). The participating agency should also consult their servicing legal counsel to determine whether and how contract changes are permissible under applicable state, local, or tribal laws or regulations. Does Respondent agree? ___ (Initials of Authorized Representative) 3. Use of DHS Seal, Logo, and Flags The Winning Supplier shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. The contractor shall include this provision in any subcontracts. Does Respondent agree? ___ (Initials of Authorized Representative) 4. Compliance with Federal Law, Regulations, And Executive Orders and Acknowledgement of Federal Funding This is an acknowledgement that when FEMA financial assistance is used to fund all or a portion of the participating agency’s contract with the Winning Supplier, the Winning Supplier will comply with all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. Does Respondent agree? ___. (Initials of Authorized Representative) 5. No Obligation by Federal Government The federal government is not a party to this or any contract resulting from this or future procurements with the participating agencies and is not subject to any obligations or liabilities to the non-federal entity, contractor, or any other party pertaining to any matter resulting from the contract. Does Respondent agree? ___ (Initials of Authorized Representative) 6. Program Fraud and False or Fraudulent Statements or Related Acts The Winning Supplier acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor’s actions pertaining to this contract. Does Respondent agree? ___ (Initials of Authorized Representative) 7. Affirmative Socioeconomic Steps If subcontracts are to be let, the Winning Supplier is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women’s business enterprises, and labor surplus area firms are used when possible. Does Respondent agree? ___ (Initials of Authorized Representative) 8. License and Delivery of Works Subject to Copyright and Data Rights 990 Page 28 of 46 The Winning Supplier grants to the participating agency, a paid-up, royalty-free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Winning Supplier will identify such data and grant to the participating agency or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Winning Supplier will deliver to the participating agency data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the (insert name of the non-federal entity). Does Respondent agree? ___ (Initials of Authorized Representative) 991 Page 29 of 46 PROPOSAL FORM 14: ADDITIONAL ARIZONA CONTRACTOR REQUIREMENTS AZ Compliance with Federal and state requirements: Contractor agrees when working on any federally assisted projects with more than $2,000.00 in labor costs, to comply with all federal and state requirements, as well as Equal Opportunity Employment requirements and all other federal and state laws, statutes, etc. Contractor agrees to post wage rates at the work site and submit a copy of their payroll to the member for their files. Contractor must retain records for three years to allow the federal grantor agency access to these records, upon demand. Contractor also agrees to comply with the Arizona Executive Order 75-5, as amended by Executive Order 99-4. When working on contracts funded with Federal Grant monies, contractor additionally agrees to comply with the administrative requirements for grants, and cooperative agreements to state, local and federally recognized Indian Tribal Governments. AZ Compliance with workforce requirements: Pursuant to ARS 41-4401, Contractor and subcontractor(s) warrant their compliance with all federal and state immigration laws and regulations that relate to their employees, and compliance with ARS 23-214 subsection A, which states, …”every employer, after hiring an employee, shall verify the employment eligibility of the employee through the E-Verify program” Region 10 ESC reserves the right to cancel or suspend the use of any contract for violations of immigration laws and regulations. Region 10 ESC and its members reserve the right to inspect the papers of any contractor or subcontract employee who works under this contract to ensure compliance with the warranty above. AZ Contractor Employee Work Eligibility: By entering into this contract, contractor agrees and warrants compliance with A.R.S. 41-4401, A.R.S. 23-214, the Federal Immigration and Nationality Act (FINA), and all other Federal immigration laws and regulations. Region 10 ESC and/or Region 10 ESC members may request verification of compliance from any contractor or sub contractor performing work under this contract. Region 10 ESC and Region 10 ESC members reserve the right to confirm compliance. In the event that Region 10 ESC or Region 10 ESC members suspect or find that any contractor or subcontractor is not in compliance, Region 10 ESC may pursue any and all remedies allowed by law, including but not limited to suspension of work, termination of contract, suspension and/or debarment of the contractor. All cost associated with any legal action will be the responsibility of the contractor. AZ Non-Compliance: All federally assisted contracts to members that exceed $10,000.00 may be terminated by the federal grantee for noncompliance by contractor. In projects that are not federally funded, Respondent must agree to meet any federal, state or local requirements as necessary. In addition, if compliance with the federal regulations increases the contract costs beyond the agreed on costs in this solicitation, the additional costs may only apply to the portion of the work paid by the federal grantee. Registered Sex Offender Restrictions (Arizona): For work to be performed at an Arizona school, contractor agrees that no employee or employee of a subcontractor who has been adjudicated to be a registered sex offender will perform work at any time when students are present, or reasonably expected to be present. Contractor agrees that a violation of this condition shall be considered a material breach and may result in the cancellation of the purchase order at the Region 10 ESC member’s discretion. Contractor must identify any additional costs associated with compliance to this term. If no costs are specified, compliance with this term will be provided at no additional charge. 992 Page 30 of 46 Offshore Performance of Work Prohibited: Due to security and identity protection concerns, direct services under this contract shall be performed within the borders of the United States. Terrorism Country Divestments: In accordance with A.R.S. 35-392, Region 10 ESC and Region 10 ESC members are prohibited from purchasing from a company that is in violation of the Export Administration Act. By entering into the contract, contractor warrants compliance with the Export Administration Act. The undersigned hereby accepts and agrees to comply with all statutory compliance and notice requirements listed in this document. Signature of Respondent Date 993 Page 31 of 46 PROPOSAL FORM 15: OWNERSHIP DISCLOSURE FORM (N.J.S. 52:25-24.2) Pursuant to the requirements of P.L. 1999, Chapter 440 effective April 17, 2000 (Local Public Contracts Law), the Respondent shall complete the form attached to these specifications listing the persons owning 10 percent (10%) or more of the firm presenting the proposal. Company Name: Street: City, State, Zip Code: Complete as appropriate: I _______________________________________ , certify that I am the sole owner of ____________________________________ , that there are no partners and the business is not incorporated, and the provisions of N.J.S. 52:25-24.2 do not apply. OR: I _______________________________________ , a partner in ______________________________ , do hereby certify that the following is a list of all individual partners who own a 10% or greater interest therein. I further certify that if one (1) or more of the partners is itself a corporation or partnership, there is also set forth the names and addresses of the stockholders holding 10% or more of that corporation’s stock or the individual partners owning 10% or greater interest in that partnership. OR: I _______________________________________ , an authorized representative of ______________________________ , a corporation, do hereby certify that the following is a list of the names and addresses of all stockholders in the corporation who own 10% or more of its stock of any class. I further certify that if one (1) or more of such stockholders is itself a corporation or partnership, that there is also set forth the names and addresses of the stockholders holding 10% or more of the corporation’s stock or the individual partners owning a 10% or greater interest in that partnership. (Note: If there are no partners or stockholders owning 10% or more interest, indicate none.) Name Address Interest I further certify that the statements and information contained herein, are complete and correct to the best of my knowledge and belief. _________________________________________ _____________________ Authorized Signature and Title Date 994 Page 32 of 46 PROPOSAL FORM 16: NON-COLLUSION AFFIDAVIT Company Name: Street: City, State, Zip Code: State of New Jersey County of ________________________ I, ____________________________ of the ___________________________ Name City in the County of ____________________________, State of ___________________________________ of full age, being duly sworn according to law on my oath depose and say that: I am the _____________________________ of the firm of _____________________________________ Title Company Name the Respondent making the Proposal for the goods, services or public work specified under the Harrison Township Board of Education attached proposal, and that I executed the said proposal with full authority to do so; that said Respondent has not directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free, competitive bidding in connection with the above proposal, and that all statements contained in said bid proposal and in this affidavit are true and correct, and made with full knowledge that the Harrison Township Board of Education relies upon the truth of the statements contained in said bid proposal and in the statements contained in this affidavit in awarding the contract for the said goods, services or public work. I further warrant that no person or selling agency has been employed or retained to solicit or secure such contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by ______________________________________ _________________________________________ Company Name Authorized Signature & Title Subscribed and sworn before me this ______ day of ______________, 20____ __________________________________________ Notary Public of New Jersey My commission expires , 20____ SEAL 995 Page 33 of 46 PROPOSAL FORM 17: AFFIRMATIVE ACTION AFFIDAVIT (P.L. 1975, C.127) Company Name: __________________________________________________________ Street: __________________________________________________________________ City, State, Zip Code: ______________________________________________________ Bid Proposal Certification: Indicate below your compliance with New Jersey Affirmative Action regulations. Your proposal will be accepted even if you are not in compliance at this time. No contract and/or purchase order may be issued, however, until all Affirmative Action requirements are met. Required Affirmative Action Evidence: Procurement, Professional & Service Contracts (Exhibit A) Vendors must submit with proposal: 1. A photo copy of their Federal Letter of Affirmative Action Plan Approval _________ OR 2. A photo copy of their Certificate of Employee Information Report _________ OR 3. A complete Affirmative Action Employee Information Report (AA302) _________ Public Work – Over $50,000 Total Project Cost: A. No approved Federal or New Jersey Affirmative Action Plan. We will complete Report Form _________ AA201-A upon receipt from the Harrison Township Board of Education B. Approved Federal or New Jersey Plan – certificate enclosed _________ I further certify that the statements and information contained herein, are complete and correct to the best of my knowledge and belief. _______________________________________________________ _______________ Authorized Signature and Title Date P.L. 1995, c. 127 (N.J.A.C. 17:27) MANDATORY AFFIRMATIVE ACTION LANGUAGE PROCUREMENT, PROFESSIONAL AND SERVICE CONTRACTS During the performance of this contract, the contractor agrees as follows: The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation. The contractor will take affirmative action to ensure that such applicants are recruited and employed, and that employees are treated during employment, without regard to their age, race, creed, color, 996 Page 34 of 46 national origin, ancestry, marital status, sex, affectional or sexual orientation. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this non-discrimination clause. The contractor or subcontractor, where applicable will, in all solicitations or advertisement for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation. The contractor or subcontractor, where applicable, will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer advising the labor union or workers' representative of the contractor's commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to P.L. 1975, c. 127, as amended and supplemented from time to time and the Americans with Disabilities Act. The contractor or subcontractor agrees to attempt in good faith to employ minority and female workers trade consistent with the applicable county employment goal prescribed by N.J.A.C. 17:27-5.2 promulgated by the Treasurer pursuant to P.L. 1975, C.127, as amended and supplemented from time to time or in accordance with a binding determination of the applicable county employment goals determined by the Affirmative Action Office pursuant to N.J.A.C. 17:27-5.2 promulgated by the Treasurer pursuant to P.L. 1975, C.127, as amended and supplemented from time to time. The contractor or subcontractor agrees to inform in writing appropriate recruitment agencies in the area, including employment agencies, placement bureaus, colleges, universities, labor unions, that it does not discriminate on the basis of age, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices. The contractor or subcontractor agrees to revise any of it testing procedures, if necessary, to assure that all personnel testing conforms with the principles of job-related testing, as established by the statutes and court decisions of the state of New Jersey and as established by applicable Federal law and applicable Federal court decisions. The contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and lay-off to ensure that all such actions are taken without regard to age, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation, and conform with the applicable employment goals, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions. 997 Page 35 of 46 The contractor and its subcontractors shall furnish such reports or other documents to the Affirmative Action Office as may be requested by the office from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Affirmative Action Office for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code (NJAC 17:27). ________________________________________________ Signature of Procurement Agent 998 Page 36 of 46 PROPOSAL FORM 18: C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM Public Agency Instructions This page provides guidance to public agencies entering into contracts with business entities that are required to file Political Contribution Disclosure forms with the agency. It is not intended to be provided to contractors. What follows are instructions on the use of form local units can provide to contractors that are required to disclose political contributions pursuant to N.J.S.A. 19:44A-20.26 (P.L. 2005, c. 271, s.2). Additional information is available in Local Finance Notice 2006-1 (https://www.nj.gov/dca/divisions/dlgs/resources/lfns 2006.html). 1. The disclosure is required for all contracts in excess of $17,500 that are not awarded pursuant to a “fair and open” process (N.J.S.A. 19:44A-20.7). 2. Due to the potential length of some contractor submissions, the public agency should consider allowing data to be submitted in electronic form (i.e., spreadsheet, pdf file, etc.). Submissions must be kept with the contract documents or in an appropriate computer file and be available for public access. The form is worded to accept this alternate submission. The text should be amended if electronic submission will not be allowed. 3. The submission must be received from the contractor and on file at least 10 days prior to award of the contract. Resolutions of award should reflect that the disclosure has been received and is on file. 4. The contractor must disclose contributions made to candidate and party committees covering a wide range of public agencies, including all public agencies that have elected officials in the county of the public agency, state legislative positions, and various state entities. The Division of Local Government Services recommends that contractors be provided a list of the affected agencies. This will assist contractors in determining the campaign and political committees of the officials and candidates affected by the disclosure. a) The Division has prepared model disclosure forms for each county. They can be downloaded from the “County PCD Forms” link on the Pay-to-Play web site at https://www.state.nj.us/dca/divisions/dlgs/programs/pay 2 play.html They will be updated from time-to-time as necessary. b) A public agency using these forms should edit them to properly reflect the correct legislative district(s). As the forms are county-based, they list all legislative districts in each county. Districts that do not represent the public agency should be removed from the lists. c) Some contractors may find it easier to provide a single list that covers all contributions, regardless of the county. These submissions are appropriate and should be accepted. d) The form may be used “as-is”, subject to edits as described herein. e) The “Contractor Instructions” sheet is intended to be provided with the form. It is recommended that the Instructions and the form be printed on the same piece of paper. The form notes that the Instructions are printed on the back of the form; where that is not the case, the text should be edited accordingly. f) The form is a Word document and can be edited to meet local needs, and posted for download on web sites, used as an e-mail attachment, or provided as a printed document. 5. It is recommended that the contractor also complete a “Stockholder Disclosure Certification.” This will assist the local unit in its obligation to ensure that contractor did not make any prohibited contributions to the committees listed on the Business Entity Disclosure Certification in the 12 months prior to the contract. (See Local Finance Notice 2006-7 for additional information on this obligation) A sample Certification form is part of this package and the instruction to complete it is included in the Contractor Instructions. NOTE: This section is not applicable to Boards of Education. 999 Page 37 of 46 C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM Contractor Instructions Business entities (contractors) receiving contracts from a public agency that are NOT awarded pursuant to a “fair and open” process (defined at N.J.S.A. 19:44A-20.7) are subject to the provisions of P.L. 2005, c. 271, s.2 (N.J.S.A. 19:44A-20.26). This law provides that 10 days prior to the award of such a contract, the contractor shall disclose contributions to: 1. any State, county, or municipal committee of a political party 2. any legislative leadership committee* 3. any continuing political committee (a.k.a., political action committee) 4. any candidate committee of a candidate for, or holder of, an elective office: 1. of the public entity awarding the contract 2. of that county in which that public entity is located 3. of another public entity within that county 4. or of a legislative district in which that public entity is located or, when the public entity is a county, of any legislative district which includes all or part of the county. The disclosure must list reportable contributions to any of the committees that exceed $300 per election cycle that were made during the 12 months prior to award of the contract. See N.J.S.A. 19:44A-8 and 19:44A-16 for more details on reportable contributions. N.J.S.A. 19:44A-20.26 itemizes the parties from whom contributions must be disclosed when a business entity is not a natural person. This includes the following: 5. individuals with an “interest” ownership or control of more than 10% of the profits or assets of a business entity or 10% of the stock in the case of a business entity that is a corporation for profit 6. all principals, partners, officers, or directors of the business entity or their spouses 7. any subsidiaries directly or indirectly controlled by the business entity 8. IRS Code Section 527 New Jersey based organizations, directly or indirectly controlled by the business entity and filing as continuing political committees, (PACs). When the business entity is a natural person, “a contribution by that person’s spouse or child, residing therewith, shall be deemed to be a contribution by the business entity.” [N.J.S.A. 19:44A-20.26(b)] The contributor must be listed on the disclosure. Any business entity that fails to comply with the disclosure provisions shall be subject to a fine imposed by ELEC in an amount to be determined by the Commission which may be based upon the amount that the business entity failed to report. The enclosed list of agencies is provided to assist the contractor in identifying those public agencies whose elected official and/or candidate campaign committees are affected by the disclosure requirement. It is the contractor’s responsibility to identify the specific committees to which contributions may have been made and need to be disclosed. The disclosed information may exceed the minimum requirement. The enclosed form, a content-consistent facsimile, or an electronic data file containing the required details (along with a signed cover sheet) may be used as the contractor’s submission and is disclosable to the public under the Open Public Records Act. The contractor must also complete the attached Stockholder Disclosure Certification. This will assist the agency in meeting its obligations under the law. NOTE: This section does not apply to Board of Education contracts. * N.J.S.A. 19:44A-3(s): “The term "legislative leadership committee" means a committee established, authorized to be established, or designated by the President of the Senate, the Minority Leader of the Senate, the Speaker 1000 Page 38 of 46 of the General Assembly or the Minority Leader of the General Assembly pursuant to section 16 of P.L.1993, c.65 (C.19:44A-10.1) for the purpose of receiving contributions and making expenditures.” C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM Required Pursuant To N.J.S.A. 19:44A-20.26 This form or its permitted facsimile must be submitted to the local unit no later than 10 days prior to the award of the contract. Part I – Vendor Information Vendor Name: Address: City: State: Zip: The undersigned being authorized to certify, hereby certifies that the submission provided herein represents compliance with the provisions of N.J.S.A. 19:44A-20.26 and as represented by the Instructions accompanying this form. _________________________ ____________________ ____________________ Signature Printed Name Title Part II – Contribution Disclosure Disclosure requirement: Pursuant to N.J.S.A. 19:44A-20.26 this disclosure must include all reportable political contributions (more than $300 per election cycle) over the 12 months prior to submission to the committees of the government entities listed on the form provided by the local unit.  Check here if disclosure is provided in electronic form. Contributor Name Recipient Name Date Dollar Amount $  Check here if the information is continued on subsequent page(s) 1001 Page 39 of 46 Continuation Page C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM Required Pursuant To N.J.S.A. 19:44A-20.26 Page ___ of ______ Vendor Name: Contributor Name Recipient Name Date Dollar Amount $  Check here if the information is continued on subsequent page(s) 1002 Page 40 of 46 List of Agencies with Elected Officials Required for Political Contribution Disclosure N.J.S.A. 19:44A-20.26 County Name: State: Governor, and Legislative Leadership Committees Legislative District #s: State Senator and two members of the General Assembly per district. County: Freeholders County Clerk Sheriff {County Executive} Surrogate Municipalities (Mayor and members of governing body, regardless of title): USERS SHOULD CREATE THEIR OWN FORM, OR DOWNLOAD FROM WWW.NJ.GOV/DCA/LGS/P2P A COUNTY- BASED, CUSTOMIZABLE FORM. 1003 1004 Page 42 of 46 PROPOSAL FORM 20: GENERAL TERMS AND CONDITIONS ACCEPTANCE FORM Signature on the Vendor Contract Signature form certifies complete acceptance of the General Terms and Conditions in this solicitation, except as noted below (additional pages may be attached, if necessary). Check one of the following responses to the General Terms and Conditions:  We take no exceptions/deviations to the general terms and conditions (Note: If none are listed below, it is understood that no exceptions/deviations are taken.)  We take the following exceptions/deviations to the general terms and conditions. All exceptions/deviations must be clearly explained. Reference the corresponding general terms and conditions that you are taking exceptions/deviations to. Clearly state if you are adding additions terms and conditions to the general terms and conditions. Provide details on your exceptions/deviations below: (Note: Unacceptable exceptions shall remove your proposal from consideration for award. Region 10 ESC shall be the sole judge on the acceptance of exceptions/deviations and the decision shall be final.) 1005 Page 43 of 46 PROPOSAL FORM 21: EQUALIS GROUP ADMINISTRATION AGREEMENT Requirements for Master Agreement To be administered by Equalis Group Attachment A, Equalis Group Administrative Agreement is used in administering Master Agreements with Region 10 and is preferred by Equalis Group. Redlined copies of this agreement should not be submitted with the response. Should a respondent be recommended for award, this agreement will be negotiated and executed between Equalis Group and the respondent. Respondents must select one of the following options for submitting their response. Respondent agrees to all terms and conditions outlined in each of the Administration Agreement. Respondent wishes to negotiate directly with Equalis Group on terms and conditions outlined in the Administration Agreement. Negotiations will commence after sealed Proposals are opened and Region 10 has determined the respondent met all requirements in their response and may be eligible for award. 1006 1007 1008 CC-C024413 ESTABLISHED 1983 1 | Page COMPANY PROFILE Advanced Roofing, Inc. is uniquely positioned to bring the most innovative roofing techniques and products our customers. ARI began in 1983 and has since grown to be South Florida’s premier commercial roofing specialist. We have become a full-service roofing contractor, consisting of: a service department providing repairs and maintenance, metal roofing department, HVAC department, a custom sheet metal fabrication department, crane division, electrical division and solar/renewable energy department. We fully acknowledge and understand the challenges inherent in every roofing project; particularly the specialty work required on occupied buildings. Our extensive experience in roofing occupied government facilities has made us mindful and aware that we must accommodate you in having as little disruption as possible during the roofing process. We are pleased to announce that we have won “The Excelle Protection Award”. We received this honor (in which only 35 out of thousands of contractors received this award in the USA). You can count on ARI to bring over 40 years of impeccable service along with our outstanding safety record throughout every phase of the project. You can expect constant communication, excellent workmanship and superior service from start to finish. Any challenge is an opportunity for us to bring a solution. From the time you sign with us, we’ve got it all covered. When we say we’ll do something, you can swear by it. Established in 1983, Advanced Roofing, Inc. is a full-service commercial roofing company. With “Commitment to Quality” through solving customers’ needs with premium materials and excellent craftsmanship, Advanced Roofing has been named one of the top ten roofing contractors in the United States. Licensed, bonded and insured, Advanced Roofing’s dedication to safety, professionalism, and quality work is signified through the satisfaction of hundreds of customers. Advanced Roofing has your solutions all under one roof. In addition, due to Advanced Roofing’s elite status in the industry, we are able to provide our customers with additional benefits including: •Named #1 Roofing Contractor in South Florida •$150 million Bonding Capacity •Additional Captive Insurance •FPL Approved Contractor •Certified with all major manufacturers •Full Safety Division •In-house Sheet Metal Department, Crane Division, HVAC, Electrical, Lightning Protection, Solar •24/7 Service and Emergency Repairs 1009 CC-C024413 ESTABLISHED 1983 2 | Page We offer a wide variety of roof systems to fit your needs, and we are certified by every major material manufacturer to install the highest quality roofing systems with the best warranties. Our goal is to make the roofing process easy and hassle free for you, our customer. Roofing of occupied buildings is a highly technical process. Our experience constantly improves, from protecting the property, documentation, existing conditions, pre-construction, job meetings, code compliance, involving building departments, manufacturers’ representatives, close out and getting other recommendations from you. Our roofing department has over 500 expertly trained Construction Managers, foreman, roofing mechanics and laborers. They are all intensively trained in roofing safety procedures. Our service department handles all major and minor problems that may occur on your roof quickly, efficiently, and at a reasonable cost. With over 500 buildings, totaling over 14 million square feet of roof, under Advanced Roofing’s Proactive Maintenance Agreement, our commitment to service speaks for itself. Advanced Roofing’s dedication to clients has allowed Advanced Roofing to grow, expand, and service the roofing needs of some of Florida’s biggest businesses, government entities, schools, and more. In 1994, Advanced Roofing established DBA Advanced Air Systems to specialize in HVAC new construction, retrofit, unit change outs, service repairs, and maintenance solutions for residential, commercial, industrial, institutional and historical properties throughout Florida. Advanced Air Systems holds a Class A license with services unlimited in the execution of contracts requiring the experience, knowledge, and skill to install, maintain, repair, fabricate, alter, extend, or design central air-conditioning, refrigeration, heating, and ventilating systems. EXISTING TERM CONTRACTS South Area Term Contracts: •Port Everglades Roof Repair, Replacment and Related Services •Palm Beach County Annual Contract-Roofing •Broward College •School District of St. Lucie County (Piggybacking Broward College) •SBBC - Construction Services Emergency Projects VI (CSEP) - 18-171F •Town of Davie (Piggybacking Sourcewell) •Town of Davie - Misc. Roofing Services - R2020-180 •SBBC - Construction Services Minor Projects (CSMP) - FY20-130 - Roofing, GC & Mechanical •School District of Palm Beach County - Roofing Contractor Services for Disaster Recovery Assistance •School District of Palm Beach County- Roofing Products and Services - #20C-45V •Miami Beach - General Building Specialty Trade Services •Town of Palm Beach - Roofing Contractors •Martin County School District - District Wide Roofing Repairs, Gutters, Maintenance & Materials •Lee County County Wide Roofing 1010 CC-C024413 ESTABLISHED 1983 3 | Page •School District of Indian River County - Districtwide Roof Repairs & Mainenance Services •Boeing Company - Miami •SBBC - Roofing Services •FAU - Roofing Services •FIU - Small Trade Services II •Lauderhill-Trade Roof Contractors-Prequal •CCPS(Collier County Public Schools) - #19-050 Roofing Inspection & Repair Services •Broward County - Roofing Maintenance & Repairs at Various County Buildings •City of Deerfield Beach - (Piggybacking City of Sunrise) •City of Lauderhill - (Piggybacking Port Everglades) •City of Sunrise - Roofing Maintenance and Repairs •Sourcewell - Southeast Florida Area •City of Miramar - (Piggybacking Port Everglades) •NIPA / RoofConnect •Baptist Health - Emergency Roof Repairs •Baptist Health - Master Agreement •Monroe County School District (Piggybacking Broward College) •City of Vero Beach (Piggybacking City of Sunrise) •Collier County - Roofing Replacement Contractors •Miami Beach - Job Order Contracting Services-Various Trades •City of Fort Lauderdale - (Piggybacking City of Sunrise) •SWA (Solid Waste Authority) •City of Coral Springs - (Piggybacking City of Sunrise) •City of Boynton Beach - (Piggybacking City of Sunrise) •City of Stuart - City Wide Annual Roofing Repair & Replacement •City of Doral - (Piggybacking City of Sunrise) •Miami Dade County Public Schools (MDCPS) Roofing Term Bid Open Market •Seminole Tribe of Florida - Certified Roofing Contractor Services •Miami Dade College - Commercial Roofing Inspections, Repairs, Restoration & Replacemenet Prequal of Contractors •Collier County - Roofing Preventive Maintenance and Remedial Repairs Central & North Area Term Contracts: •FDOT - Routine Maintenance, Repair, Installation and Evaluaiton to Roof Systems at Various Locations on Florida's Turnpike Mainline •Orange County •Volusia County •SDOC - School District of Osceloa County - Roofing Installaiton & Repair Contractor Services •Sourcewell - Southwest Florida Area •Sourcewell - East Central Florida Area •Sourcewell - Northeast Florida Area •Sourcewell - Northwest Florida Area 1011 CC-C024413 ESTABLISHED 1983 4 | Page •Orlando Aviation Authority - Continuing Roofing Construction Services •Lake County Roof Repair Services •Hernando County - Construction Projects •Kinder Morgan •City of Bradenton - (Piggybacking City of Sunrise) •Orlando Utilties Commission •Village Center Community Development District - (Piggybacking City of Sunrise) •Village Center Community Development District - (Piggybacking City of Sunrise) •North Sumter County Unitlity Community Development District - (Piggybacking City of Sunrise) •North Sumter County Unitlity Community Development District - (Piggybacking City of Sunrise) •Sumter Landing Community Development District - (Piggybacking City of Sunrise) •Alachua County - Minor Roof Repair Services •AFICC/771 ESS/EGB Wide Roofing Repair and Replacement •University of South Florida - USF •City of Dunedin - (Piggybacking City of Sunrise) •City of Kissimmee - (Piggybacking City of Sunrise) •Pinellas County - Roofing Services & Supplies Waterproofing & Related Products Services •University of Central Florida - UCF •Daytona International Speedway - Roofing Repairs •City of Apopka •Charlotte County - Re-Roofing & Roof Repairs •Punta Groda - (Piggybacking Charlotte County) •City of Deltona Federal Term Contracts: •TCPN(Roof Connect) Private Entity Term Contracts: •Publix Supermarket •Pratt & Whitney •UPS •FPL-CBRE •Memorial Healthcare Systems 1012 CC-C024413 ESTABLISHED 1983 5 | Page QUALIFICATIONS OF BIDDER’S KEY PERSONNEL Robert Kornahrens CEO, President Founder of Advanced Roofing Inc. and oversees all company operations. Experience: Rob Kornahrens is a leader in the commercial roofing industry for more than 40 years. Before starting Advanced Roofing in 1983, he worked with Triple M Roofing Corporation in New York. During his tenure at Triple M, Rob held numerous field positions and was eventually promoted to Branch Manager where he was responsible for opening and operating new branches in both Atlanta and Fort Lauderdale. Education: B.S. Degree in Business Administration from University of Arizona, 1979 Michael Kornahrens Vice President Michael joined Advanced Roofing in 1998 and is responsible for overseeing the operations and management of all divisions. Experience: Born into the roofing industry, Michael has held many positions at Advanced Roofing over the past 18 years, including leading the Metal Roofing and Renewable Energy divisions. His responsibilities include developing rooftop and solar designs, coordinating subcontractors, and managing project installations throughout the United States and Canada. Education: B.A. in Management and Marketing, Florida Atlantic University Clint Sockman Vice President Clint joined Advaned Roofing in 1998 and is responsible for oversseing the the Re-Roofing and Renewable Energy Divisions. Experience: A second generation roofer with more than two decades of experience in the roofing, solar, and construction industries. Education: University of Cincinnati, Information Systems minor in International Business. Licenses: Florida State Roofing and Solar Contractors; Certifications: NABCEP, LEED. Member of the American Society of Professional Estimators (ASPE). Constructions Specifications Institute (CSI). 1013 CC-C024413 ESTABLISHED 1983 6 | Page Kevin Kornahrens Executive Vice President Started with Advanced Roofing Inc. in 2005 and is responsible for overseeing the operations and management of all divisions. Experience: Mr. Kornahrens leads the administration team for Advanced Roofing Inc. His primary focus is on Human Resources, Safety, Legal, Information Technologies, and Marketing Departments. His responsibilities include management of strategic business planning, staffing, ERP system implementation, public relations and safety. Education: SPHR, Senior Professional in Human Resources. M.B.A. Degree in finance from the University of Miami. B.S. Degree in Management Information Systems, from Florida State University. B.A. Degree in Marketing, from Florida State University. B.A. Degree in Multinational Business from Florida State University. Jessica Kornahrens Senior Project Manager Jessica joined Advanced Roofing Inc. in 2001 and is a Project Manager that oversses multiple projects. Experience: As a Senior Project Manager, Jessica handles the management of multiple projects on time, within budget, and to the satisfaction of the client; from project turnover through project close out. She serves as a liaison to customers, consultants, architects, subcontractors and vendors. Education: B.S. Degree in Psychology, from Florida State University. B.S. Degree in Business Management, from Florida State University. Randy Gibson Business Development Randy joined Advanced Roofing in 2015 and is responsible for business development and sales. Experience: Randy has over 40 years of experience in the roofing industry. Prior to joining Advanced Roofing, Randy held management positions with national roofing contractors, and founded and operated a commercial roofing business for 25 years. Education: Randy has supplemented his extensive commercial roofing experience with on-the-job training in various fields and systems. Additionally, he has taken numerous continuing education courses related to the roofing and construction industry. 1014 CC-C024413 ESTABLISHED 1983 7 | Page Paul Murphy HVAC Service Manager Paul joined Advanced Roofing Inc. in 2017 and is the HVAC Service Manager that manages the daily operations of the HVAC division. Experience: Paul has over 18 years of experience in the HVAC experience with 8 years of experience as a service manager. Paul has extensive knowledgeon water cooled systems, chillers and cooling towers. Education: Broward College, Majoring in Business Administration. VFD Certification. Bryan Cardona Safety Director Bryan joined Advaned Roofing in 2013 and is the company wide Safety Director. Experience: Bryan has a decade of experienced in the areas of Occupational Safety and Health Management. Bryan’s goal for Advanced Roofing is to continue being an industry leader in safety while promoting a safety culture and growing OSHA partnerships. Education: OSHA Authorized Construction Trainer, which allows Bryan to implement the OSHA 10 and 30-hour training courses for our field staff. 1015 CC-C024413 ESTABLISHED 1983 8 | Page SUPERVISORY & STAFFING CAPABILITIES Advanced Roofing, Inc.'s methodology and approach is unique in its structure because our set up is based on 38 years of real-life experience within the roofing industry. We have the capacity of tailoring our system to the needs of the project regardless of the size and contract requirements. Pre-job planning, documentation and communication are key to our operations. In order to execute the project in a timely, cost-effective and quality manner, we invest quality time with our full team of Estimators, Engineers, Project Managers and Construction Team prior to commencement of all our field operations; again regardless of the size of the project. The typical size of our crew is 8-10 men, this can vary as required per project. Our pre-project planning process is quite extensive. The entire team must understand all phases of the project in order to maintain an efficient line of communication throughout the project. Each member is provided with a project binder with includes the following information: •Contact Names and Numbers •Emergency Procedures •Scope of Work, Project Plans/Specifications •Material Listing, MSDS Sheets •Project Schedule •Permit Information Our Project Team assembles once a week or as needed to discuss project status and if necessary, effect any changes that may be required to maintain efficiency and schedule. Each member is equipped with Nextel radios and cellular phones with email access to maintain communication at all times. Training of our field and office personnel is ongoing and is accomplished through on-site hands- on training classes provided by the various manufacturers we are approved by. The field staff and apprentices go through a three year training program The President and Vice President attended a TQM class developed by the National Roofing Contractors Association through the University of Chicago Business College. Our Executive Management Team meets twice a month with a two hour “huddle” meeting and once a month for an all day executive meeting off site. Advanced Roofing, Inc. also has a full fleet that consists of dump trucks, cranes, boom trucks, flat beds, kettles, and more. By offering these services in-house, we’re able to provide our customers more for their money. And that’s one of our professional solutions. We use various computer based applications for tracking a project form the inception of the project to its completion. We have developed our in-house software “RFP Manager” for tracking all in-coming projects. We also utilize Roof Express, CAD Program, Spitfire Project Management Software, and Solomon Accounting Software. 1016 CC-C024413 ESTABLISHED 1983 9 | Page SUBCONTRACTORS Advanced Roofing, Inc. does not routinely utilize subcontractors. Over the past 38 years, Advanced Roofing, Inc. has put money back into the company and community. •We have our own fleet of vehicles that include trucks, cranes, semi-tractor trailers, hydro, tower crane, equipment and dump trucks to haul our roofing debris. This allows Advanced Roofing, Inc. the control of having trailers at our disposal when we need them and therefore allows for a smoother project. •We also have our own state-licensed Air Conditioning Division – This allows us to coordinate the shutdown and raising of the air conditioning units on the roof. •We also have our own state-licensed Electrical Division – This allows which allows us to handle the electrical needs for roofing and solar projects. •Lightning Protection Division •In-house Sheet Metal Division – where we fabricate our own metal. •We are a licensed General Contractor – which allows us to handle small contracting items on the roof. •Certified Solar/PV system installer for renewable energy projects. When a project calls for subcontractors to perform work that we are not licensed to perform, qualified subcontractors which are most competent and ready to complete the necessary to meet schedule will be selected. *Advanced Roofing, Inc. actively participates in minority and/or small disadvantaged business contracting and utilize whenever possible. 