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Agenda 11-04-25The City of Boynton Beach City Commission Agenda Tuesday, November 4, 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 A.Proclamation- Family Caregivers Month B.Proclamation- The Links at Boynton Beach PGA Hope Program Day. C.Tourism presentation by Discover The Palm Beaches. D.State of Education Report by District 7 School Board Member Edwin Ferguson. E.City Announcements 4.Public Audience 5.Administrative A.Discussion on date to have a Legislative Action workshop, prior to the January 13- 14, 2026 PBC Days in Tallahassee. Roll Call. Invocation by Commissioner Woodrow Hay. Pledge of Allegiance to the Flag led by Commissioner Woodrow Hay. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption City Commissioners to disclose any informational items to the public. Vice Mayor Hay will read and present the proclamation naming November as Family Caregivers Month to Ricky Petty, the Project Director for Healthier Boynton Beach. Commissioner Turkin will read and present the proclamation naming November 4, 2025 as The Links at Boynton Beach PGA HOPE Program Day. The proclamation will be received by Samuel Preston, Golf Course Division Director. The presentation will be given by Sergio Piedra, Senior Director of Intergovernmental Affairs for Discover The Palm Beaches. District 7 School Board Member Edwin Ferguson will give a report on the State of Education. City/CRA Joint Workshop - Discussion and Consideration of Overall Visioning of CRA Area - November 8th - 9am-12pm Veterans Day Ceremony - Veterans Memorial Park, 411 N Federal Hwy - November 11th -11am - 12am 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). 4 B.Advisory Board Appointments C.Community Support Funds. 6.Consent Agenda A.Proposed Resolution No. R25-282- Ratify the City's application for the Speed and Aggressive Driving Grant through the Florida Department of Transportation (FDOT), for the 2025/2026 funding cycle, and authorize the Mayor to accept the Grant and execute all future documents associated with the grant, subject to approval by the City Attorney. B.Proposed Resolution No. R25-283- Approving the City's application for the Identity Theft and Fraud Grant through the Florida Department of Law Enforcement (FDLE), Office of Criminal Justice Grants, for the 2025/2026 funding cycle; and, if awarded, authorize the Mayor to accept the Grant and execute all future documents associated with the grant, subject to approval by the City Attorney. C.Proposed Resolution No. R25-284- Ratify the City's application for the Impaired Driving Grant through the Florida Department of Transportation (FDOT), for the 2025/2026 funding cycle, and authorize the Mayor to accept the Grant and execute all future documents associated with the grant, subject to approval by the City Attorney. D.Proposed Resolution No. R25-285- Approving the Facility Use Agreement between the City of Boynton Beach and the ALS Association, Inc. for the 2025 Walk to Defeat ALS Boynton on November 15, 2025, at Centennial Park and Amphitheater. E.Proposed Resolution No. R25-286- Amend various FY 2025-26 Capital Project accounts. Adjusting budgeted appropriations and revenue sources and providing spending authority for the Utility Capital Improvement Funds (403 & 404). F.Proposed Resolution No. R25-291- Approve the updated legal description for a small, city-owned parcel of land located at the southeast corner of NE 1st Avenue and NE 4th Street, previously approved for disposition through Resolution R25-232 at the 9/2/2025 Commission Meeting. G.Commission Meeting Minutes. Requested by Commissioner Turkin. City Commission to reappoint and appoint eligible members of the community to serve in vacant positions on City Advisory Boards. Approve Community Support Fund requests from Commissioner Turkin. Staff recommends approval of Proposed Resolution No. R25-282. Staff recommends approval of Proposed Resolution No. R25-283. Staff recommends approval of Proposed Resolution No. R25-284. Staff recommends approval of Proposed Resolution No. R25-285. Staff recommends approval of Proposed Resolution No. R25-286. Staff recommends approval of Proposed Resolution No. R25-291. 5 7.Consent Bids and Purchases A.Proposed Resolution No. R25-287- Award Request for Proposal No. 25-051R for Harvey E. Oyer Jr. Park Bait and Tackle Shop (Operating Services) to Florida Tackle Company, Inc., and approve a Retail Lease Agreement between the City and Florida Tackle Company, Inc. for a five-year term, with two additional two-year renewal options. B.Proposed Resolution No. R25-288- Approve Amendment No. 2 to Agreement between the City of Boynton Beach and Hera Property Registry, LLC for registration and monitoring services for the administrator of record for abandoned, foreclosed, vacant properties within the City. C.Proposed Resolution No. R25-289- Approving a Piggyback Agreement between the City and the BG Group, LLC in the amount of $575,000 plus a 10% contingency of $57,500, totaling $632,500 for the demolition and removal of the Boynton Inn located at 480 Boynton Beach Boulevard. D.Proposed Resolution No. R25-290- Award Request for Proposal No. 25-058R for HVAC Equipment, Maintenance Products, Services, and Repairs to Shamtec, Inc., and approve a Citywide Contract between the City and Shamtec, Inc., in an amount not-to-exceed $500,000 annually for an initial three (3)-year term, with one (1) optional two (2)-year renewal, subject to the availability of budgeted funds and satisfactory vendor performance. 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. 25-018- Second 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. B.Proposed Ordinance No. 25-034- Second 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. Approve minutes from the October 7, 2025 City Commission Meeting. Staff recommends approval of Proposed Resolution No. R25-287. Staff recommends approval of Proposed Resolution No. R25-288. Staff recommends approval of Proposed Resolution No. R25-289. Staff recommends approval of Proposed Resolution No. R25-290. Staff recommends approval of Proposed Ordinance No. 25-018, on Second Reading. Staff recommends approval of Proposed Ordinance No. 25-034, on second reading. 6 C.Proposed Ordinance No. 25-035- First Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, Amending Part III "Land Development Regulations," Article II "Planning and Zoning Division Services," Section 4, "Relief Applications" by Amending Subsection F, "Requests for Accommodation," in order to Provide Procedures for Handling and Processing Requests for Accommodation from the City's Land Development Regulations; Providing for Conflicts; Providing for Severability; Providing for Codification; Providing an Effective Date; and For All Other Purposes. 9.City Manager’s Report 10.Regular Agenda A.Proposed Ordinance No. 25-036- First Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, adding Chapter 2, Article IV, Section 2-60 to the City Code of Ordinance Entitled "Public-Private Partnerships;" Establishing Procedures for Public-Private Partnerships and Unsolicited Proposals; Providing for Codification; Providing for Severability; Providing for Conflicts; and Providing for an Effective Date. B.Proposed Ordinance No. 25-037- First Reading, An Ordinance of the City of Boynton Beach, Florida, Submitting to Referendum an Amendment to the City Charter; Adding a Preamble to the City Charter to Establish the Foundational Purposes and Principles Of City Governance; Providing for a Notice of an Advertisement of the Referendum Election to be Published in Accordance with the State of Florida Election Code; Providing that this Ordinance, when Adopted, Shall Be Submitted to the Qualified Electors of the City of Boynton Beach, Florida, on the March 2026 General Municipal Election Ballot and Shall Become Effective as Provided by Law; Providing for Conflicts, Severability, and an Effective Date. C.Proposed Ordinance No. 25-038- First Reading, An Ordinance of the City of Boynton Beach, Florida, Submitting to Referendum Amendments to the City Charter; Amending Section 3 to Require Continuous Residence within the City for at Least One (1) Year Prior to Filing to Run for Office; Providing for a Notice of an Advertisement of the Referendum Election to be Published in Accordance with the State of Florida Election Code; Providing that this Ordinance, when Adopted, Shall be Submitted to the Qualified Electors of the City of Boynton Beach, Florida, on the March 2026 General Municipal Election Ballot and Shall Become Effective as Provided by Law; Providing for Conflicts, Severability, and an Effective Date. D.Proposed Ordinance No. 25-039- First Reading, An Ordinance of the City of Boynton Beach, Florida, Submitting to Referendum Amendments to the City Charter; Amending Section 5 to Increase the Term of Elective Offices from Three (3) Years to Four (4) Years; to Clarify What Constitutes a Term for Purposes of Term Limits; to Provide for a Mandatory Sit-Out Period; Providing for a Notice of an Advertisement of the Referendum Election to be Published in Accordance with the State of Florida Election Code; Providing that this Ordinance, when Adopted, Shall be Submitted to Staff recommends approval of Proposed Ordinance No. 25-035, at first reading. Staff recommends approval of Proposed Ordinance No. 25-036, at first reading. Staff recommends approval of Proposed Ordinance No. 25-037, at first reading. Staff recommends approval of Proposed Ordinance No. 25-038, at first reading. 7 the Qualified Electors of the City of Boynton Beach, Florida, on the March 2026 General Municipal Election Ballot and Shall Become Effective as Provided By Law; Providing for Conflicts, Severability, and an Effective Date. E.Proposed Ordinance No. 25-040- First Reading, An Ordinance of the City of Boynton Beach, Florida, Submitting to Referendum Amendments to the City Charter; Amending Section 20 to Clarify the Form of Government, Require a Super Majority Vote for the Appointment and Removal of the City Manager and City Attorney, and Clarifying the Duties and Responsibilities of the City Manager and Commissioners; Providing for a Notice of an Advertisement of the Referendum Election to be Published in Accordance with the State of Florida Election Code; Providing that this Ordinance, when Adopted, Shall be Submitted to the Qualified Electors of the City of Boynton Beach, Florida, on the March 2026 General Municipal Election Ballot and Shall Become Effective as Provided by Law; Providing for Conflicts, Severability, and an Effective Date. F.Proposed Ordinance No. 25-041- First Reading, An Ordinance of the City of Boynton Beach, Florida, Submitting to Referendum Amendments to the City Charter; Amending Sections 8, 20, 23, 24, 40, 50, 52, 54, and 55 to Modernize Language by Replacing Masculine-Only Pronouns and to Update Notice and Publication Requirements to Comply with Current Florida Statutes and Digital-Age Communication Practices; Providing for a Notice of an Advertisement of the Referendum Election to be Published in Accordance with the State of Florida Election Code; Providing that this Ordinance, When Adopted, Shall be Submitted to the Qualified Electors of the City of Boynton Beach, Florida, on the March 2026 General Municipal Election Ballot and Shall Become Effective as Provided by Law; Providing for Conflicts, Severability, and an Effective Date. 11.Future Agenda Items A. Discussion regarding a proposed 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. Tabled at the August 19, 2025, meeting.- TBD B.Discussion regarding Citywide Master Plan to light up the City.- - November 8th, 2025 (CRA/City Workshop). C.Update on the City's Strategic Planning efforts. - November 18, 2025 D.Discussion regarding requirements to construct required sidewalks and exemptions as outlined in Land Development Regulations, Chapter 4, Article VIII, Section 3 Standards, D Sidewalks. - November 18, 2025 Staff recommends approval of Proposed Ordinance No. 25-039, at first reading. Staff recommends approval of Proposed Ordinance No. 25-040, at first reading. Staff recommends approval of Proposed Ordinance No. 25-041, at first reading. Discuss the proposed changes to the Ordinance. Requested by Commissioner Turkin. Update requested by Commission Woodrow Hay. 8 E.Quarterly joint City/CRA coordination meeting - January 13, 2026 F.Discussion regarding combining City properties together to create senior affordable housing.- January 13, 2026 (CRA/City Joint meeting) G.Discussion regarding creating a beautification board. - TBD H.Discussion on utility lift station upgrades and odor control - TBD I.Discussion in regards to an additional area that might be available as a future cemetery.- TBD J.Discussion regarding Amendments to the Code of Ordinances regarding flooding in the community.- TBD 12.Adjournment Requested by Commissioner Cruz. Requested by City Commission and CRA Board. Requested by Vice Mayor Hay. Requested by Commissioner Turkin. Requested by Vice Mayor Hay. Requested by Vice Mayor Hay. 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 City Clerk. 9 City of Boynton Beach Agenda Item Request Form 3.A Announcements, Community and Special Events And Presentations 11/ 4/2025 Meeting Date: 11/ 4/2025 Proclamation- Family Caregivers Month Requested Action: Vice Mayor Hay will read and present the proclamation naming November as Family Caregivers Month to Ricky Petty, the Project Director for Healthier Boynton Beach. How will this affect city programs or services? NA Account Line Item and Description: NA Fiscal Impact: There is no fiscal impact to the budget for this item. Attachments: National Family Caregivers Month.docx 10 Proclamation WHEREAS, November is designated as National Family Caregivers Month, a time to acknowledge the vital contributions of family caregivers who provide essential care and support to loved ones managing chronic conditions, disabilities, or the challenges of aging; and WHEREAS, over 53 million adult and over 5.4 million youth family caregivers in the United States are the unacknowledged backbone of the nation’s long-term care system by providing daily assistance to manage health and personal care, thus enabling their loved ones to stay in the home longer; and WHEREAS, family caregivers are the cornerstone of compassionate care, offering physical, emotional, and often financial support, many times at great personal sacrifice to ensure their loved ones can maintain their dignity, health, and well-being; and WHEREAS, Healthier Boynton Beach, a community driven health initiative commit ted to improving the health and well-being of Boynton Beach residents, stands with family caregivers, advocating for greater awareness, resources, and support to ensure they have the tools and assistance they need to care for their loved ones while maintaining their own health and well-being; and WHEREAS, it is important to recognize the many contributions of family caregivers and encourage our communities, health providers, employers, and others to support their invaluable efforts; NOW THEREFORE, I, Vice Mayor Woodrow Hay, and Mayor Rebecca Shelton, of the City of Boynton Beach, Florida, do hereby proclaim November 2025 as: National Family Caregivers Month encouraging all residents to recognize the invaluable contributions of family caregivers and to advocate for programs and policies that support them in their caregiving journey. IN WITNESS WHEREOF, I have hereunto set my hand and cause the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach Florida, the 4th day of November, Two Thousand and Twenty-Five. Woodrow Hay, Vice Mayor Rebecca Shelton, Mayor ATTEST: Maylee De Jesús, MPA, MMC, City Clerk 11 City of Boynton Beach Agenda Item Request Form 3.B Announcements, Community and Special Events And Presentations 11/ 4/2025 Meeting Date: 11/ 4/2025 Proclamation- The Links at Boynton Beach PGA Hope Program Day. Requested Action: Commissioner Turkin will read and present the proclamation naming November 4, 2025 as The Links at Boynton Beach PGA HOPE Program Day. The proclamation will be received by Samuel Preston, Golf Course Division Director. How will this affect city programs or services? NA Account Line Item and Description: NA Fiscal Impact: There is no fiscal impact to the budget for this item. Attachments: The Links at Boynton Beach PGA HOPE Progam Day.docx 12 Proclamation WHEREAS, the Professional Golfers’ Association of America (PGA) has established the PGA HOPE (Helping Our Patriots Everywhere) program as its flagship military initiative to introduce golf to veterans and active -duty service members as a means of enhancing their physical, mental, social, and emotional well-being; and WHEREAS, The Links at Boynton Beach PGA HOPE Program provides free, adaptive golf instruction conducted by PGA-certified professionals, creating a therapeutic outlet that fosters camaraderie, confidence, and community among participants of all backgrounds and abilities; and WHEREAS, The Links at Boynton Beach PGA HOPE Program Chapter has become a model of excellence and growth in the region, expanding from just 13 original members to over 150 active participants, demonstrating the power of sport, mentorship, and fellowship in the successful reintegration of veter ans into civilian life; and WHEREAS, the City of Boynton Beach is proud to celebrate this local program’s extraordinary impact —uniting veterans, community leaders, and volunteers under a shared commitment to healing and service through the game of golf; and WHEREAS, the Boynton Beach City Commission recognizes the invaluable contribution of PGA HOPE in promoting inclusion, resilience, and purpose for our nation’s heroes, while also showcasing the spirit of community that defines Boynton Beach. NOW THEREFORE, I, Commissioner Thomas Turkin, and Mayor Rebecca Shelton, of the City of Boynton Beach, Florida, do hereby proclaim November 4, 2025 as: THE LINKS AT BOYNTON BEACH PGA HOPE PROGRAM DAY and encourage all residents to join in recognizing the PGA HOPE Program, its coaches, volunteers, and veteran participants for their dedication, perseverance, and service to our community and country. IN WITNESS WHEREOF, I have hereunto set my hand and cause the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach Florida, the 4th day of November, Two Thousand and Twenty-Five. Thomas Turkin, Commissioner Rebecca Shelton, Mayor ATTEST: Maylee De Jesús, MPA, MMC, City Clerk 13 City of Boynton Beach Agenda Item Request Form 3.C Announcements, Community and Special Events And Presentations 11/ 4/2025 Meeting Date: 11/ 4/2025 Tourism presentation by Discover The Palm Beaches. Requested Action: The presentation will be given by Sergio Piedra, Senior Director of Intergovernmental Affairs for Discover The Palm Beaches. Explanation of Request: NA How will this affect city programs or services? NA Account Line Item and Description: NA Fiscal Impact: There is no fiscal impact to the budget for this item. Attachments: Boynton Beach Road Show 2025.pdf 14 15 We are Discover The Palm Beaches •Official Tourism Marketing Corporation contracted by Palm Beach County •Private, not-for-profit organization accredited with distinction by Destinations International •Reports to a 24 Member Board/7 appointed by Palm Beach County Board of County Commissioners •Under Tourist Development Council, we work with sister agencies to cover the whole county •Funding through 6% bed tax rate on overnight stays, plus some private revenues 16 Your Story is Our Story 17 The Palm Beaches Collection: Cities NEW CAMPAIGN FOR 2026 PUTTING A SPOTLIGHT ON OUR CITIES LOCAL AUTHENTICITY BOYNTON BEACH WILL BE RIGHT IN IT 18 BOYNTON BEACH TOURISM TRENDS 19 Visitation Growth to Boynton Beach Source: Placer.ai 252 238 176 169 176 0 50 100 150 200 250 300 2023 2024 Jan-Sep 2023 Jan-Sep 2024 Jan-Sep 2025Thousands 20 Boynton Beach Hotel Performance Property Name Rooms Hampton Inn & Suites Boynton Beach 165 Courtyard Boynton Beach 152 TownePlace Suites Boynton Beach 116 Nova Inn Resort 104 The Inn at Boynton Beach 102 Holiday Inn Express & Suites Boynton Beach West 93 Golden Sands Inn 26 Atlantic Lodge 21 Stay Inn Motel 20 Loraine Motel 17 Tiki Hut 15 Boynton Beach Motel 13 Total 844 21 Boynton Beach Hotel Performance Occupancy (Oct-Sep): 2025: 75% 2024: 71% 2023: 74% 231,045 room nights sold 22 Visitor Segments by City 23 Boynton Beach Visitor Segments 14%13%12% 10% 8%7%6%5%5%4%4%4%3%2%2%1%1%0%0%0.00% 2.00% 4.00% 6.00% 8.00% 10.00% 12.00% 14.00% 16.00% 24 Visitor Segments Cluster Age/Stage Income Lifestyle Tech Use Marketing Focus Booming w/ Confidence 50+, retirees High Active, health, leisure Moderate, cautious Trust, lifestyle, planning Golden Year Guardians 65+, retirees Middle to high Stable, traditional, retirement-focused Low to moderate Health, security, trust Suburban Style Families, traditional Middle Suburban, stable Moderate, practical Savings, convenience Singles & Starters 20s–30s Modest Urban, social, aspirational High, social media Value, digital, aspirational Power Elite Mature, professionals High Luxury, travel, exclusive High, early adopters Premium, innovative Family Union Young to middle- age families Middle Family-focused, community, budget- conscious Moderate, practical Family value, inclusivity, convenience Bourgeois Melting Pot Families, diverse Middle Community, family Practical Inclusive, reliable, value 25 Boynton Beach Resident Sentiment 52% 61% 66% 84% 57% 59% 71% 85% 65% 70% 72% 87% 57% 60% 65% 88% 0%10%20%30%40%50%60%70%80%90%100% Tourism enhances residents’ quality of life Tourism enhances the quality of public services for residents Tourism creates many well-paying jobs for residents Tourism creates shopping, restaurants and entertainment opportunities for residents 2025 2024 2023 2022 26 Boynton Beach Resident Sentiment 69% 66% 74% 71% 70% 58% 73% 70% 73% 74% 82% 78% 72% 61% 77% 72% 0%10%20%30%40%50%60%70%80%90% Welcome Visitors Support Building New Facicilities the will Bring More Tourism Support Attracting More Events Support Tourism Promotion 2025 2024 2023 2022 27 28 Evolving Our Role – Promotion to Stewardship Focus: Marketing & Sales Role: Promoter Audience: Visitors, Industry Partners Focus: Partnership Building, Marketing & Sales Role: Connector Audience: Visitors, Industry, Public Sector Focus: Destination Stewardship Role: Collaborator, Steward, Strategist Audience: Residents, Visitors, Industry Governments, NGO’s 29 We Talk With Everyone 30 The Palm Beaches We have evolved from a tourism destination to a renowned world-class travel brand, laying the foundation for The Palm Beaches’ growth as a premier hub for business, culture, education, lifestyle, social and economic development. Our collection of communities and experiences offer endless opportunities and a sense of balance, inspiring residents and visitors to pursue their aspirations while embracing the well-being and prosperity of The Palm Beaches. 31 State of Tourism Industry Event! COME SEE COMMISSIONER CRUZ! WE INTRODUCE OUR CITY COLLECTION CAMPAIGN CELEBRATE TOURISM IN THE PALM BEACHES 32 Thank You for Your Partnership! 33 City of Boynton Beach Agenda Item Request Form 3.D Announcements, Community and Special Events And Presentations 11/ 4/2025 Meeting Date: 11/ 4/2025 State of Education Report by District 7 School Board Member Edwin Ferguson. Requested Action: District 7 School Board Member Edwin Ferguson will give a report on the State of Education. Fiscal Impact: There is no fiscal impact to the budget for this item. Attachments: School Board Ferguson Presentation.pptx 34 1 35 Mr. Edwin Ferguson Board Member District 7 FY26 Boynton Beach Updates 36 ●Introduction of Edwin Ferguson, Esq. ●Academic Results ●How to Help Your Child ●New Worlds Reading Initiative ●Graduation Requirements ●Construction Projects ●Questions & Answers Today’s Agenda 37 Boynton Beach Academic Results 38 FY22 FLKRS/STAR Kindergarten Readiness & FY25 Grade 3 ELA 39 How to Help Your PreK Child Florida Early Learning Standards: 4 Years Old to Kindergarten ●Florida Early Learning Standards - Family Guide ●Birth to PreK Literacy Parent Resource Hub - UF Literacy Institute ●Apply for the Florida Voluntary Prekindergarten Program ●Riviera Beach PreK Collaborative - Kindergarten Entry Power Standards 40 How to Help your Child Get Ready for Kindergarten ●What Your Kindergartner Should Know (ELA) ●Parent Guide for Kindergarten Math ●Parent Guide for Kindergarten ELA Standards 41 To build reading comprehension, parents can; ●read aloud together ●ask questions ●engage in regular conversations about books ●encourage summarizing ●connect reading to real-life experiences ●discuss unfamiliar words ●find books about their interests How to help your child with reading comprehension 42 Dolch and Fry Words are the words that are most frequently used in reading and writing. By practicing these words with your children and helping them learn to recognize them automatically, you can help facilitate fluency in reading. How to help your child do better in Reading & Writing •Dolch Word Lists •Fry Word List 43 Reading, Writing, Math, Science, and Social Studies Online Platforms Please click below to access online platforms for each subject area: ●Curriculum Platforms 44 How You Can Help Parents: ●Practice high frequency words. ●Make sure children read and have a place to do homework each night. ●Parents attend curriculum nights, open houses, parent conferences, SAC & PTA meetings, and other school events. ●Donation for school year. Community Members: ●Volunteer at your local school ●Provide sponsorships ●Municipal Education Advisory Boards 45 46 Bright Futures Scholarship Seniors apply for the Bright Futures Scholarship and other State-funded scholarships and grants by completing the Initial Student Florida Financial Aid Application (FFAA). ●The highest award type (FAS) covers 100% of tuition and fees at a FL public institution ●The deadline to complete the requirements and apply for a Bright Futures Scholarship is August 31 of senior year. ●We encourage all graduating seniors to complete the FFAA by April 1st of Senior year to increase chances of qualifying for other state-funded scholarships. ●Students do not need to wait until they meet all the Bright Futures requirements to complete the FFAA. ●Students in grades 11 and 12 should see their school counselor to obtain a copy of their individual Bright Futures Scholarship Evaluation (Eligibility) Report. For more information on Bright Futures Scholarship eligibility requirements and how to apply, visit www.floridabrightfutures.gov or The SDPBC Bright Futures Page 47 High School Credits for Middle School (6-8) Students Some high school courses will be offered in middle school. The availability of high school courses in middle school will differ by school. ●Grades earned in high school courses in middle school will be used in the future to calculate high school GPA and cumulative class ranking. ●These credits will not be calculated in the meritorious class ranking used to determine valedictorian/salutatorian. Please see your middle school counselor for more information. 48 DISTRICT 7 PROJECTS IN BOYNTON BEACH School Project Type Status Budget Forest Park ES Facility Renewal Planning $380K Poinciana ES Facility Renewal Completed $8.4M Rolling Green ES Facility Renewal Construction $2.8M Poinciana ES New Doors 49 Mr. Ferguson’s Goals for FY26 ●Expansion of Career & Technical Education (CTE) Courses ●Expansion of ESE Centers ●Continued optimization of students’ educational experiences ●Increase utilization of Native Language Support ●Lincoln Elementary Closure Ceremony 50 Questions? Contact Me: edwin.ferguson@palmbeachschools.org 561-434-7481 51 Get a Copy of this Slidedeck http://l.sdpbc.net/27blj 52 SOCIAL MEDIA Stay informed by checking the District’s website, palmbeachschools.org or by watching content on The Education Network /@pbcsd /@sdpbc 19 53 City of Boynton Beach Agenda Item Request Form 3.E Announcements, Community and Special Events And Presentations 11/ 4/2025 Meeting Date: 11/ 4/2025 City Announcements Requested Action: City/CRA Joint Workshop - Discussion and Consideration of Overall Visioning of CRA Area - November 8th - 9am-12pm Veterans Day Ceremony - Veterans Memorial Park, 411 N Federal Hwy - November 11th -11am - 12am Explanation of Request: City staff will present each of their events. Budgeted Item: Yes Account Line Item and Description: Each item has different account line items. Fiscal Impact: These are budgeted events. Attachments: Veterans Day (7 x 5 in) (Presentation).pdf 54 T O M K A I S E R V E T E R A N S M E M O R I A L P A R K 4 1 1 . N F E D E R A L H I G H W A Y V E T E R A N S D A Y C E R E M O N Y N O V E M B E R 1 1 | 1 1 :0 0 A M H O N O R I N G A L L W H O S E R V E D FREE EVENT C I T Y O F B O Y N T O N B E A C H P R E S E N T S 55 City of Boynton Beach Agenda Item Request Form 5.A Administrative 11/ 4/2025 Meeting Date: 11/ 4/2025 Discussion on date to have a Legislative Action workshop, prior to the January 13-14, 2026 PBC Days in Tallahassee. Requested Action: Requested by Commissioner Turkin. Explanation of Request: Commission will need to decide on a date to have a Legislative Action Workshop, prior to the January 13-14, 2026 PBC Days in Tallahassee. 56 City of Boynton Beach Agenda Item Request Form 5.B Administrative 11/ 4/2025 Meeting Date: 11/ 4/2025 Advisory Board Appointments Requested Action: City Commission to reappoint and appoint eligible members of the community to serve in vacant positions on City Advisory Boards. Explanation of Request: The City Clerk's Office has received applications from City residents who are seeking to become new board members. The attached list contains term openings and vacancies on the various advisory boards with the designated Commission members having responsibility for the appointment to fill each term opening and vacancy. How will this affect city programs or services? Appointments are necessary to keep City Advisory Boards full and operating as effectively as possible. Fiscal Impact: There is no fiscal impact to the budget for this item. Attachments: Advisory Board Appointments, Reappointments and Applicants for November 4, 2025.docx Ariella Tenenboim - Education and Youth Advisory Board.pdf 57 Advisory Board Vacancies November 4, 2025 Building Board of Adjustment and Appeals Regular Member 2 (2 year) terms Alternate Member 2 (1 year) terms III Turkin Regular Vacant IV Kelley Regular Vacant Mayor Shelton Alternate Vacant Applicants: None Education and Youth Advisory Board Regular Member 2 (2 year) terms Alternate/Student Member 2 (1 year) terms I Cruz Regular Vacant Vice Mayor Hay Student Vacant III Turkin Student Vacant IV Kelley Student Vacant Applicant: Ariella Tenenboim Student Appointment Historic Resources Preservation Board – Quasi-judicial Regular Member 2 (2 year) terms Alternate Member 2 (1 year) terms III Turkin Regular Vacant IV Kelley Alternate Vacant Mayor Shelton Alternate Vacant Applicants: None Library Advisory Board Regular Member 2 (2 year) terms Alternate Member 2 (1 year) terms III Turkin Regular Vacant Applicants: None Applications Received: 09/20/25 Taylor Millien E&YAB Does not live in the City- can apply for waiver, applicant notified via email 09/30/25. 09/08/25 Suzanne Ferguson CRAB No vacancies Applicant notified via email 9/8/25 08/07/25 Thiago Coracini CRAB No vacancies, not a registered voter, Applicant notified via email 08/08/25 06/11/25 Mark Karageorge CRAB No vacancies Applicant notified via email 6/16/25 04/06/25 Deborah Tarca CRAB No vacancies Applicant notified via email 4/18/25 58 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 * Do you reside within the Boynton Beach City Limits?* 10/21/2025 Ariella Tenenboim 5613442843 ariella.tenenboim@gmail.com 6/27/2008 9422 Aqua Vista Blvd. Boynton Beach Florida 33437 United States Student High school student Yes No Yes No 59 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 * 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 * Yes No Yes No Yes No Yes No Please indicate which advisory board you are seeking appointment. Education and Youth Advisory 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. , I am a passionate and dedicated student with an interest in politics and community improvement. I have previously served my community through volunteer work at my synagogue and school, and I now intend to assist the local governance to accomplish this same goal. Please list any professional memberships I am not currently a member of any professional bodies. Feel free to attach/upload an extra sheet or resume. Ari Tenenboim Resume.pdf 42.65KB 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. 60 Ariella Tenenboim 9422 Aqua Vista Blvd. Boynton Beach, FL 33437 ariella.tenenboim@gmail.com Education Boynton Beach Community High School (Class of 2026) Rank: 1/387 Weighted GPA: 5.07 | Unweighted GPA: 3.94 Advanced coursework in AICE, Honors, and Dual Enrollment courses Leadership & Extracurricular Activities President, Dungeons & Dragons Club (8/30/2023–Present) Organized and led weekly game sessions, developing strategic thinking and collaboration skills. Community Chair, National Junior Art Honor Society (NJAHS) (8/22/2024–5/25/2025) Planned community outreach initiatives and other events alongside other club leaders. Head of Art, Art and Design Club (8/22/2025-Present) Oversaw member activities and ensured portfolio creation was proceeding in a timely manner Marketing Officer and Head Graphic Designer, Boynton Aerospace Science Academy (BASA) (8/22/2024–5/25/2025) Designed and produced all marketing materials across multiple mediums, including digital and print. Led branding and promotional efforts to increase engagement and visibility for BASA initiatives. 61 Member, Tiger Circle (8/22/2024–Present) Gave feedback on decisions made by the school as a representative of the student body. Secretary, Newsletter (8/29/2022–Present) Assisted in graphic design and content creation for the weekly publication while proposing methods of improving the newsletter and assisting its editors. Secretary, Chess Club (8/30/2023–Present) Developed critical thinking and problem-solving skills through competitive play alongside advising the president and sponsor to ensure the organization is meeting the needs of its members. Historian, Drama Club (8/22/2025-Present) Managed club marketing and recordkeeping while growing communicative and leadership skills. Volunteer Experience Temple Music Department Volunteer (with Cantor Jake, 8/16/2022–Present) Assisted in organizing musical performances and supported event logistics. The Giving Tree – Holiday Wish List Drive (2022–Present) Assisted in organizing and distributing holiday gifts for families in need, ensuring that each child received personalized presents. Helped input wish lists into the database and assisted with website updates to streamline the donation and distribution process Gained firsthand experience in nonprofit event coordination and community outreach 62 Internship Experience Temple Beth El – Backstage Technician (3/2025-Present) Gained experience in managing multiple aspects of large-scale productions involving live performances onetwoten marketing – Marketing Intern (5/2025-Present) Assisted nonprofit marketing agency with creative campaigns including video editing, graphic design and content creation Skills Strong foundation in STEM coursework with honors and AICE-level science, history, communications and mathematics. Graphic design and marketing experience through BASA leadership. Analytical thinking and problem-solving through chess and D&D leadership. Effective team leadership and collaboration in club and community activities. 63 City of Boynton Beach Agenda Item Request Form 5.C Administrative 11/ 4/2025 Meeting Date: 11/ 4/2025 Community Support Funds. Requested Action: Approve Community Support Fund requests from Commissioner Turkin. How will this affect city programs or services? NA Budgeted Item: Yes Account Line Item and Description: Community Support Funds: 001-1110-511-83-03- Commissioner Turkin Fiscal Impact: This is a budgeted line item. Attachments: Growing Strong Ministries.docx 64 R15-055 R22-140 EXHIBIT “A” COMMUNITY SUPPORT FUNDS REQUEST FORM Part I - Summary of Request (to be completed by City Clerk) Date of Request: 11/04/2025 Requested by Mayor/Commissioner: Commissioner Turkin Amount Requested $400.00 Recipient/Payee: Growing Strong Ministries Project, program, or activity to be funded: Thanksgiving Giveaway Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $6,000.00. The balance of funds available for the requesting Member of the Commission is $6,000. Accordingly: X There are funds available as requested  There are insufficient funds available as requested Dated:____________ By:_____________________________ City Clerk Part III-Eligibility Evaluation X Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit X The recipient/payee provides services within the City X The public purpose is beneficial to the entire community served by such donation Dated:_____________ By:________________________________ Requesting Member of the City Commission 65 City of Boynton Beach Agenda Item Request Form 6.A Consent Agenda 11/ 4/2025 Meeting Date: 11/ 4/2025 Proposed Resolution No. R25-282- Ratify the City's application for the Speed and Aggressive Driving Grant through the Florida Department of Transportation (FDOT), for the 2025/2026 funding cycle, and authorize the Mayor to accept the Grant and execute all future documents associated with the grant, subject to approval by the City Attorney. Requested Action: Staff recommends approval of Proposed Resolution No. R25-282. Explanation of Request: The Florida Department of Transportation (FDOT) State Safety Office has selected the Boynton Beach Police Department’s (BBPD) concept paper for subgrant funding consideration in the FY 2025–2026 funding cycle under the Speed and Aggressive Driving priority area. The anticipated funding, in the amount of $50,000, is allocated to support traffic enforcement overtime focused on high-crash and high-risk areas within the city. If formally awarded, this funding will enable the BBPD to conduct targeted enforcement operations aimed at reducing speed-related and aggressive driving behaviors, particularly in locations with a high incidence of traffic fatalities and serious injuries. The BBPD has been a recurring recipient of FDOT funding under this initiative in prior years: FY 2024–2025: $30,000 FY 2023–2024: $42,000 FY 2022–2023: $40,000 FY 2021–2022: $50,000 FY 2020–2021: $30,000 This continued partnership with FDOT supports the City’s ongoing efforts to enhance roadway safety and reduce traffic-related fatalities through proactive, data-driven enforcement. 66 How will this affect city programs or services? This funding will support enhanced enforcement and education efforts aimed at reducing traffic crashes, fatalities, and injuries associated with speeding and aggressive driving. BBPD will analyze crash data to identify high-frequency crash locations and strategically conduct targeted enforcement operations in those areas. In addition to enforcement, BBPD will implement educational initiatives to increase public awareness around traffic safety, with a focus on the dangers of speeding and aggressive driving. Crash data will guide the development of outreach strategies, and special emphasis will be placed on engaging the community in targeted areas through the distribution of traffic safety information, resources, and guidance. Account Line Item and Description: Grant accounts Fiscal Impact: No fiscal impact, grant funded. Attachments: R25-282 Agenda_Item_3816-2025_Resolution_for_Speed_and_Aggressive_Driving_Grant (1).docx Speed abd Aggressive Driving Concept Paper.pdf Speed - Aggressive LetterOfSelection-2025 (4).pdf Draft FDOTSubgrantAgreement-2026.pdf 67 RESOLUTION NO. R25-282 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, RATIFYING THE CITY'S APPLICATION FOR THE 2 SPEED AND AGGRESSIVE DRIVING GRANT PROVIDED BY THE 3 FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE 2025-2026 4 FUNDING CYCLE, AND AUTHORIZE THE MAYOR TO ACCEPT THE 5 GRANT AND EXECUTE ALL FUTURE DOCUMENTS ASSOCIATED WITH 6 THE GRANT, SUBJECT TO APPROVAL BY THE CITY ATTORNEY; AND 7 FOR ALL OTHER PURPOSES. 8 9 WHEREAS, the Florida Department of Transportation (“FDOT”) State Safety Office has 10 selected the Boynton Beach Police Department’s concept paper for subgrant funding 11 consideration in the FY 2025–2026 funding cycle under the Speed and Aggressive Driving priority 12 area. The anticipated funding, in the amount of $50,000, is allocated to support traffic enforcement 13 overtime focused on high-crash and high-risk areas within the city; and 14 WHEREAS, if formally awarded, this funding will enable the Police Department to conduct 15 targeted enforcement operations to reduce speed-related and aggressive driving behaviors, 16 particularly in locations with high traffic fatalities and serious injuries; and 17 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 18 best interests of the City's citizens and residents to ratify the City's application for the Speed and 19 Aggressive Driving Grant provided by FDOT for the 2025-2026 funding cycle, and authorize the 20 Mayor to accept the Grant, if awarded, and execute all future documents associated with the grant, 21 subject to approval by the City Attorney. 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 ratify the City's application for the Speed and Aggressive Driving Grant provided by FDOT for the 29 2025-2026 funding cycle, and if formally awarded, authorizes the City to accept the Grant. 30 SECTION 3. The City Commission of the City of Boynton Beach, Florida, does hereby 31 authorize the Mayor to execute the Grant Agreement and any other documents associated with 32 68 RESOLUTION NO. R25-282 applying for and accepting the Grant that do not otherwise increase the financial obligations of 33 the City, subject to the approval of the City Attorney’s Office. 34 SECTION 4. This Resolution shall take effect in accordance with the law. 35 36 [SIGNATURES ON THE FOLLOWING PAGE] 37 38 69 RESOLUTION NO. R25-282 PASSED AND ADOPTED this ______________ day of ______________________________ 2025. 39 CITY OF BOYNTON BEACH, FLORIDA 40 YES NO 41 Mayor – Rebecca Shelton _____ _____ 42 43 Vice Mayor – Woodrow L. Hay _____ _____ 44 45 Commissioner – Angela Cruz _____ _____ 46 47 Commissioner – Thomas Turkin _____ _____ 48 49 Commissioner – Aimee Kelley _____ _____ 50 51 VOTE ______ 52 ATTEST: 53 54 _____________________________ ______________________________ 55 Maylee De Jesús, MPA, MMC Rebecca Shelton 56 City Clerk Mayor 57 58 APPROVED AS TO FORM: 59 (Corporate Seal) 60 61 _______________________________ 62 Shawna G. Lamb 63 City Attorney 64 70 71 72 73 74 75 76 September 20, 2025 Joseph DeGiulio City of Boynton Beach 2100 High Ridge Road Boynton Beach , Florida 33426 RE: FY2026 Highway Traffic Safety Concept Paper Selection - CPG-2026-BoyntonBea-00417 Dear Joseph DeGiulio: The Florida Department of Transportation (FDOT) State Safety Office is pleased to inform you that the following concept paper has been selected to receive subgrant funding in FY2026 for your traffic safety initiative. PLEASE NOTE: THIS IS NOT A NOTICE TO PROCEED WITH ANY ACTIVITIES OR PURCHASES ASSOCIATED WITH THE SELECTED CONCEPT PAPER. A separate subgrant agreement must be signed and executed by both your agency and the FDOT State Safety Office before any activity or purchases are authorized for reimbursement. Step-by-step instructions for subgrant development are provided later in this letter. Funding amounts allocated in FY2026 are based upon funding levels awarded to the State of Florida for the federal fiscal year by the National Highway Traffic Safety Administration (NHTSA) and may not be the same as the amount requested in your concept paper and does not mean that everything listed in the concept paper, including any equipment requests, were approved and/or funded. For FY2026 your agency applied for funding with the following Concept Paper Information: Concept Paper Number CPG-2026-BoyntonBea-00417 Implementing Agency Boynton Beach Police Department Project Title: Boynton Beach Speed and Aggressive Driving Initiative Amount Requested $50,000 Florida Department of Transportation RON DESANTIS GOVERNOR 605 Suwannee Street Tallahassee, FL 32399-0450 JARED W. PERDUE, P.E. SECRETARY www.dot.state.fl.us Page 1 of 2 77 After a comprehensive review, CPG-2026-BoyntonBea-00417 was funded for FY2026 with the following project number, title, and funding levels below: FY2026 Project Number SC-2026-00417 Implementing Agency Boynton Beach Police Department Project Title: Boynton Beach Speed and Aggressive Driving Initiative Amount to be Awarded $50,000 Subgrant agreement forms are now accessible in the FDOT Traffic Safety Subgrant Management System and include guidance and program manager notes regarding anything that was unallowable or restricted. The following video link provides step-by-step instructions for accessing the forms and completing subgrant development and execution within the Subgrant Management System: “Congratulations, your concept has been selected! Here are the next steps required for subgrant development!” We look forward to working with you on this project. If you have any questions after reviewing the provided video instructions, please feel free to reach out the FDOT State Safety Office at 850-414-4017 and ask to speak with a Subgrant Program Manager. Additional information can also be found on our website at: https://www.fdot.gov/Safety/grants/grants-home.shtm. Sincerely, Chris Craig, CPM, FCCM Traffic Safety Administrator Florida Department of Transportation www.dot.state.fl.us Page 2 of 2 78 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) SUBGRANT FOR HIGHWAY TRAFFIC SAFETY FUNDS For FDOT Use Only Project Number: SC-2026-00417 FDOT Contract Number: Federal Funds Awarded: $50,000 FDOT UEI Number: RFKGNHR7ZH37 Subgrant Award (Start) Date: Subgrant End Date: 09/30/2026 Part I: GENERAL ADMINISTRATIVE INFORMATION 1.Project Title: Boynton Beach Speed and Aggressive Driving Initiative 2.Federal Funding: $50,000 Match:$0 Total Cost:$50,000 3.Subrecipient Agency:4.Implementing Agency: Agency Name:City of Boynton Beach Agency Name:Boynton Beach Police Department Address:100 East Ocean Avenue Address:2100 High Ridge Road City:Boynton Beach City:Boynton Beach State:Florida State:Florida Zip:33435 Zip:33426 5.Federal ID Number or 29 Digit FLAIR Account Number (State Agencies): 596000282 6.Federal Unique Entity Identifier (UEI) Number: FYYMUAVJDKC6 7.Chief Financial Officer:8.Project Director: (Can not receive any benefit under this subgrant) Name:Alan Lawson Name:Jaclyn Smith Address:100 East Ocean Avenue Address:2100 High Ridge City:Boynton Beach City:Boynton Beach State:Florida State:Florida Zip:33435 Zip:33426 Telephone:(561) 742-6312 Telephone:(561) 742-6195 E-mail:lawsona@bbfl.us E-mail:smithja@bbfl.us 9.Financial Reimbursement Contact:10.Project Activity Contact: Name:Jaclyn Smith Name:Jaclyn Smith Title:PD Grant Manager Title:PD Grant Manager Telephone:(561) 742-6195 Telephone:(561) 742-6195 E-Mail:smithja@bbfl.us E-Mail:smithja@bbfl.us 11.Payment Remittance Address: Name:City of Boynton Beach Address:PO Box 310 City:Boynton Beach State:Florida Zip:33425 SUB-2026-BoyntonBea-00417 Page 1 of 30 Amendment Number: Original 500-065-01 SAFETY 09/25 Project Title: Boynton Beach Speed and Aggressive Driving Initiative Project Number: SC-2026-00417 FDOT Contract Number: 79 Part II: PROJECT PLAN AND SUPPORTING DATA State clearly and in detail the aims of the Project, precisely what will be done, who will be involved, and what is expected to result. Use the following major headings: 1.Statement of the Problem 2.Proposed Solution 3.Project Objectives 4.Evaluation 1.Statement of the Problem: The City of Boynton Beach, located along the Atlantic Coast in southern Palm Beach County, has a population of approximately 80,000 year-round residents. This number significantly increases during the winter months due to part-time residents and tourists. Spanning about 16 square miles, Boynton Beach lies between West Palm Beach, 10 miles to the north, and Miami, approximately 50 miles to the south. The city is served by nine major roadways, including Boynton Beach Boulevard (State Road 804), which connects to both Interstate 95 and Florida's Turnpike. According to the Florida Department of Transportation’s (FDOT) Fiscal Year 2026 Highway Safety Matrix (HSM), Boynton Beach ranks 31st out of 38 cities with populations of 75,000 or more for serious injuries and fatalities related to speeding and aggressive driving. These rankings, based on actual serious injuries and fatalities from 2019 to 2023, highlight a pressing issue. Despite ongoing enforcement efforts, it is evident that additional education and stricter enforcement of speed and aggressive driving laws are essential to reducing the number of serious injuries and fatalities on the city’s roadways. 2.Proposed Solution: The Boynton Beach Police Department believes that the success of any traffic safety program is not solely hinged on any one component of enforcement, education, or engineering. This program aims to reduce traffic crashes, fatalities, and serious injuries that are speed and/or aggressive driving-related by the implementation of the following components using countermeasures taken from the National Highway Traffic Safety Administration’s (NHTSA) “Countermeasures That Work” (11th edition). High-Visibility Enforcement (HVE): This enforcement is used to deter speeding and aggressive driving through specific and general deterrence. In the HVE model, law enforcement targets certain high-crash or high-violation geographical areas using either expanded regular patrols or designated aggressive driving patrols. The objective is to convince the public that speeding and aggressive driving actions are likely to be detected and that action will be taken against the offenders. Communications and Outreach Supporting Enforcement: Effective, high-visibility communications and outreach are essential parts of successful speed and aggressive-driving enforcement programs. Communications and outreach programs urging drivers to behave courteously or not to speed are unlikely to have any effect unless they are tied to vigorous enforcement. The Boynton Beach Police Department will review crash data weekly to determine high-frequency crashes, serious injuries, and fatality locations throughout our jurisdiction. We will develop schedules for traffic personnel to conduct high-visibility overtime enforcement operations at the determined locations. The Project Director will be responsible for ensuring that the data is reviewed each week to review for any possible changes in the list. Our agency will commit to locating 10 total target areas for this program. In addition, the Project Director will be responsible for distributing this top 10 list to all traffic personnel so that they can concentrate on these specific areas, which will increase law enforcement presence. The Boynton Beach Police Department will also conduct education initiatives in local high schools, senior centers, businesses, civic organizations, and public forums to raise awareness of speed-related issues. The Boynton Beach Police Department will determine through a review of our traffic crash data which population groups are involved in a majority of the traffic crashes that occur within our jurisdiction. A special emphasis will be made to raise traffic safety awareness with this population group by targeting an area to solicit traffic safety and guidance. To facilitate the delivery of this traffic message, the Boynton Beach Police Department will partner with local resources such as the Community Traffic Safety Team, Law Enforcement Liaison Program, neighboring law SUB-2026-BoyntonBea-00417 Page 2 of 30 Amendment Number: Original 500-065-01 SAFETY 09/25 Project Title: Boynton Beach Speed and Aggressive Driving Initiative Project Number: SC-2026-00417 FDOT Contract Number: 80 enforcement agencies, and local media outlets. The Boynton Beach Police Department will also participate in any statewide public awareness and enforcement campaigns sponsored by the Florida Department of Transportation Safety Office. The Boynton Beach Police Department will be responsible for the allocation of personnel to achieve the greatest impact on speeding and aggressive driving. The department will coordinate these enforcement and educational campaigns and ensure that daytime/nighttime enforcement is alternated from week to week. This strategy will prevent motorists from predicting times and locations of enforcement activities, thus discouraging them from adjusting their driving behaviors to only those periods with known enforcement. Additionally, the Boynton Beach Police Department will ensure that funds from this program are used prudently and conservatively, maximizing the resources available to extend throughout the entire subgrant cycle. 3.Project Objectives: a.Start enforcement activities within 60 days of subgrant award, unless otherwise approved by the FDOT State Safety Office. b.Strive to decrease speed and/or aggressive driving crashes and fatalities citywide by 2% when compared to the 10/01 to 06/30 time period from the previous year. c.Conduct at least 10 speed and/or aggressive driving high visibility overtime enforcement operations during the project period. d.Participate in the Southern Slow Down campaign through speed and/or aggressive driving overtime enforcement operations and educational/community activities. e.Conduct a minimum 3 educational/community outreach events to increase speed and/or aggressive driving awareness during the project period and provide details. f.Provide speed and/or aggressive driving information and education to the public through the use of multimedia outlets (i.e., message boards, local media outlets, social media, press releases, and/or printed materials) at least 3 times during the project period. 4.Evaluation: a.Enforcement activity start date. b.Speed and/or aggressive driving crashes and fatalities are reduced by 2% citywide when compared to the 10/01 to 06/30 time period from the previous year. c.The number of speed and/or aggressive driving high visibility overtime enforcement operations conducted during the project period. d.The number of speed and/or aggressive driving overtime enforcement operations conducted, and education/community activities conducted/participated in during the Southern Slow Down campaign. e.Detail all educational/community outreach events conducted or participated in to increase speed and/or aggressive driving awareness during the project period. f.The number of instances that speed and/or aggressive driving information and education is provided to the public through the use of multimedia outlets during the project period. SUB-2026-BoyntonBea-00417 Page 3 of 30 Amendment Number: Original 500-065-01 SAFETY 09/25 Project Title: Boynton Beach Speed and Aggressive Driving Initiative Project Number: SC-2026-00417 FDOT Contract Number: 81 Part III: PROJECT DETAIL BUDGET Project Title:Boynton Beach Speed and Aggressive Driving Initiative Project Number:SC-2026-00417 FDOT Contract Number: Each budget category subtotal and individual line item costs listed below cannot be exceeded. The FDOT State Safety Office may approve shifts between budget categories and line items via an amendment. BUDGET CATEGORY NARRATIVE FEDERAL FUNDS MATCH TOTAL COST INDIRECT ELIGIBLE A. Personnel Services Overtime Salary Only Overtime Salary for law enforcement officers.$50,000 $0 $50,000 No Subtotal:$50,000 $0 $50,000 B. Contractual Services Subtotal:$0 $0 $0 C. Expenses Subtotal:$0 $0 $0 D. Equipment Costing $10,000 or More Subtotal:$0 $0 $0 E. Indirect Cost %$0 $0 Subtotal:$0 $0 Total Cost of Project:$50,000 $0 $50,000 SUB-2026-BoyntonBea-00417 Page 4 of 30 Amendment Number: Original 500-065-01 SAFETY 09/25 Project Title: Boynton Beach Speed and Aggressive Driving Initiative Project Number: SC-2026-00417 FDOT Contract Number: 82 Part IV: PERFORMANCE REPORT Project Title:Boynton Beach Speed and Aggressive Driving Initiative Project Number:SC-2026-00417 FDOT Contract Number: Minimum Performance Standards The following are the minimum performance standards required in this subgrant agreement. The status of these standards will be reported using FDOT form number 500-065-19 Performance Report and shall be included with each request for reimbursement. 1.Submit request(s) for financial reimbursement. 2.Provide performance report(s). 3.Collect and analyze crash data to determine focus areas for targeted speed and aggressive driving enforcement. 4.Conduct speed and aggressive driving high visibility enforcement operations. 5.Conduct outreach/educational activities for speed and aggressive driving. National Highway Traffic Safety Administration (NHTSA) Required Activity Reporting The following statistics are required reporting for any traffic safety enforcement grant. (enforcement grants only) 1. Number of seat belt citations issued during subgrant-funded enforcement activities. 2. Number of impaired driving arrests made during subgrant-funded enforcement activities. 3. Number of speeding citations issued during subgrant-funded enforcement activities. SUB-2026-BoyntonBea-00417 Page 5 of 30 Amendment Number: Original 500-065-01 SAFETY 09/25 Project Title: Boynton Beach Speed and Aggressive Driving Initiative Project Number: SC-2026-00417 FDOT Contract Number: 83 Part V: Acceptance and Agreement Conditions of Subgrant Agreement. Upon execution of this Subgrant Agreement (“Agreement”) for highway safety funds, the following terms and conditions shall become binding. The term “Subrecipient” referred to herein, will reference both the Subrecipient Agency and its Implementing Agency. This Agreement is line item specific and an amendment to the Agreement is required for any reallocation of funds provided herein. FEDERAL REGULATIONS 1.Access to Public Records and Monitoring. The Florida Department of Transportation (FDOT or “Department”), National Highway Traffic Safety Administration (NHTSA), Federal Highway Administration (FHWA), Chief Financial Officer (CFO), and Auditor General (AG) of the State of Florida, or any of their duly authorized representatives, shall have access for the purpose of audit and examination of books, documents, papers, and records of the Subrecipient and to relevant books and records of the Subrecipient which are not protected from disclosure by State or Federal law, and its consultants and contractors under this Agreement, as provided under applicable State or Federal law. In addition to review of audits conducted in accordance with 2 CFR Part 200, herein incorporated by reference, monitoring procedures will include on-site visits by Department staff, limited scope audits as defined by 2 CFR Part 200, and status checks of subgrant activity via telephone calls from FDOT State Safety Office staff to Subrecipients. By entering into this Agreement, Subrecipients agree to comply and cooperate with monitoring procedures. In the event that a limited scope audit of the Subrecipient is performed, the Subrecipient agrees to bring the Project into compliance with this Agreement. The Subrecipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the CFO or AG to the extent allowed by State or Federal law. 2.Audit. The administration of resources awarded through the Department to the Subrecipient by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of Federal awards or limit the authority of any State agency inspector general, the State of Florida Auditor General or any other State official. With the exception of documents protected by State law, the Subrecipient shall comply with all audit and audit reporting requirements as specified below. (a)In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F – Audit Requirements, monitoring procedures may include but not be limited to on-site visits by Department staff and/or other procedures including reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to Federal awards provided through the Department by this Agreement. By entering into this Agreement, the Subrecipient agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Subrecipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, State of Florida Chief Financial Officer (CFO) or State of Florida Auditor General. (b)The Subrecipient, a non-Federal entity as defined by 2 CFR Part 200, Subpart F – Audit Requirements, as a subrecipient of a Federal award awarded by the Department through this Agreement is subject to the following requirements: i.In the event the Subrecipient expends a total amount of Federal awards equal to or in excess of the threshold established by 2 CFR Part 200, Subpart F – Audit Requirements, the Subrecipient must have a Federal single or program-specific audit for such fiscal year conducted in accordance with the provisions of 2 CFR Part 200, Subpart F – Audit Requirements. Part VI to this Agreement provides the required Federal award identification information needed by the Subrecipient to further comply with the requirements of 2 CFR Part 200, Subpart F – Audit Requirements. In determining Federal awards expended in a fiscal year, the Subrecipient must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including the Federal award provided through the Department by this Agreement. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by 2 CFR Part 200, Subpart F – Audit Requirements. An audit conducted by the State of Florida Auditor General in accordance with the provisions of 2 CFR Part 200, Subpart F – Audit Requirements, will meet the requirements of this part. ii.In connection with the audit requirements, the Subrecipient shall fulfill the requirements relative to the auditee responsibilities as provided in 2 CFR Part 200, Subpart F – Audit Requirements. SUB-2026-BoyntonBea-00417 Page 6 of 30 Amendment Number: Original 500-065-01 SAFETY 09/25 Project Title: Boynton Beach Speed and Aggressive Driving Initiative Project Number: SC-2026-00417 FDOT Contract Number: 84 iii.In the event the Subrecipient expends less than the threshold established by 2 CFR Part 200, Subpart F – Audit Requirements, in Federal awards, the Subrecipient is exempt from Federal audit requirements for that fiscal year. However, the Subrecipient must provide a single audit exemption statement to the Department at FDOTSingleAudit@dot.state.fl.us no later than nine months after the end of the Subrecipient’s audit period for each applicable audit year. In the event the Subrecipient expends less than the threshold established by 2 CFR Part 200, Subpart F – Audit Requirements, in Federal awards in a fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F – Audit Requirements, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from the Subrecipient’s resources obtained from other than Federal entities). iv.Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F – Audit Requirements, and required by this section, shall be submitted, when required by 2 CFR §200.512, by or on behalf of the Subrecipient directly to the Federal Audit Clearinghouse (FAC) as provided in 2 CFR §200.332 and §200.512. The FAC’s website provides a data entry system and required forms for submitting the single audit reporting package. Updates to the location of the FAC and data entry system may be found at the Office of Management and Budget (OMB) website. The FAC is the repository of record for audits required by 2 CFR Part 200, Subpart F – Audit Requirements, and this Agreement. However, the Department requires a copy of the audit reporting package also be submitted to FDOTSingleAudit@dot.state.fl.us within the earlier of 30 calendar days after receipt of the auditor’s report(s) or nine months after the end of the audit period as required by 2 CFR Part 200, Subpart F – Audit Requirements. v.Within six months of acceptance of the audit report by the FAC, the Department will review the Subrecipient’s audit reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the Federal award provided through the Department by this Agreement. If the Subrecipient fails to have an audit conducted in accordance with 2 CFR Part 200, Subpart F – Audit Requirements, the Department may impose additional conditions to remedy noncompliance. If the Department determines that noncompliance cannot be remedied by imposing additional conditions, the Department may take appropriate actions to enforce compliance, which actions may include but not be limited to the following: 1.Temporarily withhold cash payments pending correction of the deficiency by the Subrecipient or more severe enforcement action by the Department; 2.Disallow (deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance; 3.Wholly or partly suspend or terminate the Federal award; 4.Initiate suspension or debarment proceedings as authorized under 2 CFR Part 180 and Federal awarding agency regulations (or in the case of the Department, recommend such a proceeding be initiated by the Federal awarding agency); 5.Withhold further Federal awards for the Project or program; and/or 6.Take other remedies that may be legally available. vi.As a condition of receiving this Federal award, the Subrecipient shall permit the Department, or its designee, the CFO or State of Florida Auditor General access to the Subrecipient’s records including financial statements, the independent auditor’s working papers and Project records as necessary. Records related to unresolved audit findings, appeals or litigation shall be retained until the action is complete or the dispute is resolved. vii.Copies of financial reporting packages required by this section shall be submitted by or on behalf of the Subrecipient directly to each of the following: Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0450 FDOTSingleAudit@dot.state.fl.us The Auditor General’s Office at the following address: SUB-2026-BoyntonBea-00417 Page 7 of 30 Amendment Number: Original 500-065-01 SAFETY 09/25 Project Title: Boynton Beach Speed and Aggressive Driving Initiative Project Number: SC-2026-00417 FDOT Contract Number: 85 Auditor General Local Government Audits/342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, Florida 32399-1450 The Auditor General’s website (https://flauditor.gov/) provides instructions for filing an electronic copy of a financial reporting package. viii.Any reports or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with 2 CFR §200.512, Section 215.97, F. S., and Chapters 10.550 (local government entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. ix.The Subrecipient, when submitting financial reporting packages to the Department for audits done in accordance with 2 CFR Part 200, Subpart F – Audit Requirements, or Chapters 10.550 (local government entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Subrecipient in correspondence accompanying the reporting package. (c)The Subrecipient shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of five years from the date the audit report is issued and shall allow the Department, or its designee, the CFO or State of Florida Auditor General access to such records upon request. The Subrecipient shall ensure that the audit working papers are made available to the Department, or its designee, the CFO, or State of Florida Auditor General upon request for a period of five years from the date the audit report is issued unless extended in writing by the Department. The Subrecipient shall further permit access to all Project records by the Secretary and Inspector General of the United States Department of Transportation (USDOT) and the Comptroller General of the United States, or their designees. (d)The Subrecipient shall permit, and shall require its contractors to permit, the Department's, FHWA’s and/or NHTSA’s authorized representatives to access the Project site; inspect all work, materials, payrolls, and records; and to audit the books, records and accounts pertaining to the financing and development of the Project. 3.Offsets. If, after Agreement completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset the amount claimed from payments due for work or services under any other agreement it has with the Subrecipient if, upon demand, payment of the claimed amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. 4.Buy America Act. The Subrecipient agrees to comply and require consultants and contractors to comply with USDOT, FHWA, and/or NHTSA Buy America requirements, including all applicable standards, orders, regulations, and waivers. For NHTSA funded Projects, Subrecipient agrees to comply with NHTSA Guidance Buy American Act Procedure for Highway Safety Grant Programs (revised 11-20-2015) as amended, herein incorporated by reference. The Subrecipient shall include the following Buy America provisions in all subcontract awards: The Buy America Act prohibits the use of Federal highway safety grant funds to purchase any manufactured product or software/information technology systems whose unit purchase price is $5,000 or more, including motor vehicles, that is not produced in the United States. FHWA and/or NHTSA may waive those requirements if (1) their application would be inconsistent with the public interest; (2) such materials and products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (3) the inclusion of domestic material will increase the cost of the overall Project contract by more than 25 percent. Each manufactured end product must comply with the provisions of the Buy America Act. Additionally, any manufactured add-on to an end product is, itself, an end product that must comply with the Act. To be reimbursed with Federal highway safety grant funds for a purchase, a State must comply with the requirements of the Buy America Act. Non-compliance will result in denial of reimbursement. 5.Clean Air Act and Federal Water Pollution Control Act. Subgrant agreements for amounts in excess of $150,000 must comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) as amended, and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387) as amended. Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). The Subrecipient shall include this provision in all subcontract awards in excess of $150,000. SUB-2026-BoyntonBea-00417 Page 8 of 30 Amendment Number: Original 500-065-01 SAFETY 09/25 Project Title: Boynton Beach Speed and Aggressive Driving Initiative Project Number: SC-2026-00417 FDOT Contract Number: 86 6.Code of Conduct. The Subrecipient has established, will maintain, and enforce a written code or standard of conduct applicable to its officers, employees, board members or agents, and those individuals’ relatives, that prohibits their involvement in the selection, award, or administration of any contract in connection with the Project if they have a present or potential financial or other significant interest therein and prohibits the acceptance of any gratuity, favor, or other thing of monetary value from any person interested or involved in the performance of work on the Project. (a)The Subrecipient agrees to the following disclosures: i.The Subrecipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to FHWA and/or NHTSA. The disclosure shall include a description of the action which the Subrecipient has taken or proposes to take to avoid or mitigate such conflict. ii.FHWA and/or NHTSA will review the disclosure and may require additional relevant information from the Subrecipient. If a conflict of interest is found to exist, FHWA and/or NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of FHWA and/or NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict. iii.Conflicts of interests that require disclosure must include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by FHWA and/or NHTSA or with an organization whose interests may be substantially affected by FHWA and/or NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any subrecipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of the award. Key personnel shall include any person owning more than 20 percent interest in a Subrecipient, and the officers, employees or agents of a Subrecipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization. 7.Conferences and Inspection of Work. Conferences may be held at the request of any party to this Agreement. Representatives of the Department or the USDOT, or both, shall be privileged to visit the site for the purpose of inspection and assessment of work being performed at any time. 8.Contract Work Hours and Safety Standards Act. Where applicable, all subcontracts under this Agreement in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 9.Debarment and Suspension. No subcontract issued under this Agreement, will be made to parties listed on the governmentwide Excluded Parties List System in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 and 1200 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p. 235), “Debarment and Suspension.” The Excluded Parties List System in SAM 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. 10.Disadvantaged Business Enterprises (DBE). (a)The Subrecipient agrees to the following assurance: The Subrecipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT-assisted contract or in the administration of its DBE program required by 49 CFR, Part 26, herein incorporated by reference. The Subrecipient shall take all necessary and reasonable steps under 49 CFR, Part 26 to ensure nondiscrimination in the award and administration of USDOT- assisted contracts. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Subrecipient of its failure to carry out its approved program, the USDOT may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.), herein incorporated by reference. SUB-2026-BoyntonBea-00417 Page 9 of 30 Amendment Number: Original 500-065-01 SAFETY 09/25 Project Title: Boynton Beach Speed and Aggressive Driving Initiative Project Number: SC-2026-00417 FDOT Contract Number: 87 (b)The Subrecipient agrees to include the following assurance in each contract with a consultant or contractor and to require the consultant or contractor to include this assurance in all subcontract agreements: The consultant or contractor and subconsultant or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The consultant or contractor shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of USDOT-assisted contracts. Failure by the consultant or contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the Subrecipient or the Department deems appropriate. 11.Methods of Procurement. Subrecipients must follow the procurement standards in 2 CFR 200 sections 200.318 through 200.327. 12.Contracting with Small and Minority Businesses, Women's Business Enterprises, and Labor Surplus Area Firms. (a)The Subrecipient must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. (b)Affirmative steps must include: (1)Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2)Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3)Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4)Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5)Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and (6)Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (b)(1) through (5) of this section. 13.Domestic Preference for Procurements. As appropriate and to the extent consistent with law, the Subrecipient should, to the greatest extent practicable under this subgrant, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts including all purchase orders for work or products under this subgrant. For purposes of this section: (1)“Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2)“Manufactured products” means items and construction materials composed in whole or in part of non- ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 14.Equal Employment Opportunity. No person shall, on the grounds of race, color, religion, sex, handicap, or national origin, be excluded from participation in, be refused the benefits of, or be otherwise subjected to discrimination under this Agreement, or any Project, program, or activity that receives or benefits from this Agreement. The Subrecipient agrees to comply with 41 CFR, Part 60, herein incorporated by reference. The Equal Opportunity Clause contained in 41 CFR section 60-1.4 is included in this Agreement by reference. SUB-2026-BoyntonBea-00417 Page 10 of 30 Amendment Number: Original 500-065-01 SAFETY 09/25 Project Title: Boynton Beach Speed and Aggressive Driving Initiative Project Number: SC-2026-00417 FDOT Contract Number: 88 In connection with the carrying out of the Project, the Subrecipient shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin and will comply with all Federal statutes and implementing regulations relating to nondiscrimination. The Subrecipient will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Subrecipient shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the Project, except contracts for standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the Project involves installation, construction, demolition, removal, site improvement, or similar work, the Subrecipient shall post, in conspicuous places available to employees and applicants for employment for Project work, notices. 15.No Federal Obligation. This Agreement is financed by federal funds. However, payments to the Subrecipient will be made by the Department. The United States is not a party to this Agreement and no reference in this Agreement, to the United States, USDOT, FHWA and/or NHTSA, or any representatives of the federal government makes the United States a party to this Agreement. 16.Nondiscrimination. Subrecipients will comply with all Federal statutes and implementing regulations relating to nondiscrimination (‘‘Federal Nondiscrimination Authorities’’). These include but are not limited to: (a)Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin), 49 CFR part 21, and 28 CFR 50.3; (b)The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); (c)Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681–1683 and 1685–1686) (prohibit discrimination on the basis of sex); (d)Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; (e)The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age); (f)The Civil Rights Restoration Act of 1987, (Pub. L. 100–259), (broadens scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms ‘‘programs or activities’’ to include all of the programs or activities of the Federal aid recipients, Subrecipients and contractors, whether such programs or activities are Federally-funded or not); (g)Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131–12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38; and (h)Nondiscrimination Clause. During the performance of this subgrant, the Subrecipient agrees: (1)To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time; (2)Not to participate directly or indirectly in the discrimination prohibited by any Federal non-discrimination law or regulation, as set forth in Appendix B of 49 CFR Part 21 and herein; (3)To permit access to its books, records, accounts, other sources of information, and its facilities as required by the FDOT State Safety Office, USDOT, FHWA and/or NHTSA; (4)That, in the event the Subrecipient fails to comply with any nondiscrimination provisions in this subgrant, the FDOT State Safety Office will have the right to impose such subgrant sanctions as it or FHWA and/or NHTSA determine are appropriate, including but not limited to withholding payments to the Subrecipient under the contract/agreement until the Subrecipient complies; and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part; and (5)To insert this clause, including paragraphs (a) through (e), in every subcontract and sub-agreement and in every solicitation for a subcontract or sub-agreement, which receives Federal funds under this program. SUB-2026-BoyntonBea-00417 Page 11 of 30 Amendment Number: Original 500-065-01 SAFETY 09/25 Project Title: Boynton Beach Speed and Aggressive Driving Initiative Project Number: SC-2026-00417 FDOT Contract Number: 89 17.Ownership of Data and Creative Material. The ownership of material, discoveries, inventions and results developed, produced, or discovered by this Agreement are governed by the terms of 2 CFR, Section 200.315, Intangible Property, herein incorporated by reference. The Subrecipient may copyright any work that is subject to copyright and was developed, or for which ownership was acquired, under this subgrant. The Federal and State awarding agency reserves a royalty-free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work for Federal and State purposes, and to authorize others to do so. The Federal Government has the right to: (1)Obtain, reproduce, publish, or otherwise use the data produced under a Federal award; and (2)Authorize others to receive, reproduce, publish, or otherwise use such data for Federal and State purposes. 18.Political Activity. The Subrecipient will comply with provisions of the Hatch Act (5 U.S.C. 1501–1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 19.Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment. Subrecipients are prohibited from obligating or expending loan or subgrant funds to: (1)Procure or obtain; (2)Extend or renew a contract to procure or obtain; or (3)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. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). 20.Property Accountability. The Subrecipient shall establish and administer a system to control, protect, preserve, use, and maintain and dispose of any property furnished by the Department, or purchased pursuant to this Agreement in accordance with Federal Property Management Standards as set forth in 49 CFR, Section 18.32, 49 CFR 19, Section 19.34, or 2 CFR, 200.310-200.316, herein incorporated by reference. This obligation continues as long as the property is retained by the Subrecipient notwithstanding the ending of this Agreement. 21.Restrictions on Lobbying. The Subrecipient agrees to comply and require consultants and contractors to comply with 49 CFR, Part 20, New Restrictions on Lobbying, herein incorporated by reference, for filing of certification and disclosure forms. (a)Certification Regarding Federal Lobbying. The Subrecipient certifies, to the best of his or her knowledge and belief, that: i.No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of 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 any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; ii.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, ‘‘Disclosure Form to Report Lobbying,’’ in accordance with its instructions; iii.The Subrecipient shall require that the language of this certification be included in the award documents for all sub-award at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly; and iv.This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 31 U.S.C 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. SUB-2026-BoyntonBea-00417 Page 12 of 30 Amendment Number: Original 500-065-01 SAFETY 09/25 Project Title: Boynton Beach Speed and Aggressive Driving Initiative Project Number: SC-2026-00417 FDOT Contract Number: 90 (b)Restriction on State Lobbying. None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., ‘‘grassroots’’) lobbying activities, with one exception. This does not preclude a State official whose salary is supported with FHWA and/or NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. 22.Termination and Suspension. (a)Generally. If: (i) the Subrecipient abandons or, before the end of the state fiscal year for which financial assistance for the Project is provided under this Agreement, finally discontinues the Project; (ii) the Subrecipient fails to comply with applicable law or the terms of this Agreement; or (iii) for any other reason, the commencement, prosecution, or timely completion of the Project by the Subrecipient is rendered improbable, infeasible, impossible, or illegal, the Department may, by written notice to the Subrecipient, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. Termination of this Agreement shall be governed by the provisions of 2 CFR §200.340 through 200.343. (b)Actions Upon Termination or Suspension. Upon receipt of any final termination or suspension notice from the Department, the Subrecipient shall proceed promptly to carry out the actions required in such notice, which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, Project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the Project activities and contracts, and other undertakings the cost of which are otherwise includable as Project costs; and, (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of this Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Subrecipient to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Subrecipient shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. (c)Termination for Convenience. In accordance with Appendix II to 2 CFR Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards, either Party may terminate this Agreement for convenience upon thirty (30) calendar days’ advance written notice to the other Party. Termination of this Agreement, as such, will not affect payment for services satisfactorily furnished prior to the termination. 23.Human Trafficking. The Subrecipient shall include a provision in each contract it enters into with a private entity in connection with the Project by which the Subrecipient’s contractor agrees that it and its employees that perform any work on the Project shall not, during the term of this Agreement, engage in trafficking in persons, procure a commercial sex act, or use forced labor in the performance of work on the Project. 24.Unauthorized Aliens. The Department shall consider the employment by the Subrecipient of unauthorized aliens a violation of Section 274A of the Immigration and Nationality Act. If the Subrecipient knowingly employs unauthorized aliens, such violation will be cause for unilateral cancellation of this Agreement. 25.Title VII - Civil Rights Act of 1964. Execution of this Agreement constitutes a certification that the Subrecipient will comply with all the requirements imposed by Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), which among other things, prohibits discrimination in employment on the basis of race, color, national origin, creed, sex, and age. 26.Americans with Disabilities Act of 1990 (ADA). Execution of this Agreement constitutes a certification that the Subrecipient will comply with all the requirements imposed by the ADA (42 U.S.C. 12101 et seq.), the regulations of the federal government issued thereunder, and the assurance by the Subrecipient pursuant thereto. 27.Integrity Certification. By signing this Agreement, the Subrecipient certifies that neither it nor its contractors are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Agreement by any federal department or agency. This certification is a material representation of fact upon which the Department is relying in entering this Agreement. If it is later determined that the Subrecipient knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. The Subrecipient shall provide to the Department immediate written notice if at any time the Subrecipient learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. SUB-2026-BoyntonBea-00417 Page 13 of 30 Amendment Number: Original 500-065-01 SAFETY 09/25 Project Title: Boynton Beach Speed and Aggressive Driving Initiative Project Number: SC-2026-00417 FDOT Contract Number: 91 28.Federal Encouragements. (a)Vehicle Pursuits. Pursuant to 23 U.S.C. 402(j), all law enforcement agencies are encouraged to follow the guidelines established for vehicular pursuits issued by the International Association of Chiefs of Police that are currently in effect. (b)Policy on Banning Text Messaging While Driving. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, Subrecipients are encouraged to: i.Adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company-owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official business or when performing any work on behalf of the Subrecipient agency and/or the Government; ii.Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting and driving; and iii.Insert the substance of this section, including this sentence, in all sub-agreement/subcontracts funded with the subaward provided under this Agreement that are $15,000 or more. 29.Reversion of Unexpended Subgrant Funds. All funds granted by the Department under this Agreement that have not been expended during the term of this Agreement shall revert to the Department. STATE REGULATIONS 30.Compliance with State Procurement of Personal Property and Services Laws. The Subrecipient agrees to comply with all applicable provisions of Chapter 287, Florida Statutes (F.S.). The following provisions are stated in this Agreement pursuant to sections 287.133(2)(a) and 287.134(2)(a), F.S. (a)Section 287.133 (2)(a), F.S. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or 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 following the date of being placed on the convicted vendor list. (b)Section 287.134 (2)(a), F.S. An entity or affiliate 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 contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. (c)The convicted vendor list and discriminatory vendor list can be found on the Florida Department of Management Services (DMS) website. 31.Compliance with State Public Records Laws. The Subrecipient agrees to comply with all provisions provided in Chapter 119 F.S. If the Subrecipient receives a public records request concerning its work undertaken pursuant to this Agreement, the Subrecipient must take appropriate action as required by Chapter 119, F.S. If the Subrecipient is unable to ascertain how best to comply with its obligations, it should seek the advice of counsel and/or FDOT State Safety Office. The Department shall unilaterally cancel this Agreement if the Subrecipient refuses to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S., and made or received by the Subrecipient in conjunction with this Agreement. 32.Cooperation with Inspector General. It is the duty of every Subrecipient to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing pursuant to this Agreement. Section 20.055(5), F.S. The Subrecipient agrees to comply with Section 20.055(5), F.S., and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), F.S. 33.E-Verify. Subrecipients: (a)Shall utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the Vendor/Contractor during the term of the Agreement; and SUB-2026-BoyntonBea-00417 Page 14 of 30 Amendment Number: Original 500-065-01 SAFETY 09/25 Project Title: Boynton Beach Speed and Aggressive Driving Initiative Project Number: SC-2026-00417 FDOT Contract Number: 92 (b)Shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Agreement term. (c)Shall adhere to the requirements in Section 448.095, F.S. 34.Indemnification and Insurance. (a)Indemnification. To the extent permitted by law and as limited by and pursuant to the provisions of Section 768.28, F.S., the Subrecipient shall indemnify and hold harmless the Department, including the Department’s officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Subrecipient and persons employed or utilized by the Subrecipient in the performance of this Agreement. This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Subrecipient’s sovereign immunity. (b)Subrecipient Contracts. Subrecipient agrees to include the following indemnification clause in all contracts with contractors, subcontractors, consultants, or subconsultants who perform work in connection with this Agreement (modified to appropriately identify the parties): “To the fullest extent permitted by law, the Subrecipient’s contractor/consultant shall indemnify and hold harmless the Subrecipient and the State of Florida, Department of Transportation, including the Department’s officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the contractor/consultant and persons employed or utilized by the contractor/consultant in the performance of this Agreement. This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Subrecipient’s sovereign immunity.” (c)Workers’ Compensation. The Subrecipient shall provide Workers’ Compensation Insurance in accordance with Florida’s Workers’ Compensation law for all employees. If contracting for any of the work, the Subrecipient shall ensure that its contractors have Workers’ Compensation Insurance for their employees in accordance with Florida’s Workers’ Compensation law. If using “leased employees” or employees obtained through professional employer organizations (“PEO’s”), the Subrecipient shall ensure that such employees are covered by Workers’ Compensation insurance through the PEO’s or other leasing entities. The Subrecipient shall ensure that any equipment rental agreements that include operators or other personnel who are employees of independent contractors, sole proprietorships or partners are covered by insurance required under Florida’s Workers' Compensation law. 35.Reimbursement Obligation. The State of Florida's performance and obligation to reimburse the Subrecipient shall be subject to the availability of Federal highway safety funds and an annual appropriation by the Legislature. 36.Responsibility for Claims and Liability. To the extent permitted by law and subject to the limitations of Section 768.28, F.S., the Subrecipient shall be required to defend, hold harmless and indemnify the Department, NHTSA, FHWA, and USDOT, from all claims and liability, or both, due to negligence, recklessness, or intentional wrongful misconduct of Subrecipient, and its contractor, consultant, agents and employees. The Subrecipient shall be liable for any loss of, or damage to, any material purchased or developed under this Agreement which is caused by the Subrecipient's failure to exercise such care in regard to said material as a reasonable careful owner of similar materials would exercise. The parties executing this Agreement specifically agree that no provision in this Agreement is intended to create in the public or any member thereof, a third-party beneficiary, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. 37.Restrictions on Lobbying. No funds subgranted hereunder shall be used for the purpose of lobbying the legislature, judicial branch, or state agencies, per Section 216.347, F.S. 38.Retention of Records. The Subrecipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued, and shall allow the Department, or its designee, the state CFO, or AG access to such records, which are not protected by State law, upon request. The Subrecipient shall ensure that the independent audit working papers are made available to the Department, or its designee, the state CFO, or AG upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the Department. 39.Tangible Property. Property purchased under this subcontract does not qualify as Tangible Personal Property as defined by Chapter 273, F.S. SUB-2026-BoyntonBea-00417 Page 15 of 30 Amendment Number: Original 500-065-01 SAFETY 09/25 Project Title: Boynton Beach Speed and Aggressive Driving Initiative Project Number: SC-2026-00417 FDOT Contract Number: 93 MISCELLANEOUS PROVISIONS 40.Prohibited Interests. The Subrecipient shall not enter into a contract or arrangement in connection with the Project or any property included or planned to be included in the Project, with any officer, director or employee of the Subrecipient, or any business entity of which the officer, director or employee or the officer's, director’s or employee's spouse or child is an officer, partner, director, or proprietor or in which such officer, director or employee or the officer's, director’s or employee's spouse or child, or any combination of them, has a material interest. i.“Material Interest” means direct or indirect ownership of more than 5% of the total assets or capital stock of any business entity. ii.The Subrecipient shall not enter into any contract or arrangement in connection with the Project or any property included or planned to be included in the Project, with any person or entity who was represented before the Subrecipient by any person who at any time during the immediately preceding two (2) years was an officer, director or employee of the Subrecipient. iii.The provisions of this subsection shall not be applicable to any agreement between the Subrecipient and its fiscal depositories, any agreement for utility services the rates for which are fixed or controlled by the government, or any agreement between the Subrecipient and an agency of state government. 41.Interest of Members of, or Delegates to, Congress or Legislature. No member or delegate to the Congress of the United States, or the State of Florida legislature, shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 42.Department Not Obligated to Third Parties. The Department shall not be obligated or liable under this Agreement to any party other than the Subrecipient. It is specifically agreed between the Parties executing this Agreement that it is not intended by any of the provisions of any part of this Agreement to create in the public or any member thereof, a third-party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. 43.Relationship of Parties. The Subrecipient, its employees, contractors, subcontractors, consultants, and subconsultants are not agents of the Department as a result of this Agreement. 44.When Rights and Remedies Not Waived. In no event shall the making by the Department of any payment to the Subrecipient constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Subrecipient, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 45.Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 46.Sovereign Immunity. Nothing in this Agreement shall constitute a waiver by either party of its sovereign immunity for any damages claimed by third parties. 47.Bonus or Commission. By execution of this Agreement the Subrecipient represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 48.Notices. Any notice, demand, or request which is required to be given under this Agreement in writing shall be delivered to the following address: Florida Department of Transportation Attn: Traffic Safety Administrator State Safety Office, MS 53 605 Suwannee Street Tallahassee, Florida 32399-0450 49.Agreement Format. All words used in this Agreement in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 50.Jury Trial Waiver. The Subrecipient and the Department hereby irrevocably and unconditionally waive trial by jury in any legal action or proceeding relating to this agreement and for any counterclaim therein. 51.Execution of Agreement. This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. SUB-2026-BoyntonBea-00417 Page 16 of 30 Amendment Number: Original 500-065-01 SAFETY 09/25 Project Title: Boynton Beach Speed and Aggressive Driving Initiative Project Number: SC-2026-00417 FDOT Contract Number: 94 52.Agreement not Assignable. The Subrecipient may not assign any of its rights or obligations under this Agreement. GRANT MANAGEMENT 53.Amendments. The Subrecipient shall obtain prior written approval from the FDOT State Safety Office for changes to this Agreement. Amendments to this Agreement will be approved if the modification(s) to be made will achieve or improve upon the outcome of this Agreement’s scope of work, or where factors beyond the control of the Subrecipient require the change. Requested amendments to this Agreement shall be in the form of a written request signed by one of the original signatories of this Agreement, or successor in the same position. Specific delegation(s) for amendments must be provided in writing from the original signatory of the Subrecipient. 54.Disputes and Appeals. Any dispute, disagreement, or question of fact arising under this Agreement may be addressed to the Traffic Safety Administrator of the FDOT State Safety Office in writing within 6 months of the end of the subgrant period. The Traffic Safety Administrator’s decision may be appealed in writing within 30 calendar days from the notification to the Governor's Highway Safety Representative, whose decision is final. Addresses are: Florida Department of Transportation Attn: Traffic Safety Administrator State Safety Office, MS 53 605 Suwannee Street Tallahassee, Florida 32399-0450 Florida Department of Transportation Attn: Governor’s Highway Safety Representative State Safety Office, MS 53 605 Suwannee Street Tallahassee, Florida 32399-0450 The Subrecipient shall proceed diligently with the performance of this Agreement and in accordance with the Department’s decision(s). 55.Equipment. Any equipment purchased under this Agreement with highway safety funds shall not replace previously purchased equipment that is damaged, stolen, lost, or that wears out as a result of misuse, whether the equipment was purchased with federal, state, or local funds. All equipment should be purchased by the Subrecipient within the first ninety days of the subgrant award date unless otherwise approved in writing by the FDOT State Safety Office. (a)Use of Equipment. All equipment shall be used for the originally authorized Agreement purpose(s) for as long as needed for those purposes. Subrecipients must maintain an inventory control system that has adequate safeguards in place to prevent loss, damage, or theft. (b)Equipment Costing $10,000 or More. Equipment with a useful life of more than one year and an acquisition cost of $10,000 or more per unit shall be subject to the following requirements: i.Biannual certification of appropriate use and condition of equipment shall be provided to the FDOT State Safety Office. ii.Dispositions must be requested and shall receive prior written approval from the FDOT State Safety Office. (c)Disposition of Equipment Costing $10,000 or More. In the event the equipment is no longer needed for the originally authorized Agreement purpose(s) or has reached the end of its useful life, Subrecipients shall use the Equipment Disposition Request Form 500-065-26 to coordinate with the FDOT State Safety Office to obtain required approvals to dispose of the equipment or transfer the equipment to another agency for use. (d)Disposition of Equipment Costing Less than $10,000. Equipment that does not meet the unit purchase price threshold of $10,000 shall be disposed of in accordance with the agency’s own procurement and disposition policies. Documentation of this disposition shall be noted in the Subrecipient files. (e)Equipment Replacement or Repair. The Subrecipient is responsible, at their own cost, for replacing or repairing any equipment purchased with Federal highway safety funds that is damaged, stolen, or lost, or that wears out as a result of misuse. The FDOT State Safety Office retains the right to replace or repair any equipment for statewide programs based on exceptional individual circumstances. SUB-2026-BoyntonBea-00417 Page 17 of 30 Amendment Number: Original 500-065-01 SAFETY 09/25 Project Title: Boynton Beach Speed and Aggressive Driving Initiative Project Number: SC-2026-00417 FDOT Contract Number: 95 (f)Equipment Repossession. Ownership of all equipment purchased with Federal highway safety funds rests with the Subrecipient; however, the USDOT maintains an interest in the equipment and title vests in the Subrecipient subject to several conditions and obligations under 2 CFR § 200.313. The Subrecipient must use the equipment for the authorized purposes of the Project, whether or not the Project continues to be supported by the Federal award, unless the FDOT State Safety Office, on behalf of USDOT, provides written authorization for another use of the equipment that is permissible under 2 CFR §200.313. Any equipment purchased with Federal highway safety funds that is not being used by the Subrecipient for the purposes described in the Project or in accordance with other authorized uses under 2 CFR §200.313, is subject to repossession by the FDOT State Safety Office, on behalf of the USDOT. Items that are repossessed shall be disbursed to agencies that agree to use the equipment for the activity described in this Project or for other uses authorized by USDOT. 56.Expense Purchases for $200 or more: Any office, training, communication, or computer supplies (including computers) with a per item unit cost of $200 or more within the Expense Category, excluding software, must have FDOT State Safety Office written approval, prior to purchase. 57.Excusable Delays. Except with respect to the defaults of Subrecipient’s consultants and contractors which shall be attributed to the Subrecipient, the Subrecipient shall not be in default by reason of any failure in performance of this Agreement in accordance with its terms if such failure arises out of causes beyond the control and without the fault or negligence of the Subrecipient. Such causes are acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case the failure to perform must be beyond the control and without the fault or negligence of the Subrecipient. If the failure to perform is caused by the failure of the Subrecipient’s consultant or contractor to perform or make progress, and if such failure arises out of causes beyond the control of the Subrecipient and its consultant or contractor, and without the fault or negligence of any of them, the Subrecipient shall not be deemed to be in default, unless (1) the supplies or services to be furnished by the consultant or contractor were obtainable from other sources, (2) the FDOT State Safety Office shall have ordered the Subrecipient in writing to procure such supplies or services from other sources, and (3) the Subrecipient shall have failed to comply reasonably with such order. Upon request of the Subrecipient, the FDOT State Safety Office shall ascertain the facts and extent of such failure and, if it shall be determined that any failure to perform was occasioned by any one or more of the said causes, the delivery schedule shall be revised accordingly. If the Subrecipient is unable to fulfill the activities stated in the Proposed Solution or Project Objectives in this agreement (Part II: PROJECT PLAN AND SUPPORTING DATA) due to the COVID-19 pandemic, the Subrecipient must contact the FDOT State Safety Office immediately to discuss potential amendments and/or alternate plans. 58.How this Agreement is Affected by Provisions Being Held Invalid. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. The Subrecipient acknowledges that federal grant requirements are subject to change and agrees that the most recent requirements shall govern its obligations under this Agreement at all times. 59.Ineligibility for Future Funding. The Subrecipient agrees that the Department shall find the Subrecipient ineligible for future funding for any of the following reasons: (a)Failure to provide the required audits; (b)Failure to provide required performance and final narrative reports in the required time frame; (c)Failure to perform work described in Part II of this Agreement; (d)Failure to provide reimbursement requests and performance reports in the required time frame; (e)Providing fraudulent performance reports or reimbursement requests; or (f)Misuse of equipment purchased with Federal highway safety funds. 60.Performance. In the event of default, noncompliance, or violation of any provision of this Agreement by the Subrecipient, the Subrecipient's consultant(s) or contractor(s) and supplier(s), the Subrecipient agrees that the Department will impose sanctions. Such sanctions include withholding of reimbursements, retainage, cancellation, termination, or suspension of this Agreement in whole or in part. In such an event, the Department shall notify the Subrecipient of such decision 30 days in advance of the effective date of such sanction. The sanctions imposed by the Department will be based upon the severity of the violation, the ability to remedy, and the effect on the Project. The Subrecipient shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. SUB-2026-BoyntonBea-00417 Page 18 of 30 Amendment Number: Original 500-065-01 SAFETY 09/25 Project Title: Boynton Beach Speed and Aggressive Driving Initiative Project Number: SC-2026-00417 FDOT Contract Number: 96 61.Personnel Hired or Paid Under this Agreement. (a)Project Director. Persons holding the position of Project Director for this Agreement shall not receive reimbursement for personnel hours nor receive any other benefit under this Agreement. (b)Employer Responsibility. Any and all employees of the Subrecipient whose positions are funded, in whole or in part through this Agreement, shall be the employee of the Subrecipient only, and any and all claims that may arise from said employment relationship shall be the sole obligation and responsibility of the Subrecipient. Personnel hours will only be reimbursed based on actual hours worked on this Agreement. No other allocation method is allowable for reimbursement. (c)Bonuses or Stipends. Bonuses or one-time stipends issued to Subrecipient employees will not be eligible for subgrant reimbursement, as they are not considered salary and are an addition to the salary amounts approved for subgrant execution. Increases in subgrant employee salary must be approved by the FDOT State Safety Office. Annual fluctuations in benefits approved in the Agreement are allowable and eligible for reimbursement. (d)Overtime. i.Overtime Hours. Subgrant funds cannot be used to supplant standard activity hours; therefore, only hours qualifying as “overtime”, per the Subrecipient policies will be eligible for reimbursement by this Agreement. In the event a Subrecipient is awarded more than one subgrant agreement within a federal fiscal year, overtime hours for each traffic safety effort must be tracked, reported, and billed based on hours worked for each subgrant agreement type. ii.Reserve Officer Hours. Subgrant funds can be used to reimburse detail pay for reserve officers to perform traffic safety enforcement. An agency must have an active policy authorizing payment for reserve officer detail to receive reimbursement for reserve officer hours. A copy of the policy shall be maintained by the Subrecipient and made available for review if requested. iii.Extra Duty Detail Pay. Subgrant funds can be used to reimburse extra duty detail pay for officers to perform traffic safety enforcement. An agency must have an active policy authorizing payment for detail or extra duty pay outside of regular duties to receive reimbursement for officer hours. A copy of the policy shall be maintained by the Subrecipient and made available for review if requested. iv.Overtime Rate. Overtime hours are intended for enhanced/increased traffic safety activities. The overtime pay rate for personnel is based on actual cost per employee in accordance with the Subrecipient’s payroll policy. Each Subrecipient shall comply with Fair Labor Standards Act (FLSA) requirements and thresholds for overtime accrual and payment and its own policies and procedures, insofar as those policies apply uniformly to both federally financed and other activities of the Subrecipient, as required by 2 CFR 200.403(c). Additional hours may be called overtime, off duty, extra, additional, etc., as long as it enhances/increases traffic safety activities. A copy of the policy shall be maintained by the Subrecipient and made available for review if requested. 62.Reports. The following reports are required for reimbursement of subgrant funding: (a)Performance Reports. (FDOT Form No. 500-065-19). A performance report shall be provided with each request for financial reimbursement, providing the status of the subgrant minimum performance standards, as described in Part IV of this Agreement. (b)Final Narrative Report. (FDOT Form No. 500-065-20). A Final Narrative Report giving a chronological history of the subgrant activities, problems encountered, major accomplishments, and NHTSA Required Activity Reporting shall be submitted by October 31, unless otherwise approved in writing by the FDOT State Safety Office. A Final Narrative Report for a project funded by FHWA must meet the same standards and shall be submitted by July 31, unless otherwise approved in writing by the FDOT State Safety Office. Requests for reimbursement will not be processed and will be returned to the Subrecipient as unpaid if the required reports are not provided, following notification. (c)Enforcement Activity Reports. Enforcement Activity Report(s) for each type of enforcement shall be provided with each request for financial reimbursement for overtime worked. Agency specific activity reports may be used, if those reports include all information detailed in each FDOT Activity Form. (d)Other Reports. The FDOT State Safety Office reserves the right to require other reports not specified above, as necessary, for Agreement monitoring. SUB-2026-BoyntonBea-00417 Page 19 of 30 Amendment Number: Original 500-065-01 SAFETY 09/25 Project Title: Boynton Beach Speed and Aggressive Driving Initiative Project Number: SC-2026-00417 FDOT Contract Number: 97 63.Term of this Agreement. This Agreement shall begin on the date the last party signs and shall end on September 30 for NHTSA funded agreements and June 30 for FHWA funded agreements, unless otherwise stipulated by the FDOT State Safety Office on the first page on this Agreement. In the event this Agreement is for services in excess of $25,000.00 and a term for a period of more than 1 year, the provisions of Section 339.135(6)(a), F.S., are hereby incorporated: “The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that such funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000.00 and which have a term for a period of more than 1 year.” 64.Travel. (a)Required Forms. Travel costs for approved travel shall be submitted on the FDOT Contractor Travel Form (FDOT Form No. 300-000-06) or other approved Florida Department of Financial Services form and will be reimbursed in accordance with Section 112.061, F.S. and the most current version of the Disbursement Handbook for Employees and Managers. (b)Authorization and Restriction. All travel authorized under this Agreement shall be subject to any additional authorization requirements or restrictions imposed by Executive Order or other guidance from the Governor of Florida; any requirements or forms for travel cost reimbursement imposed by the Subrecipient that do not violate FDOT travel cost reimbursement requirements; and/or FDOT during the Agreement period. (c)Prerequisite Approvals. All Agreement travel that has billable costs shall require a written request for approval from the FDOT State Safety Office prior to the incurring of actual travel costs. Request should include sufficient justification to prove that the travel will have significant benefits to the outcome of the Agreement activities and is within the travel budget of the Project and relevant to the Project. Additional detail is required if the travel meets any of the following criteria: i.Purchase of airfare; ii.Travel to conference; iii.Travel which includes a registration fee; iv.Out-of-subgrant-specified work area travel; or v.Out-of-state travel. Failure to receive prior written approval will deem the entire travel cost ineligible for payment, regardless of available funding in the travel budget. (d)Lodging Reimbursement Limit. The FDOT State Safety Office shall not pay for overnight lodging/hotel room rates that exceed $225.00 per night (before taxes and fees). A Subrecipient and/or traveler will be required to expend his or her own funds for paying the overnight lodging/hotel room rate in excess of $225.00 plus the applicable percentage of fees (other than flat fees). If multiple travelers share a room and the individual cost of the lodging/hotel exceeds the $225.00 per night limit, the Subrecipient and/or travelers will be required to expend his or her own funds for paying the excess amount. If another entity is covering the cost of the overnight lodging/hotel then this paragraph does not apply. An exception to this lodging reimbursement limit may be granted for out-of-state travel if specifically approved in advance, in writing by the FDOT State Safety Office. (e)Lodging for Subgrant Funded Statewide Coalition Meetings and Conferences. Lodging contracts may be funded to accommodate attendance of subgrant funded statewide coalition meetings, conferences, and programs. If a lodging contract is executed to cover lodging cost, all travelers shall be expected to use the contract, and any attendees choosing alternate lodging accommodations based on preference, shall do so at their own out of pocket costs. Cost for these lodging contracts will be reviewed and approved for program appropriateness and costs savings to the State, as determined and approved by the FDOT State Safety Office. (f)Rental Vehicles. Some rental companies will offer electric vehicles (EV); however, these types of vehicles are not allowable under this subgrant. Any electric vehicle rentals and associated fees will not be reimbursed under this subgrant. SUB-2026-BoyntonBea-00417 Page 20 of 30 Amendment Number: Original 500-065-01 SAFETY 09/25 Project Title: Boynton Beach Speed and Aggressive Driving Initiative Project Number: SC-2026-00417 FDOT Contract Number: 98 65.Vehicles. Any Subrecipient receiving subgrant funds to purchase a vehicle (excluding law enforcement vehicles) shall maintain a travel log that contains the beginning and ending mileage, location, and purpose of travel. All agencies must report any vehicle use (excluding law enforcement vehicles) and maintenance with each request for reimbursement using the Safety Grant Vehicle Use Form (FDOT Form No. 500-065-21) and the Safety Grant Equipment Maintenance Form (FDOT Form No. 500-065-22). Vehicles purchased with federal highway safety funds shall be used for program use only and in accordance with Rule 60B-1.004 F.A.C. Subrecipients who are responsible for the operation and use vehicles for official state business are allowed to permit persons other than state officials or employees to travel in the vehicle provided these persons are conducting official state business or only on special occasions if the purpose of the travel can be more usefully served by including such persons and no additional expense is involved. It is permissible to transport persons other than state officials and employees during disasters and emergency situations where the state must protect life and property. Providing assistance to motorists whose vehicles are disabled may be considered as an emergency when there is a need to protect life and property. Any vehicles used for personal reasons or not being used by the Subrecipient for the purposes described in this Agreement shall be subject to repossession by the FDOT State Safety Office. FINANCIAL/FISCAL 66.Allowable Costs. The allowability of costs incurred under this Agreement shall be determined in accordance with the general principles of allowability and standards for selected cost items set forth in the Applicable Federal Law, state law, and the FDOT Disbursement Handbook for Employees and Managers, to be eligible for reimbursement. All funds not spent in accordance with the Applicable Federal Law will be subject to repayment by the Subrecipient. Only costs directly related to this Agreement shall be allowable. 67.Subcontract Agreements. (a)Requirement for Pre-Approval. All subcontract agreements must be submitted to the FDOT State Safety Office in draft form for review and written approval. Approval of this Agreement does not constitute approval of subcontract agreements. (b)Minimum Mandatory Subcontract Language. All subcontract agreements shall include at a minimum the following information: i.Beginning and end dates of the subcontract agreement (not to exceed this Agreement period); ii.Total contract amount; iii.Scope of work/Services to be provided; iv.Quantifiable, measurable, and verifiable units of deliverables; v.Minimum level of service to be performed and criteria for evaluating successful completion; vi.Budget/Cost Analysis; and vii.Method of compensation/Payment Schedule. (c)Additional Required Clauses. i.All subcontract agreements shall contain the following statement: “The parties to this contract shall be bound by all applicable sections of Part V: Acceptance and Agreement of Project # (insert Project number). A final invoice must be received by (insert date) or payment will be forfeited.” ii.Buy American Act Clause (see Section 4 of Part V) iii.Certification Regarding Federal Lobbying (see Section 21(a) of Part V) iv.Cooperation with Inspector General (see Section 32 of Part V) v.DBE Clause (see Section 10 of Part V) vi.E-Verify Clause (see Section 33 of Part V) vii.Nondiscrimination Clause (see Section 16(h) of Part V) viii.Clean Air Act and Federal Water Pollution Control Act Clause (subcontracts in excess of $150,000) (see Section 5 of Part V) SUB-2026-BoyntonBea-00417 Page 21 of 30 Amendment Number: Original 500-065-01 SAFETY 09/25 Project Title: Boynton Beach Speed and Aggressive Driving Initiative Project Number: SC-2026-00417 FDOT Contract Number: 99 ix.Integrity Certification Clause (see Section 27 of Part V) x.Contract Work Hours and Safety Standards Act (subcontracts in excess of $100,000) (see Section 8 of Part V) xi.Indemnification and Insurance (see Section 34(b) of Part V) xii.Policy on Banning Text Messaging While Driving Act (subcontracts in excess of $15,000) (see Section 28(b) of Part V) xiii.Human Trafficking Clause (see Section 23 of Part V) xiv.Contracting with Small and Minority Businesses, Women's Business Enterprises, and Labor Surplus Area Firms (see Section 12 of Part V) xv.Termination for Convenience (see Section 22(c) of Part V) 68.Indirect Costs. Indirect costs included in this Agreement in Part III, under the indirect line item are based on the indirect costs rate the Subrecipient used in the competitive concept paper application process. The rate will be applied in accordance with 2 CFR Part 200, OMB’s Uniform Grants Guidance 2024 Revision, and the Subrecipient’s federally approved rate agreement. If the Subrecipient does not have a federally approved costs rate agreement, a maximum de minimis rate of 15% of modified total direct costs in the manner described in 2 CFR §200.414 will be used unless the Subrecipient elected to use a reduced indirect rate in the competitive concept paper application process. [The de minimis rate is available only to entities that have never had a negotiated indirect cost rate. When selected, the de minimis rate must be used consistently for all federal awards until such time the Subrecipient chooses to negotiate a rate. A de minimis certification form must be submitted to the Department for review and written approval.] All subgrant awards are based on cost benefit, available funding, and if the indirect costs rate requested significantly affects the proposed project’s ability to adequately address the traffic safety need. Subrecipients will be reimbursed for indirect costs up to the first $50,000 of each subcontract/subaward based on their federally approved negotiated indirect cost rate agreement. Under this Agreement, a subcontract and subaward are treated the same based on their requirement to contribute to the goals and objectives of the project, their purpose in carrying out a portion of the Federal award, and their overall contribution to project implementation. 69.Obligation of Subgrant Funds. Subgrant funds shall not be obligated prior to the effective date or subsequent to the end date of this Agreement period. Only Project costs incurred on or after the effective date and on or prior to the end date of this Agreement are eligible for reimbursement. A cost is incurred when the Subrecipient's employee or approved contractor or consultant performs the service required or when goods are received by the Subrecipient, notwithstanding the date of order. 70.Procedures for Reimbursement. (a)Overview. The Department agrees to compensate the Subrecipient for services described in Part II (Project Plan and Supporting Data). The Schedule of Financial Assistance is included as Part III (Project Detail Budget). (b)Required Forms. All requests for reimbursement of subgrant costs must be submitted on forms provided by the Department (FDOT Form Numbers 500-065-04 through 09 and 19) unless otherwise approved. Forms must be completed in detail sufficient for a proper pre-audit and post audit based on the quantifiable, measurable, and verifiable units of deliverables and costs, including supportive documentation as established in Parts II (Project Plan and Supporting Data), III (Project Detail Budget), and IV (Performance Report). ALL requests for reimbursement shall include FDOT Form 500-065-19 Performance Report for the period of reimbursement. Deliverables must be received and accepted in writing by the Department’s Project Manager prior to payments. SUB-2026-BoyntonBea-00417 Page 22 of 30 Amendment Number: Original 500-065-01 SAFETY 09/25 Project Title: Boynton Beach Speed and Aggressive Driving Initiative Project Number: SC-2026-00417 FDOT Contract Number: 100 (c)Supporting Documentation. Supporting documentation must establish that the deliverables were received and accepted in writing by the Subrecipient and must also establish that the required minimum level of service to be performed based on the criteria for evaluating successful completion as specified in Parts II (Project Plan and Supporting Data), III (Project Detail Budget), and IV (Performance Report) was met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges. Invoices for cost reimbursement subgrants must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation shall be submitted for each amount for which reimbursement is being claimed, indicating that the item has been paid. Documentation for each amount for which reimbursement is being claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved subgrant budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to the services being provided. Contracts between state agencies may submit alternative documentation to substantiate the reimbursement request, which may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address: http://www.fldfs.com/aadir/reference_guide.htm Listed below are types and examples of supporting documentation: i.Personnel Services. a.Salaries: Timesheets that support the hours worked on the Project or activity must be kept. A payroll register, or similar documentation should be maintained. The payroll register should show gross salary charges, fringe benefits, other deductions, and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay can be submitted. If this document does not reflect the information needed for a more thorough financial analysis, the Subrecipient shall submit additional pay documentation in a timely manner when requested. b.Fringe Benefits: Fringe benefits should be supported by invoices showing the amount paid on behalf of the employee, e.g., insurance premiums paid. If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. c.Workers’ Compensation: Subrecipients shall provide a Contribution Indication and Bind Order, or other documentation deemed equivalent, prior to the reimbursement of costs associated with workers’ compensation. Self-insurers (municipalities and counties) shall be reimbursed using the current rate for class code 7720, as set by the National Council on Compensation Insurance (NCCI), unless sufficient documentation is provided to justify the use of a different rate or to show a lower rate was requested. All reimbursement of workers compensation costs shall be calculated in accordance with Rule 2 “Premium Basis and Payroll Allocation” of the NCCI’s Basic Manual. ii.Contractual Services. Should be supported by a copy of the approved, fully executed subcontract agreement, an invoice showing payment request and dates of service from the vendor, and proof of payment by the Subrecipient. iii.Expenses. Should be supported by a copy of any required pre-approvals, an invoice showing payment request from the vendor, and proof of payment by the Subrecipient. iv.Travel. Reimbursement for travel must be in accordance with s. 112.061, F.S. and the most recent version of the FDOT Disbursement Handbook, which includes submission of the travel costs on an approved state travel form along with supporting receipts and invoices. v.Equipment Costing $10,000 or More. Should be supported by a copy of any required pre-approvals, an invoice showing payment request from the vendor, and proof of payment by the Subrecipient. vi.Indirect Cost. If the subgrant stipulates that indirect costs will be paid based on a specified rate, then the calculation should be shown. Indirect costs must be in the approved agreement budget and the entity must be able to demonstrate that the costs are not duplicated elsewhere as direct costs. All indirect cost rates must be evaluated for reasonableness and for allowability and must be allocated consistently. SUB-2026-BoyntonBea-00417 Page 23 of 30 Amendment Number: Original 500-065-01 SAFETY 09/25 Project Title: Boynton Beach Speed and Aggressive Driving Initiative Project Number: SC-2026-00417 FDOT Contract Number: 101 All documentation should be readable and include the necessary calculations to support the amounts being requested. Illegible documents or documents for the wrong time-period or calculation amounts will require resubmittal by the Subrecipient. If documents provided do not equal the totals requested, additional documentation may be requested, or amounts reimbursed will be reduced to totals supported by documentation. Subgrant agreements between state agencies, and/or subgrant agreements between colleges and universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports and do not have to include check numbers. (d)Non-Aligned Purchases Pre-Approval Requirement: Pre-approval is required if there are any purchases that cross subgrant years (October 1st – September 30th) for NHTSA funded agreements. A letter requesting pre-approval for purchases crossing into the next subgrant year must be submitted to the FDOT State Safety Office within the first 90 days of the subgrant start date in draft form for review and approval. Only after the written approval from the FDOT State Safety Office is received can a purchase be made. (e)Frequency and Deadlines for Submission. i.Partial Claims. Subrecipients should submit all costs for reimbursement monthly unless no costs were incurred within a month. Reimbursement for personnel costs may be submitted after each pay period, if desired. Failure to submit reimbursement requests in a timely manner, or failure to establish and maintain communication with the FDOT State Safety Office regarding claim submissions, may result in this Agreement being terminated. ii.Final Claim. A final financial request for reimbursement shall be submitted and/or postmarked no later than October 31 for NHTSA funded agreements and July 31 for FHWA funded agreements following the end of this Agreement period, unless otherwise approved in writing by the FDOT State Safety Office. Such a request should be distinctly identified as Final and include FDOT Form 500-065-20 Final Narrative Report. The Subrecipient agrees to forfeit reimbursement of any amount incurred or expended if the final request is not submitted and/or postmarked by October 31 for NHTSA funded agreements and July 31 for FHWA funded agreements following the end of this Agreement period, unless otherwise approved in writing by the FDOT State Safety Office. (f)Travel Reimbursement. Bills for travel expenses specifically authorized in this Agreement shall be submitted on the FDOT Contractor Travel Form (300-000-06) and will be paid in accordance with Section 112.061, F.S. and the most current version of the FDOT Disbursement Handbook for Employees and Managers. (g)Equipment Reimbursement. All requests for reimbursement of equipment having a unit cost of $10,000 or more and a useful life of one year or more shall be accompanied by an Equipment Accountability Form (FDOT Form No. 500-065-09). Reimbursement of these equipment costs shall not be made before receipt of this form. (h)Media Purchase Reimbursement. Proof of performance (e.g., copies and/or images of posters, air schedules, etc.) of all paid media purchased with subgrant funds shall be attached to reimbursement requests. (i)Artificial Intelligence (AI) Reimbrsement. The purchase of software whose primary purpose is Artificial Intelligence (AI) software such as ChatGPT, Google AI, etc. are not an allowable expense under the subgrant. Any purchases of this software and associated fees will not be reimbursed under this subgrant. (j)Signature Requirements. All requests for reimbursement shall be signed by an Authorized Representative of the Subrecipient. (k)Reimbursement Timeline. Subrecipients providing goods and services to the Department should be aware of the following time frames. The FDOT State Safety Office has a 30-day review process to approve goods and services that starts on the date of receipt of financial reimbursement request. After that review and approval, the Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. Financial reimbursement requests may be returned if not completed properly. If a payment is not available within 40 days from the FDOT State Safety Office approval, a separate interest penalty at a rate as established pursuant to Section 55.03(1), F.S., will be due and payable, in addition to the financial reimbursement request amount, to the Subrecipient. Interest penalties of less than one (1) dollar will not be enforced unless the Subrecipient requests payment. Financial reimbursement requests that have to be returned to a Subrecipient because of Subrecipient preparation errors will result in a delay in the payment. The financial reimbursement request payment requirements do not start until a properly completed financial reimbursement request is provided to the Department. SUB-2026-BoyntonBea-00417 Page 24 of 30 Amendment Number: Original 500-065-01 SAFETY 09/25 Project Title: Boynton Beach Speed and Aggressive Driving Initiative Project Number: SC-2026-00417 FDOT Contract Number: 102 (l)Financial Consequences. Payment shall be made only after receipt and approval of deliverables and costs incurred. If the Department determines that the performance of the Subrecipient is unsatisfactory, the Department shall notify the Subrecipient of the deficiency to be corrected, which correction shall be made within a timeframe to be specified by the Department. The Subrecipient shall, within five days after notice from the Department, provide the Department with a corrective action plan describing how the Subrecipient will address all issues of Agreement non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or Agreement noncompliance. If the corrective action plan is unacceptable to the Department, the Subrecipient will not be reimbursed to the extent of the non- performance. The Subrecipient will not be reimbursed until the Subrecipient resolves the deficiency. If the deficiency is subsequently resolved, the Subrecipient may bill the Department for the unpaid reimbursement request(s) during the next billing period. If the Subrecipient is unable to resolve the deficiency, the funds shall be forfeited at the end of this Agreement term. (m)Vendor Ombudsman. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Subrecipients who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516. (n)Projects with Non-profit Entities. Pursuant to Section 216.1366, F. S., the Subrecipient shall provide documentation to indicate the amount of state funds: i.Allocated to be used during the full term of this Agreement for remuneration to any member of the board of directors or an officer of the Subrecipient. ii.Allocated under each payment by the Department to be used for remuneration of any member of the board of directors or an officer of the Subrecipient. The documentation must indicate the amounts and recipients of the remuneration. Such information will be posted by the Department to the Florida Accountability Contract Tracking System maintained pursuant to Section 215.985, F.S. and must additionally be posted to the Subrecipient’s website, if the Subrecipient is a non-profit organization and maintains a website. The Subrecipient shall utilize FDOT Form No. 350-090-19, Compensation to Non-Profits Using State Funds, for purposes of documenting the compensation. The subject form is required for every contract for services executed, amended, or extended on or after July 2023, with non-profit organizations. Pursuant to Section 216.1366, F.S., the term: iii.“Officer” means a chief executive officer, chief financial officer, chief operating officer, or any other position performing an equivalent function. iv.“Remuneration” means all compensation earned by or awarded to personnel, whether paid or accrued, regardless of contingency, including bonuses, accrued paid time off, severance payments, incentive payments, contributions to a retirement plan, or in-kind payments, reimbursements, or allowances for moving expenses, vehicles and other transportation, telephone services, medical services, housing, and meals. v.“State funds” means funds paid from the General Revenue Fund or any state trust fund, funds allocated by the Federal Government and distributed by the state, or funds appropriated by the state for distribution through any grant program. The term does not include funds used for the state Medicaid program. 71.Tracking and Retention of Financial Records. The Subrecipient shall maintain an accounting system or separate accounts to ensure funds and Projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Subrecipients general accounting records and the Project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the Project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. 72.Program Income. Program income means gross income earned by Subrecipient that is directly generated by a supported activity or earned as a result of the Agreement award during the Agreement period of performance. Program income must be deducted from total allowable costs to determine the net allowable costs. Program income must be used for current costs and any remaining program income must be offset against the final request for reimbursement. Program income that the Subrecipient did not anticipate at the time of the Agreement award must be used to reduce the Federal award and Subrecipient contributions rather than to increase the funds committed to the Project. SUB-2026-BoyntonBea-00417 Page 25 of 30 Amendment Number: Original 500-065-01 SAFETY 09/25 Project Title: Boynton Beach Speed and Aggressive Driving Initiative Project Number: SC-2026-00417 FDOT Contract Number: 103 73.Registration for Attendance. No activities funded under this Agreement shall charge a registration fee for attendance. 74.Responsibility of Subrecipient. The Subrecipient shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. All monies spent on this Project shall be disbursed in accordance with the provisions of the Project Detail Budget (Part III of this Agreement) as approved by the FDOT State Safety Office. All expenditures and cost accounting of funds shall conform to 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, herein incorporated by reference, (hereinafter referred to as Applicable Federal Law). REQUIREMENTS 75.Child Safety Seats. Any agency that receives child safety seats must have at least one staff member who is a current Certified Child Passenger Safety Technician. 76.Enforcement. (a)Automated Traffic Enforcement. No subgrant funds will be awarded or expended to carry out a program to purchase, operate, or maintain an automated traffic enforcement system. (23 U.S.C. 402(c)(4)). The term “automated traffic enforcement system” includes any camera that captures an image of a vehicle for the purposes only of red light and speed enforcement and does not include handheld radar and other devices operated by law enforcement officers to make an on-the-scene traffic stop, issue a citation, or other enforcement action at the time of violation. Subgrant funding will not be utilized or reimbursed for continuing priorly initiated investigations, court or Administrative Hearings, and enforcement from aircraft. (b)Aircraft Enforcement. Subgrant funding will not be utilized or reimbursed for enforcement from aircraft (airplane, helicopter, drone, etc.) without prior written approval from the FDOT State Safety Office. (c)Investigations and Court. Subgrant funding will not be utilized or reimbursed for continuing priorly initiated investigations, court, or administrative hearings. (d)Data Driven. Selection of enforcement activity locations should be based on current data that identifies high- risk areas with the greatest number of crashes, serious injuries, fatalities, and/or traffic violations (citations). Data should be reviewed periodically to ensure that the most current high-risk areas are continually addressed throughout this Agreement period. (e)High Visibility Enforcement. All law enforcement agencies shall conduct High Visibility Enforcement while conducting enforcement under this Agreement. High Visibility Enforcement is defined as: Intense:Enforcement activities are over and above what normally takes place. Frequent:Enforcement occurs often enough to create general deterrence. Visible:A majority of the public sees or hears about the enforcement. Strategic:Enforcement targets high-risk locations during high-risk times. (f)Hours Limit. Each officer is limited to a maximum of eight (8) hours of reimbursable overtime in any single day (defined as 12:00 a.m. to 11:59 p.m.), unless there are extenuating circumstances at the end of a shift that causes the hours to exceed this limit. Extenuating circumstances must be documented in the activity report. There is no pay period limit on hours worked. (g)Conforming Product List. Any speed measuring device purchased with subgrant funding shall be in accordance with State approved Speed Measuring Devices listed in 15B-2.013 F.A.C. (h)Impaired Driving Enforcement. i.Hours of Emphasis. A strong emphasis of enforcement operations should be during the hours of 6:00 pm to 6:00 am. Expansion of enforcement operation hours can be adjusted based on supporting data and prior written approval by the FDOT State Safety Office. Agencies should ensure that enforcement saturation/wolfpack/roving patrols are conducted in periods of no fewer than 3 consecutive hours. The FDOT State Safety Office reserves the right to request a copy of any subgrant funded checkpoint After Action Report. ii.Mobilization Participation. All law enforcement agencies that receive impaired driving subgrant funding should participate in all NHTSA impaired driving moblizations for the following holidays and events: New Year’s Day, NFL Super Bowl, St. Patrick’s Day, Cinco de Mayo, Independence Day, Labor Day, Halloween, and the end of year holiday season. SUB-2026-BoyntonBea-00417 Page 26 of 30 Amendment Number: Original 500-065-01 SAFETY 09/25 Project Title: Boynton Beach Speed and Aggressive Driving Initiative Project Number: SC-2026-00417 FDOT Contract Number: 104 iii.Required Credentials for Impaired Driving Enforcement. Any law enforcement officer who takes enforcement action and receives compensation under an impaired driving subgrant must have successfully completed at least one of the following within the last five years: a.NHTSA/IACP 24 hour DWI Detection and Standardized Field Sobriety Testing (SFST) course; b.NHTSA/IACP 4 hour DWI Detection and Standardized Field Sobriety Testing (SFST) refresher course; c.NHTSA/IACP DWI Detection and Standardized Field Sobriety Testing (SFST) Instructor Development course; d.NHTSA/IACP 8-hour DWI Detection and Standardized Field Sobriety Testing (SFST) Instructor Update course; e.NHTSA/IACP Advanced Roadside Impaired Driving Enforcement (ARIDE) course; or f.Be an active certified Drug Recognition Expert (DRE). (i)Motorcycle Enforcement. No subgrant funds will be used for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. i.Required Credentials for High Visibility Enforcement. Any law enforcement officer who is using a radar or laser speed detection system, must be certified in the use of that piece of equipment. Officers not certified to use radar or laser speed detection system may work in a saturation/wolfpack/roving patrol with prior written approval by the FDOT State Safety Office. (j)Occupant Protection Enforcement. All law enforcement agencies that receive occupant protection subgrant funding should participate in all NHTSA occupant protection mobilizations for Click It or Ticket and are encouraged to participate in Child Passenger Safety Week and National Seat Check Saturday. Safety belt enforcement is encouraged for both day and nighttime. (k)Speed and Aggressive Driving Enforcement. All law enforcement agencies that receive speed and aggressive driving subgrant funding should participate in the NHTSA Regional speed and aggressive driving moblization for Operation Southern Slow Down. i.Required Credentials for High Visibility Enforcement. Any law enforcement officer who is using a radar or laser speed detection system, must be certified in the use of that piece of equipment. Officers not certified to use radar or laser speed detection system may work in a saturation/wolfpack/roving patrol with prior written approval by the FDOT State Safety Office. (l)Teen Safe Driving Enforcment. i.Hours of Emphasis. Emphasis of enforcement operations should be during the hours of 11:00 pm to 6:00 am aligning with the parameters of Florida’s Graduated Driver Licensing (GDL) Laws. Expansion of enforcement operation hours can be adjusted based on supporting data and prior written approval by the FDOT State Safety Office. The agency will maintain detailed records of enforcement operations. ii.Required Credentials for High Visibility Enforcement. Any law enforcement officer who is using a radar or laser speed detection system must be certified in the use of that piece of equipment. Officers not certified to use radar or laser speed detection system may work in a saturation/wolfpack/roving patrol with prior written approval by the FDOT State Safety Office. (m)Campaign Reporting. All law enforcement agencies that receive subgrant funding are strongly encouraged to report activity in NHTSA mobilizations to the Florida Law Enforcement Liaison Program during the campaign reporting periods (n)Administrative Hours Limitation. Administrative hours may be charged to the subgrant; however, the total cost associated with administrative time shall not exceed 10 hours per month. It is the responsibility of the Subrecipient to ensure that all administrative charges are reasonable, necessary, and properly documented. (o)Emergency Response During Subgrant Funded Activities. If a law enforcement emergency occurs during a subgrant-funded detail and response is required by an officer(s) working that detail, the officer(s) is allowed up to one hour of subgrant-time to respond and return to the traffic enforcement patrol. Any time beyond that hour, or costs related to additional emergencies during the detail, must be covered by the Subrecipient. (p)Additional Reports. The FDOT State Safety Office reserves the right to request a copy of any subgrant- funded Computer Aided Report (CAD). 77.Public Service Announcements, Marketing, and Advertisements. SUB-2026-BoyntonBea-00417 Page 27 of 30 Amendment Number: Original 500-065-01 SAFETY 09/25 Project Title: Boynton Beach Speed and Aggressive Driving Initiative Project Number: SC-2026-00417 FDOT Contract Number: 105 (a)Closed Caption Requirement. All public service announcements produced with Federal highway safety funds shall be closed captioned for the hearing impaired. (b)Media Plan. All paid media reimbursed with subgrant funds shall contain a traffic safety message. In order to maximize the effectiveness of the paid media, when marketing or advertising is included in subgrant activities, it shall be done only in conjunction with proven, effective countermeasures, and when the message of the media is designed to call attention to those countermeasures. Before incurring costs related to the paid media, a final draft of the media and media plan shall be submitted to the FDOT State Safety Office for review. Media plans should include the following: i.What program/policy the paid media is supporting; ii.How the paid media will be implemented to support an operational enforcement program whether it be a periodic crackdown/mobilization or an on-going saturation or roving patrol; iii.The amount allocated for paid media; iv.Anticipated creative costs associated with the paid media; and v.The measures that will be used to assess message recognition and penetration of the target audience. (c)Tagging. All subgrant funded public service announcements, marketing, and advertisements shall be tagged “Funding provided by the Florida Department of Transportation”, or “Funded by FDOT”, or FDOT logo, “Brought to you by ….” or “Provided by …” may also be used for this requirement. Television commercials must include a statement as set forth above. The name of the Subrecipient and its logo can appear on the paid media, if approved by the FDOT State Safety Office, but the names of individuals connected with the Subrecipient shall not appear when paid for with Federal highway safety funds, unless otherwise approved by the FDOT State Safety Office. (d)Prohibition of Gifts. Contractual agreements for marketing and advertising which include communications, public information, and paid media expenditures shall not include gifts as defined by Section 112.312, F.S., which includes items such as tickets, seats, food, travel, apparel, memorabilia, etc., to any representative of this Agreement or any of their traffic safety partners unless the item or service is regularly made available to the general public at no cost. 78.Public Information and Education Items. Public Information and Education Items are defined as materials whose purpose is to convey substantive information about highway safety. Paper, pamphlets, flash drives, CD- ROMs, and similar media that contain educational materials are all allowable because their purpose is to contain and convey educational information. In order to be considered educational, distributed material must provide substantial informational and educational content to the public (not merely a slogan) and have the sole purpose of conveying that information. If a Subrecipient chooses to provide educational content on a flash drive, CD- ROM, or similar device, that device must be an economical method of conveying the information. Before printing or ordering any public information and education items, a final draft or drawing of the items shall be submitted to the FDOT State Safety Office for review and written approval. Requests should include the following: (a)What public information or educational item is being requested; (b)What program/policy is the item supporting; (c)Who the target audience is; (d)How the item will be distributed; (e)Estimated unit cost(s) for the item; and (f)Current inventory levels (if any) of the item. The FDOT State Safety Office shall provide written approval for reimbursement if the items are appropriate for purchase under this Agreement. Copies and/or images of all public information and education items purchased with highway safety funds shall be attached to the forms requesting reimbursement for the items. SUB-2026-BoyntonBea-00417 Page 28 of 30 Amendment Number: Original 500-065-01 SAFETY 09/25 Project Title: Boynton Beach Speed and Aggressive Driving Initiative Project Number: SC-2026-00417 FDOT Contract Number: 106 Printed materials (tip cards, brochures, safety pledges, surveys, activity books, booklets, guides, etc.) can be freely distributed, however tangible items (helmets, DVDs, CD-ROMs, flash or thumb drives, reflective tape, etc.) require the person receiving the item to interact with the Subrecipient in some manner related to the goal of the Project in order to receive the item. Interaction includes attending a presentation, having a discussion with a program representative, signing a pledge sheet, filling out a survey form, answering a traffic safety question, etc. The results of this interaction must be reported in the performance report. Where feasible, either the Florida Department of Transportation logo or the words “Funding provided by the Florida Department of Transportation” or “Funded by FDOT” shall appear on or in all items. “Brought to you by” or “Provided by” may also be used for this requirement. The name of the Subrecipient and its logo can appear on any of the public information and education items. The names of individuals connected with the Subrecipient shall not appear on any printed materials, and advertisements paid for with highway safety funds. Per 2 CFR 200 and NHTSA Memo “Use of NHTSA Highway Safety Grant Funds for Certain Purchases” (dated May 18, 2016), use of NHTSA grant funds to purchase promotional items or memorabilia (backpacks, cups, flashlights, key chains, magnets, shirts, stickers, sunglasses, umbrellas, etc.) is prohibited and therefore unallowable under this Agreement. 79.Publication and Printing of Observational Surveys and Other Reports. (a)Review and Publication. During this Agreement period, but before publication or printing, the final draft of any report or reports required under this Agreement or pertaining to this Agreement shall be submitted to the FDOT State Safety Office for review and concurrence. After Agreement period has concluded, Subrecipients may publish after providing the FDOT State Safety Office with at least a 15-day prior written notice. (b)Discussion. Both written and oral releases are considered to be within the context of publication. However, there is no intention to limit discussion of the study with small technical groups or lectures to employees or students. Lectures that describe plans but discuss neither data nor results may be given to other groups without prior written approval. (c)Required Language. Each publication or other printed report covered by Paragraph 79(a) above shall include the following statement on the cover page: i.This report was prepared for the FDOT State Safety Office, Department of Transportation, State of Florida, in cooperation with the National Highway Traffic Safety Administration, U.S. Department of Transportation and/or Federal Highway Administration, U.S. Department of Transportation. ii.The conclusions and opinions expressed in these reports are those of the Subrecipient and do not necessarily represent those of the FDOT State Safety Office, Department of Transportation, State of Florida, and/or the National Highway Traffic Safety Administration, U.S. Department of Transportation and/or Federal Highway Administration, or any other agency of the State or Federal Government. 80.Safety Belt Policy. Each Subrecipient shall have a written safety belt policy, which is enforced for all employees. A copy of the policy shall be maintained by the Subrecipient and made available for review if requested. 81.Special Conditions. SUB-2026-BoyntonBea-00417 Page 29 of 30 Amendment Number: Original 500-065-01 SAFETY 09/25 Project Title: Boynton Beach Speed and Aggressive Driving Initiative Project Number: SC-2026-00417 FDOT Contract Number: 107 Part VI: Federal Financial Assistance (Single Audit Act) Federal resources awarded pursuant to this Agreement are as follows: CFDA Number and Title: ¨20.600 - State and Community Highway Traffic Safety Program (NHTSA 402 Funds) ¨20.614 - National Highway Traffic Safety Administration Discretionary Safety Grants (NHTSA 403 funds) ¨20.616 - National Priority Safety Program (NHTSA 405 Funds) ¨20.205 - Highway Planning and Construction (FHWA Federal Aid Highway Program) *Federal Funds Awarded:$50,000 Awarding Agency:Florida Department of Transportation Indirect Cost Rate:0% **Award is for R&D:No *The federal award amount may change with supplemental agreements **Research and Development as defined at 2 CFR §200.87 Federal resources awarded pursuant to this Agreement are subject to the following audit requirements: (a)2 CFR Part 200 - Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards www.ecfr.gov Federal resources awarded pursuant to this Agreement may also be subject to the following: (a)Federal Funding Accountability and Transparency Act (FFATA) System for Award Management (SAM) www.sam.gov (b)Infrastructure Investment and Jobs Act (IIJA) (Public Law 117-58) https://www.congress.gov/117/bills/hr3684/BILLS-117hr3684enr.pdf Federal Award Identification Number (FAIN):FAIN Award Date: SUB-2026-BoyntonBea-00417 Page 30 of 30 Amendment Number: Original 500-065-01 SAFETY 09/25 Project Title: Boynton Beach Speed and Aggressive Driving Initiative Project Number: SC-2026-00417 FDOT Contract Number: 108 City of Boynton Beach Agenda Item Request Form 6.B Consent Agenda 11/ 4/2025 Meeting Date: 11/ 4/2025 Proposed Resolution No. R25-283- Approving the City's application for the Identity Theft and Fraud Grant through the Florida Department of Law Enforcement (FDLE), Office of Criminal Justice Grants, for the 2025/2026 funding cycle; and, if awarded, authorize the Mayor to accept the Grant and execute all future documents associated with the grant, subject to approval by the City Attorney. Requested Action: Staff recommends approval of Proposed Resolution No. R25-283. Explanation of Request: The Police Department is in the process of pursuing grant funding through the Florida Department of Law Enforcement (FDLE), Office of Criminal Justice Grants, under the Identity Theft and Fraud Grant Program for the 2025/2026 funding cycle. The proposed grant request totals $10,000 and, if awarded, would be used to support the Department’s continued efforts to combat identity theft and fraud-related crimes, with a specific focus on protecting elderly residents who are often the most vulnerable to these offenses. * Previously awarded $10,000 in FY23/24 How will this affect city programs or services? If awarded, this grant funding would directly enhance the Police Department’s capacity to investigate and resolve identity theft and fraud cases, especially those affecting elderly residents. These types of crimes can have serious financial and emotional impacts on victims and often require specialized investigative approaches. By strengthening the Department’s response to these crimes, the grant would also indirectly support broader city programs focused on public safety, elder services, and community outreach. Account Line Item and Description: Grant accounts. Fiscal Impact: If awarded, the Police Department will receive $10,000 to improve our operations and better serve the community. 109 Attachments: R25-283 Agenda_Item_3812-2025_Resolution_for_Identity_Theft_and_Fraud_Grant.docx 110 RESOLUTION NO. R25-283 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, APPROVING THE CITY'S APPLICATION FOR THE 2 IDENTITY THEFT AND FRAUD GRANT PROVIDED BY THE FLORIDA 3 DEPARTMENT OF LAW ENFORCEMENT, OFFICE OF CRIMINAL JUSTICE 4 GRANTS FOR THE 2025-2026 FUNDING CYCLE, AND IF AWARDED, 5 AUTHORIZING THE MAYOR TO ACCEPT THE GRANT AND EXECUTE 6 ALL FUTURE DOCUMENTS ASSOCIATED WITH THE GRANT, SUBJECT 7 TO APPROVAL BY THE CITY ATTORNEY; AND FOR ALL OTHER 8 PURPOSES. 9 10 WHEREAS, the Police Department is in the process of pursuing grant funding through the 11 Florida Department of Law Enforcement (“FDLE”), Office of Criminal Justice Grants, under the 12 Identity Theft and Fraud Grant Program for the 2025/2026 funding cycle. The proposed grant 13 request totals $10,000, and if awarded, would be used to support the Department’s continued 14 efforts to combat identity theft and fraud-related crimes, with a specific focus on protecting 15 elderly residents who are often the most vulnerable to these offenses; and 16 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 17 best interests of the City's citizens and residents to approve the City's application for the Identity 18 Theft and Fraud Grant provided by FDLE, Office of Criminal Justice Grants, for the 2025-2026 19 funding cycle, and if awarded, authorize the Mayor to accept the Grant and execute all future 20 documents associated with the grant, subject to approval by the City Attorney. 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 23 BEACH, FLORIDA, THAT: 24 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 25 being true and correct and are hereby made a specific part of this Resolution upon adoption. 26 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 27 approve the City's application for the Identity Theft and Fraud Grant provided by the Florida 28 Department of Law Enforcement, Office of Criminal Justice Grants, for the 2025-2026 funding 29 cycle, and if awarded, authorize the Mayor to accept the Grant. 30 SECTION 3. The City Commission of the City of Boynton Beach, Florida, does hereby 31 authorize the Mayor to execute the Grant Agreement and any other documents associated with 32 111 RESOLUTION NO. R25-283 applying for and accepting the Grant that do not otherwise increase the financial obligations of 33 the City, subject to the approval of the City Attorney’s Office. 34 SECTION 4. This Resolution shall take effect in accordance with the law. 35 [SIGNATURES ON THE FOLLOWING PAGE] 36 37 112 RESOLUTION NO. R25-283 PASSED AND ADOPTED this ______________ day of ______________________________ 2025. 38 CITY OF BOYNTON BEACH, FLORIDA 39 YES NO 40 Mayor – Rebecca Shelton _____ _____ 41 42 Vice Mayor – Woodrow L. Hay _____ _____ 43 44 Commissioner – Angela Cruz _____ _____ 45 46 Commissioner – Thomas Turkin _____ _____ 47 48 Commissioner – Aimee Kelley _____ _____ 49 50 VOTE ______ 51 ATTEST: 52 53 _____________________________ ______________________________ 54 Maylee De Jesús, MPA, MMC Rebecca Shelton 55 City Clerk Mayor 56 57 APPROVED AS TO FORM: 58 (Corporate Seal) 59 60 _______________________________ 61 Shawna G. Lamb 62 City Attorney 63 113 City of Boynton Beach Agenda Item Request Form 6.C Consent Agenda 11/ 4/2025 Meeting Date: 11/ 4/2025 Proposed Resolution No. R25-284- Ratify the City's application for the Impaired Driving Grant through the Florida Department of Transportation (FDOT), for the 2025/2026 funding cycle, and authorize the Mayor to accept the Grant and execute all future documents associated with the grant, subject to approval by the City Attorney. Requested Action: Staff recommends approval of Proposed Resolution No. R25-284. Explanation of Request: The Florida Department of Transportation (FDOT) State Safety Office has selected the Boynton Beach Police Department’s (BBPD) concept paper for subgrant funding consideration in the FY 2025–2026 funding cycle under the Impaired Driving priority area. The anticipated funding, in the amount of $40,000, is allocated to support traffic enforcement overtime focused on high-crash and high-risk areas within the City. If formally awarded, this funding will enable the BBPD to conduct enforcement operations aimed at reducing impaired driving, particularly in locations with a high incidence of traffic fatalities and serious injuries. The BBPD has been a recipient of FDOT funding under this initiative in prior years, though the last award was received FY 2022 for $41,000. The continued partnership with FDOT supports the City’s ongoing efforts to enhance roadway safety and reduce traffic-related fatalities through proactive, data-driven enforcement. How will this affect city programs or services? This funding will support enhanced enforcement and education efforts aimed at reducing traffic crashes, fatalities, and injuries associated with impaired driving. BBPD will analyze crash data to identify high-frequency crash locations and strategically conduct enforcement operations in those areas. In addition to enforcement, BBPD will implement educational initiatives to increase public 114 awareness around traffic safety, with a focus on the dangers of impaired driving. Crash data will guide the development of outreach strategies, and special emphasis will be placed on engaging the community in targeted areas through the distribution of traffic safety information, resources, and guidance. Account Line Item and Description: Grant accounts - Grant funded overtime. Fiscal Impact: No fiscal impact, grant funded. Attachments: R25-284 Agenda_Item_3824-2025_Resolution_for_Impaired_Driving_Grant.docx Impaire Driving LetterOfSelection-2025 (5).pdf 115 RESOLUTION NO. R25-284 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, RATIFYING THE CITY'S APPLICATION FOR THE 2 IMPAIRED DRIVING GRANT PROVIDED BY THE FLORIDA 3 DEPARTMENT OF TRANSPORTATION FOR THE 2025-2026 FUNDING 4 CYCLE, AND AUTHORIZE THE MAYOR TO ACCEPT THE GRANT, IF 5 AWARDED, AND EXECUTE ALL FUTURE DOCUMENTS ASSOCIATED 6 WITH THE GRANT, SUBJECT TO APPROVAL BY THE CITY ATTORNEY; 7 AND FOR ALL OTHER PURPOSES. 8 9 WHEREAS, the Florida Department of Transportation (“FDOT”) State Safety Office has 10 selected the Boynton Beach Police Department’s concept paper for subgrant funding 11 consideration in the FY 2025–2026 funding cycle under the Impaired Driving priority area. The 12 anticipated funding, in the amount of $40,000, is allocated to support traffic enforcement overtime 13 focused on high-crash and high-risk areas within the city; and 14 WHEREAS, if formally awarded, this funding will enable the Police Department to conduct 15 enforcement operations aimed at reducing impaired driving, particularly in locations with a high 16 incidence of traffic fatalities and serious injuries; and 17 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 18 best interests of the City's citizens and residents to ratify the City's application for the Impaired 19 Driving Grant provided by FDOT for the 2025-2026 funding cycle, and authorize the Mayor to 20 accept the Grant, if awarded, and execute all future documents associated with the grant, subject 21 to approval by the City Attorney. 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 ratify the City's application for the Impaired Driving Grant provided by FDOT for the 2025-2026 29 funding cycle, and if formally awarded, authorizes the City to accept the Grant. 30 SECTION 3. The City Commission of the City of Boynton Beach, Florida, does hereby 31 authorize the Mayor to execute the Grant Agreement and any other documents associated with 32 116 RESOLUTION NO. R25-284 applying for and accepting the Grant that do not otherwise increase the financial obligations of 33 the City, subject to the approval of the City Attorney’s Office. 34 SECTION 4. This Resolution shall take effect in accordance with the law. 35 36 [SIGNATURES ON THE FOLLOWING PAGE] 37 38 117 RESOLUTION NO. R25-284 PASSED AND ADOPTED this ______________ day of ______________________________ 2025. 39 CITY OF BOYNTON BEACH, FLORIDA 40 YES NO 41 Mayor – Rebecca Shelton _____ _____ 42 43 Vice Mayor – Woodrow L. Hay _____ _____ 44 45 Commissioner – Angela Cruz _____ _____ 46 47 Commissioner – Thomas Turkin _____ _____ 48 49 Commissioner – Aimee Kelley _____ _____ 50 51 VOTE ______ 52 ATTEST: 53 54 _____________________________ ______________________________ 55 Maylee De Jesús, MPA, MMC Rebecca Shelton 56 City Clerk Mayor 57 58 APPROVED AS TO FORM: 59 (Corporate Seal) 60 61 _______________________________ 62 Shawna G. Lamb 63 City Attorney 64 118 September 20, 2025 Joseph DeGiulio City of Boynton Beach 2100 High Ridge Road Boynton Beach , Florida 33426 RE: FY2026 Highway Traffic Safety Concept Paper Selection - CPG-2026-BoyntonBea-00386 Dear Joseph DeGiulio: The Florida Department of Transportation (FDOT) State Safety Office is pleased to inform you that the following concept paper has been selected to receive subgrant funding in FY2026 for your traffic safety initiative. PLEASE NOTE: THIS IS NOT A NOTICE TO PROCEED WITH ANY ACTIVITIES OR PURCHASES ASSOCIATED WITH THE SELECTED CONCEPT PAPER. A separate subgrant agreement must be signed and executed by both your agency and the FDOT State Safety Office before any activity or purchases are authorized for reimbursement. Step-by-step instructions for subgrant development are provided later in this letter. Funding amounts allocated in FY2026 are based upon funding levels awarded to the State of Florida for the federal fiscal year by the National Highway Traffic Safety Administration (NHTSA) and may not be the same as the amount requested in your concept paper and does not mean that everything listed in the concept paper, including any equipment requests, were approved and/or funded. For FY2026 your agency applied for funding with the following Concept Paper Information: Concept Paper Number CPG-2026-BoyntonBea-00386 Implementing Agency Boynton Beach Police Department Project Title: Boynton Beach Impaired Driving Initiative Amount Requested $50,000 Florida Department of Transportation RON DESANTIS GOVERNOR 605 Suwannee Street Tallahassee, FL 32399-0450 JARED W. PERDUE, P.E. SECRETARY www.dot.state.fl.us Page 1 of 2 119 After a comprehensive review, CPG-2026-BoyntonBea-00386 was funded for FY2026 with the following project number, title, and funding levels below: FY2026 Project Number M5HVE-2026-00386 Implementing Agency Boynton Beach Police Department Project Title: Boynton Beach Impaired Driving Initiative Amount to be Awarded $40,000 Subgrant agreement forms are now accessible in the FDOT Traffic Safety Subgrant Management System and include guidance and program manager notes regarding anything that was unallowable or restricted. The following video link provides step-by-step instructions for accessing the forms and completing subgrant development and execution within the Subgrant Management System: “Congratulations, your concept has been selected! Here are the next steps required for subgrant development!” We look forward to working with you on this project. If you have any questions after reviewing the provided video instructions, please feel free to reach out the FDOT State Safety Office at 850-414-4017 and ask to speak with a Subgrant Program Manager. Additional information can also be found on our website at: https://www.fdot.gov/Safety/grants/grants-home.shtm. Sincerely, Chris Craig, CPM, FCCM Traffic Safety Administrator Florida Department of Transportation www.dot.state.fl.us Page 2 of 2 120 City of Boynton Beach Agenda Item Request Form 6.D Consent Agenda 11/ 4/2025 Meeting Date: 11/ 4/2025 Proposed Resolution No. R25-285- Approving the Facility Use Agreement between the City of Boynton Beach and the ALS Association, Inc. for the 2025 Walk to Defeat ALS Boynton on November 15, 2025, at Centennial Park and Amphitheater. Requested Action: Staff recommends approval of Proposed Resolution No. R25-285. Explanation of Request: The ALS Association is renting the Centennial Park and Amphitheater for the 2025 Walk to Defeat ALS Boynton Beach on Saturday, November 15th from 8:00 A.M. to 2:00 P.M. The event will take place from 8:00 A.M. to 12:00 P.M., and will include a one mile walk around the Town Square property. An estimated 200 attendees will be present. The City is partnering with The ALS Association to provide staff assistance for the event, including access to City Hall restrooms and Fire Rescue assistance for the walk portion of the event. Additionally, event staff will be on site to assist during the event. City of Boynton Beach, Boynton Beach Police Department, and Boynton Beach Fire Rescue Department logos will be used in the marketing documents provided by The ALS Association as outlined in the attached agreement. How will this affect city programs or services? There will be an influx of patrons in the Amphitheater space and library space during the duration of the rental, as well as road closures on E. Ocean Ave. and SE 1st Ave. Account Line Item and Description: NA Fiscal Impact: There is minimal fiscal impact as rental fees will be paid by the non-profit for the space. Attachments: R25-285 Agenda_Item_3873-2025_-_Resolution_to_Approve_Facility_Use_Agreement (1).docx Centennial_Park_-__Facility_Use_Agreement_ALS_WALK.pdf 121 RESOLUTION NO. R25-285 1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 2 BEACH, FLORIDA, APPROVING A FACILITY USE AGREEMENT BETWEEN 3 THE CITY OF BOYNTON BEACH AND THE ALS ASSOCIATION, INC. FOR 4 THE 2025 WALK TO DEFEAT ALS BOYNTON ON NOVEMBER 15, 2025, 5 AT CENTENNIAL PARK AND AMPHITHEATER; AND FOR ALL OTHER 6 PURPOSES. 7 8 WHEREAS, the City desires to provide entities with an opportunity to rent and use 9 Centennial Park and Amphitheater (“the Facility”) for events; and 10 WHEREAS, the ALS Association, Inc. has requested to rent the Facility for the 2025 Walk 11 to Defeat ALS Boynton Beach on Saturday, November 2025, from 8:00 AM to 2:00 PM; and 12 WHEREAS, the event will include a one-mile walk around the Town Square property with 13 an estimated 200 attendees; and 14 WHEREAS, the City will partner with the ALS Association, Inc. to provide staff assistance 15 for the event, including access to City Hall restrooms and Fire Rescue assistance for the walk; and 16 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 17 best interests of the City's citizens and residents to approve a Facility Use Agreement with The 18 ALS Association, Inc. for Centennial Park and Amphitheater. 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 20 BEACH, FLORIDA, THAT: 21 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 22 being true and correct and are hereby made a specific part of this Resolution upon adoption. 23 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 24 approve a Facility Use Agreement with The ALS Association, Inc. for Centennial Park and 25 Amphitheater. 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 law. 30 [SIGNATURES ON THE FOLLOWING PAGE] 31 122 RESOLUTION NO. R25-285 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 57 123 FACILITY USE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND ALS ASSOCIATION This Facility Use Agreement (“Agreement”) is made and entered into this 15 day of October, 2025 by the City of Boynton Beach and between ALS Association, a nonprofit, with a business address of 1300 Wilson Boulevard, Suite 600, Arlington, VA 22209 (hereinafter referred to as “Renter”) and CITY OF BOYNTON BEACH, a Municipal corporation, organized and existing under the laws of the State of Florida, with a business address of 100 E. Ocean Avenue Boynton Beach, FL 33435 (hereinafter referred to as City). The City and Renter may be referred to herein collectively as “Parties” or individually as a “Party.” WITNESSETH WHEREAS, the City owns and operates the Centennial Park & Amphitheater located at 120 East Ocean Avenue, Boynton, Florida (the “City Facility”); and WHEREAS, Renter desires to utilize the Centennial Park & Amphitheater for ALS Walk around Town Square (“the Event”); and WHEREAS, the City agrees to make the City Facility available to Renter for use in accordance with the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the covenants herein contained and other good and valuable considerations, the parties agree as follows: 1.Recitals. The foregoing recitals are true and correct and are hereby incorporated into this agreement. 2.Facility Usage Dates and Times. The City agrees to provide space at the City Facility to Renter on an as-available basis for the Event at the dates and time outlined in Exhibit A. Notwithstanding the foregoing; the City reserves the right to change the location of the Event, as may be necessary to accommodate any City-sponsored events or activities. Renter shall adhere to the City’s Holiday Calendar, which involves the closure of City Facilities, and shall not schedule any programming during these dates. 3.Right to Cancel Reservation. The City shall make its best efforts to secure the City Facility for use by Renter at the date and times described in Exhibit A; however, the City reserves the right to cancel any reservation fourteen (14) days before the scheduled use or upon an emergency where City locations must be closed or otherwise unavailable. 124 4.Renter Obligations: Renter shall use the City Facility only for the purposes described in Exhibit B. Renter shall not discriminate against any person or participant on the basis of race, color, sex, religion, origin, disability, age, marital status, political affiliation, sexual orientation, pregnancy, or gender identity and expression in the performance of this Agreement when using the City Facility. Renter shall provide equipment and supplies needed to operate the Event at the City Facility. Renter shall provide adequate qualified personnel to staff the Event. Renter is responsible for all Event setup, decoration, coordinating with vendors, and removal of all equipment following completion of the Event. Renter must provide a detailed site map and complete Vendor list at least thirty (30) days prior to then Event. Renter shall obtain any and all facility use or special events permits required for the Event and pay all associated fees. Renter is responsible for replacing City equipment and property damaged by the Event or any event participants, and will be responsible for the cost to repair or replace of each item. Renter shall comply with all applicable State, County, and/or City Emergency Executive Orders and Policies for the duration of the Agreement, including implementing the Centers for Disease Control and Prevention Guidelines. Renter shall provide the City with a copy of its safety plan and COVID-19 Policy upon request. 5.City Rights and Obligations: City agrees to make the City Facility available to Renter at the dates and times described in Exhibit A. The City has the authority to make changes to the use of approved space. The City will determine the specific space to be utilized at the City Facility. The City shall not relinquish the right to control the management of the City Facility during the term of the Agreement and will enforce all necessary rules, policies, and procedures established by the City of Boynton Beach. City staff may, at their discretion observe and monitor the actions of Renter during the Event. The City has the authority to evacuate the City Facility during Event when deemed necessary for the safety of the public, patrons, and guests. The City reserves the right, through its representatives, agents, and police, to eject any objectionable person/persons from the City Facility, and upon the exercise of this authority, and Renter hereby waives any rights and all claims for damages against the City. 6.Agreement Term. This Agreement shall commence on the Effective Date and automatically terminate thirty (30) days after the conclusion of the Event. 7.Rental Fee. As compensation for use of the City Facility, Renter shall pay the City the total amount of Six Thousand Two Hundred Twenty-Two Dollars ($6,222.00). 125 a.Application Fee: $50.00 PAID b.Amphitheatre Rental Fee: $1,500.00 PAID c.Event Staffing ($35/hour): $245.00 PAID i.Hours: 7 d.Boynton Beach Fire Rescue Fee: $1,200.00 PAID e.Boynton Beach Police Fee: $3,227.00 PAID 8.Payment Schedule. A nonrefundable booking deposit of fifty dollars ($50.00) shall be paid at the time the City Facility rental date is confirmed. Prior to the Tuesday before the Event, Renter shall make a final payment of One Thousand Seven Hundred Forty- Five Dollars ($1,745.00). The Fire Rescue Fee and Police Fee shall be invoiced and paid separately by the Departments. 9.Safety. Renter shall adhere to all health and safety wellness guidelines established by the City or any state, federal, or local agency during the Event. 10.Independent Contractor. Renter is an independent contractor of the City, and nothing in this Agreement shall constitute or create a partnership, joint venue, or any other relationship between the Parties. In utilizing the City Facility, neither Renter nor its agents shall act as officers, employees, or agents of the City. Renter shall not have the right to bind the City to any obligation not expressly undertaken by City under this Agreement. 11.Agreement Termination. 11.1 Termination for Convenience. Either Party may terminate this Agreement for convenience by providing the non-terminating Party with a thirty (30) calendar days written notice of termination. 11.2 Termination by Cause Renter discourteous actions/behavior towards patrons, participants, parents or staff. Renter’s failure to cooperate with Recreation and Parks Department or Events Department staff. Actions that bring negative publicity to the City of Boynton Beach. Illegal activities of Renter. Failure to comply with the public records requirements set forth in section 119.0701, Florida statues. Consumption or possession of tobacco or illegal substances on City Facility property. Assignment of this Agreement without prior written consent of the City. Failure to provide the City with a copy of insurance that covers Renter’s Event. 12.Indemnification. Renter shall indemnify and hold harmless the City, its elected and appointed officers, agents, employees, consultants, separate contractors, subcontractors, any of their subcontractors, from and against claims, demands, or cause of action 126 whatsoever, and the resulting losses, damages, cost, and expenses, including but not limited to attorneys’ fees, including paralegal expenses, liabilities, damages, orders, judgements, or decrees, sustained by the City arising out of or resulting from (A) Renter’s performance or breach of this Agreement, (B) acts or omission, negligence, recklessness, or intentional wrongful conduct by Renter, its agents, employees, subcontractors, participants, and volunteers, and (C) Renter’s failure to take out and maintain the insurance required by this Agreement. Renter 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 cost, judgements, and attorneys’ fees which may issue thereon. The obligations of this section shall survive indefinitely regardless of expiration or termination of this Agreement. 13. 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 constructed as consent by City to be sued by third parties in any matter arising out of this Agreement. 14. Insurance. Renter shall provide proof of Insurance in accordance with the requirements of Exhibit C attached hereto, listing the City of Boynton Beach as an Additional Insured and the Certificate Holder. No access to the City Facility for load-in, setup, or any Event- related activities shall be granted until the required Certificate of Insurance has been received and approved by the City. 15. Alcohol. Unless specifically permitted, no alcoholic beverages of any kind are permitted at the City Facility. If alcohol is permitted, Renter must:  Obtain all required licenses and permits from the State of Florida Division of Alcoholic Beverages and Tobacco;  Provide proof of liquor license at least fourteen (14) days prior to Event;  Provide licensed and insured bartenders/servers;  Implement responsible alcohol service procedures;  Ensure alcohol service ends at least thirty (30) minutes prior to Event conclusion  Provide security to monitor alcohol consumption and prevent service to minors  Additional Insurance. Events serving alcohol require additional liability insurance as specified in Section 14.  Compliance. Failure to comply with alcohol service requirements may result in immediate Event termination and forfeiture of all fees and deposits. 16. Governing Law and Venue. This Agreement shall be governed by and constructed in accordance with the laws of the State off Florida as now and hereafter in force. The exclusive venue for any lawsuits arising from relate to, or in connection with this Agreement shall be in the state courts if the Fifteenth Judicial Circuit in and for Palm Beach County, Florda. If any clam 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 AND 127 RIGHT IT MAY HAVE TO A TRAIL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. 17. Force Majeure. If the performance of this Agreement, or any obligation hereunder, is preventable 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, “Forced Majeure Event”), the Party so affected, upon giving prompt notice to the other Party, shall be excused from such performance to the extent if such prevention, provided that the affected Party shall first have taken reasonable steps to avoid and remove such cause or non-performance and shall continue to take reasonable steps to prevent and remove such cause , and shall promptly notify the other Party in writing and resume performance hereunder whenever such cases are removed; provide, 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. 18. 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 the City’s regulatory authority as a governmental body separate and apart from this Agreement and shall not be attributable in any manner to the City as a Party to this Agreement. 19. Binding Authority. Each person signing this Agreement on behalf of either Party individually warrants that they have the full legal power to execute the 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. Attorney’s Fees. If either Party sues to enforce this Agreement, each Party shall bear its own attorney’s fees and court cost. 21. Counterparts and Execution. This Agreement may be executed by electronic signature or by hand, 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 the 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. 22. Compliance with Laws. Renter hereby warrants and agrees that at all times materials to the Agreement, Renter shall perform its obligations in compliance with all applicable federal, state, and local laws, rules and regulations, including the American with Disabilities Act, 42 U.S.C. & 12101, Section 504 of the Rehabilitation Act 1973, and 128 Section 501.171, Florida Statues. Non-compliance may constitute a material breach of the Agreement. 23. Severability. If any provision of this Agreement or its application to any person or situation shall be held invalid or unenforceable to any extent, 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 be affected thereby and shall continue in full force and effect and be enforces to the fullest extent permitted by law. 24. Public Records. The City is a public agency subject to Chapter 119, Forida Statues. If applicable, The Volen Center shall comply with the requirements of Chapter 119, Florida Statues, with respect to any documents, papers, and records made or received by Renter in connection with this Agreement. If Renter has questions regarding the application of Chapter 119, Florida Statues, to Renter’s duty to provide public records relating to this Agreement, contact the custodial of public records, City Clerk Office, 100 East Ocean, Boynton Beach, Florida 33435, (561) 742-6060, CityClerk@bbfl.us. 25. Notice. Whenever any Party desires to give notice unto any other Party, it must be provided by written notice, sent by certified mail, with return receipt requested, addressed to the Party for whom it is intended and the remaining Party, at he places last specified, and the places for giving notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. For the present, the Parties designate the following as the respective places for giving notice: City: Daniel Dugger, City Manager City of Boynton Beach 100 East Ocean Ave, Boynton Beach, Florida 33435 Telephone No. (561) 742-6000 Copy To: Shawna Lamb, City Attorney City of Boynton Beach 100 East Ocean Ave, Boynton Beach, Florida 33435 Telephone No. (561) 742-6051 Renter: Sayidat Balogun Manager, Development Florida Phone Number: (305) 697-3931 129 26. Third-Party Beneficiaries. Neither Renter 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 to claim against either of them based upon the Agreement. 27. Entities of Foreign Concern. This section shall apply if Renter or any subcontractor will have access to an individual’s personal identifying information under this Agreement. Accordingly, Renter represents and certifies (i) Renter is not owned by the government of a foreign country of concern; (ii) the government of a foreign county of concern does not have controlling interest in Renter; and (iii) Renter 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 Renter or its subcontractors will have access to personal identifying information under this Agreement. Renter and any subcontractor that will have access to personal identifying information shall submit to City executed affidavit(ss) under penalty of perjury, in a form approved by City attesting that the entity does not meet any of the criteria in Section 287.138(2), Florida Statutes. Terms used in this section that are not otherwise defined in this Agreement shall have the meaning ascribed to such terms in Section 287.138, Florida Statutes. 28. Anti-Human Trafficking. On or before the Effective Date of the Agreement, Renter shall provide City with an affidavit attesting that the Renter does not use coercion for labor or services, in accordance with Section 787.06(13), Florida Statues. 29. Verification of Employment Eligibility. Renter represents that Renter, and each subcontractor has registered with and uses the E-Verify system maintained by the United State Department of Homeland Security to verify the work authorization status of all newly hired employees in compliance with the requirements of Section 44.095, Florida Statues, and that entry into this Agreement will not violate that statue. If Renter violates this section, City may immediately terminate this Agreement for cause, and Renter shall be liable for all cost incurred by City due to the termination. 30. Discriminatory Vendor and Scrutinized Companies Lists, Countries of Concern. Renter represents that it has not been placed on the discriminatory vendor list” as provided in Section 287.134, Florida Statues, and that it is not a “scrutinized company” pursuant to Section 215.473 or 215.4725, Florida Statues. Renter 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 Statues. 31. Prior Agreements. This Agreement represents the final and complete understanding of Parties regarding the subject matter of the Agreement and supersedes all prior and contemporaneous negotiations and discussion regarding same. All commitments, agreements, and understandings of the Parties concerning the subject matter of the Agreement are contained herein. 130 IN WITNESS OF THE FOREGOING, the Parties have set their hands and seal the day and year first written above: CITY OF BOYNTON BEACH, FLORIDA ALS ASSOCIATION [RENTER] _________________________________ ________________________________ Rebecca Shelton, Mayor Approved as to Form: __________________________________ (Signature) ________________________________ Print Name of Authorized Official ________________________________ Title City Attorney’s Office Attested/Authenticated: __________________________________ Maylee DeJesus, City Clerk (Corporate Seal) Attest/Authenticated: _________________________________ (Signature), Witness __________________________________ Print Name Allison Lardner SVP, Field Development 131 132 EXHIBIT A FACILITY USE DATES, TIMES AND AUTHORIZED SPACE Event Date(s): November 15, 2025 Event Times:  Setup: 6am  Event: 8am-2pm  Breakdown: 2pm Authorized Areas:  Main Amphitheater Stage  Amphitheater Seating Area  Park Grounds (specify area): Centennial  Parking Areas  Concession Areas (if applicable) Sound/Amplification:  Amplified sound permitted until: 2pm  Sound level restrictions: Must comply with City noise ordinances  Sound check permitted: N/A Utilities Provided:  Electrical access  Water access  Restroom facilities  Other: ________________________________ Special Requirements: Road closures: E. Ocean Ave to N Seacrest Blvd, N Seacrest Blvd to NE 1 st Ave, NE 1st Ave to NE 1st St, SE 1st Ave to S Seacrest Blvd. 133 EXHIBIT B EVENT DESCRIPTION Event Type: ALS Walk Expected Attendance: 200 Event Description: The ALS Association is renting the Centennial Park and Amphitheater for the 2025 Walk to Defeat ALS Boynton Beach on Saturday, November 15th from 8:00 A.M. to 2:00 P.M. The event will take place from 8:00 A.M. to 2:00 P.M., and will include a one mile walk around the Town Square property. An estimated 200 attendees will be present. The City is partnering with The ALS Association to provide staff assistance for the event, including access to City Hall restrooms and Fire Rescue assistance for the walk portion of the event. Additionally, event staff will be on site to assist during the event. City of Boynton Beach, Boynton Beach Police Department, and Boynton Beach Fire Rescue Department logos will be used in the marketing documents provided by The ALS Association as outlined in the attached agreement. Admission:  Free event  Ticketed event  Donation-based Vendors/Concessions:  None  Organization-operated  Third-party vendors Special Features:  Alcohol service (requires additional permits and insurance)  Fireworks or pyrotechnics (requires special permits)  Temporary structures (requires permits)  Other: ________________________________ 134 EXHIBIT C INSURANCE REQUIREMENTS 135 City of Boynton Beach Agenda Item Request Form 6.E Consent Agenda 11/ 4/2025 Meeting Date: 11/ 4/2025 Proposed Resolution No. R25-286- Amend various FY 2025-26 Capital Project accounts. Adjusting budgeted appropriations and revenue sources and providing spending authority for the Utility Capital Improvement Funds (403 & 404). Requested Action: Staff recommends approval of Proposed Resolution No. R25-286. Explanation of Request: The FY 2025-26 Budget was adopted on September 18, 2025. During the new fiscal year that started on October 1, 2025, available capital improvement budget from the prior fiscal year 2024-25 was identified during the month of October. This type of budget amendment is part of the annual budget process. The budget adjustment will increase the Fund’s total appropriation, which requires City Commission approval. The City’s capital projects may span multiple years and continue into the following year. Under best budgeting practices and governmental accounting standards, these funds should be re- appropriated to provide the continued spending authority for these projects. Accordingly, during FY 2025-26 budget modifications will be made to various Funds, see Exhibit A, and staff is requesting Commission approval. The Water & Sewer Utility Capital Funds will be amended for Fund 403 from $34,866,319 to $45,883,352 and Fund 404 from $2,000,000 to $3,340,400, due to prior year available project budget. How will this affect city programs or services? Allow for the continuance of good and appropriate budgeting practices. Budgeted Item: Yes Account Line Item and Description: Various accounts have been adjusted, see Exhibit A. Fiscal Impact: See Exhibit A for a summary of the fiscal impact Attachments: R25-286 Agenda_Item_3875-2025_Resolution_for_Budget_Adjustment.docx EXHIBIT A - FY25-26 Budget Rollover Amendment for PY24-25 Available Capital Budget.pdf R25-245 Budget.pdf 136 RESOLUTION NO. R25-286 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, AMENDING VARIOUS FISCAL YEAR 2025-2026 2 CAPITAL PROJECT ACCOUNTS, ADJUSTING BUDGETED 3 APPROPRIATIONS AND REVENUE SOURCES, AND PROVIDING 4 SPENDING AUTHORITY FOR THE UTILITY CAPITAL IMPROVEMENT 5 FUNDS (403 & 404); AND FOR ALL OTHER PURPOSES. 6 7 WHEREAS, the Fiscal Year 2025-2026 Budget was adopted on September 18, 2025. During 8 the new fiscal year that started on October 1, 2025, the available capital improvement budget 9 from the prior fiscal year 2024-2025 was identified during October. This type of budget 10 amendment is part of the annual budget process. The budget adjustment will increase the Fund’s 11 total appropriation, which requires City Commission approval; and 12 WHEREAS, the City’s capital projects may span multiple years and continue into the 13 following year. Under best budgeting practices and governmental accounting standards, these 14 funds should be re-appropriated to provide the continued spending authority for these 15 projects. Accordingly, during FY 2025-2026, budget modifications will be made to various Funds; 16 and 17 WHEREAS, the Water & Sewer Utility Capital Funds will be amended for Fund 403 from 18 $34,866,319 to $45,883,352 and Fund 404 from $2,000,000 to $3,340,400 due to the prior year's 19 available project budget; and 20 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 21 best interests of the City's citizens and residents to amend various Fiscal Year 2025-2026 Capital 22 Project accounts, adjusting budgeted appropriations and revenue sources, and providing 23 spending authority for the Utility Capital Improvement Funds (403 & 404). 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 amend various Fiscal Year 2025-2026 Capital Project accounts, adjusting budgeted appropriations 31 137 RESOLUTION NO. R25-286 and revenue sources, and providing spending authority for the Utility Capital Improvement Funds 32 (403 & 404), as further described in Exhibit A, attached hereto. 33 SECTION 3. This Resolution shall take effect in accordance with the law. 34 35 [SIGNATURES ON THE FOLLOWING PAGE] 36 37 138 RESOLUTION NO. R25-286 PASSED AND ADOPTED this ______________ day of ______________________________ 2025. 38 CITY OF BOYNTON BEACH, FLORIDA 39 YES NO 40 Mayor – Rebecca Shelton _____ _____ 41 42 Vice Mayor – Woodrow L. Hay _____ _____ 43 44 Commissioner – Angela Cruz _____ _____ 45 46 Commissioner – Thomas Turkin _____ _____ 47 48 Commissioner – Aimee Kelley _____ _____ 49 50 VOTE ______ 51 ATTEST: 52 53 _____________________________ ______________________________ 54 Maylee De Jesús, MPA, MMC Rebecca Shelton 55 City Clerk Mayor 56 57 APPROVED AS TO FORM: 58 (Corporate Seal) 59 60 _______________________________ 61 Shawna G. Lamb 62 City Attorney 63 139 Exhibit A 2025/26 2025/26 AMENDMENT ADOPTED AMENDED related to BUDGET Revenue Budget BUDGET PROJECT NUMBER Project Name / Comments/ Vendor UTILITY FUND CAPITAL IMPROVEMENT FUND 403-0000-334.31-02 WATER SUPPLY 1,158,034$ 1,339,644$ 2,497,678$ 403-0000-389.92-00 NET ASSETS APPROPR 1,208,285$ 9,677,390$ 10,885,675$ Adopted Fund Total Revenues 34,866,319$ 11,017,033$ 45,883,352$ 403-5000-533.65-02 R&R - WATER 14,450,000$ 127,315$ 14,577,315$ UC2102 Coquina Cove Water Improvements 403-5000-533.65-02 R&R - WATER 1,179,033 15,756,348 WT1802 Water Dist. System Annual R&R (0.43% of system annually) 403-5000-533.65-02 R&R - WATER 107,576 15,863,923 WT2315 Water Meter Replacements 403-5000-533.65-02 R&R - WATER 87,198 15,951,121 WT2104 West Wellfield Electrical (Wells 4, 5, 7, & 8 Restoration) 403-5000-533.65-02 R&R - WATER 175,000 16,126,121 WT2325 EWTP & Harmening Park Parking Lot Improvements 403-5000-533.65-02 R&R - WATER 250,000 16,376,121 WT2503 East Plant Fiber Refurbishment 403-5000-533.65-02 R&R - WATER 421,300 16,797,421 WT2102 West WTP R&R 403-5000-533.65-02 R&R - WATER 500,000 17,297,421 WT2103 East WTP R&R 403-5000-533.65-02 R&R - WATER 337,504 17,634,925 WT2303 Admin Bldg. Remodel 403-5000-533.65-02 R&R - WATER 167,455 17,802,381 WT2304 Water Plant Security-West 403-5000-533.65-02 R&R - WATER 105,000 17,907,381 WT2305 Water Plant Security-East 403-5000-533.65-02 R&R - WATER 45,029 17,952,409 WT2316 EWTP HSP 5 & 6 Improvements 403-5000-533.65-02 R&R - WATER 36,957 17,989,366 WT2505 UT Op Bldg-Elev 403-5000-533.65-02 R&R - WATER 36,957 18,026,323 WT2506 WWTP-Elevator R 403-5000-533.65-02 R&R - WATER 155,001 18,181,324 WT2507 #334 WWTP AC Repl. 403-5000-533.65-02 R&R - WATER 275,239 18,456,563 WT2508 #334 Adm Bldg AC Repl. 403-5000-533.65-02 R&R - WATER 148,989 18,605,552 WT1605 New Lab Building (Water Quality Facility/AC Upgrade) - Funding Source 1 403-5000-533.46-91 SOFTWARE MAINTENANCE - 100,000 100,000 WT2509 Data Migrat. & Sprypoint 403-5000-535.65-04 R&R - SEWER 15,400,000$ 222,904$ 15,622,904$ UC2102 Coquina Cove Wastewater Improvements 403-5000-535.65-04 R&R - SEWER 52,578 15,675,482 SW1602 Replace Sewer Trmt Plant Beach Plant Replacement 403-5000-535.65-04 R&R - SEWER 708,008 16,383,489 SW1801 Sewer System Pipes & Manholes R&R (Gravity) 403-5000-535.65-04 R&R - SEWER 897,612 17,281,101 SW2202 Lift Station 317 Major Upgrade - Construction 403-5000-535.65-04 R&R - SEWER 80,266 17,361,367 SW2503 LS309 Pump #1 Replacement 403-5000-535.65-04 R&R - SEWER 190,000 17,551,367 SW2505 Pump St. #409 #504 #805 403-5000-536.65-11 WASTEWATER REUSE 150,000$ 50,000 200,000 RE2201 Reclaimed R&R 403-5000-536.31.90 PROFESSIONAL SERVICES 450,000 900,000 1,350,000 US2308 Asset Management Services 403-5000-538.65-09 R&R - STORMWATER 3,000,000$ 150,000 3,150,000 UC1802 Dimick & Potter Utility Stormwater Improvements 403-5000-538.65-09 R&R - STORMWATER 237,066 3,387,066 UC2102 Coquina Cove Stormwater Improvements 403-5000-538.65-09 R&R - STORMWATER 2,821,965 6,209,031 UC2103 SE 1st. - Central Seacrest Corridor (Phase 3) - Stormwater 403-5000-538.65-09 R&R - STORMWATER 36,084 6,245,115 SW2506 Tide Valve Install 403-5000-538.65-09 R&R - STORMWATER 200,000 6,445,115 ST2301 Quantum PK-StormW CIPP PR 403-5000-538.65-09 R&R - STORMWATER 15,000 6,460,115 ST2404 430 Hoadley Rd 403-5000-538.65-09 R&R - STORMWATER 200,000 6,660,115 ST2501 CIPP Campanelli Blvd/Ga Adopted Fund Total Expenditures 34,866,319$ 11,017,033$ 45,883,352$ UTILITY FUND 404 - CAPITAL EXPANSION 404-0000-369.39-01 ILA - TOWN OF GULFSTREAM -$ 1,340,400$ 1,340,400$ Adopted Fund Total Revenues 2,000,000$ 1,340,400$ 3,340,400$ 404-5000-533.65-02 R&R - WATER 2,000,000$ 1,340,400$ 3,340,400$ WT2414 SE 36th Ave. Improvements - Water - Gulfstream Adopted Fund Total Expenditures 2,000,000$ 1,340,400$ 3,340,400$ CITY OF BOYNTON BEACH CAPITAL APPROPRIATION AMENDMENTS BUDGET YEAR 2025-26, Commission Meeting 11/04/25 Amendment \\Fps\main\SHRDATA\Finance\Budget Amendments and Transfers\FY2025-26\FY2024-25 Prior Year Avilable Budget & Encumb\FY25-26 Budget Rollover Amendment for PY24-25 Available Capital Budget.xlsxAmendment Worksheet1 10/24/20254:29 PM140 1 RESOLUTION R25-245 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 ADOPTING A FINAL BUDGET FOR THE FISCAL YEAR 5 BEGINNING OCTOBER 1, 2025, AND ENDING SEPTEMBER 30, 6 2026; PROVIDING FOR SEVERABILITY, CONFLICTS, AND AN 7 EFFECTIVE DATE. 8 9 WHEREAS, in accordance with Florida Statutes, a final budget has been prepared by 10 the City Manager estimating expenditures, transfers, and revenues of the City of Boynton 11 Beach for the ensuing year, with detailed information, including revenues to be derived from 12 sources other than the ad valorem tax levy, and he has made recommendations as to the 13 amount necessary to be appropriated for the ensuing year; and 14 WHEREAS, in accordance with section 200.065, Florida Statutes, the City Commission 15 of the City of Boynton Beach has conducted a public hearing on the City's final budget and 16 the millage rate for the 2025-2026 fiscal year. 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 18 BOYNTON BEACH, FLORIDA: 19 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 20 being true and correct and are hereby made a specific part of this Resolution upon adoption 21 hereof. 22 Section 2. The final budget of the City of Boynton Beach, Florida, for the fiscal 23 year beginning October 1, 2025, and ending September 30, 2026, a copy of which is attached 24 hereto as Exhibit A, is hereby adopted, and the appropriations set out therein are hereby 25 made to maintain and carry on the government of the City of Boynton Beach, Florida. 26 Section 3. There is hereby appropriated the sum of$136.605.950 to the General 27 Fund for the payment of operating expenditures, transfers to other funds, and necessary 28 capital outlays for the City Government pursuant to the terms of the above budget. 29 Section 4. That there is hereby appropriated the sum of$9,916,806 to the Traffic 30 Safety Special Revenue Fund for the payment of operating expenditures, transfers to other 31 funds, and necessary capital outlays. 32 Section 5. That there is hereby appropriated the sum of $1.150,470 to the Local 33 Option Gas Tax Special Revenue Fund for the payment of operating expenditures,transfers 1 141 34 to other funds, and necessary capital outlays. 35 Section 6. That there is hereby appropriated the sum of $286.489 to the 36 Community Improvements Special Revenue Fund for the payment of operating 37 expenditures, transfers to other funds, and necessary capital outlays. 38 Section 7. That there is hereby appropriated the sum of $372,041 to the Green 39 Building Fund for the payment of operating expenditures, transfers to other funds, and 40 necessary capital outlays 41 Section 8. That there is hereby appropriated the sum of $5,476,655 to the 42 Building Special Revenue Fund for the payment of operating expenditures, transfers to 43 other funds, and necessary capital outlays. 44 Section 9. That there is hereby appropriated the sum of $377,698 to the Public 45 Arts Special Revenue Fund for the payment of operating expenditures, transfers to other 46 funds, and necessary capital outlays. 47 Section 10. That there is hereby appropriated the sum of $424.316 to the 48 Recreation Program Special Revenue Fund for the payment of operating expenditures, 49 transfers to other funds, and necessary capital outlays. 50 Section 11. That there is hereby appropriated the sum of$12.035.385 to the Public 51 Service Tax Debt Service Fund for the purpose of payment of operating expenditures, 52 transfers to other funds, and the principal and interest due on the public service tax bonds 53 of the City not subject to statutory exemptions and for redeeming such bonds as they mature. 54 Section 12. That there is hereby appropriated the sum of $32,435,599 to the 55 General Capital Improvement Capital Projects Fund for the payment of transfers to other 56 funds and capital outlays pursuant to the terms of the above budget. 57 Section 13. That there is hereby appropriated the sum of $6,699,056 to the Local 58 Government Surtax Capital Projects Fund for the payment of transfers to other funds and 59 capital outlays pursuant to the terms of the above budget. 60 Section 14. That there is hereby appropriated the sum of$700,523 to the Parks& 61 Recreation Facilities Trust Fund for the payment of transfers to other funds and capital 62 outlays pursuant to the terms of the above budget. 63 Section 15. That there is hereby appropriated the sum of$74,214,216 to the Water 2 142 64 and Sewer Utility Enterprise Fund for operating expenditures, debt service, transfers to 65 other funds, and necessary capital outlay. 66 Section 16. That there is hereby appropriated the sum of$36,866,319 to the Water 67 and Sewer Utility Capital Improvement Enterprise Fund for the payment of capital outlays 68 pursuant to the terms of the above budget. 69 Section 17. That there is hereby appropriated the sum of $4,167,547 to the Golf 70 Course Enterprise Fund for operating expenditures, transfer to other funds, and necessary 71 capital outlays. 72 Section 18. That there is hereby appropriated the sum of $6.800.082 to the Golf 73 Course CIP Fund for the payment of capital outlays pursuant to the terms of the above 74 budget. 75 Section 19. That there is hereby appropriated the sum of$17,267,410 to the Solid 76 Waste Enterprise Fund for the payment of operating expenditures, transfers to other funds, 77 and necessary capital outlays. 78 Section 20. That there is hereby appropriated the sum of $10,360,535 to the Fleet 79 Maintenance Internal Service Fund for the payment of operating expenditures, transfers to 80 other funds, and necessary capital outlays. 81 Section 21. That there is hereby appropriated the sum of $654,590 to the 82 Materials&Distribution Internal Service Fund for the payment of operating expenditures, 83 transfers to other funds, and necessary capital outlays. R4 Section 22. That there is hereby appropriated the sum of $7.296.326 to the Self- 85 Insurance Internal Service Fund for the payment of operating expenditures, transfers to 86 other funds, and necessary capital outlays. 87 Section 23. That there is hereby appropriated the sum of $1,751,015 to the 88 Benefits Fund for the payment of operating expenditures, transfers to other funds, and 89 necessary capital outlays. 90 Section 24. That there is hereby appropriated the sum of $978,336 the Cemetery 91 Special Revenue Fund for the payment of operating expenditures, transfers to other funds, 92 and necessary capital outlays. 93 Section 25. That there is hereby appropriated the sum of $81 the Police Impact 3 143 94 Trust Fund for the payment of operating expenditures, transfers to other funds, and 95 necessary capital outlays. 96 Section 26.That there is hereby appropriated the sum of $3,495,000 the Mobility 97 Fund for the payment of operating expenditures, transfers to other funds, and 98 Section 27.That there is hereby appropriated the sum of $60,000 the Utility 99 Underground Fund for the payment of operating expenditures,transfers to other funds, and 100 Section 28. All delinquent taxes collected during the ensuing fiscal year as 101 proceeds from levies of operation millage of prior years are hereby specifically appropriated 102 for the use of the General Fund. 103 Section 29. For all funds, appropriations for the 2024-2025 fiscal year, which are 104 encumbered but unexpended as of the last day of the fiscal year, shall be re-appropriated for 105 the same purpose for the 2025-2026 fiscal year. 106 Section 30. If any clause, section, or other part of this Resolution shall be held by 107 any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional 108 or invalid part shall be considered as eliminated and shall in no way affect the validity of the 109 remaining portions of this Resolution. 110 Section 31. All Resolutions or parts of Resolutions in conflict herewith are hereby 111 repealed to the extent of such conflict. 112 Section 32. This Resolution shall become effective immediately upon passage, but 113 the budget adopted hereby shall take effect as of October 1, 2025. 114 4 144 c i(auaollyAIDZtL qweieUMegsWI tribrA/Pir080.2d - _Ott 76£I• f ;' OZ6ZleasaaeaodaoD) 8UI W210301SV43A021ddb' 431d2I0d2i0NI IiiJ% 1v '• aS .rf9E1 Jo(ew IIl' '; baoa;°P .0: aa13 (l!DCE uollagse»ag9a21NODdI," W 'snsafaaliCewtEl TOoviI 7-qiI I 1S311d0£I O-_. 310A6ZI 8ZI uppn1sewogl-Jauo!ss!wwoDLZI 9ZI Aalla)laaw!V-Jauo!ss!wwoJSZI 1 i7zI znajela6uy-Jauo!ss!wwoDEZI ZZI Ie-J1MoapooM-JoAewap!AIZI OZI IuollaLS e»agab -JoAew611 811 ONS31LII OI2iol3 '1-0V39N01NA0930AID911 SZOZaagwa}das }oAep1-118Ls!q; a3ldOadaNba3SSVdcit 145 CITY OF BOYNTION BEACH,FIARIIJA 2025 - 2026 PROPOSED BL7D 3ET ALI.-FUNDS APPROPRIATION SUMMARY 2024-25 2025-26 FY25-26 Proposed Vorlcmce AMENDED TENTATIVE of vs FY24-25 Amid of Inc. (Dec.) BUDGET BUDGET All FUnds os o GENERAL FUND TOTAL GENERAL FUND 132,800,120 136,605,950 36.9% 3,805,830 2.9% ENTERPRISE FUNDS WATER E. SEWER FUND 62,701.624 74,214,216 20.0% 11,512.592 18.4% SOLID WASTE 16.540,029 17,267.410 4.7% 727.381 4.4% GOLF COURSE 3,813,150 4,167.547 1.1% 354,397 9.3% TOTAL ENTERPRISE FUNDS 83,054,803 95,649,173 JNTERNAL SERVICE FUNDS FLEET MAINTENANCE 26,783,338 10.360,535 2.8% 16.422,803) 61.3% MATERIALS E. DISTRIBUTION (Werahouso) 572,062 654,590 0.2% 82.528 14.4% RISK MANAGEMENT 6,905.031 7,296,326 2.0% 391,295 5.7% BENEFITS FUND 1,969,003 1.751,015 0.5% 217,988) 11.1% TOTAL INTERNAL SERVICE FUNDS 36,229,434 20,062,466 SPECIAL REVENUE FUNDS TRAFFIC SAFETY 9,711,402 9,916,806 2.7% 205,404 2.1% LOCAL OPTION GAS TAX 1,150,646 1,150,470 0.3%1 76) 0.0% BUILDING FUND 4,685,328 5,476,655 1.5% 791,327 16.9% GREEN BUILDING FUND 100.035 372,041 0.1% 272,006 271.9% POLICE IMPACT TRUST FUND 200,000 81 0.096 199,919) 100.0% MOBILITY FUND 3.495.000 0.9% 3,495,000 0.0% UTILITY UNDERGROUNDING FUND 60,000 0.0% 60,000 0.0% PUBLIC ARTS 519,606 377.698 0.196 141,908) 27.3% COMMUNITY IMPROVEMENTS 270,361 286,489 0.1% 16,128 6.0% RECREATION PROGRAM REVENUE 411,377 424,316 0.1% 12,939 3.1% CEMETERY 563,385 978,336 0.3% 414,951 73.7% TOTAL SPECIAL REVENUE FUNDS 17,612,140 22,537,892 CAPITAL IMPROVEMENT PROJECTS PARKS & RECREATION TRUST 1,280,087 700,523 0.296 579,564) 45.3% GOLF FUND CIP 380,108 6.800.082 1.8% 6,419,974 1689.0% GENERAL GOVERNMENT CIP 24,094,782 32.435,599 8.8%8,340,817 34.6% GENERAL GOVERNMENT- SURTAX 9,283,514 6,699,056 1.8%2,584,458) 27.8% UTILITY 71,625.607 36,866,319 10.096 34,759,288) 48.5% TOTAL CAPITAL IMPROVEMENT PROJECTS 106,664,098 83,501,579 DEBT SERVICE FUNDS TOTAL DEBT SERVICE FUNDS 12,036,834 12,035,385 3.2% 1,449) 0.0% TOTAL PROPOSED FOR ALL FUNDS 388.397.429 $ 370,392,445 100.0% 18,004,984) 4.6% 146 City of Boynton Beach Agenda Item Request Form 6.F Consent Agenda 11/ 4/2025 Meeting Date: 11/ 4/2025 Proposed Resolution No. R25-291- Approve the updated legal description for a small, city-owned parcel of land located at the southeast corner of NE 1st Avenue and NE 4th Street, previously approved for disposition through Resolution R25-232 at the 9/2/2025 Commission Meeting. Requested Action: Staff recommends approval of Proposed Resolution No. R25-291. Explanation of Request: The City Commission previously declared a City-owned sliver of land surplus and authorized its disposition for the Pierce project. While preparing and processing the quit claim deed, the surveyor provided the updated legal description of the property. The new legal description is as follows: 5' x 95’ piece of real property generally located at the southeast corner of NE 1st Avenue and NE 4th Street, Boynton Beach, FL. THE NORTH 5 FEET OF LOTS 6 AND 7, BLOCK 6 (ORIGINAL, TOWN OF BOYNTON, A SUBDIVISION OF THE CITY OF BOYNTON BEACH, FLORIDA, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT, RECORDED IN PLAT BOOK 1, PAGE 23 LESS THE WEST 5’. This resolution updates the legal description and ratifies the disposition. How will this affect city programs or services? There will be no impact to City programs or services. Account Line Item and Description: 001-0000-369.30-00, OTHER MISC. REVENUE / REAL ESTATE SALES Fiscal Impact: There is no fiscal impact other than the acceptance of the LOI of $100. 