1017 CC-C024413 ESTABLISHED 1983 www.advancedroofing.com 800 638.6869 TEL 954.522.6868 FAX 954.566.2967 1950 NW 22nd Street | Fort Lauderdale| Florida 33311 SBE/MBE/WBE Participation Plan Advanced Roofing actively participates in meeting or surpassing the percentage goals of the SBE/MBE/WBE programs. We are committed to having strong working relationships with certified SBE/MBE/WBE contractors. With over 30 term contracts established with clients we have been serving for over three decades, Advanced Roofing, Inc. makes every effort to incorporate small, minority or women-owned businesses in our construction plan. As a result of our excellent working relationship with a sizeable pool of licensed and approved SBE/MBE/WBE contractors throughout the state, Advanced Roofing is able to call on these contractors as needed. Just as we provide our services on time and on budget, we expect the same performance from our SBE/MBE/WBE contractors. If a SBE/MBE/WBE contractor is needed that we have not previously worked with we will put an ad in the newspaper soliciting the work, research which contractors are available for the work needed in the certified directory and make the necessary phone calls/emails to solicit, invite and encourage SBE/MBE/WBE participation as well as giving assistance if needed in reviewing the contract plans and specifications and assisting any interested SBE/MBE/WBE firms in obtaining required bonding, lines of credit, or insurance if such assistance is necessary. When a project calls for subcontractors to perform work that we are not licensed to perform, qualified subcontractors which are most competent and ready to complete the necessary to meet schedule will be selected. Listed below are a few of the minority contractors we have a working relationship with; Plumbing Contractor CV Ocean Plumbing, Inc. Hispanic-American S/MBE 10651 NW 132nd St., Hialeah Gardens, FL 33018 (305) 558-4624 - Eddilyn Leiro ernicaballero@hotmail.com Material Supplier Concrete Solutions Group, LLC Asian-Pacific American S/M/WBE 8469 NW 44th Ct., Coral Springs, FL 33065 (954) 401-4872 - Eliza Chan echan316@yahoo.com Material Supplier (Soprema) Trintec Construction, Inc. dba Icon Roofing White Female S/MBE 13091 NW 43rd Ave. Opa-Locka, FL 33054 (305) 685-3001 – Petulia Schvartz pschvartz@trintecinc.com 1018 CC-C024413 ESTABLISHED 1983 www.advancedroofing.com 800 638.6869 TEL 954.522.6868 FAX 954.566.2967 1950 NW 22nd Street | Fort Lauderdale| Florida 33311 Sheet Metal Duval Sheet Metal, Inc. African-American M/WBE 2200 4TH Ave. N., Suite 7, Lake Worth, FL 33461 P: 561-547-5282 F: 561-547-9594 C: 561-371-2015 – Daniela Duval daniela@duvalsheetmetal.com Roofing Contractor/Construction Services A. Herrmann Associates, Inc. dba Associates Roofing CBE/SBE 2351 Thomas St. Hollywood, FL 33020 P: (954) 921-4096 F: (954) 921-1371 - Art Herrmann info@associatesroofing.com Construction Services Renco Development, Inc. African-American E/S/MBE 3025 SW 189th Ave. Miramar, FL 33029 P: (954) 993-2039 - Kwame Wilson info@rencodevelopment.com Interior Protection We Pro Tec, LLC WBE 7300 West McNab Rd., Suite 111 Tamarac, FL 33321 P: (754) 484-7110 C: (954) 740-4700 - Marie Hinkson marie@wepro-tec.com Mechanical/Equipment Supplier Kwik Kool Air Conditioning, Inc. Hispanic-American E/S/M/WBE 14024 SW 140th St., Miami, FL 33186 (305) 251-1125 - Gloria Diaz-Carney gdc@mcarney.com 1019 CC-C024413 ESTABLISHED 1983 www.advancedroofing.com 800 638.6869 TEL 954.522.6868 FAX 954.566.2967 1950 NW 22nd Street | Fort Lauderdale| Florida 33311 PERSONAL RESUME Robert Kornahrens CEO, President Founder of Advanced Roofing Inc. and oversees all company operations. EXPERIENCE Rob Kornahrens is a leader in the commercial roofing industry for more than 40 years. Before starting Advanced Roofing in 1983, he worked with Triple M Roofing Corporation in New York. During his tenure at Triple M, Rob held numerous field positions and was eventually promoted to Branch Manager where he was responsible for opening and operating new branches in both Atlanta and Fort Lauderdale. EDUCATION B.S. Degree in Business Administration from University of Arizona, 1979 ASSOCIATIONS The Executive Association of Fort Lauderdale- Past President WinterFest Board of Directors-Chairman Construction Executive Association- Past President Broward Workshop RoofConnect founding Member/ Chairman of the S.W.A.T. Team NRCA – National Roofing Contractors Assocation Center for Environmental Invention in Roofing Board Member TEC Group -12 year member FRSA – Florida Roofing & Sheet Metal Association RCASF LICENSES Roofing Contractor #CCC024413 General Contractor #CGC1507377 1020 CC-C024413 ESTABLISHED 1983 PERSONAL RESUME www.advancedroofing.com 800 638.6869 TEL 954.522.6868 FAX 954.566.2967 1950 NW 22nd Street | Fort Lauderdale| Florida 33311 Michael W. Kornahrens Vice President of Advanced Roofing & President of Advanced Green Technologies EXPERIENCE Advanced Roofing, Inc. Executive Vice President 2015-Present Advanced Roofing is ranked as the largest commercial re-roofing company in Florida and top 10 in North America by Roofing Contractor Magazine. Michael managed large-scale commercial re- roofing projects and is responsible for all aspects of ARI’s daily business including business development, design and engineering, product selection, overseeing project management staff, and high level operations supervision and directions. Advanced Green Technologies President: 2008-Present As Co- Founder and President of Advanced Green Technologies, Michael Kornahrens develops and implements strategies, relationships and standards for the organization in the United States and Canada. His experience includes developing solar rooftop and ground mounted designs, coordinating subcontractors, and managing solar system installations. To date, Michael is responsible for successfully completing more than 250 Megawatts of renewable energy projects in North America and the Caribbean, and is a driving force behind why Solar Builder Magazine has chosen Advanced Green Technologies as a Top Solar Contractor in North America 2012-15. EDUACATION •B.S. Degree in Business Administration from Florida Atlantic University •Florida Roofing Contractor License 1021 CC-C024413 ESTABLISHED 1983 www.advancedroofing.com 800 638.6869 TEL 954.522.6868 FAX 954.566.2967 1950 NW 22nd Street | Fort Lauderdale| Florida 33311 PERSONAL RESUME Clinton A. Sockman, CSI, CDT Vice President of Business Development & Renewable Energy Clint joined Advanced Roofing in June 2004 as an Estimator and Project Manager. Through his extensive knowledge and expertise in solar photovoltaic roof systems, he was promoted to Vice President of Renewable Energy and oversees all of our solar projects. Mr. Sockman is responsible for all aspects of ARE’s daily business including business development, design and engineering, product selection, overseeing project management staff, and high level operations supervision and directions. EXPERIENCE Over 15 years in commercial, industrial and government related roofing industry. Coming from a strong commercial roofing background Mr. Sockman brings over twelve (12) million square feet of successful commercial roofing project experience and over three (3) megawatts (mW) of successful photovoltaic installation experience valued at over $70M dollars to the Advanced Renewable Energies team. EDUCATION University of Cincinnati, Information Systems with minor in International Business LICENSES •State of Florida Certified Solar Contractor: CVC56792 •State of Florida Certified Roofing Contractor: CCC1329557 •State of Florida Certified General Contractor License # CGC1521128 •NABCEP License #PV-101913-002781 ACCREDITATIONS North American Board of Certified Energy Practitioners (NABCEP) Certified Installer Occupational Safety and Health Administration (OSHA) 30 HR Certified Construction Specifications Institute Construction Documents Technologist (CDT) American Society of Professional Estimators Solar Energy International – Solar Electric Grid Direct Design Baker Communications: Win-Win Negotiations for Purchasing Foster Learning: Working Sales and Management Series Center for Customer Focus: Dynamics of Customer Focus 1022 CC-C024413 ESTABLISHED 1983 PERSONAL RESUME www.advancedroofing.com 800 638.6869 TEL 954.522.6868 FAX 954.566.2967 1950 NW 22nd Street | Fort Lauderdale| Florida 33311 David M. Baytosh Vice President of Construction Division David joined Advanced Roofing, Inc. in 2004 as a Construction Manager making his way up to the Vice President of our Construction Division. David is in charge of the production, quality control and safe operation of the roofing, sheet metal, logistics, fleet and warehouse division. EXPERIENCE David has over 30 years in commercial and industrial roofing industry. He began his roofing career with a home improvement company installing shingles in 1986. Next, he joined a large commercial and industrial roofing company based in Youngstown, Ohio where he began as a roofing apprentice and worked his way up to a project supervisor prior to joining Advanced Roofing, Inc., Versatile in numerous roofing systems, David is also knowledgeable of their respective manufacturer specifications. EDUCATION • Youngstown State University, Youngstown, Ohio – Undergraduate Curriculum / 2 Years • Graduate Ursuline Catholic High School, Youngstown, Ohio • 30 Hours OSHA card • 10 Hours OSHA card • Safety Trainings for Fall Protection, Forklift & Mobile Crane Safety Training, NRCA CERTA Torch Application Course, Asbestos Removal, Hazard Communication, National Council CPR and First Aid. • Apprentice Program for the International Roofers, Waterproofers and Allied Workers Roofers Union 1990 - Present • Dale Carnegie Leadership Training for Managers, Registered installer – AGT Unisolar PV Panels TOP FIVE JOBS 1. School Board of Broward County / Various Schools totaling over 1,400,000 SF Contact: Meghan Gallagher, Project Manager II 2. Palm Springs Mile Shopping Center totaling over 650,000 SF Contact: Diana Marrone, Senior Vice President 3. Sun-Sentinel Newspaper totaling over 250,000 SF Contact: Daniel Reynolds, G. & E. Enterprises, Inc., President 4. Miami Herald Newspaper totaling over 105,000 SF Contact: Gus Perez, Director of Operations & Facilities 5. Miami International Commerce Center totaling over 780,000 SF Contact: Van L. Antle, Adler Management Services, Inc. Property Manager 1023 CC-C024413 ESTABLISHED 1983 www.advancedroofing.com 800 638.6869 TEL 954.522.6868 FAX 954.566.2967 1950 NW 22nd Street | Fort Lauderdale| Florida 33311 PERSONAL RESUME Glenn Watson Quality Control Manager Glenn works with our existing operation unit and divisional managers to create and administer a formalized quality control and quality assurance program along with enhanced training and educational programs for existing workforce. Focus of efforts is to provide unified and high quality product to client throughout our entire books of business. PAST EXPERIENCE Senior Technical Representative – Johns Manville – Worked with contractor, owner, architect, consultants, attorneys. Performing routine inspections of ongoing roofing installation projects throughout the United States, the Caribbean, and parts of Europe. Focus of inspection was specification conformance and workmanship quality. Also provided contractor training and product demonstration throughout the country. Facility Coordinator - Duval County School Board – responsible for waterproofing and re-roofing construction and maintenance for 177 facilities throughout the district. Performed and hired out third party evaluations and construction / maintenance efforts of facilities cataloging levels of need for efficient and impactful spending of limited resources to maintain facility roofing and waterproofing in order to meet state and national standards. EDUCATION High School Diploma - Baker County High School Florida State College at Jacksonville Under graduate University of Phoenix AA Business Administration CERTIFICATIONS •NRCA Pro-Certification Instructor and Assessor •NRCA CERTA Instructor •NCCER Core Curriculum Instructor •OSHA 10 1024 CC-C024413 ESTABLISHED 1983 www.advancedroofing.com 800 638.6869 TEL 954.522.6868 FAX 954.566.2967 1950 NW 22nd Street | Fort Lauderdale| Florida 33311 PERSONAL RESUME Jessica Kornahrens Project Manager Jessica joined Advanced Roofing, Inc. in 2001. As a Project Manager, Jessica handles the management of multiple projects on time, within budget, and to the satisfaction of the client; from project turnover through project close out. She serves as a liaison to customers, consultants, architects, subcontractors and vendors. Secures all required Engineering and permitting; prepares submittals; negotiates, selects and coordinates subcontractors; orders materials; creates project books; administers job hand-off with Construction Managers; schedules and attends pre-construction meeting; reviews weekly job budgets and forecasts accordingly; prepares billings and change orders; and arranges warranty and close out documentation. EXPERIENCE During her tenure at Advanced she has held numerous positions in many areas of the company. She has learned all aspects of the business by starting out as a Receptionist, and working up to Office Manager and Contract Administrator. In 2006, Jessica was promoted to Project Manager and also became a State Certified Roofing Contractor. She also is the Qualifier for Advanced Roofing in the State North Carolina and Virginia. EDUCATION •Bachelor of Science Degrees in Business Management & Psychology, Florida State University, Tallahassee, FL •High School Diploma, Cardinal Gibbons High School, Fort Lauderdale, FL •Florida Certified Roofing Contractor License # CCC1328111 •North Carolina General Contracting (Roofing Classification) License # 66223 TOP FIVE ROOFING JOBS 1.Westin Diplomat - 174,500 square feet Contact: Sharon Zamjoski, R.A., NCARB, Capital Projects Manager 2.School Board of Broward County – 13 Schools totaling over 773,000 square feet Contact: Meghan Gallagher, SBBC Project Manager I 3.Miami International Airport - Various Projects Contact: Tom Hart, Miami Dade Aviation Department, Project Manager II 4.U.S. Citizenship and Immigration Services, West Palm Beach Office – 37,900 square feet Contact: Chad Moss, Moss Construction, Senior Vice President 5.Kenland Walk IV Condominium Building 3 - 18,500 square feet Contact: Marina Paez, Secretary of the Board 1025 CC-C024413 ESTABLISHED 1983 www.advancedroofing.com 800 638.6869 TEL 954.522.6868 FAX 954.566.2967 1950 NW 22nd Street | Fort Lauderdale| Florida 33311 PERSONAL RESUME Bryan Cardona Corporate Safety Director EXPERIENCE Bi-lingual and award winning safety professional with 13 years of construction and risk management experience with a strong foundation in managing insurance related risks, loss control, mitigating loss, and well versed in various aspects of regulatory compliance specializing in occupational health & safety, and program development. Strengths include: Health and safety program development OSHA compliance Bi-Lingual (English and Spanish) Safety Training Claims management (WC/GL/AL) Owner and Contractor Controlled Insurance Programs Regulatory Compliance Assessments Accident Investigations ADVANCED ROOFING, INC. 2013-Present Safety Director Responsible for the development and implementation of the corporate health and safety program for a nationally recognized commercial roofing company with over 400 employees and six locations throughout the state of Florida Exceeded annual Advanced Roofing health and safety goals to achieve an annual reduction in total recordable incident rates: •TRIR 6.9 (2013) to TRIR 1.71 (2017) – BLS TRIR 5.6 (2016) EMR reduced by 40% •1.02 (2013) to 0.56 (2018) Company representative for safety and health regulatory compliance local and federal (OSHA) Created and implemented a mandatory 4-hour new hire safety orientation Trained, managed and mentored company safety coordinators. Currently employing four safety coordinators that are responsible for the following •Jobsite Safety Evaluations •Preconstruction safety walkthrough 1026 CC-C024413 ESTABLISHED 1983 PERSONAL RESUME www.advancedroofing.com 800 638.6869 TEL 954.522.6868 FAX 954.566.2967 1950 NW 22nd Street | Fort Lauderdale| Florida 33311 Steve Schoen Director of Government Services Steve joined Advanced Roofing in 2019 and is responsible for overseeing all Governmental Term-Contracts and current National Cooperative Procurement Contracts along with Government Sector Business Development. EXPERIENCE Steve has over 30 years of commercial roofing experience which started in 1982 to support his educational goals and later lead to a long career as an independent roof consultant. He has worked with large companies and governmental clients throughout North America and is an expert in Roof Asset Management and Commercial Roof Design. EDUACATION • B.S. in Organizational Communications with a minor in Business Administration, University of Wisconsin, 1987Florida Roofing Contractor License 1027 CC-C024413 ESTABLISHED 1983 www.advancedroofing.com 800 638.6869 TEL 954.522.6868 FAX 954.566.2967 1950 NW 22nd Street | Fort Lauderdale| Florida 33311 •Site specific safety planning •Accident investigation and reporting •Safety training - Orientation, Fall Protection, LOTO, Forklift, Aerial lift and platforms, CPR/First aid/AED, PPE safety, HAZCOM-GHS, Ladder safety, Defensive Driving Course DDC4, Respirable Crystalline Silica Provide project specific safety guidance to Estimators, Project Managers and Construction Managers Track and record incidents with the purpose of creating a bi-monthly safety analysis that includes current and possible future trends Conduct a bi-monthly safety committee meeting with the goal of creating and implementing proactive safety measures to reduce exposures to hazards for our employees and clients Founding member of the driver safety committee; tasked with setting performance goals, accident review, enhancements, disciplinary actions and safety education CERTIFICATIONS & AWARDS Authorized OSHA 500 Construction Bi-Lingual Instructor Authorized OSHA 501 General Industry Bi-Lingual Instructor Associated General Contractors of America: Advanced Safety Management Certificate National Roofing Contractors Association: CERTA Instructor Roofing Torch Application EMS CPR/First Aid/AED Adult & Child Instructor Qualified Rigger and Signal Person Competent Person: •Scaffold erecting •Ladders •Excavations and trenching •Respirable Crystalline Silica FRSA Asbestos Competent Person 2017 Construction Association of South Florida Safety Professional of the Year 1028 1029 1030 January 1, 2024 RE: ADVANCED ROOFING INC. (ARI) - Risk Management/Insurance Protection We are the risk advisor for Advanced Roofing, Inc. The purpose of our correspondence is to share with you some of the highlights of the Advanced Roofing risk management programs. We will be sharing with you some details of the protection Advanced Roofing, Inc. provides to their clients to protect your assets. ARI has achieved an A+ superior risk management rating due to their strict risk and job safety quality controls. ➢RECOGNITION BY INSURER – AXA XL is the Insurance Provider for ARI for several key components of their Insurance Portfolio. AXA XL is the insurance provider of choice for several of the Top 25 Roofing Professionals throughout the country. AXA XL recognizes Advanced Roofing as a “best in class” contractor for ARI’s performance record relative to safety, controlling losses and quality controls. ➢ARI CLIENTS’ ASSET PROTECTION - ARI has a $12M (Auto)/$14M (GL) aggregate limit of insurance protection per accident/incident in the event of a bodily injury or property damage claim that may occur on a jobsite or while ARI operates an automobile on the jobsite. ➢ARI’s exceptional workers’ compensation experience modification rating of .69 allows them to secure reduced insurance rates which, in turn, translates into savings for you, their clients. This .69 rating is 31 points better than the average roofing contractor, and places ARI in the top 2 percentile of Roofing Professionals, nationwide, from a performance rating perspective. Advanced Roofing, Inc. has a full-time safety director, an assistant safety director (CHST designation from BCSP), three safety professionals who are assigned to the different regions of the state, 8 active CERTA trainers, two safety professionals who are CPR/First Aid/AED Trainers, and a risk manager that aggressively manages their internal, as well as managing their clients’ risk during their construction projects. Advanced Roofing, Inc. believes deeply in educating and training their roofing mechanics to deliver the quality and workmanship your roofing asset deserves. The ARI training program separates them from many other roofing professionals. This past year alone, Advanced Roofing, Inc. has conducted the following training programs: Robert P. Foote, President Frank H. Furman, Inc. 1314 E. Atlantic Blvd. Pompano Beach, FL. 33060 Main: 954.943.5050 Toll Free 800.344.4838 Mobile: 954.609.0820 Rob@furmaninsurance.com 1031 P a g e | 2 Commercial & Personal Insurance  Employee Benefits  Risk Management  OSHA Compliance ➢Employees have received the OSHA 10-hour training to promote safety competency. ➢Foremen and Construction Managers have received the OSHA 30-Hour training. ➢Employees have been trained in Certified Roofing Torch Applicators (CERTA). ➢Foremen and Managers have completed Respirable Crystalline Silica OSHA training. ➢Foremen, leadmen, and supervisors have received Mobile Elevated Working Platforms training. ➢Foremen and leadmen received Crane Rigging and Signaling OSHA certification. ➢Foremen and Construction Managers received certification in first aid and CPR. ➢557 safety inspections with an 86% success rate. ➢All approved drivers have attended the National Safety Council Defensive Driving Course. ➢ARI Safety Department conducts new hire safety training at 7 a.m. Mondays and Thursdays every week. ➢GENERAL LIABILITY PROTECTION – $2M Per Occurrence/$4M General Aggregate/$4M Products and Completed Operations Aggregate. Advanced Roofing has the following protection included in their general liability portfolio of protection: o Habitational/Residential – Including Multi-Family o Torch Coverage o “Hot” Applied Roof System Coverage o Unlimited Building Height Protection o Water Damage Coverage ➢AUTOMOBILE PROTECTION – ARI has an occurrence limit on the commercial automobile protection of $12M in the event there is a covered bodily injury or property damage on your jo b site stemming from Advanced Roofing’s operations. (Carrier A + Superior rated A.M. Best Co.) ➢COMMERCIAL UMBRELLA – Advanced Roofing has a $10M limit of liability. (Starr Indemnity & Liability Company is A.M. Best rated A Excellent). Their umbrella provides protection above their underlying general liability and auto protection. ➢INSTALLATION FLOATER – BUILDERS’ RISK – ARI has secured $5.5M in protection for certain stored materials that are to be installed on your job site, with a $15M aggregate. This protection reduces the economic loss to you, the owner of the project, during the course of construction. ➢MOLD/POLLUTION LIABILITY PROTECTION – ARI has secured $2M limits per claim/$2M Aggregate of liability to protect you, the owner, in the event that there is a covered caus e of loss stemming from mold, algae, fungi, etc. as a result of the roofing operations of ARI. This highly specialized coverage illustrates to you, the owner, that ARI is serious about protecting your assets during the course of the construction project. ➢THEFT – ARI’s Crime Policy includes Theft of Client Property While on the Client Property in the amount of $500,000 and includes money, securities, or other tangible property. ➢EMPLOYMENT PRACTICES LIABILITY – ARI’s $1M Employment Practices Liability Policy includes Third Party Coverage, affording coverage should ARI customers claim wrongful conduct. 1032 P a g e | 3 Commercial & Personal Insurance  Employee Benefits  Risk Management  OSHA Compliance ➢CYBER LIABILITY – ARI has Cyber Theft for any ARI customer whose company or personal information is stolen or damaged through a hack on ARI’s system, with limits of $1M. When you are investing in a roofing system, we encourage you to explore deeper than what is the cost of the roof. Advanced Roofing’s commitment to quality and the experience they deliver places them at the top of the roofing profession. ARI is recognized for their industry accomplishments as well as for reinvesting back to the community and environment. Experience Does Matter! Whether it be service, maintenance, new construction, re-roofing, repairs, or retro-fit, ARI has a solid portfolio of insurance protection in order to responsibly protect your project’s building assets Sincerely, Robert P. Foote, President CPCU, ARM, AIM, CRIS, AFSB RF:mr 1033 Robert P. Foote, President Frank H. Furman, Inc. 1314 E. Atlantic Blvd. Pompano Beach, FL. 33060 Main: 954.943.5050 Toll Free 800.344.4838 Mobile: 954.609.0820 Rob@furmaninsurance.com December 12, 2023 Advanced Roofing Inc. 1950 NW 22 Street Ft. Lauderdale, FL 33311 To Whom It May Concern: As the insurance advisors for Advanced Roofing, Inc., we submit this letter of confirmation of three years’ Workers’ Compensation Experience Modification Rates: POLICY TERM NCCI RATING 1/1/2024 .69 1/1/2023 .58 1/1/2022 .63 If additional information required, please contact Mel Rhinehardt, Account Manager at 954-943-5050 ext. 207, or email at mel@furmaninsurance.com Sincerely, Robert P. Foote, CPCU, ARM, AIM, CRIS, AFSB President rob@furmaninsurance.com Commercial & Personal Insurance | Employee Benefits | Risk Management | OSHA Compliance 1034 Atlantic Specialty Insurance Company 605 Highway 169 N, Suite 800 Plymouth, MN 55441 January 2, 2024 RE: Advanced Roofing, Inc. Letter of Bondability To Whom It May Concern: Advanced Roofing, Inc. is a highly regarded and valued client of American Global and Atlantic Specialty Insurance Company and is capable of providing Performance and Payment Bonds in the amount of $40 million for any single contract and $150 million in the aggregate. Atlantic Specialty Insurance Company is rated by AM Best as A+ (Superior), Class XV and is licensed to do business in all 50 States. Naturally, we would expect that the execution of any final bonds would be subject to our normal underwriting review of the final contract terms and conditions by our client and ourselves. If we can provide any further assurances or assistance, please do not hesitate to call upon us. This letter does not constitute an assumption of liability, and we assume no liability to you or to any third parties by the issuance of this letter. Sincerely, William Grefe Griffin Attorney In Fact American Global, LLC 900 South Pine Island Road, Suite 210 Plantation, FL 33324 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 Florida's Premiere Commercial Roofing Contractor Committed to Quality To: Gail Mootz City of Boynton Beach 124 E. Woolbright Road Boynton Beach, FL33425 561-742-6223 Date: July 8, 2025 Job Name: BOYNTON BEACH - CHILD CARE CENTER Address: 909 NE 3rd Street Boynton Beach, Florida 33434 Reference: Reroof We are pleased to submit the following proposal for your consideration for the Equalis Job Order Contracting, RFP No. RFP No. RFP-R10-1166. We agree to provide all labor, material, tools, equipment and proper insurance with excess liability of twelve (12) million dollars. PERMITTING AND TESTING Permitting and testing that is required to secure a roofing permit is included in our bid proposal. The following test will be completed in order to pull your permit: 1. Engineered signed and sealed design wind pressure calculation. 2. Florida Product Approval (FPA) or Miami Dade County Notice of Acceptance (NOA) for the proposed system as required. 3. Roof plan with elevations of deck and parapet walls. 4. Notice of Commencement filing with the county and fees before the start of the project. 5. Provide roof attachment and engineered fastening pattern in accordance with ASCE 7-22 and Florida Building Code 2023 8th Edition Roof Application Standard RAS 127-20/RAS 128-20. 6. Provide engineered attachment of perimeter wood blocking and metal flashing in accordance with Florida Building Code 2023 8th Edition - Roofing Application Standard RAS 111-20. 7. Perform fastener test procedure for field withdrawal resistance in accordance with Florida Building Code 2023 - Testing Application Standard TAS 105-20. 8. Perform drainage survey to verify capacity of existing primary and overflow drains/scuppers in accordance with Florida Building Code 2023 8th Edition Section 1503, 1511.6, 1604.62, Plumbing section 1105, 1106, 1107, ASCE 7-22, Section 8.0 and HVAC Section 1514.4 and 1616. PREPARATORY WORK 1. Cut and remove all existing roofing down to the lightweight concrete deck. Remove only as much roofing in one working day period that can be replaced. Water cut off to be installed at the end of each working day to assure a watertight condition. 2. Remove metal panels at interior side of parapet walls. 3. Remove roofing debris and cart away to the local dump site or landfill. OVERLAY HARD BOARD INSULATION 1. Roof A, C and D Furnish and install 0.5 inch Carlisle Insulbase HD roof deck insulation to entire deck. All boards to be mechanically fastened utilizing coated fasteners and plates to metal deck under LWC. SINGLE PLY ROOFING SYSTEM 1. Roofs A,C and D Furnish and install new Carlisle 60 MIL TPO single ply roof system. New roof system to be mechanically attached in accordance with manufacturer specifications and local building code requirements. 2. Roofs B Furnish and install new Carlisle 115 MIL Fleeceback TPO single ply roof system. New roof system to be adhered to LWC with low rise foam adhesive in a splatter pattern in accordance with manufacturer specifications and local building code requirements. 3. All detail work including vent pipes, roof vents, and other miscellaneous roof projections to be done in accordance with Carlisle standard details. 4. Advanced Roofing, Inc. is an approved applicator of Single Ply Systems for Carlisle. 1095 TPO WALL/CURB FLASHINGS 1. Furnish and install new fully adhered 60 MIL Carlisle Sure-Weld TPO membrane applied to prepared vertical surfaces utilizing solvent based bonding adhesive per manufacturer approved details. MISCELLANEOUS INSTALLATIONS 1. Top of all base flashing to be secured with a 1/8" thick aluminum termination bar. Same to be sealed with a caulk bead of sealant. 2. At low parapets shop fabricate and install new .040 kynar aluminum metal drip edge. Set same in sealant and flash per manufacturer's recommendations. 3. At tall walls sections furnish and install new .040 kynar aluminum pre-fabricated Surface Mount Counter-flashing. 4. Shop fabricate and install new TPO Clad Metal overflow or flow-thru parapet wall scupper drains at existing scuppers. 5. Furnish and install new pre-manufactured Split Pipe Boot flashing at pipe and stand leg penetrations. Flashing to be heat welded to membrane, and caulked and clamped at top side. 6. Furnish and install new unsupported single ply membrane field-manufactured flashing at abnormal shaped penetrations. Flashing to be heat welded to membrane and caulked and clamped at top side. 7. A/C condenser units currently resting on wood sleepers, are to be raised onto new aluminum hurricane stands per city code. 8. This work to be performed by Advanced Roofing, Inc.'s "in-house" state licensed Air Conditioning Division. 9. New electrical disconnect boxes are not included in our prices. 10. Shop fabricate and install .040 kynar aluminum slip counterflashing for the following: package a/c units on existing curbs 11. City or county roofing permit, crane and sales tax are included. 12. Digitized roof drawing and photographs depicting work areas and details for this work scope are attached. 13. Furnish and install new TPO walkway pads at the service side of existing HVAC units and at one side of AC units on racks CLARIFICATION & EXCLUSIONS 1.All costs associated with utility line interface with roofing activities are excluded from this proposal. If utilities exist on the roof it is the owner’s responsibility to pay for any required utility protection, shutdown, and standby power to allow for ARI to safely execute the project. 2.Recover scope of work contingent upon acceptable moisture survey/bonded uplift test results per local building code requirements. 3.This proposal includes a $ 6.000 allowance for work required to correct unseen deficient conditions. GUARANTEE Twenty (20) year No Dollar Limit (NDL) guarantee on materials and labor by Carlisle. CONTRACTOR'S WARRANTY Two (2) year guarantee on materials and labor by Advanced Roofing, Inc. 1096 Unit Detail Report CLINT SOCKMAN Advanced RoofingPrepared By: Boynton Beach Child Care Reroof Year 2025 Quarter 2 Date: 07/07/2025 Cost Estimate Report LineNumber Quantity Unit Description Total Incl. O&P Ext. Total Incl. O&P General RequirementsDivision 01 2.00 Week $3,175.00 $6,350.00013113200160Field personnel, general purpose laborer, average 1.00 Week $3,749.00 $3,749.00013113200200Field personnel, project manager, average 4.00 Week $3,725.00 $14,900.00013113200260Field personnel, superintendent, average 4.00 Week $2,709.47 $10,837.88015433402055Rent forklift,pnm tire,all terr,tele boom, 6600 lb, 29' reach, 42' lift, Incl. Hourly Oper. Cost. 1.00 Day $4,050.20 $4,050.20015433602400Rent crane truck mounted, hydraulic, 12 ton capacity, Incl. Hourly Oper. Cost. 2.00 Ea.$1,065.00 $2,130.00015436501400Mobilization or demobilization, delivery charge for equipment, hauled on 20-ton capacity towed trailer Division 01 $42,017.08General Requirements Subtotal Existing ConditionsDivision 02 2.00 Week $800.00 $1,600.00024119190800Selective demolition, rubbish handling, dumpster, 30 C.Y., 7 ton capacity, weekly rental, includes one dump per week, cost to be added to demolition cost Division 02 $1,600.00Existing Conditions Subtotal Thermal and Moisture ProtectionDivision 07 504.00 L.F.$1.06 $534.24070505100020Selective demolition, thermal and moisture protection, caulking/sealant, to 1" x 1" joint 960.00 S.F.$2.18 $2,092.80070505100220Selective demolition, thermal and moisture protection, flashing, sheet metal 51.00 Sq.$82.00 $4,182.00070505104420Selective demolition, thermal and moisture protection, roofing, single ply membrane, fully adhered 1,495.00 S.F.$1.57 $2,347.15070505105880Selective demolition, thermal and moisture protection, steel siding, corrugated/ribbed 1 1097 LineNumber Quantity Unit Description Total Incl. O&P Ext. Total Incl. O&P 4,300.00 S.F.$0.63 $2,709.00070505106020Selective demolition, thermal and moisture protection, waterproofing, to 1/2" thick 1,500.00 S.F.$2.38 $3,570.00072216100018Roof deck insulation, asphaltic cover board, fiberglass lined, 1/4" thick, fastening excluded 4,300.00 S.F.$2.14 $9,202.00072216100810Roof deck insulation, gypsum cover board, fiberglass mat faced, 1/2" thick, fastening excluded 2,358.00 Ea.$1.02 $2,405.16072216103040Roof deck insulation, fastening alternatives, coated screws, 10" 1,567.00 Ea.$1.27 $1,990.09072216103050Roof deck insulation, fastening alternatives, pre-drill and drive wedge spike, 2-1/2" 800.00 Ea.$0.35 $280.00072216103075Roof deck insulation, fastening alternatives, 3" galvanized deck plates 49.00 Sq.$225.00 $11,025.00072216103120Roof deck insulation, fastening alternatives, 6" OC beads, low-rise polyurethane 43.00 Sq.$52.05 $2,238.15072613100900Vapor retarders, building paper, polyethylene vapor barrier, standard, 6 mil (.006" thick), 9' x 400' roll 90.00 S.F.$0.48 $43.20075216102010SBS modified bituminous membrane, elastomeric asphalt primer 14.00 Ea.$47.50 $665.00075416100180Ketone ethylene ester roofing, accessories, pipe boot 195.00 S.F.$7.12 $1,388.40075416100240Ketone ethylene ester roofing, accessories, walkway pad 72.00 Sq.$287.10 $20,671.20075423100200Thermoplastic-polyolefin roofing (TPO), 60 mils, heat welded seams, fully adhered 51.00 Sq.$484.10 $24,689.10075423100400Thermoplastic-polyolefin roofing (TPO), 115 mils, heat welded seams, fully adhered 400.00 S.F.$11.45 $4,580.00076510100200Sheet metal flashing, aluminum, flexible, mill finish, .040" thick, including up to 4 bends 400.00 S.F.$11.45 $4,580.00076510100200Sheet metal flashing, aluminum, flexible, mill finish, .040" thick, including up to 4 bends 560.00 S.F.$12.54 $7,022.40076510100300Sheet metal flashing, aluminum, flexible, mill finish, .050" thick, including up to 4 bends 960.00 S.F.$0.59 $566.40076510100400Sheet metal flashing, aluminum, flexible, mill finish, .013" thick, including up to 4 bends, painted finish, add 1.00 $6,125.32 $6,125.32076510109200Sheet metal flashing, stainless steel, flexible sheets, including up to 4 bends, for mechanically keyed flashing, add 504.00 L.F.$7.53 $3,795.12079213203000Joint sealants, caulking and sealants, polysulfide compounds, in place, 1 or 2 component, 38 LF per gal, 1" x 1/2" Division 07 $116,701.73Thermal and Moisture Protection Subtotal PlumbingDivision 22 16.00 Job $236.00 $3,776.00221426139000Roof drain, minimum labor/equipment charge Division 22 $3,776.00Plumbing Subtotal Heating, Ventilating, and Air Conditioning (HVAC)Division 23 2 1098 LineNumber Quantity Unit Description Total Incl. O&P Ext. Total Incl. O&P 1.00 Job $37,900.00 $37,900.00230502001000Heating general, subcontractor quote Division 23 $37,900.00Heating, Ventilating, and Air Conditioning (HVAC) Subtotal 0.00%$0.00 Subtotal General Contractor's Markup on Subs $201,994.81 $201,994.81Subtotal General Conditions 5.00%$10,099.74 $212,094.55Subtotal General Contractor's Overhead and Profit 0.00% $212,094.55Grand Total $0.00 3 1099 Project Name:Dept./Location:Public Works Project #: Project Type:Improv/Renovation Amount Project G/L #:249,141$ Project Manager:Kevin Ramsey Design Construction Project Duration:120 days PROJECT DESCRIPTION PROJECT PICTURE (Copy and Paste or Insert) BUSINESS CASE DISTRICT 2 PROJECT SCHEDULE PROJECT CRITERIA Estimated Actual Estimated Actual Replacement of Facilities/Equipment (New) x Planning / Study August Expansion of Facilities (Modification) x Design October Enhance Service to Public x Contract Advertise/Award Regulatory or Commission Mandate Construction Reduce Costs Project In Service Date Generate Revenue x Health & Safety x PROJECT PRIORITY High x Critical - tied to mandates or safety Security / Fire Control x Medium Maintain level of service, operational savings ADA Complaince x Low Moderate benefit RISK / CHALLENGES SOURCE OF FUNDS Prior Years FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 Project Total General Gov't CIP Fund (302) $0 $250,000 $250,000 Local Gov't Surtax Cap Fund (303) $0 $0 $0 $0 $0 $0 Local Option Gas Tax (104) $0 $0 $0 $0 $0 $0 $0 Parks & Rec Trust Fund (141) $0 $0 $0 $0 $0 $0 $0 Rec Program Revenue Fund (172) $0 $0 $0 $0 $0 $0 $0 Public Service Debt Fund (207) $0 $0 $0 $0 $0 $0 $0 Utility Cap Improv Fund (403) $0 $0 $0 $0 $0 $0 $0 Utility Cap Fees (404) $0 $0 $0 $0 $0 $0 $0 Golf Fund (411) $0 $0 $0 $0 $0 $0 $0 Debt $0 $0 $0 $0 $0 $0 $0 Grants / Donations $0 $0 $0 $0 $0 $0 TOTAL $0 $250,000 $0 $250,000 USE OF FUNDS Prior Years FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 Project Total Planning/Design $0 $0 $0 $0 $0 Construction $0 $250,000 $0 Furniture & Equipment $0 $0 $0 $0 $0 $0 Technology Software/Hardware $0 $0 $0 $0 $0 $0 $0 Art (1% of Construction) $0 $0 $0 $0 $0 $0 $0 Contingency $0 $0 $0 $0 $0 $0 $0 Program Management $0 $0 $0 $0 $0 $0 $0 TOTAL $0 $0 $250,000 $0 Impact on Operating Budget Prior Years FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 CRA $0 $0 $0 $0 $0 $0 Personnel $0 $0 $0 $0 $0 $0 Other Operating $0 $0 $0 $0 $0 $0 Supplies $0 $0 $0 $0 $0 $0 Capital Outlay $0 $0 $0 $0 $0 TOTAL $0 $0 $0 $0 $0 Submitted by:Kevin Ramsey June 30th,2025 Dept. Director:Department Director Feb 6 2025 Capital Improvement Program Project Information & Financial Plan Form Re Roof the 11,000 Square Foot PW AUX Building (Formally known as the Childcare Building located at 909 NE 3rd Street This building will now be repurpose to house the Operational and Administration managemenmt as well as the Park rangers Division PW AUX Building RE ROOF The Replacenet of this roof is the first critical path item in order to retrofit this building to allow staff to occupy and operate the Public Works department. The risk of maintaining operations as they current exists leave inefficiencies in place that could otherwise be eliminated by bringinig the whole Department with thier Division leads into one centralized location. 302-4116-580.62-01 Start Completion S:\PW\PW Finance\Agenda requests\CIP\PW Re Roofing\Cip Template Blank:FY2122 Project Sheet 6/30/2025 1100 EBUF!)NN0EE0ZZZZ* DFSUJGJDBUF!PG!MJBCJMJUZ!JOTVSBODF UIJT!DFSUJGJDBUF!JT!JTTVFE!BT!B!NBUUFS!PG!JOGPSNBUJPO!POMZ!BOE!DPOGFST!OP!SJHIUT!VQPO!UIF!DFSUJGJDBUF!IPMEFS/!UIJT DFSUJGJDBUF!EPFT!OPU!BGGJSNBUJWFMZ!PS!OFHBUJWFMZ!BNFOE-!FYUFOE!PS!BMUFS!UIF!DPWFSBHF!BGGPSEFE!CZ!UIF!QPMJDJFT CFMPX/!!UIJT!DFSUJGJDBUF!PG!JOTVSBODF!EPFT!OPU!DPOTUJUVUF!B!DPOUSBDU!CFUXFFO!UIF!JTTVJOH!JOTVSFS)T*-!BVUIPSJ\[FE SFQSFTFOUBUJWF!PS!QSPEVDFS-!BOE!UIF!DFSUJGJDBUF!IPMEFS/ JNQPSUBOU;!!Jg!uif!dfsujgjdbuf!ipmefs!jt!bo!BEEJUJPOBM!JOTVSFE-!uif!qpmjdz)jft*!nvtu!ibwf!BEEJUJPOBM!JOTVSFE!qspwjtjpot!ps!cf!foepstfe/ Jg!TVCSPHBUJPO!JT!XBJWFE-!tvckfdu!up!uif!ufsnt!boe!dpoejujpot!pg!uif!qpmjdz-!dfsubjo!qpmjdjft!nbz!sfrvjsf!bo!foepstfnfou/!!B!tubufnfou!po uijt!dfsujgjdbuf!epft!opu!dpogfs!sjhiut!up!uif!dfsujgjdbuf!ipmefs!jo!mjfv!pg!tvdi!foepstfnfou)t*/ DPOUBDUQSPEVDFSOBNF; GBYQIPOF B0D-!Op*; B0D-!Op-!Fyu*; F.NBJM BEESFTT; JOTVSFS)T*!BGGPSEJOH!DPWFSBHFOBJD!$ JOTVSFS!B!; JOTVSFE JOTVSFS!C!; JOTVSFS!D!; JOTVSFS!E!; JOTVSFS!F!; JOTVSFS!G!; DPWFSBHFTDFSUJGJDBUF!OVNCFS;SFWJTJPO!OVNCFS; UIJT!JT!UP!DFSUJGZ!UIBU!UIF!QPMJDJFT!PG!JOTVSBODF!MJTUFE!CFMPX!IBWF!CFFO!JTTVFE!UP!UIF!JOTVSFE!OBNFE!BCPWF!GPS!UIF!QPMJDZ!QFSJPE JOEJDBUFE/!!OPUXJUITUBOEJOH!BOZ!SFRVJSFNFOU-!UFSN!PS!DPOEJUJPO!PG!BOZ!DPOUSBDU!PS!PUIFS!EPDVNFOU!XJUI!SFTQFDU!UP!XIJDI!UIJT DFSUJGJDBUF!NBZ!CF!JTTVFE!PS!NBZ!QFSUBJO-!UIF!JOTVSBODF!BGGPSEFE!CZ!UIF!QPMJDJFT!EFTDSJCFE!IFSFJO!JT!TVCKFDU!UP!BMM!UIF!UFSNT- FYDMVTJPOT!BOE!DPOEJUJPOT!PG!TVDI!QPMJDJFT/!MJNJUT!TIPXO!NBZ!IBWF!CFFO!SFEVDFE!CZ!QBJE!DMBJNT/ BEEMTVCSJOTSQPMJDZ!FGGQPMJDZ!FYQUZQF!PG!JOTVSBODFMJNJUTQPMJDZ!OVNCFSMUS)NN0EE0ZZZZ*)NN0EE0ZZZZ* JOTEXWE DPNNFSDJBM!HFOFSBM!MJBCJMJUZ FBDI!PDDVSSFODF% EBNBHF!UP!SFOUFE DMBJNT.NBEFPDDVS% QSFNJTFT!)Fb!pddvssfodf* NFE!FYQ!)Boz!pof!qfstpo*% QFSTPOBM!'!BEW!JOKVSZ% HFO(M!BHHSFHBUF!MJNJU!BQQMJFT!QFS;HFOFSBM!BHHSFHBUF% QSP. 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XPSLFST!DPNQFOTBUJPO TUBUVUFFSBOE!FNQMPZFST(!MJBCJMJUZ Z!0!O BOZQ!SPQSJFUPS0QBSUOFS0FYFDVUJWF F/M/!FBDI!BDDJEFOU% O!0!BPGGJDFS0NFNCFS!FYDMVEFE@ Nboebupsz!jo!OI* F/M/!EJTFBTF!.!FB!FNQMPZFF% Jg!zft-!eftdsjcf!voefs F/M/!EJTFBTF!.!QPMJDZ!MJNJU% EFTDSJQUJPO!PG!PQFSBUJPOT!cfmpx EFTDSJQUJPO!PG!PQFSBUJPOT!0!MPDBUJPOT!0!WFIJDMFT!!)BDPSE!212-!Beejujpobm!Sfnbslt!Tdifevmf-!nbz!cf!buubdife!jg!npsf!tqbdf!jt!sfrvjsfe* DFSUJGJDBUF!IPMEFSDBODFMMBUJPO TIPVME!BOZ!PG!UIF!BCPWF!EFTDSJCFE!QPMJDJFT!CF!DBODFMMFE!CFGPSF UIF!FYQJSBUJPO!EBUF!UIFSFPG-!OPUJDF!XJMM!CF!EFMJWFSFE!JO BDDPSEBODF!XJUI!UIF!QPMJDZ!QSPWJTJPOT/ BVUIPSJ\[FE!SFQSFTFOUBUJWF ª!2:99.3126!BDPSE!DPSQPSBUJPO/!!Bmm!sjhiut!sftfswfe/ BDPSE!36!)3127014*Uif!BDPSE!obnf!boe!mphp!bsf!sfhjtufsfe!nbslt!pg!BDPSE 1101 City of Boynton Beach Agenda Item Request Form 7.G Consent Bids and Purchases 08/19/2025 Meeting Date: 08/19/2025 Proposed Resolution No. R25-225- Approve increasing the annual expenditure on the Purchase Order with Amazon Business for the purchase of supplies on an as-needed basis from $300,000 to an amount not to exceed $450,000. Requested Action: Staff recommends approval of Proposed Resolution No. R25-225. Explanation of Request: On December 19, 2023, the City Commission approved the piggyback renewal with Amazon Business to purchase supplies with an annual expenditure of $300,000. The requested increase of $150,000 per year is necessary to support the continued procurement of essential supplies for all City Departments. These supplies include, but are not limited to, IT hardware, office supplies, library program materials, police and fire equipment, utility tools, and hard-to-source fleet parts. This funding is critical to ensure that departments can maintain operations and perform their core functions without disruption. The additional amount will allow the City to meet ongoing demand and avoid delays in service delivery due to supply shortages. This purchase agreement piggybacks Omnia Partners On-Line Marketplace Contract. Omnia Partners is a purchasing organization for state and local government, K-12 education, colleges, and universities. All contracts available have been competitively solicited and publicly awarded by a government entity serving as the lead agency, utilizing industry best practices and processes. Piggyback contracts significantly benefit the City of Boynton Beach by providing a cost-effective and efficient way to procure goods and services. By leveraging agreements already in place with other governmental entities, the City can avoid the time- consuming and expensive process of issuing its own competitive bids. This allows quicker access to needed resources while often securing more favorable pricing due to the economies of scale achieved through larger contracts. Additionally, piggybacking ensures the City can tap into pre-vetted vendors who have already been thoroughly evaluated, reducing administrative burdens and risks associated with vendor selection. Ultimately, piggyback contracts streamline procurement, save taxpayer money, and improve the efficiency of City operations. How will this affect city programs or services? This will enable the City to continue to access a source for supplies needed. Budgeted Item: Yes 1102 Account Line Item and Description: Multiple City departments' operating accounts. Fiscal Impact: This action will increase the existing budget by $150,000 for the applicable account(s) supporting Citywide supply purchases. Funding will be provided from available appropriations within the current fiscal year. The adjustment ensures adequate funding for critical supplies needed to maintain uninterrupted operations across all departments. Attachments: R25-225 Agenda_Item_3456- 2025_Resolution_for_Amazon_Business_PO_expenditure_increase.docx Contract_-_Amazon_R-TC-17006_final.pdf Renewal Expiring 1-18-26.pdf 1103 RESOLUTION NO. R25-225 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, APPROVING AN INCREASE IN THE ANNUAL 2 EXPENDITURE OF THE PURCHASE ORDER WITH AMAZON BUSINESS 3 FOR THE PURCHASE OF SUPPLIES ON AN AS-NEEDED BASIS FROM 4 $300,000 TO AN AMOUNT NOT TO EXCEED $450,000; AND FOR ALL 5 OTHER PURPOSES. 6 7 8 WHEREAS, on December 19, 2023, the City Commission approved the piggyback renewal 9 with Amazon Business to purchase supplies with an annual expenditure of $300,000; and 10 WHEREAS, the requested increase of $150,000 is necessary to support the continued 11 procurement of essential supplies for all City departments. These supplies include, but are not 12 limited to, IT hardware, office supplies, library program materials, police and fire equipment, utility 13 tools, and hard-to-source fleet parts; and 14 WHEREAS, this funding is critical to ensure that departments can maintain operations and 15 perform their core functions without disruption. The additional amount will allow the City to meet 16 ongoing demand and avoid delays in service delivery due to supply shortages; and 17 WHEREAS, this purchase agreement piggybacks the Omnia Partners Online Marketplace 18 Contract. Omnia Partners is a purchasing organization for state and local government, K-12 19 education, colleges, and universities. All contracts available have been competitively solicited and 20 publicly awarded by a government entity serving as the leading agency, utilizing industry best 21 practices and processes. Piggyback contracts significantly benefit the City of Boynton Beach by 22 providing a cost-effective and efficient way to procure goods and services. By leveraging 23 agreements already in place with other governmental entities, the City can avoid the time-24 consuming and expensive process of issuing its own competitive bids. This allows quicker access 25 to needed resources while often securing more favorable pricing due to the economies of scale 26 achieved through larger contracts. Additionally, piggybacking ensures the City can tap into pre-27 vetted vendors who have already been thoroughly evaluated, reducing administrative burdens 28 and risks associated with vendor selection. Ultimately, piggyback contracts streamline 29 procurement, save taxpayer money, and improve the efficiency of City operations; and 30 31 1104 RESOLUTION NO. R25-225 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 approve an increase in the annual expenditure 33 of the Purchase Order with Amazon Business for the purchase of supplies on an as-needed basis 34 from $300,000 to an amount not to exceed $450,000. 35 36 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 37 BEACH, FLORIDA, THAT: 38 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 39 being true and correct and are hereby made a specific part of this Resolution upon adoption. 40 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 41 approve an increase in the annual expenditure of the Purchase Order with Amazon Business for 42 the purchase of supplies on an as-needed basis from $300,000 to an amount not to exceed 43 $450,000. 44 SECTION 3. This Resolution shall take effect in accordance with the law. 45 46 47 48 [SIGNATURES ON THE FOLLOWING PAGE] 49 50 1105 RESOLUTION NO. R25-225 PASSED AND ADOPTED this ______________ day of ______________________________ 2025. 51 CITY OF BOYNTON BEACH, FLORIDA 52 YES NO 53 Mayor – Rebecca Shelton _____ _____ 54 55 Vice Mayor – Woodrow L. Hay _____ _____ 56 57 Commissioner – Angela Cruz _____ _____ 58 59 Commissioner – Thomas Turkin _____ _____ 60 61 Commissioner – Aimee Kelley _____ _____ 62 63 VOTE ______ 64 ATTEST: 65 66 _____________________________ ______________________________ 67 Maylee De Jesús, MPA, MMC Rebecca Shelton 68 City Clerk Mayor 69 70 APPROVED AS TO FORM: 71 (Corporate Seal) 72 73 _______________________________ 74 Shawna G. Lamb 75 City Attorney 76 1106 1107 1108 1109 1110 1111 City of Boynton Beach Agenda Item Request Form 7.H Consent Bids and Purchases 08/19/2025 Meeting Date: 08/19/2025 Proposed Resolution No. R25-226- Approve an Agreement with Waste Management Inc. of Florida for Recycling Materials, with an Annual Expenditure not to exceed $490,000. Requested Action: Staff recommends approval of Proposed Resolution No. R25-226. Explanation of Request: The current Interlocal Agreement with Waste Management for the disposal of construction and demolition waste is set to expire on September 15, 2025, and has no remaining renewal options. To ensure continuity of services, the City has negotiated a new agreement with Waste Management Inc. of Florida for processing and disposal at the WMIF Lantana Facility. The facility is fully permitted and licensed by the Solid Waste Authority of Palm Beach County and processes materials using advanced recycling technology. This agreement supports the City’s recycling goals and compliance with applicable environmental regulations, while ensuring the efficient and compliant disposal of materials generated through City operations and projects. This agreement is being procured through an existing Interlocal Agreement (ILA). The ILA, entered into pursuant to section 163.01, Florida Statutes, allows governmental entities to collaborate and leverage shared services to increase efficiency and reduce costs. By utilizing this pre-established agreement, the City is able to streamline the procurement process while ensuring compliance with applicable laws and policies. This method also promotes continuity of service with a proven vendor, eliminates the need for a new solicitation, and supports intergovernmental cooperation in achieving operational goals. How will this affect city programs or services? Execution of this agreement ensures the City can continue to provide uninterrupted processing and disposal of construction, demolition, and yard waste, maintaining operational efficiency and meeting environmental compliance standards. Budgeted Item: Yes Account Line Item and Description: 431-2515-534-34-62 – Solid Waste Disposal & Recycling Services. Fiscal Impact: This is a budgeted item. 1112 Attachments: R25-226 Agenda_Item_3490-2025_Resolution_for_Waste_Management_Contract.docx Exhibit A to Resolution - Boynton Beach Recycling Agreement WM Sign 2025.pdf COI.pdf R16-134.pdf COI - Environmental SWA Operation Permit SW 0065 CD02 2024-2027.24sept2024.pdf Letter to Boynton Beach Re Intent to Renew Processing Agreement - WM Lantana Facility - 080725.pdf 1113 RESOLUTION NO. R25-226 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, APPROVING A PROCESSING AGREEMENT FOR 2 RECYCLING MATERIALS BETWEEN THE CITY AND WASTE 3 MANAGEMENT INC., OF FLORIDA, WITH AN ANNUAL EXPENDITURE 4 NOT TO EXCEED $490,000; AND FOR ALL OTHER PURPOSES. 5 6 WHEREAS, Waste Management Inc., of Florida (“WMIF”) owns and operates solid waste 7 processing centers and transfer stations; two of the processing centers being located in Palm 8 Beach County with the closest in proximity to the City located in the Town of Lantana, which 9 operates at the address of 790 Hillbrath Drive, Lantana, FL 33462 ("WMIF Lantana Facility"). The 10 processing facilities process, recycle, and market recycled solid waste products using advanced 11 technology; and 12 WHEREAS, the City seeks to use the WMIF Lantana Facility for processing and disposal of 13 (i) Construction and Demolition Debris, as defined in Florida Administration Code Rule 62-701.200 14 (24), and which includes discarded materials generally considered to be not water soluble and 15 non-hazardous in nature, including, but not limited to, steel, glass, brick, concrete, asphalt 16 material, pine, gypsum, wallboard, roofing materials, and lumber from the construction or 17 destruction of a structure as part of a construction or demolition project, or from the renovation 18 of a structure; and (ii) Yard Waste, which includes vegetative matter resulting from landscaping 19 maintenance or land clearing operation (such as tree and shrub trimmings, palm fronds, trees, and 20 tree stumps); and 21 WHEREAS, the WMIF Lantana Facility is fully permitted and licensed by the Solid Waste 22 Authority of Palm Beach County ("SWA"), the Palm Beach County Health Department, and the 23 Florida Department of Environmental Protection, and is available to the City to help it reach its 24 recycling goals; and 25 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 26 best interests of the City's citizens and residents to approve a Processing Agreement for Recycling 27 Materials between the City and Waste Management Inc., of Florida, with an annual expenditure 28 not to exceed $490,000. 29 30 31 1114 RESOLUTION NO. R25-226 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 32 BEACH, FLORIDA, THAT: 33 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 34 being true and correct and are hereby made a specific part of this Resolution upon adoption. 35 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 36 approve a Processing Agreement for Recycling Materials between the City and Waste 37 Management Inc., of Florida, with an annual expenditure not to exceed $490,000 (the 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 Agreement. The Mayor is further authorized to execute any 41 ancillary documents required under the Agreement or necessary to accomplish the purposes of 42 the Agreement, including any term extensions as provided in the Agreement, provided such 43 documents do not modify the financial terms or material terms. 44 SECTION 4. The City Clerk shall retain the fully executed Agreement as a public record 45 of the City. A copy of the fully executed Agreement shall be provided to Maria Rozwadowski to 46 forward to WMIF. 47 SECTION 5. This Resolution shall take effect in accordance with the law. 48 49 50 51 [SIGNATURES ON THE FOLLOWING PAGE] 52 53 1115 RESOLUTION NO. R25-226 PASSED AND ADOPTED this ______________ day of ______________________________ 2025. 54 CITY OF BOYNTON BEACH, FLORIDA 55 YES NO 56 Mayor – Rebecca Shelton _____ _____ 57 58 Vice Mayor – Woodrow L. Hay _____ _____ 59 60 Commissioner – Angela Cruz _____ _____ 61 62 Commissioner – Thomas Turkin _____ _____ 63 64 Commissioner – Aimee Kelley _____ _____ 65 66 VOTE ______ 67 ATTEST: 68 69 _____________________________ ______________________________ 70 Maylee De Jesús, MPA, MMC Rebecca Shelton 71 City Clerk Mayor 72 73 APPROVED AS TO FORM: 74 (Corporate Seal) 75 76 _______________________________ 77 Shawna G. Lamb 78 City Attorney 79 1116 1117 1118 1119 1120 1121 1122 RESOLUTION NO. R16 -134 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A THREE YEAR PROCESSING AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND WASTE MANAGEMENT, 1 INC., TO ALLOW THE CITY TO TRANSFER 10 RECYCLING MATERIAL INCLUDING YARD WASTE, 1 MIXED RECYCLABLES AND CONSTRUCTION AND 1 DEMOLITION DEBRIS TO THE WASTE 1 MANAGEMENT FACILITY LOCATED IN LANTANA, 1 FLORIDA IN AN ESTIMATED EXPENDITURE OF 1 310,000.00 PER YEAR; AND PROVIDING AN 1 EFFECTIVE DATE. 17 1; 1°WHEREAS, the City has an Interlocal Agreement with Solid Waste Authority of 20 Palm Beach County for a Municipal Recycling Program and the delivery of municipal solid 2 waste to a designated facility; and 2 'WHEREAS, Waste Management, Inc., owns and operates a solid waste processing 2 center in Lantana, Florida which is fully permitted and licensed by the Solid Waste 2 Authority of Palm Beach County (SWA) and will receive construction and demolition debris 2 . from the City as defined in Chapter 403, Part IV, Florida Statutes; and 2 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 2 recommendation of staff, deems it to be in the best interests of the City residents to enter 20 into a Processing Agreement with Waste Management, Inc., to allow the City to transfer 2 recycling materials including yard waste, mixed recyclables and construction and demolition 3 1 debris to the Waste Management facility in Lantana, Florida. 3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 32 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: C:\ Users \StanzioneT\AppData\ Local \Microsoft \Windows \Temporary Internet Files \Content.IE5 \SATNOEVN\W aste_ Management _Processing_Agreement_- _Reso. doc 1123 33 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 3I being true and correct and are hereby made a specific part of this Resolution upon adoption 35 hereof. 3.Section 2. The City Commission of the City of Boynton Beach, Florida does 3' hereby authorize and direct the City Manager to sign a Processing Agreement, for a period of 3$ three years with two (2) three year renewals, between the City of Boynton Beach and Waste 3 1 Management, Inc., to allow the City to transfer recycling materials including yard waste, 4i mixed recyclables and construction and demolition debris to the Waste Management facility 41 located in Lantana, Florida for an estimated annual expenditure of $310,000.00, a copy of 4 i said Agreement is attached hereto as Exhibit "A." 43 Section 3. This Resolution shall become effective immediately upon passage. 41 PASSED AND ADOPTED this 0111 day of aka-0— 2016. 4I CITY OF BOYNTON BEACH, FLORIDA 4,YES NO 47 46 Mayor — Steven B. Grant 4' 5 $Vice Mayor — Mack McCray 51 5 Commissioner — Justin Katz 5 54 Commissioner — Christina L. Romelus 55 14Commissioner — Joe Casello 1 5's 5 VOTE 5? ATTEST: 6 f , / _ » 6 Judith /% . Pyle, CMC I 6 City Clerk64Ci q: s .k: 4 tt,,i, g 4'ca S Z .Y tr6VCorporateSeal) C:\ Users\ StanzioneT \AppData\Local\Microsoft \Windows \Temporary Internet Files \Content.IE5 \SATNOEVN\Waste_ Management _Processing_Agreement = _Reso.doc 1124 PROCE.Z2PNO ,AWV;22 THIS PMOCST3SMG ASREEMENT ingnlo this any of 2U<,: v:3 by end batrtro3n VJAS StiLli‘NAGEIV CINAMF u) FicT © 270 Wiies F*'orIrlipz2ra Eloac14:, Fiaeitin 33073mnd tt'© co SOYVITKI.)6' BEACrl-fl,Ficeedra ynunlolpd ow:ppm CCI`TY")„ 1cr.ii. East Goyntsn EcwaiGh Eoytiton WM WHianiZAS NDAIIF t7APJFK. mrae efiaar?itao selIM vseotal prokwit oanZorrn and tranzaw tuoo cf tlas loc.ntod In Pm vdth the ciaenc. In proxiirnity t©. hc CITV IGomtrod thc_ TGvin ttg iL.Rretcno, whic..11 oparates •Jvarn 7:00 ASV] to S:00 PM. 1110 pro: proemze, rcicyo"Jot: mnd mar d waste pr.L:Suct3 uoivTin advonooc; tecfrurioilso,f; and Cr Part IV, Pier 16 Stztut€26, pv©vleas muikiority tn rcquiro mtin]clipolitioe "to mdeq.,intels7 pic.n arud ofaoloeFot, onvirorirt csica7,ir.:) ocE1 VefLG20 riaarteigoms mnd t plan fcr end In glitz) riniit aoy car3t-aThWive and envimnimontE3Hy rrent,Dif the Gtorr,:43e, G-4aIIctoUnn, tmrozpon, sepovetio)n, proc.,7;asing, rying, cad dIcive.DaLTJ of c1L waste In C-35 IpPateut the ty mnd waharx enhareze tha envir..acmartt t)V roof wMi havz two posntimi Vcr fu2r Mn; Lnti tho %IMP' fecility Lcntano ;fa rpwmitted and iiconoce: by the Wai.--ke Authority Pnim. asach C€Iissity COWA('), the Pulm Esoldra GrAan& ilcoalth DapartrnerA, id rfr nhepoirtmant cf Environmental Pratootian nn::2 ;o tho Ci7V t I-plp It to remoh rczr.Mnel tilUZCS) niALgod. by 3hcptor 403, r V, Merida Stmtutos, , x - eniudine but mt. liVinAcritifl to the Cr tcnrcm go:A C2020) o tho, artf raduco rlho znroicount of rooyciobie soiid tuclao dlepossd ©f 2y avca5m02, of Et izest 75 porcznt: end WI-TIRZAW, AfgRASF %IAD; provido CMY 'RA/1th tho taecostanri suppor"EfildafEj17 OV101 Eintigh Fac,a3Ign (LEED) ourtilloatIon for Crni' prgieds.1 so desigrdQted. 1125 NOW THEREFORE, for good and valuable consideration, the parties agree es follows: 1. The representations set forth herein above are true and rrect and incorporated herein by reference. 2. WtvilF, at its Lantana facility, will receive construction and demolition d brio as deemed In Chapter 03, Fort 1V, Florida Statutes from ch= CITY. The foregoing shall include yard waste end recyciabl generated by the CITY. 3. The initial term of this Agreement shall be for three (3) years from the date of execution by HI parties. In addition, the CITY Whall have the option to renew this Agreor n nt der two additional throe -year periods by providing ninety 90) days written notice of its election to do so prior to the end of they existing term. 4. WMIF agrees to charge the CITY and the CITY agrees to pEly as follows: a. 45.00 per ton for C &D b.00 per ton for Bulk Waste 0. 4:5,00 pov ton for Roofing ft trnrials d. 45.00 per ton for Lend Clearing Materials e. 24.00 per ton for Yard Vilest f. 65.00 per ton for Other Cast) Waste not above listed All material delivered or offered by the City for processing shall meet he requirements of the facility °s applicable permits and hail not contain any r- portable quantity of garbage or putrescible waste, hazardous or other regulated waste. WMIF may reject loads In whole or in part if it reasonably believes such load does not nfos m with the bove requirements.' WMiF chall Caeca its reasonable best efforts to assist the CITY in receiving all a p priatt recycling credits from the SWA and shall provide any required documentation, filings, and /or confirm -€ion of th;. CITV °s documentation of to recycling 2 1126 credits, All of the CITY`°s vehicles shall be weighed on rtlfied scales and all weigh tickets shell reflect recycled materiel. 6. MAW agrees that prior to the comme.ncoment of this Agreement, they will corepuct an educational meeting with the CITY and t leir selected employ - ee to discuss how host tt facilitate the functioning of the Agreement end the coordination of the parities. WMIF agreec to conduct similar meetings on a yoeily baele during the :arm a the Aereetn eiit. 7. in th -. event of a default by either party, notic ellsfl be provided to the party alleged o be in default getting f ©rah the nature of said default and providing a r- ;- sonable cure period to correct said default. If a default is not corrected during said dare perioei, the non - defaulting party may terminate thle Agree/el r61i by providing thirty (30) days' written notice of . -id termination. v`fiViifr- agrees to provide insurer ce meeting the requirrm nts set forth In Exhibit A and the CITY shall be named as en s dditi a,.al insured. The insurance policy shall include a prcvielon requiring thirty (30) days' notice to the CITY in the event of cancellation, termination, or lapse In coverage. I/ addition to the foregoing, VkIMIF agrees to indemnify and hold the CITY and its employees harmless from any and all liability relating to WMIF'g activities pursuant th 7 Ayre :want - :o the te that thy that are in s°ea:A of IL; permits or not in compliance with applicable law, ruins or regulLtaons, is ne ;DDgent or willfully wrongful conduct. g. This Agreement small be. construed in acceederice with the laws of the State of Florida and jurisdiction and venu shall be in Palm each County. 10. In th -, event either party is required to enforce this Agreement through legal action, the prevailing perry shall be entitled to rrasoraable attorney's foes and coats incurred. IN WITNESS WIIERECF, the parties have executed this Agreement the data and year first written above. Signed, sealed and delivered In the presence of: cm, OF BOY ON REACH Attest: 3 1127 1 alie:511Y-P1id ilja.4.,(X'dew...) 467,-257i / ity CIe, Name: 2.-01‘.411e-lrii. '" APPROVED AS T, f i.m/ 1 1 j Title: f COY i ORN Witness: WASTE MANAGEMENT INC®OF FLORIDA By: k4litc#2ef," Name: MAP Name: Io nee Title: teec' - Name: 4 1128 1129 DaC cu`R` ." °s'1C41Q UM= INIADWMBINEELTM 7700 8E B.ddge Lc Hobe sound, FL 33455 GM 5467700 September B, 2015 Public Works / SaIId Waste City of Boynton Beech 222 M.E. 9th Ave. Boynton Beach, Florida 33435Public Works / Solid Waste A'1TN: Adrienne Grec - Arendbis RE: PROCESSING AGREEMENT Dear Adrienne, As per your request Waste management Is lookIn0 forward to continue our relationship with the City of Boyton Beath In processing the waste. To ren contract we are offering the following prices for the M -Sun 5 Facility In Lantana. ClItD: $45/ton Bulk W 45/ton Roofing: $455/ton Land Clearing $45/ton Yard We 24/ton Other CAD Waste: $65 /ton Be assured we will continue to provide the hlgh level of service you hove come to expect from us. On behalf of the entire team et Waste Man ment, 1 want to thank you for your business and we look forward to continuing to serve you. If you N ° ' uld have any questions, plow feel free to call. Respectfully yours, Matt Orr 863- 623 -7829 Sohn and! 954-347-2506 ja4 From everyday collection to environmental protection, Think Green.? Think Mote lit gement. Amid ea Ittarateucar +Wei Ma 1130 t tjn V4 r' 3 . CIJ* At .- 1.7 7 °5 ... YOUR PARTNER POE EOM W "M EMMONS SOLID WASTE AU HO Solid Wad Management Facility Operating Permit No. SW 1, i! , 4 `641 , Facility Mei ,,. )41) . : Sun ' i l'.,Sun 5 Facility 1 _-- ption: A 36,000 yqsq.c i building cis 3,000 cubic a 1,200 tons l? day of i4` Ids ". . tion / l °h 11 . it GOMM separated meow ma r ;led in Palma Beach County. Fc c + ? lity L o t io mm : 03 mile north of the in:. n of ; ...t .e c 1 . " . on ' ti . . north side of Hi .' "R Drive, Lantana, Florida. F lrty W 1 : 1;. -,, Inc. of Florida Facility Operator: Bryan 'Bull of August 27, of Rely ,.- :October 14,2015 Date of Expiration: October 14, 2018 The tt+eo hereby agees to undertake the sativity for which this permit is issued in accordance with the r F -, General ,. s Spy The Solid Waste Authority of Palm Beach County hereby . its the opeation of the facility in accordance with the p ip'oed (send Specific Candid Mark Date Executive Director 7261 Hsrfh Jag Rind, nal Palm Basch, Plaids i% 12 Mtn) 641 en MI (661) 64844 1 1 q: x, x,, ®, 1131 Cute r ap4*. 3 ov a . ,., c 12 I t b, t1 t4 " n `;aft 7tSi < .^ 6St ui ., I: 11'161 3ti: 1 ' li • " ,: ' &i x:f,; . 11 acS this c.... p -t t r ' BSI' the P S d . be us" + t t+t : er:, .'1y143 C !s I I Ti` U It • : 1'dx7 . ' f•i " P i x % ri t T. tyitt?+ ' i @5E C21's r ' i m zareaas ay. ir?"iiA.d CMR'4J a -3% +fi i; =. get thio gto5et {S t«$ * !5 1 pytf 3 »eta j < " b . li. k 1 "cr 1' + *71U if ,. ti P 2 #: Co . Solids Yk. 2.0 3.. 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If it t tr e 9y et .i+ `('e ss* " ?' ••• k1 'r, ":` •db'*'•i 's3i , +z t; i .'+i^:T ty r i "'zi'aC °. "s, ci` is F 6 1134 Sic KORTINDIC ibex NoW4SI2 1110 fdlovi' 2 :v"on: tlic234 r to*arS t bra in fib Pam& C tions" ad ate " 'itclin3 en the *6 itriaa,It! 06 taaa ataii ba Esfulscent to the pith l of e 4.331, tam of riazik Authalty rola adopted Fammt 625-a3b. a a 1..cmczoasseezasem "9..t4r4 am*.qr.— L The 7.‘akall,, tt 0111 &nee p t of .1.0°.s,4°0 3 'P.. with a apecific Melt/all tion3 5 d sttatc. 2,5 P5ritaki 1 Hat pt me b coadai 'ea Ayr Eiden &Wig CID, Tad ticell end MUM?, t. • -r w rd gezialso IncidzaVA won.= OE 5:Ain-yard trait whEdi 7 b ZN faa devd to t ftcWty b oval 1 handled by tin 15.:6 7 aat''''ddEzZge ";:t Opplie W p arta@ Se t p„, apitt to itnm.-. vita only as a *01 11t1,0G, de. 9 yawl t egg„ w ma w faty. 4.ta 2. - to stem u4 C two' D 7ak, 7 n 111K6 1' r ezt J pro 02A eilta plan, 5.The "'jJ rri On it `0 Zt emu.? days. L tHaptme allerrezte 3 a ez iCi 7. a WPM t Iy&cility. 3 ;i.,s , fo b t ty •p&ra5 7 c CU y = ; matt rmivad at t site, thc ft of pp f Framing, the el of Thst19iled, pad c 11:11t of dcu l A of tb c fac i l ity piri f is g ' ; hd he ! y '44 41 I of to 7t. 8.PeomliMf.) heap A.r.Sa Aablo of all tair«by psomit. 1135 9.In the event the Florida ent of Environmental Protection waives or mmoves the requirement for the bond to clean up and close the facility, the peamittee shall notify the rs... 'ty, the , , r,. • *ty shall require a for c1= <,. up el.. _ . The ,,ter..,' shall submit written of bond renewal on an annual b is. 10.Penni bliab and a SWA 1 the dis a k, of Class I and Class I II waste that may be _, - , .- _; as a result of the hunsfening of C/D L a ted in Palm Beach Commty at the Sun V facility. 11. A violation of any Federal, S .. or I,... law,resolution, or any .,, „. -ition of this permit shall constitute a violation of this permit and shall be grim& for immediate i.tion of this permit tgt the e ofthe° Authority .; • ,s,<< =t' 1136 ADICIAT2411 4 w elc Y.:MD.7E10M Pis ..°2N Aber No, SW 0255 C am..rasre TZ/E edlity will be TAY - to it coral-magi r t:41 oli easloaed Male - 2.Tte frollity willl k2a,d1c,,d ; ad 40. 4,p 0 a ?All gad a any of Wet rc.19n-. 3.Aiy Ii 4`f.ttatiElk 311 iitge Vii“t at@ 0 y aka 4.Thg.-2r OfLny Viar. 5.The. #*, L.° rr will b kJ ly 11*Mere rffl ho the et end f t Sy cJ Offl,r to to fir 11 t 0 - the nri de of the Tty EI o 1* s Jy trthc,3 gat bead° T1 Tao 4 ." ed 4 Pally d heavily i Welted (w11 ir Win" %) 34.11;El 7 : It 8101,135 the 1:etv3:g of =, 1 Vir I. the 7. 77,1%14 1,0 bail41° g wilI ri a7t system iO will blow t© th6 EiGleap 0 w y it r 020 S.Crqy Matra will 4 bo 4 0 . &kq fig WO, taw will pn elsgu 41 Cita,ly 12€4 wzt qiica of My, CitIld 110i INh00 the ag t bt) the 4 9.The ;Bide 4'0'0 wll,the kta t 1 he tiis 10. tea reitit JJL effnt LIVID,' 4 ::f11421 i ' 11© •rib ca- i 1ity botwom te north s.° 0f th-. wail. Lad the oh wht bu- 1-a3 °film f8i$ !ilir to the ,ftie tlity. 11. 1 .N . IVkaa ant lao. of Flor10. will A t, r g“ t11 p!jo tlaa p ,Vion of .‘la p.s2. the rep0Tr Oility w;.0h fc the Oa o C C." tad 4 °. 1137 12. Waste Management Inc. of Florida will limit its hours of operation to: 7:00 a.m. to 7:00 p.m. for the processing of C/D debris, movement of trucks and external activities relating to the function of the waste processing facility. Work within the enclosed building, such clean up, and clerical, corporate, and/or office and business functions unrelated to the processing facility are excluded from : bows of on limitati 13. Upon receiving a request from the Osborne community, a representative of Waste Management Inc. of Florida will arrange a quarterly meeting of that community group at • which miming a matter relating to the facility's .. ons will bused, and he/she will be available to to any i es which relate to the on of its facility; to be available for an on .:..,' , dialog with representatives of the Osborne community to better understand the concerns and problems which may exist within the community; and, thus, holds itself out, where appropriate and ib1e, to be of assistance in mitigating or eliminating :a. y such prob1 Waste M ! gement Inc. of Florida shall provide copies of any requ k r or corteepondence concerning meet . , with the Os ,community to the Authority. Authority = ,z shall also request copies of all spondence g W . b to Matta ent Inc. of Florida from the Osborne community group. Waste Management Inc. of Florida shall send a representative to any meeting scheduled by the Authority with the Osborne community group that concerns the facility. 14. Waste t Inc. of Florida will rain an effective pest control policy and procedure. 15. Tracks w ill enter and exit the facility through the driveway off of Hillbrath Street at the , nth east portion of the facility. 16. No maintenance of trash and debris containers shall take place outside the hours of 8:00 a.m. to 4:00 p.m., Monday through Saturday. No maintenance of vehicles is allowed, except for emergency vehicle repairs to address unsafe operating c ! 1 ;?'lion that require immediate attention. 17. Overnight parking of vehicles used for waste collection or transport, by the pecmittee, and/or any affiliated businesses of the permittce, shall be discontinued on the parcel subject to this permit no later than November 10, 2W 1. Collection or transport vehicles, f> maintenance or repairs under the canopy designated for vehicle maintenance may be ,.overnight while repairs are underway but the maintenance canopy x not be for parking collection or transport vehicles in serviceable condition. Automobiles and light duty trucks (i.e., pickup trucks) associated with the recycling business of the permittee may be parked overnight on the parcel subject to this permit. 1138 r t T rr VAYA tfft 'zJ vouR VA SI 1«. CYCLENG SAC nrff PriANAGW r Et2F ;Ell"A EAM" 421= Suam NIL mg LI V Ara. SW 790 1ti EM-ea, Irawv:mr,1 33452 9 34 it,1: 2 tAD NTACT PERSOI'l C3!i3 tZ 1 :-Zgre-104 ,-was Tats1 Yfr. i r Nst: TVOiti Yr DirdArlido gm mizellvasTG !FA*, 1 TY ao) Vi TZ s ae VI) CYCLING MOM' T1) Ik3 1 ZETC ca, YT risS gAC t 68.:4,{sppears Mtn 3193 CLI 111 Print Wsos..41,— 6.,+wa Watri arn (LB tictl Kira noaoh, Floilalc 4312 CM PIE (flan fEn-aral 1139 Holder Identifier : 7777777707070700077761616045571110767717106314447207443136663506311072751467156331120736055553077451207163001662231553075336364225773210763601544245571307624001570167520076727242035772000777777707000707007 7777777707070700073525677115456000732010507137102007022237243062111070223373421630000703333624316211007033236242063110070233263420621110712222735316301007122327353172100077756163351765540777777707000707007Certificate No : 570114393744 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 07/10/2025 IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. PRODUCER Aon Risk Services Southwest, Inc. Dallas TX Office 5005 Lyndon B Johnson Freeway Suite 1500 Dallas TX 75244 USA PHONE(A/C. No. Ext): E-MAILADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # (866) 283-7122 INSURED 19489Allied World Assurance Company (US) IncINSURER A: INSURER B: INSURER C: INSURER D: INSURER E: INSURER F: FAX(A/C. No.):800-363-0105 CONTACTNAME: Waste Management, Inc. and All Affiliated, Related & Subsidiary Companies 800 Capitol, Suite 3000 Houston TX 77002 USA COVERAGES CERTIFICATE NUMBER:570114393744 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.Limits shown are as requested POLICY EXP (MM/DD/YYYY)POLICY EFF (MM/DD/YYYY)SUBRWVDINSR LTR ADDL INSD POLICY NUMBER TYPE OF INSURANCE LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR POLICY LOC EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG GEN'L AGGREGATE LIMIT APPLIES PER: PRO- JECT OTHER: AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY SCHEDULED AUTOS HIRED AUTOS ONLY NON-OWNED AUTOS ONLY BODILY INJURY ( Per person) PROPERTY DAMAGE (Per accident) BODILY INJURY (Per accident) COMBINED SINGLE LIMIT (Ea accident) EXCESS LIAB OCCUR CLAIMS-MADE AGGREGATE EACH OCCURRENCE DED UMBRELLA LIAB RETENTION E.L. DISEASE-EA EMPLOYEE E.L. DISEASE-POLICY LIMIT E.L. EACH ACCIDENT OTH-ERPER STATUTE Y / N (Mandatory in NH) ANY PROPRIETOR / PARTNER / EXECUTIVE OFFICER/MEMBER EXCLUDED?N / A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY If yes, describe under DESCRIPTION OF OPERATIONS below Each Claim0310222407/01/2025 07/01/2026 Claims Made $10,000,000Aggregate Environmental Contractor Poll/Prof [E&O] A Y SIR applies per policy terms & conditions $10,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Type of Insurance Includes: Contractor's Pollution and Professional Liability. Named Insured Entity: Waste Management Inc. of Florida, 651 Industrial Way, Boynton Beach, FL 33426-6704. The City is included as Additional Insured in accordance with the policy provisions of the Environmental Contractor Poll/Prof [E&O] Liability policy. CANCELLATIONCERTIFICATE HOLDER AUTHORIZED REPRESENTATIVECity of Boynton Beach Attn: Risk Management 100 E. Ocean Ave Boynton Beach FL 33435 USA ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1140 YOUR PARTNER FOR SOLID WASTE SOLUTIONS 7501 North Jog Road, West Palm Beach, Florida 33412 (561) 640-4000 Fax (561) 640-3400 September 23, 2024 ELECTRONIC CORRESPONDENCE cash1@wm.com Craig Ash, Environmental Protection Manager Waste Management Inc. of Florida 1800 N. Military Trail, Suite 201 Boca Raton, FL 33431 Re: Executed Solid Waste Management Facility Operation Permit WM Recycling Lantana Operation Permit # SW 0065 CD02 Dear Mr. Ash: Enclosed please find one fully executed permit for your files. If you have any questions, or if I can be of further assistance, please do not hesitate to contact me. Sincerely, Karen Kantor, P.G. Special Programs Manager Enclosure cc: Willie Abreu wabreu@wm.com Mejia, Monica mmejia4@wm.com 1141 1142 WM Recycling Lantana Operation Permit Number SW 0065 CD02 GENERAL CONDITIONS _____________________________________________________________________________ The following terms, conditions, limitations, and restrictions set forth in this Part are "General Permit Conditions" and are binding on the Permittee. Enforcement of these conditions shall be pursuant to the provisions of Chapter 2001-331, Laws of Florida and Solid Waste Authority of Palm Beach County (herein referred to as the Authority). Terms not defined herein shall have the meaning ascribed to them in Rule I. _______________________________________________________________________________ 1. The terms, conditions, requirements, limitations and restrictions set forth in this Permit are “Permit Conditions” and are binding and enforceable pursuant to Palm Beach County Solid Waste Act. 2. This Permit is valid only for the specific processes and Operations applied for and specified in the Permit application and any approved drawings or exhibits, specifications or conditions submitted with or incorporated by reference into the application or Permit. Any unauthorized deviation from the approved drawings, exhibits, specifications, or conditions of this Permit shall constitute grounds for enforcement action by the Authority. 3. The issuance of this Permit does not convey any vested rights or any exclusive privileges. Neither does it authorize or condone any injury to public or private property or any invasion of personal rights, nor any infringement of federal, state, or local laws or regulations. This Permit is not a waiver of or approval of any other permit that may be required for other aspects of the total project which are not addressed in this Permit. 4. This Permit conveys no title to land or water, nor does it constitute recognition or acknowledgment of title. 5. This Permit does not relieve the permittee from liability for harm or injury to human health, safety or welfare, animal, or plant life, or property caused by the construction or Operation of this permitted Facility, or from penalties therefor; nor does it allow the permittee to cause Pollution in contravention of Federal, State, or local laws or regulations. 6. The permittee shall properly operate and maintain the Facility and systems that are installed and used by the permittee to achieve compliance with the conditions of this Permit, or other permits required by Federal, State, or local laws or regulations. This provision includes the Operation of backup or auxiliary Facilities or similar systems when necessary to achieve compliance with the conditions of the Permit and when required by Federal, State, or local laws or regulations. 7. The permittee, by accepting this Permit, specifically agrees to allow authorized Authority personnel, upon presentation of credentials or other documents and at reasonable times, access to the premises where the permitted activity is located or conducted to: 1143 WM Recycling Lantana Operation Permit Number SW 0065 CD02 Page 2 of 3 a. Have access to and copy any records that must be kept under conditions of the Permit; b. Inspect the Facility, equipment, practices, or Operations regulated or required under this Permit; and c. Sample or monitor any substances at any location reasonably necessary to assure compliance with this Permit or Authority Rules. d. Reasonable time and reasonable prior notice shall depend on the nature of the concern being investigated. 8. If, for any reason, the permittee does not comply with or will be unable to comply with any condition or limitation specified in this Permit due to uncontrollable circumstances, the permittee shall immediately provide the Authority with the following information in writing: a. A description of and cause of noncompliance; and b. The period of noncompliance, including dates and times; or, if not corrected, the anticipated time the noncompliance is expected to continue, and the steps being taken to reduce, eliminate, and prevent recurrence of the noncompliance. The permittee shall be responsible for any and all damages which may result and may be subject to enforcement action by the Authority, the Health Department or by the Department or any Federal, State or local agency having jurisdiction over the Operation for penalties or for revocation of this Permit. c. Notice to the Authority does not relieve the permittee of requirements to provide notice required under any other rule, permit or approval of Federal, State or local agencies having jurisdiction. 9. The permittee shall notify the Authority of the pendency of an enforcement action of any type by another regulatory agency. 10. In accepting this Permit, the permittee understands and agrees that all records, notes, monitoring data and other information relating to the construction or Operation of this permitted Facility which are submitted to the Authority may be used by the Authority as evidence in any enforcement case involving the permitted Facility arising under the Florida Statutes or Authority Rules. Such evidence shall be used to the extent it is consistent with the rules established in the procedures for conduct of quasi-judicial proceedings as adopted by the Governing Board of the Authority. 11. The permittee agrees to comply with changes in Authority Rules and Florida Statutes after a reasonable time for compliance; provided, however, the permittee does not waive any other rights granted by Florida Statutes or Authority Rules to challenge the appropriateness or validity of such changed Rules or statutes. 1144 WM Recycling Lantana Operation Permit Number SW 0065 CD02 Page 3 of 3 12. This Permit is transferable only upon Authority approval in accordance with Authority Rules. The permittee shall be liable for any non-compliance of the permitted activity until the transfer is approved by the Authority. 13. This Permit or a copy thereof shall be kept at the work site of the permitted activity. 14. Upon request, the permittee shall furnish all records and plans required under Authority Rules. During enforcement actions, the retention period for all records will be extended automatically unless otherwise stipulated by the Authority. 15. When requested by the Authority, the permittee shall within a reasonable time furnish any information required by Rule I which is needed to determine compliance with the Permit. If the permittee becomes aware that relevant facts were not submitted or were incorrect in the Permit application, or in any report to the Authority, such facts or information shall be corrected promptly. 16. When a Permit is expired, surrendered, or revoked, the permittee shall properly close the permitted Facility in accordance with the Closure Requirements of Authority Rule I Section 15. 1145 WM Recycling Lantana Operation Permit Number SW 0065 CD02 SPECIFIC CONDITIONS _______________________________________________________________________________ The following terms, conditions, limitations, and restrictions set forth in this Part are "Specific Permit Conditions" and are binding on the Permittee. Enforcement of these conditions shall be pursuant to the provisions of Chapter 2001-331, Laws of Florida and Authority rules adopted pursuant thereto. _______________________________________________________________________________ 1. The Permittee shall, at all times pursuant to the issuance of this Operation Permit, comply with all specific and general conditions listed within this Permit and conduct the permitted activity in accordance with all applicable regulations and statutes. 2. The Permittee shall limit the receipt of material to Construction and Demolition Debris, Yard Trash and Source Separated Recovered Materials. Incidental non-Construction and Demolition Debris or non-Yard Trash solid wastes, which may be contained in materials delivered to the Facility, shall be removed and handled by the Permittee in accordance with applicable law and this Permit. 3. The Permittee shall, at all times pursuant to issuance of this Operation Permit, operate the site only as a Construction and Demolition Debris, Yard Trash and Source Separated Recovered Materials Recycling Facility. 4. The Permittee agrees to store and/or process Construction and Demolition Debris, Yard Trash, and non-recyclable residue in accordance with the approved operational site plan. 5. When processing Construction and Demolition Debris, the Permittee shall operate the Facility to achieve a Recycling rate above fifty percent (50%) in accordance with Solid Waste Authority Rule III. 6. The Permittee shall deliver any Class I or Class III waste generated or accepted by the Facility to the Solid Waste Authority for disposal. The Permittee may dispose of the non-recyclable residue resulting from the Processing of Construction and Demolition Debris at the Solid Waste Authority landfill or Renewable Energy Facility 2, subject to applicable acceptance criteria; or at a non-Authority disposal facility, subject to the definitions and conditions specified in Solid Waste Authority Resolution 2023-01 and Rule III. 7. The Permittee shall submit monthly transaction reports detailing the quantity, in tons or cubic yards, of material of any kind or type whatsoever received at the site, the total amount processed, the amount of processed material shipped to users, and the amount of processed material stored on site, the amount of material not processed, the amount of residue generated from Processing, and the amount of residue and non-processed material disposed. A copy of the monthly report form is attached and hereby made part of the Permit. 8. The Permittee shall keep accurate and verifiable records of all reports and data required by this Permit. 1146 WM Recycling Lantana Operation Permit Number SW 0065 CD02 Page 2 of 3 ADDITIONAL SPECIFIC CONDITIONS _______________________________________________________________________________ 1. The Facility will be utilized to process only Construction and Demolition Debris in an enclosed building. 2. The Facility will only handle Construction and Demolition Debris, and will not handle any sort of wet Trash or Garbage. 3. Any loading of Recovered Materials will take place within the confines of the structure presently on site. 4. There will be no outdoor Storage of any materials whatsoever. 5. The existing structure will be totally enclosed. There will be doors at the east end of the Facility which can be opened to allow trucks to enter and to leave, and there will be one roll- up door on the northern side of the Facility which will be opened only for the purpose of allowing trucks to exit the premises. 6. The building will be maintained in a fully and very heavily insulated (walls and ceiling) condition to mitigate against noise generated during the Processing of Construction and Demolition Debris within the building. 7. The enclosed building will maintain an exhaust system which will blow to the south, coupled with filtering system to trap any dust or particle material and odors. 8. Company trucks will not be parked overnight along the north wall of the property, they will be parked elsewhere on the site, primarily along the east portion of the Facility, so that their exhaust fumes and noise when started in the morning will not be close to the people living to the north. 9. The northern side of the wall, which faces the residents, will be maintained in a clean and painted condition. 10. Waste Management Inc. of Florida will maintain landscaping along the north border of the Facility between the north side of the wall and the chain link fence which abuts the homes of the people living to the north of the Facility. 11. Waste Management Inc. of Florida will maintain the landscaping on the portion of the property along the vehicle repair facility which faces the Osborne Community Center and adjoining areas. 12. Waste Management Inc. of Florida will limit its hours of operation to: 7:00 a.m. to 7:00 p.m. for the Processing of Construction and Demolition Debris, movement of trucks and external activities relating to the function of the waste Processing Facility. Work within the enclosed 1147 WM Recycling Lantana Operation Permit Number SW 0065 CD02 Page 3 of 3 building, such as clean up, and clerical, corporate, and/or office and business functions unrelated to the Processing Facility are excluded from these hours of operation limitations. 