147 Attachments: R25-291 Agenda_Item_3945- 2025_Resolution_for_city_parcel_legal_description_correction.docx R25-232 5' Slivers - Affidavit AFDEV.pdf Pierce Project Quit Claim Deed - CLEAN.pdf 148 RESOLUTION NO. R25-291 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, APPROVING THE CORRECTION OF THE LEGAL 2 DESCRIPTION AND MEASUREMENT OF A CITY-OWNED PARCEL 3 LOCATED AT THE SOUTHEAST CORNER OF NE 1ST AVENUE AND NE 4TH 4 STREET FOR THE CONVEYANCE OF PROPERTY FROM THE CITY TO BB 5 QOZ, LLC; AND FOR ALL OTHER PURPOSES. 6 7 8 WHEREAS, the City Commission found and determined that the City-owned parcel, 9 measuring 5' x 45', located at the southeast corner of NE 1st Avenue and NE 4th Street, was not 10 needed for City purposes and declared such property to be a surplus and available for disposition, 11 and approved the conveyance of the City-owned parcel, from the City to BB QOZ LLC, approved 12 by Resolution No. R25-232; and 13 WHEREAS, a survey of the parcel was conducted, and the surveyor provided an updated 14 legal description of the parcel; and 15 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 16 best interests of the City's citizens and residents to approve the correction of the legal description 17 and measurement of a City-Owned Parcel located at the Southeast Corner of NE 1st Avenue and 18 NE 4th Street for the conveyance of property from the City to BB QOZ, LLC. 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 21 BEACH, FLORIDA, THAT: 22 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 23 being true and correct and are hereby made a specific part of this Resolution upon adoption. 24 SECTION 2. The correct parcel information and legal description are as follows: 25 5' x 95’ piece of real property generally located at the southeast corner of NE 1st Avenue and NE 26 4th Street, Boynton Beach, FL. 27 THE NORTH 5 FEET OF LOTS 6 AND 7, BLOCK 6 (ORIGINAL, TOWN OF BOYNTON, A SUBDIVISION 28 OF THE CITY OF BOYNTON BEACH, FLORIDA, ACCORDING TO THE PLAT THEREOF ON FILE IN 29 THE OFFICE OF THE CLERK OF THE CIRCUIT COURT, RECORDED IN PLAT BOOK 1, PAGE 23 LESS 30 THE WEST 5’. 31 149 RESOLUTION NO. R25-291 SECTION 3. The City Commission hereby approves the correction of the legal 32 description and measurement of a City-Owned Parcel located at the Southeast Corner of NE 1st 33 Avenue and NE 4th Street for the conveyance of property from the City to BB QOZ, LLC. 34 SECTION 4. This Resolution shall take effect in accordance with the law. 35 [SIGNATURES ON THE FOLLOWING PAGE] 36 37 150 RESOLUTION NO. R25-291 PASSED AND ADOPTED this ______________ day of ______________________________ 2025. 38 CITY OF BOYNTON BEACH, FLORIDA 39 YES NO 40 Mayor – Rebecca Shelton _____ _____ 41 42 Vice Mayor – Woodrow L. Hay _____ _____ 43 44 Commissioner – Angela Cruz _____ _____ 45 46 Commissioner – Thomas Turkin _____ _____ 47 48 Commissioner – Aimee Kelley _____ _____ 49 50 VOTE ______ 51 ATTEST: 52 53 _____________________________ ______________________________ 54 Maylee De Jesús, MPA, MMC Rebecca Shelton 55 City Clerk Mayor 56 57 APPROVED AS TO FORM: 58 (Corporate Seal) 59 60 _______________________________ 61 Shawna G. Lamb 62 City Attorney 63 151 RESOLUTION NO. R25-232 1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 2 BEACH, FLORIDA, APPROVING THE CONVEYANCE OF A CITY-OWNED 3 PARCEL, MEASURING 5' X 45', LOCATED AT THE SOUTHEAST CORNER 4 OF NE 1ST AVENUE AND NE 4TH STREET FROM THE CITY TO BB QOZ, 5 LLC; AND FOR ALL OTHER PURPOSES. 6 7 8 WHEREAS, during the plat approval process for the Pierce Project, a small parcel of city- owned land was identified as necessary for the completion of the project's plat. This parcel, 10 measuring 5' x 45', is located at the southeast corner of NE 1st Avenue and NE 4th Street. It was l discovered that while the rest of the land was dedicated to the CRA, this specific sliver was 12 dedicated to the City of Boynton Beach; and 13 WHEREAS, on August 7, 2025, the City received a Letter of Intent (LOI) from Affiliated 14 Development, on behalf of BB QOZ, LLC, expressing interest in purchasing this land. The sale of 15 this property is crucial for BB QOZ, LLC to complete the plat for the Pierce Project; and 16 WHEREAS, according to Chapter 2, Article IV, Section 2-56(c) of the City of Boynton Beach 17 Code of Ordinances, the City Commission has the authority to sell city-owned property when it is 18 determined to be in the best interest of the City; and 19 WHEREAS, the property is not needed for City purposes and the City declares such 20 property to be a surplus and available for disposition; 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 conveyance of a City-owned 23 parcel, measuring 5' x 45', located at the southeast corner of NE 1st Avenue and NE 4th Street 24 from the City to BB QOZ, LLC. 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 27 BEACH, FLORIDA, THAT: 28 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 29 being true and correct and are hereby made a specific part of this Resolution upon adoption. 30 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 31 find and determine that the City-owned parcel, measuring 5' x 45', located at the southeast corner 152 RESOLUTION NO. R25-232 32 of NE 1st Avenue and NE 4th Street, is not needed for City purposes and hereby declares such 33 property to be a surplus and available for disposition. 34 SECTION 3. The City Commission of the City of Boynton Beach, Florida, does hereby 35 approve the conveyance of a City-owned parcel, measuring 5' x 45', located at the southeast 36 corner of NE 1st Avenue and NE 4th Street from the City to BB QOZ LLC. 37 SECTION 4. The City Commission of the City of Boynton Beach, Florida, hereby 38 authorizes the Mayor to execute the LOI, Purchase and Sale Agreement, deed, and any ancillary 39 documents necessary to effectuate the conveyance of property, subject to approval by the City 40 Attorney's Office. 41 SECTION 5. This Resolution shall take effect in accordance with the law. 42 43 44 45 SIGNATURES ON THE FOLLOWING PAGE] 46 153 RESOLUTION NO. R25-232 rLQ 47 PASSED AND ADOPTED this 0072 day of .. _,1)-.\-ember- 2025. 48 CITY OF BOYNTON BEACH, FLORIDA 49 YES NO 50 Mayor- Rebecca Shelton A 6er'SY' st 52 Vice Mayor-Woodrow L. Hay 53 f 54 Commissioner-Angela Cruz 55 56 Commissioner-Thomas Turkin 57 58 Commissioner-Aimee Kelley 59 960VOTE D 61 ATTES 62 i 63 i i l—='-' .1'j ' 64 Maylee De : us, MPA, M. C Rebecca Shelton 65 City Cler Mayor 66 s3OYNTp N 67 O c,ORP RAIF•..`I APPROVED AS TO FORM: 68 (Corporate Seal) f SEAL ....`1 $ 69INCORPORATED: i 70 1920 AzuMO 71 t t Shawna G. Lamb FLORID..s72 City Attorney L 154 155 156 PREPARED BY AND RETURN TO: Stacey R. Weinger, Esq. City Attorney’s Office City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, Florida 33435 QUITCLAIM DEED THIS QUITCLAIM DEED is made this __28___ day of ___October___________, 2025, by and between: GRANTOR: CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation 100 E. Ocean Avenue Boynton Beach, Florida 33435 And GRANTEE: BB QOZ, LLC, a Florida limited liability company 613 NW 3rd Ave., Ste. 104 Fort Lauderdale, FL 33311 WITNESSETH: WHEREAS, the Grantor is the owner of a certain 5' x 95’ piece of real property generally located at the southeast corner of NE 1st Avenue and NE 4th Street, in Boynton Beach, in Palm Beach County, Florida, more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, Grantee is developing a parcel of land, and during the plat approval process for the Pierce Project, the Property was identified as necessary for the completion of the project's plat; and WHEREAS, the City Commission of the City of Boynton Beach declared the Property as surplus, and approved the conveyance of the Property pursuant to Resolution No. R25-232 adopted on September 2, 2025, a copy of which is attached hereto as Exhibit B; and WHEREAS, the Grantor desires to convey to Grantee all of its right, title, and interest in and to the Property. NOW, THEREFORE, in consideration of the sum of Hundred Dollars ($100.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Grantor does hereby remise, release, and quitclaim unto the Grantee, and Grantee's heirs, successors, and assigns forever, all right, title, and interest which the Grantor has in and to the Property. 157 TO HAVE AND TO HOLD the same, together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, and claim whatsoever of the Grantor, either in law or equity, to the only proper use, benefit, and behalf of the Grantee forever. This conveyance is subject to: 1. Taxes for the year 2025 and subsequent years; 2. Zoning regulations, building restrictions, and other governmental regulations; and 3. Easements, restrictions, and reservations of record, if any. IN WITNESS WHEREOF, the Grantor has caused this Quitclaim Deed to be executed on the day and year first above written. SIGNED, SEALED, AND DELIVERED in the presence of: _________________________________ Witness Signature _________________________________ Print Name _________________________________ Address _________________________________ Witness Signature _________________________________ Print Name _________________________________ Address CITY OF BOYNTON BEACH, FLORIDA By: _________________________________ Rebecca Shelton, Mayor STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, this _____ day of ______________, 2025, by Rebecca Shelton, as Mayor of the City of Boynton Beach, Florida, a Florida municipal corporation, on behalf of the corporation. They are personally known to me. _________________________________ Notary Public, State of Florida _________________________________ Print Name My Commission Expires: ___________ Commission No.: __________________ [NOTARY SEAL] 158 EXHIBIT A LEGAL DESCRIPTION 5' x 95’ piece of real property generally located at the southeast corner of NE 1st Avenue and NE 4th Street, Boynton Beach, FL. THE NORTH 5 FEET OF LOTS 6 AND 7, BLOCK 6 (ORIGINAL, TOWN OF BOYNTON, A SUBDIVISION OF THE CITY OF BOYNTON BEACH, FLORIDA, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT, RECORDED IN PLAT BOOK 1, PAGE 23 LESS THE WEST 5’. 159 EXHIBIT B RESOLUTION NO. R25-232 160 City of Boynton Beach Agenda Item Request Form 6.G Consent Agenda 11/ 4/2025 Meeting Date: 11/ 4/2025 Commission Meeting Minutes. Requested Action: Approve minutes from the October 7, 2025 City Commission Meeting. Explanation of Request: The City Commission met on October 7, 2025, and minutes were prepared from the notes taken at the meeting. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved, and maintained in the records of the City of Boynton Beach. How will this affect city programs or services? A record of the actions taken by the City Commission will be maintained as a permanent record. Account Line Item and Description: N/A Fiscal Impact: There is no fiscal impact to the budget from this item. Attachments: October 7, 2025 City Commission Meeting.docx 161 Minutes of the City Commission Meeting Held Online Via the GoToWebinar Platform and In-Person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Tuesday, October 7, 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 Maylee De Jesús, City Clerk Commissioner Aimee Kelley 1. Agenda Items A. Call to Order Mayor Shelton called the meeting to order at 6:32 P.M. Roll Call City Clerk Maylee De Jesús called the roll. Invocation by Pastor Nate Santos, from Living Waters Church. Pastor Santos was not present, so Vice Mayor Hay provided the Invocation. Pledge of Allegiance to the Flag led by Mayor Rebecca Shelton The Pledge of Allegiance was led by Mayor Shelton. Agenda Approval: 1. Additions, Deletions, Corrections City Manager Dugger requested to postpone Agenda Items 8A-8K. Motion: Commissioner Kelley moved to table Agenda Items 8A-8K to the January 6, 2026, meeting. Commissioner Cruz seconded the motion. The motion passed unanimously. Vice Mayor Hay read a statement and noted that the City grieved any unjust loss of life and that every life had value. He stated that Charlie Kirk had the right to speak but that many of his statements were divisive, and choosing not to memorialize him protected residents. Motion: Vice Mayor Kelley moved to remove the discussion about memorializing Charlie Kirk from 162 City Commission Meeting Boynton Beach, FL October 7, 2025 2 the agenda. Commissioner Kelley seconded the motion. Commissioner Kelley thanked Vice Mayor Hay and stated that his remarks reflected the community’s feelings. She stated that while her heart hurt for the family, proceeding with a memorial would have caused division. Mayor Shelton stated that she agreed and thanked everyone for coming together. The motion passed unanimously. Mayor Shelton stated that City Attorney Lamb requested to have her evaluation done prior to the City Manager. There was consensus. Motion: Commissioner Kelley moved to move Agenda Item 10B before Agenda Item 10A. Commissioner Cruz seconded the motion. The motion passed unanimously. 2. Adoption Motion: Commissioner Kelley moved to approve the agenda, as amended. Commissioner Cruz seconded the motion. The motion passed unanimously. The City Commission recessed at approximately 6:50 PM. The City Commission reconvened at approximately 6:54 PM. 2. Other A. Informational items by the Members of the City Commission. Commissioner Cruz thanked everyone involved with First Friday and gave s pecial recognition to staff and first responders for their efforts. Vice Mayor Hay shared that he attended the International Economic Development Conference (IEDC), where valuable information was presented. He spoke about the community meeting he attended and mentioned the next meeting date. He noted that the First Friday celebration was excellent. He highlighted the 117th anniversary of St. John Baptist Church and mentioned attending the Senior Prom, saying that the seniors still had impressive moves. Commissioner Kelley commented that she attended First Friday and commended staff for an outstanding job. She added that it was inspiring to see Hispanic leaders represented in the community and mentioned the launch of the transportation community survey. 163 City Commission Meeting Boynton Beach, FL October 7, 2025 3 3. Announcements, Community and Special Events and Presentations A. City Event Announcements Justin Johnson, Marketing and Outreach Manager, announced that Fall Festival would take place on October 11. Amanda Radigan, Planning and Development Director, introduced new staff member, Kevin Fisher. Kevin Fisher, Planning and Zoning Division Director, spoke about the upcoming October 20 Comprehensive Plan Workshop. Henry Hyde spoke about the Pirate Festival. 4. Public Audience David Katz asked if there would be public input for the evaluations. He shared that he had once been influenced to view City Manager Dugger negatively, but has since seen him as an innovative and risk-taking leader for the City. Cicayra [no last name provided] stated that there was a traffic light in front of Latin America on Boynton Beach Boulevard that caused daily frustration, noting that the lights on both sides did not turn red simultaneously. Commissioner Kelley asked staff to obtain the contact information of the resident who spoke. Susan Oyer asked about the status of her environmental study on Save Boynton’s Forest. She expressed concern about the possible sale of the City’s utilities, and mentioned the County meeting attended by City Manager Dugger, and stated that such a decision should be left to the residents. Mack McCray spoke in support of City Manager Dugger. Cindy Falco Di Corrado also voiced support for City Manager Dugger. She stated that there should be a month to celebrate all Americans and proposed designating November as “All Americans Month.” She expressed frustration about seeing the Fire Assessment Fee appear again on her taxes. Brenda Williams stated that she had planned to speak against the Charlie Kirk memorial, but found Vice Mayor Hay’s comments earlier in the meeting eloquent and appreciated his remarks. She thanked City Manager Dugger for addressing and removing an eyesore in the City. 164 City Commission Meeting Boynton Beach, FL October 7, 2025 4 Gavin Sizer mentioned hearing about a movement to create housing for artists. Sandra Watson expressed gratitude for being a City resident and commended the Mayor for speaking with a group of Girl Scouts. Cameron Maharaj spoke about the Clean and Safe program, stating that its budget remained underfunded. He expressed concern that while residents were being monitored, issues were not being addressed, and emphasized the importance of improving safety before a tragedy occurred. Roy Jackson stated that he appreciated the work of the City Commission. He mentioned that he lived near a school and that there were no visible signs or flashing lights to indicate a school zone. He explained that he had contacted school officials, who informed him th at the matter was under the responsibility of the Police Department. He requested that officers drive through the area to ensure safety. 5. Administrative A. Request for a waiver of appointment requirements for Advisory Boards. Motion: Vice Mayor Hay moved to approve Barbara Ready’s waiver to be considered for the Historic Resources Preservation Board. Commissioner Cruz seconded the motion. The motion failed 2-2, with Commissioner Kelley and Mayor Shelton dissenting. Motion: Commissioner Kelley moved to approve Michael Wilson’s waiver to be considered for the Historic Resources Preservation Board. Commissioner Cruz seconded the motion. The motion passed unanimously. Motion: Vice Mayor Hay moved to approve Kristopher Kenny’s waiver to be considered for the Education and Youth Advisory Board. Motion failed for lack of a second. Motion: The waiver was not motioned for approval of the waiver for Michaella Louis; therefore it failed. B. Advisory Board Appointments. Motion: 165 City Commission Meeting Boynton Beach, FL October 7, 2025 5 Vice Mayor Hay moved to untable the appointment to the Advisory Board Appointments. Commissioner Kelley seconded the motion. The motion passed unanimously. Motion: Vice Mayor Hay moved to approve Charlie Holder as a Regular Member of the Building Board of Adjustment and Appeals. Commissioner Kelley seconded the motion. The motion passed unanimously. Motion: Mayor Shelton moved to approve Paul Jean as a Regular Member of the Education and Youth Advisory Board. Commissioner Kelley seconded the motion. The motion passed unanimously. Motion: Commissioner Cruz moved to approve Myah Sagrans as a Regular Member of the Education and Youth Advisory Board. Commissioner Kelley seconded the motion. The motion passed unanimously. Motion: Commissioner Cruz moved to approve Michael Wilson as a Regular Member of the Historic Resources Preservation Board. Commissioner Kelley seconded the motion. The motion passed unanimously. Motion: Vice Mayor Hay moved to approve Abhi Kanthan as a Regular Member of the Historic Resources Preservation Board. Commissioner Kelley seconded the motion. The motion passed unanimously. C. Community Support Funds. Motion: Commissioner Cruz moved to approve the Community Support Fund requests from Vice Mayor Hay seconded the motion. The motion passed unanimously 6. Consent Agenda A. Proposed Resolution No. R25-265- Ratifying the Public Emergency Medical Transportation Letter of Agreement with the Agency for Health Care Administration for the General Appropriations Act of State Fiscal Year 2024- 2025 in the amount of $344,510.59, and ratifying the Letter of Agreement Amendment extending the Agreement through September 30, 2026. 166 City Commission Meeting Boynton Beach, FL October 7, 2025 6 B. Proposed Resolution No. R25-266- Approving an Affiliation Agreement between the City and FamilySearch International for library cardholders to use their FamilySearch genealogical database. C. Proposed Resolution No. R25-267- Approve an Affiliation Agreement with the American Healthcare Institute, also known as AmHealth, for the Emergency Medical Technician and Paramedic Student Ride Time Program with Boynton Beach Fire Rescue. Proposed Resolution No. R25-268- Authorize the Mayor or City Manager to execute Affiliation Agreements, Participation Agreements, Volunteer Agreements, Internship Agreements, Work Experience Agreements, and other similar agreements between the City and various public and private entities for internships and volunteer opportunities at the City where no fiscal impact applies, on an as-needed basis, subject to approval as to legal sufficiency by the City Attorney's Office. D. Proposed Resolution No. R25-269- Approving the Settlement Agreement and Full and Final General Release in the matter of Roger Salazar v. City of Boynton Beach, et al., totaling $110,000. E. Proposed Resolution No. R25-270- Approving City's purchase of 670 Oak Street from Sellers Deborah Canepa and Scott Picardy in the amount of Six Million Eight Hundred Thousand and 00/100 Dollars ($6,800,000) to be used as a public park, and authorizing the City Manager to negotiate the final deed restriction subject to approval of form by the City Attorney. Proposed Resolution No. R25-271- Approve budget amendment for FY2025-26, adjusting the budget appropriations and revenue sources and providing spending authority for various Funds, Operating Departments, and Capital Budgets. F. Proposed Resolution No. R25-274- Authorizing the City to apply for the 2024 Community Forestry Capacity Grant offered by the Florida Department of Agriculture and Consumer Services in the amount of $50,000, and if awarded, execute all future documents associated with the grant, subject to the approval of the City Attorney. G. Commission Meeting Minutes. Motion: Commissioner Kelley moved to approve the consent agenda. Vice Mayor Hay seconded the motion. The motion passed unanimously. 7. Consent Bids and Purchases A. Proposed Resolution No. R25-272- Approve a Piggyback Agreement between the City and Lhoist America of Alabama LLC for the furnishing, delivery, and 167 City Commission Meeting Boynton Beach, FL October 7, 2025 7 discharge of Quicklime for an annual expenditure not to exceed $733,700 for Fiscal Year 2025 and $807,070 for Fiscal Year 2026. B. Proposed Resolution No. R25-273- Approving a Piggyback Agreement with Unifirst Corporation for Uniforms with Related Products and Services in an amount not to exceed $160,000 annually. Motion: Commissioner Kelley moved to approve the Consent Bids and Purchases. Vice Mayor Hay seconded the motion. The motion passed unanimously. 8. Public Hearing A. Proposed Ordinance No. 25-023- Second Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, amending Part III "La Development Regulations," Chapter 1 "General Administration," Article II "Definitions"; and amending Chapter 3 "Zoning," Article IV "Use Regulations," Section 3 "Use Regulations"; to allow accessory residential agricultural uses in R-1-AAB on properties larger than .90 acres; providing for codification; providing for severability; providing for conflicts; and providing for an effective date. B. Proposed Ordinance No. 25-019- Second Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, Voluntarily Annexing Approximately 4.61 Acres of Unincorporated Territory Into the Corporate Limits of the City Pursuant to Section 171.044, Florida Statutes; Providing for the Annexation of the Property Described Herein; Providing Publication of Notice of the Proposed Annexation; Directing the City Clerk to Record this Ordinance with the Clerk of the Circuit Court, with the Chief Administrative Officer of Palm Beach County, and with the Department of State; Providing a Business Impact Estimate; Providing for Codification; Conflicts; Severability; and an Effective Date. C. Proposed Ordinance No. 25-024- Second Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, amending Ordinance No. 89- 38 by amending the future land use map of the City of Boynton Beach, Florida, for a parcel of real property by changing the future land use classification from Palm Beach County’s Commercial High with an underlying MR-5 (CH/5) to City of Boynton Beach’s Low Retail Commercial (LRC); declaring the proposed amendment to the future land use map to be consistent with all other elements of the comprehensive plan of the City; providing for severability, conflicts, and providing for an effective date. D. Proposed Ordinance No. 25-025- Second Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, in association with the Bamboo Lane annexation, amending Ordinance No. 02-013 to rezone a parcel of real property generally located east of North Federal Highway, approximately 168 City Commission Meeting Boynton Beach, FL October 7, 2025 8 570 feet south of the intersection of Old Dixie Highway and North Federal Highway, from Palm Beach County’s General Commercial (CG) to City of Boynton Beach’s Community Commercial District (C-3); declaring the proposed amendment to be consistent with the comprehensive plan of the City; providing for severability, conflicts, and providing for an effective date. E. Proposed Ordinance No. 25-026- Second Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, amending Ordinance No. 89- 38 by amending the future land use map of the City of Boynton Beach, Florida, for a parcel of real property by changing the future land use classification from Palm Beach County’s Medium Residential with a maximum density of 5.0 dwelling units per acre (MR- 5) to City of Boynton Beach’s Low Density Residential (LDR); declaring the proposed amendment to the future land use map to be consistent with all other elements of the comprehensive plan of the City; providing for severability, conflicts, and providing for an effective date. F. Proposed Ordinance No. 25-027- Second Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, in association with the Bamboo Lane annexation, amending Ordinance No. 02-013 to rezone a parcel of real property generally located east of North Federal Highway, approximately 570 feet south of the intersection of Old Dixie Highway and North Federal Highway, from Palm Beach County’s Multi- Family Residential (RM) to City of Boynton Beach’s Two-Family Residential District (R-2); declaring the proposed amendment to be consistent with the comprehensive plan of the City; providing for severability, conflicts, and providing for an effective date. G. Proposed Ordinance No. 25-020- Second Reading, An Ordinance of the City of Boynton Beach, Florida, Voluntarily Annexing Approximately 27.97 Acres of Unincorporated Territory into the Corporate Limits of the City pursuant to Section 171.044, Florida Statutes; Providing for the Annexation of the Property Described Herein; Providing Publication of Notice of the Proposed Annexation; Directing the City Clerk to Record this Ordinance with the Clerk of the Circuit Court, with the Chief Administrative Officer of Palm Beach County, and with the Department of State; Providing a Business Impact Estimate; Providing for Codification; Conflicts; Severability; and an Effective Date. H. Proposed Ordinance No. 25-028- Second Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, amending Ordinance No. 89- 38 by amending the future land use map of the City of Boynton Beach, Florida, for an approximately 27.04 acre parcel of real property by changing the future land use classification from Palm Beach County’s Medium Residential with a maximum density of 5.0 dwelling units per acre (MR -5) to City of Boynton Beach’s Low Density Residential (LDR); declaring the proposed amendment to the future land use map to be consistent with all other elements of the comprehensive plan of the City; providing for severability, conflicts, and providing for an effective date. 169 City Commission Meeting Boynton Beach, FL October 7, 2025 9 I. Proposed Ordinance No. 25-029- Second Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, in association with the Palmyra annexation, amending Ordinance No. 02 -013 to rezone an approximately 27.04 acre parcel of real property from Palm Beach County’s Planned Unit Development (PUD) to City of Boynton Beach’s Pla nned Unit Development (PUD); declaring the proposed amendment to be consistent with the comprehensive plan of the City; providing for severability, conflicts, and providing for an effective date. J. Proposed Ordinance No. 25-030- Second Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, amending Ordinance No. 89- 38 by amending the future land use map of the City of Boynton Beach, Florida, for an approximately 0.93 acre parcel of real property by changing the future land use classification from Palm Beach County’s Medium Residential with a maximum density of 5.0 dwelling units per acre (MR -5) to City of Boynton Beach’s Low Density Residential (LDR); declaring the proposed amendment to the future land use map to be consistent with all other elements of the comprehensive plan of the City; providing for severability, conflicts, and providing for an effective date. K. Proposed Ordinance No. 25-031- Second Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, in association with the Palmyra annexation, amending Ordinance No. 02 -013 to rezone an approximately 0.93 acre parcel of real property from Palm Beach County’s Agricultural Residential (AR) to City of Boynton Beach’s Single Family Residential District (R-1-AAB); declaring the proposed amendment to be consistent with the comprehensive plan of the City; providing for severability, conflicts, and providing for an effective date. Items 8A-8K were previously tabled until the January 6, 2026 City Commission Meeting. City Clerk De Jesús swore in those intending to speak on Agenda Items 8L-8N. L. Proposed Ordinance No. 25-022- First Reading, An Ordinance of the City of Boynton Beach, Florida, Voluntarily Annexing Approximately 0.36 Acres of Unincorporated Territory Located at 3604 Boynton Beach Boulevard, into the Corporate Limits of the City Pursuant to Section 171.044, Florida Statutes; Providing for the Annexation of the Property Described Herein; Providing Publication of Notice of the Proposed Annexation; Directing the City Clerk to Record this Ordinance with the Clerk of the Circuit Court, with the Chief Administrative Officer of Palm Beach County, and with the Department of State; Providing a Business Impact Estimate; Providing for Codification; Conflicts; Severability; and an Effective Date. M. Proposed Ordinance No. 25-032- First Reading, An Ordinance of the City 170 City Commission Meeting Boynton Beach, FL October 7, 2025 10 Commission of the City of Boynton Beach, Florida, amending Ordinance No. 89- 38 by amending the Future Land Use Map of the City of Boynton Beach, Florida, for an approximately 0.36 acre parcel of real property located at 3604 Boynton Beach Boulevard, by changing the future land use classification from Palm Beach County's Commercial High with an underlying MR-8 (CH/8) to City of Boynton Beach's Local Retail Commercial (LRC); declaring the proposed amendment to the future land use map to be consistent with all other elements of the comprehensive plan of the City; providing for severability, conflicts, and providing for an effective date. N. Proposed Ordinance No. 25-033- First Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, in association with the Curaleaf Florida LLC annexation, amending ordinance no. 02-013 to rezone approximately 0.36 acres of unincorporated territory located at 3604 Boynton Beach Boulevard, from Palm Beach County's Commercial High Office (CHO) to City of Boynton Beach's Community Commercial District (C-3); declaring the proposed amendment to be consistent with the comprehensive plan of the City; providing for severability, conflicts, and providing for an effective date. Commissioner Kelley stated that regarding Items 8L-N, she had not had any ex-parte communication, had not received written communication, had not conducted an investigation, had not made a site visit, and had not received expert opinions. She requested that these disclosures and all written communications be made a part of the record. Mayor Shelton stated that regarding Items 8L-N, she had not had any ex-parte communication, had not received written communication, had not conducted an investigation, had not made a site visit, and had 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 Items 8L-N, he had not had any ex-parte communication, had not received written communication, had not conducted an investigation, had not made a site visit, and had not received expert opinions. He requested that these disclosures and all written communications be made a part of the record. Commissioner Cruz stated that regarding Items 8L-N, she had not had any ex-parte communication, she had received written communication, had not conducted an investigation, had not made a site visit, and had not received expert opinions. She requested that these disclosures and all written communications be made a part of the record. City Clerk De Jesús read the titles of Agenda Items 8L-N into the record. 171 City Commission Meeting Boynton Beach, FL October 7, 2025 11 Barbara Hall stated that this was a voluntary annexation requested by the property owner. She reviewed the following: property aerial; why annex into the City of Boynton Beach; site requirements; PBC municipal annexation areas; future land use; proposed land use map; current zoning; proposed zoning; utility service area; and summary. Vice Mayor Hay thanked Ms. Hall for her presentation. Staff were available for questions but there were none. Mayor Shelton opened public comment on Agenda Item 8L. No one came forth to speak. No virtual comment. Mayor Shelton opened public comment on Agenda Item 8M. No one came forth to speak. No virtual comment. Mayor Shelton opened public comment on Agenda Item 8N. No one came forth to speak. No virtual comment. Mayor Shelton closed public comment on all items. Motion: Vice Mayor Hay moved to approve Ordinance No. 25-022 on first reading. Commissioner Kelley seconded the motion. In a roll call vote, the motion passed unanimously. Motion: Vice Mayor Hay moved to approve Ordinance No. 25-032 on first reading. Commissioner Kelley seconded the motion. In a roll call vote, the motion passed unanimously. Motion: Commissioner Kelley moved to approve Ordinance No. 25-033 on first reading. Vice Mayor Hay seconded the motion. In a roll call vote, the motion passed unanimously. 9. City Manager’s Report City Manager Dugger had no report. 10. Regular Agenda Agenda Item 10A was heard before Agenda Item 10B. A. Conduct annual performance evaluation for Daniel Dugger, City Manager. Lynn Nazario, Human Resources Director, discussed the City Manager performance 172 City Commission Meeting Boynton Beach, FL October 7, 2025 12 evaluation and reviewed the performance evaluation criteria. City Manager Dugger remarked that the presentation would be extensive and highlighte d the outstanding work of Andrew Mack and Adam Temple. He reflected on starting three years ago when the City had no strategic plan and noted that several departments were now fully staffed, after years of challenges. He reviewed the following topics: major accomplishments; building the future of Boynton Beach together; executive summary at a glance; Citywide impact; City Clerk accomplishments; Planning and development; Building and Development Services (modernization); Utilities—capital and resilience; Financial Services; Fire Rescue; Police; Human Resources; Innovation and Technology; Public Works; Recreation, Culture, and Library; Community Engagement and Events; recognition; Code Enforcement; Office of Internal Investigations and Accountability; closing; and questions. He expressed a desire to mirror the City Attorney’s contract and raise and requested that his agreement also include a 4–1 vote provision. Mayor Shelton expressed support for a 10% raise and commented that City Manager Dugger was always responsive and accessible. Ms. Nazario presented a comparison of salary ranges for City Managers within the County. Vice Mayor Hay shared that when City Manager Dugger began his role, they were not aligned on many issues, but noted visible progress in areas that once seemed unlikely to improve. He acknowledged that there was still a learning curve, but expressed pride in Dugger’s development. He added that the City’s top position should not earn less than others and recommended a 12.5% salary increase. Ms. Nazario explained that a 12% increase would bring the salary to $266,208. Commissioner Kelley expressed interest in hearing City Manager Dugger’s personal goals for the coming year. She commented that the City was in a much stronger position than before, and observed that Dugger had become an effective delegator with a capable team. She voiced support for the salary increase. Motion: Vice Mayor Hay moved to approve a 12% merit increase, retro to October 1, 2025, with an amendment to the contract for a super majority vote, and to mirror the City Attorney’s contract. Commissioner Kelley seconded the motion. The motion passed unanimously. B. Conduct the annual performance evaluation for Shawna Lamb, City Attorney. City Attorney Lamb spoke about the 2024–2025 year-end report and performance review as follows: major accomplishments; governance and operations; risk management highlights; leadership impact; the bottom line, value delivered; market comparison, City 173 City Commission Meeting Boynton Beach, FL October 7, 2025 13 Attorney compensation for fiscal year 2024 –2025; compensation alignment; and questions. Commissioner Kelley stated that she could not be prouder of what City Attorney Lamb had accomplished during her time with the City. She mentioned that operations were very different before, and said she was proud of the team City Attorney Lamb had built. She asked what goals were planned for the upcoming year. City Attorney Lamb stated that the office was pursuing legal action against FDOT for damages they caused and noted that this was a current focus. She mentioned additional priorities including forfeitures for the Police Department, continued collaboration with all departments, and a more proactive approach within the Risk Management Division. Commissioner Kelley stated that she supported City Attorney Lamb and noted that the partnership was working very well. She agreed with a 10% salary increase. Mayor Shelton stated that there was significant value in th e Attorney’s role and noted that City Attorney Lamb consistently delivered when needed. She expressed support for a 10% increase. Vice Mayor Hay commented that he agreed with previous comments. He acknowledged that they may have started off on the wrong foot, but said that City Attorney Lamb had effectively answered all questions and reduced spending. He stated that communication had improved and expressed satisfaction with her performance. He asked if the department was at the optimum staffing level. City Attorney Lamb stated that an administrative assistant was being added for the Risk Management Division. Vice Mayor Hay expressed support for a 10% increase. Commissioner Cruz concurred with the proposed 10% increase. Motion: Vice Mayor Hay moved to approve a 10% merit increase, retroactive to October 1, 2025, with an amendment to the contract for a super majority vote . Commissioner Kelley seconded the motion. The motion passed unanimously. 11. Future Agenda Items A. TO BE REMOVED INDEFINTELY FROM AGENDA Discussion on the process to create a memorial for those impacted by political violence. - October 21, 2025. Requested by Commissioner Turkin. B. Update on the City's Strategic Planning efforts. - November 4, 2025. Update 174 City Commission Meeting Boynton Beach, FL October 7, 2025 14 requested by Commission Woodrow Hay. C. Joint City and CRA Workshop- Saturday, November 8, 2025. The City and CRA will be hosting a workshop to discuss the CRA master plan, commercial/industrial land development, and land acquisition planning. D. Quarterly joint City/CRA coordination meeting - January 13, 2026. Requested by City Commission and CRA Board. E. Discussion regarding creating a beautification board.-TBD Requested by Commissioner Turkin. F. Discussion regarding Citywide Master Plan to light up the City.- TBD Requested by Commissioner Turkin. G. Discussion on utility lift station upgrades and odor control - TBD Requested by Vice Mayor Hay. H. Discussion in regards to an additional area that might be available as a future cemetery.- TBD. Requested by Vice Mayor Hay. I. Discussion regarding combining City properties together to create senior affordable housing.- Pending Joint Meeting with the CRA. Requested by Vice Mayor Hay. J. Discussion regarding Amendments to the Code of Ordinances regarding flooding in the community.- Pending meeting with Commissioner Cruz. Requested by Commissioner Cruz. K. Discussion regarding the expansion of ShotSpotter south of Boynton Beach Boulevard.- TBD. Requested by Commissioner Thomas Turkin. L. Discussion regarding bulk trash pickup. - TBD Discussion requested by Commissioner Angela Cruz. M. 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. Requested by Commissioner Cruz. N. Follow-up report on the State of Florida DOGE request.- TBD. Staff will provide an update to the City Commission regarding the State of Florida DOGE request. O. Discussion regarding having a Legislative Action workshop by the Commission. -TBD. Requested by Commissioner Turkin. 175 City Commission Meeting Boynton Beach, FL October 7, 2025 15 12. Adjournment Motion: Commissioner Kelley moved to Adjourn. Vice Mayor Hay seconded the motion. The motion passed unanimously. With no further business to discuss, the meeting was adjourned at 8:40 P.M. 176 City of Boynton Beach Agenda Item Request Form 7.A Consent Bids and Purchases 11/ 4/2025 Meeting Date: 11/ 4/2025 Proposed Resolution No. R25-287- Award Request for Proposal No. 25-051R for Harvey E. Oyer Jr. Park Bait and Tackle Shop (Operating Services) to Florida Tackle Company, Inc., and approve a Retail Lease Agreement between the City and Florida Tackle Company, Inc. for a five-year term, with two additional two-year renewal options. Requested Action: Staff recommends approval of Proposed Resolution No. R25-287. Explanation of Request: The City of Boynton Beach recognizes the importance of maximizing the use of its publicly owned facilities and spaces to generate sustainable revenue streams that benefit the community. Leasing City assets to qualified private operators provides an effective way to activate underutilized spaces, stimulate economic activity, and create additional sources of non-tax revenue to support City services and amenities. This approach aligns with the City’s long-term financial stewardship goals and reinforces its commitment to maintaining high-quality public facilities without increasing the financial burden on residents. In alignment with these objectives, the City issued a solicitation seeking proposals from qualified vendors to lease and operate the City-owned bait and tackle shop located at 2020 S. Federal Highway, Boynton Beach, FL 33435, within the Harvey E. Oyer Jr. Park Boat Ramp. The intent of the solicitation was to identify an experienced operator capable of providing a fully stocked, professionally managed retail space to support the fishing and boating community by offering essential supplies and services. Leasing out this facility was identified as an opportunity to enhance the visitor experience at one of the City’s most active waterfront destinations while generating a consistent revenue stream through a public-private partnership. The selected operator is expected to maintain a clean, safe, and inviting retail environment that complements the park’s amenities and promotes Boynton Beach as a premier destination for marine recreation. On April 29, 2025, the City of Boynton Beach issued RFP No. 25-051R – Harvey E. Oyer Jr. Park Bait & Tackle Shop (Operator Term Contract), seeking proposals from qualified firms to operate a bait and tackle shop at the City-owned facility. When the solicitation closed on May 30, 2025, the City received one proposal submission package from FLORIDA TACKLE COMPANY, INC. An evaluation committee was appointed to review and score the proposal in accordance with the RFP criteria, and on August 1, 2025, the committee held a publicly noticed meeting to discuss the proposal and provide scoring. The committee determined that the proposer ’s submission was the most advantageous option 177 for the City. Subsequently, on August 14, 2025, the Procurement Division conducted negotiations with FLORIDA TACKLE COMPANY, INC to review contract terms, during which both parties agreed that a retail lease agreement would better serve the City’s interests than a revenue-sharing model. Following this negotiation, it was determined that entering into a lease agreement with FLORIDA TACKLE COMPANY, INC was in the best interest of the City to ensure continued operation of the bait and tackle shop at Harvey E. Oyer Jr. Park under terms consistent with Florida law governing municipal contracts. How will this affect city programs or services? This lease initiative is expected to have a positive impact on both residents and the regional boating and fishing community. By partnering with a professional operator, the City ensures that the Harvey E. Oyer Jr. Park Boat Ramp continues to serve as a well-rounded recreational hub offering convenient access to essential marine supplies, bait, tackle, and boating necessities—all in one location. Residents and visitors will benefit from: Enhanced convenience, with access to quality fishing and boating products directly at the park; Improved visitor experience, reducing the need to travel off-site for last-minute supplies; Support for local recreation, promoting Boynton Beach as a destination for anglers, boaters, and families; and Economic vitality, as the presence of a successful retail operation contributes to the vibrancy of the waterfront and supports City revenues reinvested into public services and park improvements. Overall, this partnership enhances the functionality and appeal of the Harvey E. Oyer Jr. Park while reinforcing the City’s commitment to providing accessible, high-quality amenities that serve the needs of its residents and marine enthusiasts. Account Line Item and Description: Revenue Contract Fiscal Impact: $1300 monthly revenue to the City. Attachments: R25-287 Agenda_Item_3865-2025_Resolution_for_RFP_No._25- 051R_for_Harvey_E._Oyer_Jr._Park_Bait_and_Tackle_Shop_Award___Agmt (1).docx Exhibit A to Resolution - 25-051R - Bait Shop - Operator Term Contract - Vendor Signed Exhibit A - RFP 25-051R - Havery Owyer Bait Shop (Operator Contract) - Final.pdf Exhibit B - Complete Proposal Package.pdf Attachment A - Harvey Oyer Bait Shop - Site Plan and Floor Plan.pdf 178 RESOLUTION NO. R25-287 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, AWARDING REQUEST FOR PROPOSAL NO. 25-051R 2 FOR HARVEY E. OYER JR. PARK BAIT AND TACKLE SHOP (OPERATING 3 SERVICES) TO FLORIDA TACKLE COMPANY, INC., AND APPROVING A 4 RETAIL LEASE AGREEMENT BETWEEN THE CITY AND FLORIDA TACKLE 5 COMPANY, INC.; AND FOR ALL OTHER PURPOSES. 6 7 WHEREAS, the City is the owner of certain real property located at 2020 S Federal Hwy, 8 Boynton Beach, FL, 33435; and 9 WHEREAS, the Property includes structures and facilities suitable for operation as a bait 10 and tackle retail shop, including storage, customer service, merchandising, and limited food and 11 beverage sales; and 12 WHEREAS, the City has determined that it is in the best interest of the public to engage 13 an experienced operator to manage and operate the bait and tackle shop; and 14 WHEREAS, the City issued procurement solicitation Request for Proposal (“RFP”) No: 25-15 051R for Harvey E. Oyer Jr. Park Bait and Tackle Shop (Operator) on April 29, 2025, seeking 16 proposals from firms offering to operate a bait and tackle shop; and 17 WHEREAS, when the solicitation closed on May 30, 2025, the City received one proposal 18 submission package; and 19 WHEREAS, Florida Tackle Company, Inc. (“Operator”) proposal was deemed to be the 20 most advantageous option for the City by the City’s selection committee; and 21 WHEREAS, after the proposal was reviewed in its entirety, it was determined that it was in 22 the best interests of the City to move forward with presenting the Operator a retail lease 23 agreement instead of a revenue-sharing agreement; and 24 WHEREAS, Operator desires to lease the Property from the City for the purpose of 25 operating a bait and tackle shop; and 26 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 27 best interests of the City's citizens and residents to award Request for Proposal No. 25-051R for 28 Harvey E. Oyer Jr. Park Bait and Tackle Shop (Operating Services) to Florida Tackle Company, Inc., 29 and approve a Retail Lease Agreement between the City and Florida Tackle Company, Inc., for a 30 five year-term, with two additional two-year renewal options. 31 179 RESOLUTION NO. R25-287 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 award Request for Proposal No. 25-051R for Harvey E. Oyer Jr. Park Bait and Tackle Shop 37 (Operating Services) to Florida Tackle Company, Inc. 38 SECTION 3. The City Commission of the City of Boynton Beach, Florida, does hereby 39 approve a Retail Lease Agreement between the City and Florida Tackle Company, Inc., for RFP No. 40 25-051R for Harvey E. Oyer Jr. Park Bait and Tackle Shop (Operating Services), with a five-year 41 term, with two additional two-year renewal options, (the “Agreement”), in form and substance 42 similar to that attached as Exhibit A. 43 SECTION 4. The City Commission of the City of Boynton Beach, Florida, hereby 44 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any 45 ancillary documents required under the Agreement or necessary to accomplish the purposes of 46 the Agreement, including any term extensions as provided in the Agreement, provided such 47 documents do not modify the financial terms or material terms. 48 SECTION 5. The City Clerk shall retain the fully executed Agreement as a public record 49 of the City. A copy of the fully executed Agreement shall be provided to Andrew Rozwadowski to 50 forward to the Operator. 51 SECTION 6. This Resolution shall take effect in accordance with the law. 52 53 [SIGNATURES ON THE FOLLOWING PAGE] 54 55 180 RESOLUTION NO. R25-287 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 81 181 City of Boynton Beach Procurement Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop (Operator Term Contract) 1 OPERATING SERVICES RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop (Operator Term Contract) 182 City of Boynton Beach Procurement Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop (Operator Term Contract) 2 RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop (Operator Term Contract) This RETAIL LEASE AGREEMENT (the "Agreement") is made and entered into as of _____________, 2025 (the "Effective Date"), by and between the City of Boynton Beach, a Florida municipal corporation, with its principal place of business at 100 E. Ocean Ave., Boynton Beach, FL 33435 (the "City") and FLORIDA TACKLE COMPANY, INC., a Florida Profit Corporation with its principal place of business at 1550 U.S. HIGHWAY 1 UNIT 11, BOYNTON BEACH, FL 33435 ("Operator"). (The City and Operator are sometimes individually referred to as a "Party" and collectively as the "Parties").) RECITALS WHEREAS, the City is the owner of certain real property located at 2020 S Federal Hwy, Boynton Beach, FL, 33435, as more particularly described in Exhibit “A” attached hereto and incorporated herein by reference (the "Property"); WHEREAS, the Property includes structures and facilities suitable for operation as a bait and tackle retail shop, including storage, customer service, merchandising, and limited food and beverage sales; WHEREAS, the City has determined that it is in the best interest of the public to engage an experienced operator to manage and operate the bait and tackle shop (the “Shop”); WHEREAS, the City issued procurement solicitation RFP No: 25-051R - HARVEY E. OYER JR. PARK BAIT & TACKLE SHOP (OPERATOR TERM CONTRACT) Exhibit “A” on April 29, 2025, seeking proposals from firms offering to operate a bait and tackle shop, a copy of which is incorporated into this Agreement by reference; and WHEREAS, when the solicitation closed on May 30, 2025, the City received one proposal submission package, Exhibit “B”; and WHEREAS, the City created and appointed an evaluation committee to review and score the proposal submission in accordance with the criteria of the RFP; and, WHEREAS, on August 1, 2025, the evaluation met a publicly noticed open to the public meeting where they discussed the proposals’ pros and cons and provided scoring; and, WHEREAS, Operator’s proposal was deemed to be the most advantageous option for the City by the City’s selection committee; and 183 City of Boynton Beach Procurement Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop (Operator Term Contract) 3 WHEREAS, the Procurement Division proceeded with negotiations for the contract on August 14, 2025, during which the Operator and the City’s negotiation team met to review and discuss the contract terms; and WHEREAS, after the proposal was reviewed in its entirety, it was determined that it was in the best interests of the City to move forward with presenting the Operator a retail lease agreement instead of a revenue-sharing agreement; and WHEREAS, the Operator agreed to the new contract methodology during the August 14, 2025, negotiation meeting with the City’s negotiation team ; and WHEREAS, negotiations pertaining to the subject matter of this Agreement were undertaken between the Parties and this Agreement incorporates the results of such negotiations; and WHEREAS, Operator desires to lease the Property from the City for the purpose of operating a bait and tackle shop; and WHEREAS, the City and Operator wish to enter into this Agreement to establish the terms and conditions under which Operator will lease and operate the Shop in accordance with all applicable Florida laws governing municipal contracts; WHEREAS, this Agreement was approved by the City Commission of the City of Boynton Beach by Resolution No. _______ on November 4, 2025, in accordance with all applicable laws and procedures; NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. LEASE OF PROPERTY 1.1 Lease The City hereby leases to Operator, and Operator hereby leases from the City, the Property for the Term (as defined below), subject to the terms and conditions set forth in this Agreement. 1.2 Premises The leased premises (the "Premises") consist of the area outlined in the attached Attachment “A.” 1.3 Condition of Premises 184 City of Boynton Beach Procurement Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop (Operator Term Contract) 4 Operator acknowledges that it has inspected the Premises and accepts the Premises in their current "AS IS" condition, except as otherwise specified in Exhibit C (if applicable). 1.4 Public Purpose and Benefit The Parties acknowledge that the Premises constitute a public facility owned by the City and that this Agreement is intended to advance the public interest by enhancing waterfront access and recreational opportunities for residents and visitors of the City. The Operator shall operate and maintain the Bait and Tackle Shop in a manner that aligns with this public purpose, ensuring the facility is clean, safe, welcoming, and efficiently managed to meet the needs of the community. 2. TERM, RENEWAL, AND TERMINATION 2.1 Initial Term The initial term of this Agreement shall be for a period of FIVE (5) years, commencing on November 4, 2025 (the "Commencement Date") and ending on November 3, 2030 (the "Initial Term"), unless earlier terminated as provided herein. 2.2 Renewal Options Provided that the Operator is not in default under this Agreement, the Operator shall have the option to renew this Agreement for up to two (2) additional periods of two (2) years each (each, a “Renewal Term”), on the same terms and conditions set forth herein — subject to a demonstrated successful sales plan over the preceding five (5) years and approval by the City—except an adjustment to the monthly lease price as provided in Sections 3.1. The Parties must enter into a written amendment to exercise a renewal option. If Operator does not intend to agree to the exercise of a renewal option, it must provide the City with at least ONE-HUNDRED EIGHTY (180) calendar days’ written notice prior to the expiration of the then-current term. 2.3 Term As used herein, "Term" shall mean the Initial Term and any Renewal Term(s) exercised by Operator. 2.4 Termination for Cause This Agreement may be terminated for cause by the aggrieved party if the party in breach has not corrected the breach within thirty (30) calendar days after receipt of written notice from the aggrieved party identifying the breach ("Cure Period"). The part y in breach may, within the Cure Period, request an extension to the Cure Period for a reasonable time if such party demonstrates best efforts to cure such breach. his Agreement may be terminated for cause as provided for herein for reasons including, but not limited to, 185 City of Boynton Beach Procurement Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop (Operator Term Contract) 5 Operator’s repeated (whether negligent or intentional) submission of false or incorrect reports, Operator’s failure to perform the scope of services suitably, or failure to continuously perform the scope of services in a manner calculated to meet or accomp lish the objectives as set forth in this Agreement. The Agreement may also be terminated for cause if Operator is placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Se ctor List created pursuant to Section 215.473, Florida Statutes, or if Operator provides a false certification submitted pursuant to Section 287.135, Florida Statutes. If either party erroneously, improperly, or unjustifiably terminates for cause, such termination shall be deemed a termination for convenience, which shall be effective nine (9) months after receipt of such written notice of termination for cause. 2.5 Termination for Convenience City shall have the right to terminate this Agreement for convenience upon a minimum of nine (9) months written notice to Operator. This time period may be extended up to an additional thirty (30) business days, at the City's sole discretion, if Operator d elivers a written request to the City Manager for an extension within sixty (60) business days from receipt of the initial notice. Operator’s written extension request shall include sufficient explanation and documentation to allow the City to reasonably grant the same. 2.6 Termination to Protect Health, Safety, or Welfare The City Manager may also terminate this Agreement upon such notice as the City Manager deems appropriate under the circumstances in the event the City Manager determines that termination is necessary to protect the public health, safety, or welfare of the City or its Citizens. 2.7 Notice of Termination Notice of termination shall be provided in accordance with the "Notices" section of this Agreement, except that notice of termination by the City Manager, which the City Manager deems necessary to protect the public health, safety, or welfare , may be verbal notice that shall be promptly confirmed in writing in accordance with the "Notices" section of this Agreement. 3. LEASE RENT 3.1 Monthly Lease Payment to the City Operator shall remit to the City a base rent in the amount of One Thousand Three Hundred Dollars ($1,300.00) per month (“Base Rent”), payable in advance on the first (1st) day of each month during the Term, without demand, setoff, or deduction. The Base Rent shall automatically increase by three percent (3%) each year on the anniversary of the Commencement Date, for each year of the five (5)-year Term. 186 City of Boynton Beach Procurement Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop (Operator Term Contract) 6 3.2 Records and Audit Rights Operator shall maintain complete and accurate books and records of all revenue and expenses related to the operation of the Premises. City shall have the right, upon reasonable notice and during normal business hours, to inspect and audit Operator's books and records. If an audit inspection in accordance with this section discloses underpayment (of any nature) by Operator 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 reimburse d to the City by the Operator and (2) liquidated damages in the amount of 15% of the underpayment 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 Operator within 45 business days from the presentation of the City’s findings to the Operator. Failure by Operator to permit such audit shall be grounds for termination of this Agreement by the City. 4. SECURITY AND DAMAGE DEPOSITS 4.1 Security Deposit Upon execution of this Agreement, Operator shall deposit with City the sum of FIVE THOUSAND DOLLARS ($5,000.00) as a security deposit (the "Security Deposit"). 4.2 Use and Return of Security Deposit City may use the Security Deposit to remedy any default by Operator under this Agreement, including but not limited to failure to pay rent, failure to repair damage to the Premises, or failure to leave the Premises in clean condition upon termination of th is Agreement. Within thirty (30) business days after the termination of this Agreement and Operator's vacation of the Premises, City shall return the Security Deposit to Operator, less any amounts properly withheld by City, along with an itemized statement of any amounts withheld. 5. USE OF PREMISES; OPERATIONS; BACKGROUND CHECKS 5.1 Permitted Use Operator shall use the Premises solely for the purpose of operating a bait and tackle store, including related activities and providing food and beverage services. Operator shall not use the Premises for any other purpose without the City's prior written consent. 5.2 Hours of Operation Operator shall operate the Premises during reasonable business hours as determined by Operator, provided that the Premises shall be open to the public for a minimum of 187 City of Boynton Beach Procurement Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop (Operator Term Contract) 7 SEVENTY (70) hours per week, subject to inclement weather and holidays. The City reserves the right to establish minimum operating hours to ensure adequate public access to the facility. 5.3 Public Access Operator shall ensure that the Premises is reasonably accessible to all members of the public, including City residents and non-residents, without discrimination. 5.4 Community Programs Operator shall develop and implement community programs designed to promote the bait and tackle shop in the community. The community programs shall be detailed in an annual Community Benefit Plan to be submitted to the City for approval. 5.5 Compliance with Laws Operator shall comply with all applicable federal, state, and local laws, regulations, and ordinances in connection with its use and operation of the Premises, including but not limited to: a) Obtaining and maintaining all necessary licenses, permits, and approvals; b) Americans with Disabilities Act (ADA) requirements; c) Florida Building Code; d) Florida Fire Prevention Code; e) City zoning ordinances and land development regulations; f) Health and safety regulations; and g) Environmental regulations. 5.6 Rules and Regulations Operator shall establish reasonable rules and regulations for the use of the Premises by members and guests, which shall be subject to the City's approval, not to be unreasonably withheld, conditioned, or delayed. Operator shall provide a copy of such rule s and regulations to the City and shall enforce them consistently and fairly. 5.7 Staffing The Operator shall provide sufficient staffing to ensure the effective and professional operation of the Harvey E. Oyer Jr. Park Bait and Tackle Shop during all designated operating hours. Personnel assigned to the facility must be trained, courteous, and knowledgeable in bait and tackle retail, recreational fishing, and customer service. At minimum, the Operator must ensure: • The shop is staffed during all hours of operation with at least one employee capable of managing sales, inventory, and customer inquiries. 188 City of Boynton Beach Procurement Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop (Operator Term Contract) 8 • All staff are familiar with the offerings of the shop, including bait types, tackle options, and general local fishing information. • Employees adhere to all applicable safety, cleanliness, and customer service standards set forth by the City. • A designated on-site or on-call manager is available during business hours to address operational issues and communicate with City staff as needed. • Staff wear appropriate attire that maintains a clean and professional appearance aligned with the public-facing nature of the facility. The City reserves the right to request the removal of any personnel whose conduct is deemed unprofessional, disruptive, or inconsistent with the mission of providing a positive recreational experience to residents and visitors. 5.8 Quality of Services Operator shall ensure that all services provided at the Harvey E. Oyer Jr. Bait and Tackle Shop are delivered professionally, courteously, and customer -focused that reflects positively on the City of Boynton Beach. The Operator shall maintain a high standa rd of cleanliness, product quality, and customer service throughout the term of this Agreement. At a minimum, Operator shall: • Provide prompt, respectful, and knowledgeable service to all customers, including residents, visitors, and tourists. • Ensure staff are properly trained to help regarding bait, tackle, local fishing regulations, and general area information. • Maintain the Premises in a neat, organized, and sanitary condition at all times, in accordance with all applicable health, safety, and accessibility standards. • Regularly restock and rotate merchandise to ensure product freshness and availability. • Respond in a timely and professional manner to customer complaints, City concerns, or operational issues and document resolution efforts when requested by the City. Failure to maintain acceptable standards of service, as reasonably determined by the City, may constitute grounds for corrective action or termination in accordance with the terms of this Agreement. 5.9 Damage to Premises Operator shall repair any and all damage to the Premise or Operator’s real and personal property caused by Operator, its employees, agents, subcontractors, independent contractors, patrons, and invitees. City shall repair any and all damage to the Premise or Operator’s real and personal property caused by City, its employees, agents, subcontractors, and independent contractors. 189 City of Boynton Beach Procurement Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop (Operator Term Contract) 9 5.10 Inspection by City The City shall have the authority to make periodic reasonable inspections of the Premises, equipment, and operations during normal operating hours to determine if such are being maintained in a neat and orderly condition or to determine whether Operator is operating in compliance with the terms of this Agreement. All inspections shall be conducted in a manner so as not to interfere with the normal operations of the Premises. The City may inform Operator of any needed actions to correct improper operations. Operator shall reasonably comply with any recommendations of the City with respect to improper operations issues. 5.11 Marketing and Promotion Operator shall actively market and promote the Premises to maximize usage and revenue. Operator’s marketing efforts shall include but not be limited to maintaining a website, social media presence, email newsletters, and local advertising. All marketing materials shall acknowledge that the Premises are owned by the City of Boynton Beach. 5.12 Criminal Background Screening Operator shall perform criminal background screening as identified below on its officers, employees, agents, independent contractors, and volunteers working under this Agreement on the Premises. Further, if Operator is permitted to utilize subcontractors under this Agreement, Operator shall perform or ensure that the background screening as required below is conducted on any permitted subcontractor, which term includes the subcontractor's officers, employees, agents, independent contractors, and volunteers who will be working under this Agreement at the Premises. Operator shall not be required to comply with the provisions for criminal background screening under this section for those independent vendors coming onto the Premises merely to make deliveries of goods or services for, or relating to, the Premises. Operator shall not permit any person who is listed as a sexual predator or sexual offender on the Florida Department of Law Enforcement, Sexual Offenders and Predators Website or the United States Department of Justice, National Sex Offender Public Website , to provide any services for Operator on the Premises. Operator shall maintain copies of the results of the criminal background screening required for the Term and promptly forward copies of same to City upon its request. Operator shall be required to furnish to the City, on a monthly basis, an Affidavit, in a form approved by City, affirming the persons listed in the Affidavit have been background screened as required by this Agreement and have been deemed eligible by Oper ator to work at the Premises. Operator’s monthly Affidavit shall update information from the previous Affidavit by reconfirming the status of persons who have previously been deemed eligible as provided for above and updating the list, when applicable, to specifically identify new persons providing services for Operator under this Agreement 190 City of Boynton Beach Procurement Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop (Operator Term Contract) 10 who have been background screened as required and deemed eligible to work at the Premises. In its discretion, the City may permit Operator to furnish the monthly Affidavit in an electronic format. In the event Operator obtains or is provided supplemental criminal background information, including police reports and arrest information, which potentially disqualifies a person previously deemed eligible by Operator to provide services under this Agreement, Operator shall take immediate action to review the matter; however, during such review time and until a determination of eligibility is made by Operator based on the requirements of this section, Operator shall immediately cease allowing the person to work at the Premises. Additionally, Operator shall be required to inform any person background screened pursuant to this section who is providing services under this Agreement, to notify Operator within forty-eight (48) hours of any arrest related to sexual misconduct that has occurred after the person was deemed eligible to work at the Premises. Operator shall, by written contract, require its permitted subcontractors to agree to the requirements and obligations of this section. City may terminate this Agreement immediately for cause, with written notice provided to Operator, for a violation related to Operator’s failure to perform the required background screening on its officers, employees, agents, independent contractors, and volunteers who will be working under this Agreement at the Premises. City may also terminate this Agreement immediately for cause, with written notice provided to Operator, if City determines Operator failed to ensure that its permitted subcontractors have been background screened as required in this section before performing any services under this Agreement at the Premises. Operator will not be subject to immediate termination in the event City determines a violation of this section was outside the reasona ble control of Operator and Operator has demonstrated to City compliance with the requirements of this section. City may terminate this Agreement for cause if Operator fails to provide the monthly Affidavit to City as provided above, and Operator does not cure said breach within five (5) business days of written notice provided to Operator by City in accordance with the "Notices" section of this Agreement. 6. MAINTENANCE AND REPAIRS 6.1 Operator's Obligations Operator shall, at its sole cost and expense, keep and maintain the Premises in good condition and repair, including but not limited to: a) Regular maintenance of the facility as needed; b) Maintenance of restroom facilities regarding plumbing; c) Maintenance of landscaping and grounds within five feet of the building; 191 City of Boynton Beach Procurement Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop (Operator Term Contract) 11 d) Janitorial services and trash removal; e) Pest control; and f) Minor repairs less than TWO THOUSAND DOLLARS ($2,000) and maintenance of building systems. 6.2 City's Obligations City shall, at its sole cost and expense, be responsible for: a) Structural repairs to the buildings; b) Roof repairs and replacement; c) Major repairs over TWO THOUSAND DOLLARS ($2,000.00) or replacement of HVAC, plumbing, and electrical systems; and d) Maintenance and repairs to the parking lot, including repaving when necessary. 7. UTILITIES AND SERVICES 7.1 Operator's Responsibility Operator shall pay for all utilities and services supplied to the Premises, including but not limited to electricity, gas, water, sewer, telephone, internet, cable/satellite television, security systems, and trash collection. The operator will be provided with the FPL Power and Electric Bill as well as the City Utility bill, and shall pay the bill on time to avoid disconnection. 7.2 Interruption of Services City shall not be liable for any interruption or failure of utility services to the Premises unless such interruption or failure is caused by City's negligence or willful misconduct. 8. PAYMENT OF TAXES AND OBLIGATIONS 8.1 Real Property and Business Taxes City shall pay all real property taxes and assessments levied against the Property. If real property taxes increase due to Operator’s specific use of the Property or improvements made by Operator, Operator shall pay the amount of such increase. Operator shall pay all taxes and other costs lawfully assessed against its business and legal interest in the operation of the Premises under this Agreement, including but not limited to the Premises-related Improvements made by Operator; provided, however, that Operator shall not be deemed in default of its obligations under this Agreement for failure to pay such taxes pending the outcome of any legal proceedings instituted to determine the validity or amount of such taxes and/or other costs. 8.2 Sales and Use Taxes Operator shall be liable for the prevailing state of Florida Sales and Use Tax imposed on rent payable to City under this Agreement. This tax shall be calculated in addition to and 192 City of Boynton Beach Procurement Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop (Operator Term Contract) 12 not incorporated into the monthly rent. Operator shall be liable for all other taxes due taxing authorities arising out of its operations under this Agreement, including all taxes assessed against Operator's personal property, trade fixtures, and equipment located on the Premises. 8.3 Other Obligations Operator shall procure and obtain, at its sole cost, all permits, licenses, and approvals required of Operator for its operations and performance under this Agreement. Operator shall be responsible for paying its approved contractors, subcontractors, and s uppliers hired to perform any of the Premises-related improvements for work performed or for supplies, equipment, or materials transacted, any undisputed amount within thirty (30) calendar days following receipt of appropriate invoices for such work or sup plies, upon completion of same. Operator shall take such action necessary to resolve any amounts in dispute. 9. INSURANCE 9.1 Operator's Insurance Operator shall, at its sole cost and expense, maintain the following insurance coverage throughout the Term: a) Commercial General Liability Insurance with limits of not less than $2,000,000 per occurrence and $4,000,000 aggregate; b) Property Insurance covering Operator's personal property, trade fixtures, and equipment; c) Business Interruption Insurance; d) Workers' Compensation Insurance as required by law; e) Automobile Liability Insurance with limits of not less than $1,000,000 combined single limit; f) Professional Liability Insurance with limits of not less than $1,000,000 per occurrence (if Operator provides professional services such as instruction); g) Employment Practices Liability Insurance with limits of not less than $1,000,000; and h) Cyber Liability Insurance with limits of not less than $1,000,000 (if Operator collects personal information through websites, mobile applications, or other digital platforms). 9.2 City's Insurance The City shall maintain property insurance covering the buildings and permanent improvements on the Property, and commercial general liability insurance with respect to the City's ownership of the Property, in accordance with the City's standard insurance program and risk management policies. The Parties acknowledge that the City may be self-insured. 9.3 Policy Requirements 193 City of Boynton Beach Procurement Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop (Operator Term Contract) 13 All insurance policies required under this Agreement shall: a) Name the City as an additional insured on all liability policies (except for Workers' Compensation Insurance); b) Provide that the policy cannot be canceled or materially modified without at least thirty (30) business days prior written notice to the City; c) Include a waiver of subrogation in favor of the City; d) Be primary and non-contributory with respect to any insurance or self-insurance programs maintained by the City; and e) Be issued by insurance companies licensed to do business in the State of Florida with a financial rating of at least A-VII in the most recent edition of Best's Insurance Reports. 9.4 Certificates of Insurance Operator shall provide the City with certificates of insurance, evidencing the required coverage prior to the Commencement Date and upon renewal of any policy. The certificates shall reference this Agreement and confirm compliance with all requirements specified herein. If requested by the City, Operator shall provide complete copies of any required insurance policies. 9.5 Waiver of Subrogation Each Party hereby waives any right of recovery against the other Party for any loss or damage covered by insurance, regardless of whether such loss or damage is caused by the negligence of the other Party. Each Party shall obtain endorsements to its insurance policies as needed to effectuate this waiver of subrogation. 9.6 Compliance with Florida Statutes Operator's insurance shall comply with all requirements of Section 768.28, Florida Statutes, and other applicable laws regarding insurance for contracts with governmental entities in Florida. Operator acknowledges that the City, as a governmental entity, i s entitled to sovereign immunity protections and limitations of liability as set forth in Section 768.28, Florida Statutes. 10. INDEMNIFICATION Operator shall indemnify, defend, and hold harmless City and its officers, directors, employees, agents, and representatives from and against any and all claims, demands, liabilities, damages, judgments, costs, and expenses (including reasonable attorneys' fees) arising from or relating to: (a) Operator's use or occupancy of the Premises; (b) any breach or default by Operator under this Agreement; (c) any negligent or willful act or omission of Operator or its employees, agents, contractors, or invitees; or (d) any injury to person or property occurring on the Premises, except to the extent caused by City's negligence or willful misconduct. Operator shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits, or actions of any kind or nature 194 City of Boynton Beach Procurement Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop (Operator Term Contract) 14 against 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. 11. ALTERATIONS AND IMPROVEMENTS 11.1 Operator's Right to Make Alterations Operator may make non-structural alterations, additions, or improvements to the Premises with City's prior written consent, which shall not be unreasonably withheld, conditioned, or delayed. Any alterations, additions, or improvements with a cost exceeding TWENTY THOUSAND DOLLARS ($20,000) shall require City's prior written approval of the plans and specifications. 11.2 Ownership of Improvements All alterations, additions, and improvements made by Operator shall become the property of City upon termination of this Agreement, unless City requires Operator to remove them as provided in Section 11.3. 11.3 Removal of Improvements Upon termination of this Agreement, City may require Operator to remove any alterations, additions, or improvements made by Operator and to restore the Premises to their original condition, reasonable wear and tear excepted. City shall notify Operator of any such requirement at least thirty (30) business days prior to the termination date. 11.4 Trade Fixtures Operator may install trade fixtures, equipment, and personal property on the Premises, which shall remain Operator's property and may be removed by Operator at any time, provided that Operator repairs any damage caused by such removal. 12. ASSIGNMENT AND SUBLETTING 12.1 Prohibition on Assignment and Subletting Operator shall not assign this Agreement, sublet all or any part of the Premises, or permit any other person or entity to use or occupy all or any part of the Premises, without City's prior written consent, which may be withheld in City's sole discretion. 12.2 Change of Control Any change in the ownership or control of Operator that results in a change in the majority ownership or control of Operator shall be deemed an assignment requiring City's consent under Section 12.1. 195 City of Boynton Beach Procurement Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop (Operator Term Contract) 15 12.3 No Release of Operator No assignment or subletting, even with City's consent, shall release Operator from its obligations under this Agreement. 13. DEFAULT AND REMEDIES 13.1 Operator's Default Each of the following shall constitute a default by Operator under this Agreement: a) Failure to pay any Base Rent, under this Agreement within ten (10) business days after the due date; b) Failure to perform or observe any other covenant, term, or condition of this Agreement, which failure continues for fifteen (15) business days after written notice from City (or such longer period as may be reasonably necessary if the failure cannot be c ured within fifteen (15) business days, provided that Operator commences the cure within the fifteen days and diligently pursues it to completion); c) Abandonment or vacation of the Premises for more than fifteen (15) consecutive business days; d) Filing of a petition for bankruptcy, insolvency, or reorganization by or against Operator (unless, in the case of a petition filed against Operator, it is dismissed within sixty (60) business days); e) Appointment of a receiver or trustee for all or substantially all of Operator's assets; or f) Making an assignment for the benefit of creditors. 13.2 City's Remedies Upon the occurrence of any default by Operator, City may exercise any one or more of the following remedies without limiting any other right or remedy available to City at law or in equity: a) Terminate this Agreement by written notice to Operator, in which case Operator shall immediately surrender the Premises to City; b) Enter upon and take possession of the Premises without terminating this Agreement and without being liable for prosecution or any claim for damages; c) Collect rent from any sublessee and apply it to the amounts due from Operator; e) Pursue any other remedy available at law or in equity. 13.3 City's Default City shall be in default under this Agreement if City fails to perform or observe any covenant, term, or condition of this Agreement, which failure continues for thirty (30) business days after written notice from Operator (or such longer period as may be reasonably necessary if the failure cannot be cured within thirty (30) business days, 196 City of Boynton Beach Procurement Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop (Operator Term Contract) 16 provided that City commences the cure within the thirty-day period and diligently pursues it to completion). 13.4 Operator's Remedies Upon the occurrence of any default by City, Operator may exercise any one or more of the following remedies, without limiting any other right or remedy available to Operator at law or in equity: a) Terminate this Agreement by written notice to City; or b) Pursue any other remedy available at law or in equity. 13.5 Mitigation of Damages Both Parties shall use reasonable efforts to mitigate their damages in the event of a default by the other Party. 14. SURRENDER OF PREMISES 14.1 Condition of Premises Upon the expiration or earlier termination of this Agreement, Operator shall surrender the Premises to City in good condition and repair, reasonable wear and tear excepted, and shall remove all of Operator's personal property, trade fixtures, and equipment . 14.2 Holdover If Operator remains in possession of the Premises after the expiration or earlier termination of this Agreement without City's consent, Operator shall be deemed a tenant at sufferance and shall pay rent at the rate of 150% of the sum of the Base Rent for t he preceding twelve (12) months. Such holdover shall not constitute a renewal or extension of this Agreement. 15. NOTICES All notices, demands, requests, or other communications required or permitted under this Agreement shall be in writing and shall be deemed to have been duly given if delivered personally, sent by nationally recognized overnight courier, or sent by certified mail, return receipt requested, postage prepaid, addressed as follows: If to the City: City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 / Facsimile: (561) 742-6090 197 City of Boynton Beach Procurement Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop (Operator Term Contract) 17 With a copy to: City Attorney City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 / Facsimile: (561) 742-6090 If to Operator: FLORIDA TACKLE COMPANY, INC. 1550 U.S. HIGHWAY 1 UNIT 11 BOYNTON BEACH, FL 33435 Attention: RAYMOND D LABONTE and MICHAEL LABONTE Michael.FloridaTackle@gmail.com 561-676-2837 Either Party may change its address for notices by written notice to the other Party. 16. REPORTING AND COMPLIANCE 16.1 Annual Reports Within sixty (60) business days after the end of each calendar year, Operator shall, provide the finance director at its own expense, provide the City with an annual report containing: a) Gross Receipts and Gross Revenues for the month, itemized by category b.) Any other information reasonably requested by the City. 16.3 Public Records Compliance Operator acknowledges that this Agreement and all documents related to it are subject to Florida's Public Records Law, Chapter 119, Florida Statutes. Operator shall: a) Keep and maintain public records required by the City to perform the services under this Agreement; 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, Florida Statutes, or as otherwise provided by law; c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Term and following completion of the Agreement if Operator does not transfer the records to the City; and 198 City of Boynton Beach Procurement Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop (Operator Term Contract) 18 d) Upon completion of the Agreement, transfer, at no cost, to the City all public records in possession of Operator or keep and maintain public records required by the City to perform the service. If Operator transfers all public records to the City upon completion of the Agreement, Operator shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Operator keeps and maintains public records upon completion of the Agreement, Operato r shall meet all applicable requirements for retaining public records. IF OPERATOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO OPERATOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT CITY CLERK'S OFFICE: 100 E. OCEAN AVENUE, BOYNTON BEACH, FL 33435, 561- 742-6060, CITYCLERK@BBFL.US. 16.4 E-Verify Compliance Operator 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 t ermination 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 the Operator, Operator may not be awarded a public contract for a period of one (1) year after the date of termination. 16.5 No Contingent Fees Operator warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Operator, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, indiv idual, or firm, other than a bona fide employee working solely for Operator, 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, the City shall have the right to terminate this Agreement without liability and, at its discretion, to deduct from the contract price or otherwise recover the full amount of such fee, commission, percentage, gift, or consideration. 16.6 Conflict of Interest Operator represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of the services required under this Agreement. Operator further represents that no perso n having any such interest shall be employed by Operator during the Term. Operator shall promptly notify the City in writing of any potential conflicts of interest for any prospective business 199 City of Boynton Beach Procurement Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop (Operator Term Contract) 19 association, interest, or other circumstance that may influence or appear to influence Operator's judgment, or the quality of services being provided hereunder. 16.7 Non-Discrimination Operator shall not discriminate against any person in its operations, activities, or delivery of services under this Agreement. Operator shall affirmatively comply with all applicable provisions of federal, state, and local equal employment laws and shall not engage in or commit any discriminatory practice against any person based on race, color, religion, sex, age, national origin, marital status, disability, sexual orientation, gender identity or expression, or any other characteristic protected by law. 16.8 Compliance with Employment and Labor Laws Operator shall comply with all applicable federal, state, and local employment and labor laws, including but not limited to: a) Fair Labor Standards Act; b) Equal Pay Act; c) Civil Rights Act of 1964; d) Americans with Disabilities Act; e) Age Discrimination in Employment Act; f) Family and Medical Leave Act; and g) Florida Civil Rights Act. 16.9 Scrutinized Companies By executing this Agreement, Operator certifies that Operator is not participating in a boycott of Israel. The Operator further certifies that Operator is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Acti vities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Operator been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contra ct 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 Operator of the City's determination concerning the false certification. The Operator 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 Operator 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 Operator 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. 200 City of Boynton Beach Procurement Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop (Operator Term Contract) 20 16.10 Anti-Human Trafficking On or before the effective date of this Agreement, Operator shall provide City with an affidavit attesting that the Operator does not use coercion for labor or services, in accordance with Section 787.06(13), Florida Statutes. 16.11 Countries of Concern The Operator represents that it is and will remain in compliance with Section 286.101, Florida Statutes, for the duration of the Term. 16.12 Public Entity Crime Act Operator 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. Operator further represents th at 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 mo ney involved or whether Operator has been placed on the convicted vendor list. 16.13 Entities of Foreign Concern The provisions of this section apply only if Operator or any subcontractor will have access to an individual’s personal identifying information under this Agreement. Operator represents and certifies: (i) Operator 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 Operator; and (iii) Operator is not organized under the laws of and does not have its principal place of business in, a foreign country of con cern. On or before the effective date, Operator 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 n ot meet any of the criteria in Section 287.138(2), Florida Statutes. Terms used in this section that are not otherwise defined in this Agreement shall have the meanings ascribed to such terms in Section 287.138, Florida Statutes. 17. ADDITIONAL PROVISIONS 17.1 Competitive Bidding Acknowledgment Operator acknowledges that this Agreement has been awarded in compliance with applicable procurement laws and the City's procurement ordinances and policies. The City represents that all required competitive bidding or other procurement procedures have been properly followed in connection with the award of this Agreement. 17.3 Compliance with Section 287.0582, Florida Statutes 201 City of Boynton Beach Procurement Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop (Operator Term Contract) 21 The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the City Commission. 17.4 Local Business Preference Operator shall, to the extent permitted by applicable law, utilize local businesses, contractors, and suppliers in the performance of its obligations under this Agreement. 18. MISCELLANEOUS LEGAL PROVISIONS 18.1 Venue and Jurisdiction This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Any legal action, suit, or proceeding arising out of or relating to this Agreement shall be instituted in the appropriate state court in Palm Beach Count y, Florida, and each Party irrevocably submits to the exclusive jurisdiction of such court in any such action, suit, or proceeding. 18.2 Waiver of Jury Trial THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT THEY MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION OR LEGAL PROCEEDING RELATED TO THIS AGREEMENT OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN), OR ACTIONS OF EITHER PARTY. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES TO ENTER INTO THIS AGREEMENT. 18.3 Sovereign Immunity Nothing contained in this Agreement shall be construed or interpreted as: (1) denying to either Party any remedy or defense available to such Party under the laws of the State of Florida; (2) the consent of the City or the State of Florida or their agents and agencies to be sued; or (3) a waiver of sovereign immunity of the City beyond the waiver provided in Section 768.28, Florida Statutes. The City expressly retains all rights, benefits, and immunities of sovereign immunity in accordance with Section 768.28, Florida Statutes. Notwithstanding anything set forth in this Agreement to the contrary, nothing in this Agreement shall be deemed as a waiver of the City's sovereign immunity or the City's limits of liability as set forth in Section 768.28, Florida Sta tutes, or other law, and nothing in this Agreement shall inure to the benefit of any third party for the purpose of allowing any claim which would otherwise be barred under the Doctrine of Sovereign Immunity or by operation of law. 18.4 Severability If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the 202 City of Boynton Beach Procurement Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop (Operator Term Contract) 22 provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. 18.5 No Third-Party Beneficiaries Except as expressly provided herein, nothing in this Agreement is intended to benefit any third party, nor shall any term, provision, covenant, or condition of this Agreement be construed to create any rights in any person or entity not a party to this Agr eement. 18.6 Entire Agreement The Agreement between the City and the Operator 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. 18.7 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 and signed by an authorized signatory of the Party granting the waiver. 18.8 Force Majeure Neither Party shall be liable for any failure or delay in performing its obligations under this Agreement if such failure or delay is caused by force majeure events beyond the reasonable control of such Party, including but not limited to acts of God, hurricane, tornado, fire, flood, earthquake, explosion, war, terrorism, riot, civil disorder, act of any government body, or other similar causes. The Party affected by such force majeure event shall notify the other Party within a reasonable time of the commencement and termination of the force majeure event. The time for performance shall be extended for a period equal to the duration of the force majeure event, provided that if such period exceeds ninety (90) consecutive days, either Party may terminate this Agreement upon written notice to the other Party. 18.9 Counterparts This Agreement may be executed in any number of counterparts, whether signed physically or electronically, each of which, when executed and delivered, shall be an original, but all such counterparts shall constitute one and the same instrument. Signature 203 City of Boynton Beach Procurement Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop (Operator Term Contract) 23 and acknowledgment pages may be detached from the counterparts and attached to a single copy of this Agreement to form one document. 18.10 Time of Essence Time is of the essence in the performance of all obligations under this Agreement. 18.11 Survival Any provisions of this Agreement that by their nature extend beyond the expiration or termination of this Agreement shall survive such expiration or termination and shall remain in effect until all obligations are satisfied. 18.12 Amendments No amendment, modification, or alteration of the terms of this Agreement shall be binding unless the same is in writing, dated subsequent to the date hereof, and duly executed by the Parties. 18.13 Headings The headings contained in this Agreement are for the convenience of reference only and shall not affect the interpretation of this Agreement. 18.14 No Construction Against Drafter The Parties acknowledge that they have both participated in the negotiation and preparation of this Agreement. Accordingly, this Agreement shall not be construed more strictly against either Party, regardless of which Party was responsible for its preparation. 18.15 No Lien The Operator 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 Operator. 18.16 Independent Contractor The Agreement does not create an employee/employer relationship between the Parties. The Parties intend that Operator is an independent contractor pursuant to the Agreement and shall not be considered the City’s employee for any purpose. Operator shall not have the right to bind City to any obligation not expressly undertaken by City under this Agreement. 18.17 Attorney’s Fees 204 City of Boynton Beach Procurement Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop (Operator Term Contract) 24 If either Party sues to enforce the Agreement, each Party shall bear its own attorney's fees and court costs. 18.18 Representation of Authority Operator represents and warrants that this Agreement constitutes the legal, valid, binding, and enforceable obligation of the Operator and that neither the execution nor performance of this Agreement constitutes a breach of any agreement that the Operator has with any third party or violates applicable law. Operator further represents and warrants that execution of this Agreement is within Operator’s legal powers, and each individual executing this Agreement on behalf of Operator is duly authorized by all n ecessary and appropriate action to do so on behalf of Operator and does so with full legal authority. 18.19 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 A greement. 18.20 Limitation of Liability Notwithstanding any provision of the Agreement to which it is applicable, in no event shall City be liable to Operator for punitive or exemplary damages, lost profits, or consequential damages. (Signatures on following page) 205 206 EXHIBIT A RFP 207 EXHIBIT B Proposal Response 208 ATTACHMENT “A” 209 210 211 212 REQUEST FOR PROPOSALS (RFP) RFP No: 25-051R HARVEY E. OYER JR. PARK BAIT & TACKLE SHOP (OPERATOR TERM CONTRACT) PUBLISH DATE: April 29, 2025 NON-MANDATORY PRE- PROPOSAL CONFERENCE: May 13, 2025 at 10:30 AM Location: CITY OF BOYNTON BEACH ROOM 115 100 E. OCEAN AVENUE BOYNTON BEACH, FL 33435 Also, on: Microsoft Teams Join the meeting now Meeting ID: 215 353 062 036 4 Passcode: SD3bt2CN +1 872-215-6235, 566193322# United States, Phone conference ID: 566 193 322# ALL QUESTIONS DUE: May 19, 2025 by 5:00 PM PROPOSAL CLOSING CEREMONY AND DUE DATE: May 29, 2025 at 3:00 PM Where to Deliver the Proposal Boynton-beach.bidsandtenders.net bids&tendersTM Online Submission Only Advertisement Date: April 29, 2025 Procurement Representative: Andrew Rozwadowski – RozwadowskiA@bbfl.us 213 City of Boynton Beach Purchasing Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop (Operator Term Contract) REQUEST FOR PROPOSALS TABLE OF CONTENTS TABLE OF CONTENTS ............................................................................................................................................................................................................ ADVERTISEMENT NOTICE TO PROPOSERS .....................................................................................................................................................................1 SECTION I – INSTRUCTIONS TO PROPOSERS – SUBMISSION REQUIREMENTS ........................................................................................................1 PURCHASING DIVISION...................................................................................................................................................................................................2 1.0 DEFINITIONS ...............................................................................................................................................................................................................2 “Addenda” ......................................................................................................................................................................................................................2 “Agreement” ..................................................................................................................................................................................................................2 “City” or “Owner” ...........................................................................................................................................................................................................2 “Contract Administrator” ................................................................................................................................................................................................2 “Contract Documents” ...................................................................................................................................................................................................2 “Operator " .....................................................................................................................................................................................................................2 “Defective” .....................................................................................................................................................................................................................2 Effective Date of the Agreement ...................................................................................................................................................................................2 “Evaluation/Selection Committee” ................................................................................................................................................................................2 “Interested parties” ........................................................................................................................................................................................................2 “Notice to Proceed” .......................................................................................................................................................................................................2 “Online e-procurement system” or “e-procurement system” ........................................................................................................................................2 “Procurement Services” ................................................................................................................................................................................................2 “Proposer/Offeror/Responder” ......................................................................................................................................................................................2 “Request for Proposals (RFP)” .....................................................................................................................................................................................2 “Sub-Operator” ..............................................................................................................................................................................................................2 “Responsible Proposer” ................................................................................................................................................................................................2 “Responsive Proposer” .................................................................................................................................................................................................2 “Written Amendment” ....................................................................................................................................................................................................3 “Unit Price or Hourly Wage Work”.................................................................................................................................................................................3 “Project, Services, or Program”.....................................................................................................................................................................................3 1.1 TYPES OF SOLICITATIONS PROVIDED BY THE CITY ..............................................................................................................................3 1.2 PROCUREMENT DEFINITION FOR SOLICITATION ...................................................................................................................................3 1.3 ONLINE E-PROCUREMENT SYSTEM – (bids&tenders) .............................................................................................................................3 1.4 EXAMINATION OF CONTRACT DOCUMENTS ...........................................................................................................................................4 1.5 ELIGIBILITY OF PROPOSER ........................................................................................................................................................................4 1.6 QUALIFICATIONS OF PROPOSERS ...........................................................................................................................................................4 1.7 PRE-PROPOSAL CONFERENCE .................................................................................................................................................................4 1.8 QUESTIONS AND ADDENDA ON THIS SOLICITATION .............................................................................................................................4 1.9 MISTAKES WITHIN RFP ...............................................................................................................................................................................5 1.10 SUBMISSION OF THE PROPOSAL ..............................................................................................................................................................5 1.11 SOLICITATION FORMS.................................................................................................................................................................................6 1.12 EXECUTION OF SOLICITATION DOCUMENTS ..........................................................................................................................................6 1.13 CAUSES FOR REJECTION ...........................................................................................................................................................................6 1.14 REJECTION OF PROPOSALS ......................................................................................................................................................................6 1.15 WITHDRAWAL OF PROPOSALS..................................................................................................................................................................6 1.16 NO SUBMITTAL .............................................................................................................................................................................................6 1.17 SOLICITATION DEADLINE ...........................................................................................................................................................................6 1.18 RIGHTS OF THE CITY FOR THIS REQUEST FOR PROPOSALS (RFP) ...................................................................................................7 1.19 PROTEST PROCEDURE...............................................................................................................................................................................7 1.20 MINIMUM STANDARDS REQUIRED BY THE CITY ....................................................................................................................................7 1.21 DISQUALIFICATION OF PROPOSER ..........................................................................................................................................................8 214 City of Boynton Beach Purchasing Division 1.22 INFORMATION AND DESCRIPTIVE LITERATURE .....................................................................................................................................8 1.23 INTERPRETATIONS ......................................................................................................................................................................................8 1.24 CERTIFICATIONS, LICENSES, AND PERMITS ...........................................................................................................................................8 1.25 SUB-CONSULTING .......................................................................................................................................................................................8 1.26 ESCALATOR CLAUSE ..................................................................................................................................................................................9 1.27 EXCEPTIONS BY PROPOSER .....................................................................................................................................................................9 1.28 TRADE SECRET ............................................................................................................................................................................................9 1.29 ANTI-KICKBACK AFFIDAVIT ........................................................................................................................................................................9 1.30 CONFLICT OF INTEREST / GIFT POLICY ................................................................................................................................................ 10 1.31 GIFT POLICY .............................................................................................................................................................................................. 10 1.32 CONFIRMATION OF MINORITY-OWNED BUSINESS ............................................................................................................................. 10 1.33 LOCAL BUSINESS PREFERENCE ............................................................................................................................................................ 10 1.34 AWARD OF AGREEMENT: ........................................................................................................................................................................ 11 1.35 SIGNING OF AGREEMENT: ...................................................................................................................................................................... 11 SECTION II – SCOPE OF WORK (SERVICES) – TERM CONTRACT .............................................................................................................................. 12 2.1 BACKGROUND ........................................................................................................................................................................................... 12 2.2 SCOPE OF SERVICES ............................................................................................................................................................................... 12 2.3 PICTURES OF THE FACILITY ................................................................................................................................................................... 13 2.4 TERM OF CONTRACT ............................................................................................................................................................................... 23 2.5 VISION ......................................................................................................................................................................................................... 23 2.6 PROPOSER’S VISIONARY FIVE-YEAR PLAN ......................................................................................................................................... 24 2.7 FACILITY MANAGEMENT OPERATIONS ................................................................................................................................................. 24 2.8 FACILITY UPGRADES................................................................................................................................................................................ 24 2.9 FACILITY USE............................................................................................................................................................................................. 24 2.10 SECURITY OF FACILITY............................................................................................................................................................................ 25 2.11 FACILITY BRANDING AND MARKETING PROMOTION .......................................................................................................................... 25 2.12 GRANT RELATED CAPITAL IMPROVEMENT PROJECTS ...................................................................................................................... 25 2.13 MINIMUM QUALIFICATIONS OF PROPOSER ......................................................................................................................................... 26 2.14 EXPECTED TIMELINE BY THE CITY ........................................................................................................................................................ 26 2.15 GENERAL .................................................................................................................................................................................................... 26 SECTION III – SUBMISSION OF PROPOSALS ................................................................................................................................................................. 27 3.1 GENERAL REQUIREMENTS ..................................................................................................................................................................... 27 3.2 CERTIFICATION AND LICENSES ............................................................................................................................................................. 27 3.3 DETAILED PROPOSAL .............................................................................................................................................................................. 27 A. Letter of Interest .......................................................................................................................................................................................... 27 B. Company Profile .......................................................................................................................................................................................... 27 C. Proposer’s Experience and Qualifications .................................................................................................................................................. 27 D. Financial Documentation ............................................................................................................................................................................. 28 E. Operational Plan .......................................................................................................................................................................................... 28 F. Product and Service Offerings .................................................................................................................................................................... 28 G. Visionary Five-Year Plan ............................................................................................................................................................................. 28 H. Facility Upgrades (Optional) ........................................................................................................................................................................ 29 I. Submittal of General Information and Procurement Forms and Documents .............................................................................................. 29 J. References – Past Performance - Completed Online ................................................................................................................................. 29 K. Proposed Revenue Sheet is a separate document where Proposers will input the proposed revenue share for this contract. Completed through bids&tenders. ................................................................................................................................................................................................ 29 SECTION IV – EVALUATION OF PROPOSALS ................................................................................................................................................................... 30 4.1 EVALUATION METHOD AND CRITERIA .................................................................................................................................................. 30 4.2 EVALUATION CRITERIA SCORING .......................................................................................................................................................... 33 4.3 ORDINAL RANKING ................................................................................................................................................................................... 33 4.4 ADDITIONAL CLARIFICATION .................................................................................................................................................................. 33 4.5 BEST AND FINAL OFFER .......................................................................................................................................................................... 33 4.6 SELECTION PROCESS.............................................................................................................................................................................. 34 215 City of Boynton Beach Purchasing Division SECTION V – STANDARD GENERAL TERMS AND PROVISIONS .................................................................................................................................. 35 5.1 FAMILIARITY AND COMPLIANCE WITH LAWS, CODES AND REGULATIONS: .......................................................................................... 35 5.2 NON-COLLUSION ....................................................................................................................................................................................... 35 5.3 LEGAL CONDITIONS ........................................................................................................................................................................................ 35 5.4 CONFLICT OF INTEREST .................................................................................................................................................................................. 35 5.5 ADDITIONAL HOURS QUANTITIES ................................................................................................................................................................. 35 5.6 DISPUTES .......................................................................................................................................................................................................... 35 5.7 LEGAL REQUIREMENTS: ................................................................................................................................................................................. 35 5.8 ON PUBLIC ENTITY CRIMES ............................................................................................................................................................................ 35 5.9 FEDERAL AND STATE TAX: ............................................................................................................................................................................ 36 5.10 PURCHASE ORDER REQUIRED: ................................................................................................................................................................ 36 5.11 COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: .............................................................................................................. 36 5.12 PALM BEACH COUNTY INSPECTOR GENERAL: ...................................................................................................................................... 36 5.13 OTHER AGENCIES ...................................................................................................................................................................................... 36 5.14 VENUE AND GOVERNING LAW: ............................................................................................................................................................... 36 5.15 NON-DISCRIMINATION & EQUAL OPPORTUNITY EMPLOYMENT ........................................................................................................ 36 5.16 INDEPENDENT PROPOSER RELATIONSHIP: ............................................................................................................................................ 37 5.17 OMISSION OF DETAILS .............................................................................................................................................................................. 37 5.18 LOBBYING - CONE OF SILENCE: ............................................................................................................................................................... 37 5.19 LEGAL EXPENSES: ..................................................................................................................................................................................... 37 5.20 NO THIRD-PARTY BENEFICIARIES: .......................................................................................................................................................... 37 5.21 DIRECT OWNER PURCHASES: ................................................................................................................................................................... 37 5.22 SCRUTINIZED COMPANIES: ...................................................................................................................................................................... 37 5.23 DISCRIMINATORY VENDOR LIST ............................................................................................................................................................. 38 5.24 NON-EXCLUSIVE ........................................................................................................................................................................................ 38 5.25 BUSINESS INFORMATION ......................................................................................................................................................................... 38 5.26 AGREEMENT............................................................................................................................................................................................... 38 5.27 ENDORSEMENTS ........................................................................................................................................................................................ 38 5.28 DRUG-FREE WORKPLACE ......................................................................................................................................................................... 38 5.29 PROHIBITED TELECOMMUNICATIONS EQUIPMENT .............................................................................................................................. 39 5.30 PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL, OR IDEOLOGICAL INTERESTS IN GOVERNMENT CONTRACTING .. 39 5.31 RIGHTS IN DATA ........................................................................................................................................................................................ 39 5.32 DOCUMENTATION OF COSTS ................................................................................................................................................................... 39 5.33 PUBLIC RECORDS ...................................................................................................................................................................................... 39 SECTION VI – SPECIAL PROVISONS – TERM CONTRACT ............................................................................................................................................ 41 6.1 ASSIGNMENT: ............................................................................................................................................................................................ 41 6.2 AGREEMENT TERM AND EXTENSION .................................................................................................................................................... 41 6.3 CHANGES TO SCOPE AND ADDITIONAL SERVICES ............................................................................................................................ 41 6.4 INDEMNIFICATION ..................................................................................................................................................................................... 41 6.5 TERMINATION - SEE SAMPLE AGREEMENT ......................................................................................................................................... 42 6.6 PERFORMANCE OF OPERATOR ............................................................................................................................................................. 42 6.7 INSURANCE REQUIREMENTS – SEE SAMPLE CONTRACT FOR LIMITS ........................................................................................... 42 6.8 FORCE MAJEURE ...................................................................................................................................................................................... 43 6.9 INSPECTION AND ACCEPTANCE OF SERVIVES PRODUCED ............................................................................................................. 43 6.10 CONTINGENCY FEE .................................................................................................................................................................................. 43 6.11 PERFORMANCE REVIEW EVALUATION: ................................................................................................................................................ 44 6.12 ANTI-HUMAN TRAFFICKING ..................................................................................................................................................................... 44 6.13 VERIFICATION OF EMPLOYMENT ELIGIBILITY – E-VERITY................................................................................................................. 44 6.14 ENTITIES OF FOREIGN CONCERN ......................................................................................................................................................... 45 6.15 SUCCESSORS AND ASSIGNS .................................................................................................................................................................. 45 6.16 ENUMERATION OF PRECEDENCE OF CONTRACT DOCUMENTS ...................................................................................................... 45 SECTION VII – PRICE PROPOSAL FORM ........................................................................................................................................................................ 46 SECTION VIII – SAMPLE TERM AGREEMENT - CITY-OWNED ...................................................................................................................................... 48 216 City of Boynton Beach Purchasing Division RECITALS ....................................................................................................................................................................................................................... 48 1. LEASE OF PROPERTY ............................................................................................................................................................................................. 49 1.1 Lease ................................................................................................................................................................................................................... 49 1.2 Premises ............................................................................................................................................................................................................. 49 1.3 Condition of Premises ....................................................................................................................................................................................... 49 1.4 Public Purpose and Benefit .............................................................................................................................................................................. 49 2. TERM, RENEWAL, AND TERMINATION................................................................................................................................................................... 49 2.1 Initial Term ........................................................................................................................................................................................................... 49 2.2 Renewal Options ................................................................................................................................................................................................ 49 2.3 Term ..................................................................................................................................................................................................................... 50 3. RENT AND REVENUE SHARING ............................................................................................................................................................................. 51 3.1 Base Rent ............................................................................................................................................................................................................ 51 3.2 Revenue Share ................................................................................................................................................................................................... 51 3.3 Definition of Gross Revenue ............................................................................................................................................................................ 51 3.4 Payment of Revenue Share............................................................................................................................................................................... 52 3.5 Records and Audit Rights ................................................................................................................................................................................. 52 3.6 Minimum Annual Guarantee ............................................................................................................................................................................. 52 4. SECURITY AND DAMAGE DEPOSITS ..................................................................................................................................................................... 52 4.1 Security Deposit ................................................................................................................................................................................................. 52 4.2 Use and Return of Security Deposit ................................................................................................................................................................ 53 5. USE OF PREMISES; OPERATIONS; BACKGROUND CHECKS ............................................................................................................................ 53 5.1 Permitted Use ..................................................................................................................................................................................................... 53 5.2 Hours of Operation ............................................................................................................................................................................................ 53 5.3 Public Access ..................................................................................................................................................................................................... 54 5.4 Community Programs ....................................................................................................................................................................................... 54 5.5 Compliance with Laws ...................................................................................................................................................................................... 54 5.6 Rules and Regulations ...................................................................................................................................................................................... 54 5.7 Staffing ................................................................................................................................................................................................................. 54 5.8 Quality of Services ............................................................................................................................................................................................... 55 6. MAINTENANCE AND REPAIRS ................................................................................................................................................................................ 57 6.1 Operator's Obligations ...................................................................................................................................................................................... 57 6.2 City's Obligations ............................................................................................................................................................................................... 57 6.3 Capital Improvements ....................................................................................................................................................................................... 58 7. UTILITIES AND SERVICES ....................................................................................................................................................................................... 58 7.1 Operator's Responsibility ................................................................................................................................................................................. 58 7.2 Interruption of Services ..................................................................................................................................................................................... 58 8. PAYMENT OF TAXES AND OBLIGATIONS ............................................................................................................................................................ 58 8.1 Real Property and Business Taxes .................................................................................................................................................................. 58 8.2 Sales and Use Taxes ......................................................................................................................................................................................... 58 8.3 Other Obligations ............................................................................................................................................................................................... 59 9. INSURANCE ............................................................................................................................................................................................................... 59 9.1 Operator's Insurance ......................................................................................................................................................................................... 59 9.2 City's Insurance ................................................................................................................................................................................................. 59 9.3 Policy Requirements ......................................................................................................................................................................................... 59 9.4 Certificates of Insurance ................................................................................................................................................................................... 60 9.5 Waiver of Subrogation ....................................................................................................................................................................................... 60 9.6 Compliance with Florida Statutes .................................................................................................................................................................... 60 10. INDEMNIFICATION .................................................................................................................................................................................................. 60 11. ALTERATIONS AND IMPROVEMENTS ............................................................................................................................................................ 60 11.1 Operator's Right to Make Alterations ............................................................................................................................................................ 61 11.2 Ownership of Improvements .......................................................................................................................................................................... 61 11.3 Removal of Improvements .............................................................................................................................................................................. 61 11.4 Trade Fixtures .................................................................................................................................................................................................. 61 217 City of Boynton Beach Purchasing Division 12. ASSIGNMENT AND SUBLETTING ......................................................................................................................................................................... 61 12.1 Prohibition on Assignment and Subletting ................................................................................................................................................... 61 12.2 Change of Control ............................................................................................................................................................................................ 61 12.3 No Release of Operator ................................................................................................................................................................................... 61 13. DEFAULT AND REMEDIES ..................................................................................................................................................................................... 61 13.1 Operator's Default ............................................................................................................................................................................................ 62 13.2 City's Remedies ............................................................................................................................................................................................... 62 13.3 City's Default .................................................................................................................................................................................................... 62 13.4 Operator's Remedies ....................................................................................................................................................................................... 62 13.5 Mitigation of Damages ..................................................................................................................................................................................... 63 14. SURRENDER OF PREMISES .................................................................................................................................................................................. 63 14.1 Condition of Premises ..................................................................................................................................................................................... 63 14.2 Holdover ............................................................................................................................................................................................................ 63 15. NOTICES................................................................................................................................................................................................................... 63 16. REPORTING AND COMPLIANCE ........................................................................................................................................................................... 64 16.1 Monthly Reports ............................................................................................................................................................................................... 64 16.2 Annual Reports ................................................................................................................................................................................................ 64 16.3 Public Records Compliance ........................................................................................................................................................................... 64 16.4 E-Verify Compliance ........................................................................................................................................................................................ 65 16.5 No Contingent Fees ......................................................................................................................................................................................... 65 16.6 Conflict of Interest ........................................................................................................................................................................................... 65 16.7 Non-Discrimination .......................................................................................................................................................................................... 66 16.8 Compliance with Employment and Labor Laws ........................................................................................................................................... 66 16.9 Scrutinized Companies ................................................................................................................................................................................... 66 17. ADDITIONAL PROVISIONS ..................................................................................................................................................................................... 67 17.1 Competitive Bidding Acknowledgment ......................................................................................................................................................... 67 17.2 Bond Requirements ......................................................................................................................................................................................... 68 17.3 Compliance with Section 255.05, Florida Statutes ....................................................................................................................................... 68 17.4 Compliance with Section 287.0582, Florida Statutes................................................................................................................................... 68 17.5 Local Business Preference ............................................................................................................................................................................. 68 18. MISCELLANEOUS LEGAL PROVISIONS .............................................................................................................................................................. 68 18.1 Venue and Jurisdiction ................................................................................................................................................................................... 68 18.2 Waiver of Jury Trial .......................................................................................................................................................................................... 68 18.3 Sovereign Immunity ......................................................................................................................................................................................... 68 18.4 Severability ....................................................................................................................................................................................................... 69 18.5 No Third-Party Beneficiaries .......................................................................................................................................................................... 69 18.6 Entire Agreement ............................................................................................................................................................................................. 69 18.7 Materiality and Waiver of Breach ................................................................................................................................................................... 69 18.8 Force Majeure ................................................................................................................................................................................................... 69 18.9 Counterparts ..................................................................................................................................................................................................... 70 18.10 Time of Essence ............................................................................................................................................................................................. 70 18.11 Survival ........................................................................................................................................................................................................... 70 18.12 Amendments .................................................................................................................................................................................................. 70 18.13 Headings ......................................................................................................................................................................................................... 70 18.14 No Construction Against Drafter.................................................................................................................................................................. 70 18.15 No Lien ............................................................................................................................................................................................................ 70 18.16 Independent Contractor ................................................................................................................................................................................ 71 18.17 Attorney’s Fees .............................................................................................................................................................................................. 71 18.18 Representation of Authority ......................................................................................................................................................................... 71 218 City of Boynton Beach Purchasing Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop 1 (Operator Term Contract) The City of Boynton Beach ADVERTISEMENT NOTICE TO PROPOSERS REQUEST FOR PROPOSALS RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop (Operator Term Contract) The e-procurement system shall receive Electronic Requests for Proposals (RFPs) up until May 29, 2025; No Later Than 3:00 P.M. (Local Time); unless specified otherwise, and may not be withdrawn within (120) Calendar days after such date and time. All RFPs received will be publicly opened and acknowledged electronically upon receipt by the City’s e-procurement system. The e-procurement system does not permit RFPs received after the assigned date and time. For the above reasons, it is recommended that the proposer(s) allow sufficient time to complete their online Submission and to resolve any issues that may arise. ATTENTION, ALL INTERESTED PROPOSERS: To obtain documents online, please visit Boynton-beach.bidsandtenders.net. Documents are not provided in any other manner. INTRODUCTION AND SCOPE OF REQUESTED SERVICES: The City of Boynton Beach is seeking proposals from qualified vendors to operate an on-site bait and tackle shop located at 2020 S Federal Hwy, Boynton Beach FL, 33435. The selected proposer or Operator will provide a fully stocked store catering to fishermen and boaters with essential supplies. This initiative aims to enhance the fishing and boating experience in the area while supporting a convenient retail location for last-minute needs. Revenue opportunities anticipated under this partnership include, but are not limited to: i. A base facility rental or lease fee ii. Revenue-sharing through gross monthly sales iii. Branded merchandise and product promotion iv. Strategic marketing and sponsorship collaborations v. Supply sales This is an exciting opportunity for a seasoned operator to bring a dynamic, creatively curated bait and tackle shop—fueled by entrepreneurial vision—to a facility poised to become a cornerstone of the Harvey E. Oyer Jr. Park Boat Ramp in Boynton Beach. Proposers must demonstrate at least two (2) years of experience operating a bait and tackle retail business and shall provide two years of verifiable financial documentation certified by a Certified Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P. O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6310 219 City of Boynton Beach Purchasing Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop 2 (Operator Term Contract) Public Accountant to establish a consistent and successful track record within the industry. PRE-PROPOSAL CONFERENCE: A NON-MANDATORY Pre-Proposal Conference and Site Visit Meeting is scheduled for May 13, 2025, at 10:30 AM, and will be held at the City of Boynton Beach City Hall Room 115, 100 East Ocean Avenue, Boynton Beach, Florida 33435. Immediately following the conference, there will be a site visit to tour the facility. All Proposers are strongly encouraged to visit the project site to gain a comprehensive understanding of the facility’s scope, assess any site-specific requirements, and identify any special measurements that may be necessary for proposal preparation. A Pre-Proposal Conference and Site Visit will be held as scheduled in the solicitation timeline. This meeting will be recorded, and attendance is strongly recommended for all firms intending to submit a proposal. The purpose of the meeting is to provide a forum for discussing the proposed contract, reviewing the solicitation requirements, answering questions, outlining the qualifications requested, and offering instructions for submitting proposals. Additional relevant project information may also be addressed. Sealed Proposal Packages must be submitted electronically through the City’s encrypted procurement management system, bids&tenders™, no later than the date and time indicated in the solicitation. Late submissions will not be accepted under any circumstances. In the event of any dispute regarding the submission time, the system’s timestamp shall prevail, and any uncertainty will be resolved in favor of the City. If discussions during the Pre-Proposal Conference, in the City’s opinion, warrant any official changes to the solicitation documents, the City will issue an addendum as deemed appropriate. No oral statements or discussions during the meeting shall be considered binding or relied upon as official representations. All questions prior to the Pre-Proposal Conference must be submitted in writing through the City’s e-procurement system by the deadline specified in the solicitation. To submit a question, use the “Submit a Question” button within the bids&tenders™ platform under the specific solicitation. 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 at the advertisement of the Request for Proposal (RFP and shall remain in effect until the City Commission awards or approves a contract, rejects all responses, or otherwise takes action that ends the solicitation process. While the cone of silence is in effect, no Operator 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 Division Director or designee. (Section 2-355 of the Palm Beach County Code of Ordinances.) Failure to abide by this provision may serve as grounds for disqualification for award of contract to the proposer. Further, any contract 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- proposal 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 220 City of Boynton Beach Purchasing Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop 3 (Operator Term Contract) 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 §119.071, sealed Proposal responses received by the City in response to a Request for Proposal are exempt from public records disclosure requirements until thirty (30) business days after the opening of the Proposals unless the City announces intent to award sooner. If the City rejects all Responses submitted in accordance with a Request for Proposal, 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 Proposal response, or reply is not exempt for longer than twelve (12) months after the initial City notice rejecting all Proposals or replies. CITY OF BOYNTON BEACH 221 City of Boynton Beach Purchasing Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop 4 (Operator Term Contract) RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop (Operator Term Contract) SECTION I – INSTRUCTIONS TO PROPOSERS – SUBMISSION REQUIREMENTS Procurement Definition: A Request for Proposal (RFP) is a procurement method where the City requests proposals to complete a project or enter a term contract. This methodology permits discussions with responsible offerors and revisions to proposals prior to the award of a contract. The Proposer’s qualifications, experience, revenue-sharing proposal, and presentations with the short-listed firms will be factors in the evaluation. The City shall select the most advantageous proposal that best fits the City’s needs. Proposals will be evaluated by an evaluation committee based on the criteria set forth in Section IV – Evaluation of Proposals. PURCHASING DIVISION Our Purpose: The City of Boynton Beach's Purchasing 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. 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. Key Goals: As guardians of the public trust, our Purchasing 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. 222 City of Boynton Beach Purchasing Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop 2 (Operator Term Contract) 1.0 DEFINITIONS Whenever the following terms appear in the RFP or 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 Operator 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. “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 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 iss ued 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. “Operator " The individual or firm that successfully receives the award for work to be completed as defined by this solicitation. Also referred to as the Successful Proposer. “Defective” An adjective which, when modifying the Work, refers to Work that is unsatisfactory, faulty, or deficient, 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. 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 Operator or subject matter experts who are assigned to evaluate the submitted proposals. “Interested parties” Firms or proposers interested in the solicitation and plan to eventually become proposers. “Notice to Proceed” A written notice given by the City to the Operator fixing the date on which the contract time will commence to run and on which the Operator shall start to perform the Operator’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. “Proposer/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,” “Proposer,” and “Responder” are used interchangeably and have the same meaning. “Request for Proposals (RFP)” A method of procurement permitting discussions with responsible offerors and revisions to proposals prior to the award of a contract. “Sub-Operator” Any person, firm, entity, or organization, other than the employees of the Operator, who contracts with the Operator 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 Operator. “Responsible Proposer” This means a person or firm capable of fully performing the requirements in the RFP and agreement and having the tenacity, perseverance, experience, integrity, reliability, capacity, facilities, equipment, and credit to ensure good faith performance. “Responsive Proposer” This means a Person or firm who has submitted a Proposal that conforms in all material respects to the requirements outlined in this RFP. 223 City of Boynton Beach Purchasing Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop 3 (Operator Term Contract) “Written Amendment” A written amendment of the Contract Documents, signed by the City and the Operator on or after the Effective Date of the Agreement and typically dealing with non-technical aspects rather than strictly work-related aspects of the Contract Documents. “Unit Price or Hourly Wage Work” Work to be paid for based on unit prices outlined within the RFP. “Project, Services, or Program” All matters that will be required to be done by the Operator in accordance with the Scope of Work, Terms and Conditions, and Special Provisions of this RFP. The following instructions are given to guide Proposers in adequately preparing their response. 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) RL = Request for Letter of Interest (LOI) Q = Request for Qualifications (RFQ) RQ = Request for Quote (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 Request for Proposal (RFP) is a procurement method in which the City requests proposals to complete a project or enter into a term contract. This methodology permits discussions with responsible offerors and revisions to proposals prior to the award of a contract. The Proposer’s qualifications, experience, revenue-sharing proposal, and presentations with the short-listed firms will be factors in the evaluation. The City shall select the most advantageous proposal that best fits the City’s needs. Proposals will be evaluated by an evaluation committee based on the criteria set forth in Section IV – Evaluation of Proposals. 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. Proposers 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 RFP Submission and resolve any issues that may arise. The online e-procurement system’s web clock shall determine the closing time and date. F. Proposers should contact bids&tenders support listed below at least twenty-four (24) hours prior to the closing time and date if they encounter any problems. 224 City of Boynton Beach Purchasing Division RFP No: 25-051R – Harvey E. Oyer Jr. Bait & Tackle Shop 4 (Operator Term Contract) G. The e-procurement system will send a confirmation email to the Operator 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 Proposal, 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 requiremen ts (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 during site visits or in review of applicable laws with the Proposal Documents; and must promptly notify the Procurement Officer of all conflicts, errors and discrepancies, if any, in the Proposal 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 PROPOSER To be eligible to participate in this RFP, the proposing firm or principals must demonstrate that they, or the principals assigned to the contract, have successfully provided services similar in 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 PROPOSERS 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 is not required to award any jobs to a Proposer, and, if awarded, the Contract “Operator” based solely on their lowest e-submission revenue generating a proposal. C. Awards will be based on past performance and quality of work in addition to the Operator’s RFP response. D. If selected for a contract, all Operators must perform to the satisfaction of the City before being considered for award of additional contracts. E. Operator whose performance is unsatisfactory shall be subject to debarment or suspension. 1.7 PRE-PROPOSAL CONFERENCE The City will hold an in-person, non-mandatory pre-proposal conference for this project. The information regarding such a meeting will be noted on the 1st and 2nd 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 Proposers through the City’s e- Procurement system Boynton-beach.bidsandtenders.net, it is the responsibility of each Operator to have received ALL addenda issued. Proposers 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. 225 City of Boynton Beach Purchasing Division RFP No: 25-051R – Harvey E. Oyer Jr. Bait & Tackle Shop 5 (Operator Term Contract) If a Proposer submits their proposal before the solicitation 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 Proposer can view this status change in the “MY BIDS” section of the e-procurement system. A. The Proposer is solely responsible for creating any required adjustments to their Proposal, acknowledging the addenda, and ensuring the re-submitted Proposal is RECEIVED by the e-procurement System no later than the stated Proposal closing time and date. B. The Proposer is responsible for submitting written questions or requesting clarification for items included in this solicitation through bids&tenders. C. All responses to questions or inquiries, interpretations , and supplemental instructions will be in the form of a written addenda, which, if issued, will be posted through bids&tenders. D. No verbal interpretations may be relied upon. E. Failure of any Proposer to receive any such addenda or interpretation shall not relieve any Proposer from any obligation under a response as submitted. All addenda so issued shall become a part of the solicitation document. F. Proposer shall acknowledge receipt of any addenda through the e-procurement system by checking a box for each addendum and any applicable attachment. G. It is the Proposer's responsibility to have received all issued addenda. Proposers should check online at Boynton-beach.bidsandtenders.net prior to submitting their Submittal and up until the solicitation closing time and date in the event additional addenda are issued. H. If any interested parties have received this RFP 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. I. No negotiations, decisions, or actions shall be initiated by the Proposer because of any discussions with a City employee. J. Only those communications in writing from the Purchasing Division may be considered a duly authorized expression. Also, only communications from proposers submitted through bids&tenders in writing will be recognized by the City as duly authorized expressions on behalf of the Proposer. K. Late Submittal Responses are not permitted by the e-procurement system. L. To ensure receipt of the latest information and updates via email regarding this solicitation, or if a Proposer has obtained this solicitation from a third party, the responsibility is on the Proposer to create an e-procurement system vendor account and register as a plan taker for the solicitation with bids&tenders. M. All expenses for making submittal responses to the City are to be borne by the Proposer. 1.9 MISTAKES WITHIN RFP Proposers 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 Proposer to any relief from the conditions imposed in the Agreement 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 SOLICITATION SUBMISSIONS ONLY. B. Hardcopy submissions are not permitted. C. Electronic Request for 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 Proposer to have their Request for Proposals submittal submitted online. E. All proposals shall be submitted in English. 226 City of Boynton Beach Purchasing Division RFP No: 25-051R – Harvey E. Oyer Jr. Bait & Tackle Shop 6 (Operator Term Contract) F. All prices, terms, and conditions proposed in the submitted response shall be expressed in U.S. Dollars and will be firm for acceptance for ONE HUNDRED TWENTY (120) calendar days after the closing of the RFP. 1.11 SOLICITATION FORMS A. The Proposer will submit a response to the solicitation (RFP) 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 Proposer must state the price and the time of delivery for which they propose to deliver the equipment or service requested. C. The Proposer must be licensed to do business as an individual, partnership, or corporation in the State of Florida. D. All proposal submission forms should be executed and submitted for easy identification. Responses not submitted on the proposal submission forms may be rejected. E. All proposal submissions are subject to the conditions specified in this solicitation document. Submittals that do not comply with these conditions may be rejected. 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 Proposer, or if the investigation of such Proposer, fails to satisfy the City that such Proposer 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 proposers. A proposal shall be considered irregular and may be rejected if it indicates serious omissions, alterations in form, additions not called for, conditions, 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 WITHDRAWAL OF PROPOSALS Any Responder may, without prejudice to themself, withdraw its 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 withdrawn. 1.16 NO SUBMITTAL A NO SUBMITTAL response can be submitted online through bids&tendersTM the e-procurement system. 1.17 SOLICITATION DEADLINE The Proposer 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. 227 City of Boynton Beach Purchasing Division RFP No: 25-051R – Harvey E. Oyer Jr. Bait & Tackle Shop 7 (Operator Term Contract) 1.18 RIGHTS OF THE CITY FOR THIS REQUEST FOR PROPOSALS (RFP) The City reserves the right to the following: A. Reject any or all proposals. B. Reject or cancel any or all proposals during the procurement process. C. Reissue the solicitation. D. Extend the RFP deadline time and date. E. Procure any item by other means. F. Increase or decrease the quantity specified in the Request for Proposals (RFP). G. Consider and accept an alternate proposal as provided herein when most advantageous to the City. H. Waive any defect, irregularity, or informality in any RFP 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 Proposer(s) representing the most advantageous submission to the City. J. In determining the “most advantageous proposal ,” price, quantifiable factors, and other factors are considered. Such factors include but are not limited to: a. Statement of Work b. Price Proposal c. Other factors contributing to the overall RFP outlined in SECTION IV – EVALUATION OF PROPOSALS. K. Consideration may be given but is not necessarily limited to conformity to the specifications, including timely delivery; product warranty; a Proposer’s proposed service; ability to supply and provide service; delivery to required schedules ; and past performances in other agreements 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, addressed to the Division Director, Purchasing, via hand delivery, or mail, along with a protest cash bond in an amount equal to 5% of the submittal price 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 a Request for Proposal, it must be received before the solicitation submittal deadline date. B. If the protest relates to any other matter relating to the solicitation, including the intent to award of an agreement, the protest must be received no later than THREE (3) regular business days after the date of the intent to award notification of 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 Proposer has the following: 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 contractual requirements. B. A satisfactory record of performance. C. A satisfactory record of integrity. D. Qualified legally to contract within the State of Florida and the City of Boynton Beach. 228 City of Boynton Beach Purchasing Division RFP No: 25-051R – Harvey E. Oyer Jr. Bait & Tackle Shop 8 (Operator Term Contract) E. Supplied all necessary information in connection with the inquiry concerning responsibility. 1.21 DISQUALIFICATION OF PROPOSER More than one Proposal from an individual, firm, partnership, corporation, or association under the same or different names shall not be considered. All proposals shall be rejected if there is reason to believe collusion exists between proposers. Automatic disqualifiers are as follows: A. Not being licensed to perform the required work by the Proposer. B. Not being eligible to submit a proposal due to violations listed under “Public Entity Crimes.” C. Not completing all required forms outlined in Section III 3.4 F. 1.22 INFORMATION AND DESCRIPTIVE LITERATURE The Proposer must furnish all information requested in the spaces provided on the proposal submission form. Further, as may be specified elsewhere, each Proposer may need to submit cuts, sketches, descriptive literature, and technical specifications covering the products or services offered for proposal evaluation. Reference to literature submitted with a previous submittal or on file with the City will not satisfy this provision. 1.23 INTERPRETATIONS To ensure fair consideration for all Proposers, 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 Proposer would 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 Proposer shall direct questions to the Purchasing representative through the e-procurement solicitation system only by clicking on the “Submit a Question” button for this solicitation, no later than ten (10) calendar days prior to the solicitation deadline. 1.24 CERTIFICATIONS, LICENSES, AND PERMITS A. Unless otherwise directed by the City, the Proposer would 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 Proposer. B. If applicable, the Proposer shall also maintain a current Local Business Tax Receipt (Occupational License) for the County and all permits required to complete the 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 Proposer 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 Proposer to ensure all required certifications, licenses, and permits are maintained and are current throughout the term of the Agreement, 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 Agreement. 1.25 SUB-CONSULTING A. If a Proposer utilizes sub-Proposer for any portion of the Agreement for any reason, the Proposer will state the name and address of the sub-Proposer and the name of the person to be contacted on the online form within the e-procurement system under “Schedule of Sub-Proposer.” B. The City of Boynton Beach reserves the right to accept or reject any or all proposals wherein a sub-Proposer is named and to make the award to the Proposer, who, in the opinion of the City, will be in the best interest of and/or most advantageous to the City. 229 City of Boynton Beach Purchasing Division RFP No: 25-051R – Harvey E. Oyer Jr. Bait & Tackle Shop 9 (Operator Term Contract) C. The City also reserves the right to reject a submission of any Proposer if the solicitation names a sub-Proposer 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-Proposer to determine the foregoing. E. The sub-Proposer will be equally responsible for meeting all requirements specified in this Request for Proposals (RFP). F. Proposers 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 PROPOSER A. 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. B. Any exceptions taken to the terms and conditions of the solicitation or the City’s Agreement shall be considered a part of the Proposer’s solicitation response and will be considered by the City in its evaluation. Any exception not specifically stated is deemed waived. Submission of any exceptions does not denote acceptance by the City. Furthermore, taking exceptions to the City’s terms and conditions may be viewed unfavorably by the City/evaluation committee and ultimately may impact the overall evaluation of a Proposer’s submittal. C. The use of the Proposer’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 Proposer’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 Proposer submits any documents or other information to the City that the Proposer claims are Trade Secret information and exempt from Florida Statutes Chapter 119.07 (Public Records Laws), the Proposer shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Proposer 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 Proposer’s proposal constitutes a Trade Secret. The City’s determination of whether an exemption applies shall be final, and the Proposer 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 Proposer shall complete the Anti-Kickback Affidavit Form and shall submit this form with their Proposal. The City considers the failure of the Proposer to submit this document to be a major irregularity and may be cause for rejection of the Proposal. 230 City of Boynton Beach Purchasing Division RFP No: 25-051R – Harvey E. Oyer Jr. Bait & Tackle Shop 10 (Operator Term Contract) 1.30 CONFLICT OF INTEREST / GIFT POLICY The Proposer 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 Proposers shall disclose the name of any City employee or relative of a City employee who owns, directly or indirectly, an interest of ten percent (10%) or more in the Proposer’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 Proposer considered for a City contract. In addition, the Proposer 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 proposer. B. ORGANIZATIONAL CONFLICT OF INTEREST: The Proposer shall not have activities or relationships (a) causing the Proposer to be unable, or potentially unable, to render impartial assistance or advice to the City; (b) impairing the Proposer's objectivity in performing the contract work; or (c) resulting in an unfair competitive advantage. 1.31 GIFT POLICY No Proposer who is a party to, or receives a benefit from, this Agreement 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 Proposer who is a party to, or receives a benefit from, this Agreement. 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 Proposer 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. “For all acquisitions made pursuant to Requests for Proposals, Requests for Qualifications , or Requests for Letters of Interest, the solicitation shall include a criterion for Local Businesses of five percentage points (5%) of the total points in the evaluation criteria published in the solicitation. Local Preference shall not be applied when its application would result in an award that exceeds the otherwise lowest responsive, responsible Proposer by 5% or $5,000 whichever is lower. 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.” 231 City of Boynton Beach Purchasing Division RFP No: 25-051R – Harvey E. Oyer Jr. Bait & Tackle Shop 11 (Operator Term Contract) Respondents must include the Local Business Status Certification acknowledgement with their RFP submissions to be considered for a local business preference. Failure to submit this form at the time of RFP 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 AGREEMENT: A. Agreement(s) or purchase order(s) will be awarded by the City to the most qualified, responsive, responsible Proposer 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 Proposer, damages, if any, resulting from an award shall be limited to actual proposal preparation costs incurred by the challenging Proposer. Each party shall be responsible for its own attorney’s fees and costs. D. In no case will the award be made until all necessary investigations have been made into the Proposer's responsibility and the City is satisfied that the most qualified, responsive, responsible Proposer 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 AGREEMENT: An Award Letter will be presented to the Proposer. Within ten (10) calendar days after the award letter is issued, the Proposer should sign and deliver the Agreement to the City with the required bonds (if applicable) and insurance certificates. After receiving and approving such documents, the Agreement would be executed within thirty (30) calendar days. The City intends to deliver a fully signed and executed Agreement to the Proposer. At times, a purchase order will be issued in lieu of a formal agreement. THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY 232 City of Boynton Beach Purchasing Division RFP No: 25-051R – Harvey E. Oyer Jr. Bait & Tackle Shop 12 (Operator Term Contract) RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop (Operator Term Contract) SECTION II – SCOPE OF WORK (SERVICES) – TERM CONTRACT 2.1 BACKGROUND The City of Boynton Beach is seeking proposals from qualified vendors to operate an on- site bait and tackle shop located at 2020 S Federal Hwy, Boynton Beach, FL, 33435. The selected proposer or Operator will provide a fully stocked store catering to fishermen and boaters with essential supplies. This initiative aims to enhance the fishing and boating experience in the area while supporting a convenient retail location for last-minute needs. 2.2 SCOPE OF SERVICES The City of Boynton Beach is soliciting proposals from qualified vendors to operate a full- service, onsite bait and tackle shop designed to meet the needs of the local fishing and boating community. The selected operator will provide a well-stocked retail space offering all essential products that fishermen and boaters may need, particularly those items frequently forgotten before heading out to sea. The Operator will be responsible for the utility and electric bill for the facility. A. Core Offerings Must Include: i. Frozen Bait: A reliable supply of commonly used frozen bait for both inshore and offshore fishing, including but not limited to ballyhoo, shrimp, squid, sardines, and mullet. ii. Tackle: A variety of tackle items such as hooks, sinkers, leaders, lures, and swivels to accommodate various fishing styles and preferences. iii. Accessories: A range of boating and personal-use accessories including hats, sunglasses, seasick pills, face buffs, towels, bottled water, and sodas. iv. Tools: Essential fishing tools including pliers, fillet knives, cutters, buckets, and gloves. v. Artificial Baits: An assortment of artificial lures including jigs, spoons, and other commonly used options. vi. Grab-and-Go Food (Pending Approval): Pre-packaged meals or sandwiches, that are stamped with an expiration date, or similar food items, enabling early morning customers to conveniently grab a bite before heading out on the water. B. Additional Feature: Ice Vending Machine Vendors should also include plans to install and maintain a 24-hour ice vending machine on the east side of the building. The machine must be accessible at all hours, offering both bulk and bagged ice to help customers preserve their catch and provisions. C. Hours of Operation i. Proposed shall propose to the City the hours they would like to operate the bait and tackle shop, with the flexibility to adjust hours upon request by the City. ii. Special accommodations may be required for City-hosted events or holiday activities. D. Parking and Site Use i. The operation is expected to require no more than two (2) dedicated staff parking spaces. 233 City of Boynton Beach Purchasing Division RFP No: 25-051R – Harvey E. Oyer Jr. Bait & Tackle Shop 13 (Operator Term Contract) ii. Customers will typically pull up for brief visits to pick up supplies prior to launching their boats, minimizing the need for long-term parking or congestion near the ramp. 2.3 PICTURES OF THE FACILITY The building's structure is approximately 21 feet by 23 feet, and it contains one bathroom and one office. 234 City of Boynton Beach Purchasing Division RFP No: 25-051R – Harvey E. Oyer Jr. Bait & Tackle Shop 14 (Operator Term Contract) 235 City of Boynton Beach Purchasing Division RFP No: 25-051R – Harvey E. Oyer Jr. Bait & Tackle Shop 15 (Operator Term Contract) 236 City of Boynton Beach Purchasing Division RFP No: 25-051R – Harvey E. Oyer Jr. Bait & Tackle Shop 16 (Operator Term Contract) 237 City of Boynton Beach Purchasing Division RFP No: 25-051R – Harvey E. Oyer Jr. Bait & Tackle Shop 17 (Operator Term Contract) Please note that the City will clear the entire building prior to awarding the contract to the Operator. 238 City of Boynton Beach Purchasing Division RFP No: 25-051R – Harvey E. Oyer Jr. Bait & Tackle Shop 18 (Operator Term Contract) 239 City of Boynton Beach Purchasing Division RFP No: 25-051R – Harvey E. Oyer Jr. Bait & Tackle Shop 19 (Operator Term Contract) 240 City of Boynton Beach Purchasing Division RFP No: 25-051R – Harvey E. Oyer Jr. Bait & Tackle Shop 20 (Operator Term Contract) 241 City of Boynton Beach Purchasing Division RFP No: 25-051R – Harvey E. Oyer Jr. Bait & Tackle Shop 21 (Operator Term Contract) 242 City of Boynton Beach Purchasing Division RFP No: 25-051R – Harvey E. Oyer Jr. Bait & Tackle Shop 22 (Operator Term Contract) 243 City of Boynton Beach Purchasing Division RFP No: 25-051R – Harvey E. Oyer Jr. Bait & Tackle Shop 23 (Operator Term Contract) 2.4 TERM OF CONTRACT The City will award this contract for a FIVE-YEAR (5) period and reserves the right to extend for an additional TWO (2) additional TWO-YEAR periods with City Approval required. 2.5 VISION The City of Boynton Beach envisions the on-site bait and tackle shop as a vibrant amenity that enhances the waterfront experience for residents and visitors alike. This retail offering will serve as a one-stop destination for fishing and boating essentials, supporting recreational and professional anglers while contributing to the City’s goal of fostering a thriving, accessible, and service-oriented marina environment. Through this public-private partnership, the City aims to promote local economic development, elevate customer 244 City of Boynton Beach Purchasing Division RFP No: 25-051R – Harvey E. Oyer Jr. Bait & Tackle Shop 24 (Operator Term Contract) convenience, and reinforce Boynton Beach’s reputation as a premier coastal community, gateway to the Gulf Stream for outdoor and marine activities. 2.6 PROPOSER’S VISIONARY FIVE-YEAR PLAN Proposers are encouraged to articulate a forward-thinking five-year vision that aligns with the City’s commitment to enhancing the marina experience. This plan should outline how the bait and tackle shop will evolve over time to meet the growing needs of the fishing and boating community. Proposers should consider long-term goals such as expanding product offerings, integrating new technologies for customer convenience, hosting educational or community events, and incorporating sustainable business practices. The vision should demonstrate a clear roadmap for continuous improvement, customer engagement, and partnership with the City to elevate the marina as a regional destination for recreational and marine activity. 2.7 FACILITY MANAGEMENT OPERATIONS The selected proposer shall be responsible for the daily management, cleanliness, and overall upkeep of the bait and tackle shop facility, including any outdoor vending components such as the ice machine. This includes maintaining organized and well- stocked displays, ensuring all equipment and fixtures are in safe working condition, and providing routine cleaning of both interior and exterior areas to maintain a professional and welcoming environment. Proposers must outline their plan for staffing, inventory control, safety procedures, and maintenance schedules. The facility must comply with all applicable health, safety, and building codes. The City reserves the right to inspect the premises at any time to ensure compliance with operational standards and the terms of the agreement. The Operator agrees to maintain the Havey Oyer Site in a clean, safe, and sanitary condition at all times that promotes a healthy and safe environment. 2.8 FACILITY UPGRADES Proposers are encouraged to include in their proposal any recommended facility upgrades that would enhance the functionality, aesthetics, and customer experience of the bait and tackle shop. These may include interior renovations, signage improvements, ext erior enhancements, lighting upgrades, or the integration of energy-efficient systems. Any proposed improvements must align with the City’s design standards and be pre- approved by the City prior to implementation. The proposer shall be responsible for the cost, permitting, and coordination of all approved upgrades unless otherwise negotiated. Proposed enhancements should demonstrate long-term value, improve operational efficiency, and contribute to the overall appeal of the marina environment. 2.9 FACILITY USE The selected proposer shall utilize the designated space solely for the purpose of operating a bait and tackle shop in support of the fishing and boating community. The facility is intended to serve as a convenient, customer-focused retail environment that provides essential products and services aligned with the scope outlined in this RFP. Any alternative or ancillary use of the facilities such as food service, vending, or hosting events—must receive prior written approval from the City of Boynton Beach. 245 City of Boynton Beach Purchasing Division RFP No: 25-051R – Harvey E. Oyer Jr. Bait & Tackle Shop 25 (Operator Term Contract) The proposer shall ensure that all operations remain consistent with the intended public benefit of the space, complementing the marina's overall function as a recreational and tourism asset. The contract agrees that no one can become a tenant of the property or be allowed to have sleeping quarters overnight at the facility. Operator agrees not to allow the facility to become vacant or unoccupied, which will be a violation and breach of contract. Operator agrees to use the facility only for lawful activities, not as a storage facility of any kind, and abides by all regulatory requirements of the City in reference to noise or detriment. No illegal activities shall be tolerated and shall be grounds for immediate breach and termination of the contract. The City reserves the right to inspect and review the property at any time to confirm compliance. 2.10 SECURITY OF FACILITY The Operator shall be responsible for implementing and maintaining adequate security measures to protect the facility, its inventory, equipment, and customers 365 days a year. This includes securing all entry points during non-operating hours, installing appropriate locks and alarm systems, and ensuring the premises are well-lit and monitored as necessary. Proposers are encouraged to outline their approach to safeguarding cash handling, employee protocols, and overnight storage of high-value items. The City shall not be held liable for any theft, loss, or damage to the proposer’s property. All security protocols must comply with applicable laws and be reviewed and approved by the City prior to installation or implementation. Any events that threaten personal property, cause life safety issues for residents, or cause health hazards to the general public must be reported immediately to the City as an Incident Report. The Incident Report must include the following information: date and time of the event, ,the parties who were involved and a description of what happened and submitted to Craig Clark, Director of Recreation & Cultural Services (clarkc@bbfl.us) , Fabien Desrouleaux, Assistant Director of Recreation & Cultural Services and (RiskManagement@bbfl.us). The Operator shall keep a running list of all incidents and report on a monthly basis to the City’s Recreation & Cultural Services. 2.11 FACILITY BRANDING AND MARKETING PROMOTION Operator must have written approval of all items sold and that will be branded or marketed with City logo symbols. Apparel items used for product promotions, marketable items will include all merchandise that is created for the facility marketing efforts and special events programs that will be held on the facility site, virtual or on the website. Operator agrees to provide a rate percentage of total gross sales of all products, endorsements, and merchandise to be paid on a monthly basis to the City as a part of revenue sharing expense. 2.12 GRANT RELATED CAPITAL IMPROVEMENT PROJECTS The Proposers agrees to work with the City on grant funded projects sponsored by the City for Capital Improvement Projects and to maintain compliance for audits and general record keeping, storage and reporting requirements as stated in the grant applications. 246 City of Boynton Beach Purchasing Division RFP No: 25-051R – Harvey E. Oyer Jr. Bait & Tackle Shop 26 (Operator Term Contract) The City will establish a shared revenue percentage based on the Statement of Work and funds available from the grant funding source. The Statement of Work will describe what resources and services are needed from the Operator. 2.13 MINIMUM QUALIFICATIONS OF PROPOSER Qualifications will only be considered from firms engaged in providing services as described in this RFP and who can provide evidence that they have established a satisfactory performance record in meeting the qualification requirements established in the RFP. Emphasis should be placed on the qualifications and experience of key personnel who will be directly involved in the work. Any sub-operator proposed for collaboration shall be identified. The responder should submit the following information with a statement of qualifications. The City will use this information, along with any other data, to determine whether the responder is qualified to provide the specified service and work. Proposers must meet the following minimum qualifications to be considered responsive: A. Industry Experience: At least two (2) years of verifiable experience in operating a bait- and-tackle retail business or a similar marine-focused retail operation. B. Financial Stability: Ability to provide recent financial statements or other verifiable documentation demonstrating the financial capacity to operate and sustain the business. C. Licensing and Compliance: Possession of all required local, state, and federal licenses, permits, and certifications necessary to operate a retail business in Florida, including those applicable to the sale of bait, food, beverages, and any vending machines. D. Operational Capability: Demonstrated ability to maintain consistent hours of operation, manage inventory, provide exceptional customer service, and uphold facility cleanliness and safety standards. E. Staffing Plan: Sufficient staffing resources to support daily operations, with staff trained in retail customer service, product knowledge, and general safety procedures. F. Insurance Requirements: Ability to obtain and maintain all insurance coverage as required by the City, including general liability, property, and workers’ compensation insurance. The Operator shall obtain product liability insurance and provide guidance on bait selection; therefore, they are required to maintain professional liability insurance. 2.14 EXPECTED TIMELINE BY THE CITY The City plans to award this contract by the Summer of 2025. The Proposer(s) shall act as an independent Operator and not as an employee of the City. 2.15 GENERAL The Operator(s) shall furnish all tools, materials, equipment, sub-Operator, labor, supervision, necessary to operate the bait and tackle shop. Operator to maintain and complete the assigned as outlined in the agreed-upon scope of work/services provided within this Request for Proposals. The City reserves the right to negotiate the Agreement's final terms, conditions, and pricing structure as may be in the City's best interest. THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY 247 City of Boynton Beach Purchasing Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop 27 (Operator Term Contract) RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop (Operator Term Contract) SECTION III – SUBMISSION OF PROPOSALS 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 RFP. As such, the substance of the Proposal will carry more weight than its length, form, or manner of presentation. The Technical Proposal should demonstrate the qualifications of the Operator and the particular staff to be assigned to this engagement. It should also specify an approach that meets or exceeds the RFP requirements. The Operator shall provide sufficient organization, personnel, and management to carry out the requirements of this RFP expeditiously and economically, consistent with the City's needs. Additionally, the Operator will be required to demonstrate recent experience successfully completing services similar to those specified in this RFP. 3.2 CERTIFICATION AND LICENSES Proposers must include copies of all applicable certificates, licensing, and business permits related to the Work specified in the scope of work with their proposals. 3.3 DETAILED PROPOSAL Each of the Eleven (11) sections listed below shall be completed online through the e- procurement system. ALL PROPOSAL FORMS ARE TO BE COMPLETED ONLINE A. Letter of Interest i. A signed letter summarizing the proposer’s interest in the opportunity and ability to meet the City's needs. ii. Include the primary point of contact's name, title, and contact information. B. Company Profile i. Legal business name, year established, ownership structure, and office location. ii. If the Principal place of business is different than the location specified in the Proposer’s Qualification Statement, then the Operator shall specify the office location where each project will be managed and produced. iii. Summary of business operations and relevant history. iv. Proof of authorization (SUNBIZ) from the Florida Secretary of State to transact business in the State from prime and supporting firms. C. Proposer’s Experience and Qualifications i. Description of management team and key personnel qualifications. ii. An organizational chart that clearly defines the lines of authority and specifically lists the Client Service Manager, Project Manager, and primary Project Professional. These project team members are hereafter referenced as “key contract members”. iii. Provide resumes for all key project members outlining the relevant experience and education. iv. Identify the services that your Firm’s staff would complete and those 248 City of Boynton Beach Purchasing Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop 28 (Operator Term Contract) provided by the sub-Operator, if any. v. Identify any sub-Operator you propose to utilize to supplement your Firm’s staff. (Maximum of 4 pages) vi. Business and Marketing Plan Model vii. Proposer Outline of Investments, Development, and Future Expansion viii. Revenue Sharing Opportunities ix. (SEE SAMPLE CONTRACT FOR FURTHER IDEAS) D. Financial Documentation i Proposer shall demonstrate financial stability and provide a statement of their financial stability, including information as to current or prior bankruptcy proceedings by providing a copy of the most recent audited annual financial statements prepared and certified by a CPA containing a balance sheet, an income statement, and a statement of cash flows. ii The financial statements requested will develop five financial analytical insights, which include the following: a) Working Capital - measures liquid assets that provide a safety cushion to creditors. b) Accounts Receivable – as a percentage of current assets, which will provide information about assets not yet received and therefore unavailable at the present time to be used as resources. c) Receivables to Current Assets - receivables as a percentage of current assets that would reveal the size of receivables in current assets and the opportunity cost associated with it. d) Long Term Debt - measurements representing the percentage of a corporation’s assets that are financed with loans and financial obligations lasting more than one year. e) Cash Ratio - an indicator of a company’s liquidity by measuring the amount of cash, cash equivalents or invested funds there are in current assets to cover current liabilities. E. Operational Plan i Daily operations plan, including staffing, hours of operation, inventory management, and customer service protocols. ii Plan for maintaining cleanliness, safety, and compliance with local City codes. iii Proof of or commitment to obtain all required licenses and permits. iv Certificate of insurance or letter of insurability demonstrating ability to meet City insurance requirements. v Proposer shall demonstrate to the City the cash controls they will create to alleviate the potential of fraud. F. Product and Service Offerings i A list of all bait, tackle, tools, accessories, food and beverage offerings, and any additional merchandise to be sold. ii Description of ice vending machine model, location, and maintenance plan. G. Visionary Five-Year Plan i A forward-looking plan detailing goals for growth, service enhancements, community engagement, and potential facility upgrades. 249 City of Boynton Beach Purchasing Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop 29 (Operator Term Contract) H. Facility Upgrades (Optional) i Any proposed physical or technological upgrades to enhance the appearance, functionality, or customer experience of the space. I. Submittal of General Information and Procurement Forms and Documents Procurement forms should be completed, signed, and notarized when required and submitted. In addition, all other requests and supporting documentation should be included. a. Proposers Qualification Statement – Upload Online b. Non-collusion Affidavit of Proposer– Upload Online c. E-Verify Form Under Section 448.095 – Upload Online d. Certification Pursuant to Florida Statute § 287.135 - Upload Online e. Anti-Kickback Affidavit – Upload Online f. Affidavit of Compliance with Foreign Entity Laws - Upload Online g. Affidavit of Compliance with Anti-Human Trafficking Laws - Upload Online h. Copy of Proposers W9 - Upload Online i. Proposer Acknowledgement – Online Acknowledgement j. Addenda Acknowledgement – Online Acknowledgement k. Confirmation of Minority-Owned Business - Online Form l. Confirmation of Drug-Free Workplace - Online Acknowledgement m. Palm Beach Inspector General - Online Acknowledgement n. Local Business Certification - Supplier Must Present a copy of Certification. o. Statement of non-submittal (if applicable) - Online Form p. Schedule of Sub-Operator – Input list, if applicable. q. Submit current Florida Professional License(s), including evidence of possession of required licenses – Upload Online r. Submit proof of Professional Liability Insurance at the levels identified on the Insurance Advisory Form as an attachment. – Upload Online s. Submit any Supplemental information relative to this RFP – Upload Online J. References – Past Performance - Completed Online i Minimum of three (3) business references in the past ten years with contact information, including the following: a. Address b. Contact Name, Email Address c. Telephone Number ii Include a brief summary of the relationship and services provided. 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 may 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. K. Proposed Revenue Sheet is a separate document where Proposers will input the proposed revenue share for this contract. Completed through bids&tenders. 250 City of Boynton Beach Purchasing Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop 30 (Operator Term Contract) RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop (Operator Term Contract) SECTION IV – EVALUATION OF PROPOSALS 4.1 EVALUATION METHOD AND CRITERIA The City’s Purchasing Division Agent or Designee will conduct a preliminary evaluation of each Proposal through the City’s electronic e-procurement 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 and Selection Committee, herein referred to as “Selection Committee,” comprised of City staff and an outside Proposer(s), if deemed necessary. The Selection 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 Selection Committee will act in what they consider to be the best interest of the City and its residents. Proposed Revenue shall not be the sole determining factor for selection. The selection of the best-qualified Respondent(s) will be based on whether the Respondent(s) are responsible and responsive, which means a Firm that has submitted a proposal that conforms in all material respects to the requirements in this RFP. The criteria provided below is provided to assist the Proposer in the allocation of 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 REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY 251 City of Boynton Beach Purchasing Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop 31 (Operator Term Contract) Evaluation Criteria Table No. Evaluation Criteria Description Max Points Weight (%) TECHNICAL STAGE 1 Experience, Qualifications, and Financial Stability Demonstrated experience (minimum of 2 years) in operating a bait and tackle or similar retail business. Includes review of financial documentation illustrating business stability. 0-20 25% 2 Operational Plan Quality and feasibility of the daily operational approach, including staffing, hours of operation, inventory management, facility maintenance, and compliance with City requirements. 0-20 15% OFFERING TO THE PUBLIC 3 Inventory and Service Offering Relevance and diversity of bait, tackle, accessories, tools, vending, and food offerings as well as the financial stability to meet customer needs. 0-20 15% 4 Implementation Timeline Realism and readiness of the proposed timeline to launch and sustain operations. 0-20 5% PROPOSED REVENUE TO CITY 5 Proposed Monthly Lease Payment Monthly lease amount submitted with the proposal. 15% 6 Proposed Percentage of Gross Sales Monthly percentage of gross sales offered to the City. 15% PREVIOUS REFERENCES 7 References Strength and relevance of references, particularly from municipal or similarly scaled operations. 0-20 5% LOCAL BUSINESS PREFERENCE 8 Local Business Preference Proposer is a registered business with a physical address in the City of Boynton Beach. Documentation must be provided. 0 or 5 5% Total – Written Proposal Up to 145 100% 9 Presentations (If Requested) Presentations to be evaluated separately by the Evaluation Committee if deemed necessary. 0-25 25% Local Business Preference In accordance with City of Boynton Beach Administrative Policy No. 10.16.01, a local business preference of five percentage points (5%) of the total evaluation score shall be applied for businesses located within the City of Boynton Beach. To receive this preference: 252 City of Boynton Beach Purchasing Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop 32 (Operator Term Contract) • Respondents must submit the Local Business Status Certification Form with their proposal. • Failure to submit this form at the time of submittal will result in zero (0) points awarded for this criterion. • Qualifying firms will receive 5 points from each Evaluation Committee member. • Firms not meeting the requirements will receive zero (0) points. Note: This preference is not applicable where prohibited by local, state, or federal grant funding. Scoring Formula – Proposed Monthly Lease Payment Scoring for the lease payment will be calculated proportionally: Score = (P / P_max) × Score_max Where: • P = Proposer’s monthly lease amount • P_max = Highest lease amount among all proposals • Score_max = Maximum points for this criterion (e.g., 20 points) Example (Score_max = 20): • Proposal A: $10,000 → (10,000 / 10,000) × 20 = 20 points • Proposal B: $8,000 → (8,000 / 10,000) × 20 = 16 points • Proposal C: $5,000 → (5,000 / 10,000) × 20 = 10 points Scoring Formula – Proposed Percentage of Gross Sales Scoring for revenue share will be based on the percentage of gross revenue offered: Score = (P / P_max) × Score_max Where: • P = Proposer’s percentage offered • P_max = Highest percentage among all proposals • Score_max = Maximum points for this criterion (e.g., 20 points) Example (Score_max = 20): • Proposal A: 15% → (15 / 15) × 20 = 20 points • Proposal B: 12% → (12 / 15) × 20 = 16 points • Proposal C: 10% → (10 / 15) × 20 = 13.3 points Presentations (If Required) If presentations are requested: • Each shortlisted proposer may be asked to present to the Evaluation Committee. • Presentations will be scored from 0 to 25 points, weighted at 25% of the overall evaluation. • The Committee may choose to waive presentations if a clear top-ranked proposer is evident from the written responses. 253 City of Boynton Beach Purchasing Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop 33 (Operator Term Contract) 4.2 EVALUATION CRITERIA SCORING Each Evaluation Committee Member shall assign a score from 0 to 20 for each criterion based on their individual assessment of the Proposer’s response. The following qualitative guidelines are intended to standardize scoring and ensure consistent evaluations across committee members: 18–20 – Outstanding Response A highly comprehensive and exceptional submission that exceeds all stated requirements. The proposal is detailed, insightful, and demonstrates authoritative expertise. It may include innovative recommendations or value-added elements not specifically requested but beneficial to the City. 15–17 – Excellent Response A well-developed and thoughtful response that fully meets all RFP requirements. The proposal reflects strong experience, understanding, and preparedness relevant to the category, and offers meaningful insights. 11–14 – Good Response A solid and complete submission that meets all requirements. The response is clear, logical, and demonstrates a good grasp of the subject matter, with no significant weaknesses. 