13. Upon receiving a request from the Osborne community, a representative of Waste Management Inc. of Florida will arrange a quarterly meeting of that community group at which meeting a matter relating to the Facility’s operations will be discussed, and he/she will be available to respond to any issues which relate to the operation of its Facility; to be available for an ongoing dialog with representatives of the Osborne community to better understand the concerns and problems which may exist within the community; and, thus, holds itself out, where appropriate and possible, to be of assistance in mitigating or eliminating any such problems. Waste Management Inc. of Florida shall provide copies of any requests or correspondence concerning meetings with the Osborne community to the Authority. Authority staff shall also request copies of all correspondence regarding Waste Management Inc. of Florida from the Osborne community group. Waste Management Inc. of Florida shall send a representative to any meeting scheduled by the Authority with the Osborne community group that concerns the Facility. 14. Waste Management Inc. of Florida will maintain an effective pest control policy and procedure. 15. Trucks will both enter and exit the Facility through the driveway off of Hillbrath Drive located at the southeast portion of the Facility. 16. No maintenance of Trash and debris containers shall take place outside the hours of 8:00 a.m. to 4:00 p.m., Monday through Saturday. No maintenance of vehicles is allowed, except for emergency vehicle repairs to address unsafe operating conditions that require immediate attention. 17. Overnight parking of vehicles used for waste collection or transport, by the Permittee, and/or any affiliated businesses of the Permittee, shall be discontinued on the parcel subject to this Permit no later than November 10, 2011. Collection or transport vehicles, undergoing maintenance or repairs under the canopy designated for vehicle maintenance may be parked overnight while repairs are underway, but the maintenance canopy shall not be used for parking collection or transport vehicles in serviceable condition. Automobiles and light duty trucks (i.e., pickup trucks) associated with the Recycling business of the Permittee may be parked overnight on the parcel subject to this Permit. 1148 YOUR PARTNER FOR SOLID WASTE SOLUTIONS 7501 North Jog Road, West Palm Beach, Florida 33412 (561) 640-4000 Fax (561) 640-3400 RECYCLING FACILITY MANAGEMENT REPORT MONTH YEAR PERMITTEE: WM Recycling Lantana PERMIT #: SW 0065 CD02 ADDRESS: 790 Hillbrath Drive, Lantana, FL 33462 PHONE: CONTACT PERSON: WASTES RECEIVED: Construction and Demolition Debris (C/D)  Tons or  Cubic Yards Yard Trash Source Separated Recovered Materials AMOUNT STORED ON SITE AMOUNT SHIPPED C/D Yard Trash (YT) Concrete Wood Cardboard Metals Plastic Other: _____________ AMOUNT STORED AMOUNT SHIPPED DISPOSAL FACILITY C/D RSM (beneficial re- use) C/D Residue Overs Class III SWA WASTE TYPE AMOUNT SHIPPED RECEIVING FACILITY Waste Transhipped to other Recycling Facilities Recycling Rate %: (Incoming C/D – Residue) Signature Date Title Monthly reports are due by the fifteenth day of each month for the previous month’s recycling activities. Please submit monthly reports to kkantor@swa.org (SWA Rule III Section 6.1(b)). 1149 Barbara Herrera Government Affairs Manager Waste Management Inc. of Florida 2380 College Avenue Davie, FL 33317 bherrera@wm.com M: 954-856-7192 August 7, 2025 Via E-Mail with Read Receipt Requested & Via UPS Delivery Annalie Holmes Deputy Director of Public Works Public Works – Administration 222 N.E. 9th Avenue Boynton Beach, FL 33435 holmesa@bbfl.us Dear Ms. Holmes: Waste Management Inc. of Florida (WMIF / WM) highly values the long-standing partnership with the City of Boynton Beach in the processing of recyclable materials. Accordingly, please accept this letter as WM’s notice of intent to renew our Processing Agreement for Recycling Materials to be effective September 15, 2025. As per the terms and conditions of the enclosed draft agreement, WMIF is offering the following rates for processing materials at our WM Lantana facility:  $70.00 per ton for Construction & Demolition Debris  $35.00 per ton for Yard Waste On behalf of the entire WM Team, we thank the City of Boynton Beach for considering our intent to renew this agreement and look forward to continuing to provide the highest level of service as expected by the City. Should you have any questions, please feel free to contact me any time at 954-856-7192 or via e-mail at bherrera@wm.com. Sincerely, Barbara Herrera Government Affairs Manager Waste Management Inc. of Florida Cc: Luigi Pace, Area Manager Public Sector Solutions, Waste Management Inc. of FL. Fred Harmon, Jr., Area Director, Recycling Operations, Waste Management Inc. of FL William Abreu, MRF Manager, WM Lantana, Waste Management Inc. of Florida Encl. 1150 City of Boynton Beach Agenda Item Request Form 8.A Public Hearing 6 P.M. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 08/19/2025 Meeting Date: 08/19/2025 Proposed Ordinance No. 25-006- Second Reading, An Ordinance of the City Commission of the City Of Boynton Beach, Florida, Amending Part II, Chapter 27, Article I, Section 27-2 "Board or Committee Member Selection; Organization; Qualifications; Term," establishing limited authority to waive certain appointment requirements; providing for codification; providing for severability; providing for conflicts; and providing for an effective date. Requested Action: Staff recommends approval of Proposed Ordinance No. 25-006, on second reading. Explanation of Request: The City Commission desires to have the ability to waive board or committee member selection, qualification, and term limit requirements on an as-needed basis when it is determined to be in the best interest of the City. How will this affect city programs or services? Allows the City Commission the flexibility to appoint the most qualified and suitable individuals to serve on its boards and committees. Account Line Item and Description: N/A Fiscal Impact: There is no fiscal impact to the budget for this item. Attachments: Ord. 25-006 Ordinance_Board_or_committee_member_selection__organization__qualifications__term_- _Final (3).docx business-impact-estimate-_Board or committee member waiver.docx Ordinance Advisory Board Waivers.pptx 1151 Page 1 of 5 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. ORDINANCE NO. 25-006 1 2 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 3 BOYNTON BEACH, FLORIDA, AMENDING PART II, CHAPTER 27, 4 ARTICLE I, SECTION 27-2 “BOARD OR COMMITTEE MEMBER 5 SELECTION; ORGANIZATION; QUALIFICATIONS; TERM,” 6 ESTABLISHING LIMITED AUTHORITY TO WAIVE CERTAIN 7 APPOINTMENT REQUIREMENTS; PROVIDING FOR CODIFICATION; 8 PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; 9 AND PROVIDING FOR AN EFFECTIVE DATE. 10 11 WHEREAS, Part II “Code of Ordinances,” Chapter 27 “Advisory Boards and Committees,” 12 Article I “In General,” Section 27-2 “Board or Committee Member Selection; Organization; 13 Qualifications; Term” of the City’s Code of Ordinances currently establishes specific requirement s for 14 board and committee member selection, organization, qualifications, and terms; and 15 WHEREAS, the City Commission recognizes that strict adherence to these requirements may, in 16 certain circumstances, limit the City’s ability to appoint the most qualified and suitable individuals to serve 17 on its boards and committees; and 18 WHEREAS, the City Commission has determined that limited authority to waive certain 19 requirements, including residency requirements, term limits, and certain qualification requirements, would 20 serve the best interest of the City; and 21 WHEREAS, such waiver authority would allow the City Commission to consider exceptional 22 candidates who may bring valuable expertise, experience, and perspective to City boards and committees 23 despite not meeting all standard requirements; and 24 WHEREAS, the City Commission has determined that this amendment serves the public health, 25 safety, and welfare of the citizens of the City of Boynton Beach; and, 26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY 27 OF BOYNTON BEACH, FLORIDA: 28 1152 Page 2 of 5 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Section 1: The foregoing “WHEREAS” clauses are hereby ratified as being true and correct 29 and are hereby made a specific part of this Ordinance upon adoption hereof. 30 Section 2: Part II, Chapter 27, Article I, Section 27-2 “Board or Committee Member 31 Selection; Organization; Qualifications; Term” is hereby amended to read as follows: 32 Sec. 27-2. Board or committee member selection; organization; qualifications; term. 33 … 34 (f) Qualifications. Members and alternate members serving on advisory boards and committees shall 35 possess sufficient knowledge, experience, judgment or background necessary to competently serve the 36 board or committee to which they are appointed. Members and alternate members must also meet any 37 specific qualification requirements for their advisory board. However, if finding such persons after diligent 38 effort is difficult or impossible, as determined by the city commission, persons having comparable or 39 equivalent qualifications may be appointed. This provision shall not be applicable to qualifications imposed 40 by state statute or other similar regulations. 41 (1) In order to qualify for appointment to and to serve as a member of any board or co mmittee of the 42 city, an individual must be an elector of Palm Beach County, Florida. 43 (2) In selecting individuals to serve on boards and committees of the city, preference shall be given to 44 individuals who are residents of the City of Boynton Beach; provided however, non-residents who own 45 property in the city, own a business within the city, or serve as an officer, director or manager of a business 46 located within the city may also qualify for appointment provided they possess qualifications or experience 47 required by the board or committee to which they are appointed; provided that residency within the City is 48 not required by ordinance or law. This provision shall not preclude the city commission from waiving the 49 1153 Page 3 of 5 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. residency requirement when a city-established board, committee, or commission requires unique 50 experience or qualifications. 51 (3) Individuals may not serve on more than one advisory board at a time. 52 (g) Term limits. 53 (1) No member or alternate member shall be appointed for more than two successive terms (original 54 term, plus one additional term). A member who has been appointed to fill an unexpired term shall remain 55 eligible to serve two full successive terms. This two-term limit may be waived upon a finding by the city 56 commission that a third or successive appointment is in the best public interest. 57 (2) Upon completion of the maximum allowable two full terms of membership, no member or alternate 58 shall be eligible for reappointment to the same advisory board or committee for a period of one year, unless 59 otherwise waived by the city commission. 60 (3) An individual who has served two successive terms as an alternate member may be eligible to serve 61 up to two additional successive terms as a regular member of the same advisory board or committee, upon 62 approval by the city commission. 63 … 64 Section 3: Codification. It is the intention of the City Commission of the City of Boynton 65 Beach, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of 66 the Code and Ordinances of the City of Boynton Beach, Florida, and that Sections of this Ordinance may 67 be renumbered, re-lettered and the word “Ordinance” may be changed to “Section,” “Article,” or such other 68 word or phrase in order to accomplish such intention. 69 Section 4: Severability. If any clause, section, or other part of this Ordinance shall be held 70 by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid 71 1154 Page 4 of 5 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. part shall be considered as eliminated and in no way affect the validity of the other provisions of this 72 Ordinance. 73 Section 5: Conflicts. All Ordinances or parts of Ordinances, Resolutions, or parts of 74 Resolutions in conflict herewith, be and the same are repealed to the extent of such conflict. 75 Section 6: Effective Date. This Ordinance shall take effect immediately upon 76 passage. 77 78 79 80 81 [SIGNATURES ON FOLLOWING PAGE] 82 83 1155 Page 5 of 5 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. FIRST READING this ______ day of __________, 2025. 84 SECOND, FINAL READING AND PASSAGE this ______ day of _______, 2025. 85 CITY OF BOYNTON BEACH, FLORIDA 86 YES NO 87 88 Mayor – Rebecca Shelton _____ _____ 89 90 Vice Mayor – Woodrow L. Hay _____ _____ 91 92 Commissioner – Angela Cruz _____ _____ 93 94 Commissioner – Thomas Turkin _____ _____ 95 96 Commissioner – Aimee Kelley _____ _____ 97 98 VOTE ______ 99 ATTEST: 100 101 102 _____________________________ 103 Maylee DeJesús, MMC Rebecca Shelton 104 City Clerk Mayor 105 106 APPROVED AS TO FORM: 107 (Corporate Seal) 108 109 Shawna G. Lamb 110 City Attorney 111 1156 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; ☐ 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; 1 See Section 166.041(4)(c), Florida Statutes. An Ordinance of the City Commission of the City Of Boynton Beach, Florida, Amending Part II, Chapter 27, Article I, Section 27-2 "Board or Committee Member Selection; Organization; Qualifications; Term," establishing limited authority to waive certain appointment requirements; providing for codification; providing for severability; providing for conflicts; and providing for an effective date. 1157 Page 2 of 3 ☐ 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): Authorizes the City Commission to waive board or committee member selection, qualification, and term limit requirements on an as-needed basis when it is determined to be in the best interest of the City. 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: 4. Additional information the governing body deems useful (if any): 1158 Page 3 of 3 NONE 1159 Advisory BoardWaivers By Ian Gregorchik Assistant City Attorney 1 1160 Current Board Qualifications Generally Looking through the requirements carefully,no board requires solely residency in the city. All boards follow the same general qualification pattern: Universal Residency Rule for All Boards Primary requirement:Must be an elector of Palm Beach County, Florida Preference system: First preference:Boynton Beach residents Alternative qualification:Non-residents may serve if they: Own property in the city, OR Own a business within the city, OR Serve as officer/director/manager of a business located in the city 2 1161 Exception noted:Some boards may require city residency "provided that residency within the City is not required by ordinance or law" - but no such ordinance or law requiring strict residency is mentioned for any of the boards. Lack of General Statewide Residency Requirement for Advisory Boards There is no provision in the Florida Statutes or Florida Administrative Code that universally requires members of municipal advisory boards to be residents of the city. For example,Rule 34-13.120, F.A.C., which addresses the Code of Ethics for public officers and employees, applies to members of advisory boards but does not impose residency requirements. Instead, it focuses on ethical obligations such as restrictions on gifts and conflicts of interest. 3 1162 ART ADVISORY BOARD Art Advisory Board - Closest to Residency Requirement The Art Advisory Board comes closest to a residency preference: Members must be "electors and residents of the City, OR owners of businesses located within the City." Limitation:No more than 2 members may be non-resident business owners. This means at least 5 of the 7 members should be city residents, but it still allows for business owners who don't live in the city. 4 1163 SUMMARY Every board uses the same flexible residency framework that prioritizes residents but allows qualified non-residents who have economic ties to the city. 5 1164 CHALLENGES WITH CURRENT FRAMEWORK Specialized boards (like Historic Preservation, which requires architects/historians, or Art Advisory, which needs artists) may have very few qualified residents in the city. When multiple restrictive requirements combine: Must be resident AND have specific credentials AND be available for multi-year commitment AND not serve on other boards AND comply with attendance requirements. This intersection often results in zero qualified candidates. 6 1165 PROPOSED CHANGES The proposed Ordinance amends Section 27- 2 of the Boynton Beach Code to provide the City Commission with limited waiver authority for certain advisory board appointment requirements.This creates flexibility to appoint highly qualified candidates who may not meet all standard requirements. 7 1166 REQUIREMENT WAIVER CONDITIONS Specific Qualifications When finding qualified persons is difficult/impossible (except where mandated by statute) Residency Requirements When board required unique experience/qualifications Multiple Board Prohibition At Commission discretion Two-Term Limit When third+ term is in the best public interest One-Year Waiting Period At Commission discretion 8 1167 QUESTIONS? 9 1168 City of Boynton Beach Agenda Item Request Form 8.B Public Hearing 6 P.M. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 08/19/2025 Meeting Date: 08/19/2025 Proposed Ordinance No. 25-011- Second Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, amending Chapter 2, Article III "Elections" of the City Code Ordinances, to re-title Section 2-42 to read "Candidate Requirements and Qualifications, Official Ballot, and Filing Fees" establishing qualifying requirements, modifying the number of petitions required to run for office, and the amount of the Campaign Filing Fee; and creating Section 2-48 entitled "Campaign Signs- Bonds, Penalties, and Financial Responsibility;" providing for codification; providing for severability; providing for conflicts; and providing for an effective date. Requested Action: Staff recommends approval of Proposed Ordinance No. 25-011, on second reading. Explanation of Request: Section 2-42 of the City’s Code of Ordinances currently requires candidates to file a petition signed by at least twenty-five (25) duly qualified voters of the City and establishes a filing fee of twenty-five dollars ($25.00) for candidates seeking to appear on the official ballot for regular and special elections in the City. The City Commission has determined that an increase in the number of petitions required to qualify, and the filing fee is warranted to more accurately reflect the administrative costs incurred by the City in processing candidate applications and conducting elections. Article I, Section 3 of the City Charter establishes residency requirements for candidates running for the office of Mayor or City Commission; however, it does not establish verification requirements. The City Commission desires to clarify the documentation required to qualify for office within the City. The City seeks to ensure proper placement and timely removal of temporary campaign signs. The City Commission has studied filing fees and political sign bond fees charged by comparable municipalities in Palm Beach County and the State of Florida to ensure that any fees or penalties remain reasonable and do not create an undue burden to candidate 1169 participation. The City Commission finds that requiring personal financial responsibility for sign bonds and penalties serves the public interest by ensuring candidates maintain accountability for campaign signage compliance. How will this affect city programs or services? Establishes new requirements to run for Mayor or City Commissioner. Account Line Item and Description: N/A Fiscal Impact: There is no fiscal impact to the budget for this item. Attachments: Ord. 25-011 Verification_Campaign_Filing_Fee_and_Sign_Bonds_7.28.2025_- _Revised__1_.docx business-impact-estimate-_Sign Bonds and Campaign Filing Fees.docx Ordinance Language Revisions - Ordinance No. 25-011 - Final.pptx 1170 ORDINANCE NO. 25-011 Page 1 of 7 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 1 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 2 BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 2, ARTICLE III 3 “ELECTIONS” OF THE CITY CODE ORDINANCES, TO RE-TITLE SECTION 4 2-42 TO READ “CANDIDATE REQUIREMENTS AND QUALIFICATIONS, 5 OFFICIAL BALLOT, AND FILING FEES” ESTABLISHING QUALIFYING 6 REQUIREMENTS, MODIFYING THE NUMBER OF PETITIONS REQUIRED 7 TO RUN FOR OFFICE, AND THE AMOUNT OF THE CAMPAIGN FILING 8 FEE; AND CREATING SECTION 2-48 ENTITLED “CAMPAIGN SIGNS – 9 BONDS, PENALTIES, AND FINANCIAL RESPONSIBILITY;” PROVIDING 10 FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR 11 CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 12 13 WHEREAS, Section 2-42 of the City’s Code of Ordinances currently requires candidates 14 to file a petition signed by at least twenty-five (25) duly qualified voters of the City and establishes 15 a filing fee of twenty-five dollars ($25.00) for candidates seeking to appear on the official ballot 16 for regular and special elections in the City; and 17 WHEREAS, the number of petitions and filing fee amount have remained unchanged for 18 a significant period and no longer reflect the City’s current population or administrative costs 19 associated with elections; and 20 WHEREAS, the City Commission has determined that an increase in the number of 21 petitions required to qualify and the filing fee is warranted to more accurately reflect the 22 administrative costs incurred by the City in processing candidate applications and conducting 23 elections; and 24 1171 ORDINANCE NO. 25-011 Page 2 of 7 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. WHEREAS, Article I, Section 3 of the City Charter establishes residency requirements for 25 candidates running for the office of Mayor or City Commission; however, it does not establish 26 verification requirements; and 27 WHEREAS, the City Commission desires to clarify the documentation required to qualify 28 for office within the City; and 29 WHEREAS, the City seeks to ensure proper placement and timely removal of temporary 30 campaign signs; and 31 WHEREAS, the City recognizes the importance of political speech protected by the First 32 Amendment while also recognizing the need for reasonable time, place, and manner restrictions 33 to serve significant governmental interests; and 34 WHEREAS, the City has a legitimate governmental interest in maintaining the aesthetic 35 appearance of the community, preventing visual clutter, and ensuring traffic safety; and 36 WHEREAS, the City Commission has studied filing fees and political sign bond fees 37 charged by comparable municipalities in Palm Beach County and the State of Florida to ensure 38 that any fees or penalties remain reasonable and do not create an undue burden to candidate 39 participation; and 40 WHEREAS, the City Commission finds that requiring personal financial responsibility for 41 sign bonds and penalties serves the public interest by ensuring candidates maintain accountability 42 for campaign signage compliance; and 43 1172 ORDINANCE NO. 25-011 Page 3 of 7 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. WHEREAS, the City Commission has determined that this amendment serves the public 44 health, safety, and welfare of the citizens of the City of Boynton Beach; and 45 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 46 BOYNTON BEACH, FLORIDA: 47 Section 1: The foregoing “WHEREAS” clauses are hereby ratified as being true and 48 correct and are hereby made a specific part of this Ordinance upon adoption hereof. 49 Section 2: Chapter 2, Article III, Section 2-42 “Official ballot, filing fees” of the City 50 Code of Ordinances is hereby re-named “Candidate Requirements and Qualifications, Official 51 Ballot, and Filing Fees,” and amended to read as follows: 52 Sec. 2-42. Candidate Requirements and Qualifications, Official ballot, and filing fees. 53 54 (a) Candidates for the Offices of Mayor and City Commission shall: 55 56 (1) Be registered and qualified electors of the City and at least 21 years of age at the time 57 of their qualifying as a candidate with the City Clerk; 58 59 (2) Have legally resided continuously within the City of Boynton Beach at least one year 60 prior to qualifying for the office. Positive and presumptive proof of legal residence 61 must be presented at the time the candidate qualifies. The documents presented to 62 the City Clerk shall include, but not be limited to, at least three of the following (as 63 applicable) demonstrating the candidate’s residency in the City for at least one year 64 continuously prior to qualifying for the office: (i) lease agreement(s); (ii) proof of home 65 ownership; (iii) driver's license and/or Florida identification card with a City of Boynton 66 Beach residential address; (iv) utility bills or other bills in the candidate's name; and/or 67 (v) copies of the candidates filed income tax returns; 68 69 (3) Provide a Voter's Registration Card with a City of Boynton Beach residential address 70 and precinct; and 71 72 1173 ORDINANCE NO. 25-011 Page 4 of 7 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. (4) Be required to maintain an actual and continuous legal residence for the duration of 73 their term of office in the City. 74 75 (b) The City Commission shall prepare or cause to be prepared the official ballot for each 76 regular and special election of the Ccity. Each candidate for the Office of the City 77 Commission shall file a petition signed by at least twenty-five (25) fifty (50) duly qualified 78 voters of the City, and each Mayoral candidate shall file a petition signed by at least one 79 hundred (100) duly qualified voters of the City., and shall All candidates shall submit an 80 administrative filing fee of twenty-five dollars ($25.00) two percent (2%) of the salary of 81 the position being sought, in addition to any election assessment fee established by 82 section 99.093, Florida Statutes. Such fees will be waived if the candidate is exempt from 83 paying the election assessment under section 99.093, Florida Statutes. 84 85 (c) Completion of these requirements which will result in the appearance in alphabetical order 86 of the name of the particular candidate upon the official general election ballot. All such 87 filing fees collected shall be deposited into the general fund. None but the official ballot 88 shall be used. 89 90 Section 3: Chapter 2, Article III, Section 2-48 “Campaign Signs – Bonds, Penalties, and 91 Financial Responsibility” of the City Code of Ordinances is hereby created to read as follows: 92 Sec. 2-48. Campaign Signs – Bonds, Penalties, and Financial Responsibility. 93 (a) Definitions. 94 For purposes of this section, the following terms shall have the meanings indicated below: 95 (1) “Campaign sign” means any temporary sign erected, placed, or displayed on public or 96 commercial property for the purpose of influencing voter opinion in connection with any 97 City election, referendum, or political campaign. 98 (2) “Candidate” means any person who has qualified as a candidate for Mayor or the City 99 Commission or who has filed an intention to seek such office. 100 (3) “Personal account” means any financial account owned by the candidate as an 101 individual and not associated with or connected to any campaign account created under 102 Chapter 106, Florida Statutes. 103 104 1174 ORDINANCE NO. 25-011 Page 5 of 7 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. (b) Sign Bond Requirement. 105 (1) Prior to the placement of any campaign signs within the City limits, each candidate shall 106 post a refundable sign bond in the amount of $500.00 with the City Clerk. 107 (2) The sign bond shall be paid by personal check, cashier's check, or money order drawn 108 from the candidate's personal account, not from any campaign account created under 109 Chapter 106, Florida Statutes. 110 (3) The candidate shall complete a Sign Bond Affidavit, on the form provided by the City 111 Clerk, certifying that the funds used for the sign bond are from the candidate's personal 112 account and not from any campaign account. 113 114 (c) Refund of Sign Bond and Penalties. 115 (1) Any violation or repeat violation of this article may be pursued by the community 116 standards division by any means available by law or equity. Any candidate or campaign 117 violating this section shall be issued a civil violation (citation) in the amount of $500.00 per 118 violation. After 24 hours' notice is given to the campaign treasurer or deputy treasurer, the 119 City may draw on the bond placed pursuant to this section towards the payment of any 120 delinquent penalties which are assessed by the City for any violations of the provisions 121 herein. 122 123 (2) The sign bond will be refunded in full to the candidate's personal account if: 124 a. All of the candidate's campaign signs are removed by the candidate or the 125 candidate’s representatives within ten (10) days following the election; and 126 b. No violations of this section occurred during the campaign period. 127 (3) If the candidate or candidate’s representatives fail to remove all campaign signs within 128 ten (10) days following the election, or if violations of this section occurred during the 129 campaign period, the sign bond will be forfeited to the extent necessary to cover the costs 130 of sign removal by the City and/or any assessed penalties. 131 (4) Any portion of the sign bond remaining after deduction of costs and penalties will be 132 refunded to the candidate's personal account. 133 (5) Nothing herein prevents the City from charging a candidate the actual removal cost 134 pursuant to section 106.1435, Florida Statutes, or from citing a candidate for violations of 135 the City Code pursuant to Chapter 162, Florida Statutes. 136 (6) The candidate shall pay any costs or penalties assessed pursuant to this section from a 137 personal account, not from any campaign account established under Chapter 106, Florida 138 Statutes, and the candidate shall submit a Payment Affidavit, on the form provided by the 139 1175 ORDINANCE NO. 25-011 Page 6 of 7 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. City Clerk, certifying that any penalties or costs paid are from the candidate's personal 140 account and not from any campaign account. 141 142 Section 4: Codification. It is the intention of the City Commission of the City of 143 Boynton Beach, and it is hereby ordained that the provisions of this Ordinance shall become and 144 be made a part of the Code and Ordinances of the City of Boynton Beach, Florida, and that 145 Sections of this Ordinance may be renumbered, re-lettered and the word “Ordinance” may be 146 changed to “Section,” “Article,” or such other word or phrase in order to accomplish such intention. 147 Section 5: Severability. If any clause, section, or other part of this Ordinance shall be 148 held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional 149 or invalid part shall be considered as eliminated and in no way affect the validity of the other 150 provisions of this Ordinance. 151 Section 6: Conflicts. All Ordinances or parts of Ordinances, Resolutions, or parts 152 of Resolutions in conflict herewith, be and the same are repealed to the extent of such conflict. 153 Section 7. Effective Date. This Ordinance shall take effect immediately upon 154 adoption. 155 156 [SIGNATURES ON THE FOLLOWING PAGE] 157 158 159 160 1176 ORDINANCE NO. 25-011 Page 7 of 7 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. FIRST READING this ______ day of __________, 2025. 161 SECOND, FINAL READING AND PASSAGE this ______ day of _______, 2025. 162 CITY OF BOYNTON BEACH, FLORIDA 163 YES NO 164 165 Mayor – Rebecca Shelton _____ _____ 166 167 Vice Mayor – Woodrow L. Hay _____ _____ 168 169 Commissioner – Angela Cruz _____ _____ 170 171 Commissioner – Thomas Turkin _____ _____ 172 173 Commissioner – Aimee Kelley _____ _____ 174 175 VOTE ______ 176 ATTEST: 177 178 179 _____________________________ 180 Maylee DeJesús, MMC Rebecca Shelton 181 City Clerk Mayor 182 183 APPROVED AS TO FORM: 184 (Corporate Seal) 185 186 Shawna G. Lamb 187 City Attorney 188 1177 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; ☐ 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 1 See Section 166.041(4)(c), Florida Statutes. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 2, ARTICLE III “ELECTIONS” OF THE CITY CODE ORDINANCES, TO RE-TITLE SECTION 2-42 TO READ “CANDIDATE REQUIREMENTS AND QUALIFICATIONS, OFFICIAL BALLOT, AND FILING FEES” ESTABLISHING QUALIFYING REQUIREMENTS, MODIFYING THE NUMBER OF PETITIONS REQUIRED TO RUN FOR OFFICE, AND THE AMOUNT OF THE CAMPAIGN FILING FEE; AND CREATING SECTION 2-48 ENTITLED “CAMPAIGN SIGNS – BONDS, PENALTIES, AND FINANCIAL RESPONSIBILITY;” PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 1178 Page 2 of 3 ☐ 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): Section 2-42 of the City’s Code of Ordinances currently requires candidates to file a petition signed by at least twenty-five (25) duly qualified voters of the City and establishes a filing fee of twenty-five dollars ($25.00) for candidates seeking to appear on the official ballot for regular and special elections in the City. The City Commission has determined that an increase in the number of petitions required to qualify, and the filing fee is warranted to more accurately reflect the administrative costs incurred by the City in processing candidate applications and conducting elections. Article I, Section 3 of the City Charter establishes residency requirements for candidates running for the office of Mayor or City Commission; however, it does not establish verification requirements. The City Commission desires to clarify the documentation required to qualify for office within the City. The City seeks to ensure proper placement and timely removal of temporary campaign signs. The City Commission has studied filing fees and political sign bond fees charged by comparable municipalities in Palm Beach County and the State of Florida to ensure that any fees or penalties remain reasonable and do not create an undue burden to candidate participation. The City Commission finds that requiring personal financial responsibility for sign bonds and penalties serves the public interest by ensuring candidates maintain accountability for campaign signage compliance. 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 1179 Page 3 of 3 (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: No businesses will be impacted by the proposed ordinance 4. Additional information the governing body deems useful (if any): NONE 1180 Candidate Requirements and Qualifications Proposed Ordinance No. 25-011 August 4, 2025 1181 Candidate Requirements and Qualifications Added age requirement – 21 years old. Added one year residency requirement. Required to maintain residency for the duration of term. Candidate Petitions: •Commission – increased from 25 to 50 signatures. •Mayor – increased from 25 to 100 signatures. 1182 Campaign Filing Fees Filing Fee – Increased from $25.00 to two percent (2%) of the salary of the position being sought. 1183 Political Sign Bond Fee Introduced $500.00 sign bond fee. Required to be paid from candidate’s personal funds. Candidates will sign an Affidavit affirming this. Candidates have ten (10) days to remove signs following the election. 1184 QUESTIONS? 1185 City of Boynton Beach Agenda Item Request Form 10.A Regular Agenda 08/19/2025 Meeting Date: 08/19/2025 Proposed Ordinance No. 25-012- First Reading, An Ordinance of the City of Boynton Beach, Florida, repealing Section 16-44 of the City Code of Ordinances Entitled "Gambling"; providing for codification; conflicts; severability; and an effective date. Proposed Ordinance No. 25-014- First Reading, An Ordinance of the City of Boynton Beach, Florida, repealing Article XII, Section 15-128 through 15-133 of Chapter 15 of the City Code of Ordinances, which established and revised the prohibition of loitering in the City of Boynton Beach; providing for codification; conflicts; severability; and an effective date. Requested Action: Staff recommends approval of Proposed Ordinance No. 25-012 and Proposed Ordinance No. 25-014, on First Reading. Explanation of Request: The City's legal team is requesting to repeal three City Ordinances which are redundant of Florida Statutes. Repealing the Ordinances guarantees and relying solely on the State statutes guarantees that the City stays current with Florida precedent. The City Ordinances are: Gambling Ordinance (Section 16-44) - Being repealed because section 849.08, Florida Statutes, already addresses gambling regulation with substantially similar language to the City's ordinance. Loitering Ordinance (Article XII of Chapter 15) - Being repealed because section 856.021, Florida Statutes, already addresses loitering regulation with substantially similar and redundant language to the City's ordinance. How will this affect city programs or services? N/A - no impact to City programs or services. Account Line Item and Description: N/A Fiscal Impact: N/A - no fiscal impact. Attachments: Ord 25-012 Repealing_Ordinance_-_Section_16-44_-_Gambling_-_Final.docx 1186 Ord 25-014 Repealing_Ordinance_-_Article_XII_of_Chapter_15_-_Loitering_-_Final.docx 1187 ORDINANCE NO. 25-012 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 1 REPEALING SECTION 16-44 OF THE CITY CODE OF ORDINANCES 2 ENTITLED “GAMBLING”; PROVIDING FOR CODIFICATION; 3 CONFLICTS; SEVERABILITY; AND AN EFFECTIVE DATE. 4 5 WHEREAS, Part II “Code of Ordinances,” Article II “City Parks and Beaches,” Division 2 6 “Conduct Regulated,” Section 16-44 “Gambling” of the City of Boynton Beach Code of 7 Ordinances currently prohibits gambling at any beach or park; and 8 WHEREAS, Section 849.08, Florida Statutes, already addresses the regulation of 9 gambling with substantially similar and redundant language to that contained in Section 16-10 44 of the City’s Code of Ordinances; and 11 WHEREAS, the City Commission has determined that the provisions of Section 16-44 12 are duplicative of state law and create unnecessary redundancy in the City’s Code of 13 Ordinances; and 14 WHEREAS, the City Commission finds the repeal of Part II “Code of Ordinances,” Article 15 II “City Parks and Beaches,” Division 2 “Conduct Regulated,” Section 16-44 “Gambling” of the 16 City of Boynton Beach Code of Ordinances is in the best interest of the citizens and residents 17 of the City of Boynton Beach. 18 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 19 BOYNTON BEACH, FLORIDA, THAT: 20 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as 21 being true and correct and are hereby incorporated herein and made a part hereof. 22 Section 2. The City Commission of the City of Boynton Beach hereby repeals Part II 23 “Code of Ordinances,” Article II “City Parks and Beaches,” Division 2 “Conduct Regulated,” 24 Section 16-44 “Gambling” of the City of Boynton Beach Code of Ordinances. 25 Section 3. It is the intention of the City Commission of the City of Boynton Beach, 26 and it is hereby ordained that the provisions of this Ordinance shall become and be made a 27 part of the Code and Ordinances of the City of Boynton Beach, Florida, and that Sections of this 28 Ordinance may be renumbered, re-lettered and the word “Ordinance” may be changed to 29 “Section,” “Article,” or such other word or phrase in order to accomplish such intention. . 30 1188 ORDINANCE NO. 25-012 Section 4. All Ordinances or parts of Ordinances, Resolutions, or parts of Resolutions 31 in conflict herewith be, and the same are hereby repealed to the extent of such conflict. 32 Section 5. If any clause, section, or other part or application of this Ordinance shall 33 be held by any court of competent jurisdiction to be unconstitutional or invalid, such 34 unconstitutional or invalid part or application shall be considered as eliminated and so not affect 35 the validity of the remaining portions or applications remaining in full force and effect. 36 Section 6. This Ordinance shall become effective immediately upon passage. 37 38 39 [SIGNATURES ON THE FOLLOWING PAGE] 40 41 1189 ORDINANCE NO. 25-012 FIRST READING this _____ day of ________________, 2025. 42 SECOND, FINAL READING AND PASSAGE this _____day of __________, 2025. 43 44 CITY OF BOYNTON BEACH, FLORIDA 45 YES NO 46 47 Mayor – Rebecca Shelton _____ _____ 48 49 Vice Mayor – Woodrow L. Hay _____ _____ 50 51 Commissioner – Angela Cruz _____ _____ 52 53 Commissioner – Aimee Kelley _____ _____ 54 55 Commissioner – Thomas Turkin _____ _____ 56 57 VOTE ______ 58 59 60 ATTEST: 61 62 _____________________________ ______________________________ 63 Maylee De Jesús, MPA, MMC Rebecca Shelton 64 City Clerk Mayor 65 66 APPROVED AS TO FORM: 67 (Corporate Seal) 68 69 _______________________________ 70 Shawna G. Lamb 71 City Attorney 72 1190 ORDINANCE NO. 25-014 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 1 REPEALING ARTICLE XII, SECTION 15-128 THROUGH 15-133 OF 2 CHAPTER 15 OF THE CITY CODE OF ORDINANCES, WHICH 3 ESTABLISHED AND REVISED THE PROHIBITION OF LOITERING IN 4 THE CITY OF BOYNTON BEACH; PROVIDING FOR CODIFICATION; 5 CONFLICTS; SEVERABILITY; AND AN EFFECTIVE DATE. 6 7 WHEREAS, Article XII of Chapter 15 of the City’s Code of Ordinances currently prohibits 8 loitering in the City of Boynton Beach; and 9 WHEREAS, Section 856.021, Florida Statutes, already addresses the regulation of 10 Loitering with substantially similar and redundant language to that contained in Article XII of 11 Chapter 15 of the City’s Code of Ordinances; and 12 WHEREAS, the City Commission has determined that the provisions of Article XII of 13 Chapter 15 are duplicative of state law and create unnecessary redundancy in the City’s Code 14 of Ordinances; and 15 WHEREAS, the City Commission finds the repeal of Article XII of Chapter 15 of the City 16 of Boynton Beach Code of Ordinances is in the best interest of the citizens and residents of the 17 City of Boynton Beach. 18 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 19 BOYNTON BEACH, FLORIDA, THAT: 20 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as 21 being true and correct and are hereby incorporated herein and made a part hereof. 22 Section 2. The City Commission of the City of Boynton Beach hereby repeals Article 23 XII of Chapter 15 of the City of Boynton Beach Code of Ordinances. 24 Section 3. It is the intention of the City Commission of the City of Boynton Beach, 25 and it is hereby ordained that the provisions of this Ordinance shall become and be made a 26 part of the Code and Ordinances of the City of Boynton Beach, Florida, and that Sections of this 27 Ordinance may be renumbered, re-lettered and the word “Ordinance” may be changed to 28 “Section,” “Article,” or such other word or phrase in order to accomplish such intention. 29 Section 4. All Ordinances or parts of Ordinances, Resolutions, or parts of Resolutions 30 in conflict herewith be, and the same are hereby repealed to the extent of such conflict. 31 1191 ORDINANCE NO. 25-014 Section 5. If any clause, section, or other part or application of this Ordinance shall 32 be held by any court of competent jurisdiction to be unconstitutional or invalid, such 33 unconstitutional or invalid part or application shall be considered as eliminated and so not affect 34 the validity of the remaining portions or applications remaining in full force and effect. 35 Section 6. This Ordinance shall become effective immediately upon passage. 36 37 38 39 [SIGNATURES ON THE FOLLOWING PAGE] 40 41 1192 ORDINANCE NO. 25-014 FIRST READING this _____ day of ________________, 2025. 42 SECOND, FINAL READING AND PASSAGE this _____day of __________, 2025. 43 44 CITY OF BOYNTON BEACH, FLORIDA 45 YES NO 46 47 Mayor – Rebecca Shelton _____ _____ 48 49 Vice Mayor – Woodrow L. Hay _____ _____ 50 51 Commissioner – Angela Cruz _____ _____ 52 53 Commissioner – Aimee Kelley _____ _____ 54 55 Commissioner – Thomas Turkin _____ _____ 56 57 VOTE ______ 58 59 60 ATTEST: 61 62 _____________________________ ______________________________ 63 Maylee De Jesús, MPA, MMC Rebecca Shelton 64 City Clerk Mayor 65 66 APPROVED AS TO FORM: 67 (Corporate Seal) 68 69 _______________________________ 70 Shawna G. Lamb 71 City Attorney 72 73 1193 City of Boynton Beach Agenda Item Request Form 10.B Regular Agenda 08/19/2025 Meeting Date: 08/19/2025 Proposed Ordinance No. 25-015- First Reading, An ordinance of the City of Boynton Beach, Florida amending Chapter 10, Article III, entitled "Abandoned Property" by repealing Article III in its entirety and replacing it with a new Article III entitled "Abandoned Property;" amending Chapter 12 entitled "reserved" by renaming it "Foreclosed, Vacant, and Unimproved Property Registration Program" and creating new sections thereunder; providing for conflicts, severability, codification; and providing an effective date. Requested Action: Staff recommends approval of Proposed Ordinance No. 25-015, on First Reading. Explanation of Request: The Abandoned Property Ordinance is being requested to be repealed and replaced to improve efficiency, enhance enforcement, and better address community concerns related to vacant and abandoned properties. Key changes include transitioning the annual abandoned property registration fee to a semi-annual payment structure, which allows for more frequent updates and improved tracking of property status. The revised Ordinance also streamlines the overall registration and enforcement process, reducing response time. Additionally, a new provision was added requiring registration of vacant properties- not just those classified as abandoned- to ensure earlier oversight and help prevent potential blight before it becomes a larger issue. How will this affect city programs or services? This will not affect City programs or services. Account Line Item and Description: N/A Fiscal Impact: There is no fiscal impact to the budget for this item. Attachments: Ord 25-015 -Amendment_-_Abandoned_Property.docx Business-impact-estimate_Agenda Item 3454-2025.docx 1194 CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 1 of 18 ORDINANCE NO. 25-015 1 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING 2 CHAPTER 10 ENTITLED “GARBAGE, TRASH AND OFFENSIVE 3 CONDITIONS”, ARTICLE III, ENTITLED “ABANDONED PROPERTY” BY 4 REPEALING ARTICLE III IN ITS ENTIRETY AND REPLACING IT WITH A NEW 5 ARTICLE III ENTITLED “ABANDONED PROPERTY”; AMENDING CHAPTER 6 12 ENTITLED “RESERVED” BY RENAMING IT “FORECLOSED, VACANT AND 7 UNIMPROVED PROPERTY REGISTRATION PROGRAM” AND CREATING 8 NEW SECTIONS THEREUNDER; PROVIDING FOR CONFLICTS, 9 SEVERABILITY, CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS, the City of Boynton Beach’s Abandoned Property Ordinance is in need of 12 updating to include the State of Florida legislative changes relating to notices and other 13 matters, and to follow the State’s procedures for handling abandoned property on public 14 property which provides for regulations for inoperable motor vehicles, derelict vessels, and lost 15 property found as set forth in section 705.103, Florida Statutes; and 16 WHEREAS, it has been determined that it is in the best interest of the City to 17 consolidate abandoned property on private property processes and to streamline the special 18 magistrate processes; and 19 WHEREAS, it has been determined that the City’s Property Registration Program needs 20 updating and should be moved from Chapter 10 to a separate section in the Code; and 21 WHEREAS, the City Commission finds that adopting these ordinance changes is in the 22 best interest of the citizens and residents of the City of Boynton Beach. 23 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 24 BOYNTON BEACH, FLORIDA, THAT: 25 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as 26 being true and correct and are hereby incorporated herein and made a part hereof. 27 1195 CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 2 of 18 Section 2. That Chapter 10, entitled “Garbage, Trash and Offensive Conditions,” 28 Article III, entitled “Abandoned Property,” is hereby REPEALED in its entirety and REPLACED with 29 the following: 30 ARTICLE III. ABANDONED PROPERTY 31 32 Sec. 10-50. Definitions. 33 34 For the purposes of this Article, the following words and phrases shall have the meaning set 35 forth herein. According to context, words used in the present tense include the future, singular 36 words include the plural, plural words include the singular, and masculine words shall include 37 the feminine gender. 38 39 Abandoned property, private property. Wrecked or derelict property having no value other 40 than nominal salvage value, if any, which has been left abandoned and unprotected from the 41 elements on private property and shall include, but not be limited to, boats, machinery, 42 refrigerators, washing machines, plumbing fixtures, furniture, inoperable motor vehicles, and 43 any other article which has no value other than nominal salvage value, if any. 44 45 Abandoned property, public property. All tangible personal property that does not have an 46 identifiable owner and has been disposed of on public property in a wrecked, inoperative, or 47 partially dismantled condition, or has no apparent intrinsic value to the rightful owner. The 48 term includes derelict vessels as defined in section 823.11, Florida Statutes, and vessels 49 declared a public nuisance pursuant to section 327.73(1)(aa), Florida Statutes. 50 51 Antique motor vehicle. Any motor vehicle of thirty-five (35) years or more registered with the 52 State of Florida, pursuant to Section 320.086, Florida Statutes. 53 54 City. The City of Boynton Beach, Florida. 55 56 Enforcement officer. Those employees or other agents of the City designated by ordinance, or 57 duly authorized and appointed by the City Manager, whose duty is to enforce City Codes. This 58 definition shall include, but not be limited to, law enforcement police officers and Code 59 Enforcement Officers. 60 61 Inoperable motor vehicle. Any vehicle which is located on public property, or private property 62 and not within an enclosed building, and which has any of its wheels or tires dismantled or 63 1196 CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 3 of 18 deflated, is missing any part or valid registration required by law for travel on public streets, or 64 is in such condition as to render it incapable of normal operation under its own power, 65 including being supported above existing grade level by such means as concrete blocks, jacks, 66 hoists, or similar devices shall be considered abandoned property. Included in this definition is 67 any wrecked, inoperative, or partially dismantled motor vehicle. 68 69 Lost property. All tangible personal property which does not have an identifiable owner and 70 which has been mislaid on public property, upon a public conveyance, on premises used at the 71 time for business purposes, or in parks, places of amusement, public recreation areas, or other 72 places open to the public in a substantially operable, functioning condition or which has an 73 apparent intrinsic value to the rightful owner. 74 75 Motor vehicle. A vehicle or conveyance which is self-propelled and designed to travel along 76 the ground, and includes, but is not limited to, automobiles, buses, mopeds, motorcycles, 77 trucks, tractors, go-karts, golf carts, campers, motorhomes, and trailers. 78 79 Private property. Any property within the City that is privately owned is not defined as public 80 property herein. 81 82 Public property. Lands and improvements owned by the federal government, the State of 83 Florida, a county, or a municipality, and include sovereignty submerged lands located adjacent 84 to the county or municipality, buildings, grounds, parks, playgrounds, streets, sidewalks, 85 parkways, rights-of-way, and other similar property. 86 87 Wrecked motor vehicle. Any motor vehicle whose condition is wrecked, dismantled, partially 88 dismantled, incapable of operation by its own power on a public street, or from which the 89 wheels, engine, transmission, or any substantial part thereof has been removed. 90 91 Sec. 10-51. Procedure for Abandoned or Lost Property on Public Property. 92 93 Abandoned property, which includes inoperable motor vehicles, derelict vessels, and lost 94 property found on public property, shall be handled in accordance with the procedure set forth 95 in section 705.103, Florida Statutes, as amended from time to time. 96 97 Sec. 10-52. Procedure for Abandoned Property on Private Property. 98 99 (a) Public Nuisance. It is declared unlawful and a public nuisance for an owner of private 100 property to permit the open storage or discarding of abandoned property on private 101 1197 CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 4 of 18 property. The existence of abandoned property, including inoperable motor vehicles, on 102 private property in view of the general public is detrimental to the health, safety, and 103 welfare of the City's residents and violates the City's aesthetic standards. 104 105 (b) Inoperable Motor Vehicles. It shall be the duty of the registered owner of an inoperable 106 motor vehicle, as well as the duty of the owner of the private property or lessee or other 107 person in possession of the private property upon which the inoperable motor vehicle is 108 located, to remove the inoperable motor vehicle from the view of the general public. Even 109 after removal from view of the general public, an inoperable motor vehicle may be parked, 110 stored, or left on private property for a period of time not to exceed ten (10) days. 111 112 (c) Exceptions. This section shall not apply to: 113 114 (1) An inoperable motor vehicle completely enclosed within a building or one that is 115 held in connection with a business enterprise lawfully licensed by the City for the 116 servicing and repair of such vehicles and properly operated in an appropriate 117 business zone pursuant to the zoning ordinances of the City. 118 119 (2) Any antique or collector vehicle registered with the State of Florida, pursuant to 120 Section 320.086, Florida Statutes. However, no more than two (2) antique motor 121 vehicles may be retained by the same owner for collection purposes unless they are 122 appropriately stored. 123 124 (d) Notification Procedure. When an enforcement officer ascertains that an article of 125 abandoned property, including an inoperable motor vehicle, is located upon private 126 property, the enforcement officer shall: 127 128 (1) Cause a notice to be placed upon such abandoned property in the substantially 129 following form: 130 131 NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE FOLLOWING 132 DESCRIBED PROPERTY: 133 134 (setting forth a brief description) 135 136 LOCATED AT: 137 138 (setting forth a brief description of the location) 139 1198 CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 5 of 18 140 is: 141 142 IMPROPERLY STORED AND IS IN VIOLATION OF 143 144 (setting forth ordinance or resolution violated) 145 146 AND MUST BE REMOVED WITHIN FIVE (5) DAYS FROM THE DATE OF THIS NOTICE; 147 OTHERWISE, IT SHALL BE PRESUMED TO BE ABANDONED PROPERTY, AND MAY BE 148 REMOVED AND SOLD OR DESTROYED BY ORDER OF THE CITY OF BOYNTON BEACH, 149 FLORIDA, DATED THIS: 150 (setting forth the date of posting of notice) 151 SIGNED 152 (setting forth name, title, address, and telephone number of enforcement officer) 153 154 (2) The notice shall also advise the persons to whom the notices are applicable that 155 they have five (5) days to request a pre-taking hearing to show cause why the 156 abandoned property should not be removed. The request for hearing shall be 157 delivered by written request to the Boynton Beach City Clerk within five (5) days of 158 the notice posting. 159 160 (3) Such notice shall be not less than eight (8) inches by ten (10) inches and shall be 161 sufficiently weatherproof to withstand normal exposure to the elements. 162 163 (4) In addition to posting the notice, the enforcement officer shall also provide the 164 notice to the owner of the abandoned property, and if an inoperable motor vehicle 165 is involved, the enforcement officer shall make a reasonable effort to ascertain the 166 name and address of the registered owner of the inoperable motor vehicle and 167 send the notice to the registered owner. In all cases, the notices shall be given by 168 hand delivery or by regular and certified mail, return receipt requested, on the date 169 of posting or as soon thereafter as practical. 170 171 (5) The enforcement officer shall mail, by certified mail, a copy of the above-described 172 notice to the owner of the real property upon which the abandoned property is 173 located, as shown by the real estate tax records as provided by the Palm Beach 174 1199 CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 6 of 18 County Property Appraiser's Office, or any other address provided to the local 175 government by such owner, on the date of posting such notice or as soon thereafter 176 as practical. 177 178 (6) If the name and address of the registered owner of an inoperable motor vehicle 179 cannot reasonably be found or determined, a public notice shall be posted by the 180 city clerk on the city hall bulletin board f or five (5) consecutive days. The public 181 notice shall include, at a minimum, the following information: "Public Notice: To 182 Whom It May Concern," date, legal description of the situs, address of such 183 location, a full description of the abandoned/inoperable vehicle; and when 184 available, the last known owner of the vehicle and the date from or approximate 185 period of time during which the nuisance has existed. 186 187 (c) Removal of Abandoned Property. 188 189 (1) If, at the end of five (5) days after posting notice under this section, or 48 hours 190 after the pre-taking hearing, whichever occurs later, the owner or any person 191 interested in such abandoned property described in the notice has not removed 192 the abandoned property, or shown reasonable cause for failure to do so, the City 193 may cause the abandoned property so described to be removed by a towing or 194 salvage company, which shall cause the article or articles of abandoned property 195 to be removed and placed in storage, if applicable with the local, state and federal 196 regulations or the City may cause the abandoned property to be sold or destroyed 197 and the salvage value, if any, of such article shall be retained by the City, to be 198 applied against the cost of removal and destruction thereof. 199 200 (2) The owner of any abandoned property, who, after notice as provided in this 201 section, does not remove the abandoned property within the specified period, 202 shall be liable to the City for all costs of removal and destruction of such 203 abandoned property, less any salvage value received by the City. Upon such 204 removal and destruction, the City shall notify the owner of the amount owed and 205 of the penalty provision of this subsection. 206 207 (3) If the owner fails to timely pay the costs thereof that are incurred by the City, 208 including but not limited to the costs of removal, towing, storage, service and 209 postage, and any other administrative costs or fees attributable to the removal of 210 the abandoned property, the costs shall be charged and billed to the owner of the 211 abandoned property, the registered owner of the inoperable vehicle or the owner 212 1200 CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 7 of 18 of the private property upon which such vehicle was located. Unless payment is 213 made within thirty (30) days of such billing, the special magistrate may assess a 214 fine up to $250 in addition to the other charges set forth herein. Liens may be 215 assessed and levied in accordance with sections 2-79 and 2-79.5 of this Code. 216 217 (4) It is unlawful to remove abandoned property, including inoperable motor vehicles, 218 from private property to public property after the posting of the property by an 219 enforcement officer. 220 221 (5) In the event that the abandoned property is deemed to be an imminent public 222 health and safety hazard, an enforcement officer is authorized to remove the 223 property immediately. Subsequent to the removal of the abandoned property, the 224 City shall make reasonable and diligent efforts to ascertain the owner and take the 225 applicable action. The private property owner shall be provided notice and 226 assessed the cost of removal of the abandoned property and any required clean-227 up of the private property. 228 229 (d) Pre-taking hearing. If a pre-taking hearing is timely requested, the City's Code Enforcement 230 Department shall schedule the hearing and send a notice of hearing to the requesting 231 owner by regular mail. The hearing shall be conducted by the special magistrate in 232 accordance with section 2-77 of this Code. If the special magistrate finds that a violation 233 exists, the abandoned property and/or abandoned/inoperable vehicle shall be removed. If 234 the subject property is removed at any cost to the city, such costs shall be assessed in 235 accordance with subsection (c)(2) above. Further, if a violation is found, the special 236 magistrate shall also order the owner to pay the city's administrative costs within a time 237 certain. 238 239 SECTION 2. That Chapter 12 entitled “Reserved” is hereby amended by DELETING 240 “Reserved” and CREATING a new Chapter entitled “Foreclosed, Vacant and Unimproved 241 Property Registration Program” to state as follows: 242 243 Chapter 12 244 FORECLOSED AND VACANT PROPERTY REGISTRATION PROGRAM 245 246 Sec. 12-1. Purpose and Intent. 247 248 It is the purpose and intent of this Chapter to establish a process to monitor and address the 249 conditions of vacant, abandoned, and distressed real property located within the city. This 250 1201 CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 8 of 18 Chapter is further intended to monitor and reduce the amount of deteriorating property 251 located within the city, on which a public notice of default or lis pendens has been filed, which 252 is in foreclosure, or where ownership has been transferred to a lender or mortgagee by any 253 legal method. It is further intended to establish a registration program as a mechanism to 254 protect neighborhoods from becoming blighted through the lack of adequate maintenance of 255 abandoned or vacated properties, which may or may not be subject to a mortgage, or 256 properties subject to mortgages that are in default. 257 258 Sec. 12-2. Applicability. 259 260 This Chapter relates to abandoned and vacant properties, and property subject to a mortgage 261 that has been determined by the mortgagee to be in default, is in foreclosure, or to properties 262 that have been the subject of a foreclosure sale where title is transferred to the mortgagee or 263 lender as well as any properties transferred to the mortgagee or lender under a deed in lieu of 264 foreclosure by any legal method. All such properties shall comply with the registration, security, 265 and maintenance requirements of this section. 266 267 This Chapter shall be considered cumulative and not superseding or subject to any other law 268 or provision for the same, but shall rather be an additional remedy available to the city above 269 and beyond any other state, county, and/or local provisions for the same. 270 271 Sec. 12-3. Definitions. 272 273 The following words, terms, and phrases, when used in this Chapter, shall have the meanings 274 ascribed to them, except where the context clearly indicates a different meaning. Where the 275 context will permit and no definitions are provided herein, the definitions provided in the 276 Florida Building Code shall indicate the meaning. 277 278 Abandoned property or abandoned real property means any real property that is vacant or 279 distressed. 280 281 Default means that the mortgagee has filed a foreclosure action or public notice of default on 282 the mortgage. A mortgage shall be considered in default at such time as the mortgagee 283 declares said mortgage to be in default in writing, by recording a lis pendens, by its actions, or 284 by commencing foreclosure proceedings, or by any other actions demonstrating a breach of a 285 security covenant on a property. 286 287 1202 CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 9 of 18 Distressed means any condition that, on its own or combined with other conditions present, 288 would lead a reasonable person to believe that a property is neglected, abandoned, or 289 otherwise not being regularly maintained. Such conditions include, but are not limited to: a 290 repeat violation of any provision of this Code, as defined in section 162.04(5), Florida Statutes, 291 or violations which have not been complied; overgrown and/or dead vegetation; the 292 accumulation of trash, junk and/or debris; unsecured doors, windows or other openings; the 293 presence of an unsanitary, stagnant swimming pool, the presence of boards over doors, 294 windows or other openings in violation of the City Code; deterioration of the structure or 295 structures on the property. 296 297 Evidence of vacancy means any condition that, on its own, or combined with other conditions 298 present, would lead a reasonable person to believe that the property is vacant. Such conditions 299 may include, but are not limited to, overgrown and/or dead vegetation, past due utility notices 300 and/or disconnected utilities; accumulation of trash, junk or debris; the absence of furnishings 301 and/or personal items consistent with habitation or occupancy; an unsanitary or stagnant 302 swimming pool; or statements by neighbors, passers-by, delivery agents or government 303 agents, among other evidence of such conditions. 304 305 Foreclosure means the judicial process by which a property, placed as security for a mortgage 306 loan, is to be sold at an auction to satisfy a debt upon which the borrower has defaulted. 307 308 Enforcement officer means a Building Official, Fire Inspector, or Code Enforcement Officer 309 employed by the City. 310 311 Mortgagee means any party holding a mortgage interest, regardless of priority. 312 313 Owner means any person, firm, corporation, or other legal entity who, individually or jointly or 314 severally with others, holds the legal or beneficial title to any building, facilities, equipment, or 315 property subject to the provisions of this chapter. The term shall include the owner's duly 316 authorized agent, a purchaser, devisee, fiduciary, or any other person, firm, corporation, or legal 317 entity having a vested or contingent interest or, in the case of leased premises, the legal holder 318 of the lease or his legal representative. It is intended that this term shall be construed as 319 applicable to the person, firm, corporation, or legal entity responsible for the construction, 320 maintenance, and operation of the building, facilities, or property involved, whether vacant or 321 occupied. 322 323 Property management company means a local property manager, property maintenance 324 company, or similar entity responsible for maintaining the abandoned real property. 325 1203 CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 10 of 18 326 Registrable Property means any real property located in the City, whether vacant or occupied, 327 that is encumbered by a mortgage subject to an ongoing foreclosure action by the mortgagee 328 has been the subject of a foreclosure action by a mortgagee and a judgment has been entered, 329 or has been the subject of a foreclosure sale where the title was transferred to the beneficiary 330 of a mortgage involved in the foreclosure and any properties transferred under a deed in lieu 331 of foreclosure/sale. The designation of a “foreclosure” property as “registrable” shall remain in 332 place until such time as the property is sold to a non-related bona fide purchaser in an arm's-333 length transaction or the foreclosure action has been dismissed. 334 335 Semiannual Registration means six (6) months from the date of the first action that requires 336 registration, as determined by the City or its designee, and every subsequent six (6) months. 337 The date of the initial registration may be different than the date of the first action that required 338 registration. 339 340 Secure manner shall include, but not be limited to, the closure and locking of windows, doors, 341 gates, and other openings of such size that a child may access the interior of the property 342 and/or structure. In the case of broken windows, such windows shall be secured by re-glazing, 343 or if the structure is vacant, it may be boarded up in accordance with Code requirements. 344 345 Vacant property means a parcel of land that contains any building or structure that is not 346 lawfully occupied or inhabited by human beings as evidenced by the conditions set forth in the 347 definition of "evidence of vacancy.” Vacant property does not mean property that is 348 unoccupied while the occupants are temporarily away or is not intended by the owner to be 349 left vacant so long as the period does not exceed six (6) months. 350 351 Sec. 12-4. Penalties. 352 353 Any person who violates the provisions of this Chapter shall, upon conviction, be punished as 354 provided in Section 1-6 of the City’s Code of Ordinances as applicable. In addition, any violation 355 of this Chapter may be enforced through the city's special magistrate process. 356 Sec. 12-5. Registration of Vacant Property. 357 358 (a) Registration by owner. Every owner of a vacant property or property containing a vacant 359 building or structure located within the city shall register with the city by filing a registration 360 application prescribed by the City within ten (10) days of the vacancy. 361 362 1204 CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 11 of 18 (b) A registration application shall contain at least the following information: 363 364 (1) The address and parcel control number of the vacant property. 365 366 (2) For purposes of notice, the owner's name, telephone number, mailing address, and e-367 mail address. 368 369 (3) For purposes of notice, the name, telephone number, mailing address, and e-mail 370 address of an individual or entity designated by the owner who has the authority to 371 make decisions concerning the conditions at the vacant property, as well as any 372 expenditure in connection therewith. 373 374 (4) The city reserves the right to require such other information as needed to carry out this 375 section's public purpose and intent. 376 377 (c) A semiannual registration fee, per property, for the vacant property registration, shall be 378 established by resolution of the city commission. Such fee shall accompany the registration 379 form and shall be for the costs of registration and enforcement of this section. 380 381 (d) Registration pursuant to this section shall be required semiannually for as long as the 382 property is vacant. A case initiated pursuant to this section may be presented to the special 383 magistrate even if, prior to a hearing, the property is no longer vacant or no longer 384 distressed. 385 386 (e) Properties subject to this chapter shall remain under the registration requirement and the 387 inspection, security, and maintenance standards set forth in this section, as long as they 388 remain vacant. 389 390 (f) Any person or other legal entity that has registered a property under this section must 391 report any change of information contained in the registration within ten (10) days of the 392 change. There shall be no fee to update the current owner's information. 393 394 (g) Failure of the property owner of record to properly register or to modify the registration 395 from time to time to reflect a change of circumstances as required by this section is a 396 violation and shall be subject to enforcement by any of the enforcement means available 397 to the city. 398 399 1205 CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 12 of 18 (h) Pursuant to a finding by the special magistrate that any property is in violation of this 400 chapter, the city may take the necessary action to ensure compliance with and place a lien 401 on the property for the cost of the work performed to benefit the property and to bring it 402 into compliance. 403 404 Sec. 12-6. Registration of real property with a mortgagee holding a mortgage in default, 405 foreclosure. 406 407 (a) All property, located within the city, which property is in or has been declared to be in 408 default, mortgage foreclosure, or to properties that have been the subject of a foreclosure 409 sale where title is transferred to the mortgagee as well as any properties transferred to the 410 mortgagee or lender under a deed in lieu of foreclosure by any legal method shall be 411 registered under this section. 412 413 (b) Any mortgagee who holds a mortgage on real property located within the city shall perform 414 an inspection of the property that is the security for the mortgage, upon default by the 415 mortgagor or prior to the issuance of a notice of default. If the property is found to be 416 vacant or shows evidence of vacancy, it shall be deemed vacant or abandoned, and the 417 mortgagee shall register the property in compliance with subsection (c) below, even 418 though the real property may not be vacant. 419 420 (c) Within ten (10) days of the date any mortgagee declares its mortgage to be in default, the 421 mortgagee shall register the real property with the city’s foreclosure registry, and, at the 422 time of registration, indicate whether the property is vacant, and if so shall designate in 423 writing a property manager to inspect, maintain and secure the real property subject to the 424 mortgage in default or defaulted. A separate registration is required for each defaulted 425 property. 426 427 (d) Property inspected pursuant to subsection (b), above, that remains in default shall be 428 inspected every thirty (30) days by the mortgagee or mortgagee’s designee. If an inspection 429 shows a change in the property’s occupancy status, the mortgagee shall update the 430 occupancy status of the property registration within ten (10) days of that inspection. 431 432 (e) Registration pursuant to this section shall contain the name of the mortgagee, the direct 433 mailing address of the mortgagee, a direct contact name and telephone number of 434 mortgagee, facsimile number and e-mail address, and the local property management 435 company responsible for the security and maintenance of the property, and the direct 436 1206 CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 13 of 18 contact name, telephone number, mobile number, and email address of the manager for 437 direct contact. 438 439 (f) This section shall also apply to properties that have been the subject of a foreclosure sale, 440 where the title was transferred to the beneficiary of a mortgage involved in the foreclosure, 441 and any properties transferred under a deed in lieu of foreclosure/sale. 442 443 (g) Properties subject to this section shall remain under the semiannual registration 444 requirements, security, and maintenance standards of this Chapter as long as the mortgage 445 is under foreclosure, in default, or has defaulted. 446 447 (h) Any person or corporation that has registered a property under this section must report 448 any change of information contained in the registration within ten (10) days of the change. 449 450 (i) If any property is in violation of this chapter, the city may take any necessary actions 451 permitted by law to ensure compliance, and the city may place a lien on the property for 452 the cost of the outstanding obligation and any additional costs incurred to bring the 453 property into compliance. 454 455 (j) Registration fees. The city has created a foreclosure registry for properties subject to this 456 Chapter. A semiannual registration fee in an amount set by resolution per property shall 457 accompany the registration for inclusion on the foreclosure registry. 458 459 (1) Each individual property on the registry that has been registered for twelve (12) months 460 or more prior to the effective date of this ordinance shall have thirty (30) days to renew 461 the registration and pay the non-refundable semiannual registration fee. Properties 462 registered less than twelve (12) months prior to the effective date of this ordinance 463 shall renew the registration every six (6) months from the expiration of the original 464 registration renewal date and shall pay the non-refundable semiannual registration fee. 465 466 (2) If the mortgage on a registrable property is sold or transferred, the new mortgagee is 467 subject to all the terms of this Chapter. Within ten (10) days of the transfer, the new 468 mortgagee shall register the property or update the existing registration. The previous 469 mortgagee(s) will not be released from the responsibility of paying all previous unpaid 470 fees, fines, and penalties accrued during that mortgagee’s involvement with the 471 registrable property. 472 473 1207 CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 14 of 18 (3) If the mortgagee sells or transfers the registrable property in a non-arm’s-length 474 transaction to a related entity or person, the transferee is subject to all the terms of this 475 Chapter. Within ten (10) days of the transfer, the transferee shall register the property 476 or update the existing registration. Any and all previous unpaid fees, fines, and 477 penalties, regardless of whom the mortgagee was at the time registration was required, 478 including, but not limited to, unregistered periods during the Foreclosure process, are 479 the responsibility of the transferee and are due and payable with the updated 480 registration. The previous mortgagee will not be released from the responsibility of 481 paying all previous unpaid fees, fines, and penalties accrued during that mortgagee’s 482 involvement with the foreclosed property. 483 484 (4) If the foreclosing or foreclosed property is not registered, or the registration fee is not 485 paid within thirty (30) days of when the registration or renewal is required pursuant to 486 this section and a foreclosure filing, a late fee equivalent to ten percent (10%) of the 487 semiannual registration fee shall be charged for every thirty-day period (30), or portion 488 thereof, the property is not registered and shall be due and payable with the 489 registration. 490 491 Sec. 12-7. Maintenance requirements. 492 493 (a) In addition to the complying with the City's Property Maintenance Code, properties subject 494 to this chapter shall be kept free of weeds, overgrown brush, dead vegetation, trash, junk, 495 debris, building materials, any accumulation of newspapers, circulars, flyers, notices, except 496 those required by federal, state or local law, discarded personal items included, but not 497 limited to, furniture, clothing, large and small appliances, printed material or any other 498 items that give the appearance that the property is abandoned. 499 500 (b) The property shall be maintained free of graffiti or similar markings by removal or painting 501 over with an exterior grade paint that matches the color of the exterior structure. 502 503 (c) Front, side, and rear yard landscaping shall be maintained in accordance with the City's 504 Code of Ordinances at the time registration was required. 505 506 (d) Landscape shall include, but not be limited to, grass, ground covers, bushes, shrubs, 507 hedges, or similar plantings, decorative rock or bark, or artificial turf/sod designed 508 specifically for residential installation. Landscape shall not include weeds, gravel, broken 509 concrete, asphalt, or similar material. 510 511 1208 CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 15 of 18 (e) Maintenance shall include, but not be limited to, watering, irrigation, cutting, and mowing 512 of required landscape and removal of all trimmings. 513 514 (f) Pools and spas shall be maintained so that the water remains free and clear of pollutants 515 and debris. Pools and spas shall comply with the enclosure requirements of this Code and 516 the Florida Building Code, as amended from time to time. 517 518 (g) Failure of the mortgagee and/or property owner of record to properly maintain the property 519 may result in a violation of this Code and issuance of a citation or notice of violation/notice 520 of hearing by a City Code Enforcement Officer. Pursuant to a finding and determination by 521 the City's special magistrate, the City may take the necessary action to ensure compliance 522 with this section. 523 524 Sec. 12-8. Security requirements. 525 526 (a) Properties subject to this Chapter shall be maintained in a secure manner so as not to be 527 accessible to unauthorized persons. 528 (b) A secure manner shall include, but not be limited to, the closure and locking of windows, 529 doors, gates, and other openings of such size that may allow a child to access the interior 530 of the property and/or structure. Broken windows shall be secured by re-glazing. 531 (c) A local property management company shall be contracted to perform bi-weekly (every 532 other week) inspections to verify compliance with the requirements of this Section and any 533 other applicable laws. 534 (d) The property shall be posted with the name and twenty-four (24) hour contact phone 535 number of the local property management company. The posting shall be no less than an 536 eight-inch-by-ten-inch sign. The posting shall contain the following language: 537 THIS PROPERTY IS MANAGED BY: 538 (Name of property management company) 539 TO REPORT PROBLEMS OR CONCERNS CALL: 540 (Telephone number of property management company) 541 The posting shall be placed on the interior of a window facing the street to the front of the 542 property so it is visible, or secured to the exterior of the building/structure facing the street 543 to the front of the property so it is visible, or if no such area exists, on a stake of sufficient 544 1209 CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 16 of 18 size to support the posting in a location as close as possible to the main door entrance of 545 the property. Exterior posting shall be constructed of and printed with weather-resistant 546 materials. 547 (e) The local property management company shall inspect the property on a bi-weekly (every 548 other week) basis to ensure that the property is in compliance with this section. Upon the 549 request of the City or its authorized representative, the local property management 550 company shall provide a copy of the inspection reports to the Code Enforcement 551 Department. 552 (f) Failure of the mortgagee and/or property owner of record to properly maintain the property 553 may result in a violation of this Code and issuance of a citation or notice of violation/notice 554 of hearing by a City Code Enforcement Officer. Pursuant to a finding and determination by 555 the City's special magistrate, the City may take the necessary action to ensure compliance 556 with this section. 557 558 Sec. 12-9. Opposing or obstructing an Enforcement Officer; penalty. Whoever opposes, 559 obstructs, or resists any City officer or any person authorized by the City in the discharge of 560 duties as provided in this section shall, upon conviction, be punished as provided herein. 561 562 Sec. 12-10. Immunity of Code Enforcement Officer. Any Code Enforcement Officer, or any 563 person authorized by the City to act pursuant to the City's Code of Ordinances or state law, 564 shall be immune from prosecution, civil or criminal, for reasonable, good faith trespass upon 565 real property while in the discharge of duties imposed by this Chapter. 566 567 Sec. 12-11. Additional authority. The City's Code Enforcement Administrator, his/her 568 designee, or the City's authorized representative shall have authority to require the mortgagee 569 and/or owner of record of any property affected by this Chapter, to implement additional 570 maintenance and/or security measures, including but not limited to, securing any and all doors, 571 windows or other openings, employment of an on-site security guard, or other measures as 572 may be reasonably required to help prevent further decline of the property. 573 574 Sec. 12-12. Adoption of rules, expenditure of funds, and declaration of municipal 575 purpose. The City Manager, consistent with his/her duties and authorities under the City 576 Charter, including those duties and authorities relating to emergency situations, is authorized 577 and empowered to adopt rules and regulations and expend City funds as may be reasonably 578 necessary and available to carry out the terms of this Chapter, the expenditure of such funds 579 being declared a proper municipal purpose. 580 1210 CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 17 of 18 581 Section 3. It is the intention of the City Commission of the City of Boynton Beach, 582 and it is hereby ordained that the provisions of this Ordinance shall become and be made a 583 part of the Code and Ordinances of the City of Boynton Beach, Florida, and that Sections of this 584 Ordinance may be renumbered, re-lettered and the word “Ordinance” may be changed to 585 “Section,” “Article,” or such other word or phrase in order to accomplish such intention.. 586 Section 4. All Ordinances or parts of Ordinances, Resolutions, or parts of Resolutions 587 in conflict herewith be, and the same are hereby repealed to the extent of such conflict. 588 Section 5. If any clause, section, or other part or application of this Ordinance shall 589 be held by any court of competent jurisdiction to be unconstitutional or invalid, such 590 unconstitutional or invalid part or application shall be considered as eliminated and so not affect 591 the validity of the remaining portions or applications remaining in full force and effect. 592 Section 6. This Ordinance shall become effective immediately upon passage. 593 594 595 596 [SIGNATURES ON FOLLOWING PAGE] 597 598 1211 CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 18 of 18 FIRST READING this _____ day of _________________, 2025. 599 SECOND, FINAL READING AND PASSAGE this _____day of __________, 2025. 600 601 CITY OF BOYNTON BEACH, FLORIDA 602 YES NO 603 604 Mayor – Rebecca Shelton _____ _____ 605 606 Vice Mayor – Woodrow L. Hay _____ _____ 607 608 Commissioner – Angela Cruz _____ _____ 609 610 Commissioner – Thomas Turkin _____ _____ 611 612 Commissioner – Aimee Kelley _____ _____ 613 614 VOTE ______ 615 616 617 618 ATTEST: 619 620 _____________________________ ______________________________ 621 Maylee De Jesús, MPA, MMC Rebecca Shelton 622 City Clerk Mayor 623 624 APPROVED AS TO FORM: 625 (Corporate Seal) 626 627 _______________________________ 628 Shawna G. Lamb 629 City Attorney 630 631 632 1212 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; ☐ 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: 1 See Section 166.041(4)(c), Florida Statutes. AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 10 ENTITLED “GARBAGE, TRASH AND OFFENSIVE CONDITIONS”, ARTICLE III, ENTITLED “ABANDONED PROPERTY” BY REPEALING ARTICLE III IN ITS ENTIRETY AND REPLACING IT WITH A NEW ARTICLE III ENTITLED “ABANDONED PROPERTY”; AMENDING CHAPTER 12 ENTITLED “RESERVED” BY RENAMING IT “FORECLOSED, VACANT AND UNIMPROVED PROPERTY REGISTRATION PROGRAM” AND CREATING NEW SECTIONS THEREUNDER; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. 1213 Page 2 of 3 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): The City of Boynton Beach’s Abandoned Property Ordinance is in need of updating to include State of Florida legislative changes relating to notices and other matters, and to follow the State’s procedures for handling abandoned property on public property which includes regulations for inoperable motor vehicles, derelict vessels, and lost property found as set forth in section 705.103, Florida Statutes. It has been determined that it is in the best interest of the City to consolidate abandoned property on private property processes and to streamline the special magistrate processes. 