6–10 – Fair Response An adequate submission that meets the basic expectations but lacks depth or detail. While complaint, the proposal provides limited insight or added value and reflects only a moderate understanding of the subject. 1–5 – Inadequate Response A minimal or insufficient response that barely meets the criteria. The proposal lacks clarity, completeness, and understanding of the RFP requirements. 0 – Failed or No Response The proposer failed to address the evaluation criterion or did not provide a response at all. 4.3 ORDINAL RANKING The Evaluation Committee may decide collectively to exercise the option of Ordinal Ranking, in which evaluators rank proposals from best to least favorable based on overall quality, innovation, and feasibility. If ordinal ranking is used, the following criteria will apply: • The highest-ranked vendor will be recommended for the contract award. • The City would negotiate with the top-ranked proposer(s) to finalize contract details before presenting the final contract to the City Commission for approval. 4.4 ADDITIONAL CLARIFICATION The City reserves the right to seek clarification from any or all Proposers if the information received during the evaluation process requires further explanation. Clarifications may be requested either before or after shortlisting, depending on what the Evaluation Committee determines to be in the best interest of the City. 4.5 BEST AND FINAL OFFER A process requested from one Proposer or short-listed proposers for their best price(s) for a specific solicitation before determining a contract award. This shall be at the discretion of the Evaluation Committee. Proposers 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. 254 City of Boynton Beach Purchasing Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop 34 (Operator Term Contract) The City reserves the right to request Best and Final Offers from any or all Proposers if it is determined that further revisions to the proposal, including the proposed price, are necessary. 4.6 SELECTION PROCESS A. An Evaluation Committee consisting of the City’s staff members, and may include outside Consultant 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 RFP. B. This weighted criterion is the evaluation framework the Evaluation Committee uses during the shortlist and scoring process. C. The Evaluation Committee review of proposals meeting will be scheduled and publicly noticed and is open to anyone who wants to attend. All Evaluation Committee members' 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 rankings are determined, City staff or the Evaluation Committee will initiate negotiations with the top-ranked firm. Once an acceptable contract is finalized, which may include a Best and Final Offer, the agenda item with the final contract will be presented to the City Commission for final 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 Proposals (RFP). 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. 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 255 City of Boynton Beach Purchasing Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop 35 (Operator Term Contract) RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop (Operator Term Contract) 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. The term “vendor,” as used below, may collectively apply to vendors, bidders, proposers, Consultant, Proposer, sub proposers, and sub-operator. 5.1 FAMILIARITY AND COMPLIANCE WITH LAWS, CODES AND REGULATIONS: Before submitting a proposal to this RFP, proposers 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. Proposers 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 Proposer shall not be a cause for relief from responsibility. 5.2 NON-COLLUSION Proposer shall not collude, conspire, connive, or agree, directly or indirectly, with any other proposer, 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 a person to fix the price or prices in the proposal submission form or of any other proposer, or to fix any overhead profit, or cost elements of the proposal price of any other responder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against any other proposer, or any person interested in the proposed work. The Proposer 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 Proposers 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 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 proposal in this solicitation. If additional quantities are not acceptable, the price proposal 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: Proposer shall comply with all 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 PROPOSER will in no way be a cause for relief from responsibility. 5.8 ON PUBLIC ENTITY CRIMES All Request for Proposals 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 proposal on a contract or provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to a public entity, may not be awarded or perform work as a PROPOSER, supplier, Sub 256 City of Boynton Beach Purchasing Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop 36 (Operator Term Contract) PROPOSER, vendor, or Proposer 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 AND HEALTH: The Proposer certifies that all material, equipment, etc., contained in this proposal meets all O.S.H.A. requirements. Proposer further certifies that if awarded as the Proposer, 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 Proposer. Proposer certifies that all employees, Sub Proposers, agents, etc. shall comply with all O.S.H.A. and State safety regulations and requirements. 5.12 PALM BEACH COUNTY INSPECTOR GENERAL: The Proposer and, if awarded Proposer, 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 resulting from this solicitation and, in furtherance thereof, may demand and obtain records and testimony from the Proposer and its sub-Proposer and lower-tier sub-Proposer. The Proposer understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Proposer or its sub-Proposer or lower-tier sub-Proposer to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this Agreement justifying its termination. 5.13 OTHER AGENCIES Any Agreement(s) resulting from this RFP and from this submitted proposal may, upon mutual agreement, permit any municipality or other governmental agency to participate in the Agreement 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 Proposer(s). 5.14 VENUE AND GOVERNING LAW: Any and all legal actions arising from or necessary to enforce this solicitation and resulting Agreement will be held exclusively 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 Agreement, the Operator and its sub- Proposer 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 Proposer will take affirmative action to ensure that employees and those of its sub-Proposer 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 Proposer and its sub-Proposer shall agree to post in conspicuous places, available to its employees and applicants for employment, notices to be provided by the contracting officer 257 City of Boynton Beach Purchasing Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop 37 (Operator Term Contract) setting forth the provisions of this nondiscrimination clause. F. The Proposer further agrees that they will ensure that all sub-Proposer, if any, will be made aware of and will comply with this nondiscrimination clause. G. The Proposer 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 PROPOSER RELATIONSHIP: The Proposer and, if awarded Operator, is, and shall be, in the performance of all work, services, and activities under this solicitation and the resulting Agreement, an independent Operator and not an employee or agent of the City. All persons engaged in any of the work or services performed pursuant to the Agreement shall, at all times and in all places, be subject to the Operator's sole direction, supervision, and control. The Operator shall exercise control over the means and manner in which it and its employees perform the work, and in all respects, the Operator's relationship, and the relationship of its employees, to the City shall be that of an independent Operator 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 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, or other response and shall remain in effect until the City Commission awards or approves a contract, rejects all responses, or otherwise takes action that ends the solicitation process. While the cone of silence is in effect, no Operator 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 Proposer. Further, any contract entered into in violation of the cone of silence shall render the transaction voidable. The cone of silence shall not apply to oral communications at any public proceeding, including pre-proposal 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 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 an OPERATOR for any legal fees, court costs, or other legal expenses arising from the interpretation or enforcement of the Agreement, or any other matter generated by or relating to the Agreement. 5.20 NO THIRD-PARTY BENEFICIARIES: No provision of this RFP or agreement/contract to follow with Operator 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 Proposer. 5.21 DIRECT OWNER PURCHASES: The City reserves the right to issue purchase orders for materials to either the PROPOSER/Operator/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, Operator, 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: 258 City of Boynton Beach Purchasing Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop 38 (Operator Term Contract) Any amount of, at the time bidding on, submitting a bid for, or entering into or renewing such Agreement, 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 contract pursuant to the City’s Procurement Policy, provided the State of Florida 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 agreements for goods and services falling within the scope of this solicitation and resultant Agreement when the specifications differ from this solicitation or resultant Agreement, or for goods and services specified in this solicitation when the scope substantially differs from this solicitation or resultant Agreement. 5.25 BUSINESS INFORMATION If a proposing firm is a Joint Venture for the goods/services described herein, the Operator all, upon request of the City, provide a copy of the Joint Venture Agreement signed by all parties. 5.26 AGREEMENT Operator agrees that by submitting a proposal that is accepted by the City of Boynton Beach, a binding Agreement 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 Proposer. The Operator certifies that the proposal has been made by an officer or employee having the authority to bind the Proposer. 5.27 ENDORSEMENTS No endorsements by the City of the goods and/or services will be used by the Operator in any way, manner, or form. 5.28 DRUG-FREE WORKPLACE The Operator 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 Proposer'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 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 contract, the employee will abide by the terms of the statement and will notify the Operator 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 259 City of Boynton Beach Purchasing Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop 39 (Operator Term Contract) 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 Operator represents and certifies that Operator, and all Sub-Operator 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. Operator represents and certifies that Operator, and all Sub-Operator 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 Proposers 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 Proposer's social, political, or ideological interests when determining if the Operator is a responsible Operator. Proposers are further notified that the City's governing body may not give preference to an Operator based on the Proposer'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 OPERATOR 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 are exempt from public records disclosure until thirty (30) calendar days after the opening of the RFP unless the City announces intent to award sooner, in accordance with Florida Statutes 119.071. The Operator 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 which have been created as a part of the vendor's services or authorized by the City as a reimbursable expense, whether generated directly by the Operator, or by or in conjunction or consultation with any other party whether or not a party to the Agreement, whether or not in privity of contract with the City or the Operator, 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 Operator believes to be confidential and exempt from disclosure (i.e., a trade secret or as provided for in Section 119.07, Chapter 688, 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 Operator shall comply with Florida’s Public Records Law. Specifically, the Operator 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 Agreement, Operator shall destroy all copies of such confidential and exempt records remaining in its possession once the Operator transfers 260 City of Boynton Beach Purchasing Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop 40 (Operator Term Contract) the records in its possession to the City; and D. Upon completion of the Agreement, Operator shall transfer to the City, at no cost to the City, all public records in Operator’s possession. All records stored electronically by Operator 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 Operator 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. 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 OPERATOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE OPERATOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK’S OFFICE 100 EAST OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6060 CityClerk@bbfl.us 5.34 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. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK 261 City of Boynton Beach Purchasing Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop 41 (Operator Term Contract) RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop (Operator Term Contract) SECTION VI – SPECIAL PROVISONS – TERM CONTRACT The Operator will be responsible for supplying all necessary labor, staffing, supplies, equipment, and all other needed resources to run the facility operations at its own expense. The City is not responsible for any agreements, contracts, expenditures, debt, or credit incurred by the Operator regarding managing facility operations and additional services mentioned in this RFP for the City of Boynton Beach. The following special conditions shall apply to all Proposers and eventually to the Operator(s) who are awarded the contract for these services. 6.1 ASSIGNMENT Any contract issued pursuant to this request for proposal and the funds that may come due hereunder are not assignable except with the prior written approval of the City. 6.2 AGREEMENT TERM AND EXTENSION The City will award this contract for a FIVE-YEAR (5) period and reserves the right to extend for an additional TWO additional TWO-YEAR periods. The City agrees to an additional ONE HUNDRED EIGHTY (180) calendar days extension by mutual agreement and by filing a written notice signed by the Operator and the City’s Purchasing Department without further City Commission action. This extension shall provide the City with continual services for an additional term of One Hundred and Eighty Calendar days. 6.3 CHANGES TO SCOPE AND ADDITIONAL SERVICES CITY or Operator may, from time to time, request changes that would increase, decrease, or otherwise modify the scope of services, as described in Section II – Scope of Work to be provided under this Agreement subject to the requirements. 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. Operator shall continue to render services while seeking a change order unless such services have not been authorized herein, by written amendment, or change order. Services to be performed while seeking a change order which have not been described herein or in a separate written amendment or change order shall be performed at the Operator’s own risk. In no event will the Operator be compensated for any services which have not been described either herein or in a separate written amendment or change order. 6.4 INDEMNIFICATION The Operator shall indemnify, hold harmless, and defend City and all of City’s current, past, and future officers, agents, and employees (collectively, “Indemnified Party”) from 262 City of Boynton Beach Purchasing Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop 42 (Operator Term Contract) 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 Operator, or any intentional, reckless, or negligent act or omission of Operator, 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, Operator 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. If considered necessary by the Contract Administrator and the City Attorney, any sums due Operator under this Agreement may be retained by City 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 City. The Operator shall also be liable to the City for all costs, expenses, attorneys’ fees, and damages which may be incurred or sustained by the City by reason of the Operator’s breach of any of the provisions of the contract. Operator shall not be responsible for negligent acts of the City or its employees. Further, the Operator shall hold the City harmless and indemnify the City for any funds that the City is obligated to refund the Federal Government arising out of the conduct, activities, or administration of the Agreement by the Operator. 6.5 TERMINATION - SEE SAMPLE AGREEMENT 6.6 PERFORMANCE OF OPERATOR The Operator 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 Operator to comply with the conditions, terms, specifications, and requirements of the RFP shall be cause for cancellation of the RFP 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 Agreement for failure to perform. The date of termination shall be stated in the notice. The City shall be the sole judge of nonperformance. The Operator agrees to a final walkthrough of the facility for acceptance building, equipment, supplies, tools, and all other items that belong to the city in their possession. The Operator agrees to pay damages for any items that are not returned in working condition, broken, lost, severely damaged. 6.7 INSURANCE REQUIREMENTS – SEE SAMPLE CONTRACT FOR LIMITS If an Operator is providing a service under this Agreement, then the Operator shall, at its sole expense, always maintain in full force and effect during the life of this Agreement, 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 Operator under this Agreement. 263 City of Boynton Beach Purchasing Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop 43 (Operator Term 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 Operator 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. It shall be the responsibility of the Operator 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 Operator until such time as the items and/or work have been accepted by the City. The Operator 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. 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. 6.8 FORCE MAJEURE The Agreement which is awarded to the Operator may provide that the performance of any act by the City or Operator 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 Operator 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. 6.9 INSPECTION AND ACCEPTANCE OF SERVIVES PRODUCED The City has the right to review, require correction, if necessary, and accept the work produced by the Operator. Such review(s) shall be carried out within thirty (30) calendar days to not impede the work of the Operator. 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 Operator. The Operator 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. Failure by the Operator to proceed with reasonable promptness to make necessary corrections shall be a default. If the Operator’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. 6.10 CONTINGENCY FEE Operator represents and warrants that it has not employed or retained any person or entity, other than a bona fide employee working solely for Operator, 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 Operator, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this 264 City of Boynton Beach Purchasing Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop 44 (Operator Term Contract) 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. 6.11 PERFORMANCE REVIEW EVALUATION: The awarded Operator(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 Agreement and at the time of the end of the term contract. Should the services provided by the Operator fail to meet the expectations of the City’s Project Manager, the Operator shall have a period of ten (10) working days from the date notice is given to the Operator by the City to correct all deficiencies 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 Agreement as determined by the City at its sole discretion. The City, in its judgment, may elect to compensate the Operator 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 “Operator 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. The Contract Performance Evaluation Form enclosed within this document illustrates a sample evaluation form to be used by the City for the various types of services provided by the City. 6.12 ANTI-HUMAN TRAFFICKING On or before the Effective Date of the Operator entering into an Agreement with the City, the Operator 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. 6.13 VERIFICATION OF EMPLOYMENT ELIGIBILITY – E-VERITY Operator represents that Operator, and each Sub-Operator 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 Operator violates this section, City may immediately terminate this Agreement for cause and Operator shall be liable for all costs incurred by City due to the termination. 265 City of Boynton Beach Purchasing Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop 45 (Operator Term Contract) 6.14 ENTITIES OF FOREIGN CONCERN The provisions of this section apply only if Operator or any Sub-Operator will have access to an individual’s personal identifying information under this Agreement. Operator represents and certifies: (i) Operator 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 Operator; and (iii) Operator 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, Operator and any Sub-Operator 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. 6.15 SUCCESSORS AND ASSIGNS The City and the Operator each bind themselves and their successors and assigns to the other party in respect to all provisions of the Agreement. Neither the City nor the Operator shall assign, sublet, convey, or transfer its interest in the Agreement without the prior written consent of the other. 6.16 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 Fully Executed Agreement The Scope of Work (Services) The Instructions to Proposers The Special Conditions Standard General Terms and Conditions Proposer’s Proposal THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY 266 City of Boynton Beach Purchasing Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop 46 (Operator Term Contract) RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop (Operator Term Contract) SECTION VII – PRICE PROPOSAL FORM *PRICE PROPOSAL WILL BE INPUT INTO THE E-PROCUREMENT SYSTEM – BIDS & TENDERS* THE SCHEDULE OF REVENUE GENERATING PRICES CONSISTS OF THE FOLLOWING: The selected Operator will be responsible for the day-to-day operation of the Havey E. Oyer Jr. Park Bait and Tackle Shop. Responsibilities include but are not limited to: the retail sale of bait, tackle, and fishing supplies; live bait handling and inventory; equipment rentals; customer service; basic shop upkeep; coordination of fishing-related events; and marketing and promotion of shop offerings, as outlined in this Request for Proposals (RFP). The Proposer is asked to please complete the proposal table below with proposed rates for the items listed below: 1 Proposed Monthly Lease for the Bait and Tackle Shop that shall be remitted to the City $___________________________ 2 Revenue Activity Description Percent Remitted to City a. ________% 267 City of Boynton Beach Purchasing Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop 47 (Operator Term Contract) APPENDIX ‘A’ OPERATING SERVICES RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop (Operator Term Contract) 268 City of Boynton Beach Purchasing Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop 48 (Operator Term Contract) RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop (Operator Term Contract) SECTION VIII – SAMPLE TERM AGREEMENT - CITY-OWNED This REVENUE SHARING LEASE AGREEMENT (the "Agreement") is made and entered into as of _____________, 2025 (the "Effective Date"), by and between the City of Boynton Beach, a Florida municipal corporation, with its principal place of business at 100 E. Ocean Ave., Boynton Beach, FL 33435 (the "City") and ________________________________, a Florida _________________ with its principal place of business at ________________________________ ("Operator"). (The City and Operator are sometimes individually referred to as a "Party" and collectively as the "Parties").) RECITALS WHEREAS, the City is the owner of certain real property located at ________________________________, Florida _________, as more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "Property"); WHEREAS, the Property includes structures and facilities suitable for operation as a bait and tackle retail shop, including storage, customer service, merchandising, and limited food and beverage sales; WHEREAS, the City has determined that it is in the best interest of the public to engage an experienced operator to manage and operate the bait and tackle shop (the “Shop”); WHEREAS, the City issued procurement solicitation RFP No. 25-051R seeking proposals from firms offering to operate a bait and tackle shop, a copy of which is incorporated into this Agreement by reference; WHEREAS, Operator desires to lease the Property from the City for the purpose of operating a bait and tackle shop; and WHEREAS, Operator’s proposal was selected by the City’s selection committee; WHEREAS, negotiations pertaining to the subject matter of this Agreement were undertaken between the Parties and this Agreement incorporates the results of such negotiations; WHEREAS, the City and Operator wish to enter into this Agreement to establish the terms and conditions under which Operator will lease and operate the Shop, including provisions for sharing revenue generated from the Shop's operations, in accordance with all applicable Florida laws governing municipal contracts; 269 City of Boynton Beach Purchasing Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop 49 (Operator Term Contract) WHEREAS, this Agreement was approved by the City Commission of the City of Boynton Beach by Resolution No. ________ on _____________, 2025, in accordance with all applicable laws and procedures; NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. LEASE OF PROPERTY 1.1 Lease The City hereby leases to Operator, and Operator hereby leases from the City, the Property for the Term (as defined below), subject to the terms and conditions set forth in this Agreement. 1.2 Premises The leased premises (the "Premises") consist of: a) Bait Shop b) Parking areas; c) Office space; any d) Bathroom 1.3 Condition of Premises Operator acknowledges that it has inspected the Premises and accepts the Premises in their current "AS IS" condition, except as otherwise specified in Exhibit C (if applicable). 1.4 Public Purpose and Benefit The Parties acknowledge that the Premises constitute a public facility owned by the City and that this Agreement is intended to advance the public interest by enhancing waterfront access and recreational opportunities for residents and visitors of the City. The Operator shall operate and maintain the Bait and Tackle Shop in a manner that aligns with this public purpose, ensuring the facility is clean, safe, welcoming, and efficiently managed to meet the needs of the community. 2. TERM, RENEWAL, AND TERMINATION 2.1 Initial Term The initial term of this Agreement shall be for a period of FIVE (5) years, commencing on _____________, 2025 (the "Commencement Date") and ending on _____________, 20__ (the "Initial Term"), unless earlier terminated as provided herein. 2.2 Renewal Options 270 City of Boynton Beach Purchasing Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop 50 (Operator Term Contract) Provided that Operator is not in default under this Agreement, Operator shall have the option to renew this Agreement for TWO (2) additional periods of TWO (2) years each (each, a "Renewal Term") on the same terms and conditions as set forth herein, with City approval, except for adjustments to the Base Rent and Revenue Share percentages as provided in Sections 3.1 and 3.2. The Parties must enter into a written amendment to exercise a renewal option. If Operator does not intend to agree to the exercise of a renewal option, it must provide the City with at least 180 business days’ written notice prior to the expiration of the then-current term. 2.3 Term As used herein, "Term" shall mean the Initial Term and any Renewal Term(s) exercised by Operator. 2.4 Termination for Cause This Agreement may be terminated for cause by the aggrieved party if the party in breach has not corrected the breach within thirty (30) calendar days after receipt of written notice from the aggrieved party identifying the breach ("Cure Period"). The party in breach may, within the Cure Period, request an extension to the Cure Period for a reasonable time if such party demonstrates best efforts to cure such breach. his Agreement may be terminated for cause as provided for herein for reasons including, but not limited to, Operator’s repeated (whether negligent or intentional) submission of false or incorrect reports, Operator’s failure to perform the scope of services suitably, or failure to continuously perform the scope of services in a manner calculated to meet or accomplish the objectives as set forth in this Agreement. The Agreement may also be terminated for cause if Operator is placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List created pursuant to Section 215.473, Florida Statutes, or if Operator provides a false certification submitted pursuant to Section 287.135, Florida Statutes. If either party erroneously, improperly, or unjustifiably terminates for cause, such termination shall be deemed a termination for convenience, which shall be effective nine (9) months after receipt of such written notice of termination for cause. 2.5 Termination for Convenience City shall have the right to terminate this Agreement for convenience upon a minimum of nine (9) months written notice to Operator. This time period may be extended up to an additional thirty (30) business days, at the City's sole discretion, if Operator delivers a written request to the City Manager for an extension within sixty (60) business days from receipt of the initial notice. Operator’s written extension request shall include sufficient explanation and documentation to allow the City to reasonably grant same. In the event that City terminates this Agreement for convenience, within ninety (90) business days following the effective date of such termination, City shall pay Operator the amount expended by Operator and approved by City for Operator’s capital improvements to the 271 City of Boynton Beach Purchasing Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop 51 (Operator Term Contract) Premises during the Term of this Agreement, minus an annual ___ percent (___%) depreciation for each approved improvement. For the purposes of this Agreement, "capital improvement" shall mean permanent improvements including, but not limited to, structures, complete mechanical, plumbing, or electric systems, and permanent fixtures. 2.6 Termination to Protect Health, Safety, or Welfare The City Manager may also terminate this Agreement upon such notice as the City Manager deems appropriate under the circumstances in the event the City Manager determines that termination is necessary to protect the public health, safety, or welfare. 2.7 Notice of Termination Notice of termination shall be provided in accordance with the "Notices" section of this Agreement, except that notice of termination by the City Manager, which the City Manager deems necessary to protect the public health, safety, or welfare may be verbal notice that shall be promptly confirmed in writing in accordance with the "Notices" section of this Agreement. 3. RENT AND REVENUE SHARING 3.1 Base Rent Operator shall pay to City a base rent of $____________ per month ("Base Rent"), due on the first day of each month during the Term, without demand, offset, or deduction. The Base Rent shall increase by _____% on each anniversary of the Commencement Date. 3.2 Revenue Share In addition to the Base Rent, Operator shall pay to City a percentage of Gross Revenue (as defined below) generated from the Premise’s operations (the "Revenue Share") according to the following schedule: a) _____% of the Gross Revenue from all sales must be paid by the Operator by the 10th of the following month1. 3.3 Definition of Gross Revenue "Gross Revenue" means all revenue and income of any kind generated from the Premises’ operation, whether by credit, barter, exchange, or otherwise, before any deductions for expenses, taxes, or other items. Gross Revenue shall not include: a) Sales or other taxes collected from customers and remitted to the appropriate taxing authority; b) Refunds or credits to customers for returned merchandise or canceled services; c) Insurance proceeds; and d) Security deposits (except to the extent applied as rent or forfeited). 272 City of Boynton Beach Purchasing Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop 52 (Operator Term Contract) 3.4 Payment of Revenue Share Operator shall calculate the Revenue Share on a monthly basis and shall remit the Revenue Share to City within ten (10) business days after the end of each calendar month. Each Revenue Share payment shall be accompanied by a detailed statement showing the calculation of Gross Revenue and the Revenue Share for the applicable month. 3.5 Records and Audit Rights Operator shall maintain complete and accurate books and records of all revenue and expenses related to the operation of the Premises. City shall have the right, upon reasonable notice and during normal business hours, to inspect and audit Operator's books and records to verify the calculation of Gross Revenue and the Revenue Share. If an audit inspection in accordance with this section discloses underpayment (of any nature) by Operator 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 Operator and (2) liquidated damages in the amount of 15% of the underpayment 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 Operator within 45 business days from the presentation of the City’s findings to the Operator. Failure by Operator to permit such audit shall be grounds for termination of this Agreement by the City. 3.6 Minimum Annual Guarantee Notwithstanding the Revenue Share percentages set forth in Section 3.2, Operator guarantees that the total Revenue Share payments for each calendar year during the Term will be at least $____________ (the "Minimum Annual Guarantee"). If the total Revenue Share payments for any calendar year are less than the Minimum Annual Guarantee, Operator shall pay the difference to City within thirty (30) business days after the end of the calendar year. 3.7 Capital Investment Operator shall make a capital investment of not less than $_____________ in improvements to the Premises within the first ____ years of the Initial Term (the "Required Capital Investment"). The Required Capital Investment shall be used for [SPECIFIC IMPROVEMENTS, e.g., court resurfacing, lighting upgrades, facility renovations, etc.]. All improvements shall be subject to City's prior written approval, which shall not be unreasonably withheld, conditioned, or delayed. 4. SECURITY AND DAMAGE DEPOSITS 4.1 Security Deposit 273 City of Boynton Beach Purchasing Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop 53 (Operator Term Contract) Upon execution of this Agreement, Operator shall deposit with City the sum of $____________ as a security deposit (the "Security Deposit"). 4.2 Use and Return of Security Deposit City may use the Security Deposit to remedy any default by Operator under this Agreement, including but not limited to failure to pay rent, failure to repair damage to the Premises, or failure to leave the Premises in clean condition upon termination of this Agreement. Within thirty (30) business days after the termination of this Agreement and Operator's vacation of the Premises, City shall return the Security Deposit to Operator, less any amounts properly withheld by City, along with an itemized statement of any amounts withheld. 4.3 Performance Deposit Prior to the commencement of any services under this Agreement, Operator shall deposit with the City a performance deposit in the amount of ________ Thousand and 00/100 Dollars ($____,000.00) (the “Performance Deposit”), to be held by City as security for the full and faithful performance of Operator under this Agreement. The Performance Deposit may be in the form of cash, money order, cashier's check, or irrevocable letter of credit in a form acceptable to the City. Upon expiration or earlier termination of this Agreement, any portion of the Performance Deposit may be applied towards debts owed or damages caused by Operator under this Agreement. Within sixty (60) business days after the expiration or earlier termination of this Agreement, City shall remit to, or authorize release to, Operator the full balance, or remaining balance after deductions are taken for any debts owed or damage caused by Operator. If City holds the Performance Deposit, it shall be held without interest paid to Operator. 5. USE OF PREMISES; OPERATIONS; BACKGROUND CHECKS 5.1 Permitted Use Operator shall use the Premises solely for the purpose of operating a bait and tackle store, including related activities and providing food and beverage services. Operator shall not use the Premises for any other purpose without the City's prior written consent. Operator’s services are described in further detail in the respective Exhibit. 5.2 Hours of Operation Operator shall operate the Premises during reasonable business hours as determined by Operator, provided that the Premises shall be open to the public for a minimum of _____ hours per week, subject to inclement weather and holidays. The City reserves the right to establish minimum operating hours to ensure adequate public access to the facility. 274 City of Boynton Beach Purchasing Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop 54 (Operator Term Contract) 5.3 Public Access Operator shall ensure that the Premises is reasonably accessible to all members of the public, including City residents and non-residents, without discrimination. 5.4 Community Programs Operator shall develop and implement community programs designed to promote the bait and tackle shop in the community. The community programs shall be detailed in an annual Community Benefit Plan to be submitted to the City for approval. 5.5 Compliance with Laws Operator shall comply with all applicable federal, state, and local laws, regulations, and ordinances in connection with its use and operation of the Premises, including but not limited to: a) Obtaining and maintaining all necessary licenses, permits, and approvals; b) Americans with Disabilities Act (ADA) requirements; c) Florida Building Code; d) Florida Fire Prevention Code; e) City zoning ordinances and land development regulations; f) Health and safety regulations; and g) Environmental regulations. 5.6 Rules and Regulations Operator shall establish reasonable rules and regulations for the use of the Premises by members and guests, which shall be subject to the City's approval, not to be unreasonably withheld, conditioned, or delayed. Operator shall provide a copy of such rules and regulations to the City and shall enforce them consistently and fairly. 5.7 Staffing The Operator shall provide sufficient staffing to ensure the effective and professional operation of the Harvey E. Oyer Jr. Park Bait and Tackle Shop during all designated operating hours. Personnel assigned to the facility must be trained, courteous, and knowledgeable in bait and tackle retail, recreational fishing, and customer service. At minimum, the Operator must ensure: • The shop is staffed during all hours of operation with at least one employee capable of managing sales, inventory, and customer inquiries. • All staff are familiar with the offerings of the shop, including bait types, tackle options, and general local fishing information. • Employees adhere to all applicable safety, cleanliness, and customer service standards set forth by the City. 275 City of Boynton Beach Purchasing Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop 55 (Operator Term Contract) • A designated on-site or on-call manager is available during business hours to address operational issues and communicate with City staff as needed. • Staff wear appropriate attire that maintains a clean and professional appearance aligned with the public-facing nature of the facility. The City reserves the right to request the removal of any personnel whose conduct is deemed unprofessional, disruptive, or inconsistent with the mission of providing a positive recreational experience to residents and visitors. 5.8 Quality of Services Operator shall ensure that all services provided at the Harvey E. Oyer Jr. Bait and Tackle Shop are delivered professionally, courteously, and customer-focused that reflects positively on the City of Boynton Beach. The Operator shall maintain a high standard of cleanliness, product quality, and customer service throughout the term of this Agreement. At a minimum, Operator shall: • Provide prompt, respectful, and knowledgeable service to all customers, including residents, visitors, and tourists. • Ensure staff are properly trained to offer assistance regarding bait, tackle, local fishing regulations, and general area information. • Maintain the Premises in a neat, organized, and sanitary condition at all times, in accordance with all applicable health, safety, and accessibility standards. • Regularly restock and rotate merchandise to ensure product freshness and availability. • Respond in a timely and professional manner to customer complaints, City concerns, or operational issues and document resolution efforts when requested by the City. Failure to maintain acceptable standards of service, as reasonably determined by the City, may constitute grounds for corrective action or termination in accordance with the terms of this Agreement. 5.9 Damage to Premises Operator shall repair any and all damage to the Premise or Operator’s real and personal property caused by Operator, its employees, agents, subcontractors, independent contractors, patrons, and invitees. City shall repair any and all damage to the Premise or Operator’s real and personal property caused by City, its employees, agents, subcontractors, and independent contractors. 5.10 Inspection by City The City shall have the authority to make periodic reasonable inspections of the Premises, equipment, and operations during normal operating hours to determine if such are being maintained in a neat and orderly condition or to determine whether Operator is operating in compliance with the terms of this Agreement. All inspections shall be 276 City of Boynton Beach Purchasing Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop 56 (Operator Term Contract) conducted in a manner so as not to interfere with the normal operations of the Premises. The City may inform Operator of any needed actions to correct improper operations. Operator shall reasonably comply with any recommendations of the City with respect to improper operations issues. 5.11 Marketing and Promotion Operator shall actively market and promote the Premises to maximize usage and revenue. Operator’s marketing efforts shall include but not be limited to maintaining a website, social media presence, email newsletters, and local advertising. All marketing materials shall acknowledge that the Premises are owned by the City of Boynton Beach. 5.12 Criminal Background Screening Operator shall perform criminal background screening as identified below on its officers, employees, agents, independent contractors, and volunteers working under this Agreement on the Premises. Further, if Operator is permitted to utilize subcontractors under this Agreement, Operator shall perform or ensure that the background screening as required below is conducted on any permitted subcontractor, which term includes the subcontractor's officers, employees, agents, independent contractors, and volunteers who will be working under this Agreement at the Premises. Operator shall not be required to comply with the provisions for criminal background screening under this section for those independent vendors coming onto the Premises merely to make deliveries of goods or services for, or relating to, the Premises. Operator shall not permit any person who is listed as a sexual predator or sexual offender on the Florida Department of Law Enforcement, Sexual Offenders and Predators Website or the United States Department of Justice, National Sex Offender Public Website, to provide any services for Operator on the Premises. Operator shall maintain copies of the results of the criminal background screening required for the Term and promptly forward copies of same to City upon its request. Operator shall be required to furnish to the City, on a monthly basis, an Affidavit, in a form approved by City, affirming the persons listed in the Affidavit have been background screened as required by this Agreement and have been deemed eligible by Operator to work at the Premises. Operator’s monthly Affidavit shall update information from the previous Affidavit by reconfirming the status of persons who have previously been deemed eligible as provided for above and updating the list, when applicable, to specifically identify new persons providing services for Operator under this Agreement who have been background screened as required and deemed eligible to work at the Premises. In its discretion, the City may permit Operator to furnish the monthly Affidavit in an electronic format. In the event Operator obtains or is provided supplemental criminal background information, including police reports and arrest information, which potentially disqualifies a person previously deemed eligible by Operator to provide services under this 277 City of Boynton Beach Purchasing Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop 57 (Operator Term Contract) Agreement, Operator shall take immediate action to review the matter; however, during such review time and until a determination of eligibility is made by Operator based on the requirements of this section, Operator shall immediately cease allowing the person to work at the Premises. Additionally, Operator shall be required to inform any person background screened pursuant to this section who is providing services under this Agreement, to notify Operator within forty-eight (48) hours of any arrest related to sexual misconduct that has occurred after the person was deemed eligible to work at the Premises. Operator shall, by written contract, require its permitted subcontractors to agree to the requirements and obligations of this section. City may terminate this Agreement immediately for cause, with written notice provided to Operator, for a violation related to Operator’s failure to perform the required background screening on its officers, employees, agents, independent contractors, and volunteers who will be working under this Agreement at the Premises. City may also terminate this Agreement immediately for cause, with written notice provided to Operator, if City determines Operator failed to ensure that its permitted subcontractors have been background screened as required in this section before performing any services under this Agreement at the Premises. Operator will not be subject to immediate termination in the event City determines a violation of this section was outside the reasonable control of Operator and Operator has demonstrated to City compliance with the requirements of this section. City may terminate this Agreement for cause if Operator fails to provide the monthly Affidavit to City as provided above, and Operator does not cure said breach within five (5) business days of written notice provided to Operator by City in accordance with the "Notices" section of this Agreement. 6. MAINTENANCE AND REPAIRS 6.1 Operator's Obligations Operator shall, at its sole cost and expense, keep and maintain the Premises in good condition and repair, including but not limited to: a) Regular maintenance of the facility as needed; c) Maintenance of restroom facilities regarding plumbing; d) Maintenance of landscaping and grounds within five feet of the building; e) Janitorial services and trash removal; f) Pest control; and g) Minor repairs and maintenance of building systems. 6.2 City's Obligations City shall, at its sole cost and expense, be responsible for: 278 City of Boynton Beach Purchasing Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop 58 (Operator Term Contract) a) Structural repairs to the buildings; b) Roof repairs and replacement; c) Major repairs or replacement of HVAC, plumbing, and electrical systems; and d) Maintenance and repairs to the parking lot, including repaving when necessary. 6.3 Capital Improvements Any capital improvements to the Premises with a cost exceeding $____________ shall require City's prior written approval, which shall not be unreasonably withheld, conditioned, or delayed. City and Operator shall agree in writing on the allocation of costs for any approved capital improvements. 7. UTILITIES AND SERVICES 7.1 Operator's Responsibility Operator shall pay for all utilities and services supplied to the Premises, including but not limited to electricity, gas, water, sewer, telephone, internet, cable/satellite television, security systems, and trash collection. 7.2 Interruption of Services City shall not be liable for any interruption or failure of utility services to the Premises unless such interruption or failure is caused by City's negligence or willful misconduct. 8. PAYMENT OF TAXES AND OBLIGATIONS 8.1 Real Property and Business Taxes City shall pay all real property taxes and assessments levied against the Property. If real property taxes increase due to Operator’s specific use of the Property or improvements made by Operator, Operator shall pay the amount of such increase. Operator shall pay all taxes and other costs lawfully assessed against its business and legal interest in the operation of the Premises under this Agreement, including but not limited to the Premises-related Improvements made by Operator; provided, however, that Operator shall not be deemed in default of its obligations under this Agreement for failure to pay such taxes pending the outcome of any legal proceedings instituted to determine the validity or amount of such taxes and/or other costs. 8.2 Sales and Use Taxes Operator shall be liable for the prevailing state of Florida Sales and Use Tax imposed on rent payable to City under this Agreement. This tax shall be calculated in addition to and not incorporated into the monthly rent. Operator shall be liable for all other taxes due taxing authorities arising out of its operations under this Agreement , including all taxes assessed against Operator's personal property, trade fixtures, and equipment located on the Premises. 279 City of Boynton Beach Purchasing Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop 59 (Operator Term Contract) 8.3 Other Obligations Operator shall procure and obtain, at its sole cost, all permits, licenses, and approvals required of Operator for its operations and performance under this Agreement. Operator shall be responsible for paying its approved contractors, subcontractors , and suppliers hired to perform any of the Premises-related improvements for work performed or for supplies, equipment, or materials transacted, any undisputed amount within thirty (30) calendar days following receipt of appropriate invoices for such work or sup plies, upon completion of same. Operator shall take such action necessary to resolve any amounts in dispute. 9. INSURANCE 9.1 Operator's Insurance Operator shall, at its sole cost and expense, maintain the following insurance coverage throughout the Term: a) Commercial General Liability Insurance with limits of not less than $2,000,000 per occurrence and $4,000,000 aggregate; b) Property Insurance covering Operator's personal property, trade fixtures, and equipment; c) Business Interruption Insurance; d) Workers' Compensation Insurance as required by law; e) Automobile Liability Insurance with limits of not less than $1,000,000 combined single limit; f) Professional Liability Insurance with limits of not less than $1,000,000 per occurrence (if Operator provides professional services such as instruction); g) Employment Practices Liability Insurance with limits of not less than $1,000,000; and h) Cyber Liability Insurance with limits of not less than $1,000,000 (if Operator collects personal information through websites, mobile applications, or other digital platforms). 9.2 City's Insurance The City shall maintain property insurance covering the buildings and permanent improvements on the Property, and commercial general liability insurance with respect to the City's ownership of the Property, in accordance with the City's standard insurance program and risk management policies. The Parties acknowledge that the City may be self-insured. 9.3 Policy Requirements All insurance policies required under this Agreement shall: a) Name the City as an additional insured on all liability policies (except for Workers' Compensation Insurance); 280 City of Boynton Beach Purchasing Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop 60 (Operator Term Contract) b) Provide that the policy cannot be canceled or materially modified without at least thirty (30) business days prior written notice to the City; c) Include a waiver of subrogation in favor of the City; d) Be primary and non-contributory with respect to any insurance or self-insurance programs maintained by the City; and e) Be issued by insurance companies licensed to do business in the State of Florida with a financial rating of at least A-VII in the most recent edition of Best's Insurance Reports. 9.4 Certificates of Insurance Operator shall provide the City with certificates of insurance, evidencing the required coverage prior to the Commencement Date and upon renewal of any policy. The certificates shall reference this Agreement and confirm compliance with all requirements specified herein. If requested by the City, Operator shall provide complete copies of any required insurance policies. 9.5 Waiver of Subrogation Each Party hereby waives any right of recovery against the other Party for any loss or damage covered by insurance, regardless of whether such loss or damage is caused by the negligence of the other Party. Each Party shall obtain endorsements to its insurance policies as needed to effectuate this waiver of subrogation. 9.6 Compliance with Florida Statutes Operator's insurance shall comply with all requirements of Section 768.28, Florida Statutes, and other applicable laws regarding insurance for contracts with governmental entities in Florida. Operator acknowledges that the City, as a governmental entity, i s entitled to sovereign immunity protections and limitations of liability as set forth in Section 768.28, Florida Statutes. 10. INDEMNIFICATION Operator shall indemnify, defend, and hold harmless City and its officers, directors, employees, agents, and representatives from and against any and all claims, demands, liabilities, damages, judgments, costs, and expenses (including reasonable attorneys' fees) arising from or relating to: (a) Operator's use or occupancy of the Premises; (b) any breach or default by Operator under this Agreement; (c) any negligent or willful act or omission of Operator or its employees, agents, contractors, or invitees; or (d) any injury to person or property occurring on the Premises, except to the extent caused by City's negligence or willful misconduct. Operator 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 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. 11. ALTERATIONS AND IMPROVEMENTS 281 City of Boynton Beach Purchasing Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop 61 (Operator Term Contract) 11.1 Operator's Right to Make Alterations Operator may make non-structural alterations, additions, or improvements to the Premises with City's prior written consent, which shall not be unreasonably withheld, conditioned, or delayed. Any alterations, additions, or improvements with a cost exceeding $____________ shall require City's prior written approval of the plans and specifications. 11.2 Ownership of Improvements All alterations, additions, and improvements made by Operator shall become the property of City upon termination of this Agreement, unless City requires Operator to remove them as provided in Section 11.3. 11.3 Removal of Improvements Upon termination of this Agreement, City may require Operator to remove any alterations, additions, or improvements made by Operator and to restore the Premises to their original condition, reasonable wear and tear excepted. City shall notify Operator of any such requirement at least thirty (30) business days prior to the termination date. 11.4 Trade Fixtures Operator may install trade fixtures, equipment, and personal property on the Premises, which shall remain Operator's property and may be removed by Operator at any time, provided that Operator repairs any damage caused by such removal. 12. ASSIGNMENT AND SUBLETTING 12.1 Prohibition on Assignment and Subletting Operator shall not assign this Agreement, sublet all or any part of the Premises, or permit any other person or entity to use or occupy all or any part of the Premises, without City's prior written consent, which may be withheld in City's sole discretion. 12.2 Change of Control Any change in the ownership or control of Operator that results in a change in the majority ownership or control of Operator shall be deemed an assignment requiring City's consent under Section 12.1. 12.3 No Release of Operator No assignment or subletting, even with City's consent, shall release Operator from its obligations under this Agreement. 13. DEFAULT AND REMEDIES 282 City of Boynton Beach Purchasing Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop 62 (Operator Term Contract) 13.1 Operator's Default Each of the following shall constitute a default by Operator under this Agreement: a) Failure to pay any Base Rent, Revenue Share, or other sum due under this Agreement within five (5) business days after the due date; b) Failure to perform or observe any other covenant, term, or condition of this Agreement, which failure continues for fifteen (15) business days after written notice from City (or such longer period as may be reasonably necessary if the failure cannot be cured within fifteen (15) business days, provided that Operator commences the cure within the fifteen- day period and diligently pursues it to completion); c) Abandonment or vacation of the Premises for more than fifteen (15) consecutive business days; d) Filing of a petition for bankruptcy, insolvency, or reorganization by or against Operator (unless, in the case of a petition filed against Operator, it is dismissed within sixty (60) business days); e) Appointment of a receiver or trustee for all or substantially all of Operator's assets; or f) Making an assignment for the benefit of creditors. 13.2 City's Remedies Upon the occurrence of any default by Operator, City may exercise any one or more of the following remedies without limiting any other right or remedy available to City at law or in equity: a) Terminate this Agreement by written notice to Operator, in which case Operator shall immediately surrender the Premises to City; b) Enter upon and take possession of the Premises without terminating this Agreement and without being liable for prosecution or any claim for damages; c) Collect rent from any sublessee and apply it to the amounts due from Operator; d) Perform any obligation of Operator under this Agreement and charge the cost thereof to Operator, plus interest at the rate of _____% per annum from the date of payment by City; or e) Pursue any other remedy available at law or in equity. 13.3 City's Default City shall be in default under this Agreement if City fails to perform or observe any covenant, term, or condition of this Agreement, which failure continues for thirty (30) business days after written notice from Operator (or such longer period as may be reasonably necessary if the failure cannot be cured within thirty (30) business days, provided that City commences the cure within the thirty-day period and diligently pursues it to completion). 13.4 Operator's Remedies 283 City of Boynton Beach Purchasing Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop 63 (Operator Term Contract) Upon the occurrence of any default by City, Operator may exercise any one or more of the following remedies, without limiting any other right or remedy available to Operator at law or in equity: a) Terminate this Agreement by written notice to City; or b) Pursue any other remedy available at law or in equity. 13.5 Mitigation of Damages Both Parties shall use reasonable efforts to mitigate their damages in the event of a default by the other Party. 14. SURRENDER OF PREMISES 14.1 Condition of Premises Upon the expiration or earlier termination of this Agreement, Operator shall surrender the Premises to City in good condition and repair, reasonable wear and tear excepted, and shall remove all of Operator's personal property, trade fixtures, and equipment. 14.2 Holdover If Operator remains in possession of the Premises after the expiration or earlier termination of this Agreement without City's consent, Operator shall be deemed a tenant at sufferance and shall pay rent at the rate of 150% of the sum of the Base Rent and the average monthly Revenue Share for the preceding twelve (12) months. Such holdover shall not constitute a renewal or extension of this Agreeme nt. 15. NOTICES All notices, demands, requests, or other communications required or permitted under this Agreement shall be in writing and shall be deemed to have been duly given if delivered personally, sent by nationally recognized overnight courier, or sent by certified mail, return receipt requested, postage prepaid, addressed as follows: If to the City: City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 / Facsimile: (561) 742-6090 With a copy to: City Attorney City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 / Facsimile: (561) 742-6090 284 City of Boynton Beach Purchasing Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop 64 (Operator Term Contract) If to Operator: Attention: __________________ Either Party may change its address for notices by written notice to the other Party. 16. REPORTING AND COMPLIANCE 16.1 Monthly Reports Within ten (10) business days after the end of each calendar month, Operator shall provide the City with a written report detailing: a) Gross Receipts and Gross Revenues for the month, itemized by category; b) Any other information reasonably requested by the City. This report shall be signed by the Operator, certifying the accuracy of such gross receipts and gross revenues. Any percentage fees or charges due shall be payable upon submission of the report. 16.2 Annual Reports Within sixty (60) business days after the end of each calendar year, Operator shall, at its own expense, provide the City with an annual report containing: a) Annual financial statements for the Operator’s operations, including income statement and balance sheet; b) Comparison of actual results to projected results; c) Summary of capital improvements made during the year; d) Major maintenance and repair activities undertaken during the year; e) Staffing levels and changes; f) Marketing and promotional activities conducted; h) Goals and objectives for the upcoming year. 16.3 Public Records Compliance Operator acknowledges that this Agreement and all documents related to it are subject to Florida's Public Records Law, Chapter 119, Florida Statutes. Operator shall: a) Keep and maintain public records required by the City to perform the services under this Agreement; 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 285 City of Boynton Beach Purchasing Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop 65 (Operator Term Contract) reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law; c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Term and following completion of the Agreement if Operator does not transfer the records to the City; and d) Upon completion of the Agreement, transfer, at no cost, to the City all public records in possession of Operator or keep and maintain public records required by the City to perform the service. If Operator transfers all public records to the City upon completion of the Agreement, Operator shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Operator keeps and maintains public records upon completion of the Agreement, Operato r shall meet all applicable requirements for retaining public records. IF OPERATOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO OPERATOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT CITY CLERK'S OFFICE: 100 E. OCEAN AVENUE, BOYNTON BEACH, FL 33435, 561- 742-6060, CITYCLERK@BBFL.US. 16.4 E-Verify Compliance Operator 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 the Operator, Operator may not be awarded a public contract for a period of one (1) year after the date of termination. 16.5 No Contingent Fees Operator warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Operator, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, indiv idual, or firm, other than a bona fide employee working solely for Operator, 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, the City shall have the right to terminate this Agreement without liability and, at its discretion, to deduct from the contract price or otherwise recover the full amount of such fee, commission, percentage, gift, or consideration. 16.6 Conflict of Interest 286 City of Boynton Beach Purchasing Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop 66 (Operator Term Contract) Operator represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of the services required under this Agreement. Operator further represents that no perso n having any such interest shall be employed by Operator during the Term. Operator shall promptly notify the City in writing of any potential conflicts of interest for any prospective business association, interest, or other circumstance that may influence or appear to influence Operator's judgment, or the quality of services being provided hereunder. 16.7 Non-Discrimination Operator shall not discriminate against any person in its operations, activities, or delivery of services under this Agreement. Operator shall affirmatively comply with all applicable provisions of federal, state, and local equal employment laws and shall not engage in or commit any discriminatory practice against any person based on race, color, religion, sex, age, national origin, marital status, disability, sexual orientation, gender identity or expression, or any other characteristic protected by law. 16.8 Compliance with Employment and Labor Laws Operator shall comply with all applicable federal, state, and local employment and labor laws, including but not limited to: a) Fair Labor Standards Act; b) Equal Pay Act; c) Civil Rights Act of 1964; d) Americans with Disabilities Act; e) Age Discrimination in Employment Act; f) Family and Medical Leave Act; and g) Florida Civil Rights Act. 16.9 Scrutinized Companies By executing this Agreement, Operator certifies that Operator is not participating in a boycott of Israel. The Operator further certifies that Operator 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 Operator been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contra ct 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 Operator of the City's determination concerning the false certification. The Operator 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 Operator 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 Operator 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 287 City of Boynton Beach Purchasing Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop 67 (Operator Term Contract) civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 16.10 Anti-Human Trafficking On or before the effective date of this Agreement, Operator shall provide City with an affidavit attesting that the Operator does not use coercion for labor or services, in accordance with Section 787.06(13), Florida Statutes. 16.11 Countries of Concern The Operator represents that it is and will remain in compliance with Section 286.101, Florida Statutes, for the duration of the Term. 16.12 Public Entity Crime Act Operator 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. Operator 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 Operator has been placed on the convicted vendor list. 16.13 Entities of Foreign Concern The provisions of this section apply only if Operator or any subcontractor will have access to an individual’s personal identifying information under this Agreement. Operator represents and certifies: (i) Operator 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 Operator; and (iii) Operator is not organized under the laws of and does not have its principal place of business in, a foreign country of con cern. On or before the effective date, Operator 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. 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. 17. ADDITIONAL PROVISIONS 17.1 Competitive Bidding Acknowledgment Operator acknowledges that this Agreement has been awarded in compliance with applicable procurement laws and the City's procurement ordinances and policies. The City represents that all required competitive bidding or other procurement procedures have been properly followed in connection with the award of this Agreement. 288 City of Boynton Beach Purchasing Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop 68 (Operator Term Contract) 17.2 Bond Requirements If required by the City, Operator shall provide performance and payment bonds in the amount of $____________ to guarantee Operator's performance under this Agreement. Such bonds shall be issued by a surety company authorized to do business in Florida and approved by the City. 17.3 Compliance with Section 255.05, Florida Statutes For any improvements or construction work exceeding $200,000, Operator shall comply with the public construction bond requirements of Section 255.05, Florida Statutes. 17.4 Compliance with Section 287.0582, Florida Statutes The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the City Commission. 17.5 Local Business Preference Operator shall, to the extent permitted by applicable law, utilize local businesses, contractors, and suppliers in the performance of its obligations under this Agreement. 18. MISCELLANEOUS LEGAL PROVISIONS 18.1 Venue and Jurisdiction This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Any legal action, suit, or proceeding arising out of or relating to this Agreement shall be instituted in the appropriate state court in Palm Beach Count y, Florida, and each Party irrevocably submits to the exclusive jurisdiction of such court in any such action, suit, or proceeding. 18.2 Waiver of Jury Trial THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT THEY MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION OR LEGAL PROCEEDING RELATED TO THIS AGREEMENT OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN), OR ACTIONS OF EITHER PARTY. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES TO ENTER INTO THIS AGREEMENT. 18.3 Sovereign Immunity Nothing contained in this Agreement shall be construed or interpreted as: (1) denying to either Party any remedy or defense available to such Party under the laws of the State of Florida; (2) the consent of the City or the State of Florida or their agents and agencies to be sued; or (3) a waiver of sovereign immunity of the City beyond the waiver provided in 289 City of Boynton Beach Purchasing Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop 69 (Operator Term Contract) Section 768.28, Florida Statutes. The City expressly retains all rights, benefits, and immunities of sovereign immunity in accordance with Section 768.28, Florida Statutes. Notwithstanding anything set forth in this Agreement to the contrary, nothing in th is Agreement shall be deemed as a waiver of the City's sovereign immunity or the City's limits of liability as set forth in Section 768.28, Florida Statutes, or other law, and nothing in this Agreement shall inure to the benefit of any third party for the purpose of allowing any claim which would otherwise be barred under the Doctrine of Sovereign Immunity or by operation of law. 18.4 Severability If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. 18.5 No Third-Party Beneficiaries Except as expressly provided herein, nothing in this Agreement is intended to benefit any third party, nor shall any term, provision, covenant, or condition of this Agreement be construed to create any rights in any person or entity not a party to this Agreement. 18.6 Entire Agreement The Agreement between the City and the Operator 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. 18.7 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 and signed by an authorized signatory of the Party granting the waiver. 18.8 Force Majeure Neither Party shall be liable for any failure or delay in performing its obligations under this Agreement if such failure or delay is caused by force majeure events beyond the reasonable control of such Party, including but not limited to acts of God, hurricane, tornado, fire, flood, earthquake, explosion, war, terrorism, riot, civil disorder, act of any government body, or other similar causes. The Party affected by such force majeure 290 City of Boynton Beach Purchasing Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop 70 (Operator Term Contract) event shall notify the other Party within a reasonable time of the commencement and termination of the force majeure event. The time for performance shall be extended for a period equal to the duration of the force majeure event, provided that if such peri od exceeds ninety (90) consecutive days, either Party may terminate this Agreement upon written notice to the other Party. 18.9 Counterparts This Agreement may be executed in any number of counterparts, whether signed physically or electronically, each of which, when executed and delivered, shall be an original, but all such counterparts shall constitute one and the same instrument. Signature and acknowledgment pages may be detached from the counterparts and attached to a single copy of this Agreement to form one document. 18.10 Time of Essence Time is of the essence in the performance of all obligations under this Agreement. 18.11 Survival Any provisions of this Agreement that by their nature extend beyond the expiration or termination of this Agreement shall survive such expiration or termination and shall remain in effect until all obligations are satisfied. 18.12 Amendments No amendment, modification, or alteration of the terms of this Agreement shall be binding unless the same is in writing, dated subsequent to the date hereof, and duly executed by the Parties. 18.13 Headings The headings contained in this Agreement are for the convenience of reference only and shall not affect the interpretation of this Agreement. 18.14 No Construction Against Drafter The Parties acknowledge that they have both participated in the negotiation and preparation of this Agreement. Accordingly, this Agreement shall not be construed more strictly against either Party, regardless of which Party was responsible for its preparation. 18.15 No Lien The Operator 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 Operator. 291 City of Boynton Beach Purchasing Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop 71 (Operator Term Contract) 18.16 Independent Contractor The Agreement does not create an employee/employer relationship between the Parties. The Parties intend that Operator is an independent contractor pursuant to the Agreement and shall not be considered the City’s employee for any purpose. Operator shall not have the right to bind City to any obligation not expressly undertaken by City under this Agreement. 18.17 Attorney’s Fees If either Party sues to enforce the Agreement, each Party shall bear its own attorney's fees and court costs. 18.18 Representation of Authority Operator represents and warrants that this Agreement constitutes the legal, valid, binding, and enforceable obligation of the Operator and that neither the execution nor performance of this Agreement constitutes a breach of any agreement that the Operator has with any third party or violates applicable law. Operator further represents and warrants that execution of this Agreement is within Operator’s legal powers, and each individual executing this Agreement on behalf of Operator is duly authorized by all necessary and appropriate action to do so on behalf of Operator and does so with full legal authority. 18.19 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 A greement. 18.20 Limitation of Liability Notwithstanding any provision of the Agreement to which it is applicable, in no event shall City be liable to Operator for punitive or exemplary damages, lost profits, or consequential damages. (Signatures on following page) 292 City of Boynton Beach Purchasing Division RFP No: 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop 72 (Operator Term Contract) 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 OPERATOR _________________________________ ________________________________ 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 293 EXHIBIT A SCOPE OF SERVICES 294 EXHIBIT B FEE SCHEDULE / HOURLY RATES 295 ATTACHMENT “A” 296 297 298 The City of Boynton Beach Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6310 ADDENDUM No. 1 Tuesday, May 27, 2025 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop (Operator Term Contract) Closing Date: Friday, May 30, 2025, 3:00 PM This addendum to the drawings, specifications, and/or contract documents is issued to provide additional information and clarification to the original Bid specifications and proposal form and is hereby declared a part of the original drawings, specifications and/or contract documents. In case of a conflict, this Addendum shall govern. Words in strike through type are deletions from existing text. Words in bold, underlined and/or red type are additions to existing text. THE DUE DATE FOR THE QUALIFICATION PACKAGE HAS BEEN EXTENDED TO FRIDAY, MAY 30, 2025 @ 3:00 PM Question 1: Will there be a possibility to have a live bait pin at the north end of the boat ramp to sell to Boaters? Answer 1: For now, all bait would need to be sold at the Building, not the Docks. However, this could be revisited in the future with a contract amendment. 299 Question 2: The sky lights add natural light to the building, can they stay and just be sealed? Answer 2: The windows are currently being sealed. Question 3: Referring to 2.2c, Can the hours of operations reflect certain days of the week where there is more boat traffic at the park? Answer 3: Yes, that something the City would be open to looking into. Question 4: With the noticeable damage to the exterior A/C unit can that be added to the building improvement? Answer 4: No, the A/C will be replaced if it stops working. Question 5: Is there a possibility to sell beer and wine along with waters and soft drinks in the proper license is acquired? Answer 5: At this time, the City is not inclined to authorize the sale of beer and wine to patrons under this RFP and resulting agreement. However, the City remains open to revisiting this matter in the future and may consider amending the contract, accordingly, should it be deemed appropriate. Question 6: Can the city review the annual parking permit pricing? Neighboring cities are charging far less. This could create more traffic to the park and more revenues for the city. Answer 6: Yes, we are currently reviewing the permit prices for Harvey E. Oyer Jr. park. If you have any further questions or require additional clarification, please submit to the Purchasing representative through the Bidding System only by clicking on the “Submit a Question” button for this specific Solicitation. Sincerely, City of Boynton Beach Financial Services 300 Our vision is to create a store that not only provides top-quality fishing gear but also fosters a community of anglers who share a passion for fishing and boating. By offering a curated selection of rods, reels, bait, and tackle, along with expert advice and engaging workshops, we aim to make this store a destination for seasoned fishers and beginners alike. Our Onsite tackle store which will sell all the essentials that fishermen and boaters will need to go fishing, including last minute supplies they may have forgotten. Frozen bait: ballyhoo, shrimp, squid, sardines, mullet, all typical bait used from inshore and offshore fishing Tackle: hooks, sinkers, leaders, lures, swivels, Accessories: hats, sunglasses, seasick pills, face buffs, towels, soda, water Tools: pliers, filet knives, cutters, buckets, gloves Artificial baits: jigs, lures, spoons, Also, if approved we will pre-made breakfast sandwiches so the fishermen can grab a sandwich and go fishing or boating. We would also like to provide a 24-hour ice vending machine on the east side of the building which will provide ice access to the fishermen all day and night. This will keep their catch cold and fresh. The ice can be bought in bulk or by bag. The store hours of operations fluctuate to cater to fishermen. (subject to change per city request) Special hours when needed for city events. We will probably only need three parking spaces for staff and the remaining spaces for customers. Most fishermen can just pull up and pick up their supplies before they make it to the ramp. Florida Tackle Company would love to partner up with the City of Boynton Beach to be that onsite tackle store. It would be a great public-private partnership (PPP) for us, and the city. Of Boynton Beach. 301 Company Profile Florida Tackle Company Inc 1550 N Federal Hwy Boynton Beach Fl 33435 Established in 2018 President: Raymond LaBonte Vice President: Michael LaBonte Summary of Business Operations Florida Tackle Company Inc, established in 2018 and operating since April 2019, specializes in selling fishing tackle and supplies. The store is a dealer for Shimano, Penn, and Daiwa products and collaborates with vendors offering frozen bait, live bait, lures, and other tackle items. In addition to retail operations, the store hosts fishing seminars to educate the public about advanced techniques and provides training for young and beginner fishers, including knot tying and bait hooking skills. Florida Tackle Company has always demonstrated a strong commitment to the local community. They actively participate in events such as Rock the Plazas, Pirate Fest, and Christmas Parades, fostering connections and celebrating the vibrant culture of Boynton Beach. This dedication to community engagement reflects their pride in being an integral part of the city and their ongoing efforts to give back to the residents who support their business. 302 3. Experience and Qualifications Florida Tackle Company’s 7 years serving the Boynton Beach and surrounding area fishing community with knowledgeable staff including USCG captains and dedicated staff bring a friendly and reliable advice on fishing techniques and tactics. To further enhance its services, the company plans to implement comprehensive business plans and dynamic marketing models. These include creating a welcoming fishing atmosphere complemented by an updated website, targeted social media campaigns, local seminars, and an IGFA-certified weigh station. Additionally, Florida Tackle Company will introduce an FWC fishing and hunting license kiosk, ensuring greater accessibility and convenience for the local fishing community. These initiatives aim to build a stronger connection with anglers while fostering growth and engagement in the regional fishing scene. There will be no Sub-operators involved with this location. We will ensure that all operations at this location are managed directly by Florida Tackle Company. This approach ensures consistent quality of service, streamlined communication, and an unwavering commitment to the fishing and hunting community we serve. By centralizing operations, Florida Tackle Company aims to maintain high standards of customer care and operational efficiency. Future expansion plans include a 24-hour self-serve ice machine, live bait pins (pending approval), security cameras equipped with License Plate Recognition (LPR) technology, as well as provisions for beverages, food, and additional amenities. 303 5 Operational Plan Florida Tackle Company will operate from 5:30 AM to 4:00 PM, seven days a week. Extended hours may be offered during special events or under specific weather conditions. The store will prioritize a clean safe atmosphere, and ensure compliance with ADA regulations, including proper aisle spacing. All required permits and licenses will be visibly displayed for review Including Resale Certificates, and Retail Saltwater License. Additionally, our POS system will feature inventory management and provide detailed sales reports. Attached is the COI from our Boynton Beach store. 304 6 Product and Service Offerings Florida Tackle Company will offer a comprehensive range of essential fishing products, including both frozen and fresh bait such as ballyhoo, shrimp, squid, mullet, goggle eyes, sardines, chum, and more. For tackle needs, we will provide hooks, leaders, weights, terminal tackle, rods, reels, lures, and other equipment suitable for both beginner and professional anglers. Additionally, FTC will stock a variety of beverages, including soft drinks, water, and other drinks to keep our fishing community refreshed. For convenience, we will also have grab-and-go sandwiches and snacks available for last- minute purchases. Our offerings will extend to hats, sunscreen, lip balm, beach towels, and other essentials. Moreover, we will carry safety items like life jackets, life vests, boat plugs, marine safety kits, and more to ensure preparedness on the water. Our proposed Ice Machine will be located on the east side of the building, next to the first parking spot. It will provide 24-hour access for the community. We are currently in discussions with two vendors and were waiting to secure the building before finalizing the size and capacity. This machine will have both bag and bulk ice options. The manufacturer will perform maintenance on the machine. They offer maintenance and service for their machines. 305 7 Visionary 5 Year Plan Florida Tackle Company’s visionary plan aims to elevate the fishing experience for every angler in our community. We intend to host educational seminars for both novice and seasoned anglers, as well as engage our youth through fishing clinics and exciting opportunities to fish alongside local captains. Additionally, we plan to collaborate with the city to make fishing more accessible and enjoyable by recommending parking permit costs and streamlining the process for boat loading and unloading. Our commitment to community involvement remains steadfast, as we will continue to participate in events such as Rock the Plaza and Rock the Marina. We also look forward to attending the Christmas parade and taking part in additional city-sponsored activities. Florida Tackle Company is dedicated to donating time and resources to Boynton Beach-sponsored fishing tournaments, as well as neighboring cities, including the Boynton Beach Fire Fighter Tournament, Lantana Fishing Derby, The Hospice KDW Shootout, and King of the Canal. Our ultimate goal is to solidify Boynton Beach as “The Gateway to the Gulfstream” while fostering a thriving fishing community. 306 8 Facility Upgrades Florida Tackle Company proposes several upgrades to the building: 1. Install new doors on the north and south sides of the building. 2. Apply fresh paint to the interior and exterior. 3. Upgrade exterior lighting to LED. 4. Install new windows on the north and south sides of the building. 5. Relocate the interior low voltage cabinet to the closet area. 6. Repair the damaged drywall on the ceiling 307 ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YY) 02/28/25 PRODUCER Liberty Bell Insurance Services LLC 11150 Okeechobee Blvd ROYAL PALM BEACH, FL 33411 Phone:(850)778-0665 Fax:()- THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHT UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED Florida Tackle Company 1550 N Federal Hwy, Unit 11 Boynton Beach, FL 33435 Phone:(561)676-2837 INSURER A: Penn-America Insurance Company INSURER B: INSURER C: INSURER D: INSURER E: COVERAGE THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTHWITHSTANDING 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS GENERAL LIABILITY EACH OCCURANCE $1,000,000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $100,000 CLAIMS MADE X OCCUR MED EXP(Any one person)$5,000 A PAV0547075 02/28/2025 02/28/2026 PERSONAL AND ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER:PRODUCTS - COMP/OP AGG $2,000,000 X POLICY PROJECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (ea accident) $ ANY AUTO ALL OWNED AUTOS BODILY INJURY (Per person) $ SCHEDULED AUTOS HIRED AUTOS BODILY INJURY (Per accident) $ NON-OWNED AUTOS PROPERTY DAMAGE (Per accident)$ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY:AGG $ EXCESS LIABILITY EACH OCCURANCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND WC STATUTORY EMPLOYERS LIABILITY LIMITS OTHER E.L. EACH ACCIDENT $ E.L.DISEASE-EA EMPLOYEE $ E.L.DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Fishing store : CERTIFICATE HOLDER X ADDITIONAL INSURED:INSURED LETTER: A CANCELLATION Ocean Palm Plaza LLC 16950 Jog Road Suite 104 Delray Beach, FL 33446 Faxed to: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION ON LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03)ACORD CORPORATION 1988 308 ACORDTM CERTIFICATE OF PROPERTY INSURANCE DATE (MM/DD/YY) 02/28/25 PRODUCER Liberty Bell Insurance Services LLC 11150 Okeechobee Blvd ROYAL PALM BEACH, FL 33411 Phone:(850)778-0665 Fax:()- THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHT UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED Florida Tackle Company 1550 N Federal Hwy Suite 11 Boynton Beach, FL 33435 Phone: (561)676-2837 INSURER A: Lloyd's of London (AIIN: AA1122000) INSURER B: INSURER C: INSURER D: INSURER E: COVERAGE 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. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) COVERED PROPERTY LIMITS A X PROPERTY X BUILDING $0.00 CAUSES OF LOSS X PERSONAL PROPERTY $200,000.00 BASIC BUSINESS INCOME $ BROAD MERCFL016393-3 02/28/2025 02/28/2026 EXTRA EXPENSE $ X SPECIAL BLANKET BUILDING $ EARTHQUAKE BLANKET PERS PROP $ FLOOD BLANKET BLDG & PP $ $ $ INLAND MARINE $ TYPE OF POLICY $ $ CAUSES OF LOSS $ NAMED PERILS $ OTHER $ CRIME $ TYPE OF POLICY $ $ BOILER & MACHINERY $ $ OTHER LOCATION OF PREMISES/DESCRIPTION OF PROPERTY Prem 1, 1550 N Federal Hwy,Boynton Beach,Palm Beach,FL 33435 SPECIAL CONDITIONS/OTHER COVERAGES CERTIFICATE HOLDER ADDITIONAL INSURED:INSURED LETTER: CANCELLATION Ocean Palm Plaza LLC 16950 Jog Road, Suite 104 Delray Beach, FL 33446 Faxed to: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION ON LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 24 (1/95)c ACORD CORPORATION 1995 309 25-051R - Harvey E. Oyer Jr. Park Bait & Tackle Shop (Operator Term Contract) Opening Date: April 29, 2025 12:20 PM Closing Date: May 30, 2025 3:00 PM Vendor Details Company Name:Florida Tackle Company Address: 1550 N Federal Hwy Suite 11 Boynton Beach , Florida 33435 Contact:Michael LaBonte Email:michael.floridatackle@gmail.com Phone:561-739-8523 Fax:561-739-8523 HST#:83-1962521 Submission Details Created On:Monday May 19, 2025 14:22:41 Submitted On:Friday May 30, 2025 07:58:35 Submitted By:Michael LaBonte Email:michael.floridatackle@gmail.com Transaction #:df3ac599-bfc3-48e6-8970-ecb2d2b7280e Submitter's IP Address:147.243.183.55 Bid Number: 25-051R Vendor Name: Florida Tackle Company310 Schedule of Prices The Bidder hereby Bids and offers to enter into the Contract referred to and to supply and do all or any part of the Work which is set out or called for in this Bid, at the unit prices, and/or lump sums, hereinafter stated. *Denotes a "MANDATORY" field Do not enter $0.00 dollars unless you are providing the line item at zero dollars to the Owner (unless otherwise specified). If the line item and/or table is "NON-MANDATORY" and you are not bidding on it, leave the table and/or line item blank.Do not enter a $0.00 dollar value. Proposed Monthly Lease over 60 Months (5 YEARS) Proposed Monthly Lease Payment. This refers to the proposed monthly lease schedule included in the RFP that will be remitted to the City. The City reserves the right to award to the proposer that is seen to be in the City's best interest. (Please note that the proposed monthly lease amount is only one factor for consideration for the award.) The proposed monthly lease shall not be subject to change until formal negotiations have begun with a designated firm. We will not be submitting for Proposed Monthly Lease over 60 Months (5 YEARS) Line Item Description Amount Months Total over 5 years 1 Proposed Monthly Lease to the City 60 Subtotal:$ 0.00 Proposal Percentage for Revenue Share Scoring Formula – Proposed Percentage of Gross Sales Scoring for revenue share will be based on the percentage of gross revenue offered: Score = (P / P_max) × Score_max Where: P = Proposer’s percentage offered P_max = Highest percentage among all proposals Score_max = Maximum points for this criterion (e.g., 20 points) Example (Score_max = 20): Proposal A: 15% → (15 / 15) × 20 = 20 points Proposal B: 12% → (12 / 15) × 20 = 16 points Proposal C: 10% → (10 / 15) × 20 = 13.3 points Description of Services Unit Quantity Description of Revenue Activity *Percentage to City * Revenue Activity 1 1 Percentage of Daily Sales 2% Bid Number: 25-051R Vendor Name: Florida Tackle Company311 Summary Table Bid Form Amount Proposed Monthly Lease over 60 Months (5 YEARS)$ 0.00 Subtotal Contract Amount:$ 0.00 Confirmation of Minority Owned Business A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form to make it an official part of with your Proposal responses. We will not be submitting for Confirmation of Minority Owned Business Description Response *Comments Is your company a Minority Owned business? No Please select the appropriate response Not Applicable Do you possess a certification qualifying your business as a Minority Owned business? No Issuing organization name Input response in comments box to the right N/A * Date of Issuance Input response in comments box to the right N/A * Letter of Interest The Letter of Interest shall summarizes the Proposer’s primary qualifications and a firm commitment to provide the proposed services. Line Item Description Response * 1 The Letter of Interest shall summarizes the Proposer’s primary qualifications and a firm commitment to provide the proposed services. Our vision is to create a store that not only provides top-quality fishing gear but also fosters a community of anglers who share a passion for fishing and boating. By offering a curated selection of rods, reels, bait, and tackle, along with expert advice and engaging workshops, we aim to make this store a destination for seasoned fishers and beginners alike. Our Onsite tackle store which will sell all the essentials that fishermen and boaters will need to go fishing, including last minute supplies they may have forgotten. Frozen bait: ballyhoo, shrimp, squid, sardines, mullet, all typical bait used from inshore and offshore fishing Tackle: hooks, sinkers, leaders, lures, swivels, Accessories: hats, sunglasses, seasick pills, face buffs, towels, soda, water Tools: pliers, filet knives, cutters, buckets, gloves Artificial baits: jigs, lures, spoons, Also, if approved we will pre-made breakfast sandwiches so the fishermen can grab a sandwich and go fishing or boating. We would also like to provide a 24-hour ice vending machine on the east side of the building which will provide ice access to the fishermen all day and night. This will keep their catch cold and fresh. The ice can be bought in bulk or by bag. The store hours of operations fluctuate to cater to fishermen. (subject to change per city request) Special hours when needed for city events. We will probably only need three parking spaces for staff and the remaining spaces for customers. Most fishermen can just pull up and pick up their supplies before they make it to the ramp. Florida Tackle Company would love to partner up with the City of Boynton Beach to be that onsite tackle store. It would be a great public-private partnership (PPP) for us, and the city. Of Boynton Beach. Bid Number: 25-051R Vendor Name: Florida Tackle Company312 Local Business Status Certification I am an authorized representative of the business and, on behalf of the Business, request that it be deemed to be a local business for purposes of the City of Boynton Beach Local Preference Program. Answering yes to Question 1 and Question 2 below will qualify the business as a local business. In support of this request, I certify the following to be true and correct: I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also agree that the business is required to notify the City in writing should it cease to qualify as a local business. By checking the box that you are not submitting for "Local Business Status Certification" you declare that you are not a local business in the City of Boynton Beach. We will not be submitting for Local Business Status Certification Is the business located within the City limits of Boynton Beach, Florida? * Does the business have a business tax receipt issued in the current year? * Is the business registered with the Florida Division of Corporations? * Number of years in business *Business license number * Yes No Yes No Yes No 7 83-1962521 Qualifications and Experience/Ability of Professional Personnel Description Response * Describe the experience and qualifications of all key Proposer and Sub-Proposer players. FTC has 6 years of retail experience in the tackle industry provide expert advise and product to our customers at an affordable price Summarize the quality of the firm’s support personnel and continuity of staff. Customer support is top priority for us. Our knowledgeable staff works well with our customers satisfying their needs Describe the ability to perform additional services and provide technical support throughout engagement. We also provide reel repair and rod repair for our customers along with our local captain provides fishing charters. We also refer charters to our local Boynton Beach captains Explain the ability to meet set standards.We have a high standard of customer satisfaction in our store Our google reviews show that, along with our return customers. Provide evidence of a capable and well-organized engagement team and management plan. With 17 years as a manager in a fortune 500 company, I have instilled organizational skills in the store staff. We also maintain a clean and safe store with processes and guidelines. OFFEROR'S QUALIFICATION STATEMENT Line Item Description Response * 1 How many years has your organization been in business under its present name? 6.5 2 If Vendor is operating under Fictitious Name, submit evidence of compliance with Florida Fictitious Name Statute. N/A 3 Under what former name (s) had your business operated? Also list former address(es) of that business, if any. N/A 4 Have you ever been disbarred or suspended from doing business with any governmental entity? If Yes, explain. NO 5 Are you licensed? If Yes, attach copy of license to submission package. N/A 6 Has your company ever declared bankruptcy? If Yes, explain. NO Bid Number: 25-051R Vendor Name: Florida Tackle Company313 SCRUTINIZED COMPANIES DETERMINATION By submission of this qualification package and if selected by the City as the CONSULTANT, execution of this Agreement, in accordance with the requirements of F.S. 287.135 and F.S. 215.473, CONSULTANT, certifies that CONSULTANT is not participating in a boycott of Israel. CONSULTANT further certifies that CONSULTANT 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, nor has CONTRACTOR been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the CITY will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The CITY shall provide notice, in writing, to the CONSULTANT of the CITY’s determination concerning the false certification. CONSULTANT 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, CONSULTANT 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 CONSULTANT does not demonstrate that the City's determination of false certification was made in error, then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. Line Item Description Response * 1 I Hereby Acknowledge the Scrutinized Companies - Florida Statute 287.135 and 215.473 Information Above and Will Abide by Everything Outlined in this Section. Yes No E-VERIFY As a condition precedent to entering into this Agreement, and in compliance with Section 448.095, Fla. Stat., Contractor and its subcontractors shall register with and use the E-Verify system to verify work authorization status of all employees hired after January 1, 2021. Contractor shall require each of its subcontractors to provide Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Contractor shall maintain a copy of the subcontractor’s affidavit as part of and pursuant to the records retention requirements of this Agreement. City, Contractor, or any subcontractor/subconsultant who has a good faith belief that a person or entity with which it is contracting has knowingly violated Section 448.09(1), Fla. Stat. or the provisions of this section shall terminate the contract with the person or entity. City, upon good faith belief that a subcontractor knowingly violated the provisions of this section; but Contractor otherwise complied, shall promptly notify Contractor and Contractor shall immediately terminate the contract with the subcontractor. An agreement or contract terminated under the provisions of this section is not a breach of contract and may not be considered such. Any agreement or contract termination under the provisions of this section may be challenged pursuant to Section 448.095(2)(d), Fla. Stat. Contractor acknowledges that upon termination of this Agreement by the City for a violation of this section by Contractor, Contractor may not be awarded a public contract for at least one (1) year. Contractor further acknowledges that Contractor is liable for any additional costs incurred by the City as a result of termination of any contract for a violation of this section. Contractor or subcontractor shall insert in any subcontracts the clauses set forth in this section; requiring the subcontractors to include these clauses in any lower tier subcontracts. Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this section. Line Item Description Response * 1 I Hereby Acknowledge the E-VERIFY Information Above and Will Abide By Everything in this Section. Yes No Bid Number: 25-051R Vendor Name: Florida Tackle Company314 References 1. References – Past Performance Provide a list of three (3) governmental agency references or similar contracts for which the Proposer has completed or is in progress within the past ten (10) years with the following information: 2. Name of Agency 3. Address 4. Contact Name, Email Address 5. Telephone Number 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 may 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. Description Reference 1 - Completed or In Progress *Reference 2 - Completed or In Progress *Reference 3 - Completed or In Progress * Company Name Florida Suncoast Sales Tacle Depoe Fish-N-Stik Address 3501 SW 137 Ave, Miramar, FL 32027 4532 SW 71 Ave, Miami, FL 5407 N. Haverhill Rd, WPB, FL 33407 Contact Name Justin:Pete Santiago Keith Phone • 954-326-2276 • 954-401-6114 305-439-3353 561-686-7845 561-768-3461 Email flsuncoast@bellsouth.net mrfrench97@aol.com fishnstik@gmail.com Subcontractors The Bidder shall state all Subcontractor(s) and type of Work proposed to be used for this project. Bidders shall not indicate “TBD” (To Be Determined) or “TBA” (To Be Announced) or similar wording and shall not indicate multiple choices of Subcontractor names for any Subcontractor category in their list of Subcontractors. Schedule of Sub-Operators The Undersigned Respondent proposes the following major subcontractors for the major areas of work for the Project. The Respondent is further notified that all sub-contractors shall be properly licensed, bondable and shall be required to furnish the City with a Certificate of Insurance in accordance with the contract general conditions. This page may be reproduced for listing additional sub-contractors, if required. If not applicable or if no-subconsultants will be used in the performance of this Work, write “Not-Applicable” or “NONE” across the form. By clicking here I confirm that there are no Subcontractor(s)/Subconsultant(s) and the Bidder shall perform the project with their “OWN FORCES”. Line Item Name of Sub-Consultant *Address of Sub-Consultant *License No. *Contract Amount *Percentage (%) of Contract * 1 Documents Ensure your submission document(s) conforms to the following: Bid Number: 25-051R Vendor Name: Florida Tackle Company315 Documents should NOT have a security password, as City of Boynton Beach may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by City of Boynton Beach. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as “Marketing Plan.” If the attached file(s) cannot be opened or viewed, your Bid Call Document may be rejected. SECTION III – SUBMISSION OF PROPOSALS 1. GENERAL REQUIREMENTS The Technical Proposal aims to demonstrate the qualifications, competence, and capacity of the Firms seeking to undertake the requirements of this RFP. As such, the substance of the Proposal will carry more weight than its length, form, or manner of presentation. The Technical Proposal should demonstrate the qualifications of the Operator and the particular staff to be assigned to this engagement. It should also specify an approach that meets or exceeds the RFP requirements. The Operator shall provide sufficient organization, personnel, and management to carry out the requirements of this RFP expeditiously and economically, consistent with the City's needs. Additionally, the Operator will be required to demonstrate recent experience successfully completing services similar to those specified in this RFP. 2. CERTIFICATION AND LICENSES Proposers must include copies of all applicable certificates, licensing, and business permits related to the Work specified in the scope of work with their proposals. 3. DETAILED PROPOSAL Each of the Eleven (11) sections listed below shall be completed online through the e-procurement system. ALL PROPOSAL FORMS ARE TO BE COMPLETED ONLINE A. Letter of Interest A signed letter summarizing the proposer’s interest in the opportunity and ability to meet the City's needs. Include the primary point of contact's name, title, and contact information. B. Company Profile Legal business name, year established, ownership structure, and office location. If the Principal place of business is different than the location specified in the Proposer’s Qualification Statement, then the Operator shall specify the office location where each project will be managed and produced. Summary of business operations and relevant history. Proof of authorization (SUNBIZ) from the Florida Secretary of State to transact business in the State from prime and supporting firms. C. Proposer’s Experience and Qualifications Description of management team and key personnel qualifications. An organizational chart that clearly defines the lines of authority and specifically lists the Client Service Manager, Project Manager, and primary Project Professional. These project team members are hereafter referenced as “key contract members”. Bid Number: 25-051R Vendor Name: Florida Tackle Company316 Provide resumes for all key project members outlining the relevant experience and education. Identify the services that your Firm’s staff would complete and those provided by the sub-Operator, if any. Identify any sub-Operator you propose to utilize to supplement your Firm’s staff. (Maximum of 4 pages) Business and Marketing Plan Model Proposer Outline of Investments, Development, and Future Expansion Revenue Sharing Opportunities (SEE SAMPLE CONTRACT FOR FURTHER IDEAS) D. Financial Documentation Proposer shall demonstrate financial stability and provide a statement of their financial stability, including information as to current or prior bankruptcy proceedings by providing a copy of the most recent audited annual financial statements prepared and certified by a CPA containing a balance sheet, an income statement, and a statement of cash flows. The financial statements requested will develop five financial analytical insights, which include the following: a. Working Capital - measures liquid assets that provide a safety cushion to creditors. b. Accounts Receivable – as a percentage of current assets, which will provide information about assets not yet received and therefore unavailable at the present time to be used as resources. c. Receivables to Current Assets - receivables as a percentage of current assets that would reveal the size of receivables in current assets and the opportunity cost associated with it. d. Long Term Debt - measurements representing the percentage of a corporation’s assets that are financed with loans and financial obligations lasting more than one year. e. Cash Ratio - an indicator of a company’s liquidity by measuring the amount of cash, cash equivalents or invested funds there are in current assets to cover current liabilities. E. Operational Plan a. Daily operations plan, including staffing, hours of operation, inventory management, and customer service protocols. b. Plan for maintaining cleanliness, safety, and compliance with local City codes. c. Proof of or commitment to obtain all required licenses and permits. d. Certificate of insurance or letter of insurability demonstrating ability to meet City insurance requirements. e. Proposer shall demonstrate to the City the cash controls they will create to alleviate the potential of fraud. F. Product and Service Offerings a. A list of all bait, tackle, tools, accessories, food and beverage offerings, and any additional merchandise to be sold. b. Description of ice vending machine model, location, and maintenance plan. G. Visionary Five-Year Plan a. A forward-looking plan detailing goals for growth, service enhancements, community engagement, and potential facility upgrades. H. Facility Upgrades (Optional) a. Any proposed physical or technological upgrades to enhance the appearance, functionality, or customer experience of the space. I. Submittal of General Information and Procurement Forms and Documents Procurement forms should be completed, signed, and notarized when required and submitted. In addition, all other requests and supporting documentation should be included. a. Proposers Qualification Statement – Upload Online b. Non-collusion Affidavit of Proposer– Upload Online c. E-Verify Form Under Section 448.095 – Upload Online d. Certification Pursuant to Florida Statute § 287.135 - Upload Online e. Anti-Kickback Affidavit – Upload Online Bid Number: 25-051R Vendor Name: Florida Tackle Company317 f. Affidavit of Compliance with Foreign Entity Laws - Upload Online g. Affidavit of Compliance with Anti-Human Trafficking Laws - Upload Online h. Copy of Proposers W9 - Upload Online i. Proposer Acknowledgement – Online Acknowledgement j. Addenda Acknowledgement – Online Acknowledgement k. Confirmation of Minority-Owned Business - Online Form l. Confirmation of Drug-Free Workplace - Online Acknowledgement m. Palm Beach Inspector General - Online Acknowledgement n. Local Business Certification - Supplier Must Present a copy of Certification. o. Statement of non-submittal (if applicable) - Online Form p. Schedule of Sub-Operator – Input list, if applicable. q. Submit current Florida Professional License(s), including evidence of possession of required licenses – Upload Online r. Submit proof of Professional Liability Insurance at the levels identified on the Insurance Advisory Form as an attachment. – Upload Online s. Submit any Supplemental information relative to this RFP – Upload Online J. References – Past Performance - Completed Online a. Minimum of three (3) business references in the past ten years with contact information, including the following: a. Address b. Contact Name, Email Address c. Telephone Number b. Include a brief summary of the relationship and services provided. c. 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. d. 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 may 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. K. Proposed Revenue Sheet is a separate document where Proposers will input the proposed revenue share for this contract. Completed through bids&tenders. THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY Bid Number: 25-051R Vendor Name: Florida Tackle Company318 A. Letter of Interest - 1 Letter of Interest.docx - Wednesday May 28, 2025 13:23:43 B. Company Profile - 2 Company Profile.docx - Wednesday May 28, 2025 13:23:59 C. Proposer’s Experience and Qualifications - 3 Experience and Qulaifications.docx - Wednesday May 28, 2025 13:24:14 D. Financial Documentation - 2023 FTC TAX RETURN.pdf - Thursday May 29, 2025 12:48:26 E. Operational Plan - 5 Operational Plan.docx - Wednesday May 28, 2025 13:24:28 F. Product and Service Offerings - 6 Product and Service Offerings.docx - Wednesday May 28, 2025 13:24:42 G. Visionary Five-Year Plan - 7 Visionary 5 Year Plan.docx - Wednesday May 28, 2025 13:25:08 H. Facility Upgrades (Optional) - 8 Facility Upgrades.docx - Wednesday May 28, 2025 13:25:40 I. Submittal of General Information and Procurement Forms and Documents - PROCUREMENT.zip - Thursday May 29, 2025 13:35:08 Any other information proposers would like to add - INSURANCE.zip - Thursday May 29, 2025 13:36:00 Additional Document - RETAIL SALTWATER PRODUCTS.png - Thursday May 29, 2025 13:05:45 Bid Number: 25-051R Vendor Name: Florida Tackle Company319 Addenda & Declarations 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. The term “vendor,” as used below, may collectively apply to vendors, bidders, proposers, consultants, contractors, subcontractors, and subconsultants. 1. FAMILIARITY AND COMPLIANCE WITH LAWS, CODES AND REGULATIONS: Before submitting a proposal to this RFP, proposers 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. Proposers 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 Proposer shall not be a cause for relief from responsibility. 2. NON-COLLUSION Proposer shall not collude, conspire, connive, or agree, directly or indirectly, with any other proposer, 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 a person to fix the price or prices in the proposal submission form or of any other proposer, or to fix any overhead profit, or cost elements of the proposal price of any other responder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against any other proposer, or any person interested in the proposed work. The proposer 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. 3. LEGAL CONDITIONS Proposers 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 Ordinances of the City of Boynton Beach. 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. ADDITIONAL HOURS QUANTITIES The City reserves the right to acquire additional hours or quantities of the requested proposal services at the prices proposal in this solicitation. If additional quantities are not acceptable, the price proposal sheets must be noted: “PROPOSAL IS FOR SPECIFIED QUANTITY ONLY”. 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. Bid Number: 25-051R Vendor Name: Florida Tackle Company320 7. LEGAL REQUIREMENTS: Proposer shall comply with all 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 Proposer will in no way be a cause for relief from responsibility. 8. ON PUBLIC ENTITY CRIMES All Request for Proposals 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 proposal on a contract or provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, 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”. 9. FEDERAL AND STATE TAX: The City of Boynton Beach is exempt from Federal and state taxes. 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. 11 . COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: The Proposer certifies that all material, equipment, etc., contained in this proposal meets all O.S.H.A. requirements. Proposer 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 Proposer. Proposer certifies that all employees, subcontractors, agents, etc. shall comply with all O.S.H.A. and State safety regulations and requirements. 12. PALM BEACH COUNTY INSPECTOR GENERAL: The Proposer 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 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 justifying its termination. 13. OTHER AGENCIES Any Agreement(s) resulting from this RFP and from this submitted proposal may, upon mutual agreement, permit any municipality or other governmental agency to participate in the Agreement under the same prices, terms, and conditions if agreed to by both parties. Bid Number: 25-051R Vendor Name: Florida Tackle Company321 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 Proposer(s). 14. VENUE AND GOVERNING LAW: Any and all legal actions arising from or necessary to enforce this solicitation and resulting Agreement will be held exclusively in Palm Beach County and shall be interpreted according to the laws of Florida. 15. NON-DISCRIMINATION & EQUAL OPPORTUNITY EMPLOYMENT The City is committed to assuring equal opportunity in awarding orders/contracts and complies with all laws prohibiting discrimination. During the performance of the Agreement, 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. 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. 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. 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. 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. 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. 16. INDEPENDENT CONTRACTOR RELATIONSHIP: The Proposer and, if awarded Consultant, is, and shall be, in the performance of all work, services, and activities under this solicitation and the resulting Agreement, an independent Contractor and not an employee or agent of the City. All persons engaged in any of the work or services performed pursuant to the Agreement 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 contractor and not as employees or agents of the City. 17. OMISSION OF DETAILS Omission of any essential details from the terms or specifications contained herein will not relieve the responding Firm of supplying such product(s) or service as specified. 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, or other response and shall remain in effect until the City Commission awards or approves a contract, rejects all responses, or otherwise takes action that ends the solicitation process. While the cone of silence is in effect, no Proposer or its agent shall directly or indirectly communicate with any member of City Commission or their staff, the Manager, any employee of Boynton Beach authorized to act Bid Number: 25-051R Vendor Name: Florida Tackle Company322 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 Proposer. Further, any contract entered into in violation of the cone of silence shall render the transaction voidable. The cone of silence shall not apply to oral communications at any public proceeding, including pre-proposal 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. 19. LEGAL EXPENSES: The City shall not be liable to a Proposer for any legal fees, court costs, or other legal expenses arising from the interpretation or enforcement of the Agreement, or any other matter generated by or relating to the Agreement. 20. NO THIRD-PARTY BENEFICIARIES: No provision of this RFP 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 Proposer. 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. 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 Agreement, 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. 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. 24. NON-EXCLUSIVE Bid Number: 25-051R Vendor Name: Florida Tackle Company323 As may be applicable, the City reserves the right to acquire some or all of these goods and services through a State of Florida contract pursuant to the City’s Procurement Policy, provided the State of Florida 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 agreements for goods and services falling within the scope of this solicitation and resultant Agreement when the specifications differ from this solicitation or resultant Agreement, or for goods and services specified in this solicitation when the scope substantially differs from this solicitation or resultant Agreement. 25. BUSINESS INFORMATION If a proposing firm is a Joint Venture for the goods/services described herein, the Proposer shall, upon request of the City, provide a copy of the Joint Venture Agreement signed by all parties. 26. AGREEMENT Proposer agrees that by submitting a proposal that is accepted by the City of Boynton Beach, a binding Agreement 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 Proposer. The Proposer certifies that the proposal has been made by an officer or employee having the authority to bind the Proposer. 27. ENDORSEMENTS No endorsements by the City of the goods and/or services will be used by the Proposer in any way, manner, or form. 28. DRUG-FREE WORKPLACE The Consultant shall implement and maintain a drug-free workplace program of at least the following items: 28. 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. A. Inform employees about the dangers of drug abuse in the workplace, the Proposer'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. B. Give each employee engaged in providing the services that are under contract a copy of the statement specified in Item A above. C. In the statement specified in Item A above, notify the employees that, as a condition of providing the services that are under contract, the employee will abide by the terms of the statement and will notify the Proposer 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. D. 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. E. Make a good faith effort to continue to maintain a drug-free workplace through the implementation of Section 287.087, Florida Statutes 29. PROHIBITED TELECOMMUNICATIONS EQUIPMENT Proposer represents and certifies that Proposer 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. Proposer represents and certifies that Proposer and all Sub- consultants shall not provide or use such covered telecommunications equipment, system, or services during the Term. 30. PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL, OR IDEOLOGICAL INTERESTS IN GOVERNMENT CONTRACTING Bid Number: 25-051R Vendor Name: Florida Tackle Company324 Proposers 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 Proposer's social, political, or ideological interests when determining if the Proposer is a responsible Consultant. Proposers are further notified that the City's governing body may not give preference to a Proposer based on the Proposer's social, political, or ideological interests. 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 Proposer pursuant to the terms of this solicitation, including but not limited to reports, memoranda or letters concerning the research and reporting tasks required. 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. 33. PUBLIC RECORDS Sealed documents received by the City in response to a Request for Proposals are exempt from public records disclosure until thirty (30) calendar days after the opening of the RFP unless the City announces intent to award sooner, in accordance with Florida Statutes 119.071. 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 which have been created as a part of the vendor's services or authorized by the City as a reimbursable 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, 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 Proposer believes to be confidential and exempt from disclosure (i.e., a trade secret or as provided for in Section 119.07, Chapter 688, 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 Agreement, 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 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 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. 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. Bid Number: 25-051R Vendor Name: Florida Tackle Company325 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 AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK’S OFFICE 100 EAST OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6060 CityClerk@bbfl.us 5.34 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. Bid Number: 25-051R Vendor Name: Florida Tackle Company326 THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK I/We have the authority to bind the Company and submit this Bid on behalf of the Bidder. - Michael LaBonte, VP, Florida Tackle Company The bidder shall declare any potential or actual conflict of interest that could arise from Bidding on this Bid. Do you have a conflict of interest? Yes No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document Please check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda. File Name I have reviewed the below addendum and attachments (if applicable) Pages Addenda No. 1 Tue May 27 2025 06:17 PM 2 Bid Number: 25-051R Vendor Name: Florida Tackle Company327 328 329 330 331 332 333 334 335 336 Lease Area 337 338 City of Boynton Beach Agenda Item Request Form 7.B Consent Bids and Purchases 11/ 4/2025 Meeting Date: 11/ 4/2025 Proposed Resolution No. R25-288- Approve Amendment No. 2 to Agreement between the City of Boynton Beach and Hera Property Registry, LLC for registration and monitoring services for the administrator of record for abandoned, foreclosed, vacant properties within the City. Requested Action: Staff recommends approval of Proposed Resolution No. R25-288. Explanation of Request: On July 15, 2025, the parties executed Amendment No. 1 to the Agreement, which extended the term for the first one-year renewal option through October 16, 2026. Existing ordinance 09-040 was amended to include the registration of vacant properties by repealing and replacing ordinance 09-040, in its entirety, with ordinance 25-015. City staff is requesting to amend the agreement to include registration of properties in foreclosure and vacant properties pursuant to the ordinance. Additionally, there is a registration fee to register the vacant property. The fee amount is set as $150, where Hera receives $75 and the City receives $75. How will this affect city programs or services? There will be no affect on City programs or services. Budgeted Item: Yes Account Line Item and Description: 001-0000-342.92-00 Pubic Safety/Abandoned Prop Registration Fiscal Impact: Funds have been budgeted under line items. This is a revenue generating account. Attachments: R25-288 Agenda_Item_3881-2025_-_Resolution_for_Amendment_No._2_- _Hera_Property_Registry__LLC.docx FL Boynton Beach 2nd Amendment Extension to 20251026 - signed.pdf R23-143.pdf Amd #1 (1).pdf 339 RESOLUTION NO. R25-288 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF 1 BOYNTON BEACH, FLORIDA, APPROVING AMENDMENT NO. 2 TO 2 THE AGREEMENT WITH HERA PROPERTY REGISTRY, LLC FOR 3 REGISTRATION AND MONITORING SERVICES FOR THE 4 ADMINISTRATOR OF RECORD FOR ABANDONED, FORECLOSED, 5 VACANT PROPERTIES WITHIN THE CITY; PROVIDING AN 6 EFFECTIVE DATE; AND FOR ALL OTHER PURPOSES. 7 8 WHEREAS, on October 17, 2023, the City and Hera Property Registry, LLC (“Vendor”), 9 entered into Single Source Agreement No. DEV23-056R (the “Agreement”) for Administrator of 10 Record for Abandoned, Foreclosed, Vacant Properties within the City, approved by Resolution 11 No. R23-143 on October 17, 2023; and 12 WHEREAS, on July 15, 2025, the City and vendor executed Amendment No. 1 to the 13 Agreement, extending the term for the first one-year renewal option, extending the agreement 14 through October 16, 2026; and 15 WHEREAS, the City is amending existing Ordinance No. 09-040 to include the 16 registration of Vacant Property, by repealing and replacing Ordinance No. 09-040 in its entirety 17 with Ordinance No. 25-015 (the “Ordinance”); and 18 WHEREAS, the City and Vendor desire to amend the Agreement to include registration 19 of properties in foreclosure and vacant property pursuant to the Ordinance; and 20 WHEREAS, the City Commission of the City of Boynton Beach, Florida, deems it to be in 21 the best interests of the citizens and residents of the City of Boynton to approve Amendment 22 No. 2 to the Agreement with Hera Property, LLC for Administrator of Record for Abandoned, 23 Foreclosed, Vacant Properties within the City. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 25 BEACH, FLORIDA, THAT: 26 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 27 being true and correct and are hereby made a specific part of this Resolution upon adoption 28 hereof. 29 SECTION 2. The City Commission hereby approves Amendment No. 2 to the 30 Agreement with Hera Property, LLC for Administrator of Record for Abandoned, Foreclosed, 31 Vacant Properties within the City (the “Amendment”), in form and substance similar to that 32 340 RESOLUTION NO. R25-288 attached as “Exhibit A”. 33 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 34 authorizes the Mayor to execute the Amendment. The Mayor is further authorized to execute 35 any ancillary documents required under the Amendment or necessary to accomplish the 36 purposes of this Resolution. 37 SECTION 4. The fully executed Amendment shall be retained by the City Clerk as a 38 public record of the City, and a copy shall be provided to Candice Stone to forward to the 39 Vendor. 40 SECTION 5. This Resolution shall take effect as provided by law. 41 42 [SIGNATURES ON FOLLOWING PAGE] 43 341 RESOLUTION NO. R25-288 PASSED AND ADOPTED this _____ day of __________________ 2025. 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 – Thomas Turkin _____ _____ 54 55 Commissioner – Aimee Kelley _____ _____ 56 57 VOTE ______ 58 ATTEST: 59 60 61 _____________________________ ______________________________ 62 Maylee De Jesús, MPA, MMC Rebecca Shelton 63 City Clerk Mayor 64 65 APPROVED AS TO FORM: 66 67 (Corporate Seal) 68 _______________________________ 69 Shawna G. Lamb 70 City Attorney 71 342 2nd Amendment to Contract No. DEV23-056R Page 1 of 4 AMENDMENT NO. 2 TO AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND _HERA PROPERTY REGISTRY, LLC FOR REGISTRATION AND MONITORING SERVICES FOR THE ADMINISTRATOR OF RECORD FOR ABANDONED, FORECLOSED, VACANT PROPERTIES WITHIN THE CITY This second Amendment (“Amendment”) is entered into by and between the City of Boynton Beach, a Florida municipal corporation (“City”), and HERA Property Registry, LLC, a corporation registered to transact business in the State of Florida (“Vendor”) (collectively referred to as the “Parties”). RECITALS A. On October 17, 2023, the Parties entered into Single Source Agreement No. DEV23-056R (the “Agreement”) for Administrator of Record for Abandoned, Foreclosed, Vacant Properties within the City. B. On July 15, 2025, the parties executed Amendment No. 1 to the Agreement extending the term for the first one-year renewal option extending the agreement through October 16, 2026. C. The City is amending their existing Ordinance 09-040 to include the registration of Vacant Property, by repealing and replacing Ordinance 09-040, in its entirety, with Ordinance No. 25-015 (the “Ordinance”). D. The Parties wish to amend their Agreement to include registration of properties in foreclosure and Vacant Property pursuant to the Ordinance. Now, therefore, in consideration of the mutual terms and conditions, promises, covenants, and payments hereinafter set forth, City and Vendor agree as follows: 1. The above Recitals are true and correct and are incorporated herein by reference. All capitalized terms not expressly defined within this Amendment shall retain the meaning ascribed to such terms in the Agreement. 2. Except as modified herein, all remaining terms and conditions of the Agreement shall remain in full force and effect. 3. The Agreement is amended by adding the following paragraph to Section 1. RESPONSIBILITIES. F. VENDOR will cite the City’s Ordinance to property Owners required to register Vacant Property. Vendor will electronically provide for registration of Vacant Properties 343 2nd Amendment to Contract No. DEV23-056R Page 2 of 4 pursuant to the Ordinance. Vendor will charge a fee of One Hundred Fifty Dollars ($150.00) semi-annually to Owners for registration of Vacant Property. Vendor shall remit 50% of the vacant registration fee to the City (currently $75.00) in consideration of the services provided. Vendor shall forward payment of the City’s portion of the registration fee to the City’s Finance Department no later than the 15th day of the month during the term of this Agreement. 4. In the event of any conflict or ambiguity between this Amendment and the Agreement, the Parties agree that this Amendment shall control. The Agreement, as amended herein by this Amendment, incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein, and the Parties agree that there are no commitments, agreements, or understandings concerning the subject matter hereof that are not included in the Agreement as amended in this Amendment. Accordingly, the Parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. 5. Vendor acknowledges that through the date this Amendment is executed by Vendor, Vendor has no claims or disputes against City concerning any of the matters covered by the Agreement. 6. The following new sections are added to the Agreement as follows: (a) Discriminatory Vendor and Scrutinized Companies List; Countries of Concern. Vendor represents that it has not been placed on the “discriminatory vendor list” as provided in Section 287.134, Florida Statutes, and that it is not a “scrutinized company” pursuant to Sections 215.473 or 215.4725, Florida Statutes. Vendor represents and certifies that it is not, and for the duration of the term of the Agreement, will not be ineligible to contract with City on any of the grounds stated in Section 287.135, Florida Statutes. Vendor represents that it is, and for the duration of the term of the Agreement will remain, in compliance with Section 286.101, Florida Statutes. (b) Public Entity Crime Act. Vendor 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. Vendor 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 Vendor has been placed on the convicted vendor list. (c) Verification of Employment Eligibility. Vendor represents that Vendor and each subcontractor have registered with and use the E-Verify system maintained by the United States Department of Homeland Security to verify the work authorization status of all newly hired employees in compliance with the requirements of Section 448.095, Florida Statutes, and that entry into this Agreement will not violate that statute. If Vendor 344 2nd Amendment to Contract No. DEV23-056R Page 3 of 4 violates this section, City may immediately terminate this Agreement for cause, and Vendor shall be liable for all costs incurred by City due to the termination. (d) Prohibited Telecommunications Equipment. Vendor represents and certifies that Vendor and all subcontractors do not use any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, as such terms are used in 48 CFR §§ 52.204-24 through 52.204-26. Vendor represents and certifies that Vendor and all subcontractors shall not provide or use such covered telecommunications equipment, system, or services during the duration of the term of the Agreement. (e) Entities of Foreign Concern. The provisions of this section apply only if Vendor or any subcontractor will have access to an individual’s personal identifying information under this Agreement. Vendor represents and certifies: (i) Vendor is not owned by the government of a foreign country of concern; (ii) the government of a foreign country of concern does not have a controlling interest in Vendor; and (iii) Vendor is not organized under the laws of and does not have its principal place of business in, a foreign country of concern. On or before the effective date of this Amendment, Vendor and any subcontractor that will have access to personal identifying information shall submit to City executed affidavit(s) under penalty of perjury, in a form approved by City attesting that the entity does not meet any of the criteria in Section 287.138(2), Florida Statutes. Compliance with the requirements of this section is included in the requirements of a proper invoice for payment purposes. Terms used in this section that are not otherwise defined in this Agreement shall have the meanings ascribed to such terms in Section 287.138, Florida Statutes. (f) Sovereign Immunity. Except to the extent sovereign immunity may be deemed waived by entering into this Agreement, nothing herein is intended to serve as a waiver of sovereign immunity by City, nor shall anything included herein be construed as consent by City to be sued by third parties in any matter arising out of this Agreement. (g) Anti-Human Trafficking. On or before the Effective Date of this Amendment, Vendor shall provide City with an affidavit attesting that the Vendor does not use coercion for labor or services, in accordance with Section 787.06(13), Florida Statutes. (h) 7. The effective date of this Amendment shall be the date of complete execution by the Parties. 8. This Amendment may be executed in multiple originals and may be executed in counterparts, whether signed physically or electronically, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. (The remainder of this page is blank.) 345 7th October 25 346 1 RESOLUTION NO. R23-143 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 5 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A 6 REVENUE GENERATING AGREEMENT WITH HERA PROPERTY 7 REGISTRY, LLC OF MELBOURNE, FL AS A SINGLE SOURCE 8 CONSULTANT FOR THE REGISTRATION AND MONITORING SERVICES 9 BASED ON THE REQUEST FOR QUOTE NO. DEV23- 057R 10 ADMINISTRATOR OF RECORD FOR ABANDONED, FORECLOSED, 11 VACANT PROPERTIES WITHIN THE CITY; AND PROVIDING AN 12 EFFECTIVE DATE. 13 14 15 WHEREAS, the purpose of the property registration program is to provide a more 16 effective way for the City to manage foreclosed properties without adding staff; and 17 WHEREAS, on June 28, 2023 the City received notice that Property Registration 18 Champions, LLC (a/k/a PROCHAMPS), who the City had been doing business with, filed 19 bankruptcy in the Circuit Court of the Ninth Judicial Circuit in Orange County Florida; and 20 WHEREAS, on July 24, 2023, a new Request for Letter of Interest (RLI) was posted to 21 DemandStar and was active for 14 days; and 22 WHEREAS, Purchasing staff received and opened one response to the RLI for 23 Administrator of Record for Abandoned, Foreclosed, Vacant Properties; the response was 24 from Hera Property Registry, LLC; and 25 WHEREAS, Purchasing issued a formal Request for Quote No. DEV23-057R to Hera 26 Property Registry, LLC on August 29, 2023 and received a response/proposal from Hera 27 Property Registry, LLC; and 28 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 29 recommendation of staff, deems it to be in the best interests of the City residents to approve 30 and authorize the City Manager to sign a revenue generating Agreement with Hera Property 31 Registry, LLC of Melbourne, FL as a single source consultant for the registration and 32 monitoring services based on the Request for Quote No. DEV23- 057R Administrator of 33 Record for Abandoned, Foreclosed, Vacant Properties within the City. 34 NOW,THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF S:\CA\RESO\Agreements\Hera Property Registry Agreement-Reso.docx 347 35 BOYNTON 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 hereof. 39 Section 2. The City Commission hereby approves and authorizes the City 40 Manager to sign a revenue generating Agreement with Hera Property Registry, LLC of 41 Melbourne, FL as a single source consultant for the registration and monitoring services 42 based on the Request for Quote No. DEV23- 057R Administrator of Record for Abandoned, 43 Foreclosed, Vacant Properties within the City. A copy of the Agreement is attached hereto 44 and incorporated herein by reference as Exhibit "A." 45 Section 3. This Resolution shall become effective immediately upon passage. 46 PASSED AND ADOPTED this 17th day of October, 2023. 47 CITY OF BOYNTON BEACH, FLORIDA 48 YES NO 49 50 Mayor–Ty Penserga 51 52 Vice Mayor–Thomas Turkin 53 54 Commissioner–Angela Cruz 55 56 Commissioner–Woodrow L. Hay 57 58 Commissioner–Aimee Kelley 59 60 VOTE t7 61 ATTEST: 63 s 63 ae 64 Mayl-e P.. Jesus, MP•, MMC Ty P- _ -F • 65 City Cle' May../ 66 O ,OYN7— NA fr APP;OVED AS TIP FORM: 67 (Corporate Seal) GORPOR4pF•t' INCORPORATED: 348 r ti J: a t'.Y`.` p y REQUEST FOR QUOTE FOR ADMINISTRATOR OF RECORD FOR ABANDONED/FORECLOSED/V- CANT PROPERTIES QUOTE NO.: DEV23-056R IA)" r3 c 349 t4 ltios ar ' ks e yt NYtr 97.100. AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PROPERTY REGISTRATION CHAMPIONS, LLC This Agreement is made as of this day of bet-,2023 by and between (HERA PROPERTY REGISTRY, LLC)with a principal address 61900 S. Harbor City Blvd.,Suite 211, Melbourne, FL 32901 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, FL 33435, hereinafter referred to as City". WITNESSETH WHEREAS, because of mortgage foreclosures on residential and commercial properties that are in violation of the City of Boynton Beach Code of Ordinances, the care of neglected lawns and exterior maintenance of structures is becoming a health and welfare issue in the City of Boynton Beach;and, WHEREAS, in order to promptly and efficiently address the issues related to the maintenance of foreclosed residential and commercial properties, the City Commission adopted Ordinance 09-040, the City's Property Registration Ordinance (the "Ordinance");and WHEREAS, pursuant to the Ordinance the City desires to enter into this Agreement with (HERA PROPERTY REGISTRY, LLC) in order to provide services authorized pursuant to Ordinance 09-040, to register vacant, abandoned, and foreclosed properties so that the City can properly address violations of the City's property maintenance codes (hereinafter"foreclosed property"). WHEREAS, (HERA PROPERTY REGISTRY,LLC)will also provide an electronic registration process that is cost-free and revenue-generating for the City. 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: 1. RESPONSIBILITIES: A. VENDOR will cite the City's Ordinance to mortgagees and proactively contact those that file a public notice of default, lis pendens, foreclosure action, and or take title to real property via foreclosure or other any legal means as outlined in Exhibit"A".Vendor will electronically provide for registration of foreclosed properties in violation of applicable City ordinances. B. VENDOR will pay for all expenses related to registration of all foreclosed property, and all administrative costs and fees related thereto.Vendor will investigate, report,or take corrective measures monthly to update property status of all foreclosed property electronically registered and in compliance with the relevant City ordinances. C. VENDOR will charge a fee of: Three Hundred ($300.00) per applicant to register all mortgagees who comply with Ordinance ("Registration Fee"). Vendor shall remit One Request for Quote No.DEV23-021R—Foreclosed,Abandoned,and Vacant Property Consultant 24 I P a e 350 Hundred and Fifty Dollars 4$150.00)of the Registration Fee to the City in consideration of the services provided. Vendor shall forward payment of the City's portion of the registration fee to the City's Finance Department no later than the 15th day of the month during the term of this Agreement. D. VENDOR agrees to provide a website for the registration of each foreclosed property in order to enable compliance with the City's ordinances. The website will direct registrants to the City's website, and further direct traffic, via a hyperlink, vendor's website found at https://propertyscape-reg.deckard.com/vfpr-fl-palm_beach- city_of_boynton_beach will automatically allow lenders and/or responsible parties to comply with the City's Codes. E. VENDOR will execute the City's website Link agreement and meet all City IT security, and anti-viral requirements. 2.Indemnification: A. VENDOR shall indemnify and save harmless and defend the City, its trustees, elected and appointed officials, agents, servants and employees from and against any claim, demand or cause of action of whatsoever kind or nature arising out of error, omission, or negligent act of Vendor, its agents,servants or employees in the performance of its obligations pursuant to this Agreement,for all costs, losses and expenses, including but not limited to,damages to persons or property,judgments, reasonable attorney's fees, paralegal expenses, and court costs at both the trial and appellate levels arising out of or in connection with the operations permitted under this Agreement. B. The parties recognize that various provisions of this Agreement, including but not necessarily limited to this Section, provide for indemnification by Vendor and requires a specific consideration be given therefore.The parties therefore agree that the sum of Ten Dollars and 00/100 ($10.00), receipt of which is hereby acknowledged, is the specific consideration for such indemnities, and the providing of such indemnities is deemed to be part of the specifications with respect to the services to be provided by Vendor. Furthermore, the parties understand and agree that the covenants and representations relating to this indemnification provision shall serve the term of this Agreement and continue in full force and effect as to the party's responsibility to indemnify. Vendor will indemnify and hold City harmless for any negligent acts of Vendor or for any violation of any intellectual property laws, contracts or statutes. 3.TERM.The initial Agreement period shall be for an initial term of two(2)years,commencing on October 17.2023 through October 16.2025.The City reserves the right to renew the agreement for an additional three (3) one-year terms subject to vendor acceptance, satisfactory performance as determined by the City, and determination by the City that renewal will be in the best interest of the City. 4.TERMINATION. This Agreement may be terminated by either Party with or without cause, immediately upon thirty (30) calendar days written notice. Upon termination by City, the Vendor shall cease all work performed hereunder and forward to City any Registration Fees owed to the City. 5.SCOPE OF SERVICES: VENDOR must cite the ordinance to the responsible person and inform that person of the requirement to register; Request for Quote No.DEV23-021 R—Foreclosed,Abandoned,and Vacant Property Consultant 25 IP a g e 351 VENDOR is required to collect all of the necessary information required to comply with the registration per City Code(Section I 0-51.5); VENDOR shall select a responsible Property Manager. VENDOR must train and provide support with the responsible person in order for the lender to electronically register the information. VENDOR must collect the registration fee on behalf of the government and pay the government agreed upon rate. VENDOR must train and provide support to the government officials on the use of the procedure to attain the necessary information. VENDOR must provide the financial accounting for the registrations in compliance with the ordinance. VENDOR must provide the records of lenders not in compliance with the ordinance. 6.INSURANCE.VENDOR shall provide and maintain in force at all times during the Agreement with the City, such insurance, including Workers' Compensation and Employer's Liability Insurance, Comprehensive General Liability Insurance, Automobile Liability Insurance and Errors and Omissions Insurance as will assure to CITY OF BOYNTON BEACH the protection contained in the foregoing indemnification undertaken by vendor. A. Workers' Compensation Statutory limits with$1,000,000 Employers Liability. B. Commercial General Liability Insurance with limits of no less than$1,000,000.00. Bodily injury shall include operations and premises liability, products and completed operations, owners,and vendors protective liability and personal injury liability. C. Business Auto Liability coverage is to include bodily injury and property damage arising out of operation, maintenance or use of any auto, including owned, non- owned and hired automobiles and employee non-ownership with limits of not less than 1,000,000.00 per occurrence. D. Errors and Omissions Insurance limits of liability provided by such policy shall be no less than $1,000,000.00 to assure City the indemnification specified herein. E. A Certificate of Insurance acceptable to the City shall be provided listing the above coverages and providing 30 days prior written notice to the City in the case of cancellation. The City shall be named as an additional insured and a certificate holder on the Commercial, General, Automobile, and Professional Liability Policies with a waiver of subrogation on the Workers' Compensation/Employer's Liability Policy. A copy of the certificate shall be emailed to the City's Risk Management Department: coi@bbfl.us at the time the Vendor executes this Agreement. 7. OWNERSHIP AND USE OF DOCUMENTS. All documents, records, applications, files and other materials produced by the VENDOR in connection with the services rendered pursuant to this Request for Quote No.DEV23-021 R—Foreclosed,Abandoned,and Vacant Property Consultant 26 I I' a r 352 Agreement shall be the property of the City, and shall be provided to City upon request. Vendor shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with vendor endeavors. In the event of termination of this Agreement, any reports, records, documents, forms, and other data and documents prepared by the vendor whether finished or unfinished shall become the property of the City, and shall be delivered by the vendor to the City Manager within seven (7) days of termination of this Agreement by either party.Any compensation due to vendor shall be withheld until all documents are received as provided herein. 8. AUDIT AND INSPECTION RIGHTS AND RETENTION OF RECORDS. A. City shall have the right to audit the books,records and accounts of the Vendor that are related to this Agreement. Vendor shall keep such book, records, and accounts as may be necessary in order to record complete and correct entries related to this Agreement. Vendor shall preserve and make available,at reasonable times for examination and audit by the City,all financial records,supporting documents,statistical records,and any other documents pertinent to his Agreement for the required retention period of the Florida Public Records Act (Chapter 119, Florida Statutes), if applicable, or, if the Florida Public Records Act is not applicable,for a minimum period of three (3)years after termination of this Agreement, unless Vendor is notified in writing by the City of the need to extend the retention period.Such retention of such records and documents shall be at Vendor expense. If an audit has been initiated and audit findings have not been resolved at the end of the retention period or three (3) years,whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. If the Florida Public Records Act is determined by the City to be applicable to Vendor records,Vendor shall comply with all requirements thereof; however, no confidentiality or non-disclosure requirement of either federal or state law shall be violated by Vendor. Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for City's disallowance and recovery of any payment upon such entry. B. In addition,Vendor shall respond to the reasonable inquiries of any successor companies and allow and successor companies to receive working papers relating to matters of continuing significance. In addition, Vendor shall provide a complete copy of all documents papers to the City, prior to any final payment, in accordance with this Agreement. 9. INDEPENDENT CONTRACTOR. This Agreement does not create an employee/employer relationship between the parties.It is the intent of the parties that the VENDOR is an independent contractor 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.Vendor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out the vendor activities and responsibilities hereunder. Vendor agrees that it is a separate and independent enterprise from the City, that it has full opportunity to find other business,that it make its own investment in its business,and that it will utilize a high level of skill necessary to perform the work.This Agreement shall not be construed as creating any joint employment relationship between Vendor, including but not limited to unpaid minimum wages and/or overtime premiums. 10. NOTICES. Whenever any party desires to give notice unto any other party, it must be given by Request for Quote No.DEV23-02I R—Foreclosed,Abandoned,and Vacant Property Consultant 27 I P a g 353 written notice,sent by registered United States mail,with return receipt requested,hand delivery or facsimile transmission with receipt of delivery, 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. Notice shall be deemed to have been given upon receipt. For the present,Vendor and the City designate the following as the respective places for giving of notice: A. All Notices to the City shall be sent to: City: City of Boynton Beach Attention: Daniel Dugger,City Manager 100 E. Ocean Avenue Boynton Beach, Florida 33435 Telephone: (561)742-6010 Copy: Weiss Serota Helfman Cole+Bierman Attention: David N.Tolces.,City Attorney 2255 Glades Road, Suite 200 E Boca Raton, FL 33431 Telephone: (561)835-2111 Vendor: Hera Property Registry, LLC 1900 S. Harbor City Blvd. Suite 211 Melbourne,FL 32901 Telephone: (321)234-5303 Email: ehornbake@heraregistry.com; cshiflett@heraregistry.com 11. ASSIGNMENT. This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered, under any circumstances, by the vendor without the prior written consent of City. For purposes of this Agreement, any change of ownership of the Vendor shall constitute an assignment which requires City approval. However,this Agreement shall run to the City and its successors and assigns. 12. AMENDMENTS. 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. 13. 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 he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 14. LAWS AND ORDINANCES.Vendor shall observe all laws and ordinances of the City, county,state, federal or other public agencies directly relating to the operations being conducted pursuant to this Agreement. 15. EQUAL EMPLOYMENT OPPORTUNITY. In the performance of this Agreement, Vendor shall not discriminate against any firm, employee or applicant for employment or any other firm or individual in providing services because of sex, age, race, color, religion, ancestry or national origin. Request for Quote No.DEV23-021 R—Foreclosed,Abandoned.and Vacant Property Consultant 28 I P a "e 354 16. WAIVER.An failure by City to require strict compliance with any provision of this Agreementement shall not be construed as a waiver of such provision, and City may subsequently require strict compliance at any time, notwithstanding any prior failure to do so. 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. 18. GOVERNING LAW.This Agreement shall be governed by the laws of the State of Florida with venue lying in Palm Beach County, Florida. 19. ATTORNEY'S FEES AND COSTS. In the event of a dispute arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees, paralegal expenses, and costs, including fees and costs incurred at all pretrial,trial and appellate levels. 20. ENTIRE AGREEMENT. This Agreement represents the entire and integrated agreement between the CITY and the VENDOR and supersedes all prior negotiations, representations or agreements, either written or oral. 21. The City is public agency subject to Chapter 119, Florida Statutes.The Vendor shall comply with Florida's Public Records Law.Specifically,the Vendor shall: A. Keep and maintain public records required by the City to perform the service; B. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and,following completion of the contract,Vendor shall destroy.all copies of such confidential and exempt records remaining in its possession once the Vendor transfers the records in its possession to the City;and D. Upon completion of the contract,Vendor shall transfer to the City, at no cost to the City, all public records in Vendor's possession All records stored electronically by Vendor must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. E. IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORI®.k, STATUTES, TO THE VENDOR'S DUTY TO P"OVIDE PU;='LIC REEC+it-S RELATING TO THIS CONTRACT, CONTACT THE CUST*®IAN OF PUBLIC RECORDS: CITY CLERK OFFICE 100 E. OCE A,N AVENUE Request for Quote No.DEV23-021 R—Foreclosed,Abandoned,and Vacant Property Consultant 291 P n:g e 355 BOYNTON BEACH, FLORIDA, 33435 561-742-6060 CifyClerk@bbfl.us 22. 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. 23. E-VERIFY.CONTRACTOR certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statutes, as may be amended from time to time and briefly described herein below. 1. Definitions for this Section: A. "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for a salary, wages, or other remuneration. Contractor"includes, but is not limited to,a vendor or consultant. B. "Subcontractor" means a person or entity that provides labor,supplies,or services to or for a contractor or another subcontractor in exchange for a salary, wages, or other remuneration. C. "E-Verify System" means an Internet-based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 2. Registration Requirement; Termination: Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors, shall register with and use the E-Verify System in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of: A. All persons employed by a Contractor to perform employment duties within Florida during the term of the contract;and B. All persons (including sub-vendors/sub-consultants/sub-contractors)assigned by Contractor to perform work pursuant to the contract with the City of Boynton Request for Quote No.DEV23-021 R—Foreclosed,Abandoned,and Vacant Property Consultant 301 f' n e 356 Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E-Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach;and C. The Vendor shall comply with the provisions of Section 448.095, Fla. Stat., Employment Eligibility," as amended from time to time.This includes, but is not limited to registration and utilization of the E-Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute,the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than twenty (20) calendar days after the date of termination. Termination of this Contract under this Section is not a breach of contract and may not be considered as such. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of one(1)year after the date of termination. 24. 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. 25. 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. 26. INDEPENDENT CONTRACTOR/VENDOR. The Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that Vendor is an independent vendor pursuant to the Agreement and shall not be considered the City's employee for any purpose. 27. 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, local laws,rules and regulations,including Section 501.171,Florida Statutes. Non-compliance may constitute a material breach of the Agreement. Signature Page to follow Request for Quote No.DEV23-021 R—Foreclosed,Abandoned,and Vacant Property Consultant 31 IP a g r 357 I This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties.A facsimile signature shall constitute an original signature for all purposes." IN WITNESS WHEREOF,the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. IN WITNESS WHEREOF,the parties hereto have executed this Contract in multiple copies,each of which shall be considered— an original on the following dates: DATED this ) 1 day of O .k e.r 2023. CITY OF BOYNTON BEACH,FLORIDA HERA PROPERTY REGISTRY, LLC Mil III Daniel Dugg kC,City anag ice_ Si e),Company o•• Print Name of Authorized Official CEe Title Approved as to Form: STATE OF FLORIDA COUNTY OF BREVARD The foregoing instrument was executed and acknowledged before me this 26th day of Sept., David N.Tolces,City Attorney 2023,by Clifford J. JohnLn,as CEQ Property Registry, LLC, (yoYscal'Peoefl'Henecrae and who is personally known to me. Attest/Authentica ed: Attested Authenticated: Signature),Vilkuwess t.ma till 51cbc) , l Maylee D: Jes..,City Clerk NoPai91INthkne, State of Florida Eileen Shaffer Hornbake My Commission Expires January 29,2027 y eoVORgp•• F (EILEENSAFFERMORNBKEotary Public-State of Florida U SEAL • _,Commissin itNN 95552 an., rry Camm.Expires Jan 2!,T027. INCORPORATED; j Sanded through National Notary Assn. pit 1920 •: Request for Quote No.DEV23-021 R—Foreclosed,Abandoned,and Vacant Property Consultant 32 I P a ;e 358 City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts,leases,and agreements,the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as Certificate Holder"and"The City of Boynton Beach is Additional Insured as respect to coverages noted."Insurance companies providing insurance coverages must have a current rating by A.M.Best Co.of`B+"or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor) The following is a list of types of insurance required of contractors,lessees,etc.,and the limits required by the City: (NOTE: This list is not all inclusive,and the City reserves the right to require additional types of insurance,or to raise or lower the stated limits,based upon identified risk.) TYPE(Occurrence Based Only) MINIMUM LIMITS REQUIRED e AggregateLiabilityGeneralAggegate 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. 1,000,000.00 Owners&Contractor's Protective(OCP) Personal&Adv.Injury 1,000,000.00 Asbestos Abatement Each Occurrence 1,000,000.00 Lead Abatement Fire Damage(any one fire)50,000.00 Broad Form Vendors Med. Expense(any one person) $ 5,000.00 Premises Operations Underground Explosion&Collapse Products Completed Operations Contractual Independent Contractors Fire Legal Liability Professional Liability Aggregate-$1,000,000.00 Automobile Liability Combined Single Limit 1,000,000.00 Any Auto All Owned Autos Hired Autos Non-Owned Autos Excess Liability Each Occurrence to he determined Umbrella Form Aggregate to be determined Worker's Compensation Statutory Limits Employer's Liability Each Accident 1,000,000.00 Disease,Policy Limit 1,000,000.00 Disease Each Employee 1,000,000.00 Property: Homeowners Revocable Permit 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 1NSURANCEADVISORYFORM Revised 04/2021 Request for Quote No.DEV23-02I R—Foreclosed,Abandoned,and Vacant Property Consultant 33 11'a g e 359 G tv O*. AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF BOYNTON J1-„, BEACH AND_HERA PROPERTY REGISTRY, LLC FOR REGISTRATION AND MONITORING SERVICES FOR THE ADMINISTRATOR OF RECORD FOR ABANDONED, FORECLOSED,VACANT PROPERTIES WITHIN THE CITY This first Amendment("Amendment")is entered into by and between the City of Boynton Beach, a Florida municipal corporation ("City"), and HERA Property Registry, LLC, a corporation registered to transact business in the State of Florida ("Vendor") (collectively referred to as the Parties"). RECITALS A. On October 17, 2023, the Parties entered into Single Source Agreement No. DEV23-056R (the "Agreement") for Administrator of Record for Abandoned, Foreclosed, Vacant Properties within the City. B. The Parties desire to amend the Agreement to renew the Agreement for a (1)one- year term. Now, therefore, in consideration of the mutual terms and conditions, promises, covenants, and payments hereinafter set forth, City and Vendor agree as follows: 1. The above Recitals are true and correct and are incorporated herein by reference. All capitalized terms not expressly defined within this Amendment shall retain the meaning ascribed to such terms in the Agreement. 2. Except as modified herein, all remaining terms and conditions of the Agreement shall remain in full force and effect. 3. The Agreement is hereby amended as follows: Master Agreement,Article 4—Term,allows the agreement to be renewed for an additional three (3) one-year terms subject to vendor acceptance, satisfactory performance as determined by the City, and determination by the City that renewal will be in the best interest of the City. Term Extension. The Parties hereby exercise the first one-year renewal option. The Agreement is therefore renewed from October 17, 2025, through October 16, 2026. 4. In the event of any conflict or ambiguity between this Amendment and the Agreement, the Parties agree that this Amendment shall control. The Agreement, as amended herein by this Amendment, incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein, and the Parties agree that there are no commitments, agreements, or understandings concerning the subject 1st Amendment to Contract No.DEV23-056R Page 1 of 4 360 matter hereof that are not included in the Agreement as amended in this Amendment. Accordingly, the Parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. 5. Vendor acknowledges that through the date this Amendment is executed by Vendor, Vendor has no claims or disputes against City concerning any of the matters covered by the Agreement. 6. The following new sections are added to the Agreement as follows: a) Discriminatory Vendor and Scrutinized Companies List; Countries of Concern. Vendor represents that it has not been placed on the "discriminatory vendor list" as provided in Section 287.134, Florida Statutes, and that it is not a "scrutinized company" pursuant to Sections 215.473 or 215.4725, Florida Statutes. Vendor represents and certifies that it is not, and for the duration of the term of the Agreement, will not be ineligible to contract with City on any of the grounds stated in Section 287.135, Florida Statutes. Vendor represents that it is, and for the duration of the term of the Agreement will remain, in compliance with Section 286.101, Florida Statutes. b) Public Entity Crime Act.Vendor 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. Vendor 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 Vendor has been placed on the convicted vendor list. c) Verification of Employment Eligibility. Vendor represents that Vendor and each subcontractor have registered with and use the E-Verify system maintained by the United States Department of Homeland Security to verify the work authorization status of all newly hired employees in compliance with the requirements of Section 448.095, Florida Statutes, and that entry into this Agreement will not violate that statute. If Vendor violates this section, City may immediately terminate this Agreement for cause, and Vendor shall be liable for all costs incurred by City due to the termination. d) Prohibited Telecommunications Equipment. Vendor represents and certifies that Vendor and all subcontractors do not use any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, as such terms are used in 48 CFR §§ 52.204-24 through 52.204-26. Vendor represents and certifies that Vendor and all subcontractors shall not provide or use such covered telecommunications equipment, system, or services during the duration of the term of the Agreement. e) Entities of Foreign Concern. The provisions of this section apply only if Vendor or 1S`Amendment to Contract No. DEV23-056R Page 2 of 4 361 any subcontractor will have access to an individual's personal identifying information under this Agreement. Vendor represents and certifies: (i) Vendor is not owned by the government of a foreign country of concern; (ii) the government of a foreign country of concern does not have a controlling interest in Vendor; and (iii) Vendor is not organized under the laws of and does not have its principal place of business in, a foreign country of concern. On or before the effective date of this Amendment, Vendor and any subcontractor that will have access to personal identifying information shall submit to City executed affidavit(s) under penalty of perjury, in a form approved by City attesting that the entity does not meet any of the criteria in Section 287.138(2), Florida Statutes. Compliance with the requirements of this section is included in the requirements of a proper invoice for payment purposes. Terms used in this section that are not otherwise defined in this Agreement shall have the meanings ascribed to such terms in Section 287.138, Florida Statutes. f) Sovereign Immunity. Except to the extent sovereign immunity may be deemed waived by entering into this Agreement, nothing herein is intended to serve as a waiver of sovereign immunity by City, nor shall anything included herein be construed as consent by City to be sued by third parties in any matter arising out of this Agreement. g) Anti-Human Trafficking. On or before the Effective Date of this Amendment, Vendor shall provide City with an affidavit attesting that the Vendor does not use coercion for labor or services, in accordance with Section 787.06(13), Florida Statutes. h) 7. The effective date of this Amendment shall be the date of complete execution by the Parties. 8. This Amendment may be executed in multiple originals and may be executed in counterparts, whether signed physically or electronically, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. The remainder of this page is blank.) 15`Amendment to Contract No. DEV23-056R Page 3 of 4 362 CITY CITY OF NTON B CH By Rebecca Shelton, City Mayor IS" day of 3u1i 2023- City Clerk CITY ATTORNEY'S OFFICE Approved as to form and legality By: 1\j‘i' VENDOR By Authorized Signer Clifford J.Johnson, CEO Print Name and Title 18th day of June, 2025 1s`Amendment to Contract No.DEV23-056R Page 4 of 4 363 FL Boynton Beach 1st Amendment Extension to 20251026 Final Audit Report 2025-06-18 Created: 2025-06-18 By. Eileen Hornbake(ehornbake@breakpointlaw.org) Status: Signed Transaction ID: CBJCHBCAABAAsOC-zEsXXT8xPFEVtv1VEMQJSvaXGRDg FL Boynton Beach 1st Amendment Extension to 20251026" His tory Document created by Eileen Hornbake(ehornbake@breakpointlaw.org) 2025-06-18-3:29:55 PM GMT Document emailed to Clifford J. Johnson (cjohnson@heraregistry.com)for signature 2025-06-18-3:29.58 PM GMT Email viewed by Clifford J. Johnson (cjohnson@heraregistry.com) 2025-06-18-3:31.16 PM GMT GS© Document e-signed by Clifford J. Johnson (cjohnson@heraregistry.com) Signature Date:2025-06-18-3:31:36 PM GMT-Time Source:server el Agreement completed. 2025-06-18-3:31:36 PM GMT Adobe Acrobat Sign 364 City of Boynton Beach Agenda Item Request Form 7.C Consent Bids and Purchases 11/ 4/2025 Meeting Date: 11/ 4/2025 Proposed Resolution No. R25-289- Approving a Piggyback Agreement between the City and the BG Group, LLC in the amount of $575,000 plus a 10% contingency of $57,500, totaling $632,500 for the demolition and removal of the Boynton Inn located at 480 Boynton Beach Boulevard. Requested Action: Staff recommends approval of Proposed Resolution No. R25-289. Explanation of Request: As the Commission may recall, on September 18, 2025, the City Commission accepted and adopted Exhibit A to the Interlocal Agreement (ILA) between the City of Boynton Beach and the Community Redevelopment Agency (CRA). During the FY25– 26 budget development process, City and CRA staff collaborated to update the joint project list, which was subsequently reviewed and approved by the CRA Board at its meeting on September 9, 2025. Among the approved projects was the Inn at Boynton Demolition, for which the CRA committed $500,000 toward the demolition work. Because time was of the essence, the Public Works Department, in coordination with the Procurement Division, promptly mobilized to identify an existing contract that the City could piggyback to expedite the start of the project. Staff identified RFP 25-093 – Demolition Services, issued by The School Board of Broward County, which meets the City’s Procurement Policy exemption for cooperative and piggyback contracts. Piggyback contracts provide a cost-effective and efficient means of procuring goods and services by leveraging competitively awarded agreements established by other governmental entities. This approach enables the City to avoid the time-consuming and costly process of issuing a separate solicitation, while benefiting from economies of scale, pre-vetted vendors, and favorable pricing. The Procurement Division has reviewed and verified all pricing to ensure full compliance with the City’s procurement requirements. Staff recommends Commission approval authorizing the Mayor to execute a piggyback agreement with The BG Group, LLC for $575,000 plus a 10% contingency of $57,500, totaling $632,500, and to proceed with the demolition of the Inn at Boynton. This demolition will mitigate liability concerns, ensure compliance with safety regulations, and support future redevelopment opportunities consistent with the City’s community improvement goals. How will this affect city programs or services? The demolition of the Inn at Boynton will have a positive impact on City programs and services by improving public safety, aesthetics, and redevelopment readiness within the CRA district. Removing this long-vacant and 365 deteriorating structure will eliminate potential hazards, reduce maintenance and code enforcement demands, and enhance the surrounding area’s appearance. In turn, this supports the City’s broader community development and economic revitalization initiatives by creating a safer and more attractive environment for future investment and redevelopment opportunities. Budgeted Item: Yes Account Line Item and Description: Funding for this project is allocated in account number 302-4199-580.49-17 Fiscal Impact: The Community Redevelopment Agency (CRA) has allocated $500,000 toward the demolition of the Inn at Boynton as part of the approved FY25–26 CRA Project List under the Interlocal Agreement with the City. This City will need to fund the remainder of the cost and seek reimbursement from the CRA for any cost over the allocated budget. The CRA will present an amendment to increase the budget for this project to $575K at the next available CRA meeting. Attachments: R25-289 Agenda_Item_3864-2025_Resolution_for_Piggyback_Agreement_- _The_BG_Group_LLC (1).docx 26-003PB - Vendor Signed Agreement.pdf Exhibit A - PB Backup.pdf Exhibit B - 25-331 The Inn Hotel - 480 W Boynton Beach Blvd, Boynton Beach, FL 33435 KS - BG PROPOSAL STRUCTURAL if2.pdf CRA - FY25-26_Exhibit_A_Approved September 9, 2025 COI - 25-26 The BG Group LLC - COBB 366 RESOLUTION NO. R25-289 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, APPROVING A PIGGYBACK AGREEMENT WITH THE 2 BG GROUP, LLC, FOR THE DEMOLITION AND REMOVAL OF THE 3 BOYNTON INN LOCATED AT 480 BOYNTON BEACH BOULEVARD, FOR 4 AN AMOUNT NOT TO EXCEED $632,500.00 ANNUALLY; AND FOR ALL 5 OTHER PURPOSES. 6 7 WHEREAS, the City requires demolition services to demolish and remove the Boynton Inn 8 located at 480 Boynton Beach Boulevard; and 9 WHEREAS, the School Board of Broward County, Florida, issued a Request for Proposals 10 (“RFP”), under RFP25-093, for Demolition Services; and 11 WHEREAS, the School Board of Broward County, Florida, found The BG Group, LLC 12 (“Vendor”) to be a responsive, responsible proposer, and awarded it a three-year contract 13 commencing on February 19, 2025, and terminating on February 18, 2028; and 14 WHEREAS, the City’s public works department is requesting the City enter into a 15 Piggyback Agreement with the Vendor to provide equipment, products, or services; and 16 WHEREAS, the requested Piggyback Agreement with the Vendor is necessary for the 17 Vendor to provide demolition services to the City; and 18 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 19 best interests of the City's citizens and residents to approve the Piggyback Agreement with the 20 Vendor for demolition services for an amount not to exceed $632,500.00 annually. 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 Piggyback Agreement between Vendor and the City for demolition services for an 27 amount not to exceed $632,500.00 annually (the “Piggyback Agreement”), in form and substance 28 similar to that attached as Exhibit A. 29 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 30 authorizes the Mayor to execute the Piggyback Agreement. The Mayor is further authorized to 31 367 RESOLUTION NO. R25-289 execute any ancillary documents required under the Piggyback Agreement or necessary to 32 accomplish the purposes of this Resolution. 33 SECTION 4. The City Clerk shall retain the fully executed Piggyback Agreement as a 34 public record of the City. A copy of the fully executed Piggyback Agreement shall be provided to 35 Taralyn Pratt to forward to the Vendor. 36 SECTION 5. This Resolution shall take effect in accordance with the law. 37 38 [SIGNATURES ON THE FOLLOWING PAGE] 39 368 RESOLUTION NO. R25-289 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 65 369 370 371 372 373 374 375 376 377 378 379 March 5, 2025 Ivy Fradin Email: ivy@bgdemolition.com The BG Group LLC Phone: 561-998-7997 751 Park of Commerce dr. #138 Boca Raton, FL 33487 Subject: Letter of Award and Request for Certificate Insurance RFP #: RFP25-093 RFP Title: Demolition Services Contract Term: 2/19/2025 through 2/18/2028 Dear Ms. Fradin: The School Board of Broward County, Florida has accepted and awarded the above-referenced RFP at the February 19, 2025 Board Meeting. This is to advise that the Cone of Silence has been lifted on the RFP and your company can contact the user department about services rendered under this contract. To issue a Purchase Order, your firm must be a registered vendor. Use t he link below to register and/or update your registration: https://schoolboardofbrowardcounty.sourcing.ariba.com/ad/selfRegistration Proof of insurance must be submitted to the insurance tracking system within fifteen (15) days of this notification. You will receive a system-generated email within three (3) business days of this letter with insurance requirements and a unique link to upload your certificate of insurance (located at the bottom of the email as a blue box labeled Upload COI). YOU MUST RECEIVE A NOTICE OF COMPLIANCE. All employees (including subcontractors and agents) who will be entering onto SBBC property must be fingerprinted and wear a SBBC issued photo identification badge at all times while on SBBC property. Part of the registration requires a PIN Number. Vendor must send an email direct to: fieldprint@browardschools.com to request a PIN Number WITH a copy of this award letter attached to the email. Information about the process can be found at this link: https://www.browardschools.com/Page/40551 If you have questions pertaining to identification badges, please contact the Security Clearance Department at (754) 321-2374. Please note, an identification badge will not be issued and no work can commence until insurance form(s) are approved, and a written purchase order is released. Any service provided or merchandise delivered prior to the receipt of the Purchase Order (PO) is at the full risk of the Awardee. SBBC is not responsible for the payment of any service or merchandise before issuing the corresponding PO. Sincerely, Edgar Lugo Edgar Lugo Manager, Construction Sourcing ATTACHMENT: Insurance requirements pages from Agreement Mauricio R. Stradiotti Director, Procurement & Warehousing Services 7720 W. Oakland Park Boulevard Sunrise, Florida 33351 phone: 754-321-0501 • fax: 754-321-0936 mauricio.stradiotti@browardschools.com www.browardschools.com/PWS The School Board of Broward County, Florida Debra Hixon, Chair Sarah Leonardi, Vice Chair Lori Alhadeff Maura McCarthy Bulman Brenda Fam, Esq. Dr. Jeff Holness Nora Rupert Rebecca Thompson Dr. Allen Zeman Dr. Howard Hepburn Superintendent of Schools 380 MINIMUM INSURANCE REQUIREMENTS Insurance Requirements. Vendor shall comply with the following insurance requirements throughout the term of this Agreement: a. General Liability. Vendor shall maintain General Liability insurance during the term of this Agreement with limits not less than $1,000,000 per occurrence for Bodily Injury/ Property Damage; $1,000,000 General Aggregate; and limits not less than $1,000,000 for Products/Completed Operations Aggregate. b. Workers’ Compensation. In accordance with Chapter 440, Florida Statutes, Vendor shall have and maintain Workers’ Compensation insurance and Employer’s Liability limits of not less than $100,000/$100,000/$500,000 (each accident/disease-each employee/disease- policy limit). c. Auto Liability. Vendor shall have and maintain Owned, Non-Owned and Hired Auto Liability insurance with Bodily Injury and Property Damage with limits of not less than $1,000,000 Combined Single Limit. If Vendor does not own any vehicles, it shall have and maintain hired and non-owned automobile liability coverage in the amount of $1,000,000. In addition, an affidavit signed by Vendor must be furnished to SBBC stating the following: VENDOR does not own any vehicles. If VENDOR acquires any vehicles during the term of the Agreement, VENDOR agrees to provide of proof of “Any Auto” coverage effective as of the date of vehicle acquisition.” d. Acceptability of Insurance Carriers. The insurance policies required under this Agreement shall be issued by companies qualified to do business in the State of Florida and having a rating of at least A- VI by AM Best or Aa3 by Moody’s Investor Service. e. Verification of Coverage. Proof of insurance must be submitted to the insurance tracking system within fifteen (15) days of this notification. You will receive a system-generated email within three (3) business days of this letter with insurance requirements and a unique link to upload your certificate of insurance (located at the bottom of the email as a blue box labeled Upload COI). YOU MUST RECEIVE A NOTICE OF COMPLIANCE. • New vendors will receive an email notification requesting account verification and insurance agent information. • Existing vendors will receive an email notification of the current status. f. Required Conditions. Liability policies must include the following terms on the Certificate of Insurance: 1. The School Board of Broward County, Florida, its members, officers, employees and agents are added as additional insured. 2. All liability policies are primary of all other valid and collectible coverage maintained by The School Board of Broward County, Florida. 3. Certificate Holder: The School Board of Broward County, Risk MaFlorida. 600 SE 3rd Avenue, Fort Lauderdale, Florda 33301 g Cancellation of Insurance. Vendor is prohibited from providing services under this Agreement with SBBC without first obtaining the minimum required insurance coverage and must notify SBBC within two (2) business days if required insurance is canceled. h. SBBC reserves the right to review, reject or accept any required policies of insurance, including limits, coverage or endorsements, herein throughout the term of this Agreement. NOTE: EXIGIS IS NO LONGER HANDLING THE CERTIFICATE OF INSURANCE. . 381 THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA 7720 WEST OAKLAND PARK BOULEVARD, SUITE 323, SUNRISE, FLORIDA 33351 · TEL 754-321-0505 · FAX 754-321-0936 PROCUREMENT & WAREHOUSING SERVICES www.BrowardSchools.com The School Board of Broward County, Florida Debra Hixon, Chair Sarah Leonardi, Vice Chair Lori Alhadeff Brenda Fam, Esq. Dr. Jeff Holness Maura McCarthy Bulman Nora Rupert Rebecca Thompson Dr. Allen Zeman Dr. Howard Hepburn Superintendent of Schools November 20, 2024 Dear Prospective Proposers, SUBJECT: Instructions to Proposers Request for Proposals (RFP): RFP25-093- Demolition Services The School Board of Broward County, Florida (SBBC) is interested in receiving proposals in response to the RFP for Demolition Services. Any questions regarding this RFP should be addressed to Mark H. Cohen, in writing via e-mail at Mark.cohen2@browardschools.com. Once this solicitation is released to the General Public, the Cone of Silence (See General Condition 7.45) shall take effect. Any proposer or lobbyist for a proposer is prohibited from having any communications concerning any solicitation for a competitive procurement with any School Board member, the Superintendent, any Evaluation Committ ee Member, or any other School District employee after Procurement & Warehousing Services releases a solicitation to the General Public. All communications must go through the Purchasing Agent. No other School Board or staff member(s) should be contacted in relation to this RFP. Any information that amends any portion of this RFP, which is received by any method other than an Addendum issued to the RFP, is not binding on SBBC. In order to ensure that your bid is in full compliance with all requirements of the RFP, carefully read all portions of the RFP document, paying particular attention to the following areas: SUPPLIER DIVERSITY OUTREACH PROGRAM (SDOP) PARTICIPATION (See Section 4.3.4 & Attachment A) SBBC has implemented an Emerging/Small/Veteran/Minority and Women-Owned Business Enterprise (E/S/M/V/WBE) Program as part of the SBBC's competitive solicitation and contracting activity in accordance with School Board Policy 3330 Supplier Diversity Outreach Progr am. The purpose of the program is to remedy the ongoing effects of identified marketplace discrimination that the School Board has found to adversely affect the participation of Emerging/Small/Veteran/Minority and Women-Owned Business Enterprise (E/S/M/V/WBE) in School Board contracts. M/WBE vendors utilized for this contract must be certified by SBBC’s Supplier Diversity Outreach Program Office before submission of the bid proposal. For information on E/S/M/V/WBE Certification or Policy 3330, contact SBBC’s Supplier Diversity Outreach Program at 754-321-0550 or visit https://www.browardschools.com/Page/58686 • NON-MANDATORY PROPOSER’S CONFERENCE A Proposers' Conference will be held on (SEE SECTION 2.0 – CALENDAR) beginning at 9:00 a.m. Representatives from all interested companies are encouraged to attend. (See Section 3.3) • REQUIRED RESPONSE FORM Section 1.0 Required Response Form must be completed in full and executed by an authorized representative. • PROPOSAL SUBMITTAL FORMAT Proposers are requested to organize their proposals in accordance with Section 4.0. SBBC reserves the right to reject and not consider any proposal that is not organized and does not contain all the information outlined in Section 4. • DUE DATE Proposals are due electronically (e-bidding through DemandStar) on the date and time stated in Section 2.0 - Calendar. In order to have your proposal considered, it must be electronically submitted and received on or before the date and time due. Proposals received after 2:00 p.m. ET on the date due will not be considered; late bids will not be accepted. • STATEMENT OF “NO RESPONSE” If you are not submitting a proposal in response to this RFP, please complete Section 9.0 - Statement of “No Response” and return it via email to Mark.cohen2@browardschools.com. Your response to the Statement of “No Response” is very important to Procurement & Warehousing Services when creating future RFPs. Thank you for your interest in SBBC. Again, if you have any questions, please email me at the email address stated above. Mark H. Cohen Purchasing Agent III 382 PROPOSER’S SUBMITTAL CHECKLIST Use the following table to verify that your proposal (vendor’s response to this RFP) includes all items and is completed as instructed. Item # Proposal Response Item Located on RFP Page # Completed? Located in Proposal on Page # 1 Section 1.0 – Required Response Form - Response Required 5 2 Section 4.2 – Minimum Eligibility – Response Required for Section 4.2.1, 4.2.2, 4.2.3, 4.2.4, 4.2.5, 4.2.6 and 4.2.7 11 3 Section 4.3 – Proposer’s Experience & Qualification/ Scope of Services 11, 12 4 Attachment A – SDOP Forms - Response Required if applicable 27 5 Attachment C – Conflict of Interest Form – Response Required 34 6 Attachment D – Debarment Form – Response Required 35 8 Attachment E – References – Response Required 37 11 Attachment F – Cost of Services - Response Required 38 12 Attachment G – Workers’ Compensation Affidavit Form - Response Required if applicable 39 13 Attachment H – Affidavit/Use of Coercion for Labor and Services – Response Required 42 14 Attachment I – Drug-Free Workplace Form – Response Required 43 15 Attachment J – W-9 Form – Preferred with bid or upon request 56 383 REQUEST FOR PROPOSALS (RFP) RFP25-093 Demolition Services RFP Release Date: SEE SECTION 2.0 - CALENDAR Non-Mandatory Proposer’s Conference: SEE SECTION 2.0 - CALENDAR Section 3.3 Written Questions Due: On or Before 5:00 p.m. ET SEE SECTION 2.0 - CALENDAR in Procurement & Warehousing Services Department Proposals Due: * DUE DATE Proposals are due electronically (e-bidding Through DemandStar) on the date and time stated in Section 2.0 – Calendar. In order to have your proposal considered, it must be electronically submitted and received on or before the date and time due. Proposals received after 2:00 p.m. ET on the date due will not be considered; late bids will not be accepted. SEE SECTION 2.0 - CALENDAR THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA Procurement & Warehousing Services Department 7720 W. Oakland Park Boulevard, Suite 323 Sunrise, Florida 33351-6704 *These are public meetings. The School Board of Broward County, Florida, prohibits any policy or procedure that results in discrimination on the basis of age, color, disability, gender identity, gender expression, national origin, marital status, race, religion, sex, or sexual orientation. Individuals who wish to file a discrimination and/or harassment complaint may call the Director of EEO/ADA Compliance at 754 -321-2150 or Teletype Machine (TTY) at 754-321-2158. Individuals with disabilities requesting accommodations under the Americans with Disabilities Act (ADA) may call EEO/ADA Comp liance at 754- 321-2150 or Teletype Machine (TTY) at 754-321-2158 384 RFP25-093: Demolition Services RFP No. RFP25-093 The School Board of Broward County, Florida Page 4 of 57 Broward County Public Schools Is An Equal Opportunity/Equal Access Employer TABLE OF CONTENTS PROPOSER’S SUBMITTAL CHECKLIST .................................................................................................................................... 2 TABLE OF CONTENTS .................................................................................................................................................................. 4 REQUEST FOR PROPOSAL ........................................................................................................................................................... 5 SECTION 1.0 – REQUIRED RESPONSE FORM ........................................................................................................................... 5 SECTION 2.0 – CALENDAR .......................................................................................................................................................... 6 SECTION 3.0 – INTRODUCTION AND GENERAL INFORMATION ........................................................................................ 7 SECTION 4.0 – INFORMATION TO BE INCLUDED IN THE SUBMITTED PROPOSAL ..................................................... 10 SECTION 5.0 – EVALUATION OF PROPOSALS ...................................................................................................................... 14 SECTION 6.0 – SPECIAL CONDITIONS .................................................................................................................................... 17 SECTION 7.0 – GENERAL CONDITIONS .................................................................................................................................. 20 SECTION 8.0 – FORMS AND ATTACHMENTS ........................................................................................................................ 26 ATTACHMENT A – ECONOMIC DEVELOPMENT & DIVERSITY COMPLIANCE (EDDC) FORMS .............................................................. 27 ATTACHMENT B – SCOPE OF SERVICES ................................................................................................................................................... 28 ATTACHMENT B – SCOPE OF SERVICES (Continued) ............................................................................................................................... 29 ATTACHMENT B – SCOPE OF SERVICES (Continued) ............................................................................................................................... 30 ATTACHMENT B – SCOPE OF SERVICES (Continued) ............................................................................................................................... 31 ATTACHMENT B – SCOPE OF SERVICES (Continued) ............................................................................................................................... 32 ATTACHMENT B – SCOPE OF SERVICES (Continued) ............................................................................................................................... 33 ATTACHMENT C – CONFLICT OF INTEREST .............................................................................................................................................. 34 ATTACHMENT D – DEBARMENT ................................................................................................................................................................... 35 ATTACHMENT E – REFERENCES ................................................................................................................................................................. 37 ATTACHMENT F – COST OF SERVICES ...................................................................................................................................................... 38 ATTACHMENT G – WORKERS’ COMPENSATION AFFIDAVIT .................................................................................................................... 39 ATTACHMENT H - AFFIDAVIT REGARDING THE USE OF COERCION FOR LABOR AND SERVICES .................................................... 40 ATTACHMENT I – DRUG FREE WORKPLACE .............................................................................................................................................. 41 ATTACHMENT J – W-9 FORM ........................................................................................................................................................................ 42 ATTACHMENT K – SBBC SAMPLE AGREEMENT ........................................................................................................................................ 43 ATTACHMENT L – DEMANDSTAR REGISTRATION INSTRUCTIONS ......................................................................................................... 56 SECTION 9.0 – STATEMENT OF “NO RESPONSE ................................................................................................................... 57 385 RFP25-093: Demolition Services RFP No. RFP25-093 The School Board of Broward County, Florida Page 5 of 57 Pages Broward County Public Schools Is An Equal Opportunity/Equal Access Employer The School Board of Broward County, Florida PROCUREMENT & WAREHOUSING SERVICES 7720 West Oakland Park Boulevard, Suite 323 Sunrise, Florida 33351-6704 754-321-0505 REQUEST FOR PROPOSAL (RFP) DUE DATE: This proposal must be submitted electronically via DemandStar on or before 2:00 p.m. Eastern Time (ET): 12/18/2024 and plainly marked with the RFP number and title. Proposal(s) submitted electronically or received after the date and time stated above will not be considered for award. Faxed, hard copies, and/or emailed bids are not allowed and will not be considered for award. RFP NO.: RFP25-093 RELEASE DATE: 11/20/2024 PURCHASING AGENT: Mark H. Cohen Mark.cohen2@browardschools.com RFP TITLE: DEMOLITION SERVICES SECTION 1.0 – REQUIRED RESPONSE FORM MUST BE COMPLETED BY ALL PROPOSERS NOTE: Entries must be completed in ink or typewritten. This original Required Response Form must be fully executed and submitted with this proposal. Proposer’s (Company) Name: “REMIT TO” ADDRESS FOR PAYMENT: If payment(s) is/are to be mailed to an address other than as stated on the left, please complete the section below. “Doing Business As” if applicable: Check this box if the address is the same as stated on the left. Address: Address: City: City: State: Zip: State: Zip: Telephone Number: Proposer’s Taxpayer Identification Number: Contact Person: Contact Telephone Number: Contact Person’s E-Mail Address: Proposal Certification I hereby certify that I am submitting the following information as my firm's (Proposer) proposal and am authorized by Proposer to do so. Proposer has not divulged, discussed, or compared the proposal with other Proposers and has not colluded with any other Proposer or party to any other proposal; Proposer, its principals, or their lobbyists has not offered campaign contributions to School Board Members or offer ed contributions to School Board Members for campaigns of other candidates for political office during the period in which the Proposer is attempting to sell goods or services to the School Board. This period of limitation of offering campaign contributions shall commence at the time of the “cone of silence” period for any solicitation for a competitive procurement as described by School Board Policy 3800, Part VIII, as well as School Board Policy 1007, Section 5.4 – Campaign Contribution Fundraising. Proposer acknowledges that all information contained herein is part of the public record as defined by the State of Florida Sunshine and Public Records Laws; all responses, data, and information contained in this proposal are true and accurate. Proposer agrees to complete an unconditional acceptance of the contents of all pages in this Request for Proposals (RFP) and all appendices and the contents of any Addenda released hereto; Proposer agrees to be bound to any and all specifications, terms, and conditions contained in the Request for Proposals, and any released Addenda and understand that the following are requirements of this RFP and failure to comply will result in disqualification of the proposal submitted. _________________________________________________ _____________________________________________ Electronic or Handwritten Signature of Proposer’s Authorized Representative Date _________________________________________________ ________________________________________________ Name of Proposer’s Authorized Representative Title of Proposer’s Authorized Representative Please use blue ink for handwritten signatures on original copies. THIS FORM MUST HAVE AN ELECTRONIC OR HANDWRITTEN SIGNATURE IN ORDER TO BE CONSIDERED FOR AWARD. FAILURE TO SIGN THIS FORM SHALL RESULT IN DISQUALIFICATION OF THE ENTIRE PROPOSAL. 386 RFP25-093: Demolition Services RFP No. RFP25-093 The School Board of Broward County, Florida Page 6 of 57 Pages Broward County Public Schools Is An Equal Opportunity/Equal Access Employer SECTION 2.0 – CALENDAR November 20, 2024 Release of RFP25-093- Demolition Services December 4, 2024 *Non-Mandatory Proposer’s Conference (See Section 3.3) Procurement & Warehousing Services Department. The conference will be at 9:00 am at: 7720 West Oakland Park Blvd., Suite 323, Sunrise, Florida 33351-6704 Virtual Proposer’s Conference is also available at: VIRTUAL MEETING Join the meeting now Meeting ID: 236 436 778 218 Passcode: CBEk5z Dial in by phone +1 754-216-1864,,787759666# United States, Fort Lauderdale Find a local number Phone conference ID: 787 759 666# December 11, 2024 Written questions due on or before 5:00 p.m. ET in Procurement & Warehousing Services Department December 18, 2024 * Proposals are due electronically (e-bidding through DemandStar) on the date and time stated in Section 2.0 – Calendar. In order to have your proposal considered, it must be electronically submitted and received on or before the date and time due. Proposals Received after 2:00 p.m. ET on the date due will not be considered; late bids will not be accepted. NOTE: SBBC is no longer accepting submittal of proposals in hard copy format. All proposals must be submitted electronically via DemandStar Proposal Opening will be at: 7720 West Oakland Park Blvd., Suite 323 Sunrise, Florida 33352-6704 January 8, 2025 *Evaluation Committee reviews proposals, negotiates and makes recommendations for awards. Meeting to be held at: IN PERSON Procurement & Warehousing Services Department 7720 West Oakland Park Boulevard, Suite 323 Sunrise, Florida 33351-6704 at 9:00 a.m. ET Any questions asked by Committee Members to a specific Proposer about their proposal and negotiation(s) are closed-door session(s) and are not open to the public per Section 286.0113(2), Florida Statutes. January 9, 2025 Posting of Recommendation @ 3:00 PM on DemandStar * These are public meetings. The School Board of Broward County, Florida, prohibits any policy or procedure that results in discrimination on the basis of age, color, disability, gender identity, gender expression, national origin, marital status, race, religion, sex, or sexual orientation. Individuals who wish to file a discrimination and/or harassment complaint may call the Director of EEO/ADA Compliance at 754-321-2150 or Teletype Machine (TTY) at 754-321-2158. *Individuals with disabilities requesting accommodations under the Americans with Disabilities Act (ADA) may call Equal Educati onal Opportunities (EEO) at 754-321-2150 or Teletype Machine (TTY) at 754-321-2158. 387 RFP25-093: Demolition Services RFP No. RFP25-093 The School Board of Broward County, Florida Page 7 of 57 Pages Broward County Public Schools Is An Equal Opportunity/Equal Access Employer SECTION 3.0 – INTRODUCTION AND GENERAL INFORMATION 3.1 Introduction: The School Board of Broward County, Florida (hereinafter referred to as “SBBC” or “District”) desires to receive proposals from qualified proposers for Demolition Services. SBBC reserves the right to increase the pool of awarded vendors, through a release of an additional solicitation, to provide the services included in the RFP each subsequent year (anniversary date) of the term of this contract, or at any time, or for an emergency release, if deemed necessary by SBBC. The proposals will be evaluated by an Evaluation Committee to determine their eligibility under the terms and conditions of this RFP. Subject to School Board approval, additional Proposers will be approved and added to the pool of currently awarded vendors. Regardless of the year a Proposer is added to the pool of awarded vendors in relation to this RFP, all awards will expire at the end of the contracted services. The School Board of Broward County, Florida, Supplier Diversity Outreach Program, works to increase the participation of Emerging, Small, Minority, Veteran, and Women Business Enterprises (E/S/M/V/WBE). It is the intent of the Supplier Diversity Outreach Program to have a diverse group, as well as an equitable distribution of E/S/M/V/WBEs participating in any award of this Proposal. To be considered for the greatest amount of evaluation points for E/S/M/V/WBE participation, the Proposer must provide significant information on the specific certified E/S/M/V/WBE vendor(s) that will be used on any contract award for services described in this RFP. The Proposer should include the specific elements of work each E/S/M/V/WBE vendor(s) will be responsible for performing, the dollar value of the work, and the percentage of the total contract value. For a list of certified E/S/M/V/WBEs, refer to Attachment A. 3.2 Questions & Interpretations: Any questions concerning any portion of this RFP must be submitted, in writing, to Mark H. Cohen Procurement & Warehousing Services via e-mail to Mark.cohen2@browardschools.com. Any questions requiring a response that amends the RFP document in any manner will be answered via Addendum by the Procurement & Warehousing Services Department and provided to all Proposers. No information given in any other manner will be binding on SBBC. Any questions concerning any condition or requirement of this RFP must be received in the Procurement & Warehousing Services Department, in writing, on or before 5:00 p.m. ET of the date listed in Section 2.0 – Calendar. Questions received after this date and time may not be answered. Submit all questions to the attention of the individual stated above. If necessary, an Addendum will be issued. Any verbal or written information, which is obtained other than by information in this RFP document or by Addenda, shall not be binding on SBBC. 3.3 NON-MANDATORY PROPOSERS’ CONFERENCE: A Proposers’ Conference will be held on the date and time listed in Section 2.0 – Calendar. Representatives from all interested companies are encouraged to attend. The proposer’s conference is also available through MS Teams. Virtual Conference information is listed in Section 2.0 – Calendar. The purpose of the Proposers’ Conference is to allow prospective Proposers to bring forth questions they may have, to allow prospective Proposers to be aware of questions other Proposers may have, and to stimulate discussions that will generate questions in an effort to assist prospec tive Proposers in preparing the best and most comprehensive proposal for submission to SBBC. Questions submitted will be answered to all Proposers via Addenda. All questions shall be submitted in accordance with Section 3.3 - Questions and Interpretations. Any information given by any party at the Proposers' Conference is not binding on SBBC. Only the information provided in the RFP or via Addenda shall be considered by Proposers. In addition, a representative from the SBBC Supplier Diversity & Outreach Program may be present to address questions regarding E/S/M/V/WBE participation. SECTION 3.0 – INTRODUCTION AND GENERAL INFORMATION (continued) 388 RFP25-093: Demolition Services RFP No. RFP25-093 The School Board of Broward County, Florida Page 8 of 57 Pages Broward County Public Schools Is An Equal Opportunity/Equal Access Employer 3.4 Contract Term: (a) The purpose of this RFP is to establish a n initial three (3) year term contract commencing on January 23, 2025, or the date of award, whichever is later, and continuing through three (3) years after the actual commencement. In the event that the award of a contract under this RFP is delayed by administrative proceedings for a bid protest, SBBC may choose at its sole discretion to revise the start and end dates of the awarded contract to provide the original contract term. As stated herein, the term of the contract may, by mutual agreement between SBBC and the Awardee, be extended for two additional one-year periods and, if needed, 180 days beyond the expiration date of the renewal period. SBBC and Awardee may, by mutual agreement, when exercising the option terms provided herein, extend the Agreement for a term period less than the full one (1) year option term. The Procurement & Warehousing Services Department will, if considering renewing, request a letter of intent to renew from each Awardee before the end of the current contract period. The Awardee will be notified when the School Board has acted upon the recommendation. If only one responsive and responsible bid is received, the term of the Agreement may be reduced to one year. (b) When a subsequent Agreement award process for the award of the goods or services sought under a competitive solicitation is stopped due to the filing of a formal written protest, SBBC reserves the right to extend this Agreement beyond the expiration of the two (2) term extensions, and 180 calendar day term extension, awarded under this RFP for the goods or services contained in the subsequent competitive solicitation that is being protested. Such extension shall be until the new Agreement award under protest can be approved by SBBC. 3.5 Price Adjustments: Prices offered shall remain firm through the first three (3) years of the contract. A request for a price adjustment, with proper documentation j ustifying the adjustment, may be submitted in writing 30 days before the third anniversary date of the contract. Price adjustment requests shall be evaluated on an annual basis thereafter. Unit price adjustments must have written approval from SBBC before invoicing. Any unit price adjustment invoiced without written approval from SBBC shall not be paid, and the invoice will be returned to the Awardee for correction. 3.5.1 The Director, Procurement & Warehousing Services, may, in the Director’s sole discretion on behalf of the SBBC, equitably adjust pricing if the pricing or availability of sup plies is adversely affected by extreme and unforeseen volatility in the marketplace. Consideration for any pricing adjustment shall require the vendor to provide irrefutable evidence that ALL the following circumstances exist: a. The volatility is due to causes wholly beyond the vendor’s control and b. The volatility affects the marketplace or industry, not just the vendor’s source of supply; and c. The effect on pricing or availability of supply is substantial and d. The volatility so affects the vendor that continued performance of the contract would result in a substantial loss. Note: Any pricing adjustment must be confirmed in writing by the Director of Purchasing . 3.6 Submittal of Proposal: Submit proposals in accordance with Section 4.0 - Proposals should be organized and shall include the necessary information to be in full compliance with t his Section. To facilitate the proposal evaluation process, special attention should be paid to organizing proposals in a manner consistent with Section 4.0. The proposals submitted electronically, e-bidding through DemandStar should include the documents requested. SBBC reserves the right to reject and not consider any proposal that is not submitted in accordance with Section 4.0, or that does not include any necessary information. 3.7 Evaluation & Award: All proposals received must meet the Minimum Eligibility Requirements as stated in Section 4.2 of the RFP to be further considered for evaluation. Failure to meet the Minimum Eligibility Requirements shall result in disqualification of the entire proposal and shall not be considered for further evaluation. Those proposals that meet the minimum requirements shall be further evaluated and scored by an Evaluation Committee. General Condition 7.1, Liability, is NOT subject to negotiation, and any proposal that fails to accept these conditions will be rejected as “non-responsive.” 