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: 1214 Page 3 of 3 No businesses will be impacted by the proposed ordinance 4. Additional information the governing body deems useful (if any): NONE 1215 City of Boynton Beach Agenda Item Request Form 10.C Regular Agenda 08/19/2025 Meeting Date: 08/19/2025 Proposed Ordinance No. 25-016- First Reading, An ordinance of the City of Boynton Beach, Florida repealing and replacing Chapter 15 "Offenses- Miscellaneous*," Article I "In General" Noise Control-Short title," and creating new sections thereunder; providing for conflicts, severability, codification; and providing an effective date. Requested Action: Staff recommend the approval of Proposed Ordinance No. 25-016, on first reading. Explanation of Request: The Commission has proposed adding construction noise regulations near residential zones, including time restrictions, to the City Code of Ordinances. The Noise Control-Short Title ordinance is being requested to be repealed and replaced to improve efficiency, enhance enforcement, and better address community concerns regarding construction noise near residential zones. Additionally, it includes requirements for noise mitigation waivers during non-permitted hours. How will this affect city programs or services? This will not affect City programs or services. Account Line Item and Description: N/A Fiscal Impact: There is no fiscal impact to the budget for this item. Attachments: Ord 25-016 Repeal_and_Replace_Section_15-8_through_15-8.7_-_Noise_Ordinance.docx Business-impact-estimate_Noise Ordinance.docx 1216 25-01219- IG CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 1 of 14 ORDINANCE NO. 25-016 1 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 2 BOYNTON BEACH, FLORIDA, REPEALING AND REPLACING CHAPTER 3 15 “OFFENSES-MISCELLANEOUS,” ARTICLE I “IN GENERAL,” SECTIONS 4 15-8 THROUGH 15-8.7 WITH UPDATED REGULATIONS REGARDING 5 NOISE CONTROL; PROVIDING FOR SEVERABILITY; PROVIDING FOR 6 CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING AN 7 EFFECTIVE DATE. 8 9 WHEREAS, Part II “Code of Ordinances,” Chapter 15 “Offenses-Miscellaneous,” Article 10 I “In General,” Sections 15-8 through 15-8.7 of the City’s Code of Ordinances currently regulate 11 noise and sound emissions within the City; and 12 WHEREAS, the City Commission of the City of Boynton Beach, Florida, deems it to be 13 in the best interest of the citizens and residents of the City to update its regulations regarding 14 noise and sound emissions to include construction noise regulations near residential zones; 15 and 16 WHEREAS, the City Commission desires to repeal and replace the existing Sections 15-17 8 through 15-8.7 with updated and more comprehensive regulations; and 18 WHEREAS, the City Commission finds the amendment of Chapter 15 “Offenses-19 Miscellaneous,” Article I “In General,” Sections 15-8 through 15-8.7 of the City’s Code of 20 Ordinances is in the best interest of the citizens and residents of the City of Boynton Beach. 21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 22 BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as 24 being true and correct and are hereby incorporated herein and made a part hereof. 25 Section 2. That Chapter 15 “Offenses-Miscellaneous,” Article I “In General,” Sections 26 15-8 through 15-8.7 of the City’s Code of Ordinances is hereby repealed in its entirety and 27 replaced with the following language: 28 1217 25-01219- IG CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 2 of 14 29 Sec. 15-8. Purpose and scope. 30 It is the purpose of sections 15-8 through 15-8.7 to prevent, prohibit, and provide for the 31 abatement of excessive and unnecessary noise which may injure the health or welfare or 32 degrade the quality of life of the visitors, citizens, and residents of the City of Boynton Beach. 33 This section shall apply to the control of all sound and noise originating within the limits of this 34 jurisdiction. It is further the intent of this chapter to recognize that factors such as the time of 35 day, location (e.g., proximity to residences), necessity of public projects for the public good, 36 and necessity of sound and noise incidental to allowed uses and activities must be considered 37 in balancing the protection of public peace and individual freedoms. 38 39 Sec. 15-8.1. Definitions. 40 All terminology used in this section shall be as defined herein or, if not defined, given plain 41 meaning by reference to a standard dictionary definition. When interpretation is required by 42 reference to a source more definitive than this code or a dictionary, reference shall first be 43 made to publications of the American National Standards Institute (ANSI): 44 Adjacent. Any receiving property separated by a street, alley, canal, and/or easement that is 45 touched by a line drawn perpendicular from any portion of the property generating the sound. 46 Construction. Any site preparation, assembly, erection, substantial repair, demolition, 47 alteration, or similar action, for or on public or private right-of-way, structures, utilities, or 48 similar property, excluding well pointing. 49 Emergency work. Any work necessary to restore property to a safe condition following a 50 natural disaster or emergency event, work to restore public utilities, or work required to protect 51 person or property from an imminent exposure to danger. 52 1218 25-01219- IG CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 3 of 14 Enforcement officer. Those employees or other agents of the City, designated by ordinance, 53 or duly authorized and appointed by the City Manager, whose duty is to enforce City Codes. 54 This definition shall include, but not be limited to, law enforcement police officers and code 55 enforcement officers. 56 Legal holidays. Those recognized by the City include New Year's Day, Martin Luther King, Jr. 57 Day, Presidents Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Veterans Day, 58 Thanksgiving Day, the day after Thanksgiving, Christmas Eve, and Christmas Day, or any other 59 legally recognized federal holiday. 60 Noise-sensitive zone. Existing quiet zones until designated otherwise by a competent 61 authority. Noise-sensitive zones include but are not limited to operations of schools, libraries 62 open to the public, courthouses, churches, synagogues, mosques, hospitals, and nursing 63 homes. 64 Plainly audible. A sound capable of being heard by a human being without the assistance of 65 a mechanical or electronic listening or amplifying device. 66 Property line. An imaginary line along the surface and its vertical plane extension that 67 separates the real property owned, rented, or leased by one person from that owned, rented, 68 or leased by another person, excluding intra-building real property divisions. 69 Quiet hours. The time periods during which enhanced noise restrictions apply: 70  Weekdays (Sunday night through Thursday night): 10:00 p.m. to 7:00 a.m.; and 71  Weekends (Friday night and Saturday night): 11:00 p.m. to 8:00 a.m. 72 Receiving property. The land receiving noise or sound as designated by the City zoning map 73 (and for recently incorporated areas, the effective zoning category). 74 Residence. Any occupied room or rooms connected together containing sleeping facilities, 75 including single and multiple-family homes, townhomes, apartments, condominium units, and 76 hotel and motel rooms. 77 1219 25-01219- IG CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 4 of 14 Sound disturbance. Any sound or noise which is: 78 (1) Plainly audible beyond a distance of twenty-five (25) feet from the apparent property 79 line from which the sound emanates, in a single residential zoning district, or 80 (2) Plainly audible in a dwelling unit adjacent to the unit from which the sound emanates 81 or is plainly audible twenty-five (25) feet from the apparent property line from which 82 the sound emanates, in multi-family residential zoning districts. 83 (3) Plainly audible beyond a distance of one hundred (100) feet from the apparent 84 property line from which the sound emanates when the sound emanates in a 85 commercial zoning district and is heard in a residential zoning district. 86 (4) Plainly audible beyond a distance of one hundred (100) feet from the apparent 87 property line from which the sound emanates when the sound emanates in a public 88 use zoning district and is heard in a residential zoning district. 89 For the purpose of enforcement, it is not necessary to identify the property line as would be 90 depicted on a survey; instead, an approximation of the property line may be used, taking into 91 consideration physical landmarks such as fences, landscaping, setbacks, driveways, or ground 92 treatment. 93 94 Sec. 15-8.2. Enforcement. 95 If a complaint is received for violations of this article, an enforcement officer shall investigate 96 to determine if a violation exists. If the enforcement officer observes a violation of this article, 97 the enforcement officer shall inform the violator that they must immediately cease the violation 98 and will be subject to additional penalties if the violation continues, and issue a notice of 99 violation to the violator as provided in this Code. 100 No citation or notice to appear for a violation of this section shall be issued until a law 101 enforcement officer or code enforcement officer has contacted the property owner, occupant, 102 1220 25-01219- IG CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 5 of 14 or operator from which the offending sound emanates to request abatement of the offending 103 sound. When a request for abatement is made and the offending sound is not immediately 104 abated, or if it resumes within fifteen (15) minutes following initial abatement, or occurs again 105 within seven (7) days, a citation or notice to appear may issue without additional request for 106 abatement. 107 108 Sec. 15-8.3. Unreasonably loud noise prohibited. 109 (a) General prohibition. Unreasonably loud noise disturbances are prohibited. No person shall 110 unnecessarily make, continue, or cause to be made or continued any sound or noise 111 disturbances. 112 (b) Specific prohibitions. It shall be unlawful for any person to make, continue, or cause to be 113 made or continued any unreasonably loud, excessive, unnecessary, or unusual noise. The 114 following acts, among others, are declared to be unreasonably loud, excessive, unnecessary, or 115 unusual noises in violation of this section, but this enumeration shall not be deemed to be 116 exclusive: 117 (1) Sound reproduction devices. The playing, using, operating or permitting to be played, 118 used or operated, any radio, phonograph or musical instrument, or other machine or device 119 for the producing or reproducing of sound in such a manner or with such volume, that is plainly 120 audible to any person other than the player(s) or operator(s) of the device, and those who are 121 voluntarily listening to the sound, and is plainly audible from a public street, the adjacent lot 122 nearest to the source, or at a distance of twenty-five (25) feet or more during quiet hours. 123 (2) Loudspeakers. Using or operating for any purpose other than those activities specifically 124 exempted in section 15-8.4 below, any loudspeaker, loudspeaker system, or similar device, 125 including sound-emitting devices which may be physically attached to any motor vehicle. 126 1221 25-01219- IG CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 6 of 14 (3) Street sales. Offering for sale, selling, or advertising for sale by shouting or outcry, anything 127 within any area of the city. 128 (4) Animals. Owning, possessing or harboring any animal, bird or fowl which persistently howls, 129 barks, meows, squawks, bays, cries or otherwise makes noises or sounds which create a noise 130 or sound disturbance or is plainly audible from a public street, and/or from a distance of 131 twenty-five (25) feet and/or from the adjacent lot nearest to the building, structure, or yard in 132 which the animal, bird or fowl is located. A person is responsible for an animal, bird, or fowl if 133 the person owns, controls, or otherwise cares for the animal, bird, or fowl. It shall be an 134 affirmative defense to any charge hereunder that such animal, bird, or fowl was emitting such 135 noise in response to any person's intrusion upon the premises. 136 (5) Loading or unloading. Loading, unloading, opening, closing, or other handling of boxes, 137 crates, containers, building materials, garbage cans, or similar objects during quiet hours in 138 such a manner as to cause a noise or sound disturbance. 139 (6) Construction. Operating or causing the operation of any tools or equipment used in 140 construction, drilling, excavation, clearing, repair, alteration, or demolition work except during 141 the times specified in section 15-8.5, or at any time during Sundays or legal holidays, except as 142 provided for emergency work or with an approved Noise Mitigation Waiver. 143 (7) Fixed mechanical equipment. Operating or causing the operation of fixed mechanical 144 equipment located on real property, including HVAC equipment, motors, engines, pumps, 145 compressors, fans, tools, machinery, and their component parts, or any other similar stationary 146 mechanical devices and their component parts, except as otherwise exempted in section 15-147 8.4. 148 (8) Motorboats. Operating or causing the operation of a motorboat in such a manner as to 149 cause a noise or sound disturbance. 150 1222 25-01219- IG CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 7 of 14 (9) Human vocal sounds. Yelling, shouting, hooting, whistling, singing, and other vocal sounds 151 in excess of a normal conversational level during quiet hours, so as to create a plainly audible 152 sound across a residential real property line or on a public right-of-way or public property, or 153 that is plainly audible to an occupant of a dwelling unit within a building other than an 154 occupant of the unit from which the sound emanates, that can be heard from a distance of 155 twenty-five (25) feet or more from the source, in noise-sensitive zones. This section is to be 156 applied only to those situations where the disturbance is not a result of the content of the 157 communication but due to the volume, duration, location, timing, or other factors not based 158 on content. 159 (10) Vehicle noise. Operating any automobile, motorcycle, or other motor vehicle that 160 produces excessive noise plainly audible from twenty-five (25) feet or more due to: 161 a. Defective or modified exhaust systems, mufflers, or engine components; 162 b. Worn or damaged mechanical parts causing grinding, rattling, or squealing sounds; 163 c. Overloading that causes abnormal engine strain or mechanical noise; or 164 d. Any other mechanical condition or modification that creates unreasonably loud noise 165 during normal operation. 166 (11) Model vehicles. Operating or permitting the operation of powered model vehicles, either 167 airborne, waterborne, or land borne, which are designed not to carry persons or property, such 168 as, but not limited to, model airplanes, boats, cars, rockets, and which are being propelled by 169 mechanical means, within a public recreation area or park other than those areas specifically 170 designated for such purpose by the City Commission. 171 (12) Noise near sensitive zones. The creation of any sound or noise on any street adjacent to 172 a noise sensitive zone, where those entities defined herein as being part of a noise-sensitive 173 zone are in operation, which is plainly audible within the entity, from a distance of twenty-five 174 1223 25-01219- IG CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 8 of 14 (25) feet from the noise or sound, and interferes with the operation of the entity, provided 175 conspicuous signs are displayed indicating the presence of a noise-sensitive zone. 176 (13) Horn and signaling devices. The sounding of any horn or signaling device, except as a 177 danger warning, for any unnecessary or excessive period of time, or the reasonable use of any 178 horn or signaling device, in such manner as to cause a noise or sound disturbance. 179 (14) General disturbances. The creation or permitting of any loud or raucous noise or sound 180 so as to disturb the peace, quiet, or comfort of a residence within the immediate or adjacent 181 neighborhood. 182 (15) Vibration. The creation or permitting of any sound or noise that produces a ground 183 vibration, noticeable without instruments, at the lot lines of the property from which the sound 184 or noise emanates, provided there shall be excepted from the provisions of this division the 185 use of pile drivers, back hoes, tampers, ditch diggers, bobcats, road graders, rollers and like 186 equipment used in standard construction during permitted construction hours. The City 187 Manager, or designee, upon receiving complaints for excessive vibrations, may require 188 vibration sensors to be installed and monitored at property lines at the expense of the property 189 owner generating the vibration. 190 (c) Generators - limited exemption. Notwithstanding the foregoing prohibited acts, gasoline 191 or propane-powered generators are permitted during periods of power outage following 192 natural disasters and during maintenance periods. Maintenance operations shall only occur 193 between 8:00 a.m. and 6:00 p.m. on weekdays and only for the minimum amount of time 194 required by the manufacturer, not to exceed one hour per week. Any person using a generator, 195 except during periods of power outage, is subject to the restrictions on noise generation as 196 otherwise outlined in this chapter. 197 198 199 1224 25-01219- IG CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 9 of 14 Sec. 15-8.4. Exemptions. 200 The following acts and the causing or permitting thereof shall be specifically exempted from 201 the prohibitions of section 15-8.3: 202 (1) Aircraft and transportation. Noise generated by aircraft, interstate railway locomotives, 203 and cars. 204 (2) Emergency activities. Any noise generated as a result of emergency work or for the 205 purpose of alerting the public to the existence of an emergency situation. 206 (3) Domestic equipment. Any noise generated by the operation and use of domestic power 207 tools and lawn maintenance equipment between 7:00 a.m. and 8:00 p.m. on weekdays, 8:00 208 a.m. and 6:00 p.m. on Saturdays, and 10:00 a.m. and 6:00 p.m. on Sundays and legal holidays. 209 (4) Residential HVAC. Noise generated by operating and using air conditioning units in 210 residential districts that are properly maintained and operating within the manufacturer's 211 specifications. 212 (5) Musical instruments. Non-amplified solo musical instrument played by an individual within 213 a private residence between the hours of 9:00 a.m. and 9:00 p.m. 214 (6) Public safety and utilities. Noises and sounds of authorized safety signals, warning 215 devices, and any City vehicle while engaged in necessary public business. 216 (7) Emergency and utility work. Noises and sounds resulting from emergency work, which is 217 to be construed as work made necessary to restore property and/or utilities to a safe condition 218 following a natural disaster or emergency event, or work required to protect persons or 219 property from imminent exposure to danger. This exemption includes noises from emergency 220 communications and utility work following natural disasters or emergency events, and in 221 connection with the restoration of service operations. 222 1225 25-01219- IG CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 10 of 14 (8) Permitted events. Parades, fireworks displays, special events, and other activities for which 223 a permit has been obtained from the City, within such hours and in accordance with such 224 restrictions as may be imposed as conditions for the permit issuance. 225 (9) Public construction. Municipal, county, or state public works, emergency matters, or 226 matters having an effect on the public health, safety, and welfare of the City, provided such 227 work complies with the construction time limitations in section 15-8.5 or has received approval 228 for extended hours due to public safety necessity. 229 230 Sec. 15-8.5. Construction site noise regulations. 231 (a) General requirements. Construction shall be permitted only during the hours set forth 232 herein. All equipment shall be operated in accordance with the manufacturer's specifications, 233 shall be in good repair, and shall utilize all noise baffling methods specified by the 234 manufacturer. 235 (b) Permitted construction hours: 236  Residential zones: Monday through Friday 7:00 a.m. to 7:00 p.m.; Saturday 8:00 a.m. 237 to 5:00 p.m. 238  Commercial zones: Monday through Friday 7:00 a.m. to 7:00 p.m.; Saturday 8:00 a.m. 239 to 5:00 p.m. 240  All zones: No construction activities on Sundays and legal holidays. 241 (c) Prohibited equipment during restricted hours. The following construction activities may 242 not be operated between 7:00 p.m. and 7:00 a.m. on weekdays, between 5:00 p.m. and 8:00 243 a.m. on Saturdays, and are prohibited on Sundays and legal holidays: 244 1. Any equipment used in construction activity, repair, alteration, or demolition work on 245 buildings, structures, streets, alleys, or appurtenances thereto. 246 1226 25-01219- IG CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 11 of 14 2. Any pile driver, steam shovel, pneumatic hammer, derrick, or steam or electric hoist. 247 (d) Exemptions: 248 1. Residential homeowners performing ordinary maintenance or home projects are 249 exempt from permits per the Boynton Beach Administrative Amendments to the Florida 250 Building Code, as may be amended from time to time. 251 2. Emergency work as defined in section 15-8.1. 252 253 Sec. 15-8.6. Noise Mitigation Waiver. 254 (a) Application. The City Manager or designee may approve a Noise Mitigation Waiver for 255 construction activities outside permitted hours upon written application demonstrating: 256 1. Exceptional circumstances requiring work outside normal hours; 257 2. Measures to minimize noise impact on surrounding properties; 258 3. Limited duration and scope of work; and 259 4. Public benefit or safety necessity. 260 (b) Conditions. All Noise Mitigation Waiver approvals shall: 261 1. Specify exact hours, dates, and activities authorized; 262 2. Include conditions to minimize noise impact; 263 3. Require notification to affected properties; and 264 4. Be subject to immediate revocation for violations. 265 (c) Limitations. Noise Mitigation Waivers: 266 1. May authorize work as early as 6:00 a.m. Monday through Friday only; 267 1227 25-01219- IG CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 12 of 14 2. Shall not exceed 30 days total duration; and 268 3. Do not constitute compliance for violations occurring prior to issuance. 269 270 Sec. 15-8.7. Enforcement and penalties. 271 (a) Jurisdiction. The City’s Special Magistrate shall have jurisdiction to hear and decide cases 272 in which violations of this chapter are alleged; or 273 (b) Code enforcement. The City may enforce the provision of this Code by Code of Ordinance 274 enforcement procedures as provided by Chapter 162, Part 2, Florida Statutes; or 275 (c) Citation penalties. The City may prosecute violations by issuance of notices to appear for 276 violation of a City Ordinance, in which case, the penalty for a violation shall be as follows: 277 1. First violation - $100.00 278 2. Second violation within twelve (12) months of adjudication of first violation - $250.00 279 3. Third violation within eighteen (18) months of adjudication of first violation - $500.00 280 Each calendar day on which a violation exists shall constitute a separate violation for the 281 purpose of determining the fine. 282 (d) Nuisance action. A violation of this Article may be prosecuted as a nuisance. The City 283 Attorney may bring suit on behalf of the City, or any affected citizen may bring suit in his or 284 her name against the person or persons causing or maintaining the violation, or against the 285 owner/agent of the building or property on which the violation exists. 286 (e) Criminal enforcement. Violations of this Article may be enforceable by arrest. 287 (f) Joint liability. For the purpose of this section, any person owning or having responsibility 288 for management of a business premises, any performer or disc jockey producing sound upon 289 any business premises, any person playing, producing, or controlling music or other sound, any 290 person having control of the volume of music or sound, and the business as named on the 291 1228 25-01219- IG CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 13 of 14 business tax receipt where the music or sound is emanating may be jointly and severally liable 292 for compliance with this Article. 293 294 Section 3. It is the intention of the City Commission of the City of Boynton Beach, 295 and it is hereby ordained that the provisions of this Ordinance shall become and be made a 296 part of the Code and Ordinances of the City of Boynton Beach, Florida, and that Sections of this 297 Ordinance may be renumbered, re-lettered and the word “Ordinance” may be changed to 298 “Section,” “Article,” or such other word or phrase in order to accomplish such intention.. 299 Section 4. All Ordinances or parts of Ordinances, Resolutions, or parts of Resolutions 300 in conflict herewith be, and the same are hereby repealed to the extent of such conflict. 301 Section 5. If any clause, section, or other part or application of this Ordinance shall 302 be held by any court of competent jurisdiction to be unconstitutional or invalid, such 303 unconstitutional or invalid part or application shall be considered as eliminated and so not affect 304 the validity of the remaining portions or applications remaining in full force and effect. 305 Section 6. This Ordinance shall become effective immediately upon passage. 306 307 [SIGNATURES ON FOLLOWING PAGE] 308 309 1229 25-01219- IG CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 14 of 14 FIRST READING this _____ day of _________________, 2025. 310 SECOND, FINAL READING AND PASSAGE this _____day of __________, 2025. 311 312 CITY OF BOYNTON BEACH, FLORIDA 313 YES NO 314 315 Mayor – Rebecca Shelton _____ _____ 316 317 Vice Mayor – Woodrow L. Hay _____ _____ 318 319 Commissioner – Angela Cruz _____ _____ 320 321 Commissioner – Thomas Turkin _____ _____ 322 323 Commissioner – Aimee Kelley _____ _____ 324 325 VOTE ______ 326 327 328 329 ATTEST: 330 331 _____________________________ ______________________________ 332 Maylee De Jesús, MPA, MMC Rebecca Shelton 333 City Clerk Mayor 334 335 APPROVED AS TO FORM: 336 (Corporate Seal) 337 338 _______________________________ 339 Shawna G. Lamb 340 City Attorney 341 342 343 1230 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; ☐ 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. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REPEALING AND REPLACING PART II, “CODE OF ORDINANCES,” CHAPTER 15 “OFFENSES- MISCELLANEOUS,” ARTICLE I “IN GENERAL,” SECTIONS 15-8 THROUGH 15-8.7 WITH UPDATED REGULATIONS REGARDING NOISE CONTROL; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING AN EFFECTIVE DATE. 1231 Page 2 of 3 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): Chapter 15 “Offenses-Miscellaneous,” Article I “In General,” Sections 15-8 through 15- 8.7 of the City’s Code of Ordinances currently regulates noise and sound emissions within the City. The City Commission of the City of Boynton Beach, Florida, deems it to be in the best interest of the citizens and residents of the City to update its regulations regarding noise and sound emissions to include construction noise regulations near residential zones. 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: Construction companies operating within the City of Boynton Beach may be impacted by the proposed ordinance. 4. Additional information the governing body deems useful (if any): 1232 Page 3 of 3 NONE 1233 City of Boynton Beach Agenda Item Request Form 10.D Regular Agenda 08/19/2025 Meeting Date: 08/19/2025 Proposed O rdinance No. 25-017- First Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, correcting errors in the legal descriptions contained in Ordinance 23-006 approving the abandonment of the 225-foot long segment of the 20-foot wide right-of-way located within the northern section of the proposed The Pierce development approximately 175 feet south of the East Boynton Beach Boulevard centerline (a.k.a. "North Alley"), the 225-foot long segment of the 40-foot wide NE 1st Avenue right-of-way, and the 335.02-foot long segment of the 20-foot wide right-of-way located within the southern section of the proposed The Pierce development, approximately 150 feet north of the East Ocean Avenue centerline (a.k.a. "South Alley"); authorizing the City Manager to execute an amended disclaimer, which shall be recorded with this ordinance in the public records of Palm Beach County, Florida; providing an effective date; and for all other purposes. Requested Action: Staff recommends approval of Proposed Ordinance No. 25-017, on first reading. Explanation of Request: The City Commission previously approved an abandonment related to The Pierce development on March 13, 2023 (see attached ordinance). The parties discovered some errors in the legal descriptions of the 1st Street, North Alley, and South Alley abandonment areas. 1. First Street- the original description had the wrong point of beginning, which resulted in the original area described being 5' longer than it actually was (225' long noted in the original ordinance, whereas 220' long is the correct measurement). As such, the total area based on the updated legal description is less than noted in the original (8,800 SF in the updated description, whereas 9,003.59 SF was noted in the original) 2. North Alley- minor modification to the language in the legal description, no impact on the overall lot dimensions or area. The original description noted "20.00 feet to the northeast corner of the west half of Lot 12, said Block 1," which has been corrected to note "20.00 feet to the south line of said alleyway." 3. South Alley- the original description had the wrong point of beginning; however, this did not impact the overall area dimensions. The area of abandonment was adjusted slightly due to a mathematical error (6,700.30 SF in the original description, whereas 6,700.40 SF is the correct measurement) This ordinance corrects the errors in the legal descriptions outlined above. 1234 How will this affect city programs or services? N/A Account Line Item and Description: N/A Fiscal Impact: There is no fiscal impact to the budget for this item. Attachments: Ord 25-017 Correcting_Legal_Description_in_Ordinance_23-006.docx Ordinance no. 23-006.pdf Business-impact-estimate_Agenda Item 3506-2025.docx 1235 Page 1 of 8 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. ORDINANCE NO. 25-017 1 2 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 3 BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 23-006 BY 4 CORRECTING THE ORDINANCE TITLE AND LEGAL DESCRIPTIONS OF 5 THE 1ST STREET, NORTH ALLEY, AND SOUTH ALLEY ABANDONMENT 6 AREAS; AUTHORIZING THE CITY MANAGER TO EXECUTE AN 7 AMENDED DISCLAIMER, WHICH SHALL BE RECORDED WITH THIS 8 ORDINANCE IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, 9 FLORIDA; PROVIDING FOR CODIFICATION; PROVIDING FOR 10 SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN 11 EFFECTIVE DATE. 12 13 WHEREAS, the City Commission of the City of Boynton Beach, Florida, adopted Ordinance 14 No. 23-006 approving the abandonment of the 225-foot long segment of the 20-foot wide right-15 of-way located within the northern section of the proposed The Pierce development 16 approximately 175 feet south of the East Boynton Beach Boulevard centerline (a.k.a. "North 17 Alley"), the 220-foot long segment of the 40-foot wide NE 1st Avenue right-of-way, and the 18 335.02-foot long segment of the 20-foot wide right-of-way located within the southern section 19 of the proposed The Pierce development, approximately 150 feet north of the East Ocean Avenue 20 centerline (a.k.a. "South Alley"); and 21 WHEREAS, the parties discovered scrivener errors in the ordinance title and legal 22 descriptions of the 1st Street, North Alley, and South Alley abandonment areas; and 23 WHEREAS, the City Commission desires to correct the errors in the title and legal 24 descriptions; and 25 1236 Page 2 of 8 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. WHEREAS, the City Commission has determined that this amendment serves the public 26 health, safety, and welfare of the citizens of the City of Boynton Beach. 27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 28 BOYNTON BEACH, FLORIDA: 29 Section 1: The foregoing “WHEREAS” clauses are hereby ratified as being true and 30 correct and are hereby made a specific part of this Ordinance upon adoption hereof. 31 Section 2: Section 2. Of Ordinance No. 23-006 is hereby repealed in its entirety and 32 replaced with the following language: 33 Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby 34 abandon the 225-foot long segment of the 20-foot wide right-of-way located within the northern 35 section of the proposed The Pierce development approximately 175 feet south of the East Boynton 36 Beach Boulevard centerline (a.k.a “North Alley”), the 220-foot long segment of the 40-foot wide 37 NE 1st Avenue right-of-way, and the 335.02-foot long segment of the 20-foot wide right-of0way 38 located within the southern section of the proposed The Pierce development, approximately 150 39 feet north of the East Ocean Avenue centerline (a.k.a “South Alley”). The property being 40 abandoned is more particularly described as follows: 41 42 South Alley Legal Description 43 A PORTION OF THE 20' ALLEYWAY AS SHOWN ON ORIGINAL TOWN OF BOYNTON, 44 ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 23, 45 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 46 SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 47 COMMENCING AT THE SOUTHWEST CORNER OF LOT 7, BLOCK 6, SAID PLAT OF 48 ORIGINAL TOWN OF BOYNTON, PROCEED THENCE ALONG THE NORTH LINE OF SAID 49 ALLEYWAY, ALSO BEING THE SOUTH LINE OF SAID BLOCK 6, N89°46'59"E A DISTANCE 50 OF 335.02 FEET TO A POINT 10 FEET WEST OF THE PLATTED WEST RIGHT OF WAY OF 51 FEDERAL HIGHWAY (US HIGHWAY NO. 1), SAID POINT BEING THE WEST RIGHT OF WAY 52 LINE OF SAID FEDERAL HIGHWAY PER F.D.O.T. R/W MAP SECTION 93010-2501, SHEET 53 4 OF 10; THENCE PROCEED ALONG SAID RIGHT OF WAY LINE S01°22'36"E A DISTANCE 54 OF 20.00 FEET TO A POINT ON THE SOUTH LINE OF SAID ALLEYWAY; THENCE PROCEED 55 1237 Page 3 of 8 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. ALONG SAID SOUTH LINE S89°46'59"W A DISTANCE OF 335.02 FEET TO A POINT 5.00 56 FEET EAST OF THE WEST LINE OF SAID BLOCK 6; THENCE PROCEED N01°22'36"W A 57 DISTANCE OF 20.00 FEET TO THE POINT AND PLACE OF BEGINNING. 58 CONTAINING 6700.30 SQUARE FEET. 59 Portion of North Alley Legal Description 60 A PARCEL OF LAND BEING A PORTION OF THE 20 FEET WIDE ALLEYWAY IN BLOCK 1, 61 ORIGINAL TOWN OF BOYNTON, ACCORDING TO THE MAP OR PLAT THEREOF AS 62 RECORDED IN PLAT BOOK 1, PAGE 23, PUBLIC RECORDS OF PALM BEACH COUNTY, 63 FLORIDA. 64 SAID PARCEL LYING IMMEDIATELY ADJACENT TO LOTS 6 THROUGH 11, AND THE WEST 65 OF LOT 12. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 66 BEGINNING AT THE SOUTHWEST CORNER OF LOT 7, BLOCK 1, SAID PLAT OF ORIGINAL 67 TOWN OF BOYNTON, PROCEED THENCE ALONG THE NORTH LINE OF SAID ALLEYWAY 68 AND ALSO BINT THE SOUTH LINE OF LOTS 6 AND 7 N89°48'41"E A DISTANCE OF 69 100.00 FEET TO A POINT ON THE SOUTHEAST CORNER OF LOT 6, THENCE DEPARTING 70 SAID LINE PROCEED ALONG THE SOUTHERLY EXTENSION OF THE EAST LINE OF SAID 71 LOT 6 S01°22'23"E A DISTANCE OF 10.00 FEET TO A POINT; THENCE PROCEED ALONG 72 A LINE TEN FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF SAID 73 ALLEYWAY, N89°48'41"E A DISTANCE OF 125.00 FEET (SAID LINE BEING THE 74 CENTERLINE OF SAID ALLEYWAY) THENCE PROCEED S01°22'36"E TO THE SOUTH LINE 75 OF SAID ALLEYWAY AND INTERSECTION OF THE EAST LINE OF THE WEST½ OF LOT 12, 76 SAID BLOCK 1, THENCE PROCEED ALONG THE SOUTH LINE OF SAID ALLEYWAY 77 S89°48'41"W A DISTANCE OF 125.00 FEET TO A POINT ON THE EAST RIGHT OF WAY 78 LINE OF NE 4TH STREET (PLATTED AS PALMETTO STREET, SAID POINT ALSO BEING THE 79 NORTHWEST CORNER OF LOT 8, BLOCK 1; THENCE PROCEED N01°22'36"W A 80 DISTANCE OF 20.00 FEET ALONG SAID EAST RIGHT OF WAY LINE TO A PO INT IN THE 81 SOUTHWEST CORNER OF LOT 7, ALSO BEING THE POINT AND PLACE OF BEGINNING. 82 CONTAINING 3251.00 SQUARE FEET. 83 84 Portion of NE 1st Ave Legal Description 85 A PORTION OF THE RIGHT OF WAY OF NE 1ST AVENUE AS SHOWN ON ORIGINAL 86 TOWN OF BOYNTON, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN 87 PLAT BOOK 1, PAGE 23, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 88 SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 89 BEGINNING AT THE SOUTHWEST CORNER OF LOT 8, BLOCK 1, SAID PLAT OF ORIGINAL 90 TOWN OF BOYNTON, PROCEED ALONG THE NORTH RIGHT OF WAY LINE OF SAID NE 91 1ST AVENUE N89°48'41"E A DISTANCE OF 225 FEET TO A POINT BEING THE 92 SOUTHEAST CORNER OF THE WEST 1/2 OF LOT 12, BLOCK 1: THENCE DEPARTING SAID 93 1238 Page 4 of 8 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. NORTH RIGHT OF WAY LINE PROCEED S01°22'36"E A DISTANCE OF 40 FEET TO A 94 POINT ON THE SOUTH RIGHT OF WAY LINE OF SAID NE 1ST AVENUE (ALSO BEING THE 95 NORTH LINE OF BLOCK 6); THENCE PROCEED S89°48'41"W A LONG SAID SOUTH RIGHT 96 OF WAY LINE A DISTANCE OF 225.00 FEET TO THE NORTHWEST CORNER OF LOT 7, 97 BLOCK 6, ALSO BEING THE INTERSECTION POINT OF THE EAST RIGHT OF WAY LINE OF 98 NE 4TH STREET (PLATTED AS PALMETTO STREET); THENCE PROCEED N01°22'36" 99 ALONG SAID EASTERLY RIGHT OF WAY LINE A DISTANCE OF 40.00 FEET TO THE 100 SOUTHWEST CORNER OF LOT 8, BLOCK 1, ALSO BEING THE POINT AND PLACE OF 101 BEGINNING. 102 CONTAINING 9003.59 SQUARE FEET. 103 104 Section 3: Disclaimer. The City Manager is hereby authorized and directed to execute 105 the attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records 106 of Palm Beach County, Florida. 107 Section 4: Severability. If any clause, section, or other part of this Ordinance shall be 108 held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional 109 or invalid part shall be considered as eliminated and in no way affect the validity of the other 110 provisions of this Ordinance. 111 Section 5: Conflicts. That all Ordinances or parts of Ordinances, Resolutions, or 112 parts of Resolutions in conflict herewith, be and the same are repealed to the extent of such 113 conflict. 114 Section 6: Effective Date. This Ordinance shall take effect immediately upon 115 passage. 116 117 1239 Page 5 of 8 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. FIRST READING this ______ day of __________, 2025. 118 SECOND, FINAL READING AND PASSAGE this ______ day of _______, 2025. 119 CITY OF BOYNTON BEACH, FLORIDA 120 YES NO 121 122 Mayor – Rebecca Shelton _____ _____ 123 124 Vice Mayor – Woodrow L. Hay _____ _____ 125 126 Commissioner – Angela Cruz _____ _____ 127 128 Commissioner – Thomas Turkin _____ _____ 129 130 Commissioner – Aimee Kelley _____ _____ 131 132 VOTE ______ 133 ATTEST: 134 135 136 _____________________________ 137 Maylee DeJesús, MMC Rebecca Shelton 138 City Clerk Mayor 139 140 APPROVED AS TO FORM: 141 (Corporate Seal) 142 143 Shawna G. Lamb 144 City Attorney145 1240 Page 6 of 8 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City of Boynton Beach, Florida, does hereby abandon the 225-foot long segment of the 20-foot wide right-of-way located within the northern section of the proposed The Pierce development approximately 175 feet south of the East Boynton Beach Boulevard centerline (a.k.a “North Alley”), the 220-foot long segment of the 40-foot wide NE 1st Avenue right-of-way, and the 335.02-foot long segment of the 20-foot wide right-of0way located within the southern section of the proposed The Pierce development, approximately 150 feet north of the East Ocean Avenue centerline (a.k.a “South Alley”). The property being abandoned is more particularly described as follows: South Alley Legal Description A PORTION OF THE 20' ALLEYWAY AS SHOWN ON ORIGINAL TOWN OF BOYNTON, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 23, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 7, BLOCK 6, SAID PLAT OF ORIGINAL TOWN OF BOYNTON, PROCEED THENCE ALONG THE NORTH LINE OF SAID ALLEYWAY, ALSO BEING THE SOUTH LINE OF SAID BLOCK 6, N89°46'59"E A DISTANCE OF 335.02 FEET TO A POINT 10 FEET WEST OF THE PLATTED WEST RIGHT OF WAY OF FEDERAL HIGHWAY (US HIGHWAY NO. 1), SAID POINT BEING THE WEST RIGHT OF WAY LINE OF SAID FEDERAL HIGHWAY PER F.D.O.T. R/W MAP SECTION 93010-2501, SHEET 4 OF 10; THENCE PROCEED ALONG SAID RIGHT OF WAY LINE S01°22'36"E A DISTANCE OF 20.00 FEET TO A POINT ON THE SOUTH LINE OF SAID ALLEYWAY; THENCE PROCEED ALONG SAID SOUTH LINE S89°46'59"W A DISTANCE OF 335.02 FEET TO A POINT 5.00 FEET EAST OF THE WEST LINE OF SAID BLOCK 6; THENCE PROCEED N01°22'36"W A DISTANCE OF 20.00 FEET TO THE POINT AND PLACE OF BEGINNING. CONTAINING 6700.30 SQUARE FEET. Portion of North Alley Legal Description A PARCEL OF LAND BEING A PORTION OF THE 20 FEET WIDE ALLEYWAY IN BLOCK 1, ORIGINAL TOWN OF BOYNTON, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 23, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID PARCEL LYING IMMEDIATELY ADJACENT TO LOTS 6 THROUGH 11, AND THE WEST OF LOT 12. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 7, BLOCK 1, SAID PLAT OF ORIGINAL TOWN OF BOYNTON, PROCEED THENCE ALONG THE NORTH LINE OF SAID ALLEYWAY AND ALSO BINT THE SOUTH LINE OF LOTS 6 AND 7 N89°48'41"E A DISTANCE OF 100.00 FEET TO A POINT ON THE SOUTHEAST CORNER OF LOT 6, THENCE DEPARTING SAID LINE PROCEED ALONG THE SOUTHERLY 1241 Page 7 of 8 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. EXTENSION OF THE EAST LINE OF SAID LOT 6 S01°22'23"E A DISTANCE OF 10.00 FEET TO A POINT; THENCE PROCEED ALONG A LINE TEN FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF SAID ALLEYWAY, N89°48'41"E A DISTANCE OF 125.00 FEET (SAID LINE BEING THE CENTERLINE OF SAID ALLEYWAY) THENCE PROCEED S01°22'36"E TO THE SOUTH LINE OF SAID ALLEYWAY AND INTERSECTION OF THE EAST LINE OF THE WEST½ OF LOT 12, SAID BLOCK 1, THENCE PROCEED ALONG THE SOUTH LINE OF SAID ALLEYWAY S89°48'41"W A DISTANCE OF 125.00 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF NE 4TH STREET (PLATTED AS PALMETTO STREET, SAID POINT ALSO BEING THE NORTHWEST CORNER OF LOT 8, BLOCK 1; THENCE PROCEED N01°22'36"W A DISTANCE OF 20.00 FEET ALONG SAID EAST RIGHT OF WAY LINE TO A POINT IN THE SOUTHWEST CORNER OF LOT 7, ALSO BEING THE POINT AND PLACE OF BEGINNING. CONTAINING 3251.00 SQUARE FEET. Portion of NE 1st Ave Legal Description A PORTION OF THE RIGHT OF WAY OF NE 1ST AVENUE AS SHOWN ON ORIGINAL TOWN OF BOYNTON, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 23, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 8, BLOCK 1, SAID PLAT OF ORIGINAL TOWN OF BOYNTON, PROCEED ALONG THE NORTH RIGHT OF WAY LINE OF SAID NE 1ST AVENUE N89°48'41"E A DISTANCE OF 225 FEET TO A POINT BEING THE SOUTHEAST CORNER OF THE WEST 1/2 OF LOT 12, BLOCK 1: THENCE DEPARTING SAID NORTH RIGHT OF WAY LINE PROCEED S01°22'36"E A DISTANCE OF 40 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF SAID NE 1ST AVENUE (ALSO BEING THE NORTH LINE OF BLOCK 6); THENCE PROCEED S89°48'41"W A LONG SAID SOUTH RIGHT OF WAY LINE A DISTANCE OF 225.00 FEET TO THE NORTHWEST CORNER OF LOT 7, BLOCK 6, ALSO BEING THE INTERSECTION POINT OF THE EAST RIGHT OF WAY LINE OF NE 4TH STREET (PLATTED AS PALMETTO STREET); THENCE PROCEED N01°22'36" ALONG SAID EASTERLY RIGHT OF WAY LINE A DISTANCE OF 40.00 FEET TO THE SOUTHWEST CORNER OF LOT 8, BLOCK 1, ALSO BEING THE POINT AND PLACE OF BEGINNING. CONTAINING 9003.59 SQUARE FEET. IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this day of _______________, 2025. CITY OF BOYNTON BEACH, FLORIDA __________________________________ _______________________________________________ Maylee De Jesus, MMC Daniel Dugger, City Manager City Clerk 1242 Page 8 of 8 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared by means of  physical presence or  online notarization, Daniel Dugger, City Manager of the City of Boynton Beach, Florida, known to me to be the person described in and who executed the foregoing instrument, and acknowledged the execution thereof to be his free hand and deed as such officer, for the uses and purposes mentioned therein; that he affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this day of , 2025. ______________________________________ NOTARY PUBLIC, State of Florida My Commission Expires: 1243 1 ORDINANCE NO. 23-006 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING THE ABANDONMENT OF THE 225- 5 FOOT LONG SEGMENT OF THE 20-FOOT WIDE RIGHT-OF- 6 WAY LOCATED WITHIN THE NORTHERN SECTION OF THE 7 PROPOSED THE PIERCE DEVELOPMENT APPROXIMATELY 8 175 FEET SOUTH OF THE EAST BOYNTON BEACH 9 BOULEVARD CENTERLINE (A.K.A. "NORTH ALLEY"), THE 10 225-FOOT LONG SEGMENT OF THE 40-FOOT WIDE NE 1ST 11 AVENUE RIGHT-OF-WAY, AND THE 335.02-FOOT LONG 12 SEGMENT OF THE 20-FOOT WIDE RIGHT-OF-WAY LOCATED 13 WITHIN THE SOUTHERN SECTION OF THE PROPOSED THE 14 PIERCE DEVELOPMENT, APPROXIMATELY 150 FEET NORTH 15 OF THE EAST OCEAN AVENUE CENTERLINE (A.K.A "SOUTH 16 ALLEY"); AUTHORIZING THE CITY MANAGER TO EXECUTE 17 A DISCLAIMER, WHICH SHALL BE RECORDED WITH THIS 18 ORDINANCE IN THE PUBLIC RECORDS OF PALM BEACH 19 COUNTY,FLORIDA; AND PROVIDING AN EFFECTIVE DATE. 20 21 WHEREAS,Applicant is requesting three(3)abandonments(ABAN 22-001,ABAN 22 22-002,&ABAN 22-003)in conjunction with the following applications:The Pierce Rezoning 23 REZN 22-001) to rezone the subject properties from CBD (Central Business District) to 24 Mixed Use-Core (MU-C), and The Pierce Master Plan(MPMD 22-005) and New Major Site 25 Plan(NWSP 22-004)for the development of an 8-story mixed-use development consisting of 26 approximately 17,089 square feet of ground floor commercial space and a supporting parking 27 garage with a total of 564 parking spaces; and 28 29 WHEREAS,staff has determined that the requested abandonment would not adversely 30 impact traffic or other City functions,and would not adversely impact other adjacent property 31 owners;and 32 33 WHEREAS, comments have been solicited from the appropriate City Departments, 34 and public hearings have been held before the City Commission on the proposed abandonment; 35 and 36 37 WHEREAS, staff has determined that the subject right-of-way no longer serves a 38 public purpose other than retention of a utility easement, if warranted and therefore 39 recommends approval of the request, subject to the accompanying conditions. 