389 RFP25-093: Demolition Services RFP No. RFP25-093 The School Board of Broward County, Florida Page 9 of 57 Pages Broward County Public Schools Is An Equal Opportunity/Equal Access Employer SECTION 3.0 – INTRODUCTION AND GENERAL INFORMATION (continued) 3.7 Evaluation & Award (continued) All responsive Proposals will be evaluated by the Evaluation Committee (hereinafter referred to as “Committee”) based upon the information submitted by Proposers in response to Section 4.0 and in accordance with the evaluation criteria established in Section 5.0 for Categories: a.) Experience and Qualifications and Category; b.) Cost of services will be determined by mathematical calculation by the Procurement & Warehousing Services Department and Category; c.) Minority/Women Business Participation will be evaluated and scored by the SBBC’s Supplier Diversity & Outreach Program staff. Based upon the evaluation of Proposals, the Committee will recommend Proposer(s) to SBBC for the award. The number of firms to be recommended is solely at the discretion of the Evaluation Committee. [THIS SPACE IS INTENTIONALLY LEFT BLANK] 390 RFP25-093: Demolition Services RFP No. RFP25-093 The School Board of Broward County, Florida Page 10 of 57 Pages Broward County Public Schools Is An Equal Opportunity/Equal Access Employer SECTION 4.0 – INFORMATION TO BE INCLUDED IN THE SUBMITTED PROPOSAL The entire proposal packet must be submitted ele ctronically via the e-bidding platform DemandStar. All proposals must be neatly typed on 8 1/2” X 11” page size, with normal margins and spacing. It should be noted that the SBB C is no longer accepting submittal of proposals in hard copy format. All proposals must be submitted electronically via DemandStar. Proposals must be received by the deadline for receipt of proposals specified in this RFP Calendar (Section 2). Please note that proposals must be submitted to and received by SBBC on the date and at the time indicated in Section 2. Proposal response submission to the Procurement and Warehousing Services Department via DemandStar on or before the stated time and date will be solely and strictly the Proposer’s responsibility. SBBC will not in any way be responsible for delays in the Proposer’s submission of their proposal. Proposals must bear the electronic or handwritten signature of an authorized officer of the Proposer who is legally authorized to enter into a contractual relationship in the name of the Proposer. The submittal of a proposal by a Proposer will be considered by SBBC as constituting an offer by the Proposer to perform the required services at the stated prices. 4.1 Response format To maintain comparability and facilitate the re view process, it is requested that proposals be organized in the manner specified below. Include all the information requested herein in your proposal. 4.1.1 Title Page: Include RFP Number, subject, the name of the Proposer, address, telephone number, and date. 4.1.2 Table of Contents: Include a clear identification of the material by section and by page number. 4.1.3 Letter of Transmittal: Include the names of the persons who will be authorized to make representations for the Proposer, their titles, addresses, and telephone numbers. 4.1.4 Required Response Form: (Section 1.0 of RFP) with all required information completed and all signatures as specified (blue ink preferred on original). Any modifications or alterations to this form shall not be accept ed, and the proposal will be rejected. The enclosed original Required Response Form will be the only acceptable form. 4.1.5 Other Names: State under what other or former name(s) the Proposer is currently operating under or has operated under. 4.1.6 Notice Provision: Should your firm become an Awardee under this RFP, please specify the name and address of the person(s) to whom any notices should be sent under SBBC’s contract with the Awardee: Awardee’s Representative for Notices: Name/Title:______________________________________________________________________ Mailing Address:__________________________________________________________________ Email and Phone:_________________________________________________________________ With a Copy To: Name/Title:______________________________________________________________________ Mailing Address:__________________________________________________________________ Email and Phone:_________________________________________________________________ 391 RFP25-093: Demolition Services RFP No. RFP25-093 The School Board of Broward County, Florida Page 11 of 57 Pages Broward County Public Schools Is An Equal Opportunity/Equal Access Employer SECTION 4.0 – INFORMATION TO BE INCLUDED IN THE SUBMITTED PROPOSAL (continued) 4.2 Minimum Eligibility Requirements: The SBBC’s Procurement & Warehousing Services Department shall determine whether each Proposer meets the Minimum Eligibility requirements of Section 4.2 and shall only deliver proposals meeting the Minimum Eligibility requirements to the Evaluation Committe e for further evaluation. To be considered for an award and to be further evaluated, the Proposer must meet or exceed the following criteria as of the opening date of the proposal. Failure to provide or clearly state the information requested below will result in the disqualification of the proposal. The Proposer is responsible for providing the following information in its response. The Proposer must also include a statement of acknowledgment for each item below. The requested information below must be numbered as indicated below and be included in “this section” of your submitted proposal; do not place this information in any other section of your proposal. 4.2.1 Proposers must meet or exceed the requirements of Section 7.1, Liability. Will your compan y meet or exceed the requirements as written in Section 7.1 for this contract? Yes No Do not check both boxes. Failure to agree to the requirements of Section 7.1 of the RFP shall cause a proposal to be non- responsive and ineligible for an award under this RFP. 4.2.2 Proposers must meet or exceed the requirements of Section 6.3, Minimum Insurance Requirements. Will your company meet or exceed the requirements as written in Section 6.3 of this contract? Yes No Do not check both boxes. Failure to agree to the requirements of Section 6.3 of the RFP shall cause a proposal to be non-responsive and ineligible for an award under this RFP. 4.2.3 Please be advised that in order for bids for this project to be accepted by the School Board of Broward County, Florida the bidder must be Pre-Qualified in accordance with 1013.46 F.S., State Requirements for Educational Facilities Ch. 4.1(1), and Board Policy 7003.1 at the time of the bid opening. Bids submitted from firms not in compliance with these requirements will not be opened. Pre -Qualification are only accepted for the following licenses: • General Contractor; or • Broward County Demolition (Non- Explosive) 4.2.4 Complete and return, with your proposal, Attachment C – Conflict of Interest of the RFP. This is a required document. 4.2.5 Complete and return, with your proposal, Attachment D – Debarment of the RFP. This is a required document. 4.2.6 Complete and return, with your proposal, Attachment H - Affidavit Use of Coercion for Labor and Services of the RFP. This is a required document. 4.2.7 Complete and return, with your proposal, Attachment A – S/M/WBE FORM of the RFP. This is a required document. 4.3 Evaluation Criteria – (Proposer’s Experience & Qualifications, Cost of Services, Supplier Diversity Outreach Program Participation): This section represents the information that will be utilized in the evaluation of proposals received and assignment of points in accordance with the evaluation criteria established in Section 5.0 for proposals submitted. Proposers are cautioned to read this section carefully and respond with complete information that will assist the Evaluation Committee in evaluating the proposal submitted. Proposers are requested to respond in the format, and organizational structure stated and to refrain from including promotional or advert ising materials in their proposals. The maximum allowable points (See Section 5.0) that will be awarded for each section are stated. Failure to respond or incomplete responses to any evaluation criteria below will result in zero or reduced allocation of po ints for the criteria and may result in disqualification of the entire proposal. 392 RFP25-093: Demolition Services RFP No. RFP25-093 The School Board of Broward County, Florida Page 12 of 57 Pages Broward County Public Schools Is An Equal Opportunity/Equal Access Employer 4.3.1 Proposer’s Experience & Qualifications – (Maximum 45 allowable points): 4.3.1.1 Executive Summary: Submit a brief executive summary (abstract) stating the Proposer’s understanding of the nature and scope of the services to be provided and the capability to comply with all terms and conditions of the RFP. Please refer to Attachment B for scope of services. (Up to 20 points) 4.3.1.2 References: Provide a minimum of three references, clients either past or current, for whom Proposer has provided Demolition Services. References shall include, at a minimum, the client and/or School District's name and address, contact name, contact telephone number , and scope of services provided by the Proposer. (See Attachment E to be provided with the proposal). (Up to 15 points, 5 points for each reference) 4.3.1.3 Litigation: Provide a statement of any litigation or regulatory action that has been filed or is pending against your firm(s) in the last three (3) years. If an action has been filed, state and describe the litigation or regulatory action filed, and identify the cour t or agency before which the action was instituted, the applicable case or file number, and the status o r disposition for such reported action. If no litigation or regulatory action has been filed against your firm(s), provide a statement to that effect. For joint venture or team Proposers, submit the requested information for each member of the joint venture or team. (Up to 10 points) 4.3.2 Cost of Goods/Services – (Maximum 40 allowable points): 4.3.2.1 Proposer must state firm pricing as indicated in the included Excel spreadsheet. The Excel format listed must be followed. No additional costs will be considered for award. Proposer’s cost shall be all inclusive in accordance with the terms, conditions and specifications of this RFP, including hauling. For the sake of clarity, costs associated with the disposal fees, are not to be included. 4.3.2.2 All costs associated with the disposal fees will be charged as a passthrough with no mark-ups or other additional costs. The awardee shall provid e the copy of the invoices for such fees to be entitled for payment. Failure to share such invoices will result in no payment of such costs. 4.3.2.3 Proposer shall provide the current disposal fees for each municipality as described in the Excel spreadsheet. Failure to provide such information may result in disqualification. Evaluation of Points Every other response will be given points proportionally in relation to the lowest total cost received. This point total will be calculated by dividing the lowest total cost by the next response received multiplied by the maximum points allotted for the Cost of Services as provided above. Example: Lowest Price Proposed Maximum Allotted Assigned Next Proposer’s Price X Points = Score Example: $1,650.00 $2,000.00 (.825) X 40 = 33 points 4.3.3 SUPPLIER DIVERSITY OUTREACH PROGRAM PARTICIPATION – (Maximum 15-20 allowable points): ECONOMIC DEVELOPMENT & DIVERSITY COMPLIANCE DEPARTMENT (EDDC): SBBC has implemented a Supplier Diversity Outreach Program (SDOP) as part of the SBBC's competitive solicitation and contracti ng activity in accordance with School Board Policy 3330, and the results of the 2023 Disparity Study conducted by 393 RFP25-093: Demolition Services RFP No. RFP25-093 The School Board of Broward County, Florida Page 13 of 57 Pages Broward County Public Schools Is An Equal Opportunity/Equal Access Employer Keen Independent Research (KIR). The provisions of the Policy shall apply to all competitive solicitations for Construction, Architectural & Engineering, Professional Services, Goods and Other Services, and any resulting contract documents, including change orders and amendments. For information on E/S/V/M/WBE Certification, contact The Economic Development and Diversity Compliance Department at 754-321-0770 or visit www.browardschools.com/eddc. Nondiscrimination: Each Proposer/Bidder hereby certifies and agrees that the following information is correct: In preparing its response to this solicitation, the Proposer/Bidder has considered all propo sals submitted from qualified, potential subcontractors and suppliers and has not engaged in "discrimination" as defined in Scho ol Board Policy 3330 – Supplier Diversity Outreach Program, Section D.1.; to wit: discrimination in the solicitation, selection, or commercial treatment of any subcontractor, vendor, supplier, or commercial customer on the basis of race, color, religion, ancestry or national origin, sex, age, marital status, sexual orientation or on the basis of disability or other unlawful forms of discrimination. Without limiting the foregoing, "discrimination" also includes retaliating against any person or other entity for reporting any incident of "discrimination." Without limiting any other provision of the solicitation for responses to this Bid, it is understood and agreed that if this certification is false, such false certification will constitute grounds for SBBC to reject the response submitted by the Proposer/Bidder on this solicitation and terminate any contract awarded based on the resp onse as a condition of submitting a response to SBBC, the Proposer/Bidder agrees to comply with SBBC’s Commercial Nondiscrimination Policy as described under its School Board Policy 3330. Industry–Specific Remedial Affirmative Procurement Initiative (API): Goal Setting Committee (GSC) has assigned the following API: In accordance with SBBC Policy No. 3330, and the results of the 2023 Disparity Study conducted by Keen Independent Research the GSC has established an Evaluation Preference For Prime Bidders with a Mandatory 10 - 20% Subcontracting Goal. This API is applied, whereas low price is not the only factor considered in contract award, the GSC may reserve from fifteen up to a maximum of twenty (15 -20) points of the total available evaluation points for award to a respondent that is a certified E/S/V/M/WBE firm. Evaluation Preference For Prime Bidders with a Mandatory 10 - 20% Subcontracting Goal: The SBBC shall award a maximum of Fifteen (15) points, to Prime Bidder/Proposer(s) for participation: An additional Five (5) Points (for a total of 20 points) will be awarded to first time EDDC Certified E/S/V/M/WBE Prime Bidder(s), also, a Mandatory 10 - 20% Subcontracting Goal applies to this solicitation and resulting contract. In Order to receive Preference Points, Document 00471, Bidder/Proposer Assurance Statement must be completed and submitted with Proposal (see Attachment A). Documentation and Certification: All bidder/proposer(s) must submit Document 00471 (see Attachment A) at the time of submission. All Prime bidder/proposer(s) committing to E/S/V/M/WBE participation must also include Doc. 00475 and 00470 along with a copy of the subcontractor/subconsultant(s) EDDC Certificate. To access the list of current E/S/V/M/WBE certified firms and information on how to become certified, visit https://www.browardschools.com/sdop. Reporting Requirements: MANDATORY - Post-Award Monthly Compliance Monitoring/Reporting Requirements: Proposals that result in contracts being awarded must fully participate a nd comply with the EDDC Program Requirements. If awarded, ALL awardees shall log into the SDOP Management System powered by B2Gnow. Prime vendors must report all revenue and payment sources generated from the contract, and all payments made to E/S/V/M/WBE subcontractors must be reported by the 10th of every month. NOTE: In addition, any changes to the utilization and/or subcontracting plan, as well as any substitutions, deletions, and/or terminations, must be approved in advance and in writing by the EDDC Department. 394 RFP25-093: Demolition Services RFP No. RFP25-093 The School Board of Broward County, Florida Page 14 of 57 Pages Broward County Public Schools Is An Equal Opportunity/Equal Access Employer SECTION 5.0 – EVALUATION OF PROPOSALS 5.1 Evaluation Committee: The Evaluation Committee (hereinafter referred to as “Committee”) shall evaluate and score all proposals received that meet or exceed Section 4.2, Minimum Eligibility Requirements and Section 7.1 Liability, according to the following criteria and Section 5.3, the Evaluation Process: CATEGORY MAXIMUM POINTS A. Proposer’s Experience & Qualifications (Section 4.3.1) 45 B. Cost of Services (Section 4.3.2) 40 C. Supplier Diversity Outreach Program Participation (Section 4.3.3) 15 An additional 5 points will be given to a first-time EDDC Certified 5 ESMVWBE Prime Bidder/Proposer. TOTAL 105 Note: Evaluation points for “Category C” shall be provided by the EDDC Department. The SBBC shall award a maximum of Fifteen (15) points, to Prime Bidder/Proposer(s) for participation: An Additional Five (5) Points (for a total of 20 points) to first-time EDDC Certified ESVMWBE Prime Bidder(s)/Proposers. Failure to respond, provide detailed information or to provide requested Proposal elements may result in the reduction of points in the evaluation process. The Committee may recommend the rejection of any proposal containing material deviations from the RFP. The Committee may recommend waiving any irregularities and technicalities. If only one responsive proposal is received, the Committee will proceed with scoring the one responsive proposal and may negotiate the best terms and conditions with that sole proposer or may recommend the rejection of all proposals as permitted by Section 6A-1.012(12)(c), F.A.C." 5.2 Technicalities: Failure to respond, provide detailed information, or provide requested proposal elements may result in the reduction of points in the evaluation process. The Committee may recommend the rejection of any proposal containing material deviations from the RFP. The Committee may recommend waiving any irregularities and technicalities. If only one (1) responsive proposal is received, the Committee will proceed without scoring the one (1) responsive proposal and may negotiate the best terms and conditions with that sole Proposer or may recommend the rejection of all proposals as permitted by Section 6A -1.012(12)(c), F.A.C." 5.3 Evaluation Process: The evaluation processes will be conducted in sequential steps as described below. Evaluation of proposals will be based on an average of the Committee Member’s points (only for sections evaluated (scored) by the Committee). Step 1: Minimum Eligibility: Each proposal will be evaluated by SBBC’s Procurement & Warehouse Services Department to determine if the proposal meets the minimum eligibility requirements as listed above in Section 4.2 of this Bid. Proposals that fail to meet the minimum eligibility requirements as state d for the RFP will not be further evaluated nor be considered for award. The individual responsible for this portion of the evaluation is not a voting member of the RFP Evaluation Committee. Step 2: RFP Evaluation Committee: This step evaluates the qualification, experience, and scope of work responses. The RFP Evaluation Committee will score the proposals on the basis of (Category A) Proposer’s Experience & Qualifications in accordance with Section 4.3.1. All scores for steps 2, 3, and 4 will be calculated. The Committee further reserves the right to require oral presentations from any or all Proposers or to ask questions of any or all Proposers. 395 RFP25-093: Demolition Services RFP No. RFP25-093 The School Board of Broward County, Florida Page 15 of 57 Pages Broward County Public Schools Is An Equal Opportunity/Equal Access Employer SECTION 5.0 – EVALUATION OF PROPOSALS (continued) Step 3: Cost Evaluation (Category B): SBBC’s Procurement & Warehousing Services Department will reveal the point values assigned to the cost proposals submitted by each Proposer in accordance with the procedures outlined in section 4.3.2. The individual responsible for this portion of the evaluation is not a voting member of the RFP Evaluation Committee. Step 4: SDOP Evaluation (Category C): Representatives of SBBC’s Supplier Diversity Outreach Program (SDOP) will assign point values for the E/S/M/V/WBE information supplied in accordance with section 4.3.3 and the information requested and described further in Attachment A. All required forms must be executed and submitted with your proposal in order to receive points. The individual responsible for this portion of the evaluation is not a voting member of the Committee. Step 5: Score Computation: All scores will be calculated (except sections scored by the Committee will be averaged) and combined for a grand total. 5.4 Tie Score: If a tie score between two or more Proposers presents itself during the scoring o f points, the decimal points to the right of the number will be extended until the tie is broken. Rounding of numbers will be applied where applicable. If the tie score cannot be broken and all other nume rical factors are equal in point value, then General Condition 7.55, Tie Bid Procedures shall apply. 5.5 Committee Questions: The Committee reserves the right to ask questions of a clarifying nature once proposals have been opened, require presentations from all Proposers, interview any or all Proposers that respond to the RFP, or make their recommendations based solely on the information contained in the proposals submitted. Presentations, if required, will be part of the evaluation process. 5.6 Committee’s Recommendations: A complete recording shall be made of each meeting (evaluation and negotiation session) conducted by the Committee by the Purchasing Agent. The Committee has the discretion to recommend an award to one (1) or more Proposers or to reject any or all of the submitted proposals. The Committee may choose to conduct one (1) or more exempt negotiation session(s) with as many ranked responsive proposers, in its sole judgment, deems appropriate prior to making its recommendation for award , starting with the highest-ranked proposer first, then the second highest-ranked proposer and so on. The Committee also has the discretion to commence negotiations with only a single responsive proposer if the Committee chooses to do so. During any such negotiations , the Committee reserves the right to negotiate any term, condition, specification, or price (other than those found or specified in Section 4.2 and Section 7.1 of this RFP) during an exempt negotiation session with the highest -ranked responsive Proposer. In accordance with Section 286.0113(2), Florida Statutes, any negotiation session will be conducted to the exclusion of the other ranked responsive Proposers and the public. The Committee will recess the open public portion of the evaluation meeting and conduct the exempt negotiation session of the co mpetitive selection process, beginning with the highest- ranked responsive Proposer first, then the second-highest-ranked Proposer, and so on until finished, or the Committee also has the discretion to commence negotiations with only a single responsive proposer if the Committee chooses to do so. Each ranked responsive Proposer must be represented during its exempt negotiations session by an authorized representative possessing the authority to bind the Proposer to the changes made during the negotiation session and be prepared to provide the Proposer’s best and final offer. Any information communicated between the Committee and a ranked responsive Proposer during an exempt negotiation session shall not be disclosed to anyone during the open portion of the meeting, including other ranked responsive proposers until disclosure is permitted pursuant to Section 286.0113(2), Florida Statutes. 396 RFP25-093: Demolition Services RFP No. RFP25-093 The School Board of Broward County, Florida Page 16 of 57 Pages Broward County Public Schools Is An Equal Opportunity/Equal Access Employer SECTION 5.0 – EVALUATION OF PROPOSALS (continued) After the exempt negotiation session(s) is/are completed, the Committee shall reconvene the open public portion of the evaluation meeting and determine, by motion and a roll call vote, whether to recommend an award to one (1) or more ranked responsive Proposers; to declare an impasse with a ranked responsive Proposer; or to proceed with further negotiations with one (1) or more of the next highest-ranked responsive Proposers. The Committee may declare an impasse with a ranked responsive Proposer at any time or proceed with further negotiations with one (1) or more of the next highest-ranked Proposer(s). If negotiations are not successful or have reached an impasse with a ranked Proposer, the Committee reserves the right not to award a ranked Proposer if it is in the best interest of SBBC and must be stated on the record. The final scores are only a ranking of proposals for negotiation (i.e., the highest -ranked proposer will be the first to start the negotiations) and do not determine the actual award. The Committee determines the recommendation for the award of the RFP. 5.7 Award: The Evaluation Committee may recommend an award to a single proposer or to multiple proposers, and the recommendation is solely at the discretion of the Evaluation Committee. If a multiple award is recommended, then the Proposer must have an evaluation score of 65 points or higher in order to be recommended for award. These Proposers must have complied with the terms, conditions, and specifications of the RFP. After the conclusion of negotiations (as stated above), the recommended award would be made for the services sought in this RFP in accordance with the terms of the negotiations. An Agreement (in the form of the Sample Agreement attached hereto as Attachment K shall be prepared for execution by the Awardee and SBBC and shall be governed by t he laws of the State of Florida and must have venue established in the 17 th Judicial Circuit Court of Broward County, Florida or the United States Court of the Southern District of Florida. Agreements will be approved as to form and legal content by SBBC’s General Counsel and will be submitted to SBBC for final approval. The recommendation to award the RFP sh all be contingent upon the successful completion of a written Agreement. Approval shall not be a guarantee of business, a guarantee of a specified volume of service, or minimum dollar revenue to be received under this contract. [THIS SPACE IS INTENTIONALLY LEFT BLANK] 397 RFP25-093: Demolition Services RFP No. RFP25-093 The School Board of Broward County, Florida Page 17 of 57 Pages Broward County Public Schools Is An Equal Opportunity/Equal Access Employer SECTION 6.0 – SPECIAL CONDITIONS 6.1 The complete proposal properly completed and signed must be electronically submitted and received by SBBC on or before 2:00 p.m. ET, SEE SECTION 2.0 – CALENDAR. The proposal shall include the REQUIRED RESPONSE FORM (Section 1.0 of RFP) which must be fully executed and submitted on or before 2:00 p.m. ET on the date due to the Procurement & Warehousing Services Department in accordance with the submittal requirements. The proposal must contain all information required to be included in the proposal as described herein. All submitted proposals must include ALL documents requested and be submitted and received by SBBC on or before 2:00 p.m. ET, SEE SECTION 2.0 - CALENDAR. 6.2 Joint Ventures: In the event multiple Proposers submit a joint proposal in response to the RFP, a single Proposer shall be identified as the Prime Proposer. If offering a joint proposal, the Prime Proposer must include the name and address of all parties of the joint proposal. Prime Proposer shall provide all bonding and insurance requirements, execute any Contract, complete the REQUIRED RESPONSE FORM shown herein, and have overall and complete accountability to resolve any dispute arising within this contract. Only a single contract with one (1) Proposer shall be acceptable. Prime Proposer responsibilities shall include, but not be limited to, performing overall contract administration, presiding over other Proposers participating or presenting at SBBC meetings, overseeing the preparation of reports and presentations, and filing any notice of protest and final protest as described herein. Prime Proposer shall also prepare and present a consolidated invoice(s) for services performed. SBBC shall issue only one (1) check for each consolidated invoice for services performed to the Prime Proposer. Prime Proposer shall remain responsible for performing services associated with response to this RFP. Note: Joint Ventures must be registered with the State of Florida, Division of Corporations – www.sunbiz.org. 6.3 Minimum Insurance Requirements: The Minimum Insurance Requirements of this RFP is NOT subject to negotiation and any Proposal that fails to accept these conditions in this entirety will be reject as “non-responsive”. 6.3.1 General Liability: Limits not less than $1,000,000 per occurrence for Bodily Injury/ Property Damage; $1,000,000 General Aggregate. Limits not less than $1,000,000 for Products/Completed Operations Aggregate. 6.3.2 Professional Liability/Errors & Omissions: Limit not less than $1,000,000 per occurrence covering services provided under this Agreement. 6.3.3 Workers’ Compensation: Florida Statutory limits in accordance with Chapter 440; Employer’s Liability limits not less than $100,000/$100,000/$500,000 (each accident/disease-each employee/disease-policy limit). Complete the Workers’ Compensation Affidavit (Attachment G) and submit it with the proposal, if applicable. 6.3.4 Auto Liability: Owned, Non-Owned, and Hired Auto Liability with Bodily Injury and Property Damage limits of not less than $1,000,000 Combined Single Limit. If the Awardee does not own any vehicles, hired and non- owned automobile liability coverage in the amount of $1,000,000 shall be acce pted. In addition, an affidavit signed by the Awardee must be furnished to SBBC indicating the following: _________________ (Awardee Name) does not own any vehicles. In the event the insured acquires any vehicles throughout the term of this Agreement, the insured agrees to provide proof of “Any Auto” coverage effective the date of acquisition. 6.4 Awardee(s) Accounting Records and Right to Audit Provisions: 6.4.1 Awardee’s and Sub-Contractor’s records shall include, but not be limited to, accounting records, payroll time sheets, audited and unaudited financial statements to substantiate payment rates and income, written policies and procedures, Sub-Contractor’s files and any other supporting evidence necessary to substantiate payments and income related to this Agreement (all the foregoing hereinafter referred to as “records”) shall be open to inspection and subject to audit and/or reproduction, during normal working hours, by SBBC’s agent or its 398 RFP25-093: Demolition Services RFP No. RFP25-093 The School Board of Broward County, Florida Page 18 of 57 Pages Broward County Public Schools Is An Equal Opportunity/Equal Access Employer authorized representative to the extent necessary to adequately permit evaluation and verification of any invoices, payments or claims submitted by the Awardee(s) or any of his/her payees pursuant to the execution of the Agreement. Such records subject to the examination shall also include, but not be limited to, those records necessary to evaluate and verify payments and any other matters or items associated with this Agreement. 6.4.2 For the purpose of such audits, inspections, examinations and evaluations, SBBC’s agent or authorized representative shall have access to said records from the effective date of this Agreement, for the duration of the work, and until five (5) years after the date of final payment by Awardee(s) pursuant to this Agreement. All payments which cannot be documented as paid as required by the Agreement and found not to be in compliance with the provisions of this Agreement shall be reimbursed to SBBC. 6.4.3 SBBC’s agent or its authorized representative shall have access to the Awardee’s facilities, shall have access to all necessary records and shall be provided adequate and appropriate workspace, in order to conduct audits in compliance with this article. SBBC’s agent or its authorized representative shall give audited firm reasonable advance notice of intended audits. 6.4.4 Awardee(s) shall certify that payments are accurate and correct on each and every payment. If an audit reveals discrepancies, such as an overpayment, the Awardee(s) will be required to reimburse SBBC for the discrepancy with a minimum of eighteen percent (18%) per annum. 6.4.5 If an audit inspection or examination, in accordance with this article, discloses overpayments (of any nature) to the Awardee(s) by SBBC in excess of ten percent (10%) of the total payments, the actual cost of SBBC’s audit shall be paid by the Awardee(s) as well as the overpayments by SBBC. 6.5 W-9 Form: All Proposers are requested to complete their W-9, (see Attachment J), and submit with their proposal. 6.6 Florida Bidder’s Preference: General Condition 8.2.4 does not apply to this RFP as no personal property is being purchased. 6.7 Acceptance and Rejection of Proposals: 6.7.1 Acceptance: All proposals properly completed and submitted will be evaluated in accordance with Section 4.0 and Section 5.0. SBBC reserves the right to reject any or all proposals that contain material deviations from the RFP or that fail to meet all mandatory requiremen ts. SBBC may reject any or all proposals when it serves the best interest of SBBC. 6.7.2 SBBC also reserves the right to waive irregularities or technicalities in any proposal received if such action is in the best interest of SBBC. However, such a waiver shall in no way modify the RFP requirements or excuse the Proposer from full compliance with the RFP specifications and other contract requirements if the Proposer is awarded the contract. 6.7.3 Rejection: A proposal may be rejected if it does not conform to the rules or the requirements contained in this RFP. Examples of rejection include, but are not limited to, the following: 6.7.3.1 The proposal was submitted electronically through DemandStar after the deadline specified in the RFP. 6.7.3.2 Failure to execute and return the enclosed original REQUIRED RESPONSE FORM (see Section 1.0 - Required Response Form). 6.7.3.3 Failure to respond to all subsections within the RFP. 399 RFP25-093: Demolition Services RFP No. RFP25-093 The School Board of Broward County, Florida Page 19 of 57 Pages Broward County Public Schools Is An Equal Opportunity/Equal Access Employer 6.7.3.4 Proof of collusion among Proposers, in which case all suspected proposals involved in the alleged collusive action shall be rejected, and any participants to such collusion shall be barred from future procurement opportunities until reinstated. 6.7.3.5 The proposal shows non-compliance with applicable laws or contains any unauthorized additions or deletions, is a conditional proposal, is an incomplete proposal, or contains irregularities of any kind that make the proposal incomplete, indefinite, or ambiguous as to its meaning. 6.7.3.6 The Proposer adds provisions reserving the right to accept or reject an award or to enter into a contract pursuant to an award or adds provisions contrary to those in the RFP. 6.7.3.7 In the best interest of SBBC, the Board reserves the right to reject any or all proposals rece ived when there are sound documented business reasons that serve the best interest of SBBC. 6.8 Vendor Registration: To become a registered vendor for SBBC, vendors must access, complete , and submit a Supplier Profile Questionnaire (SPQ) through SBBC’s new eProcure Online Supplier Portal, powered by Ariba which c an be located at https://www.browardschools.com/supplierselfregistration . Training materials are available via our website at https://www.browardschools.com/PWS (if needed). 6.9 ACH Payments: Payments will be made to Awardee(s) by SBBC via ACH (Automated Clearing House) for automatic deposits (credits) after goods or services are provided by the Awardee in accordance with RFP requirements. To facilitate payments being directly deposited, the ACH Payment Agreement must be submitted to Purchasinghelpdesk@browardschools.com . New vendors can do this as part of the vendor registration process described above. Vendors already registered on SBBC’s eProcure Online Supplier Portal can update their information by downloading a copy of the ACH Payment Agreement and submitting the completed form to the Purchasing Help Desk email stated above. 6.10 Policy 4001.1 Nondiscrimination Statement: SBBC prohibits any policy or procedure in discrimination on the basis of age, color, disability, gender identity, gender expression, genetic information, marital status, national origin, r ace, religion, sex, or sexual orientation. SBBC also provides equal access to the Boy Scouts and other designated youth groups. Individuals who wish to file a discrimination and/or harassment complaint may call the Director, Equal Educational Opportunities/ADA Compliance Department & District’s Equity Coordinator/Title I X Coordinator at 754-321-2150 or Teletype Machine (TTY) 754-321-2158. 6.11 Clarification of Sections 7.1 and 4.2.1 of the RFP: General Condition 7.1 – Liability (Indemnification). This statement is to provide clarification regarding this section of the RFP and the sample agreement. It is to be understood by all Proposers that this section is NOT subject to negotiation or have exceptions, and any proposal that fails to completely accept these conditions shall be rejected, and their proposal will be considered “non-responsive.” If a Proposer check-marks or indicates in Section 4.2.1 (Minimum Eligibility Requirements) that they agree with this Liability/Indemnification and then provides an exception(s) to this condition within their proposal, this is considered a “conflict” and shall render the proposal as “non-responsive” and the proposal rejected. 400 RFP25-093: Demolition Services RFP No. RFP25-093 The School Board of Broward County, Florida Page 20 of 57 Pages Broward County Public Schools Is An Equal Opportunity/Equal Access Employer SECTION 7.0 – GENERAL CONDITIONS 7.1 LIABILITY: This General Condition of the RFP is NOT subject to negotiation or exemptions and any proposal that fails to completely accept these conditions shall be rejected as "non-responsive". (See Special Condition 6.11) 7.1.1 By SBBC: SBBC agrees to be fully responsible up to the limits of Section 768.28, Florida Statutes, for its acts of negligence, or its employees’ acts of negligence when acting within the scope of their employment and agrees to be liable, up to the limits of Section 768.28, Florida Statutes, for any damages resulting from said negligence. 7.1.2 By AWARDEE: Awardee agrees to indemnify, hold harmless and defend SBBC, its agents, servants and employees from any and all claims, judgments, costs and expenses including, but not limited to, reasonable attorney’s fees, reasonable investigative and discovery costs, court costs and all other sums which SBBC, its agents, servants, and employees may pay or become obligated to pay on account of any, all and every claim or demand, or assertion of liability, or any claim or action founded thereon, arising or alleged to have arisen out of the products, goods or services furnished by the Awardee, its agents, servants or employees; the equipment of the Awardee, its agents, servants or employees while such equipment is on premises owned or controlled by SBBC; or the negligence of Awardee or the negligence of Awardee’s agents when acting within the scope of their employment, whether such claims, judgments, costs, and expenses be for damages, damage to property including SBBC’s property, and injury or death of any person whether employed by the Awardee, SBBC or otherwise. 7.2 SEALED PROPOSAL REQUIREMENTS: The “Required Response Form” (Section 1.0) must be completed, either manually or digitally signed (in blue ink, preferably), and returned with your submitted proposal in order to be considered for award. Electronic signatures on bid documents will be accepted pursuant to Section 668.004, Florida Statutes. To be considered, all proposals must be delivered in a sealed envelope (package, box, etc.), clearly marked with the words “Proposal Documents”, Request for Proposal (RFP) number and the title of the RFP and received in the Procurement & Warehousing Services Department no later than the specified date and time for the Request for Proposal opening. 7.2.1 PROPOSER’S RESPONSIBILITY: It is the responsibility of the Proposer to be certain that all numbered pages of the RFP and all attachments thereto are received and all Addendum released are received prior to submitting a proposal without regard to how a copy of this RFP was obtained. It is the responsibility of the Proposer to make sure the original proposal matches the digital copy as requested in the RFP. SBBC is not responsible for missing information in the proposal copies. Failure to check your proposal for missing information shall be at the risk of the Proposer and shall not be the responsibility of SBBC. 7.2.2 PROPOSAL SUBMITTED: Completed proposal must be submitted in a sealed envelope (package, box, etc.) with the RFP number and name clearly typed or written on the front of the envelope (package, box, etc.). Proposals must be time-stamped in Procurement & Warehousing Services Department on or before 2:00 p.m. ET on the date due for proposal to be considered. Proposals will be opened at 2:00 p.m. ET on the date due as stated in the RFP or Addendum. Failure to timely submit such proposal shall disqualify the Proposer and such proposal will be either returned to the Proposer or stored and unopened. NO FAXED PROPOSALS SHALL BE ACCEPTED. The School Board of Broward County, Florida (SBBC) reserves the right to reject any proposal that fails to comply with these submittal requirements. 7.2.3 EXECUTION OF PROPOSAL: Proposal must contain an original manual or digital signature (in blue ink) of an authorized representative, who can bind the company to the requirements of the RFP, in the space provided on the Required Response Form (Section 1.0). All proposals must be typewritten. It is requested that the submitted proposal follow the exact format as outlined in the RFP. 7.2.4 BIDDING PREFERENCE LAWS: The State of Florida provides a Proposer’s preference for Florida vendors for the purchase of personal property. SERVICES ARE NOT COVERED UNDER THIS REQUIREMENT. The local preference is five (5) percent. Proposers outside the State of Florida must have an attorney, licensed to practice law in the out-of-state jurisdiction, as required by Florida Statute 287.084(2), execute the “Opinion of Out-of-State Bidder’s Attorney on Bidding Preferences” form and must submit this form with the submitted proposal. Such an opinion should permit SBBC’s reliance on such an attorney’s opinion for purposes of complying with Florida Statute 287.084. Florida Proposers must also complete its portion of the form. Failure to submit and execute this form, with the proposal, shall result in the proposal being considered “non-responsive” and proposal rejected. See the Minimum Eligibility Requirements of the RFP. (Refer to Special Condition 6.6 of the RFP) 7.3 SUBMITTAL OF PROPOSALS: All Proposers are reminded that it is the sole responsibility of the PROPOSER to assure that their proposal is time-stamped in PROCUREMENT & WAREHOUSING SERVICES on or before 2:00 p.m. ET on the date due (See Calendar Section 2.0). Late proposals shall not be accepted. The address for proposal submittal, including hand-delivery and overnight courier delivery, is indicated as 7720 West Oakland Park Boulevard, Suite 323, Sunrise, Florida 33351-6704. The Proposer is fully and completely responsible for the payment of all delivery costs associated with the delivery of their proposal or related material. Procurement & Warehousing Services will not accept delivery of any proposal or related material requiring the School Board to pay for any portion of the delivery cost or the complete delivery cost. Prior to proposal submittal, it is the responsibility of the Proposer to be certain that all Addenda released have been received, that all Addendum requirements have been completed, and that all submittals required by the Addendum have been timely filed. (See General Condition 7.2.2) 7.4 ORIGINAL DOCUMENT FORMAT: Only the terms and conditions of this solicitation, as they were released by SBBC, or amended via Addendum, are valid. Any modification to any term or condition by a vendor is not binding unless it is expressly agreed to, in writing, by SBBC. 7.5 PRICES QUOTED: All prices for goods quoted shall be F.O.B. Destination and freight prepaid (Proposer pays and bears freight charges). Proposer owns goods in transit and files any claims unless otherwise stated in the Special Conditions of the RFP. In case of a discrepancy in computing the amount of the proposal, the Unit Price quoted shall govern. For services, the unit price shall be all-inclusive of services performed. a) TAXES: The School Board of Broward County, Florida, does not pay Federal Excise and State taxes on direct purchases of tangible personal property. The applicable tax exemption number is shown on the Purchase Order. This exemption does not apply to purchases of tangible property made by contractors who use the tangible personal property in the performance of contracts for the improvement of School Board owned real property as defined in Chapter 192 of the Florida Statutes. b) MISTAKES: Proposers are expected to examine the specifications, delivery schedules, proposal prices and extensions, and all instructions pertaining to supplies and services. Failure to do so will be at the Proposer’s risk. c) CONDITIONS AND PACKAGING: It is understood and agreed that any item offered or shipped as a result of this proposal shall be new (current production model at the time of this proposal) unless otherwise specified in this RFP. All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. d) UNDERWRITERS’ LABORATORIES: Unless otherwise stipulated in the proposal, all manufactured items and fabricated assemblies shall be UL listed where such has been established by UL for the item(s) offered and furnished. In lieu of the UL listing, the Proposer may substitute a listing by an independent testing laboratory recognized by OSHA under the Nationally Recognized Testing Laboratories (NTRL) Recognition Program. e) PROPOSER’S CONDITIONS: Proposal conditions and specifications shall not be changed, altered or conditioned in any way. The Evaluation Committee reserves the right to reject any conditional proposal. 7.6 SAMPLES: Samples of items, when required, must be furnished free of expense within five (5) working days unless otherwise stated in the RFP or by the Purchasing Agent’s letter to the Proposer requesting the sample(s). If the Proposer must have the sample(s) returned, then the sample(s) will be returned at the Proposer’s expense. Proposer(s) will be responsible for the removal of all sample(s) furnished within thirty (30) days after the award of the RFP. All sample(s) will be disposed of after thirty (30) days after the award of the RFP. Each individual sample must be labeled with the Proposer’s name, RFP Number and item number. Failure of the Proposer to either deliver the required sample(s) or to clearly identify samples as indicated may be a reason for rejection of the proposal item. Unless otherwise indicated in the RFP, sample(s) should be delivered to the Procurement & Warehousing Services Department, The School Board of Broward County, Florida, 7720 West Oakland Park Boulevard, Suite 323, Sunrise, Florida, 33351-6704. 7.7 DELIVERY: ALL DELIVERIES SHALL BE F.O.B. DESTINATION POINT: Shipping points offered other than F.O.B. Destination shall be rejected. Unless the actual date of delivery is specified (or specified delivery cannot be met), show the number of days required to make delivery after receipt of Purchase Order in space provided. Delivery time may become a basis for making an award (see Special Conditions). Delivery shall be within the normal working hours of the user, Monday through Friday, excluding state holidays and days during which the school district administration is closed. 401 RFP25-093: Demolition Services RFP No. RFP25-093 The School Board of Broward County, Florida Page 21 of 57 Pages Broward County Public Schools Is An Equal Opportunity/Equal Access Employer 7.8 INTERPRETATIONS: Any questions concerning conditions and specifications must be submitted in writing and received by the Procurement & Warehousing Services Department as requested in the Conditions of the RFP, Information. If necessary, an Addendum will be issued. (See Special Condition 3.2) 7.9 EVALUATION COMMITTEES AND PROPOSALS: SBBC and its Evaluation Committees evaluate and negotiate all proposals in accordance with State Statutes 119.071 and 286.0113. 7.10 AWARDS: In the best interest of SBBC, the Procurement & Warehousing Services Department reserves the right to withdraw this RFP at any time prior to the time and date specified for the RFP opening. The Evaluation Committee reserves the right to reject any or all proposals received when there is sound documented business reason(s) that serve the best interest of SBBC. The Evaluation Committee reserves the right to accept any item or groups of items unless qualified by the Proposer. All awards made as a result of this RFP shall conform to applicable Florida Statutes and be governed by the laws of the State of Florida and must have a venue established in the 17th Judicial Circuit Court of Broward County, Florida or the United States Court of the Southern District of Florida. 7.11 PROPOSAL OPENING: Proposal opening shall be public, on the date and at the time specified in the RFP. Any proposal(s) received after that time shall not be considered for award. (See Required Response Form Section 1.0) 7.12 ADVERTISING: In submitting a proposal, Proposer agrees not to use the results therefrom as a part of any commercial advertising without prior approval of the School Board. 7.13 INSPECTION, ACCEPTANCE & TITLE: Inspection and acceptance will be at destination unless otherwise provided in the RFP. Title to/or risk of loss or damage to all items shall be the responsibility of the Awardee until acceptance by SBBC unless loss or damage resulting from negligence by SBBC. If the materials or services supplied to SBBC are found to be defective or not conform to specifications, SBBC reserves the right to cancel the order upon written notice to the Awardee(s) and return the product at Awardee’s expense. 7.14 PAYMENT: Payment will be made by SBBC after the items awarded have been received, inspected, found to comply with award specifications and free of damage or defect, and properly invoiced. Services will be paid after the service has been performed and meets the requirements of the RFP. All payments will be made by ACH (Automated Clearing House) for automatic deposits (credits). 7.15 CONFLICT OF INTEREST AND CONFLICTING EMPLOYMENT OR CONTRACTUAL RELATIONSHIP: Section 112.313 (3) and (7), Florida Statutes, sets forth restrictions on the ability of SBBC employees acting in a private capacity to rent, lease, or sell any realty, goods or services to SBBC. It also places restrictions on SBBC employees concerning outside employment or contractual relationships with any business entity which is doing business with SBBC. Each Proposer is to disclose any employees it has who are also SBBC employees by submitting Attachment B, Disclosure of Potential Conflict of Interest and Conflict Employment or Contractual Relationship, with its proposal. Any employees identified by the Proposer when completing Attachment B should obtain legal advice as to their obligations and restrictions under Section 112.313 (3) and (7), Florida Statutes. 7.16 INSURANCE: Proposer, by virtue of submitting a proposal, shall be in full compliance with paragraph 7.24 LIABILITY INSURANCE, LICENSES AND PERMITS of the General Conditions. Insurance Requirements are shown in Section 6.3 of this RFP. The Proposer shall take special notice that SBBC shall be named as an additional insured under the General Liability policy including Products Liability. (Refer to the Special Conditions of the RFP for the threshold requirements) The insurance policies shall be issued by companies qualified to do business in the State of Florida. The insurance companies must be rated at least A -VI by AM Best or Aa3 by Moody's Investor Service. All policies must remain in effect during the performance of the contract. 7.17 LICENSES, CERTIFICATIONS, AND REGISTRATIONS : As of the RFP Opening Date, Proposer must have all Licenses, Certifications and Registrations required when performing the services as described herein, in order for a proposal to be considered a responsive and responsible proposal. Licenses, Certifications and Registrations required for this RFP shall be as required by Chapter 489, Florida Statutes, as currently enacted or as amended from time to time; by the State Requirements for Educational Facilities (SREF), latest version; and by Broward County, Florida. The proposer must submit a copy of all its current Licenses, Certifications and Registrations required as described herein, either with its proposal or within five (5) working days of notification. An Awardee who has any License, Certification, or Registration either suspended, revoked or expired after the date of the Bid Opening shall provide notice to the Director of Procurement & Warehousing Services Department within five (5) working days of such suspension, revocation or expiration. However, such suspension, revocation or expiration after the date of the RFP opening shall not relieve the Awardee of its responsibilities under a contract awarded under this RFP. 7.18 PRIORITY OF DOCUMENTS: In the event of a conflict between the documents, the order of priority of the documents shall be as follows: a) Any Agreement resulting from the award of this RFP; then b) Addenda released for this RFP, with the latest Addendum taking precedence; then c) The RFP; then d) Awardee’s proposal. 7.18.1 DISPUTES: In the event, any dispute or difference of opinion concerning the interpretation of the Agreement and any documents incorporated therein, the decision of SBBC shall be final and binding upon all parties. 7.19 PATENTS & ROYALTIES: Awardee(s), without exception, shall indemnify and save harmless The School Board of Broward County, Florida and its employees from liability of any nature or kind, including cost and expenses for any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by The School Board of Broward County, Florida. If the Awardee(s) uses any design, device, or materials covered by letters, patent, or copyright, it is mutually understood and agreed without exception that the proposal prices shall include all royalties or cost arising from the use of such design, device or materials in any way involved in the work. 7.20 OSHA: Awardee warrants that the product(s) supplied to The School Board of Broward County, Florida shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1970, as amended, and the failure to comply with this condition will be considered as a breach of contract. 7.21 SPECIAL CONDITIONS: The Superintendent or Designee has the authority to issue Special Conditions and Specifications as required for individual proposals. Any and all Special Conditions that may vary from these General Conditions shall have precedence. 7.22 NONDISCRIMINATION: The respondent hereby certifies and agrees that the following information is correct: In preparing its response on this project, the respondent has considered all proposals submitted from qualified, potential subcontractors and suppliers, and has not engaged in "discrimination" as defined in the District’s Policy No. 3330 – Supplier Diversity Outreach Program, Section D.1; to wit: discrimination in the solicitation, selection, or commercial treatment of any subcontractor, vendor, supplier, or commercial customer on the basis of race, color, religion, ancestry or national origin, sex, age, marital status, sexual orientation or on the basis of disability or other unlawful forms of discrimination. Without limiting the foregoing, "discrimination" also includes retaliating against any person or other entity for reporting any incident of "discrimination." Without limiting any other provision of the solicitation for responses on this project, it is understood and agreed that, if this certification is false, such false certification will constitute grounds for the School District to reject the response submitted by the respondent on this project, and terminate any contract awarded based on the response. As part of its response, the respondent shall provide to the School District a list of all instances within the immediate past four (4) years where there has been a final adjudicated determination in a legal or administrative proceeding in the State of Florida that the respondent discriminated against its subcontractors, vendors, suppliers, or commercial customers, and a description of the status or resolution of that complaint, including any remedial action taken. As a condition of submitting a response to the School Board, the respondent agrees to comply with the District’s Commercial Nondiscrimination Policy as described under its School Board Policy No. 3330 – Supplier Diversity Outreach Program, Section D.1. 7.23 QUALITY: All materials used for the manufacture or construction of any supplies, materials, or equipment covered by this RFP shall be new unless otherwise specified. The items bid must be new, the latest model of the best quality and highest grade workmanship. Product(s) offered that have not been previously used in any way and are being actively marketed by the manufacturer will be accepted. Minor parts within the product(s) may have remanufactured components. Therefore, reconditioned, refurbished, rebuilt, discontinued, used, shopworn, demonstrator, prototype or other types of product(s) of this kind are not acceptable and will be rejected. 7.24 LIABILITY INSURANCE, LICENSES, AND PERMITS: Where Awardees are required to enter or go onto School Board property to deliver materials or perform work or services as a result of an RFP award, the Awardee agrees to The Hold Harmless Agreement stated herein and will assume the full duty obligation and expense of obtaining all necessary licenses, permits and insurance. The Awardee shall be liable for any damages or loss to the School Board occasioned by the negligence of the Awardee (or agent) or any person the Awardee has designated in the completion of the contract as a result of their bid. 402 RFP25-093: Demolition Services RFP No. RFP25-093 The School Board of Broward County, Florida Page 22 of 57 Pages Broward County Public Schools Is An Equal Opportunity/Equal Access Employer 7.25 BID BONDS, PERFORMANCE BONDS AND CERTIFICATES OF INSURANCE : Bid bonds, when required, shall be submitted with the proposal in the amount specified in Special Conditions. Bid bonds will be returned to non-Awardees. After acceptance of the proposal, the School Board will notify the Awardee to submit a performance bond and certificate of insurance in the amount specified in Special Conditions. Upon receipt of the performance bond, the bid bond will be returned to the Awardee. 7.26 CANCELLATION: In the event any of the provisions of this RFP are violated by the Awardee, the Director of Procurement & Warehousing shall give written notice to the Awardee stating the deficiencies and unless deficiencies are corrected within five (5) business days (or as required), recommendation will be made to the School Board for immediate cancellation of the Awardee’s contract. 7.27 BILLING INSTRUCTIONS: Invoices, unless otherwise indicated, must show Purchase Order numbers and shall be submitted in duplicate to The School Board of Broward County, Florida, Accounting and Financial Reporting Department, Attn: Accounts Payable, 600 S.E. 3rd Avenue, 7th Floor, Fort Lauderdale, Florida 33301. Payment will be made a minimum of thirty (30) days after delivery, authorized inspection and acceptance. When vendors are directed to send invoices to a school, the school will make direct payments to the vendor. 7.28 DELIVERING TO CENTRAL WAREHOUSE: Receiving hours are Monday through Friday (excluding state holidays and days during which the school district administration is closed) 7:00 a.m. to 2:00 p.m. ET. 7.29 SUBSTITUTIONS: The School Board of Broward County, Florida, WILL NOT accept substitute shipments of any kind. Awardees are expected to furnish the brand/manufacturer quoted in their proposal once awarded by the School Board. Any substitute shipments shall be returned at the Awardee's expense. 7.30 FACILITIES: SBBC reserves the right to inspect the Awardee's facilities at any time with prior notice. SBBC may use the information obtained from this in determining whether a Proposer is a responsible bidder. 7.31 ASBESTOS AND FORMALDEHYDE STATEMENT: All building materials, pressed boards, and furniture supplied to SBBC shall be 100% asbestos-free. It is desirous that all building materials, pressed boards and furniture supplied to the School Board also be 100% formaldehyde-free. Proposer, by virtue of bidding, certifies by signing the proposal that, if awarded this RFP, only building materials, pressed boards, and/or furniture that is 100% asbestos-free will be supplied. 7.32 ASSIGNMENT: Neither any award of this RFP nor any interest in any award of this RFP may be assigned, transferred or encumbered by any party without the prior written consent from the Director, Procurement & Warehousing Services. There shall be no partial assignments of this RFP, including, without limitation, the partial assignment of any right to receive payments from SBBC. 7.33 EXTENSION: In addition to any extension options contained herein, SBBC is granted the right to extend any award resulting from this RFP for the period of time necessary for SBBC to release, award and implement a replacement RFP for the goods, products and/or services provided through this RFP. Such extension shall be upon the same prices, terms, and conditions as existing at the time of SBBC’s exercise of this extension right. The period of any extension under this provision shall not be for a period in excess of six (6) months from (a) the termination date of a contract entered into as a result of this bid or (b) the termination date under any applicable period of extension under a contract entered into as a result of this bid. When a subsequent contract award process for the award of the goods or services sought under this competitive solicitation is stopped due to the filing of a formal written protest, The School Board reserves the right to extend any contract awarded under this competitive solicitation for the goods or services contained in the subsequent competitive solicitation that is being protested. Such extension shall be until such time as the new award under protest can be approved by The School Board. 7.34 OMISSION FROM THE SPECIFICATIONS: The apparent silence of this specification and any Addendum regarding any details or the omission from the specification of a detailed description concerning any point shall be regarded as meaning that only the best available units or service shall be provided and the best commercial practices are to prevail and that only materials and workmanship of first quality are to be used. All interpretations of this specification shall be made upon the basis of this Agreement. 7.35 SUBMITTAL OF INVOICES: All Proposers are hereby notified that any invoice submitted as a result of the award of this RFP must be in the same format as any Purchase Order released as a result of the award of this RFP. Each line of the invoice must reference a corresponding single line shown on the Purchase Order. A single invoice line must not correspond to or commingle the cost shown on multiple Purchase Order lines. An invoice submitted that does not follow the same format and line numbering as shown on the Purchase Order will be deemed to be not correct and will be returned to the vendor by the Accounts Payable Department for correction. The address for submitting invoices is included in Purchase Order. 7.36 PURCHASE AGREEMENT: This RFP, written Agreement, and the corresponding Purchase Orders will constitute the complete agreement. SBBC will not accept proposed terms and conditions that are different than those contained in this RFP, including pre- printed text contained on catalogs, price lists, other descriptive information submitted or any other materials. By virtue of submitting a proposal, Awardee(s) agrees to not submit to any SBBC employee, for signature, any document that contains terms and conditions that are different than those contained herein and that in the event any document containing any term or condition that differs from those contained herein is executed, said document shall not be binding on SBBC. 7.37 SBBC INFORMATION SECURITY GUIDELINES: It is the responsibility of the Awardee to read and adhere to the SBBC Information Security Guidelines when using any device connected to the SBBC’s network. Following the conclusion of the contract term, all of SBBC’s confidential information must be removed from Awardee’s equipment and all access privileges must be revoked. The final payment will be withheld until the Awardee has confirmed, in writing, that all SBBC’s confidential information has been purged from any and all electronic technology devices that were used during this contract and were connected to the SBBC’s network. 7.38 SUPPLIER DIVERSITY OUTREACH PROGRAM (SDOP) PARTICIPATION: SBBC has implemented a Supplier Diversity Outreach Program (SDOP) as part of the SBBC's competitive solicitation and contracting activity in accordance with School Board Policy 3330, Supplier Diversity Outreach Program. The purpose of the program is to utilize available small, minority, and women businesses within the Board’s market area to compete for the award of SBBC construction and purchasing contracts. S/M/WBE vendors utilized for this contract must be certified by SBBC’s Supplier Diversity Outreach Program Office prior to the submission of a bid proposal. For information on S/M/WBE Certification, contact SBBC’s Supplier Diversity Outreach Program at 754-321-0550 or http://www.browardschools.com/Page/58686. 7.39 SBBC PHOTO IDENTIFICATION BADGE & BACKGROUND SCREENING: Awardee agrees to comply with all the requirements of Sections 1012.32 and 1012.465, Florida Statutes, and that Awardee and all its personnel who (1) are to be permitted access to school grounds when students are present, (2) will have direct contact with students, or (3) have access or control of school funds will successfully complete the background screening required by the referenced statutes and meet the standards established by the statutes. Personnel shall include employees, representatives, agents, or sub-contractors performing duties under the contract to SBBC and who meet any or all of the three (3) requirements identified above. This background screening will be conducted by SBBC in advance of the Awardee or its personnel providing any services. The awardee will bear the cost of acquiring the background screening required under Section 1012.32, Florida Statutes, and any fee imposed by the Florida Department of Law Enforcement to maintain the fingerprints provided with respect to the Awardee and its personnel. The Parties agree that the failure of Awardee to perform any of the duties described in this section shall constitute a material breach of this ITB entitling SBBC to terminate immediately with no further responsibilities or duties to perform under this Agreement. Awardee agrees to indemnify and hold harmless SBBC, its officers and employees of any liability in the form of physical or mental injury, death or property damage resulting in Awardee’s failure to comply with the requirements of this section or Sections 1012.32 and 1012.465, Florida Statutes. SBBC issued identification badges must be worn at all times when on SBBC property and must be worn where they are visible and easily readable. As of 7/01/15, Fieldprint, Inc. has been contracted to provide all background and fingerprinting services. All questions pertaining to fingerprinting, photo identification and background check services must be directed to the Project Coordinator at 754-321-1830 or 754-321-2374. Each individual, for whom an SBBC photo identification badge is requested, must be registered into the Fieldprint, Inc. applicant enrollment website. A background check will be conducted for each badge applicant. SBBC reserves the right to require additional information, should it be necessary, and to deny the issuance of a badge to an applicant. Any applicant, that has been denied a badge, is prohibited from entering SBBC property as an employee, sub-contractor or agent of a contract Awardee. Applicant enrollment and scheduling website is www.fieldprintbrowardschools.com. The total fee(s) for the SBBC photo identification badge, fingerprinting and an FBI background check can be found at the following website: https://www.browardschools.com/Page/35284 Click on link for Fieldprint Codes and Pricing Payment options can be made by electronic check (e-check), Visa, MasterCard, or use of an established escrow account code. (Continued)…. 403 RFP25-093: Demolition Services RFP No. RFP25-093 The School Board of Broward County, Florida Page 23 of 57 Pages Broward County Public Schools Is An Equal Opportunity/Equal Access Employer These fees are non-refundable and are subject to change without notice. Badges are issued for a one-year period and must be renewed annually. The renewal date will be one (1) year from the date of issuance. Failure to renew the badge, at that time, will result in the vendor being required to re-apply and pay the going rate for badging and fingerprinting. Vendors shall return expired and/or terminated employee badges to the following location: The School Board of Broward County, Florida, Attn: Fieldprint, Inc., 600 S.E. 3rd Avenue, Fort Lauderdale, Florida 33301. 7.40 PROTESTING OF BID CONDITIONS/SPECIFICATIONS: Any person desiring to protest the conditions/specifications in this RFP or any Addenda subsequently released thereto, shall file a notice of intent to protest, in writing, within 72 hours after electronic release of the competitive solicitation or Addendum and shall file a formal written protest within ten (10) calendar days after the date the notice of protest was filed. Saturdays, Sundays, state holidays or days during which the school district administration is closed shall be excluded in the computation of the 72 hours. If the tenth calendar day falls on a Saturday, Sunday, state holiday or day during which the school district administration is closed, the formal written protest must be received on or before 5:00 p.m. ET of the next calendar day that is not a Saturday, Sunday, state holiday or day during which the school district administration is closed. Section 120.57(3)(b), Florida Statutes, as currently enacted or as amended from time to time, states that “The formal written protest shall state with particularity the facts and law upon which the protest is based.” Failure to file a notice of protest or to file a formal written protest within the time prescribed by Section 120.57(3), Florida Statutes, or a failure to post the bond or other security required by SBBC Policy 3800 within the time allowed for filing a bond, shall constitute a waiver of proceedings. The failure to post the bond required by SBBC Policy 3800, Part XI, as currently enacted or as amended from time to time, shall constitute a waiver of proceedings. Notices of protest, formal written protests, and the bonds required by SBBC Policy 3800, shall be filed at the office of the Director, Procurement & Warehousing Services, 7720 West Oakland Park Boulevard, Suite 323, Sunrise, Florida 33351-6704 (fax 754-321- 0936). Fax filing will not be acceptable for the filing of bonds. 7.41 POSTING OF BID RECOMMENDATIONS/TABULATIONS: RFP Recommendations and Tabulations will be posted on DemandStar on SEE SECTION 2.0 - CALENDAR and will remain posted for 72 hours. Any change to the date and time established herein for the posting of RFP Recommendations/Tabulations shall be posted in at DemandStar (under the document section for this RFP). In the event the date and time of the posting of RFP Recommendations/Tabulations are changed, it is the responsibility of each Proposer to ascertain the revised date of the posting of RFP Recommendations/Tabulations. Any person desiring to protest the intended decision shall file a notice of protest, in writing, within 72 hours after the posting of the RFP tabulation and shall file a formal written protest within ten (10) calendar days after the date the notice of protest was filed. Saturdays, Sundays, state holidays and days during which the school district administration is closed shall be excluded in the computation of the 72 hours. If the tenth calendar day falls on a Saturday, Sunday, state holiday or day during which the school district administration is closed, the formal written protest must be received on or before 5:00 p.m. ET of the next calendar day that is not a Saturday or Sunday, state holiday or days during which the school district administration is closed. No submissions made after the Bid opening amending or supplementing the Bid shall be considered. Section 120.57(3)(b), Florida Statutes, as currently enacted or as amended from time to time, states that “The formal written protest shall state with particularity the facts and law upon which the protest is based”. Any person who files an action protesting an intended decision shall post with SBBC, at the time of filing the formal written protest, a bond, payable to SBBC, in an amount equal to one percent (1%) of SBBC’s estimate of the total volume of the contract. SBBC shall provide the estimated contract amount to the Proposer within 72 hours, excluding Saturdays, Sundays and other days during which SBBC administration is closed, of receipt of notice of intent to protest. The estimated contract amount is not subject to protest pursuant to Section 120.57(3), Florida Statutes. The bond shall be conditioned upon the payment of all costs which may be adjudged against the protestant in an Administrative Hearing in which the action is brought and in any subsequent appellate court proceeding. In lieu of a bond, SBBC may accept a cashier's check, official bank check or money order in the amount of the bond. If, after completion of the Administrative Hearing process and any app ellate court proceedings, SBBC prevails, SBBC shall recover all costs and charges which shall be included in the Final Order or judgment, including charges made by the Division of Administrative Hearings, but excluding attorney's fees. Upon payment of such costs and charges by the protestant, the bond shall be returned. If the protestant prevails, then the protestant shall recover from the School Board all costs and charges which shall be included in the Final Order or judgment, excluding attorney's fees. All documentation necessary for the protest proceedings will be provided electronically by SBBC. Failure to file a notice of protest or to file a formal written protest within the time prescribed by Section 120.57(3), Florida Statutes, or a failure to post the bond or other security required by SBBC Policy 3800 within the time allowed for filing a bond, shall constitute a waiver of proceedings. The failure to post the bond required by SBBC Policy 3800, Part XI, as currently enacted or as amended from time to time, shall constitute a waiver of proceedings. Notices of protests, formal written protests, and the bonds required by Policy 3800, shall be filed at the office of the Director, Procurement and Warehousing Services, 7720 West Oakland Park Boulevard, Suite 323, Sunrise, Florida 33351-6704 (fax 754-321-0936). Fax filing will not be acceptable for the filing of bonds. 7.42 AUDIT AND INSPECTION OF AWARDEE'S DOCUMENTS AND RECORDS: The District or its representative reserves the right to inspect and/or audit all the Awardee's documents and records as they pertain to the products and services delivered under this Agreement. Such rights will be exercised with notice to the Awardee to determine compliance with and performance of the terms, conditions, and specifications on all matters, rights and duties, and obligations established by this Agreement. Documents/records in any form shall be open to the District or State's representative and may include but are not limited to all correspondence, ordering, payment, inspection, and receiving records, contracts or sub- contracts that directly or indirectly pertain to the transactions between the District and the Awardee(s). (Section 7.0)) 7.43 CREDIT CARDS: Individual schools and departments may place some orders and utilize, as the form of payment, a District-issued credit card to the extent authorized by the School Board. These orders will be made via phone or fax for direct delivery and billing to the requesting work location. Please note that credit card purchases will benefit all vendors by providing immediate payment (i.e., within 48-72 hours), thereby eliminating the need to submit an invoice to the District’s Accounts Payable Department or reconcile receivable balances. For credit card purchases, all vendors must have the capability to accept fax orders, which must be confirmed by calling back the requesting work location to verify prices and obtain a credit card number. Only actual items shipped/delivered can be charged to the credit card account (i.e., no back-orders). All purchase deliveries must include a packing slip or receipt/invoice listing the items and prices of goods delivered. For security reasons, the credit card charge receipt showing the work location’s credit card number cannot be attached to the packing slip or receipt/invoice submitted as part of the purchase delivery. District work locations may request that a vendor maintains secure records of the credit card account assigned an alias or password, to avoid divulging the actual credit card number upon every purchase. 7.44 NONCONFORMANCE TO CONTRACT CONDITIONS: Items or services offered may be tested for compliance with RFP conditions and specifications at any time. Items delivered, not conforming to RFP conditions or specifications, may be rejected and returned at the vendor's expense. Services not conforming to RFP specifications shall be corrected and performed again to meet the specifications of the RFP at the expense of the Awardee. Goods or services not delivered as per delivery date in RFP and/or Purchase Order may be rejected upon delivery and/or maybe purchased on the open market. Any increase in cost may be charged against the Awardee. Any violation of these stipulations may also result in: a) Cancellation and default of contract; b) For a period of two (2) years, any proposal submitted by vendor will not be considered and will not be recommended for award. c) All departments being advised not to do business with vendor. 7.45 CONE OF SILENCE: Any proposer, or lobbyist for a proposer, is prohibited from having any communications (except as provided in this rule) concerning any solicitation for a competitive procurement with any School Board member, the Superintendent, any Evaluation Committee Member, or any other School District employee after Procurement and Warehousing Services releases a solicitation to the General Public. All communications regarding this solicitation shall be directed to the designated Purchasing Agent unless so notified by Procurement & Warehousing Services. This “Cone of Silence” period shall go into effect and shall remain in effect from the time of the release of the solicitation until the contract is awarded by the School Board. Further, any vendor, its principals, or their lobbyists shall not offer campaign contributions to School Board Members or offer contributions to School Board Members for campaigns of other candidates for political office during the period in which the vendor is attempting to sell goods or services to the School Board. This period of limitation of offering campaign contributions shall commence at the time of the “cone of silence” period for any solicitation for a competitive procurement as described by School Board Policy 3800, Part VIII, as well as School Board Policy 1007, Section 5.4 – Campaign Contribution Fundraising. Any vendor or lobbyist who violates this provision shall cause their Proposal (or that of their principal) to be considered non-responsive and therefore be ineligible for award. 7.46 TERMINATION: This contract award may be terminated with or without cause by SBBC during the term hereof upon giving the other party thirty (30) days prior written notice that The School Board is terminating the contract award 404 RFP25-093: Demolition Services RFP No. RFP25-093 The School Board of Broward County, Florida Page 24 of 57 Pages Broward County Public Schools Is An Equal Opportunity/Equal Access Employer 7.47 PACKING SLIPS: It will be the responsibility of the Awardee to attach all packing slips to the OUTSIDE of each shipment. The packing slip must reference the SBBC Purchase Order number/control number. Failure to provide a packing slip attached to the outside of shipment will result in refusal of shipment at the vendor's expense. 7.48 USE OF OTHER CONTRACTS: SBBC reserves the right to utilize any other SBBC contract, any State of Florida Contract, any contract awarded by any other city or county governmental agencies, other school boards, other community college/state university system cooperative bid agreement, or to directly negotiate/purchase per School Board policy and/or State Board Rule 6A-1.012, as currently enacted or as amended from time to time, in lieu of any offer received or award made as a result of this bid if it is in its best interest to do so. 7.49 PURCHASE BY OTHER PUBLIC AGENCIES: With the consent and agreement of the awarded contractor(s), purchases may be made under this RFP by other agencies. Such purchases shall be governed by the same terms and conditions as stated herein. 7.50 PUBLIC ENTITY CRIMES: Section 287.133(2)(a), Florida Statutes, as currently enacted or as amended from time to time, states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 for CATEGORY TWO [currently $25,000] for a period of 36 months from the date of being placed on the convicted vendor list. 7.51 SEVERABILITY: In case of any one (1) or more of the provisions contained in this RFP shall be for any reason be held to be invalid, illegal, unlawful, unenforceable or void in any respect, the invalidity, illegality, unenforceability or unlawful or void nature of that provision shall not affect any other provision, and this RFP shall be considered as if such invalid, unlawful, unenforceable or void provision had never been included herein. 7.52 DISTRIBUTION: DemandStar is the official method approved by Procurement & Warehousing Services for the distribution of all competitive solicitations including ITBs and RFPs. It is the responsibility of all interested parties to ensure they have received all necessary documents, including Addenda and have included all necessary information within their response. SBBC is not responsible for Proposer’s failure to obtain complete bidding documents from DemandStar SBBC reserves the right to reject any bid as non-responsive for failure to include all necessary documents or required Addenda. For information regarding the above-referenced solicitation, contact the designated Purchasing Agent, as stated herein. 7.53 PRICE REDUCTIONS: If, from the date of proposal opening, the Awardee either bids the same products and/or services at a lower price than offered to SBBC or reduces the price of the proposed product or service, the lowest of these reduced prices will be extended to SBBC. 7.54 LOBBYIST ACTIVITIES: In accordance with SBBC Policy 1100B, as currently enacted or as amended from time to time, persons acting as lobbyists must state, at the beginning of their presentation, letter, telephone call, e-mail or facsimile transmission to School Board Members, Superintendent or Members of Senior Management, the group, association, organization or business interest she/he is representing. a) A lobbyist is defined as a person who, for immediate or subsequent compensation (e.g., monetary profit/personal gain) represents a public or private group, association, organization or business interest and engages in efforts to influence School Board Members on matters within their official jurisdiction. b) A lobbyist is not considered a person representing school-affiliated groups (e.g., PTA, DAC, Band Booster Associations, etc.) nor a public official acting in her/his official capacity. c) Lobbyists shall annually (July 1) disclose in each instance and for each client prior to any lobbying activities, their identity and activities by completing the lobbyist statement form which can be obtained from Official School Board Records, School Board Member's Offices or the Superintendent's Office and will be recorded on the School Board of Broward County’s website, www.browardschools.com. d) The lobbyist must disclose any direct business association with any current elected or appointed official or employee of SBBC or any immediate family member of such elected or appointed official or employee of SBBC. e) Senior-level employees (Pay Grade 30 and above) and/or School Board Members are prohibited from lobbying activities for one (1) year after resignation or retirement or expiration of their term of office. 7.55 TIE BID PROCEDURES: When identical points are received from two (2) or more vendors and all other factors are equal in point value, priority for an award shall be given to vendors in the following sequence: a) A business that certifies that it has implemented a drug-free workplace program shall be given preference in accordance with the provisions of Chapter 287.087, Florida Statutes, as currently enacted or as amended from time to time; b) The School Board of Broward County, Florida, M/WBE certified vendor; c) The Broward County Certified Minority/Women Business Enterprise vendor; d) The Palm Beach County or Miami-Dade County Certified Minority/Women Business Enterprise vendor; e) The Florida Certified Minority/Women Business Enterprise vendor; f) The Broward County vendor, other than a Minority/Women Business Enterprise vendor; g) The Palm Beach County or Miami-Dade County vendor, other than a Minority/Women Business Enterprise vendor; h) The Florida vendor, whose main office is in the State of Florida, other than a Minority/Women Business Enterprise vendor. i) If the application of the above criteria does not indicate a priority for an award, the award will be decided by a coin toss. The coin toss shall be held publicly in Procurement & Warehousing Services, the tie low bid vendors invited to be present as witnesses. Included as a part of the RFP documents is a Form entitled SWORN STATEMENT PURSUANT TO CHAPTER 287.087, FLORIDA STATUTES, AS CURRENTLY ENACTED OR AS AMENDED FROM TIME TO TIME, ON PREFERENCE TO BUSINESSES WITH DRUG-FREE WORKPLACE PROGRAMS. This form will be used by the Proposer to certify that it has implemented a drug-free workplace program. 7.56 CONFIDENTIAL RECORDS: The Awardee acknowledges that certain information about the District’s students is contained in records created, maintained or accessed by the Awardee and that this information is confidential and protected by the Family Educational Rights and Privacy Act of 1974 (FERPA) (20 U.S. C. 1232g), and/or the Health Insurance Portability and Accountability Act (HIPAA) (45 CFR parts 160-164) and related District policies, as amended from time to time, currently available at www.browardschools.com. The confidential information cannot be disclosed unless valid consent is obtained from the students or their legal guardians. Both parties agree to protect these records in compliance with FERPA, HIPAA, and the District’s policy. To the extent permitted by law, nothing contained herein shall be construed as precluding either party from releasing such information to the other so that each can perform its respective responsibilities. Awardee agrees that it may create, receive from or on behalf of the District, or have access to, records or record systems that are subject to FERPA and/or HIPAA (collectively, the "Confidential Records"). Awardee represents, warrants, and agrees that it will: (1) hold the Confidential Records in strict confidence and will not use or disclose the Confidential Records except as (a) permitted or required by this Agreement, (b) required by law, or (c) otherwise authorized by the District in writing; (2) safeguard the Confidential Records according to commercially reasonable administrative, physical and technical standards as required by law; and (3) continually monitor its operations and take any and all action necessary to assure that the Confidential Records are safeguarded in accordance with the terms of this Agreement. At the request of the District, Awardee agrees to provide the District with a written summary of the procedures Awardee uses to safeguard the Confidential Records. A breach of these confidentiality requirements shall constitute grounds for the District to terminate any Agreement with Awardee. 7.57 FORCE MAJEURE: Neither party shall be obligated to perform any duty, requirement or obligation under this Agreement if such performance is prevented by fire, hurricane, earthquake, explosion, wars, sabotage, accident, flood, acts of God, strikes, or other labor disputes, riot or civil commotions, epidemics, pandemics, government regulations, and the issuance or extension of existing government orders of the United States, the State of Florida, or local county and municipal governing bodies, or by reason of any other matter or condition beyond the control of either party, and which cannot be overcome by reasonable diligence and without unusual expense (“Force Majeure”). In no event shall lack of funds on the part of either party be deemed Force Majeure. In the event that a vendor does not provide goods or services due to Force Majeure for a contract awarded through a competitive solicitation, SBBC reserves the right to avoid a disruption in the provision of such goods or services by purchasing them either from an alternate awardee or by obtaining pricing from at least two (2) prospective vendors. 7.58 GRATUITIES: Proposer(s) shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of SBBC; including any School Board Member, Superintendent of Schools and any Evaluation Committee Members, for the purpose of influencing consideration of their Proposal. 7.59 PREPARATION AND COST OF PROPOSAL: Proposer is solely responsible for any and all costs associated with responding to this RFP. SBBC will not reimburse any Proposer for any costs associated with the preparation and submittal of any Proposal, or for any travel and per diem costs that are incurred by any Proposer 405 RFP25-093: Demolition Services RFP No. RFP25-093 The School Board of Broward County, Florida Page 25 of 57 Pages Broward County Public Schools Is An Equal Opportunity/Equal Access Employer 7.60 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY OR VOLUNTARY EXCLUSION – Lower Tier Covered Transactions: Executive Order 12549, as currently enacted or as amended from time to time, provides that, to the extent permitted by law, Executive departments and agencies shall participate in a government-wide system for non-procurement debarment and suspension. A person who is debarred or suspended shall be excluded from Federal financial and non-financial assistance and benefits under Federal programs and activities. Except as provided in § 85.200, Debarment or Suspension, § 85.201, Treatment of Title IV HEA participation, and § 85.215, Exception Provision, debarment or suspension of a participant in a program by one (1) agency shall have government-wide effect. A lower tier covered transaction is, in part, any transaction between a participant [SBBC] and a person other than a procurement contract for goods or services, regardless of type, under a primary covered transaction; and any procurement contract for goods or services between a participant and a person, regardless of type, expected to equal or exceed the Federal procurement small purchase threshold fixed at 10 U.S.C. 2304(g) and 41 U.S.C. 253(g) (currently $100,000) under a primary covered transaction; or any procurement contract for goods or services between a participant and a person under a covered transaction, regardless of amount, under which that person shall have a critical influence on or substantive control over that covered transaction. A participant may rely upon the certification of a prospective participant in a lower tier covered transaction that it and its principals are not debarred, suspended, proposed for debarment under 48 CFR part 9, subpart 9.4, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. Each participant shall require participants in lower tier covered transactions to include the certification for it and its principals in any bid submitted in connection with such lower tier covered transactions. CERTIFICATION: a) The prospective lower tier participant certifies, by submission of this RFP, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. b) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this bid. Every time a proposal is submitted that includes a reference to this Form, a new Form is required. Any proposal that does not include this required Form shall not be evaluated and shall not be considered for award. A signature is required on BOTH, the Debarment Form, AND the Required Response Form. A signature on one document cannot be substituted for the signature required on the other document. Failure to complete and sign both documents requiring signature shall result in rejection of the proposal submitted. 7.61 PUBLIC INSPECTION OF PROPOSALS: Pursuant to Section 119.071 (1)(b), Florida Statutes, responses received as a result of this RFP shall be exempt from public inspection and copying until thirty (30) days after the opening of the proposals or until posting of the recommendation for intended award, whichever is earlier. If SBBC rejects all proposals and concurrently provides notice of its intent to reissue the competitive solicitation, the rejected proposals shall remain exempt from public inspection and copying until such time as SBBC posts notice of an intended decision concerning the reissued competitive solicitation or until SBBC withdraws the reissued competitive solicitation. If a Proposer contends that any portion of its response to the RFP is confidential and exempt from public inspection and copying, it is the Proposer’s responsibility to clearly label each such portion of its proposal as confidential and specify the applicable statutory exemption from public inspection and copying on such portion(s) of its proposal. Confidential or exempt portions of any proposal must also be submitted in a separate sealed envelope and marked as such. A failure by the Proposer to prepare and label the confidential or exempt portions of its proposal in the manner specified in this section of the RFP shall constitute a waiver by Proposer of any applicable exemptions from disclosure or any confidential status including ones that may be applicable to trade secrets under Florida law. SBBC will promptly provide a Proposer’s contact person with written notice if a public records request has been made for any portions of Proposer’s response to the RFP. SBBC will provide for the inspection or copying any non -exempt portions of any proposal in its possession in accordance with applicable law. If a Proposer wishes to preclude the inspection or copying of any non-exempt portions of its response to the RFP or if a dispute exists as to whether such portions are entitled to an exemption, the Proposer must obtain a protective order from a court of competent jurisdiction prohibiting the inspection or copying of the requested materials. The failure to timely initiate such legal proceedings shall constitute a waiver by the Proposer of any applicable exemption or confidential status of the requested materials. By submitting a response to this RFP, the Proposer agrees to waive any cause of action or claim for damages it may have against SBBC for its release of records in response to a public record other than those that are prepared and labeled as confidential or exempt as described in this section. The Proposer agrees to hold SBBC harmless from any award to a plaintiff for damages, costs or attorney’s fees based upon SBBC’s non-disclosure of portions of Proposer’s response that have been prepared and labeled as confidential or exempt from public inspection and further agrees to reimburse SBBC for any attorney’s fees and costs it may incur in the defense of such nondisclosure. 7.62 PUBLIC RECORDS: The following provisions are required by Section 119.0701, Florida Statutes, and may not be amended. Awardee(s) shall keep and maintain public records required by SBBC to perform the services required under this contract. Upon request from SBBC’s custodian of public records, Awardee(s) shall provide SBBC with a copy of any requested public records or to allow the requested public 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. Awardee(s) shall 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’s term and following completion of the contract if Awardee(s) does not transfer the public records to SBBC. Upon completion of the contract, Awardee(s) shall transfer, at no cost, to SBBC all public records in possession of Awardee(s) or keep and maintain public records required by SBBC to perform the services required under the contract. If Awardee(s) transfers all public records to SBBC upon completion of the contract, Awardee(s) shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Awardee(s) keeps and maintains public records upon completion of the contract, Awardee(s) shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to SBBC, upon request from SBBC’s custodian of public records, in a format that is compatible with SBBC’s information technology systems. IF A PARTY TO THIS RFP HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO ITS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE RFP, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 754- 321-1900, RECORDREQUESTS@BROWARDSCHOOLS.COM, RISK MANAGEMENT DEPARTMENT, PUBLIC RECORDS DIVISION, 600 SOUTHEAST THIRD AVENUE, FORT LAUDERDALE, FLORIDA 33301. 7.63 E-VERIFY: Pursuant to Section 448.095, Florida Statutes, any party contracting with SBBC shall register with and use the E-Verify system to verify the work authorization for all employees hired during the course of this RFP Agreement. Any such party shall require any subcontractors used to perform the duties and responsibilities under this RFP Agreement to register with and use the E-Verify system to verify the work authorization for all employees subcontractor hires during the course of this RFP Agreement. If applicable, any such party must also obtain and retain an affidavit from a subcontractor stating that the subcontractor does not employ, contract with or subcontract with anyone who is not duly authorized to work in the United States. If SBBC has a good faith belief that any such party has knowingly violated Section 448.09(1), Florida Statutes, SBBC will immediately terminate the RFP Agreement. Termination pursuant to this section is not a breach of this RFP Agreement and may not be considered as such. 7.64 DEFAULT: The parties (SBBC and Awardee) agree that, if either party is in default of its obligations under this RFP, the non-defaulting party shall provide to the defaulting party (30) calendar days’ written notice to cure the default. However, if said default cannot be cured within said thirty (30) calendar day period and the defaulting party is diligently attempting in good faith to cure same, the time period will be reasonably extended to allow the defaulting party additional cure time. Upon the occurrence of a default that is not cured during the applicable cure period, this RFP may be terminated by the non-defaulting party upon thirty (30) calendar days’ notice. This remedy is not intended to be exclusive of any other remedy, and each and every such remedy is cumulative and in addition to every other remedy 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 hereunder precludes any other or future exercise thereof. Nothing in this section shall be construed to preclude termination for convenience pursuant to section 7.46. If the default is not cured by the Awardee the steps in section 7.44 shall be taken END OF THIS SECTION 406 RFP25-093: Demolition Services RFP No. RFP25-093 The School Board of Broward County, Florida Page 26 of 57 Pages Broward County Public Schools Is An Equal Opportunity/Equal Access Employer SECTION 8.0 – FORMS AND ATTACHMENTS Please fill out all attachments. [THIS SPACE IS INTENTIONALLY LEFT BLANK] 407 RFP25-093: Demolition Services RFP No. RFP25-093 The School Board of Broward County, Florida Page 27 of 57 Pages Broward County Public Schools Is An Equal Opportunity/Equal Access Employer ATTACHMENT A – ECONOMIC DEVELOPMENT & DIVERSITY COMPLIANCE (EDDC) FORMS THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA ECONOMIC DEVELOPMENT & DIVERSITY COMPLIANCE DEPARTMENT (EDDC) This form is Mandatory and must be completed and submitted with bid proposal. Document Number 00471 EDDC - Bidder/Proposer Assurance Statement NOTE TO BIDDERS: All Bidders/Proposers must complete Document 00471 at the time of Bid submission (Attachment A) INSTRUCTIONS: The Bidder/Proposer Assurance Statement must be submitted with Proposal/Bid submission. The EDDC Department requires documentation to confirm the Bidder/Proposer is a District Certified Emerging, Small, Veteran, Minority or Women Owned Business Enterprise (E/S/V/M/WBE). EDDC’s E/S/V/M/WBE Certificate must be submitted with proposal/Bid submission. COMPANY NAME: _________________________________________________________________________ NAME OF BIDDER/PROPOSER ______________________________________________________________ 1. Is the Bidder/Proposer aware of the Affirmative Procurement Initiative assigned to this solicitation, if applicable? Yes No 2. Is the Bidder/Proposer a EDDC Certified ESVMWBE Firm: Check Mark Appropriate Box: Yes No 3. Is Bidder/Proposer Committing to Participation in Subcontracting with SBBC Certified E/S/V/M/WBE? Check Mark Appropriate Box: Yes No If YES to Question #3 Please complete and submit Documents 00470 and 00475 – Click on the link below to download EDDC Forms: Link to download Forms: Document 00470 – Statement of Intent to Perform as an S/M/WBE Subcontractor . https://www.browardschools.com/cms/lib/FL01803656/Centricity/domain/19315/compliance/00470%20Statement%20of%2 0Intent%202021 .pdf Document 00475 – Small/Minority/Women Business Enterprise Subcontractor Participation Schedule: https://www.browardschools.com/cms/lib/FL01803656/Centricity/domain/19315/compliance/00475%20Participation%20Sche dule%202021 .pdf Post – Award Monthly Compliance Monitoring/Reporting Requirements. Click the link below to access the Supplier Management System (SMS) to submit Mandatory monthly reports. Document Link: https://browardschools.smwbe.com I attest that I have read, understood, and will comply with the EDDC Requirements. Name/Title: ____________________________________________________________ Signature: ____________________________ Date: ___________________________ Economic Development & Diversity Compliance Department 7720 West Oakland Park Blvd., Suite 319, Sunrise, FL 33351 ▪ (754) 321-0770 www.BrowardSchools.com/SDOP SOLICITATION #: RFP25-093 SOLICITATION TITLE: Demolition Services 408 RFP25-093: Demolition Services RFP No. RFP25-093 The School Board of Broward County, Florida Page 28 of 57 Pages Broward County Public Schools Is An Equal Opportunity/Equal Access Employer ATTACHMENT B – SCOPE OF SERVICES 1. GENERAL INFORMATION: Whenever demolition service is required, awarded vendors will be notified to provide a proposal for each projec t. When a vendor is requested to provide a proposal for a project, the proposal must be itemized based on the prices submitted on the Bid Summary Document and Additional Information Document of this bid. The District will not accept a quote based on a “not to exceed” dollar total. All quotes must be itemized. However, it is understood that individual demolition jobs may warrant an additional educational discount. Therefore, a vendor may always submit an itemized quote that is based on a lower price than those submitted in their bid documents. Award for the project will be based on the total lowest price after adjustments have been made for all preferences that may be applicable. Pricing provided on the Additional Information Document will not be considered in the award of this bid. The School District reserves the right to award all demolition projects less than 3,500 square feet to the vendor offering th e lowest price for the specified type of structure based on pricing submitted in the Bid Summary Excel of the bid after adjustments have been made for all preferences that may be applicable. The District’s representative will meet the awarded vendor on site for the purpose of conducting field measurements and noting exceptions and irregularities for the project. The awarded vendor will also provide the District’s representative with a written time line reflecting daily estimated percentages of progress for the completion of a p roject. If the project completion can be accomplished within 72 hours or less, submission of the schedule will not be required. 