40 41 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 42 THE CITY OF BOYNTON BEACH,FLORIDA THAT: 43 44 Section 1. The foregoing whereas clauses are true and correct and incorporated 45 herein by this reference. 46 SICAIOrdinances lAbandonmentslAbantlonment of ROW(The Pierce)-Ordinance.docx 1244 47 Section 2. The City Commission of the City of Boynton Beach, Florida, does 48 hereby abandon the 225-foot long segment of the 20-foot wide right-of-way located within the 49 northern section of the proposed The Pierce development approximately 175 feet south of the 50 East Boynton Beach Boulevard centerline(a.k.a. "North Alley"),the 225-foot long segment of 51 the 40-foot wide NE 1st Avenue right-of-way,and the 335.02-foot long segment of the 20-foot 52 wide right-of-way located within the southern section of the proposed The Pierce development, 53 approximately 150 feet north of the East Ocean Avenue centerline(a.k.a "South Alley"). The 54 property being abandoned is more particularly described as follows: 55 56 South Alley Legal Description 57 A PORTION OF THE 20' ALLEYWAY AS SHOWN ON ORIGINAL TOWN OF 58 BOYNTON,ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT 59 BOOK 1, PAGE 23, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 60 SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 61 COMMENCING AT THE SOUTHWEST CORNER OF LOT 7,BLOCK 6, SAID PLAT OF 62 ORIGINAL TOWN OF BOYNTON,PROCEED THENCE ALONG THE NORTH LINE OF 63 SAID ALLEYWAY,ALSO BEING THE SOUTH LINE OF SAID BLOCK 6,N89°46'59"E 64 A DISTANCE OF 335.02 FEET TO A POINT 10 FEET WEST OF THE PLATTED WEST 65 RIGHT OF WAY OF FEDERAL HIGHWAY(US HIGHWAY NO. 1),SAID POINT BEING 66 THE WEST RIGHT OF WAY LINE OF SAID FEDERAL HIGHWAY PER F.D.O.T. R/W 67 MAP SECTION 93010-2501,SHEET 4 OF 10;THENCE PROCEED ALONG SAID RIGHT 68 OF WAY LINE S01°22'36"E A DISTANCE OF 20.00 FEET TO A POINT ON THE SOUTH 69 LINE OF SAID ALLEYWAY; THENCE PROCEED ALONG SAID SOUTH LINE 70 S89°46'59"W A DISTANCE OF 335.02 FEET TO A POINT 5.00 FEET EAST OF THE 71 WEST LINE OF SAID BLOCK 6; THENCE PROCEED NOI°22'36"W A DISTANCE OF 72 20.00 FEET TO THE POINT AND PLACE OF BEGINNING. 73 CONTAINING 6700.30 SQUARE FEET. 74 75 Portion of North Alley Legal Description 76 A PARCEL OF LAND BEING A PORTION OF THE 20 FEET WIDE ALLEYWAY IN 77 BLOCK 1, ORIGINAL TOWN OF BOYNTON, ACCORDING TO THE MAP OR PLAT 78 THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 23, PUBLIC RECORDS OF PALM 79 BEACH COUNTY, FLORIDA. 80 SAID PARCEL LYING IMMEDIATELY ADJACENT TO LOTS 6 THROUGH 11, AND 81 THE WEST OF LOT 12. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 82 BEGINNING AT THE SOUTHWEST CORNER OF LOT 7, BLOCK 1, SAID PLAT OF 83 ORIGINAL TOWN OF BOYNTON,PROCEED THENCE ALONG THE NORTH LINE OF 84 SAID ALLEYWAY AND ALSO BINT THE SOUTH LINE OF LOTS 6 AND 7 N89°48'41"E 85 A DISTANCE OF 100.00 FEET TO A POINT ON THE SOUTHEAST CORNER OF LOT 6, 86 THENCE DEPARTING SAID LINE PROCEED ALONG THE SOUTHERLY EXTENSION 87 OF THE EAST LINE OF SAID LOT 6 S01°22'23"E A DISTANCE OF 10.00 FEET TO A 88 POINT; THENCE PROCEED ALONG A LINE TEN FEET SOUTH OF AND PARALLEL 89 TO THE NORTH LINE OF SAID ALLEYWAY, N89°48'41"E A DISTANCE OF 125.00 90 FEET (SAID LINE BEING THE CENTERLINE OF SAID ALLEYWAY) THENCE 91 PROCEED S01°22'36"E TO THE SOUTH LINE OF SAID ALLEYWAY AND 92 INTERSECTION OF THE EAST LINE OF THE WEST Y2 OF LOT 12, SAID BLOCK 1, S\CA\Ordinances\Abandonments Abandonment of ROW(The Pierce)-Ordinance docx 1245 93 THENCE PROCEED ALONG THE SOUTH LINE OF SAID ALLEYWAY S89°48'41"W A 94 DISTANCE OF 125.00 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF NE 95 4TH STREET (PLATTED AS PALMETTO STREET, SAID POINT ALSO BEING THE 96 NORTHWEST CORNER OF LOT 8, BLOCK 1; THENCE PROCEED N01°22'36"W A 97 DISTANCE OF 20.00 FEET ALONG SAID EAST RIGHT OF WAY LINE TO A POINT IN 98 THE SOUTHWEST CORNER OF LOT 7, ALSO BEING THE POINT AND PLACE OF 99 BEGINNING. 100 CONTAINING 3251.00 SQUARE FEET. 101 102 Portion of NE 1st Ave Legal Description 103 A PORTION OF THE RIGHT OF WAY OF NE 1ST AVENUE AS SHOWN ON ORIGINAL 104 TOWN OF BOYNTON, ACCORDING TO THE MAP OR PLAT THEREOF AS 105 RECORDED IN PLAT BOOK 1, PAGE 23, PUBLIC RECORDS OF PALM BEACH 106 COUNTY,FLORIDA. 107 108 SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 109 BEGINNING AT THE SOUTHWEST CORNER OF LOT 8, BLOCK 1, SAID PLAT OF 110 ORIGINAL TOWN OF BOYNTON, PROCEED ALONG THE NORTH RIGHT OF WAY 111 LINE OF SAID NE 1ST AVENUE N89°48'41"E A DISTANCE OF 225 FEET TO A POINT 112 BEING THE SOUTHEAST CORNER OF THE WEST 1/2 OF LOT 12,BLOCK 1:THENCE 113 DEPARTING SAID NORTH RIGHT OF WAY LINE PROCEED S01°22'36"E A 114 DISTANCE OF 40 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF SAID 115 NE 1ST AVENUE(ALSO BEING THE NORTH LINE OF BLOCK 6); THENCE PROEED 116 S89°48'41"W A LONG SAID SOUTH RIGHT OF WAY LINE A DISTANCE OF 225.00 117 FEET TO THE NORTHWEST CORNER OF LOT 7, BLOCK 6, ALSO BEING THE 118 INTERSECTION POINT OF THE EAST RIGHT OF WAY LINE OF NE 4TH STREET 119 PLATTED AS PALMETTO STREET); THENCE PROCEED N01°22'36" ALONG SAID 120 EASTERLY RIGHT OF WAY LINE A DISTANCE OF 40.00 FEET TO THE SOUTHWEST 121 CORNER OF LOT 8, BLOCK 1, ALSO BEING THE POINT AND PLACE OF 122 BEGINNING. 123 CONTAINING 9003.59 SQUARE FEET. 124 125 126 Section 3. The City Manager is hereby authorized and directed to execute the 127 attached Disclaimer and cause the same to be filed,with this Ordinance, in the Public Records 128 of Palm Beach County, Florida. 129 130 Section 4. This Ordinance shall take effect immediately upon passage. 131 132 FIRST READING this 21st day of February,2023. 133 414 134 SECOND, FINAL READING AND PASSAGE THIS day of March,2023. 135 136 CITY OF BOYNTON BEACH, FLORIDA 137 138 YES NO S\CA\Ordinances'Abandonments'Abandonment of ROW(The Pierce)-Ordinance docx 1246 139 Mayor—Ty Penserga v 140 141 Vice Mayor—Angela Cruz 142 143 Commissioner—Woodrow L. Hay 144 145 Commissioner—Thomas Turkin 146 147 Commissioner—Aimee Kelley 148 149 VOTE 31 150 151 152 153 A P ST: CA I41 -- I 156 Mayl roe Jesus, M'A, MMC Ty Penser; 157 City erk Mayor 158 159 APPY, ' AS ' FO:p : 160 (Corporate Seal) F 80YNT.` . O 161 1 f. .s oRPORgp'L\ 162 SEAL :o Michael D. Cirullo, Jr. 163 INCORp City Attorney I .ORATED: 1 920 ; kORIDAw= S.CA\Ordinances\AbandonmentsWbandonment of ROW(The Pierce)-Ordinance.docx i 1247 DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City of Boynton Beach, Florida, does hereby abandon the 225-foot long segment of the 20-foot wide right-of- way located within the northern section of the proposed The Pierce development approximately 175 feet south of the East Boynton Beach Boulevard centerline (a.k.a. "North Alley"), the 225-foot long segment of the 40-foot wide NE 1st Avenue right-of-way,and the 335.02-foot long segment of the 20- foot wide right-of-way located within the southern section of the proposed The Pierce development, approximately 150 feet north of the East Ocean Avenue centerline(a.k.a "South Alley"). The property being abandoned is more particularly described as follows: South Alley Legal Description A PORTION OF THE 20'ALLEYWAY AS SHOWN ON ORIGINAL TOWN OF BOYNTON, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 23, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 7, BLOCK 6, SAID PLAT OF ORIGINAL TOWN OF BOYNTON, PROCEED THENCE ALONG THE NORTH LINE OF SAID ALLEYWAY, ALSO BEING THE SOUTH UNE OF SAID BLOCK 6, N89°46'59"E A DISTANCE OF 335.02 FEET TO A POINT 10 FEET WEST OF THE PLATTED WEST RIGHT OF WAY OF FEDERAL HIGHWAY (US HIGHWAY NO. 1), SAID POINT BEING THE WEST RIGHT OF WAY LINE OF SAID FEDERAL HIGHWAY PER F.D.O.T. R/W MAP SECTION 93010-2501, SHEET 4 OF 10; THENCE PROCEED ALONG SAID RIGHT OF WAY LINE S01°22'36"E A DISTANCE OF 20.00 FEET TO A POINT ON THE SOUTH LINE OF SAID ALLEYWAY; THENCE PROCEED ALONG SAID SOUTH LINE S89°46'59"W A DISTANCE OF 335.02 FEET TO A POINT 5.00 FEET EAST OF THE WEST LINE OF SAID BLOCK 6; THENCE PROCEED N01°22'36"W A DISTANCE OF 20.00 FEET TO THE POINT AND PLACE OF BEGINNING. CONTAINING 6700.30 SQUARE FEET. Portion of North Alley Legal Description A PARCEL OF LAND BEING A PORTION OF THE 20 FEET WIDE ALLEYWAY IN BLOCK 1, ORIGINAL TOWN OF BOYNTON,ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 23, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID PARCEL LYING IMMEDIATELY ADJACENT TO LOTS 6 THROUGH 11, AND THE WEST OF LOT 12. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 7, BLOCK 1, SAID PLAT OF ORIGINAL TOWN OF BOYNTON, PROCEED THENCE ALONG THE NORTH LINE OF SAID ALLEYWAY AND ALSO BINT THE SOUTH LINE OF LOTS 6 AND 7 N89°48'41"E A DISTANCE OF 100.00 FEET TO A POINT ON THE SOUTHEAST CORNER OF LOT 6, THENCE DEPARTING SAID LINE PROCEED ALONG THE SOUTHERLY EXTENSION OF THE EAST UNE OF SAID LOT 6 S01°22'23"E A DISTANCE OF 10.00 FEET TO A POINT; THENCE PROCEED ALONG A LINE TEN FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF SAID S:tCAlOrdinanceMbandonmentslAbandonment of ROW(The Pierce)-Ordinance.docx 1248 ALLEYWAY, N89°48'41"E A DISTANCE OF 125.00 FEET (SAID UNE BEING THE CENTERLINE OF SAID ALLEYWAY) THENCE PROCEED S01°22'36"E TO THE SOUTH LINE OF SAID ALLEYWAY AND INTERSECTION OF THE EAST LINE OF THE WEST 1/2 OF LOT 12, SAID BLOCK 1, THENCE PROCEED ALONG THE SOUTH UNE OF SAID ALLEYWAY S89°48'41"W A DISTANCE OF 125.00 FEET TO A POINT ON THE EAST RIGHT OF WAY UNE OF NE 4TH STREET (PLATTED AS PALMETTO STREET, SAID POINT ALSO BEING THE NORTHWEST CORNER OF LOT 8, BLOCK 1; THENCE PROCEED N01°22'36"W A DISTANCE OF 20.00 FEET ALONG SAID EAST RIGHT OF WAY UNE TO A POINT IN THE SOUTHWEST CORNER OF LOT 7, ALSO BEING THE POINT AND PLACE OF BEGINNING. CONTAINING 3251.00 SQUARE FEET. Portion of NE 1st Ave Legal Description A PORTION OF THE RIGHT OF WAY OF NE 1ST AVENUE AS SHOWN ON ORIGINAL TOWN OF BOYNTON, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 23, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 8, BLOCK 1, SAID PLAT OF ORIGINAL TOWN OF BOYNTON, PROCEED ALONG THE NORTH RIGHT OF WAY UNE OF SAID NE 1ST AVENUE N89°48'41"E A DISTANCE OF 225 FEET TO A POINT BEING THE SOUTHEAST CORNER OF THE WEST 1/2 OF LOT 12, BLOCK 1: THENCE DEPARTING SAID NORTH RIGHT OF WAY UNE PROCEED S01°22'36"E A DISTANCE OF 40 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF SAID NE 1ST AVENUE ALSO BEING THE NORTH UNE OF BLOCK 6); THENCE PROEED S89°48'41"W A LONG SAID SOUTH RIGHT OF WAY UNE A DISTANCE OF 225.00 FEET TO THE NORTHWEST CORNER OF LOT 7, BLOCK 6, ALSO BEING THE INTERSECTION POINT OF THE EAST RIGHT OF WAY LINE OF NE 4TH STREET PLATTED AS PALMETTO STREET); THENCE PROCEED N01°22'36" ALONG SAID EASTERLY RIGHT OF WAY UNE A DISTANCE OF 40.00 FEET TO THE SOUTHWEST CORNER OF LOT 8, BLOCK 1,ALSO BEING THE POINT AND PLACE OF BEGINNING. CONTAINING 9003.59 SQUARE FEET. IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this \3 day of March, 2023. CITY OF BOYNTON BEACH, FLORIDA 416.11V 44011 Mayle, D, (esus, M C =pN g j'.P aniel Dugger, • • • a City e c •pTE•••$$' 4).3 I v P • S 1CAtOrdinancesfAbandonmentsWbandonment of ROW(The Pierce)-Ordinance docx 1249 STATE OF FLORIDA ss: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared by means of d physical presence or 0 online notarization, Daniel Dugger, City Manager of the City of Boynton Beach, Florida, known to me to be the person described in and who executed the foregoing instrument, and acknowledged the execution thereof to be his free hand and deed as such officer, for the uses and purposes mentioned therein; that he affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this '3 day of CLX-C-\ 2023. i iii NOTARY PUB C, S . e of Flori Of PUBS TAMMY L STANZIONE My Commission Expires:3/...? /.?3 Commission#GG 306158 Lt— *m,, .I De Expires March 25,2023 lFOfftO's Baked Mrs Budget Notary Services S.CA\Ordinances\Abandonrnents Abandonment of ROW(The Pierce)-Ordinance.docx 1250 The City of Boynton Beach Prepared by and returned to: Michael Cirullo City Attorney or, City Clerk's Office PO Boynton Box Beach Fl 33425 561) 742-6060 o FAX: (561) 742-6090 ti ro N e' s' E-mail : cityclerk@bbfl.us www.boynton-beach.org CERTIFICATION I, TAMMY L. STANZIONE, DEPUTY CITY CLERK of the City of Boynton Beach, Florida, do hereby certify that the attached Ordinance 23-006 consisting of seven (7) pages, is true and correct copy as it appears in the records of the City of Boynton Beach, Florida. WITNESS, my hand and the corporate seal of the CITY OF BOYNTON BEACH, FLORIDA, dated this 14th day of March, 2023. TAMMY ST ZIONE, CM DEPUTY CITY CLERK k •.......0QORATf'•.. i0 SEAL) ;°A) A I•; i1-' S s192.0 : ;1, 1 •..•....••.0FLORA S:\CC\WP\Certifications\Ordinances\Certified Ordinance 23-006.docx America's Gateway to the Gulfstream 1251 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; ☐ 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: 1 See Section 166.041(4)(c), Florida Statutes. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 23- 006 BY CORRECTING THE ORDINANCE TITLE AND LEGAL DESCRIPTIONS OF THE 1ST STREET, NORTH ALLEY, AND SOUTH ALLEY ABANDONMENT AREAS; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDED DISCLAIMER, WHICH SHALL BE RECORDED WITH THIS ORDINANCE IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 1252 Page 2 of 3 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): The City Commission of the City of Boynton Beach, Florida, adopted Ordinance No. 23-006 approving the abandonment of the 225-foot long segment of the 20-foot wide right-of-way located within the northern section of the proposed The Pierce development approximately 175 feet south of the East Boynton Beach Boulevard centerline (a.k.a. "North Alley"), the 220-foot long segment of the 40-foot wide NE 1st Avenue right-of-way, and the 335.02-foot long segment of the 20-foot wide right-of-way located within the southern section of the proposed The Pierce development, approximately 150 feet north of the East Ocean Avenue centerline (a.k.a. "South Alley"). The parties discovered scrivener errors in the ordinance title and legal descriptions of the 1st Street, North Alley, and South Alley abandonment areas. The City Commission desires to correct the errors in the title and legal descriptions and has determined that this amendment serves the public health, safety, and welfare of the citizens of the City of Boynton Beach. 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 1253 Page 3 of 3 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: No businesses will be impacted by the proposed ordinance 4. Additional information the governing body deems useful (if any): NONE 1254 City of Boynton Beach Agenda Item Request Form 10.E Regular Agenda 08/19/2025 Meeting Date: 08/19/2025 Proposed Ordinance No. 25-018- First Reading, An ordinance of the City of Boynton Beach, Florida amending Chapter 14 "Motor Vehicles and Traffic," Section 14-5 "Stopping, standing, parking, or storage prohibited in specified places," and creating new sections thereunder; providing for conflicts, severability, codification; and providing an effective date. Requested Action: Staff recommends the approval of Proposed Ordinance No. 25-018, on first reading. Explanation of Request: The City's current parking regulations under Section 14-5 have not been comprehensively updated since 2004. Staff has conducted a comparative analysis of Boynton Beach's parking standards against various municipalities located in Palm Beach County to identify potential improvements and modernization opportunities. Proposed changes include: Removed language allowing vehicles to park within the public right-of-way. Added language prohibiting parking, stopping, standing, at any time within the right-of- way, public or private yards, swales, or easements adjacent to a paved or unpaved road or street. Added an exception allowing temporary parking in a yard for social or other events held at a residence, provided such parking shall not exceed eight (8) hours in a twenty-four (24) hour period. How will this affect city programs or services? May need to outsource additional Code Enforcement Officer or Parking Enforcement Officers to consistently enforce. Account Line Item and Description: N/A Fiscal Impact: There is no fiscal impact to the budget for this item. Attachments: Agenda_Item_3536- 2025_Ordinance_to_Prohibit_stopping_standing_parking_in_specific_places.docx Business Impact Statement 3536-2025.docx 1255 ORDINANCE NO. 25-XXX Page 1 of 4 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 1 AMENDING CODE OF ORDINANCES CHAPTER 14, “MOTOR VEHICLES 2 AND TRAFFIC,” SECTION 14-5 “STOPPING, STANDING, PARKING, OR 3 STORAGE PROHIBITED IN SPECIFIED PLACES,” CLARIFYING 4 PROHIBITIONS AND CREATING NEW SECTIONS THEREUNDER; 5 PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION; AND 6 PROVIDING AN EFFECTIVE DATE. 7 WHEREAS, the City of Boynton Beach, Florida’s (“City”) current parking regulations 8 under Section 14-5 have not been comprehensively updated since 2004; and 9 WHEREAS, City staff has conducted a comparative analysis of the City’s parking 10 standards against various municipalities located in Palm Beach County to identify potential 11 improvements and modernization opportunities; and 12 WHEREAS, staff has determined that the proposed change will clarify and uniformly 13 regulate residents’ ability to park or stop in certain city areas. 14 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 15 BOYNTON BEACH, FLORIDA THAT: 16 Section 1. The foregoing “Whereas” clauses are true and correct and incorporated 17 herein by this reference. 18 Section 2. Chapter 14 “Motor Vehicles and Traffic,” Section 14-5 “Stopping, 19 standing, parking, or storage prohibited in specified places” is hereby amended to read as 20 follows: 21 1256 ORDINANCE NO. 25-XXX Page 2 of 4 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Sec. 14-5. Stopping, standing, parking, or storage prohibited in specified places. 22 *** 23 (1) Stopping, standing, parking, or storing a vehicle: 24 *** 25 b. On a sidewalk. or in any location where a vehicle obstructs, blocks, or impedes 26 pedestrian traffic on any sidewalk, whether on public or private property. 27 *** 28 (4) No vehicle can be stored on the public right-of-way. A vehicle shall be 29 considered stored, as opposed to parked, when the vehicle is not operated and moved, for a 30 minimum of one-half (½) hour, at least once during a thirty-six (36) hour period. No person 31 shall at any time stop, stand, park, or allow to be parked a vehicle on public right-of-way, a 32 public or private yard, swale, or easement adjacent to a paved or unpaved road or street. This 33 provision shall not apply during an "open house" or other special or social event in areas where 34 temporary parking is permitted by the host or neighbors and is parked in a manner that does 35 not obstruct traffic flow. 36 a. Temporary parking of vehicles in a yard is permitted for social or other events 37 held at a residence, provided such parking shall not exceed eight (8) hours in a 38 twenty-four (24) hour period. 39 b. The foregoing exception does not apply to short-term rentals. 40 (5) No vehicle can be parked or stored on the public right-of-way for any period 41 of time unless the front, rear, and side reflectors and the license plate are visible; and except 42 where adequate provision for motor vehicles has been provided by marked spaces or where 43 signs clearly indicating that vehicle parking is permitted have been posted at such locations. 44 (6) Stand or park a vehicle, whether occupied or not, in a designated parking space 45 on or along any street, roadway, or right-of-way under the jurisdiction of the Florida 46 Department of Transportation in contravention toof the parking restrictions set forth in any 47 general use permit issued to the City by the Florida Department of Transportation. A general 48 use permit authorizes the City to restrict the hours of continuous parking along a designated 49 street, roadway, or right-of-way, and to install and maintain signage specifying the continuous 50 parking restriction, the hours induring which the restriction is applicable, and the street, 51 roadway, or right-of-way on which the restriction is applicable. Signage in accordance with 52 1257 ORDINANCE NO. 25-XXX Page 3 of 4 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. this section and the general use permit shall be conspicuously posted identifying the restricted 53 parking zone and the hours in which the restricted parking is applicable. 54 *** 55 Section 3. It is the intention of the City Commission of the City of Boynton Beach, 56 and it is hereby ordained that the provisions of this Ordinance shall become and be made a 57 part of the Code and Ordinances of the City of Boynton Beach, Florida, and that Sections of 58 this Ordinance may be renumbered, re-lettered and the word “Ordinance” may be changed 59 to “Section,” “Article,” or such other word or phrase in order to accomplish such intention. 60 Section 4. This Ordinance shall take effect immediately upon passage. 61 62 63 64 [SIGNATURES ON THE FOLLOWING PAGE] 65 66 1258 ORDINANCE NO. 25-XXX Page 4 of 4 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. FIRST READING this ______ day of __________________________, 2025. 67 SECOND, FINAL READING AND PASSAGE this _____ day of ___________________, 68 2025. 69 70 CITY OF BOYNTON BEACH, FLORIDA 71 YES NO 72 Mayor – Rebecca Shelton _____ _____ 73 74 Vice Mayor – Woodrow L. Hay _____ _____ 75 76 Commissioner – Angela Cruz _____ _____ 77 78 Commissioner – Thomas Turkin _____ _____ 79 80 Commissioner – Aimee Kelley _____ _____ 81 82 VOTE ______ 83 ATTEST: 84 85 _____________________________ ______________________________ 86 Maylee De Jesús, MPA, MMC Rebecca Shelton 87 City Clerk Mayor 88 89 APPROVED AS TO FORM: 90 (Corporate Seal) 91 92 _______________________________ 93 Shawna G. Lamb 94 City Attorney 95 1259 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. AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 14, “MOTOR VEHICLES AND TRAFFIC,” SECTION 14-5 “STOPPING, STANDING, PARKING, OR STORAGE PROHIBITED IN SPECIFIED PLACES,” AND CREATING NEW SECTIONS THEREUNDER, PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION, AND PROVIDING AN EFFECTIVE DATE. 1260 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 proposed ordinance change will provide clarity and consistency as to residents’ ability to park or stop in certain areas located within the City 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: N/A (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible: N/A (c) An estimate of the City’s regulatory costs, including estimated revenues from any new charges or fees to cover such costs. N/A 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. 1261 City of Boynton Beach Agenda Item Request Form 10.F Regular Agenda 08/19/2025 Meeting Date: 08/19/2025 Proposed Resolution No. R25-227- Adopting the Boynton Beach 2025 Economic Development Plan. Requested Action: Staff recommends approval of Proposed Resolution No. R25-227. Explanation of Request: The Economic Development Division is presenting the 2025 Economic Development Plan (EDP) for City Commission approval. This five-year plan outlines a comprehensive, principle- based framework to guide the City’s efforts in fostering a resilient, inclusive, and prosperous local economy. Developed through research, interdepartmental collaboration, and alignment with broader strategic priorities, the plan builds upon foundational studies, including Florida International University’s Economic Development Plan Report and WGI’s Real Estate Snapshot. These studies informed the identification of target areas, economic trends, and place-based opportunities that are integrated into the plan’s principles and implementation approach. The plan establishes clear direction across five principles: Downtown & Waterfront Reinvestment, Business Attraction & Retention, Workforce Development & Housing, Placemaking, and Economic Development Marketing. It is designed to support Boynton Beach’s continued evolution as a vibrant coastal city with strong business corridors, a skilled workforce, diverse housing options, and high quality of life. It includes measurable actions, an implementation matrix, and key performance indicators to ensure accountability and impact. How will this affect city programs or services? Adoption of the Economic Development Plan will serve as a citywide framework for coordinating economic development-related programs, investments, and outreach. It will influence priorities for staff, budget planning, grant applications, and cross-departmental collaboration. The plan formalizes implementation efforts such as downtown revitalization, business retention initiatives, workforce training partnerships, and place-based development strategies. It also introduces performance tracking tools to monitor progress and guide adaptive management over time. Ultimately, the plan provides a clear roadmap to align resources and services with long-term economic goals for the City of Boynton Beach. Account Line Item and Description: N/A 1262 Fiscal Impact: There's no fiscal impact to the budget for this item. Attachments: R25-227 Agenda_Item_3475-2025_Resolution_for_2025_Economic_Development_Plan.docx City of Boynton Beach-s 2025-2030 Economic Development Plan - FINAL.pdf 2025 EDP Presentation.pdf 1263 RESOLUTION NO. R25-227 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, ADOPTING THE BOYNTON BEACH ECONOMIC 2 DEVELOPMENT PLAN 2025-2030; AND FOR ALL OTHER PURPOSES. 3 4 5 WHEREAS, the Economic Development Division is presenting the 2025 Economic 6 Development Plan for City Commission approval. This five-year plan outlines a comprehensive, 7 principle-based framework to guide the City’s efforts in fostering a resilient, inclusive, and 8 prosperous local economy. Developed through research, interdepartmental collaboration, and 9 alignment with broader strategic priorities, the plan builds upon foundational studies, including 10 Florida International University’s Economic Development Plan Report and WGI’s Real Estate 11 Snapshot. These studies identified target areas, economic trends, and place-based opportunities 12 integrated into the plan’s principles and implementation approach; and 13 WHEREAS, the plan establishes clear direction across five principles: Downtown & 14 Waterfront Reinvestment, Business Attraction & Retention, Workforce Development & Housing, 15 Placemaking, and Economic Development Marketing. It is designed to support Boynton Beach’s 16 continued evolution as a vibrant coastal city with strong business corridors, a skilled workforce, 17 diverse housing options, and a high quality of life. It includes measurable actions, an 18 implementation matrix, and key performance indicators to ensure accountability and impact; and 19 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 20 best interests of the City's citizens and residents to adopt the Boynton Beach Economic 21 Development Plan 2025-2030. 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 24 BEACH, FLORIDA, THAT: 25 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 26 being true and correct and are hereby made a specific part of this Resolution upon adoption. 27 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 28 adopt the Boynton Beach Economic Development Plan 2025-203, as further detailed in Exhibit A, 29 attached hereto. 30 1264 RESOLUTION NO. R25-227 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 31 authorizes the City Manager to execute any ancillary documents, certifications, or assurances 32 required to accomplish the purpose of this Resolution. 33 SECTION 4. This Resolution shall take effect in accordance with the law. 34 35 36 37 [SIGNATURES ON THE FOLLOWING PAGE] 38 39 1265 RESOLUTION NO. R25-227 PASSED AND ADOPTED this ______________ day of ______________________________ 2025. 40 CITY OF BOYNTON BEACH, FLORIDA 41 YES NO 42 Mayor – Rebecca Shelton _____ _____ 43 44 Vice Mayor – Woodrow L. Hay _____ _____ 45 46 Commissioner – Angela Cruz _____ _____ 47 48 Commissioner – Thomas Turkin _____ _____ 49 50 Commissioner – Aimee Kelley _____ _____ 51 52 VOTE ______ 53 ATTEST: 54 55 _____________________________ ______________________________ 56 Maylee De Jesús, MPA, MMC Rebecca Shelton 57 City Clerk Mayor 58 59 APPROVED AS TO FORM: 60 (Corporate Seal) 61 62 _______________________________ 63 Shawna G. Lamb 64 City Attorney 65 1266 Economic Development Plan WWW.BOYNTON-BEACH.ORG 2025–2030 1267 Table of Contents 03 Executive Summary 07 Strategic Model 09 Economic Development Principles 25 Implementation 32 Resources 02 City of Boynton Beach’s 1268 032025–2030 Economic Development Plan Executive Summary 1269 Boynton Beach stands at a transformative crossroads. With a population that has grown by over 20% since 2010—outpacing the county average—and a diverse, youthful community where more than 60% of residents are under 50, the City is fast emerging as South Florida’s next hub for innovation, livability, and inclusive economic growth. Anchored by its prime coastal location, strong regional connectivity, and rich cultural diversity, Boynton Beach is uniquely positioned to capture new investment, foster entrepreneurship, and elevate quality of life for all who live and work here. This five-year Economic Development Plan charts a bold, actionable course designed to harness this momentum and guide Boynton Beach into its next era of prosperity. Rooted in rigorous demographic and market analysis, the plan integrates insights from multiple research sources—including a 2023 analytical assessment by Florida International University (FIU) and a 2024 real estate and economic snapshot by WGI. These studies highlight critical trends such as shifting workforce dynamics, rising demand for walkable mixed-use districts, and rapid growth in key business sectors like healthcare, hospitality, and technology. Boynton Beach’s economic landscape is shaped by transformational trends: accelerated online commerce, evolving lifestyle expectations, and intensifying competition among cities to attract and retain businesses and skilled talent. The City’s increasing diversity—nearly half of residents identify as Hispanic, Black, or multiracial—combined with a thriving entrepreneurial spirit and access to coastal and urban amenities, positions Boynton Beach as a prime destination for innovative industries and small business growth. This plan is structured around five interconnected principles, each designed to advance the City’s long-term vision and support three aspirational goals: 04 City of Boynton Beach’s 1270 Downtown & Waterfront Reinvestment — Elevating civic and coastal assets as powerful economic catalysts. Business Attraction & Retention — Strengthening the foundation for local enterprises and target industries. Workforce Development & Housing — Building pathways to prosperity through skills development, opportunity creation, and housing affordability. Placemaking — Creating distinctive, connected districts that enhance community identity and economic vitality. Economic Development Marketing — Telling Boynton Beach’s story with clarity, consistency, and confidence to drive investment and engagement. Principles 052025–2030 Economic Development Plan 1271 As defined by the International Economic Development Council, economic development is the intentional practice of improving a community’s economic well- being and quality of life—through job growth, business support, capital attraction, and creating the conditions in which people and enterprises can thrive. For Boynton Beach, this also means reflecting the energy, talent, and diversity of its residents in every initiative and outcome. This plan is not a static roadmap but a dynamic, living document designed to adapt to new challenges and opportunities. It calls for coordinated action and sustained collaboration among public, private, and community partners, transforming shared vision into measurable and inclusive results. Boynton Beach is ready to lead. By advancing this plan, we will secure a future that is economically resilient, socially inclusive, and vibrantly connected. We invite residents, businesses, and stakeholders to join us in shaping this next chapter— together turning ambition into action, and potential into lasting prosperity. To establish Boynton Beach as a regional hub for innovation and economic opportunity. To become a livable city with vibrant districts, inclusive housing options, and a skilled workforce. To foster a collaborative, equitable community that values partnerships and shared prosperity. Aspirational Goals 06 City of Boynton Beach’s 1272 072025–2030 Economic Development Plan Strategic Model 1273 Vision Boynton Beach is a dynamic City where sustainable economic growth drives innovation, attracts investment, empowers businesses, and creates lasting prosperity for all. Mission To cultivate a thriving economic ecosystem through innovative development initiatives that attract investment, support local enterprises, and expand regional impact while creating growth opportunities for residents and leveraging the city’s unique assets. This plan is anchored in a strategic model that reflects a long-term vision for sustainable and inclusive growth. It is built on a set of guiding principles that shape the City’s approach to economic development, supported by targeted tactics designed to be implemented over the next five years. These principles reflect Boynton Beach’s commitment to fostering innovation, attracting investment, and enhancing the overall quality of life for residents and businesses. The vision and mission of the plan serve as the foundation for this model, ensuring that all economic development activities are aligned with the City’s core values and aspirations for the future. This strategic model is built on guiding principles that are activated through targeted strategies. These components serve as the foundation for economic development efforts over the next five years. While the initiatives provide a clear direction, they are also designed to adapt—responding to new challenges, emerging opportunities, and community input as the City progresses. Rather than a static plan, this model encourages continuous collaboration and shared accountability. It brings together a network of partners—across sectors and industries—who contribute to a unified vision for Boynton Beach’s economic future. Through alignment, coordination, and ongoing evaluation, this approach transforms vision into measurable, inclusive outcomes. 4 Principle 1 Principle 2 Principle 3 Principle 4 Principle 5 Strategies Key metrics Key metrics Key metrics Key metrics Key metrics Strategies Strategies Strategies Strategies 1 1 1 1 12222 23333 344445555 5 Vision | Mission 08 City of Boynton Beach’s 1274 092025–2030 Economic Development Plan Economic Development Principles Downtown & Waterfront Reinvestment Business Attraction & Retention Workforce Development & Housing Placemaking Economic Development Marketing 1275 Principle 1 Downtown & Waterfront Reinvestment Boynton Beach will enhance its Downtown and Waterfront Areas as vibrant, connected destinations that support economic growth, tourism, and community life. This includes advancing Town Square as the city’s civic and cultural hub, encouraging high-quality mixed-use development, expanding waterfront dining and recreation, and improving walkability and connectivity between key areas. The Downtown Marina District, home to nearly 9,000 residents and over 160 business establishments, already serves as a dynamic live–work–play environment with bikeable and walkable access to the beach, restaurants, parks, transit, and cultural experiences. With over 1,100 jobs, this district plays a vital role in the city’s economic fabric and offers significant potential for growth. New mixed-use development in this area should prioritize housing that accommodates residents of all ages and incomes, while also supporting entrepreneurial activity, job creation, and public space activation. The Boynton Harbor Marina has become a tourism destination and remains a key recreational and economic anchor for the city. By preserving its working waterfront and supporting the local boating community, the city can further leverage this unique asset to enhance coastal access, attract visitors, and stimulate adjacent business growth. To fully realize the potential of the Downtown Marina District, the City will: ■Continue prioritizing vibrancy and placemaking to ensure the district remains a destination- driver; ■Expand the vibrancy and energy of the Downtown into neighboring districts and emerging micro-districts; ■Promote housing affordability and accessibility through mixed-use development that supports economic mobility and inclusive growth. Complementary efforts will include enhancing coastal connections and integrating infrastructure improvements that create a cohesive and welcoming environment from downtown to the shoreline. Strategies: 1. Support the development of Town Square as the central civic destination of the city 1.1. Develop a phased improvement plan for Town Square that includes enhanced landscaping and curated public art to create an inviting public realm, improve aesthetics, and encourage community use. 1.2. Leverage partnerships to expand civic events, cultural programming, and community- based markets in Town Square. 10 City of Boynton Beach’s 1276 2. Support and incentivize the mixed-use development of downtown. 2.1. Promote and establish public-private partnerships to catalyze infill development on underutilized city or CRA-owned parcels. 2.2. Establish zoning overlays and incentives to support mixed-use development and attract local businesses to ground-floor spaces. 2.3. Implement proactive outreach to developers for key opportunity sites through design guidelines and streamlined approvals. 3. Expand dining, retail, and hospitality along the waterfront and beach-adjacent corridors. 3.1. Identify and market priority sites along the waterfront for dining, retail, and boutique lodging, supported by fast-track permitting and clear design guidelines. 3.2. Establish a hospitality recruitment strategy for infrastructure upgrades and funding to support expanded uses. 3.3. Explore seasonal beach events or pop-up amenities (e.g., beach markets or recreational rentals) to increase economic activity east of the bridge. 4. Improve connections between downtown, the waterfront and other key assets to strengthen economic identity. 4.1. Conduct a walkability audit to prioritize pedestrian improvements and streetscape upgrades. 4.2. Implement phased enhancements including signage, decorative lighting, and safe crossings to connect civic, commercial, and recreational nodes. 4.3. Install branded district signage and integrate connectivity improvements into capital projects and development plans. 5. Review opportunities to enhance the Boynton Beach Marina and associated uses. 5.1. Engage stakeholders and explore public-private partnerships to fund marina upgrades and enhance commercial or recreational offerings. 5.2. Propose a phased expansion plan aligned with broader waterfront revitalization goals and surrounding land use strategies. Key Metrics: 1. Number of net new businesses operating downtown and along waterfront corridors 2. Increase in residential units within the downtown/waterfront districts 3. Amount of redevelopment funds invested to enhance downtown’s public spaces/attractiveness 4. Annual number of visitors to Town Square, the Marina, and beach-adjacent commercial zones 112025–2030 Economic Development Plan 1277 Principle 2 Business Attraction & Retention As Boynton Beach looks to the future, proactively targeting key industry sectors can help expand the city’s industry and employment composition while preserving the attributes and characteristics that have led to the city’s economic development success. The following industries may be particularly suitable for expanded growth in Boynton Beach. This list of relevant target areas was developed based on the findings in this economic profile including a high local competitive advantage as identified by its location quotient, stable positive employment growth, and national industry trends. ■Hospitality (Accommodation and Food Services) ■Professional, Scientific, and Technical Services ■Construction ■Small Business Incubation ■Health Care and Social Assistance Boynton Beach’s top five industry sectors include retailers (12%), service-oriented businesses (11.5%), health care and social assistance establishments (10.7%), companies that offer professional, scientific, and technical services (10.2%), and construction companies (7.2%). Table 1: Total Establishments by Industry Sector (2024) Industry Sector NAICS Code Establishments Industry Share Retail Trade 44-55 545 12.0% Other Services Excluding Public Administration 1 81 525 11.5% Health Care and Social Assistance 62 489 10.7% Professional, Scientific, Technical Service 54 466 10.2% Construction 23 326 7.2% Accommodation and Food Services 72 266 5.8% Real Estate and Rental and Leasing 53 215 4.7% Finance and Insurance 52 202 4.4% 12 City of Boynton Beach’s 1278 Administration and Support and Waste Management and Remediation 56 174 3.8% Wholesale Trade 42 139 3.1% Manufacturing 31-33 124 2.7% Arts, Entertainment, and Recreation 71 99 2.2% Information 51 85 1.9% Educational Services 61 79 1.7% Transportation/Warehouse 48-49 72 1.6% Public Administration 92 30 0.7% Management of Companies and Enterprises 55 21 0.6% Agriculture, Forestry, Fishing, and Hunting 11 11 0.2% Utilities 22 2 0.0% Mining 21 -0.0% Unclassified Establishments2 99 682 15.0% Total 4,552 100.0% ¹ Other services include the repair and maintenance industry; personal and laundry services; religious, grantmaking, civic, professional, and similar organizations, and employed workers such as gardeners, caretakers, and other maintenance workers. 2 Unclassified establishments defined as businesses yet to report a designated NAICS code, often newer businesses Data Source: Esri Business Analyst, Data Axle Boynton Beach is committed to cultivating a dynamic business environment that attracts innovative industries, supports local entrepreneurs, and drives inclusive economic growth. By aligning targeted incentives, fostering entrepreneurship, and leveraging key commercial corridors for industry clustering, the City will strengthen its competitive edge, create quality jobs, and enhance long-term economic resilience. 132025–2030 Economic Development Plan 1279 Strategies: 1. Attract and expand key industries that drive economic growth and create quality jobs. 1.1. Focus on life science, technology, marine industries, creative industries, and sustainable tourism to align with the city’s key assets. 1.2. Identify commercial corridors suitable for mixed-use development and targeted industry expansion. 1.3. Create marketing collateral tailored to business attraction in identified sectors. 2. Develop targeted incentive programs to support industry expansion and small business growth. 2.1. Increase the availability and scope of grant programs for local businesses. 2.2. Develop a platform for matching small businesses with grants and capital, such as online matching services, lender referrals, and loan products. 2.3. Leverage Placer.ai Data driven metrics for programs and incentives 3. Create incentives to attract high-impact, targeted industry businesses. 3.1. Implement streamlined permitting processes for qualified business projects. 3.2. Develop an incentive framework designed for high-growth businesses in priority sectors. 4. Foster entrepreneurship and industry engagement through business-friendly policies and programs. 4.1. Establish recurring Industry and Stakeholder Roundtables to facilitate collaboration, innovation, and technology exchange. 4.2. Facilitate mentorship opportunities, peer learning, and resource-sharing networks among local entrepreneurs and business leaders. 5. Strengthen industry hubs to encourage clustering and synergy. 5.1. Identify and map emerging business hubs across the City that align with targeted industry sectors. 5.2. Build and expand public-private partnerships that support industrial strategy, shared infrastructure, and business ecosystems. Key Metrics: 1. Number of incentives or grants awarded 2. Average number of days for permit approval 3. Business Inquiries or leads generated 4. Number of Entrepreneurs Supported through Programs, Workshops, or Funding Access 5. Job Creation in Targeted Industries 14 City of Boynton Beach’s 1280 Principle 3 Workforce Development & Housing To build a resilient and inclusive economy, Boynton Beach will invest in developing a skilled workforce while expanding access to diverse and attainable housing options. This dual focus ensures that residents not only have the tools and training to succeed in the local job market but also the opportunity to live and thrive in the community they support. Strategic partnerships with employers, educators, and workforce organizations will be central to aligning talent development with the needs of high-growth sectors. At the same time, the City will promote smart, equitable housing strategies to attract and retain workers, support economic mobility, and enhance neighborhood stability. Workforce Boynton Beach is experiencing strong employment momentum. As of 2024, the city supported over 38,800 private-sector jobs, marking a 5.6% year-over-year employment growth—the highest among peer cities in the region. This growth added nearly 2,000 jobs within city limits, underscoring Boynton’s emerging role as an employment hub. Table 2: Private Sector Employment Growth Location 2023 Employment 2024 Employment 2023-2024 Change in Employment City of Boynton Beach, FL 36,825 38,878 5.6% City of Delray Beach, FL 44,671 46,497 4.1% Palm Beach County 724,821 750,961 3.6% Village of Wellington, FL 22,286 22,991 3.2% City of Lake Worth Beach, FL 12,074 12,269 1.6% City of Deerfield Beach, FL -56,196 - Data Source: Esri Business Analyst, Data Axle 152025–2030 Economic Development Plan 1281 Notably, the city is anchored by a robust small business ecosystem, with an average of eight employees per establishment—well below the state and national averages—signaling a dynamic, entrepreneurial economy. Nearly half of all private-sector employment is concentrated in healthcare, retail, and accommodation/food services, reflecting both the city’s core industries and service-oriented economy. To sustain and accelerate this growth, workforce development strategies must prioritize skills-based training and pathways that align with target industries, such as advanced manufacturing, health care, and professional services. Expanding apprenticeships, high school career exploration, and industry certifications will build a steady talent pipeline. Equally important is addressing barriers to workforce participation by investing in wraparound services—such as childcare, transportation, and tuition support—to ensure equitable access to opportunity. Housing Population growth in Boynton Beach continues to outpace regional peers, with the city adding over 14,000 residents between 2010 and 2024—a 20.1% increase, outpacing Palm Beach County and most comparison cities. This growth creates both opportunities and pressure on the local housing market. Table 3: Population Trends Location 2010 Population 2024 Population 2010-2024 Change in Population 2010-2024 Average Annual Change in Population City of Lake Worth Beach, FL 34,742 44,201 27.2%1.9% City of Boynton Beach, FL 69,049 82,937 20.1%1.4% Palm Beach County, FL 1,320,256 1,546,881 17.2%1.2% City of Deerfield Beach, FL 74,707 87,089 16.6%1.2% City of Delray Beach, FL 60,895 67,871 11.5%0.8% Village of Wellington, FL 57,456 61,241 6.6%0.5% Data Source: Esri Business Analyst, U.S. Census Bureau As of mid-2024, the city’s median home sales price reached $414,700, reflecting a 6.5% year-over- year increase—the highest among nearby municipalities. While rising inventory and cooling sales suggest a transition toward a more balanced market, affordability remains a significant concern. 16 City of Boynton Beach’s 1282 Figure 1: Boynton Beach Multifamily Vacancy Rate Data Source: CoStar, August 2024 Table 4: For Sale Housing Market Summary Location Median Home Sales Price August 2024 Year-Over-Year Change in Sales Price Village of Wellington, FL $ 693,200 4.0% City of Lake Worth Beach, FL $ 454,400 6.0% City of Boynton Beach, FL $ 414,700 6.5% City of Delray Beach, FL $ 367,200 0.0% City of Deerfield Beach, FL $ 329,900 5.0% Data Source: Rocket Homes, August 2024 Multifamily housing indicators show a 7.4% vacancy rate and a stabilized rent average of $2,205 per unit, suggesting steady demand. Yet, a substantial portion of residents—both renters and homeowners—remain cost-burdened. The City’s Housing and Transportation (H+T) Index exceeds the recommended affordability threshold, highlighting the need for integrated solutions. 172025–2030 Economic Development Plan 1283 Table 5: Multifamily Housing Market Summary Real Estate Market Indicators Boynton Beach Total Inventory (Units)13,841 Total Inventory (Buildings)123 Units Under Construction - 12 Month Net Absorption Units 10 Vacancy Rate 7.4% Effective Market Rent per Unit $2,205 12 Month Asking Rent Growth 0.2% Data Source: CoStar, August 2024 Together, workforce development and housing form the foundation of Boynton Beach’s long-term economic resilience. A well-trained workforce must be matched with access to attainable, stable housing to ensure that residents can live where they work, grow in their careers, and contribute meaningfully to the community. By aligning education, employment, and housing strategies, the City will create a more inclusive, competitive, and sustainable future—where economic opportunity is accessible to all. To address these challenges, Boynton Beach will adopt a proactive approach that includes a comprehensive housing strategy focused not only on increasing supply but also on supporting upward mobility and neighborhood diversity. Ensuring a balance of housing types and price points will enable the City to meet the needs of its growing population and support a sustainable, inclusive economy. Figure 2: Boynton Beach Effective Rent per Unit Data Source: CoStar, August 2024 18 City of Boynton Beach’s 1284 Strategies: 1. Build a Skilled Workforce through Strategic Education and Training Partnerships 1.1. Conduct an inventory and assessment of agencies, organizations, and partners engaged in workforce development. 1.2. Strengthen relationships with institutions and economic development partners that offer workforce-related services, certifications, and upskilling programs. 2. Align workforce training with local industry needs to create career pathways, ensuring talent attraction, job stability, and economic mobility. 2.1. Facilitate partnerships between Boynton Beach High School and industry leaders to expand apprenticeships, internships, and career exposure. 2.2. Support the development of targeted training programs in high-demand and advanced industry sectors to grow a skilled local talent pipeline. 3. Expand housing options to support workforce retention and attraction. 3.1. Develop a comprehensive Housing Affordability Strategy that identifies needs, challenges, and actionable solutions. 3.2. Align zoning, planning, and infrastructure strategies to support a diverse mix of housing types for all income levels. 4. Incentivize mixed-income developments, workforce housing, and homeownership programs to maintain an accessible housing market. 4.1. Promote policies that encourage the development of mixed-income and workforce housing through density bonuses, expedited permitting, or financial incentives 4.2. Expand homeownership assistance programs such as down payment support and financial counseling for moderate-income residents. 5. Promote Talent Retention through Mobility and Support Services 5.1. Partner with local organizations to offer wraparound support services, including childcare, financial literacy, and transportation assistance. 5.2. Identify and address barriers to workforce participation through targeted community engagement and needs assessments. Key Metrics: 1. Percent of city residents working in the city 2. Enrollment or participation in workforce training programs 3. Amount of public funds allocated toward affordable/workforce housing 4. Number of partnerships developed/created 5. Number of new mixed-income or workforce housing units initiated or completed 192025–2030 Economic Development Plan 1285 Principle 4 Placemaking Strategic placemaking plays a critical role in shaping Boynton Beach’s economic future by enhancing the physical, cultural, and social fabric of the city. By focusing on targeted improvements to public spaces, infrastructure, connectivity, and branding, the City aims to reinforce the identity of its distinct districts—particularly the Economic Target Areas (ETAs) and CRA Districts—as vibrant, walkable hubs for commerce, culture, and coastal lifestyle. These efforts contribute directly to a higher quality of life for residents, attract visitors, and elevate Boynton Beach’s competitiveness as a destination for business, investment, and talent. Creating districts that are inviting, well-maintained, and visually distinct is central to economic vitality. Areas that exhibit strong placemaking characteristics tend to attract new businesses, increase customer traffic, spark reinvestment, and support employment growth. While placemaking outcomes often rely on physical interventions, their success is equally rooted in perception—how people experience and identify with a place. Boynton Beach’s Citywide Placemaking Strategy directs programs and resources to seven Economic Target Areas (ETAs) identified through the Competitive Assessment conducted by Florida International University. These ETAs reflect the diversity of Boynton Beach’s commercial landscape, offering unique combinations of retail types, customer bases, and geographic orientation that collectively define the city’s retail economy. Notably, the Congress Avenue and Highridge TOD districts—Boynton’s two largest by land area—house the majority of the city’s retail-oriented businesses, followed closely by the Downtown Marina District. While the Downtown Marina and Congress Avenue districts hold the greatest concentration of restaurants, GAFO (general apparel, furnishings, and other) retailers are most prevalent along Woolbright Road and Congress Avenue. Most districts remain oriented toward neighborhood goods and services. In addition to the ETAs, the City’s Economic Development Division has identified two supplemental districts—Four Corners and The Beach—as high-potential zones essential to the city’s long-term economic success. These layover districts, though not formally designated ETAs, will be integrated into the placemaking strategy due to their strategic location, community value, and potential to contribute to citywide prosperity. Establishing a clear and authentic identity for each district is foundational to placemaking success. A district’s identity can emerge from a combination of visual branding, historic or cultural context, predominant industries, or its role within the broader city ecosystem. This identity should inform everything from signage and urban design to programming and business attraction strategies—ensuring a cohesive sense of place that resonates with both residents and visitors. 20 City of Boynton Beach’s 1286 Boynton Beach District Level Placemaking Significant Existing Efforts: Some Existing Efforts: No Existing Efforts: Downtown MarinaHeart of BoyntonBoynton Beach Blvd.Congress Ave.WoolbrightMedicalHighridge TODFour CornerBeachVisionVision BrandingBranding InvestmentInvestment WalkabilityWalkability SocialSocial Events & ActivitiesEvents & Activities Image & PerceptionsImage & Perceptions Strategies: 1. Identify key districts to enhance economic activity through branding and placemaking strategies to incentivize business clusters. 1.1. Expand placemaking investment in the CRA Districts and Economic Target Areas. 1.2. Perform a business inventory of the city’s Light Industrial (MI) and Planned Industrial Development (PID) zones to better understand industries occupying industrial space and the products they manufacture and/or distribute to better market what is produced in the CIty. 212025–2030 Economic Development Plan 1287 2. Invest in public spaces, infrastructure, and urban design to foster a vibrant business environment. 2.1. Adopt guiding design principles for the Economic Target Areas that promote investment activity that is functional, aesthetic, and compatible with the surrounding community. 2.2. Adopt guiding design standards for key commercial corridors reflective of urban design concepts and streetscape improvements that support high-quality corridors for both the vehicular and pedestrian experience 3. Increase walkability and connectivity to support business growth and community engagement. 3.1. Create a Citywide Pedestrian and Bicycle Connectivity Plan Map and implement safe, attractive walking and biking routes that connect Economic Target Areas, CRA districts, beach access points, parks, and commercial corridors. 3.2. Activate Alleyways and Underutilized Streets with pedestrian-friendly shared spaces through temporary or permanent placemaking interventions like murals, lighting, string lights 4. Expand lifestyle amenities that enhance the City’s appeal and overall quality of life. 4.1. Develop a Coastal Placemaking Plan to enhance beach access points with amenities like branded signage, sculptural bike racks, dune boardwalks, coastal-themed art, and shaded seating. 4.2. Launch a Year-Round Events Calendar in Key Districts with seasonal cultural, wellness, and culinary events in Economic Target Areas to activate public spaces, attract new visitors, and support local businesses. 5. Implement district-specific signage to establish and promote key placemaking areas, reinforcing identity and guiding visitors to business and cultural hubs 5.1. Invest in gateways and key entry points into Boynton Beach to continue city brand awareness and placemaking 5.2. Develop a Citywide Wayfinding and Signage Master Plan with coordinated signage system that includes directional signs, interpretive markers, pedestrian kiosks, and parking identifiers, unified by a consistent design language. Together, these initiatives will reinforce Boynton Beach’s reputation as a city of vibrant districts— each with its own identity, economic purpose, and quality of place. Key Metrics: 1. Total Projects for public spaces, infrastructure, and urban design 2. Number of Designated and Activated Placemaking Districts 3. Installation and visibility of district-specific signage 4. Event Attendance and Activation Frequency in Key Districts 5. Change in Business Occupancy/Vacancy Rates in Target Districts 22 City of Boynton Beach’s 1288 Principle 5 Economic Development Marketing The Economic Development Marketing Strategy is a core pillar of Boynton Beach’s growth agenda— designed not only to announce the launch and implementation of the City’s Economic Development Plan, but to strategically position Boynton Beach as a premier destination for business, investment, and lifestyle opportunities. Grounded in data and opportunity, this strategy leverages the city’s distinct coastal identity, entrepreneurial energy, and infrastructure momentum to tell a compelling, cohesive story that resonates across markets and sectors. To stand out in today’s hyper-competitive landscape, cities must do more than promote—they must brand with intent. Boynton Beach will define its value proposition with clarity and consistency, showcasing itself as a vibrant, innovation-ready, and business-friendly community that offers both economic opportunity and quality of life. From attracting site selectors and entrepreneurs to inspiring local engagement and civic pride, this strategy is designed to influence perception, drive decision-making, and support long-term economic growth. Despite its strategic location, diverse demographics, and expanding business base, Boynton Beach remains underleveraged in regional and national narratives. This plan calls for a high-impact, multi- platform marketing effort built around five integrated strategies explained below. This marketing strategy will be executed through a mix of branding campaigns, promotional initiatives, enhanced digital platforms, and signature events. It will highlight the City’s business- friendly climate, workforce assets, infrastructure improvements, and quality of life, while maintaining a unified brand identity across all communications. Partnerships with regional stakeholders will amplify visibility and deepen engagement with investors, entrepreneurs, and residents. Ultimately, this is more than a communications plan—it’s a strategic growth tool. One that ensures Boynton Beach’s assets, ambitions, and achievements are visible to the audiences that matter most—and that the city is positioned not just to compete, but to lead. Strategies: 1. Position Boynton Beach as an innovative, growth-oriented, and community-focused city 1.1. Develop and implement targeted branding campaigns that reinforce Boynton Beach as a hub for innovation, growth, and community connection. 1.2. Promote the City’s enhanced development services, digital permitting platforms, and streamlined processes to attract investment. 2. Promote Business Opportunities, Workforce Assets, and Quality of Life 2.1. Launch marketing campaigns that highlight the City’s programs, incentives, and economic development successes. 2.2. Expand the Economic Development website to include a dedicated Workforce Development section featuring career pathways, training programs, and job listings. 232025–2030 Economic Development Plan 1289 3. Enhance Engagement through Consistent Messaging and Community Partnerships 3.1. Maintain a unified brand identity across all platforms and materials. 3.2. Collaborate with local and regional partners to amplify reach and visibility. 3.3. Integrate feedback tools to shape responsive and evolving marketing strategies. 4. Promote the Business Community and Deepen Local Engagement 4.1. Feature local businesses, entrepreneurs, and partners across digital platforms and outreach channels. 4.2. Use marketing to connect residents and stakeholders to the business community, build interest, and support ongoing economic activity 5. Activate the Brand through Signature Events and Programming 5.1. Recurring Events: Host networking mixers, job fairs, and business workshops that strengthen connections and support the business ecosystem. 5.2. Annual Events: Coordinate flagship initiatives such as the Small Business Summit, Small Business Week campaign, Citizens Academy, and Entrepreneurship Academy to spotlight local talent and promote civic and economic participation. Key Metrics: 1. Increase in traffic to Economic Development digital platforms 2. Annual attendance at Economic Development-hosted events and activations 3. Number of business relocations, expansions, or investments attributed to marketing initiatives 4. Number of trained Community Ambassadors actively engaged in outreach efforts 5. Volume and reach of branded marketing collateral produced and distributed 24 City of Boynton Beach’s 1290 252025–2030 Economic Development Plan Implementation 1291 Translating vision into impact requires more than strategy—it requires coordination, accountability, and action. The implementation of Boynton Beach’s Economic Development Plan is designed to operationalize the City’s five guiding principles in a way that delivers measurable progress toward three aspirational goals: ■Position Boynton Beach as a regional hub for innovation and economic opportunity ■Become a livable city with vibrant districts, inclusive housing options, and a skilled workforce ■Foster a collaborative, equitable community that values partnerships and shared prosperity To achieve this, the City has developed a five-year Implementation Framework that provides a clear roadmap for turning priorities into results. The framework aligns each principle—Downtown & Waterfront Reinvestment, Business Attraction & Retention, Workforce Development & Housing, Placemaking, and Economic Development Marketing—with key initiatives, lead departments, potential partners, estimated timelines, and performance metrics. This implementation structure is not static; it is a flexible, living tool designed to respond to evolving market conditions, community input, and new opportunities. It enables the City to prioritize resources, monitor progress, and make data-informed adjustments along the way. Execution will require a cross-sectoral approach. City departments will work closely with regional agencies, private-sector partners, educational institutions, and community organizations to ensure that each initiative reflects a shared commitment to equitable and sustainable economic growth. Through this collaborative model, Boynton Beach will: ■Advance catalytic investments in its downtown and waterfront corridors ■Support the growth and retention of businesses across strategic industries ■Build a resilient, skilled workforce through targeted training and housing strategies ■Create vibrant, connected districts that elevate quality of life ■Amplify the City’s identity through proactive, place-based marketing By grounding implementation in clear actions, shared accountability, and consistent evaluation, Boynton Beach is not only planning for the future—it is actively building it. 26 City of Boynton Beach’s 1292 272025–2030 Economic Development Plan Principles Strategies Approx Timeline Lead Agency / Partners Metric Component 1 Downtown & Waterfront Reinvestment 1:1 Develop a phased Town Square improvement plan with landscaping and public art Y1-Y3 City Planning, CRA, Arts Council 3. Amount of redevelopment funds invested to enhance downtown’s public spaces/attractiveness 1:2 Expand civic events, markets, and programming in Town Square Y1– Ongoing Parks & Rec, Local Nonprofits 4. Annual number of visitors to Town Square, the Marina, and beach-adjacent commercial zones 1:3 Promote public-private partnerships for infill development Y2–Y5 Economic Dev., CRA, Private Developers "2. Increase in residential units within the downtown/waterfront districts 3. Amount of redevelopment funds invested to enhance downtown’s public spaces/attractiveness " 1:4 Implement zoning overlays and incentive packages Y1–Y3 Planning & Zoning, City Commission "1. Number of net new businesses operating downtown and along waterfront corridors 3. Amount of redevelopment funds invested to enhance downtown’s public spaces/attractiveness " 1:5 Recruit dining/hospitality for waterfront corridors Y2–Y5 Economic Dev., Tourism Council 1. Number of net new businesses operating downtown and along waterfront corridors 1:6 Conduct a walkability audit and implement signage/ lighting upgrades Y1–Y4 Public Works, Planning, CRA 4. Annual number of visitors to Town Square, the Marina, and beach-adjacent commercial zones 1:7 Develop a phased marina expansion and funding strategy Y3–Y5 CRA, Marina Operators, P3 Experts "3 .Amount of redevelopment funds invested to enhance downtown’s public spaces/ attractiveness 4. Annual number of visitors to Town Square, the Marina, and beach-adjacent commercial zones " Matrix: 1293 28 City of Boynton Beach’s Principles Strategies Approx Timeline Lead Agency / Partners Metric Component 2 Business Attraction & Retention 2:1 Focus on Target Industries to align with the city’s key assets. Y1– Ongoing Economic Dev, Business Development Board 5. Job Creation in Targeted Industries 2:2 Identify commercial corridors suitable for development and industry expansion. Y1-Y3 Economic Dev., Planning & Zoning 3. Business Inquiries or leads generated % 2:3 Create marketing collateral tailored to business attraction Y1-Y3 Economic Dev, Marketing "3. Business Inquiries or leads generated 4 .Number of Entrepreneurs Supported through Programs, Workshops, or Funding Access " 2:4 Increase the availability and scope of grant programs for local businesses. Y1-Y4 Economic Dev, City Commission, Capital Improvement "1. Number of incentives or grants awarded 4. Number of Entrepreneurs Supported through Programs, Workshops, or Funding Access " 2:5 Develop a platform for matching small businesses with resources Y2-Y5 Economic Dev, IT "3 .Business Inquiries or leads generated 4. Number of Entrepreneurs Supported through Programs, Workshops, or Funding Access " 2:6 Streamline permitting processes for business projects. Y1- Ongoing Planning & Zoning, Building 2.Average number of days for permit approval 2:7 Develop an incentive framework for high-growth businesses Y2-Y4 Economic Dev, City Commission "1. Number of incentives or grants awarded 5. Job Creation in Targeted Industries " 2:8 Facilitate mentorship and Industry networking opportunities Y1- Ongoing Economic Dev, Agencies, SCORE, Chamber 4. Number of Entrepreneurs Supported through Programs, Workshops, or Funding Access 2:9 Identify and map emerging business hubs with targeted industry sectors. Y2-Y5 Business Development Board, Economic Dev. "3. Business Inquiries or leads generated 5. Job Creation in Targeted Industries " 2:10.Build and expand public- private partnerships Y1- Ongoing Private Developers, Business Owners, Economic Dev, Agencies, Chamber 3. Business Inquiries or leads generated 1294 292025–2030 Economic Development Plan Principles Strategies Approx Timeline Lead Agency / Partners Metric Component 3 Workforce Development & Housing 3:1 Conduct an inventory and assessment of agencies, organizations, and partners Y1-Y2 Economic Dev "2. Enrollment or participation in workforce training programs 4.Number of partnerships developed/created " 3:2 Strengthen relationships with institutions and economic development partners Y1- Ongoing Economic Dev, CRA, City Commission, Chamber "2. Enrollment or participation in workforce training programs 4. Number of partnerships developed/created " 3:3 Facilitate partnerships to expand apprenticeships, internships, and career exposure. Y2-Y5 CareerSource, Business Development Board, Economic Dev, School District 1. Percent of city residents working in the city 3:4 Support the development of targeted training programs in industry sectors to grow a skilled local talent pipeline. Y1- Ongoing CareerSource, Business Development Board, Economic Dev, School District "1. Percent of city residents working in the city 2. Enrollment or participation in workforce training programs " 3:5 Develop a comprehensive Housing Affordability Strategy Y3-Y5 Capital Improvement, PBC Housing Authority, CRA "3. Amount of public funds allocated toward affordable/ workforce housing" 3:6 Promote and align zoning, planning, and infrastructure strategies to support housing types for all income levels Y2-Y4 Planning & Zoning, City Commission, Economic Dev "3. Amount of public funds allocated toward affordable/ workforce housing 5. Number of new mixed-income or workforce housing units initiated or completed " 3:7 Expand homeownership assistance programs Y3-Y5 Capital Improvement, PBC Housing Authority, CRA "3. Amount of public funds allocated toward affordable/ workforce housing 5. Number of new mixed-income or workforce housing units initiated or completed " 3:8 Partner with local organizations to offer wraparound support services Y1- Ongoing Economic Dev 4. Number of partnerships developed/created 3:9 Identify and address barriers to workforce participation Y1-Y3 CareerSource, Business Development Board, Economic Dev, Chamber 1. Percent of city residents working in the city 1295 30 City of Boynton Beach’s Principles Strategies Approx Timeline Lead Agency / Partners Metric Component 4 Placemaking 4:1 Expand placemaking investment in the CRA Districts and Economic Target Areas. Y1-Y5 CRA, Planning & Zoning, City Commission, Economic Dev "1. Total Projects for public spaces, infrastructure, and urban design 2. Number of Designated and Activated Placemaking Districts 3. Installation and visibility of district-specific signage" 4:2 Perform a business inventory of the city’s Light Industrial (MI) and Planned Industrial Development (PID) zones Y1-Y2 Economic Dev, Business Development Board, Agencies 5. Change in Business Occupancy/ Vacancy Rates in Target Districts 4:3 Adopt guiding design principles for the Economic Target Areas, promoting investment activity Y2-Y4 Public Works, Planning & Zoning, Economic Dev 5. Change in Business Occupancy/ Vacancy Rates in Target Districts 4:4 Adopt guiding design standards for key corridors that enhance both vehicular and pedestrian streetscapes Y2-Y4 Public Works, Planning & Zoning, FDOT, Palm Beach County 1. Total Projects for public spaces, infrastructure, and urban design 4:5 Create a Citywide Pedestrian and Bicycle Connectivity Plan Map Y3-Y5 Public Works, Planning & Zoning, FDOT, Palm Beach County "1. Total Projects for public spaces, infrastructure, and urban design 2. Number of Designated and Activated Placemaking Districts 4. Event Attendance and Activation Frequency in Key Districts" 4:6 Activate Alleyways and Underutilized Streets with pedestrian-friendly shared spaces Y2-Y3 Public Works, Planning & Zoning, FDOT, Palm Beach County "1. Total Projects for public spaces, infrastructure, and urban design 2. Number of Designated and Activated Placemaking Districts 4. Event Attendance and Activation Frequency in Key Districts" 4:7 Develop a Coastal Placemaking Plan to enhance beach access points Y3-Y4 Public Works, Planning & Zoning, FDOT, Palm Beach County "1. Total Projects for public spaces, infrastructure, and urban design 2. Number of Designated and Activated Placemaking Districts 3. Installation and visibility of district-specific signage " 4:8 Launch a Year-Round Events Calendar in Key Districts Y1-Y5 Economic Dev, CRA, Events 4. Event Attendance and Activation Frequency in Key Districts 4:9 Invest in gateways and key entry points into Boynton Beach Y2-Y3 CRA, Planning & Zoning, City Commission, Economic Dev "2. Number of Designated and Activated Placemaking Districts 3. Installation and visibility of district-specific signage " 4:10.Develop a Citywide Wayfinding and Signage Master Plan with a coordinated signage system Y3-Y5 Public Works, CRA, Planning & Zoning, City Commission, Economic Dev "1. Total Projects for public spaces, infrastructure, and urban design 2. Number of Designated and Activated Placemaking Districts 3. Installation and visibility of district-specific signage " 1296 312025–2030 Economic Development Plan Principles Strategies Approx Timeline Lead Agency / Partners Metric Component 5 Economic Development Marketing 5:1 Develop and implement targeted branding campaigns that reinforce Boynton Beach as an innovation and growth hub Y1- Ongoing Economic Dev, City Marketing 3. Number of business relocations, expansions, or investments attributed to marketing initiatives 5:2 Promote the City’s enhanced development services and streamlined processes to attract investment. Y1- Ongoing Planning & Zoning, Economic Dev 3. Number of business relocations, expansions, or investments attributed to marketing initiatives 5:3 Launch marketing campaigns that highlight the City’s Economic Development programs and successes Y1- Ongoing Economic Dev "1. Increase in traffic to Economic Development digital platforms 2. Annual attendance at Economic Development-hosted events and activations" 5:4 Expand the Economic Development website to include a dedicated Workforce Development section. Y2- Ongoing Economic Dev, IT 1. Increase in traffic to Economic Development digital platforms 5:5 Maintain a unified brand identity across all platforms and materials. Y1- Ongoing Economic Dev "1. Increase in traffic to Economic Development digital platforms 5. Volume and reach of branded marketing collateral produced and distributed " 5:6 Collaborate with local and regional partners to amplify reach and visibility. Y1- Ongoing Economic Dev., Agencies 4. Number of trained Community Ambassadors actively engaged in outreach efforts 5:7 Integrate feedback tools to shape strategies. Y2- Ongoing Economic Dev 1. Increase in traffic to Economic Development digital platforms 5:8 Use marketing to connect residents and stakeholders to the business community Y1- Ongoing Economic Dev 2. Annual attendance at Economic Development-hosted events and activations 5:9 Host networking mixers, job fairs, and business workshops Y1- Ongoing Economic Dev, Events, Chamber 2. Annual attendance at Economic Development-hosted events and activations 5:10.Coordinate flagship initiatives (Small Business Summit, Small Business Week campaign, Citizens Academy, and Entrepreneurship Academy) Y1- Ongoing Economic Dev, CRA, Events, Chamber 2. Annual attendance at Economic Development-hosted events and activations 1297 32 City of Boynton Beach’s Resources 1298 The Economic Development Plan for the City of Boynton Beach is grounded in data-driven analysis and regional context. Its development was guided by a combination of internal expertise and external research, ensuring that the strategies proposed are both locally relevant and aligned with broader economic trends. To inform this plan, City staff analyzed publicly available data, reports, and strategic documents from a range of federal, state, and regional sources. These materials offered valuable insights into market conditions, demographic changes, infrastructure priorities, industry growth patterns, and community needs—helping to shape a framework that is both forward-thinking and actionable. Key sources of data and reference included: ■Business Development Board of Palm Beach ■Florida Department of Transportation ■Palm Beach County ■U.S. Census Bureau ■Florida Chamber of Commerce ■Small Business Administration ■Select Florida ■Discover the Palm Beaches ■Palm Beach County Property Appraiser This integration of regional knowledge and national benchmarks helps ensure that Boynton Beach’s economic development strategy is built on a solid foundation—positioning the City for sustainable growth, innovation, and community resilience. 332025–2030 Economic Development Plan 1299 Contact Us City Hall Physical Address 100 E Ocean Avenue Boynton Beach, FL 33435 Mailing Address City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Phone: 561-742-6000 WWW.BOYNTON-BEACH.ORG 1300 Boynton Beach Economic Development Plan 2025–2030 Vision, Growth & Prosperity 1301 Why This Plan, Why Now? 20% population growth since 2010 Diverse, youthful population: 60% under age 50 Rapid transformation in workforce, real estate, and commerce Opportunity to define Boynton Beach as a regional leader in innovation, livability, and inclusivity 1302 Vision, Mission & Aspirational Goals Vision:Sustainable economic growth that drives innovation and prosperity Mission:Cultivate a thriving economic ecosystem through strategic investment and collaboration Aspirational Goals: Become a hub for innovation and opportunity Create a livable city with vibrant, inclusive districts Foster an equitable and collaborative community 1 2 3 1303 Strategic Framework Downtown & Waterfront Reinvestment Business Attraction & Retention Workforce Development & Housing Placemaking Economic Development Marketing Guided by 5 Principles 1304 Principle 1 — Downtown & Waterfront Reinvestment •Leverages Town Square and Waterfront as civic and economic anchors •Expands mixed-use development and walkability •Enhances connections between downtown, beach, and key districts •Supports vibrant public spaces and tourism- friendly improvements Key Metrics Example: Annual number of visitors to Town Square, the Marina, and beach- adjacent corridors 1305 Principle 2 — Business Attraction & Retention •Targets high-growth sectors (tech, healthcare, creative industries, tourism) •Focuses on incentive programs, infrastructure upgrades, and permitting reform •Strengthens support for small business and entrepreneurship Key Metrics Example: Number of entrepreneurs supported, and new jobs created in priority sectors 1306 Principle 3 — Workforce Development & Housing •Aligns education and training with industry needs •Supports apprenticeships, career pathways, and wraparound services •Promotes mixed-income housing and infill development •Addresses cost-burden and affordability challenges Key Metrics Example: Number of new workforce housing units and training program participants 1307 Principle 4 — Placemaking •Activates Economic Target Areas (ETAs) and emerging micro-districts •Invests in public spaces, branding, signage, and events •Enhances walkability and connectivity across districts •Adds value through design, identity, and cultural assets Key Metrics Example: Activated districts with enhanced public spaces, branded signage, and higher occupancy 1308 Principle 5 — Economic Development Marketing •Defines and promotes Boynton Beach’s value proposition •Launches targeted branding campaigns and digital engagement •Highlights business-friendly environment, talent, and quality of life •Positions Boynton Beach regionally and nationally Key Metrics Example: Increased digital engagement, business activity linked to marketing, and visibility through branded outreach. 1309 Implementation Matrix The five-year Implementation Matrix outlines: •Strategic priorities for each principle •Lead departments and partner agencies • Timeframes and performance metrics It serves as a flexible, living document—adaptable to economic shifts, community feedback, and new opportunities. This is a coordinated team effort to turn vision into measurable, inclusive, and lasting outcomes for Boynton Beach 1310 Key Actions •Treat as a Living Document: Adaptable to market conditions •Collaboration: Leverages partnerships with regional agencies, businesses, and institutions •Approval Request: Commission’s support to adopt and implement this plan 1311 Thank you! 1312 ADDENDUM TO AGREEMENT BETWEEN THE KNOT WORLDWIDE, INC. AND THE CITY OF BOYNTON BEACH, FLORIDA ADDITIONAL TERMS The terms of this Addendum govern and control your Agreement with the City of Boynton Beach. If there is any conflict between the Agreement and this Addendum, this Addendum shall control. PUBLIC RECORDS. The City is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida’s Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the City to perform the service; B. Upon request from the City’s custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the City; and D. Upon completion of the contract, Contractor shall transfer to the City, at no cost to the City, all public records in Contractor’s possession All records stored electronically by Contractor must be provided to the City, upon request from the City’s custodian of public records, in a format that is compatible with the information technology systems of the City. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK 100 E. OCEAN AVE. BOYNTON BEACH, FL, 33435 561-742-6060 CITYCLERK@BBFL.US CONFIDENTIALITY. If the Agreement contains any confidentiality obligations, any such provisions are subject to Chapter 119, Florida Statutes mandates. The Agreement and any information provided by Contractor to the City may fall within the disclosure requirements of Chapter 119, Fla. Stat. The Contractor must clearly label and mark each page or section of any tangible documents (excluding internet-based Confidential Information) provided to the City in connection with the Agreement that it considers proprietary information or otherwise confidential or exempt from Chapter 119, Fla. Stat. If the City receives a public records request regarding the Contractor’s Confidential Information, it will notify the Contractor in writing or electronically. If the Contractor continues to assert in good faith that the information is confidential or exempt from disclosure pursuant to Chapter 119, Fla Stat., then the Contractor shall be solely responsible for defending its position or seeking a judicial declaration. Nothing in this Agreement shall create an obligation 1741313 or duty for the City to defend or justify the Contractor’s position. Contractor shall indemnify and hold harmless the City for any award, damages, fines, fees, penalties, or impositions of whatsoever nature or kind and all costs and fees, including attorney’s fees incurred by the City in connection with this section. Any requirements in the Agreement that require the City to destroy Confidential Information upon termination of the Agreement are hereby deemed null and void. DISCRIMINATORY VENDOR AND SCRUTINIZED COMPANIES LISTS; COUNTRIES OF CONCERN. Contractor represents that it has not been placed on the “discriminatory vendor list” as provided in Section 287.134, Florida Statutes, and that it is not a “scrutinized company” pursuant to Sections 215.473 or 215.4725, Florida Statutes. Contractor represents and certifies that it is not, and for the duration of the Term, will not be, ineligible to contract with City on any of the grounds stated in Section 287.135, Florida Statutes. Contractor represents that it is, and for the duration of the Term will remain, in compliance with Section 286.101, Florida Statutes. VERIFICATION OF EMPLOYMENT ELIGIBILITY. Contractor represents that Contractor and each subcontractor have registered with and use the E-Verify system maintained by the United States Department of Homeland Security to verify the work authorization status of all newly hired employees in compliance with the requirements of Section 448.095, Florida Statutes, and that entry into this Agreement will not violate that statute. If Contractor violates this section, City may immediately terminate this Agreement for cause, and Contractor shall be liable for all costs incurred by City due to the termination. PUBLIC ENTITY CRIMES ACT. Contractor represents that it is familiar with the requirements and prohibitions under the Public Entity Crime Act, Section 287.133, Florida Statutes, and represents that its entry into this Agreement will not violate that Act. Contractor further represents that there has been no determination that it committed a “public entity crime” as defined by Section 287.133, Florida Statutes, and that it has not been formally charged with committing an act defined as a “public entity crime” regardless of the amount of money involved or whether Contractor has been placed on the convicted vendor list. ENTITIES OF FOREIGN CONCERN. This section shall apply if Contractor or any subcontractor will have access to an individual’s personal identifying information under this Agreement. Accordingly, Contractor represents and certifies: (i) Contractor is not owned by the government of a foreign country of concern; (ii) the government of a foreign country of concern does not have a controlling interest in Contractor; and (iii) Contractor is not organized under the laws of and does not have its principal place of business in, a foreign country of concern. On or before the Effective Date or the date that Contractor or its subcontractor will have access to personal identifying information under this Agreement, Contractor and any subcontractor that will have access to personal identifying information shall submit to City executed affidavit(s) under penalty of perjury, in a form approved by City attesting that the entity does not meet any of the criteria in Section 287.138(2), Florida Statutes. Compliance with the requirements of this section is included in the requirements of a proper invoice. Terms used in this section that are not otherwise defined in this Agreement shall have the meanings ascribed to such terms in Section 287.138, Florida Statutes. ANTI-HUMAN TRAFFICKING. On or before the Effective Date of the Agreement, Contractor shall provide City with an affidavit attesting that the Contractor does not use coercion for labor or services, in accordance with Section 787.06(13), Florida Statutes. INVOICES AND PAYMENT. Payments of any fees due to the Contractor for services shall be conditioned on receipt of a proper invoice. Contractor and City agree that the standard invoice format in the Contractor's billing portal is considered a proper invoice. Payment will be made in accordance with the Local Government Prompt Payment Act, Section 218.70, et al., Florida Statutes. INDEMNIFICATION. Subject to the limitations of Section 768.28, Florida Statutes, the City agrees to indemnify and hold Contractor, Contractor’s affiliates, and Contractor’s and their respective officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising in any manner in whole or in part out of City’s use of the Site, or 1751314 its violations of its representations, warranties or obligations under the Agreement. Except as otherwise provided by Florida Law, neither the execution of this Addendum by the City nor any conduct, action, or inaction of any City representative relating to the Agreement is a waiver of sovereign immunity by the City. SOVEREIGN IMMUNITY. Nothing contained herein is intended to serve as a waiver of sovereign immunity by the City or as a waiver of limits of liability or rights the City may have under the doctrine of sovereign immunity or under Section 768.28, Florida Statutes. By signing below, the Contractor agrees to the terms in this Addendum. By:_____________________________ Name:___________________________ Title:____________________________ Date:____________________________ Felicity Chaban 01 August 2025 Chief Legal Officer & Secretary 1761315