2. DEMOLITION PROCEDURES: Upon receipt of Notice to Proceed, the awarded vendor (hereinafter referred to as the contractor) sha ll furnish all labor, supervisors, equipment, machinery, tools, materials, trans portation, and other facilities and services necessary to complete all work specified herein inclusive of portable toilet facilities. Prior to the commencement of work a joint meeting between the contractor and the School District’s representative shall b e conducted to review the scope of work. Contractor shall document disconnection of above and underground utilities which include but are not limited to water, sewage, gas, electric, phone and cable television. Documentation shall accompany the invoice for payment. Material (debris) demolished will be transported to a land fill approved by the Solid Waste Authority, Department of Environmental Protection, or to an approved recycler or permitted clean fill site for disposal . COPIES OF ALL WASTE DISPOSAL RECORDS SHALL BE PROVIDED TO THE OWNER AS PROOF OF PROPER DISPOSAL AS AN ATTACHMENT TO THE FINAL INVOICE FOR PAYMENT. PAYMENT WILL NOT BE MADE UNTIL ACCEPTABLE WASTE DISPOSAL RECORDS ARE RECEIVED. When required, backfill shall be accomplished with clean fill, free of rocks and vegetation. After fill placement and compaction, grade the surface to meet adjacent contours and to provide flow to surface drainage structures if present. Surface depressions occurring within 30 days after completions of project sha ll be filled and graded by the contractor at no cost to the owner. 409 RFP25-093: Demolition Services RFP No. RFP25-093 The School Board of Broward County, Florida Page 29 of 57 Pages Broward County Public Schools Is An Equal Opportunity/Equal Access Employer ATTACHMENT B – SCOPE OF SERVICES (Continued) Should the contractor encounter material which they identify as having the potential of being hazardous waste (e.g. asbestos, underground storage tanks or other unexpected substances), they shall cease work immediately and notify the District’s representative Demolition shall be total removal of underground footings and pilings. Depressions caused by the contractor's activity shall be backfilled and compacted with clean backfill material provided by contractor, when required. Underground sanitation lines shall be removed to the city easement line, and capped with a permanent cap. As -built site plans are not available for all locations including all utilities (e.g. Irrigation). The District may provide an aerial view depicting the structures to be demolished. The contractor shall mark the location of all city/county/private utility lines they can identify. Free standing walls shall be leveled by the end of the work day. When required, a security guard shall be provided during the periods that contractor is not conducting demolition at the site. This shall include nights and weekends. The cost of security services shall be a separate bid item as noted in the Additional Information Section of the bid. The number of security guards required varies depending upon size of the structure to be demolished and layout of the site. Temporary fencing with windscreen shall be erected around larger demolition projects. The District’s representative shall identify the sites and conditions requiring temporary fencing. Equipment, materials and machinery left on site by the contractor at the conclusion of each work day shall be secured. The School District of Broward County assumes no responsibility directly or implied for the vandalizing or theft of equipment o n site or operated on site during the course of the demolition. All equipment, supplies and other items owned by the contractor shall be removed im mediately upon completion of the project. Damage to city, county, state or private sidewalks, underground a nd above ground utilities, structures not part of the demolition project and personal property of any nature caused as a result of the contractor’s activity shall be repaired or replaced by the contractor at no cost to the owner. A written notice of satisfactory replacement or repair shall be provided to the district representative by the contractor and signed by the governmental representative or pri vate individual. This notice shall become a part of the project file to resolve future claims for damage. Demolition shall be accomplished in a systematic professional manner, with care and safeguards taken to protect adjacent property, contractor’s employees, welfare and safety of the general public. Occupational Safety and Health Administration rules and regulation shall be observed at all times. Water and electrical power required for completion of the project shall be supplied by contractor. [REMAINDER OF PAGE INTENTIALLY LEFT BLANK] 410 RFP25-093: Demolition Services RFP No. RFP25-093 The School Board of Broward County, Florida Page 30 of 57 Pages Broward County Public Schools Is An Equal Opportunity/Equal Access Employer ATTACHMENT B – SCOPE OF SERVICES (Continued) 3. INSPECTION: Contractor shall not conceal or render inaccessible work of any nature until it has been examined and approved by the District inspector. All work concealed or rendered inaccessible with no record or notification of inspection shall be uncovered by the contractor at no expense to the owner. Contractor shall contact the District representative following completion of demolition and establish a time f or owner's inspector and any public authority representative required to ensure that work has been executed in accordance with specifications and all applicable codes. Contractor shall be responsible for notification of any public authority having jurisdi ction on the demolition project as to the time and place of final inspection. Contractor shall provide written description for demolition removal procedures and schedule prior to commencement. 4. SCHEDULING: All projects shall be done on a continuous basi s. Lags or gaps in the time task schedule for any project assigned under the provisions of this contract are unacceptable and may, at the owner's discretion, be grounds for termination of this contract. 5. POLLUTION CONTROLS: Contractor shall use water sprinkling, (minimum 1½” diameter hose) temporary enclosures, and other suitable methods to allow NO VISIBLE EMISSIONS and to comply with governing regulation pertaining to environmental protection. Contractor shall clean structures and other interior of dust, dirt and debris caused by demolition and return adjacent areas to conditio n existing prior to the start of the project. 6. SALVAGE: No materials salvaged from the site shall be stored or allowed to remain on site for a period exceeding 24 hours. Salvageable materials on site shall become the property of the contractor. The pote ntial revenues which will be derived from disposal of salvageable materials should be taken into consideration by bidders in the formalization of the base bid price. 7. FIELD MEASUREMENTS: Measurements used in formulating bid shall be derived by exterior measurements of structure to be demolished. Square foot results shall be multiplied by square foot bid price under the type of structure to be demolished. Where a structure is constructed of a combination of materials (e.g. concrete block and wood) the total price shall be based upon the material with the greater weight to allow for dump fees. Final determination of material used in construction of any structure shall b e made by the District’s representative. 411 RFP25-093: Demolition Services RFP No. RFP25-093 The School Board of Broward County, Florida Page 31 of 57 Pages Broward County Public Schools Is An Equal Opportunity/Equal Access Employer ATTACHMENT B – SCOPE OF SERVICES (Continued) 8. FIELD MEASUREMENTS: Measurements used in formulating bid shall be derived by exterior measurements of structure to be demolished. Square foot results shall be multiplied by square foot bid price under the type of structure to be demolished . Where a structure is constructed of a combination of materials (e.g. concrete block and wood) the total price shall be based upon the material with the greater weight to allow for dump fees. Final determination of material used in construction of any structure shall be made by the District’s representative. 9. PRICING: Contract price shall be in accordance with pricing submitted in this bid plus any discount. Proof of disposal shall be o n the load tickets submitted with the contractor's final invoice at the completion of project. Payment will not be made until acceptable waste disposal records are received. Refer to Paragraph 2 of Specifications. Quotations shall be based upon the actual square footage measured on the exterior of the structure to be demoli shed per story. All waste fees / dumping fees will remain flexible based on the current market conditions and applicable fees when the demolition work / transportation of waste material / dumping is performed. No mark-up is allowed. 10. PROJECT RECORD DOCUMENTS: Accurately record actual locations of capped utilities and sub-surface obstructions. 11. ENVIRONMENTAL AND CONSERVATION SERVICES: When applicable, the Broward County School District Environmental and Conservation Services office will collect samples to determine if Asbestos Containing Material (ACM) is present prior to the demolition of a site. When Asbestos Containing Material is present and left in the building, the, material sho uld be disposed of per Federal (EPA), State (DEP) and Local (PBC Health Department) environmental regulations. For asbestos materials required to be removed prior to demolition, the District’s Environmental and Conservation Services office will abate. NESH APs notification to the Department of Health shall be made by the Environmental and Conservation Services office a minimum of ten days prior to the start of demolition. 12. MOBILIZATION FEE: Each bidder may submit a mobilization fee that shall not exceed 5% of total project cost or $500, whichever is less. 13. WATER USAGE FEE: Each bidder may submit a water usage fee that shall not exceed 2% of total project cost or $300, whichever is less. 14. REGULATORY REQUIREMENTS: A. Conform to applicable code (NESHAPs) for demolition of structure, safety of adjacent structure, dust control. B. Obtain required permits from authorities. C. Notify affected utility companies before starting work and comply with their requirements. D. Do not close or obstruct roadways, sidewalks, and hydrants without permits. E. Conform to procedures applicable (Demolition Checklist) when discovering hazardous or contaminated materials. 412 RFP25-093: Demolition Services RFP No. RFP25-093 The School Board of Broward County, Florida Page 32 of 57 Pages Broward County Public Schools Is An Equal Opportunity/Equal Access Employer ATTACHMENT B – SCOPE OF SERVICES (Continued) 15. SITE PREPARATION: A. Provide, erect and maintain temporary barriers and security devices, when required. B. Protect existing landscaping materials, appurtenances, structures, which are not to be demolished. C. Prevent movement or settlement of adjacent structures. Provide bracing and shoring. D. Mark locations of utilities. 16. DEMOLITION REQUIREMENTS: A. Conduct demolitions to minimize interference with adjacent structures and occupancies. B. Cease operations immediately if adjacent structures appear to be in danger. Notify owner. Do not resume operations until directed. C. Conduct operations with minimum interference to public or private accesses. Maintain protected egress and access at all times. D. Pre-wet material before demolition, while also keeping material wet during demolition and material loading with water so as not to allow visible emissions. Provide hoses and water connections for this purpose (minimum 1½” diameter hoses). Garden hoses shall not be allowed. E. Disconnect, remove and cap and identify designated utilities withi n demolition areas. F. Remove foundation walls and footings to a minimum of two feet below finished grade. G. Remove concrete slabs-on-grade. H. Backfill open pits and holes caused as a result of demolition. I. Rough grade and compact areas affected by demolition to maintain site grades and contours. J. Remove demolished materials from site. K. Remove and promptly dispose of contaminated, vermin infested, or dangerous materials encountered. L. Do not burn or bury materials on site. Leave site in clean condition. M. Remove temporary work. N. Fill materials shall be natural river or bank sand, free of silt, clay, loam, friable or soluble materials or organic matt er. 17. CONTRACTORS REQUIREMENTS: The successful bidder (hereinafter referred to as the contractor) shall furnish, at their expense, all labor, supervisors, equipment, machinery, tools, materials, transportation, and other facilities and services necessary to fully complete all wor k specified herein inclusive of portable toilet facilities. Work shall be accomplished in accordance with specifications set forth herein, and all applicable state, county and local laws, codes and ordinances. In addition, the contractor shall comply with the letter and intent of all EPA, OSHA and any other pertinent federal state and local regulations concerning the work specified. Any and all work not meeting these requirements shall be corrected at no expense to the School District. Contractor shall secure and pay applicable fees, licenses necessary for the proper execution and completion of required work. The contractor shall be responsible for ALL underground utility locates, inclusive of irrigation, and shall provide two (2) copies of underground utilities locate report/plan to appropriate District official for project, prior to destruction commencement. 413 RFP25-093: Demolition Services RFP No. RFP25-093 The School Board of Broward County, Florida Page 33 of 57 Pages Broward County Public Schools Is An Equal Opportunity/Equal Access Employer ATTACHMENT B – SCOPE OF SERVICES (Continued) Contractor shall correct any and all damage caused by their operations to the District's satisfaction at no additional cost to the District inclusive of, but not limited to, Any water lines, sanitary lines, irrigation lines, electrical lines, curbs, sidewalks, fences, gates, streets, parking lots, grassed areas, broken or damaged. This shall include the correcting and reworking all sodded or grassed areas damaged due to their operations. The contractor shall provide protection to buildings, structures and utilities that are under or above the ground, or on the surface, from contractor's operations that may be hazardous and/or damaging to said facilities. The contractor shall be responsible for the protection of personnel against hazards or injuries due to the demolition operation at the work site. The public shall be protected at all times from danger areas where injury may occur and all dange r areas must be clearly marked. The contractor shall be responsible to ensure frequent pick-up of all refuse, rubbish, scrap materials, and debris that result from their operations so that work site presents a neat and orderly appearance at all times. All rubbish, scrap, etc., shall be transported from the premises. NO rubbish shall be deposited as fill on the work site. At completion of work, the contractor shall remove all work materials, tools, construction equipment, machinery, and surplus materials fr om the work site and shall leave project in ready to use condition. Safeguard of all equipment, tools, materials, etc., at the work site is the contractor's responsibility. The contractor shall have an English-speaking supervisor/representative on the worksite at all times, who shall be thoroughly knowledgeable of all plans, specifications, and other contract documents and has the authority to act in the contractor's behalf. [REMAINDER OF PAGE INTENTIALLY LEFT BLANK] 414 RFP25-093: Demolition Services RFP No. RFP25-093 The School Board of Broward County, Florida Page 34 of 57 Pages Broward County Public Schools Is An Equal Opportunity/Equal Access Employer ATTACHMENT C – CONFLICT OF INTEREST MUST BE COMPLETED BY ALL PROPOSERS (See General Condition 7.15 and Section 4.2) DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST AND CONFLICTING EMPLOYMENT OR CONTRACTUAL RELATIONSHIP In accordance with General Condition 7.15, each Proposer must disclose, in its RFP, the names of any employees who are employed by the Proposer who are also an employee of SBBC. Persons identified below may have obligations and restrictions a pplicable to them under Chapter 112, Florida Statutes. Name of Proposer’s Employee SBBC Title or Position of Proposer’s Employee SBBC Department/ School of Proposer’s Employee __________________________________________ __________________________________________ _____________________________________________ __________________________________________ __________________________________________ _____________________________________________ __________________________________________ __________________________________________ _____________________________________________ __________________________________________ __________________________________________ _____________________________________________ __________________________________________ __________________________________________ _____________________________________________ Check one of the following and sign: I hereby affirm that there are no known persons employed by the Proposer who are also employees of SBBC. I hereby affirm that all known persons who are employed by Proposer and who are also employees of SBBC have been identified above. ______________________________________________ _____________________________________________________________ Signature Printed Name of Official ____________________________________________________________________________________________________________ Company Name ____________________________________________________________________________________________________________ Business Address ____________________________________________________________________________________________________________ City, State, Zip Code 415 RFP25-093: Demolition Services RFP No. RFP25-093 The School Board of Broward County, Florida Page 35 of 57 Pages Broward County Public Schools Is An Equal Opportunity/Equal Access Employer ATTACHMENT D – DEBARMENT MUST BE COMPLETED BY ALL PROPOSERS (See General Condition 7.60 and Section 4.2) CERTIFICATION OF DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION LOWER TIER TRANSACTIONS (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON NEXT PAGE.) This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 45 CFR 1183.35, Participants' responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211). Copies of the regulations may be obtained by going to this link: http://www.gpo.gov/fdsys/granule/CFR-2011-title45-vol3/CFR-2011-title45-vol3-sec1183-35. (1) The prospective lower-tier participant certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (2) Where the prospective lower-tier participant is unable to certify any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. _______________________________________________________________________________________________________________________ Organization Name _____________________________________________________________________________________________________________________ Name(s) and Title(s) of Authorized Representative(s) ______________________________________________________________________________________ _______________________________ Signature(s) Date [THIS SPACE IS INTENTIONALLY LEFT BLANK] 416 RFP25-093: Demolition Services RFP No. RFP25-093 The School Board of Broward County, Florida Page 36 of 57 Pages Broward County Public Schools Is An Equal Opportunity/Equal Access Employer INSTRUCTIONS FOR ATTACHMENT D - CERTIFICATION OF DEBARMENT 1. By signing and submitting this proposal, the prospective lower-tier participant will provide the certification set out below. 2. The certification in this clause is a material representation of the fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower-tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to whom this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms “covered transaction,” “debarred,” “suspended,” “ineligible,” “lower tier covered transaction,” “participant,” “person,” “primary covered transaction,” “principal,” “proposal,” and “voluntarily excluded,” as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower-tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower-tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion-Lower Tier Covered Transactions,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower-tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Non-procurement List (Telephone Number). 8. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant are not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower-tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. [THIS SPACE IS INTENTIONALLY LEFT BLANK] 417 RFP25-093: Demolition Services RFP No. RFP25-093 The School Board of Broward County, Florida Page 37 of 57 Pages Broward County Public Schools Is An Equal Opportunity/Equal Access Employer ATTACHMENT E – REFERENCES MUST BE COMPLETED BY ALL PROPOSERS Company Name: ________________________________________________________________________________________________________ List the minimum number of required references as stated in the Special Conditions , which show experience in similar work, including nature and scope of work, which demonstrates expertise in providing the services as stated herein. Provide scope of work, name of firm, contact name, E-mail, telephone number, and date(s) of service. REFERENCE 1 Name of Firm: Contact Person: Contact's Email: Contact's Phone: Date(s) of Service: Scope of Work: REFERENCE 2 Name of Firm: Contact Person: Contact's Email: Contact's Phone: Date(s) of Service: Scope of Work: REFERENCE 3 Name of Firm: Contact Person: Contact's Email: Contact's Phone: Date(s) of Service: Scope of Work: 418 RFP25-093: Demolition Services RFP No. RFP25-093 The School Board of Broward County, Florida Page 38 of 57 Pages Broward County Public Schools Is An Equal Opportunity/Equal Access Employer ATTACHMENT F – COST OF SERVICES THIS EXCEL FILE MUST BE DOWNLOADED DIRECTLY FROM DEMANDSTAR SPREADSHEET: Vendor must fill out the attached Cost of Services Excel document electronically. No handwritten summary sheets will be accepted. Complete the Excel file and submit in .xls type format with your bid proposal response in Demand Star. NOTE: Carefully review each tab to ensure all applicable spaces are completed. Below is a list of the tabs: SEE ATTACHED EXCEL (.XLS) PRICING BID SUMMARY SHEET TABS AS FOLLOWS: 1) Company Representative – Must be completed by Proposer 2) Tab Pricing – Must be completed by Proposer 3) Additional Information 4) Disposal Fees 419 RFP25-093: Demolition Services RFP No. RFP25-093 The School Board of Broward County, Florida Page 39 of 57 Pages Broward County Public Schools Is An Equal Opportunity/Equal Access Employer ATTACHMENT G – WORKERS’ COMPENSATION AFFIDAVIT THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA WORKERS’ COMPENSATION AFFIDAVIT CERTIFICATION OF NUMBER OF EMPLOYEES (Complete only if your firm has less than four (4) employees) _________________________________________________________________________________ (Company Name) hereby certifies and affirms that the entity named herein has less than four (4) employees nor uses any subcontractor(s) with four (4) or more employees and will not have four (4) or more em ployees during the term of this contract. I further certify that, if during the period covered by this affidavit , the entity named herein becomes an employer with four (4) or more employees or uses subcontractor(s) with four (4) or more employees, a Certi ficate of Insurance shall be provided to The School Board of Broward County, Florida, within five (5) business days. With respect to the construction industry, all employment in which one (1) or more employees are employed shall provide evidence of Workers’ Compensation coverage. Under penalties of perjury, I declare that I have read the foregoing Workers’ Compensation Affidavit and that the facts stated in it are true. . Electronic or handwritten signature:______________________________________________________________ Print/Type Name: ___________________________________________________________________________ Title: ___________________________________________________________________________ 420 RFP25-093: Demolition Services RFP No. RFP25-093 The School Board of Broward County, Florida Page 40 of 57 Pages Broward County Public Schools Is An Equal Opportunity/Equal Access Employer ATTACHMENT H - AFFIDAVIT REGARDING THE USE OF COERCION FOR LABOR AND SERVICES MUST BE COMPLETED BY ALL PROPOSERS Respondent Vendor Name:_____________________________________________________________________________________ Vendor FEIN::_______________________________________________________________________________________________ Vendor’s Authorized Representative Name and Title:_________________________________________________________________ ___________________________________________________________________________________________________________ Vendor Address:______________________________________________________________________________________________ City:____________________________________ State: ___________________ ZIP Code: _______________________________ Phone Number:_______________________________________________________________________________________________ Email Address:________________________________________________________________________________________________ Section 787.06 Florida Statutes requires all nongovernmental entities executing renewing or extending a contract with a governmental entity to provide an affidavit signed by and officer or representative of the nongovernmental entity under penal ty of perjury that the nongovernmental entity does not use coercion for labor on services as defined I that statute. The School Board of Broward County, Florida is a governmental entity for purposes of this statute. As the person authorized to sign on behalf of Respondent, I certify that the company ident ified does not: • Use or threaten to use physical force against any person; • Restrain, isolate, or confine or threaten to restrain, isolate, or confine or threaten to restrain, isolate or confine any person without lawful authority and against her or his will, • Use lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the length and nature of the labor or services are not respectively limited and define, • Destroy, conceal, remove, confiscate, withhold, or possess any actual or purported passport, visa, or other immigration documents, or any other actual or purported government id entification document, of any person. • Cause or threaten to cause financial harm to any person, • Entice or lure any person by fraud or deceit, or • Provide a controlled substance as outlined in Schedule 1 or Schedule II of s. 893.03 to any person for the purpo se of exploitation of that person. Under penalties of perjury, I declare that I have read the foregoing affidavit regarding the use of coercion for labor and services and that the facts stated in it are true. Electronic or Handwritten Signature: ______________________________________________________________________ Print/Type Name: ______________________________________________________________________________________ Title: ________________________________________________________________________________________________ 421 RFP25-093: Demolition Services RFP No. RFP25-093 The School Board of Broward County, Florida Page 41 of 57 Pages Broward County Public Schools Is An Equal Opportunity/Equal Access Employer ATTACHMENT I – DRUG FREE WORKPLACE SWORN STATEMENT PURSUANT TO SECTION 287.087, FLORIDA STATUTES, AS CURRENTLY ENACTED OR AS AMENDED FROM TIME TO TIME, ON PREFERENCE TO BUSINESSES WITH DRUG-FREE WORKPLACE PROGRAMS. THIS FORM MUST BE SIGNED ELECTRONICALLY OR IN HANDWRITING. This sworn statement is submitted to The School Board of Broward County, Florida, By_____________________________________________________________________________________________________________________ (Print individual’s name and title) for_____________________________________________________________________________________________________________________ (Print name of entity submitting sworn statement) whose business address is _________________________________________________________________________________________________ ______________________________________________________________________________________________________________________ and (if applicable) its Federal Employer Identification Number (FEIN) is _________________________________________ (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: ______________________________________.) I certify that I have established a drug-free workplace program and have complied with the following: 1. Published a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informed employees about the dangers of drug abuse in the workplace, the bus iness’ policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Given each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1) above. 4. In the statement specified in subsection (1) above, notified the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo cont endere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Will impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee’s community by, any employee who is so convicted. 6. Am making a good faith effort to continue to maintain a drug -free workplace through implementation of this section. 7. Under penalties of perjury, I declare that I have read the foregoing Drug Free Work place and that the facts stated in it are true. _________________________________________ _ (Vendor Electronic Or Handwritten Signature) 422 RFP25-093: Demolition Services RFP No. RFP25-093 The School Board of Broward County, Florida Page 42 of 57 Pages Broward County Public Schools Is An Equal Opportunity/Equal Access Employer ATTACHMENT J – W-9 FORM Please retrieve the latest version of the W-9 form from the IRS website listed below: https://www.irs.gov/pub/irs-pdf/fw9.pdf This form can be filled out online and printed for signa ture. Only page one (1) needs to be returned. [THIS SPACE IS INTENTIONALLY LEFT BLANK] 423 RFP25-093: Demolition Services RFP No. RFP25-093 The School Board of Broward County, Florida Page 43 of 57 Pages Broward County Public Schools Is An Equal Opportunity/Equal Access Employer ATTACHMENT K – SBBC SAMPLE AGREEMENT FOR VIEWING PURPOSES ONLY AGREEMENT THIS AGREEMENT is made and entered into by and between: THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA (hereinafter referred to as “SBBC”), a body corporate and political subdivision of the State of Florida, whose principal place of business is 600 Southeast Third Avenue, Fort Lauderdale, Florida 33301 and INSERT EXACT LEGAL NAME OF OTHER PARTY (hereinafter referred to as “VENDOR”), whose principal place of business is [insert address here] WHEREAS, SBBC issued a Request for Proposal identified as RFP FY2X-XXX - Title (hereinafter "RFP"); dated ____________ and amended by Addendum No. 1, dated _________________ all of which are incorporated by reference herein, for the purpose of receiving proposals for (Repeat Title)___________________________; and WHEREAS, VENDOR offered a proposal dated ____________ (hereinafter referred to as "Proposal") which is incorporated by reference herein, in response to this RFP; and WHEREAS, VENDOR shall provide construction, operational and information technology auditing services to assist the Office of the Chief Auditor which will include, but not limited to, facility audits, general contractor audits, subcontractor payment audits, construction program oversight, sit e safety and security audits, technology audits, information systems audits, information security audits, operational audits of business/service departments, internal fund/accounts/activities of schools, and process reviews, as requested. NOW, THEREFORE, in consideration of the premises and of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: ARTICLE 1-RECITALS 1.01 Recitals. The parties agree that the foregoing recitals are true and correct and that such recitals are incorporated herein by reference. 2.01 Term of Agreement. (a) The term of this Agreement commences on ____________ (“Effective Date”) and concludes on _______________ unless terminated earlier pursuant to section 3.05 of this Agreement. The term of the Agreement may, by mutual agreement between SBBC and VENDOR, be extended for two (2) additional one-year periods and, if needed, 180 days beyond the expiration date of the renewal period. SBBC’s Procurement & Warehousing Services Department, will, if considering renewing, request a letter consenting to renewal from VENDOR, prior to the end of the term. Any renewal period shall be approved by a written Amendment to this Agreement that is approved and executed by both parties. 424 RFP25-093: Demolition Services RFP No. RFP25-093 The School Board of Broward County, Florida Page 44 of 57 Pages Broward County Public Schools Is An Equal Opportunity/Equal Access Employer (b) When a subsequent Agreement award process for the award of the goods or services sought under this competitive solicitation is stopped due to the filing of a formal written protest, SBBC reserves the right to extend any Agreement awarded under this competitive solicitation for the goods or services contained in the subsequent competitive solicitation that is being protested. Such extension shall be until such time as the new award under protest can be approved by SBBC. 2.02 Description of Services Provided. VENDOR shall provide SBBC with the Scope of Services in its Proposal and in compliance with this Agreement, the RFP and its Addenda, and as specified below: PROVIDE SCOPE OF SERVICES - HERE 2.03 Priority Documents. In the event of a conflict between documents, the following priority of documents shall govern. First: This Agreement, then; Second: Addendum No. 1, then; Third: RFP FY2X-XXX – Title, then; Fourth: Proposal submitted in response to the RFP by VENDOR. 2.04 Cost and Payment. (a) Cost. The costs to SBBC for services that VENDOR must satisfactorily render under this Agreement and the hourly cost provided below shall include all travel and out-of-pocket expenses (all-inclusive) and are as follows: PROVIDE SAMPLE COST OF SERVICES - HERE (b) VENDOR may also provide during the term of this Agreement, a written quotation to SBBC for specialized consultant services which are not directly covered under this Agreement but would be needed to perform the audit services. The written quotation shall provide the type of consultant services requested, the scope of services to be performed and cost of services which may be negotiated by SBBC with the consultant and VENDOR. (c) Payment. VENDOR shall submit a proper and appropriate invoice together with all required documentation to the Department Name, The School Board of Broward County, Florida, Address. SBBC will pay VENDOR’s proper and appropriate invoice within thirty (30) calendar days of the date of same invoice. (Note: If vendor is a SMWBE Certified Vendor then change the thirty (30) calendar days to net seven (7) days after date of same invoice. ) (d) The costs within VENDOR’s invoices shall not exceed the total amount as stated on the Purchase Order(s) issued. VENDOR may offer, at any time to SBBC, a special educational discount for pricing and/or reduce the cost of services during the term of this Agreement. VENDOR may invoice SBBC at an hourly rate less than its original bid price at any time during the term of this Agreement. 2.05 SBBC Disclosure of Education Records (Written in conjunction with Todd Sussman) (Purposes) Section (a) should list all of the purposes that SBBC will give student education records to an outside party/vendor. ANY student information is considered an education record, even if it is not academic. The first purpose listed must be a user-friendly description of the program or service. (a) SBBC staff will provide _______________with the education records in this section for the following purposes: 425 RFP25-093: Demolition Services RFP No. RFP25-093 The School Board of Broward County, Florida Page 45 of 57 Pages Broward County Public Schools Is An Equal Opportunity/Equal Access Employer (1) [overall description of program or service in user-friendly terms] (2) [The number of purposes varies by agreement] (3) ----- (4) ----- -------- (Types) Section b lists all the types of student records given to an outside party/vendor as well as method of delivery. Different methods of delivery will need their own subsection (i.e.: a,b,c) (b) SBBC will provide ____________________ with the following education records, via _______________ [method of delivery] (1) Student first and last name (2) ___________________ (3) ___________________ -------- NOTES: At times if an SBBC database will be accessed by a vendor, only the types of records needed and information about the specific students served is allowed to be accessed by the vendor. Anything beyond that is a violation of FERPA. Some agreements cover disclosures made via the District’s integration system (currently: Clever). Please verify (with IT) that any disclosures listed with this method are do-able. --------- 2.06 VENDOR Safeguarding the Confidentiality of Education Records (a) Notwithstanding any provision to the contrary within this Agreement, ________ shall: 1) fully comply with the requirements of Sections 1002.22, 1002.221, and 1002.222, Florida Statutes; the Family Educational Rights and Privacy Act, 20 U.S.C § 1232g (FERPA) and its implementing regulations (34 C.F.R. Part 99), and any other state or federal law or regulation regarding the confidentiality of student information and records; 2) hold any education records in strict confidence and not use or re-disclose same except as required by this Agreement or as required or permitted by law unless the parent of each student or a student age 18 or older whose education records are to be shared provides prior written consent for their release; 3) ensure that, at all times, all of its employees who have access to any education records during the term of their employment shall abide strictly by its obligations under this Agreement, and that access to education records is limited only to its employees that require the information to carry out the responsibilities under this Agreement and shall provide said list of employees to SBBC upon request; 426 RFP25-093: Demolition Services RFP No. RFP25-093 The School Board of Broward County, Florida Page 46 of 57 Pages Broward County Public Schools Is An Equal Opportunity/Equal Access Employer 4) safeguard each education record through administrative, physical and technological standards to ensure that adequate controls are in place to protect the education records and information in accordance with FERPA’s privacy requirements; 5) utilize the education records solely for the purposes of providing products and services as contemplated under this Agreement; and shall not share, publish, sell, distribute, target advertise, or display education records to any third party; 6) notify SBBC immediately upon discovery of a breach of confidentiality of education records by telephone at 754-321-0421 (Assistant Director, Information Security), and 754-321-1900 (Privacy Officer), and email at privacy@browardschools.com; and take all necessary notification steps as may be required by federal and Florida law, including, but not limited to, those required by Section 501.171, Florida Statutes; 7) fully cooperate with appropriate SBBC staff, including Privacy Officer and/or Information Technology staff to resolve any privacy investigations and concerns in a timely manner; 8) prepare and distribute, at its own cost, any and all required breach notifications, under federal and Florida Law, or reimburse SBBC any direct costs incurred by SBBC for doing so, including, but not limited to, those required by Section 501.171, Florida Statutes 9) be responsible for any fines or penalties for failure to meet breach notice requirements pursuant to federal and/or Florida law; 10) provide SBBC with the name and contact information of its employee who shall serve as SBBC’s primary security contact and shall be available to assist SBBC in resolving obligations associated with a security breach of confidentiality of education records; and 11) purge education records from any media once the media is no longer in use or is to be disposed. (b) All education records shall remain the property of SBBC, and any party contracting with SBBC serves solely as custodian of such information pursuant to this Agreement and claims no ownership or property rights thereto and, upon termination of this Agreement shall, at SBBC's request, return to SBBC or dispose of the education records in compliance with the applicable Florida Retention Schedules and provide SBBC with a written acknowledgment of said disposition. (c) _______________ shall, for itself, its officers, employees, agents, representatives, contractors or subcontractors, fully indemnify and hold harmless SBBC and its officers and employees for any violation of this section, including, without limitation, defending SBBC and its officers and employees against any complaint, administrative or judicial proceeding, payment of any penalty imposed upon SBBC, or payment of any and all costs, damages, judgments or losses incurred by or imposed upon SBBC arising out of a breach of this covenant by the party, or an officer, employee, agent, representative, contractor, or sub-contractor of the party to the extent that the party or an officer, employee, agent, representative, contractor, or sub-contractor of the party shall either intentionally or negligently violate the provisions of this section or of Sections 1002.22 and/or 1002.221, Florida Statutes. This section shall survive the termination of all performance required or conclusion of all obligations existing under this Agreement. 2.07 HIPAA Compliance. ______________ acknowledges that the Health Insurance Portability and Accountability Act (“HIPAA”) and the Health Information Technology for Economic and Clinical Health Act of 2009 (“HITECH Act”) (HIPAA and HITECH Act are collectively referred to herein as “HIPAA”) protect the privacy of protected health information (“PHI”) and may be applicable to student records in certain circumstances; and shall enter into SBBC’s HIPAA Business Associate Agreement (“BAA”) attached as Attachment A. PHI may be used and disclosed only in compliance with HIPAA. 427 RFP25-093: Demolition Services RFP No. RFP25-093 The School Board of Broward County, Florida Page 47 of 57 Pages Broward County Public Schools Is An Equal Opportunity/Equal Access Employer 2.08 Data Center Control Standards (a) The Statement on Standards for Attestation Engagements (“SSAE”) 16 or SSAE 18 is a set of auditing standards and guidance on using the standards, published by the Auditing Standards Board (“ASB”) of the American Institute of Certified Public Accountants (“AICPA”), for redefining and updating how service companies report on compliance controls. (b) An SSAE 16 or SSAE 18 compliance assessment must be completed and an SSAE 16 or SSAE 18 compliance assessment report(s) must be issued before the commencement of services for each data center to be utilized and/or hosted by VENDOR or by one of VENDOR’s subcontractors in the performance of this Agreement. A copy of each SSAE 16 or SSAE 18 compl iance assessment report(s) shall be provided to SBBC within ten (10) calendar days after the Effective Date of this Agreement and before the commencement of services by the VENDOR or by any of VENDOR’s subcontractors. Each data center utilized and/or hosted by VENDOR or one of VENDOR’s subcontractors in the performance of this Agreement shall have and maintain a current SSAE 16 or SSAE 18 certification. Each data center utilized and/or hosted by VENDOR or by one of VENDOR’s subcontractors in the performance of this Agreement thereafter must, at minimum, annually complete an SSAE 16 or SSAE 18 compliance assessment and maintain SSAE 16 or SSAE 18 certification. The resulting annual SSAE 16 or SSAE 18 compliance assessment report(s) shall be provided by VENDOR to SBBC throughout the term of the Agreement and within ten (10) calendar days after its/their receipt by the VENDOR or the VENDOR’s subcontractors. Along with the two types of audits, the copies of the SSAE 16 or SSAE 18 compliance assessment reports provided to SBBC shall include any completed Service Organization Control (“SOC”) reports including (a) SOC 1 reports containing internal controls over financial reporting; (b) SOC 2 reports covering security, processing integrity, privacy controls, confidentiality and availability; and/or (c) the final SOC 3 report. SBBC is unable to execute a nondisclosure agreement (“NDA”) for its receipt of any such reports. However, any information or documents provided to SBBC by the VENDOR or any of its subcontractors that is clearly labeled as “Confidential and Exempt from Public Inspection as a Trade Secret pursuant to Section 812.081(1)(f), Florida Statutes” will only be viewed by such SBBC personnel as is necessary and will not be made available for public inspection or copying pursuant to Chapter 119, Florida Statutes, and with Section 24(a), Article I of the Florida Constitution. 2.09 Inspection of VENDOR’s Records by SBBC. VENDOR shall establish and maintain books, records, and documents (including electronic storage media) sufficient to reflect all income and expenditures of funds provided by SBBC under this Agreement. All VENDOR’s applicable records, regardless of the form in which they are kept, shall be open to inspection and subject to audit, inspection, examination, evaluation, and reproduction, during normal working hours, by SBBC’s agent or its authorized representative to permit SBBC to evaluate, analyze, and verify the satisfactory performance of the terms and conditions of this Agreement and to evaluate, analyze, and verify the applicable business records of VENDOR directly relating to this Agreement in order to verify the accuracy of invoices provided to SBBC. Such audit shall be no more than one (1) time per calendar year. (a) Duration of Right to Inspect. For the purpose of such audits, inspections, examinations, evaluations, and reproductions, SBBC’s agent or authorized representative shall have access to VENDOR’s records from the Effective Date of this Agreement, for the duration of the term of this Agreement, and until the later of five (5) years after the termination of this Agreement or five (5) years after the date of final payment by SBBC to VENDOR pursuant to this Agreement. (b) Notice of Inspection. SBBC’s agent or its authorized representative shall provide VENDOR reasonable advance written notice [not to exceed two (2) weeks] of any intended audit, inspection, examination, evaluation, and reproduction. 428 RFP25-093: Demolition Services RFP No. RFP25-093 The School Board of Broward County, Florida Page 48 of 57 Pages Broward County Public Schools Is An Equal Opportunity/Equal Access Employer (c) Audit Site Conditions. SBBC’s agent or its authorized representative shall have reasonable access to VENDOR’s facilities and to any and all records related to this Agreement, and shall be provided adequate and appropriate work space in order to exercise the rights permitted under this section. (d) Failure to Permit Inspection. Failure by VENDOR to permit audit, inspection, examination, evaluation, and reproduction as permitted under this section constitute grounds for termination of this Agreement by SBBC for cause and are grounds for SBBC’s denial of some or all of any VENDOR’s claims for payment. (e) Overcharges and Unauthorized Charges. If an audit conducted in accordance with this section discloses overcharges or unauthorized charges to SBBC by VENDOR in excess of two percent (2%) of the total billings under this Agreement, the actual cost of SBBC’s audit shall be paid by VENDOR. If the audit discloses billings or charges to which VENDOR is not contractually entitled, VENDOR shall pay said sum to SBBC within twenty (20) calendar days of receipt of written demand. (f) Inspection of Subcontractor’s Records. If applicable, VENDOR shall require any and all subcontractors, insurance agents and material suppliers (hereafter referred to as “Payees”) providing services or goods with regard to this Agreement to comply with the requirements of this section by insertion of such requirements in any written subcontract. Failure by VENDOR to include such requirements in any subcontract constitute grounds for termination of this Agreement by SBBC for cause and are grounds for the exclusion of some or all of any Payees’ costs from amounts payable by SBBC to VENDOR pursuant to this Agreement and such excluded costs shall become the liability of VENDOR. (g) Inspector General Audits. VENDOR shall comply and cooperate immediately with any inspections, reviews, investigations, or audits deemed necessary by the Florida Office of the Inspector General or by any other state or federal officials. 2.10 Notice. When any of the parties desire to give notice to the other, such notice must be in writing, sent by U.S. Mail, postage prepaid, addressed to the party for whom it is intended at the place last specified; the place for giving notice shall remain such until it is changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving notice: To SBBC: Superintendent of Schools The School Board of Broward County, Florida 600 S.E.3rd Avenue Fort Lauderdale, Florida 33301 With a Copy to: Chief Auditor Office of the Chief Auditor The School Board of Broward County, Florida 600 S.E.3rd Avenue Fort Lauderdale, Florida 33301 To VENDOR: Insert Name Provided by Other Party Insert Address Provided by Other Party With a Copy to: Insert Name Provided by Other Party Insert Address Provided by Other Party 2.11 E-Verify. Pursuant to Section 448.095, Florida Statutes, any party contracting with SBBC shall register with and use the E-Verify system to verify the work authorization for all employees hired during the course of this Agreement. Any such party shall require any subcontractors used to perform the duties and responsibilities under this Agreement to register with and use the E-Verify system to verify the work authorization for all employees 429 RFP25-093: Demolition Services RFP No. RFP25-093 The School Board of Broward County, Florida Page 49 of 57 Pages Broward County Public Schools Is An Equal Opportunity/Equal Access Employer that the subcontractor hires during the course of this Agreement. If applicable, any such party must also obtain and retain an affidavit from a subcontractor stating that the subcontractor does not employ, contract with or subcontract with anyone who is not duly authorized to work in the United States. If SBBC has a good faith belief that any such party has knowingly violated Section 448.09(1), Florida Statutes, SBBC may immediately terminate this Agreement for cause and without notice or an opportunity to cure the violation. Termination by SBBC pursuant to this section is not a breach of this Agreement and may not be considered as such. 2.12 Background Screening. VENDOR shall comply with all requirements of Sections 1012.32, 1012.465, 1012.467, and 1012.468, Florida Statutes, and all of its personnel who (a) are to be permitted access to school grounds when students are present, (b) will have direct contact with students, or (c) have access or control of school funds, will successfully complete the background screening required by the referenced statutes and meet the standards established by the statutes. Personnel who are subject to background screening include all of VENDOR’s non-exempt employees, representatives, agents, and sub-contractors performing duties under this Agreement who meet any of the three (3) descriptions listed above. This background screening will be conducted by SBBC in advance of VENDOR or its personnel providing any services under this Agreement. VENDOR shall bear the cost of acquiring the background screening required by Section 1012.32, Florida Statutes, and any fee imposed by the Florida Department of Law Enforcement (FDLE) to maintain the fingerprints provided with respect to VENDOR and its personnel. The parties agree that the failure of VENDOR to perform any of the duties described in this section shall constitute a material breach of this Agreement entitling SBBC to terminate this Agreement immediately for cause and with no opportunity required to permit VENDOR to cure such default and no further responsibilities or duties for SBBC to perform under this Agreement. VENDOR agrees to indemnify and hold harmless SBBC, its officers and employees from any liability in the form of physical or mental injury, death or property damage resulting from VENDOR’s failure to comply with the requirements of this section or with Sections 1012.32, 1012.465, 1012.467, and 1012.468, Florida Statutes. SBBC issued identification badges must be worn at all times when on SBBC property or when performing services for SBBC and must be worn where they are visible and easily readable. 2.13 Public Records. The following provisions are required by Section 119.0701, Florida Statutes, and may not be amended. VENDOR shall keep and maintain public records required by SBBC to perform the services required under this Agreement. Upon request from SBBC’s custodian of public records, VENDOR shall provide SBBC with a copy of any requested public records or to allow the requested public 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. VENDOR shall 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 Agreement’s term and following completion of the Agreement if VENDOR does not transfer the public records to SBBC. Upon completion of the Agreement, VENDOR shall transfer, at no cost, to SBBC all public records in possession of VENDOR or keep and maintain public records required by SBBC to perform the services required under the Agreement. If VENDOR transfers all public records to SBBC upon completion of the Agreement, VENDOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If VENDOR keeps and maintains public records upon completion of the Agreement, VENDOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to SBBC, upon request from SBBC’s custodian of public records, in a format that is compatible with SBBC’s information technology systems. IF A PARTY TO THIS AGREEMENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO ITS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 754-321-1900, RECORDREQUESTS@BROWARDSCHOOLS.COM, RISK MANAGEMENT DEPARTMENT, PUBLIC RECORDS DIVISION, 600 SOUTHEAST THIRD AVENUE, FORT LAUDERDALE, FLORIDA 33301. 430 RFP25-093: Demolition Services RFP No. RFP25-093 The School Board of Broward County, Florida Page 50 of 57 Pages Broward County Public Schools Is An Equal Opportunity/Equal Access Employer 2.14 Liability. This section survives the termination of all performance or obligations under this Agreement and is fully binding until such time as any proceeding brought on account of this Agreement is barred by any applicable statute of limitations. (a) By SBBC. SBBC agrees to be fully responsible up to the limits of Section 768.28, Florida Statutes, for its acts of negligence, or its employees’ acts of negligence when acting within the scope of their employment and agrees to be liable, up to the limits of Section 768.28, Florida Statutes, for any damages resulting from said negligence. (b) By VENDOR. VENDOR agrees to indemnify, hold harmless and defend SBBC, its agents, servants and employees from any and all claims, judgments, costs, and expenses including, but not limited to, reasonable attorney’s fees, reasonable investigative and discovery costs, court costs, and all other sums which SBBC, its agents, servants, and employees may pay or become obligated to pay on account of any, all and every claim or demand, or assertion of liability, or any claim or action founded thereon, arising or alleged to have arisen out of or due to the products, goods, or services furnished by VENDOR, its agents, servants, or employees; the equipment of VENDOR, its agents, servants, or employees while such equipment is on premises owned or controlled by SBBC; or the negligence of VENDOR or the negligence of VENDOR’s agents when acting within the scope of their employment, whether such claims, judgments, costs, and expenses are for damages, damage to property incl uding SBBC’s property, and injury or death of any person whether employed by VENDOR, SBBC, or otherwise. (Note: These insurance requirements must match the RFP) 2.15 Insurance Requirements. VENDOR shall comply with the following insurance requirements throughout the term of this Agreement: (a) General Liability. VENDOR shall have and maintain General Liability insurance with limits of not less than $1,000,000 per occurrence for Bodily Injury/ Property Damage; $1,000,000 General Aggregate; and limits of not less than $1,000,000 for Products/Completed Operations Aggregate. (b) Professional Liability/Errors & Omissions. VENDOR shall have and maintain Professional Liability/Errors & Omissions insurance with a limit of not less than $1,000,000 per occurrence covering any services provided under this Agreement. (c) Workers’ Compensation. In accordance with Chapter 440, Florida Statutes, VENDOR shall have and maintain Workers’ Compensation insurance and Employer’s Liability limits of not less than $100,000/$100,000/$500,000 (each accident/disease-each employee/disease-policy limit). (d) Auto Liability. VENDOR shall have and maintain Owned, Non-Owned and Hired Auto Liability insurance with Bodily Injury and Property Damage with limits of not less than $1,000,000 Combined Single Limit. If VENDOR does not own any vehicles, it shall have and maintain hired and non-owned automobile liability coverage in the amount of $1,000,000. In addition, an affidavit signed by VENDOR must be furnished to SBBC stating the following: “VENDOR does not own any vehicles. If VENDOR acquires any vehicles during the term of the Agreement, VENDOR agrees to provide proof of “Any Auto” coverage effective as of the date of vehicle acquisition.” (e) Acceptability of Insurance Carriers. The insurance policies required under this Agreement shall be issued by companies qualified to do business in the State of Florida and having a rating of at least A- VI by AM Best or Aa3 by Moody’s Investor Service. (f) Verification of Coverage. Proof of the required insurance must be furnished by VENDOR to SBBC’s Risk Management Department by Certificate of Insurance within fifteen (15) calendar d ays of the date of this Agreement. To streamline this process, SBBC has partnered with EXIGIS Risk Management Services to collect and verify insurance documentation. All certificates (and any required documents) must be received and approved 431 RFP25-093: Demolition Services RFP No. RFP25-093 The School Board of Broward County, Florida Page 51 of 57 Pages Broward County Public Schools Is An Equal Opportunity/Equal Access Employer by SBBC’s Risk Management Department before any work commences in order to permit VENDOR sufficient time to remedy any deficiencies. VENDOR must verify its account information and provide contact details for its Insurance Agent via the link provided to it by email. (g) Required Conditions. Liability policies must include the following terms on the Certificate of Insurance: 1. The School Board of Broward County, Florida, its members, officers, employees, and agents are added as additional insureds. 2. All liability policies are primary of all other valid and collectible coverage maintained by The School Board of Broward County, Florida. 3. Certificate Holder: The School Board of Broward County, Florida, Risk Management Department, 600 SE 3rd Avenue, Fort Lauderdale, Florida 33301 (h) Cancellation of Insurance. VENDOR is prohibited from providing services under this Agreement with SBBC without first obtaining the minimum required insurance coverage and must notify SBBC within two (2) business days if required insurance is canceled. (i) SBBC reserves the right to revi ew, reject or accept any required policies of insurance, including limits, coverages, or endorsements herein throughout the term of this Agreement. 2.16 Nondiscrimination. (a) As a condition of entering into this Agreement, VENDOR represents and warrants that it will comply with the SBBC’s Commercial Nondiscrimination Policy, as described under, Section D.1 of SBBC’s Po licy No. 3330 – Supplier Diversity Outreach Program. (b) As part of such compliance, VENDOR shall not discriminate on the basis of race, color, religion, ancestry or national origin, sex, age, marital status, sexual orientation, or on the basis of disability or other unlawful forms of discrimination in the solicitation, selection, hiring, or commercial treatment of subcontractors, vendors, suppliers, or commercial customers, nor shall VENDOR retaliate against any person for reporting instances of such discrimination. VENDOR shall provide equal opportunity for subcontractors, vendors, and suppliers to participate in all of its public sector and private sector subcontracting and supply opportunities, provided that nothing contained in this clause shall prohibit or limit otherwise lawful efforts to remedy the effects of marketplace discrimination that have occurred or are occurring in the SBBC’s relevant marketplace. VENDOR understands and agrees that a material violation of this clause is considered a material breach of this Agreement and may result in termination of this Agreement, disqualification of the company from participating in SBBC Agreements, or other sanctions. This clause is not enforceable by or for the benefit of, and creates no obligation to, any third-party. 2.17 Annual Appropriation. SBBC’s performance and obligations under this Agreement is contingent upon an annual budgetary appropriation by its governing body. If SBBC does not allocate funds for the payment of services or products to be provided under this Agreement, this Agreement may be terminated by SBBC at the end of the period for which funds have been allocated. SBBC shall notify the other party at the earliest possible time before such termination. No penalty accrues to SBBC if this provision is exercised, and SBBC is not obligated or liable for any future payments due or any damages as a result of termination under this section. 2.18 Excess Funds. Any party receiving funds paid by SBBC under this Agreement agrees to promptly notify SBBC of any funds erroneously received from SBBC upon the discovery of such erroneous payment or overpayment. Any such excess funds shall be refunded to SBBC, together with any applicable statutory interest. 432 RFP25-093: Demolition Services RFP No. RFP25-093 The School Board of Broward County, Florida Page 52 of 57 Pages Broward County Public Schools Is An Equal Opportunity/Equal Access Employer 2.19 Proprietary Information. (a) Any documents or materials submitted to SBBC shall be open for inspection by any person in accordance with Section 119.07, Florida Statutes, except as otherwise exempted from disclosure by applicable law. A party contracting with SBBC must clearly mark, label, designate, or identify any portions of any documents or materials it provides to SBBC which are claimed to be confidential and exempt from public inspection, provided that the confidential or exempt portions of such documents or materials are clearly marked with specific citations of law that provide the asserted confidentiality or exemption. A contracting party’s failure to identify any confidential or exempt portions of documents or materials or to specify the law establishing their confidential or exempt s tatus is a waiver of confidential or exempt status for any such unidentified or unsupported portions of any documents or materials. (b) If SBBC receives a public record request for documents or materials in its custody under this Agreement which have been properly marked as confidential or exempt, SBBC will notify the contracting party of the public records request. The notice shall state that the requested materials will be produced by SBBC to the requesting party within ten (10) calendar days of the date of the written notification, unless the contracting party has initiated an action at its sole cost and expense in a court of competent jurisdiction to preclude the release of the requested materials. The contracting party shall name the party requesting the documents or materials as a defendant and will not name SBBC as a party to the action, but will provide SBBC with notice of such proceedings. The contracting party agrees to indemnify SBBC for any costs, expenses, and attorney’s fees SBBC may incur with regard to any legal proceedings and judgments that may arise from the request for the contracting party’s public records that are subject to claims of confidential or exempt status. A failure to timely initiate the legal action required by this paragraph is a waiver of any claim that the requested information is confidential and exempt from public disclosure. The contracting party waives any cause of action against SBBC for the release of materials pursuant to a public records request except for any claims based upon the intentional or grossly negligent conduct of any employee of SBBC. 2.20 Incorporation by Reference. Exhibit[s] Insert appropriate Exhibit letters or numbers attached hereto and referenced herein are incorporated into this Agreement by reference. (delete clause if there are no attachments.) ARTICLE 3 – GENERAL CONDITIONS 3.01 No Waiver of Sovereign Immunity. Nothing herein is intended to serve as a waiver of sovereign immunity by any agency or political subdivision to which sovereign immunity may be applicable or of any rights or limits to liability existing under Section 768.28, Florida Statutes. This section survives the termination of all performance or obligations under this Agreement and is fully binding until such time as any proceeding brought on account of this Agreement is barred by any applicable statute of limitations. 3.02 No Third-Party Beneficiaries. The parties expressly acknowledge that it is not their intent to create or confer any rights or obligations under this Agreement in or upon any third person or entity. None of the parties intend to directly or substantially benefit a third-party by this Agreement. The parties agree that there are no third-party beneficiaries to this Agreement and that no third-party is entitled to assert a claim against any of the parties based upon this Agreement. Nothing herein shall be construed as consent by an agency or political subdivision of the State of Florida to be sued by third parties in any matter arising out of any Agreement. 3.03 Independent Contractor. The parties to this Agreement are acting in the capacity of independent contractors and not as an officer, employee, or agent of one another. Neither party or its respective agents, employees, subcontractors, or assignees shall represent to others that it has the authority to bind the other party unless specifically authorized in writing to do so. No right to SBBC retirement, leave benefits, or any other benefits of SBBC employees exists as a result of the performance of any duties or responsibilities under this Agreement. SBBC is not responsible for Social Security, withholding taxes, contributions to unemployment compensation funds or insurance for the other party or the other party’s officers, employees, agents, subcontractors, or assignees. 433 RFP25-093: Demolition Services RFP No. RFP25-093 The School Board of Broward County, Florida Page 53 of 57 Pages Broward County Public Schools Is An Equal Opportunity/Equal Access Employer 3.04 Default. The parties agree that, if either party is in default of its obligations under this Agreement, the non-defaulting party shall provide to the defaulting party (30) calendar days’ written notice to cure the default. However, if said default cannot be cured within said thirty (30) calendar day period and the defaulting party is diligently attempting in good faith to cure same, the time period will be reasonably extended to allow the defaulting party additional cure time. Upon the occurrence of a default that is not cured during the applicable cure period, this Agreement may be terminated by the non-defaulting party upon thirty (30) calendar days’ notice. This remedy is not intended to be exclusive of any other remedy, and each and every such remedy is cumulative and in addition to every other remedy 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 hereunder precludes any other or future exercise thereof. Nothing in this section shall be construed to preclude termination for convenience pursuant to section 3.05. 3.05 Termination. This Agreement may be terminated with or without cause by SBBC during the term hereof upon thirty (30) calendar days’ written notice to the other parties of its desire to terminate this Agreement. In the event of such termination, SBBC is entitled to a pro rata refund of any pre-paid amounts for any services scheduled to be delivered after the effective date of such termination. SBBC has no liability for any property left on SBBC’s property by any party to this Agreement after the termination of this Agreement. Any party contracting with SBBC under this Agreement agrees that any of its property placed upon SBBC’s facilities pursuant to this Agreement shall be removed within ten (10) business days following the termination, conclusion, or cancellation of this Agreement and that any such property remaining upon SBBC’s facilities after that time shall be deemed to be abandoned, that title to such property shall pass to SBBC, and that SBBC may use or dispose of such property as SBBC deems fit and appropriate. 3.06 Compliance with Laws. Each party shall comply with all applicable federal, state and local laws, SBBC policies, codes, rules, and regulations in performing its duties, responsibilities, and obligations pursuant to this Agreement. 3.07 Place of Performance. All of SBBC’s obligations under the terms of this Agreement are reasonably susceptible of being performed in Broward County, Florida and are payable and performable in Broward County, Florida. 3.08 Governing Law and Venue. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Any disputes, controversies, or legal problems arising out of this Agreement and any action involving the enforcement or interpretation of any rights hereunder shall be submitted exclusively to the jurisdiction of the State courts of the Seventeenth Judicial Circuit of Broward County, Florida or to the jurisdiction of the United States District Court for the Southern District of Florida. Each party agrees and admits that the state courts of the Seventeenth Judicial Circuit of Broward County, Flo rida or the United States District Court for the Southern District of Florida has jurisdiction over it for any dispute arising under this Agreement. 3.09 Entirety of Agreement. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof is predicated upon any prior representations or agreements, whether oral or written. 3.10 Binding Effect. This Agreement is binding upon and inures to the benefit of the parties hereto and their respective successors and assigns. 3.11 Assignment. Neither this Agreement nor any interest herein may be assigned, transferred, or encumbered by any party without the prior written consent of the other party. There shall be no partial assignment 434 RFP25-093: Demolition Services RFP No. RFP25-093 The School Board of Broward County, Florida Page 54 of 57 Pages Broward County Public Schools Is An Equal Opportunity/Equal Access Employer of interests under this Agreement including, without limitation, the partial assignment of any right to receive payments from SBBC. 3.12 Captions. The captions, section designations, section numbers, article numbers, titles, and headings appearing in this Agreement are inserted only as a matter of convenience, have no substantive meaning, and in no way define, limit, construe, or describe the scope or intent of such articles or sections of this Agreement, nor in any way affect this Agreement and shall not be construed to create a conflict with the provisions of this Agreement. 3.13 Severability. If any one or more of the sections, paragraphs, sentences, clauses, or provisions contained in this Agreement is held by a court of competent jurisdiction to be invalid, illegal, unlawful, unenforceable, or void in any respect, such does not affect the remaining portions of this Agreement and the same remain in full force and effect as if such invalid, illegal, unlawful, unenforceable, or void secti ons, paragraphs, sentences, clauses, or provisions had never been included. 3.14 Preparation of Agreement. The parties acknowledge that they have sought and obtained whatever competent advice and counsel necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this Agreement has been their joint effort. The language agreed to herein expresses their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. 3.15 Amendments. No modification, amendment, or alteration in the terms or conditions contained herein is effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by each party hereto. 3.16 Waiver. The parties agree that each requirement, duty and obligation set forth herein is substantial and important to the formation of this Agreement and, therefore, is a m aterial term hereof. Any party’s failure to enforce any provision of this Agreement is not a waiver of such provision or modification of this Agreement unless the waiver is in writing and signed by the party waiving such provision. A written waiver is only effective as to the specific instance for which it is obtained and is not a continuing or future waiver. 3.17 Force Majeure. Neither party is obligated to perform any duty, requirement, or obligation under this Agreement if such performance is prevented by fire, hurricane, earthquake, explosion, wars, sabotage, accident, flood, acts of God, strikes, or other labor disputes, riot or civil commotions, epidemics, pandemics, government regulations, and the issuance or extension of existing government orders of the United States, the State of Florida, or local county and municipal governing bodies, or by reason of any other matter or condition beyond the control of either party, and which cannot be overcome by reasonable diligence and without unusual expen se (“Force Majeure”). In no event shall a lack of funds on the part of either party be deemed Force Majeure. 3.18 Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder are in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 3.19 Survival. All representations and warranties made herein, indemnification obligations, obligations to reimburse SBBC, obligations to maintain and allow inspection and audit of records and property, obligations to maintain the confidentiality of records, reporting requirements, and obligations to return public funds survive the termination of this Agreement. 3.20 Agreement Administration. SBBC has delegated authority to the Superintendent of Schools or her/his designee to take any actions necessary to implement and administer this Agreement. 435 RFP25-093: Demolition Services RFP No. RFP25-093 The School Board of Broward County, Florida Page 55 of 57 Pages Broward County Public Schools Is An Equal Opportunity/Equal Access Employer 3.21 Counterparts and Multiple Originals. This Agreement may be executed in multiple originals, and may be executed in counterparts, each of which is an original, but all of which, taken together, shall constitute one and the same Agreement. 3.22 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 he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement upon the date of the last signature below. [THIS SPACE INTENTIONALLY LEFT BLANK] 436 RFP25-093: Demolition Services RFP No. RFP25-093 The School Board of Broward County, Florida Page 56 of 57 Pages Broward County Public Schools Is An Equal Opportunity/Equal Access Employer ATTACHMENT L – DEMANDSTAR REGISTRATION INSTRUCTIONS To register for free as a vendor in the DemandStar Platform, you must complete the registration form. 1. Navigate to the DemandStar page by going to https://www.demandstar.com/app/registration. 2. On the Get Started! Create your free DemandStar account page, and fill in your E-mail address and your Company Name. 3. Read and accept the Terms of Use and Privacy Policy. 4. Choose your Free Agency: Please type Broward County Public Schools and, select it, and click next. 5. Input your Company Contact Information and click Submit. 6. Input your Contact Information and click Submit. 7. An email will be sent to you to confirm your account. 8. If you need further assistance, please contact DemandStar Support at support@demandstar.com or call (206) 940-0305. 437 RFP25-093: Demolition Services RFP No. RFP25-093 The School Board of Broward County, Florida Page 57 of 57 Pages Broward County Public Schools Is An Equal Opportunity/Equal Access Employer SECTION 9.0 – STATEMENT OF “NO RESPONSE If your company will not be submitting a response to this Request for Proposal, please complete this Statement of “No Response” Sheet and return, prior to the RFP Due Date established within, to: The School Board of Broward County, Florida Procurement & Warehousing Services Department 7720 West Oakland Park Boulevard, Suite 323 Sunrise, Florida 33351 This information will help SBBC in the preparation of future RFPs. Company Name:_____________________________________________________________________________________________________ Contact: ___________________________________________________________________________________________________________ Telephone: _________________________________________________________________________________________________________ Email: _____________________________________________________________________________________________________________ ✓ Reason(s) for “No Response”:  Unable to comply with product or service specifications.  Unable to comply with scope of work.  Unable to quote on all items in the group.  Insufficient time to respond to the Request for Proposal.  Unable to hold prices firm through the term of the contract period.  Our schedule would not permit us to perform.  Unable to meet delivery requirements.  Unable to meet bond requirements.  Unable to meet insurance requirements.  Other (Specify below) Comments: Signature: __________________________________________________________ Date: ________________________________________ END OF RFP 438 THE BG GROUP LLC 751 Park of Commerce Drive #138 • Boca Raton, FL • 33487 • 561-998-7997 • email: ivy@bgdemolition.com TITLE PAGE 4.1.1 Bid Title: Demolition Services RFP No. RFP25-093 Subject: The School Board of Broward County, Florida RFP response From: The BG Group LLC 751 Park of Commerce Drive #138 Boca Raton, FL 33487 5619987997 Date: December 13, 2024 439 THE BG GROUP LLC 751 Park of Commerce Drive #138 • Boca Raton, FL • 33487 • 561-998-7997 • email: ivy@bgdemolition.com TABLE OF CONTENTS 4.1.2 TITLE PAGE…………………………………………………………………….1 TABLE OF CONTENTS………………………………………………………..2 LETTER OF TRANSMITTAL…………………………………………………3 REQUIRED RESPONSE FORM………………………………………………6 OTHER NAMES ………………………………………………………………..8 NOTICE PROVISION………………………………………………………….9 MINIMUM ELIGIBLITY REQUIREMENTS……………………………….12 EVALUATION CRITERIA……………………………………………………20 PROPOSER’S EXPERIENCE & QUALIFICATIONS……………...22 Executive Summary References Litigation COST OF GOODS/SERVICES…………………………………………….….34 SUPPLIER DIVERSITY OUTREACH PROGRAM PARTICIPATION….45 OTHER FORMS.................................................................................................46 440 THE BG GROUP LLC 751 Park of Commerce Drive #138 • Boca Raton, FL • 33487 • 561-998-7997 • email: ivy@bgdemolition.com LETTER OF TRANSMITTAL 4.1.3 Persons authorized to make representations for the Proposer: Ivy Fradin, Managing Member Steve Greenberg, Managing Member Andrew Stull, Vice President 751 Park of Commerce Drive #138, Boca Raton, FL 33487 5619987997 With this package in response to the Demolition Services RFP No. RFP25-093 The BG Group is expressing its interest in being selected as the most qualified Contractor for this project. We specialize in the areas of demolition, asbestos abatement, excavation, recycling and aggregate and concrete crushing. Our contact information is below. As required, we are a licensed CGC in the State of Florida, and prequalified as a contractor with The School Board of Broward County. We are also certified as an WBE with the School Board. The BG Group Demolition, led by Steve Greenberg and me, continues to develop methods and techniques to suit various individual client needs and our name is synonymous with quality, innovation, integrity and performance throughout Florida. A few of our more notable clients include: •Real Estate Developers and Corporations such as: Butters Construction & Development; Florida Crystals; The Related Group; Resorts World; Stiles Corporation •National General Contractors such as: Autobuilders; Coastal Construction; DPR; John Moriarty; Moss & Associates; Suffolk Construction; The Weitz Company •Municipalities including: Broward County Aviation; City of Fort Lauderdale; City of Miami; Daytona Beach Housing Authority; Lake Worth CRA; Palm Beach County; The School Board of Broward County; The School District of Palm Beach County •Local Contractors such as: Anderson Moore; Kast Construction; Pirtle Construction; Shawe- Ager Construction We focus on saving our clients time and money and have recently completed similar transactions for developers, corporations, GCs and municipalities who would be happy to serve as references at the appropriate time. The attached information should provide some useful background. We carry $7 million of comprehensive general liability insurance, workers’ compensation and are bondable up to $10 million as well. We also do each of our projects to meet maximum LEED certification. Regarding our experience in municipal term contract projects, we are the most recent contract holder of the City of Fort Lauderdale Demolition Services term contract, having held it since 2010. We also have held an annual demolition contract for Palm Beach County since 2004 and with the School District of Palm Beach County since 2016. In addition, we are prequalified with the Miami Dade School Board, who has emergency jobs for its unsafe structures from time to time. We know that we can provide this service throughout your school district both safely and efficiently and are qualified to do so. Our crews 441 THE BG GROUP LLC 751 Park of Commerce Drive #138 • Boca Raton, FL • 33487 • 561-998-7997 • email: ivy@bgdemolition.com are trained to assure that the work area is left clean, hazard-free and in non-damaged condition after each site is completed. School District of Palm Beach County Maxim Manera 561.225.9917 Contract since 2016 City of Fort Lauderdale George Oliva 954.828.6556 Contract since 2007 We have performed several projects for your school district in the past few years, including removal of a semi-collapsed structure at Rickards Middle School, total demolition of 110 portables at both Falcon Cove and Cypress Bay in Weston, total demolition of Marjory Stoneman Douglas Building #12 and, most recently, 139 portables at 24 different sites. The BG Group notes that we have been a Certified General Contractor, specializing in demolition, asbestos abatement, excavation, recycling and aggregate and concrete crushing since our founding in January 2003. We have significant expertise in safe, timely and efficient performance; diligent record keeping re capping, abandonment and tracking of debris; and segregation of materials and optimization of recycling. We have also done many LEEDS jobs and always comply with all Federal, State and regulatory agencies and provisions. The BG Group is 51% owned by a female. Managing Member: Ivy Fradin, CFA (15 years experience in Investment Banking; ran a division with 300 people; Duke University Phi Beta Kappa graduate). In addition: •Of our 13 managerial and office staff, five are women, two of which are Hispanic—so 38% are M/WBE •Of our 80 employees, including operators and laborers, 35 are black, 25 are Hispanic, four of which are women—so 80% are M/WBE. The BG Group LLC prides itself on our safety programs and safety record. Our safety director is Managing Member Steve Greenberg. We have written safety manuals, hold weekly safety meetings on our job sites and provide OSHA training for our employees. When onsite, each of our employees uses individual safety equipment including, at a minimum, hard hats, work boots, vests and safety gloves and goggles. We also use maximum safety equipment as pertains to any given task at hand. We are a drug free company and our EMRs are as follows for the past few years Year EMR Ratio Current 1.43 2023 1.10 2022 1.19 2021 0.95 2020 1.05 442 THE BG GROUP LLC 751 Park of Commerce Drive #138 • Boca Raton, FL • 33487 • 561-998-7997 • email: ivy@bgdemolition.com The BG Group takes its corporate social responsibility to heart and is an active participant in many charitable organizations. Most recently, The BG Group has been a big supporter of Big Dog Ranch Rescue. In fact, each holiday season, donations are made by The BG Group on behalf of our customers in lieu of holiday cards and gifts to these and other worthy causes. Also, our principals are active and have taken leadership and board roles at these charities and several others. We look forward to putting our experience, responsiveness and fiscal accountability to work on The School Board of Broward County projects and to being awarded this Demolition Services contract. Thank you for taking the time to learn a bit about The BG Group Demolition. Again, we look forward to speaking with you soon. Yours truly, THE BG GROUP, LLC Ivy Fradin Managing Member 2019 0.99 2018 0.92 443 THE BG GROUP LLC 751 Park of Commerce Drive #138 • Boca Raton, FL • 33487 • 561-998-7997 • email: ivy@bgdemolition.com REQUIRED RESPONSE FORM 4.1.4 Attached is Section 1.0 of RFP 444 445 THE BG GROUP LLC 751 Park of Commerce Drive #138 • Boca Raton, FL • 33487 • 561-998-7997 • email: ivy@bgdemolition.com OTHER NAMES 4.1.5 None 446 THE BG GROUP LLC 751 Park of Commerce Drive #138 • Boca Raton, FL • 33487 • 561-998-7997 • email: ivy@bgdemolition.com NOTICE PROVISION 4.1.6 Should our firm become an Awardee under this RFP, the name and address of the person(s) to whom any notices should be sent under SBBC’s contract are: Awardee’s Representative for Notices: Name/Title:_ Ivy Fradin, Managing Member Mailing Address: 751 Park of Commerce Dr #138, Boca Raton,FL 33487 Email:____ ivy@bgdemolition.com With a Copy To: Name/Title:__ Ivy Fradin, Managing Member Mailing Address: 751 Park of Commerce Dr #138, Boca Raton,FL 33487 Email:____ ivy@bgdemolition.com 447 448 449 THE BG GROUP LLC 751 Park of Commerce Drive #138 • Boca Raton, FL • 33487 • 561-998-7997 • email: ivy@bgdemolition.com MINIMUM ELIGIBILITY REQUIREMENTS Statements of acknowledgment for each item below. 4.2.1 Proposer must meet or exceed the requirements of Section 7.1, Liability. Yes, our Company will meet or exceed the requirements as written in Section 7.1 for this contract. 4.2.2 Proposer must meet or exceed the requirements of Section 6.3, Minimum Insurance Requirements. Yes, our Company will meet or exceed the requirements as written in Section 6.3 for this contract. 4.2.3 As required, we are Pre-Qualified Pre-Qualification are only accepted for the following licenses: Certified General Contractor. 4.2.4 Attachment C – Conflict of Interest of the RFP. Attached. 4.2.5 Attachment D – Debarment of the RFP. Attached. 4.2.6 Attachment H – Affidavit Use of Coercion for Labor and Services of the RFP. Attached. 4.2.7 Attachment A – S/M/WBE FORM of the RFP. Attached. 450 451 452 453 454 455 456 457 THE BG GROUP LLC EVALUATION CRITERIA 4.3 SCOPE OF SERVICES & PERFORMANCE SPECIFICATIONS PROPOSER’S EXPERIENCE & QUALIFICATIONS 4.3.1 Proposer's Experience & Qualifications 4.3.1.1 Executive Summary 4.3.1.2 References 4.3.1.3 Litigation 4.3.2 Cost of Goods/Services 4.3.3 Supplier Diversity Outreach Program Participation 751 Park of Commerce Drive #138 • Boca Raton, FL • 33487 • 561-998-7997 • email: ivy@bgdemolition.com 458 459 THE BG GROUP LLC 751 Park of Commerce Drive #138 • Boca Raton, FL • 33487 • 561-998-7997 • email: ivy@bgdemolition.com 4.3.1 PROPOSER’S EXPERIENCE & QUALIFICATIONS 4.3.1.1 Executive Summary: Submit a brief executive summary (abstract) stating the Proposer’s understanding of the nature and scope of the services to be provided and the capability to comply with all terms and conditions of RFP.) The BG Group LLC is nearly 22 years old and has performed demolition work throughout the State of Florida since January 28, 2003. Throughout our history, we have performed total and selective demolition for real estate owners, general contractors and municipalities, and of structures: •in every category, including residential, retail, industrial, healthcare, governmental and educational and •of every size, from small single family homes to multi-million square foot shopping centers and 31 story structures. We have completed every project we ever started and own all of our own equipment, including excavators, skidsteers, rubber tire loaders, floor scrapers, specialized attachments and everything else required for successful demolition projects throughout the State. We pride ourselves on our repeat clients and their referrals, as well as our ability to attract new clients due to our impressive capabilities and our outstanding track record of serving our clients’ needs. Select reference letters are attached. We possess $7 million of general liability insurance, are bondable up to $10 million and are a WBE. We are also an SBE in certain municipalities, are a drug-free and EEO workplace and are pleased that a number of our employees have been with our company since its inception. In addition, we boast a team that is equally competent in our field operations, our field supervision and our back office. From a financial standpoint, The BG Group LLC is proud to stand on its own financial legs, own all of our own equipment (see attached equipment list) and be a profitable, ongoing concern. We have $7 million of GL insurance and are bondable up to $10 million in aggregate. We have had a positive ongoing relationship with Wells Fargo since our inception (originally Wachovia Bank) and maintain our corporate accounts and line of credit with them. 460 THE BG GROUP LLC 751 Park of Commerce Drive #138 • Boca Raton, FL • 33487 • 561-998-7997 • email: ivy@bgdemolition.com Banking Institutions: Bank: UBS Contact: Kelly Thill Phone: 561.302.0835 Bank: Synovus Contact: Tabitha Stambaugh, VP Address: 140 N Federal Highway, Boca Raton, 33432 Phone: 561.226.0735 Bonding Institution: Bonding Company: International Fidelity Insurance Company Bonding Agent: American Global Resident Agent: Michael Marino Phone: 305.351.9150 Insurance Institutions: Insurance Agency: Alliant Americas, East Contact: Doug Fields Address: 2300 Glades Road, Suite 250W, Boca Raton, FL 33431 Phone: 561.826.5913 Email: dfields@alliant.com We give no credence to the DUNS Supplier Qualifier Report, as we are a private company who will not divulge information to DNB which then makes it available publicly. As such, any report they produce is inaccurate, in our opinion. We are happy to make our financials available to the School Board if required, to validate our financial strength. 461 THE BG GROUP LLC 751 Park of Commerce Drive #138 • Boca Raton, FL • 33487 • 561-998-7997 • email: ivy@bgdemolition.com Qualifications of Proposer Team BG currently services annual contracts similar to this for: Palm Beach County; City of Miami; City of Fort Lauderdale; The School District of Palm Beach; and Miami Dade Public Schools and has done so for some of these clients since 2004. Any of them would be happy to serve as references, and we serve up a few of our longer standing ones below. Project Name: School District of Palm Beach County Bid 21C-14K Demolition Services Project Date: 2016-present; annual contract General Contractor: School District of Palm Beach County General Contractor Contact/Phone: Maxim Manera, 561.225.9917 Address: 1400 N Florida Mango Rd, West Palm Beach, FL 33409 Brief Description of Project: Annual contract for all demolition within the District Project Name: City of Fort Lauderdale annual contract Project Date: Fall 2007-present General Contractor: City of Fort Lauderdale General Contractor Contact/Phone: George Oliva, 954.828.6556 Address: 700 NW 19 Avenue, Fort Lauderdale FL 33311 Fax/Email: goliva@fortlauderdale.gov Brief Description of Project: Contract for multiple demolition projects Our full time staff member employees (we employ no outsourced expediters) are fully available with designated areas of responsibility as outlined in our organizational chart. These areas of concentration allow each point of contact to bring to bear their unique substantial knowledge to ensure efficient completion of the tasks in the Scope of Services. These areas of concentration allow each point of contact to bring to bear their unique substantial knowledge to ensure efficient completion of the tasks in the Scope of Services. We have never had an instance where manpower or equipment has been a limiting factor in our ability to successfully complete our business on hand, yet should such a situation arise, we are prepared to add to staff so as not to impact timely service for this City of Miami Beach contract. Our headquarters is in South Florida, giving us the ability to optimally manage Broward County jobs, effectively bid Broward County opportunities, and hire the best people regardless of their home county. 462 THE BG GROUP LLC 751 Park of Commerce Drive #138 • Boca Raton, FL • 33487 • 561-998-7997 • email: ivy@bgdemolition.com We will comply with the scope of services as written in Attachment B. More specifically, our approach and methodology are outlined below. The BG Group LLC (BG) proposed approach has been refined into a standard working procedure that will accomplish the task requirements set forth by The School Board of Broward County. Our approach to every project will be as follows or as refined by the School Board. Within BG, Ivy Fradin will be responsible for disseminating the projects assigned and pertinent information of each to the key team members. These communications will take place in writing, via email, and may be supplemented or predated by verbal dialog. The written word, however, is what will prevail. Written communication will also be the preferred method of communication with any and all subcontractors and regulatory agencies, even though verbal dialog may also occur. Again, within BG, Ivy Fradin will also take ownership of all facets of cost control for each project as well as the contract overall via weekly and monthly analyses. Upon receipt of a Request for Proposal from the School Board, Managing Member Ivy Fradin will review the request and assign an estimator to the project based on location and relevant experience. She will then schedule the relevant BG member(s) to visit the project. They will visit the job site to verify scope of work and to familiarize themselves with the working conditions, including accessibility, crew size, water and electrical availability also, materials and equipment needed. During this site visit BG will confirm the takeoffs of the project to be demolished or removed. Following the site visit, a proposal will be prepared using contract unit rates and sent to the School Board via e-mail within 2-4 days of our site visit. We are a WBE and attempt to utilize other SBE and M/WBEs when they are both responsive and responsible and can benefit the overall project. We can provide documentation illustrating our good faith efforts when requested. As soon as we receive a work order and letter of authorization from the School Board, Ivy Fradin alerts BG team members as to the details of the new job. We immediately begin permit procedures, call in Miss Sunshines, and request utility disconnects. We also immediately file 10 day NESHAP notifications, if required, so as to never hold up a job for this, and are willing to revise if necessary to accommodate the time table of the job. A copy of this notification will be emailed to the asbestos consultant and the School Board contact as requested. We will help coordinate any actual required abatement with 463 THE BG GROUP LLC 751 Park of Commerce Drive #138 • Boca Raton, FL • 33487 • 561-998-7997 • email: ivy@bgdemolition.com regulatory agencies, if applicable, and schedule School Board representatives to be present if so desired. The Estimator will coordinate with the Field Supervisor assigned to the project to assure that the appropriate manpower, equipment, and materials required for the job are at his disposal. Also at this time the Estimator will discuss any special site conditions or procedures not referred to in the specifications or work plan. This is to ensure that the Supervisor will have a full understanding of the requirements for the project. Any required underground utility and/or pollutant storage work will be coordinated, as will any subtrades necessary, such as electrical, plumbing, well capping, septic pumpouts, sewer caps, lift station work, etc. We will also arrange for our water source and address any other special conditions, such as relevant MOT plans, at this time. Upon receipt of demolition permit, BG equipment and personnel will mobilize to the job site on the start date indicated on the DEP notice as directed by the School Board. The Field Supervisor will conduct a safety meeting and inform the crew of any special conditions that warrant their attention. The Supervisor will then assign individual tasks to his crew. Each situation is unique, but wet demolition is always performed, both to control dust as well as to ensure the safest and healthiest environment possible, for the scope of work as outlined in the Work Order. We will clean the site each day of any significant debris and schedule inspections as required, allthewhile performing our demolition scope with an eye on both safety and efficiency. Upon job completion, a final walk-through inspection will be performed by the Supervisor. We will then notify the School Board that the job was successfully completed, call in and final inspections, and finally prepare and send the School Board its invoice, with any paperwork that may be required relevant to the particular job. Documentation Before, during, and after a demolition project, documentation is of critical importance. Daily job reports, as well as load tickets and time cards, are compiled to record an absolute proof of project events. At the completion of a project, the documentation can be provided to the client upon request. Duplicate copies of all project documentation would be maintained and stored in a central location within our corporate office in Delray Beach, Florida. 464 THE BG GROUP LLC 751 Park of Commerce Drive #138 • Boca Raton, FL • 33487 • 561-998-7997 • email: ivy@bgdemolition.com Significant Difficulties We at The BG Group LLC feel that, with our breadth and depth of experience, we have encountered the majority of difficulties that may arise and we have a known solution in hand. However, real world experience also indicates this is not always the case. Should a situation arise that causes a significant problem, the most important step would be communication with the City. Utilizing the expertise of School Board officials and our key staff we feel we can determine a solution to any difficulties that may arise. Possible difficulties that have arisen in the past, and how we have addressed them are as follows. Onsite changes are requested. The written word will prevail, and any subcontracts or change orders will have to be signed off in writing before the work to which they refer will be executed. We uncover asbestos not detected in survey, possibly hidden under layers of other tile Experience allows our operators and supervisors to identify when we have a problem, stop work immediately and notify proper parties. Our capabilities also allow us to handle this type of situation quickly, safely and efficiently. Utilities were not truly disconnected, despite the fact that we have a letter stating that they were. We make sure that we have letters in the file from all utilities assuring disconnection of service before we start to minimize this possible problem, even if such disconnect letters are not required by a municipality to obtain our permit. These letters also tell us who to call in case of surprise, and usually last minute, emergencies. Our machines break down. Our experienced in-house mechanic, and knowledgeable field supervisors and operators, are able to repair most of the problems our 465 THE BG GROUP LLC 751 Park of Commerce Drive #138 • Boca Raton, FL • 33487 • 561-998-7997 • email: ivy@bgdemolition.com machines encounter. Performance time tables get shortened. Our strong vendor relationships facilitate hauling, dumping and the like, when expedited service is needed All requests for service, regular and/or emergency, need to be emailed to our Managing Member, ivy@bgdemolition.com. Emergency requests should also be phoned in to Ivy at 561.715.0530, Managing Member Steve Greenberg at 561.715.0013 or Vice President Andrew Stull at 561.441.5922, all of whom are reachable 24x7. 466 THE BG GROUP LLC 751 Park of Commerce Drive #138 • Boca Raton, FL • 33487 • 561-998-7997 • email: ivy@bgdemolition.com 4.3.1 PROPOSER’S EXPERIENCE & QUALIFICATIONS 4.3.1.2 References: Provide three (3) references of completed projects, regarding demolition projects, within the last 5 years. References must include a one paragraph brief summary of scope of work completed pictures of the work performed. Reference form can be found in the Bid Summary Sheet. Project Name: Marjory Stoneman Douglas Bldg 12 — Parkland Project Date: 2024 General Contractor: Broward Schools General Contractor Contact/Phone: Greg Neiman, 754.321.2804348.4342 Brief Description of Project: Demolition, removal and restoration of highly sensitive and publicized school building within tight time frame Contract Amount: $330k P 467 THE BG GROUP LLC 751 Park of Commerce Drive #138 • Boca Raton, FL • 33487 • 561-998-7997 • email: ivy@bgdemolition.com Project Name: Rickards Middle School — Fort Lauderdale Project Date: 2022 General Contractor: D Stephenson General Contractor Contact/Phone: Michael Fishkind, 954.348.4342 Brief Description of Project: Removal of semi-collapsed structure at school Contract Amount: $345k We worked as a subcontractor to D. Stephenson to: demolish, remove and dispose of one (1) two Story Building Including Mezzanines, Canopies, Slabs & Foundations; remove and dipose of specified Concrete Sidewalks, Pavers and Asphalt Pavement; as well as chain link fencing, grease trap, underground utilities and various other items. We completed the work ahead of schedule and on budget on this bonded job. 468 THE BG GROUP LLC 751 Park of Commerce Drive #138 • Boca Raton, FL • 33487 • 561-998-7997 • email: ivy@bgdemolition.com 469 THE BG GROUP LLC 751 Park of Commerce Drive #138 • Boca Raton, FL • 33487 • 561-998-7997 • email: ivy@bgdemolition.com Project Name: Falcon Cove & Cypress Bay School Portables — Weston Project Date: 2022 General Contractor: School Board of Broward County General Contractor Contact/Phone: Sam Baze, 954.804.9981 Brief Description of Project: Total demolition of 110 portables Contract Amount: $522k We worked as a prime contractor for the School Board to demolish 110 portable classrooms at two schools in Weston. This was a competitive bid that we were awarded, and the schools’ project managers gave us countless compliments for our safety, speed, efficiency and professionalism. Project Name: Pembroke Pines former City Hall — Pembroke Pines Project Date: 2022 General Contractor: City of Pembroke Pines General Contractor Contact/Phone: Dayana Castellon, 954518.9064 Brief Description of Project: Abatement and total demolition of 7 story municipal building Contract Amount: $322k We worked as a prime contractor for the City of Pembroke Pines to demolish and remove its 7 story former City Hall building. This project included asbestos abatement and utilized our high reach excavator. In addition, it was bonded, and was located in a solid waste franchise area. Project Name: Lake Worth Community High School — Lake Worth Project Date: 2022-present General Contractor: Hedrick Brothers General Contractor Contact/Phone: Darrell Lange, 561.690.6285 Brief Description of Project: Interior renovations and operational high school Contract Amount: $502k 470 THE BG GROUP LLC 751 Park of Commerce Drive #138 • Boca Raton, FL • 33487 • 561-998-7997 • email: ivy@bgdemolition.com 4.3.1 PROPOSER’S EXPERIENCE & QUALIFICATIONS 4.3.1.3 Litigation: Provide a statement of any litigation or regulatory action that has been filed or is pending against your firm(s) in the last three (3) years. If an action has been filed, state and describe the litigation or regulatory action filed, and identify the court or agency before which the action was instituted, the applicable case or file number, and the status or disposition for such reported action. A.IN PROCESS: CASE NO: 2024-012650-CA-01 •CASE STATUS: FILED 8/15/24 •BG IS DEFENDANT IN CASE ALLEGING DEMOLITION-RELATED DUST B.CLOSED IN SETTLEMENT: •Defendant Lawyer: Gary S. Phillips, Esq. 4000 Hollywood Blvd, Suite 500N Hollywood, FL 33021 gphillips@phillipslawyers.comTel 954.966.1820 ext. 3010 Plaintiff Lawyer: MICHAEL WILLIAM SKOP, P.A. 6808 Griffin Road Davie, FL 33314 Tel: 954-791-2514 Email: RNLAW22@AOL.COM Telephone: Case Number: CASE NO: 16-6756 CA 01 (10). Jury ruled in favor of BG Group in April 2022. •Defendant Lawyer: Clay Schuett 8200 - 113th Street N., Suite 101 | Seminole, FL 33772 clay@schuett-law.com 727-712- 3663 Ext. 302 - Office Plaintiff Lawyer: Gary S. Phillips, Esq. 4001 Hollywood Blvd, Suite 500N Hollywood, FL 33021 gphillips@phillipslawyers.com Tel 954.966.1820 ext. 3010 Case Number: 062020CA007184AXXXCE. In May 2020, we filed a suit against a subcontractor, Southeast Abatement Services, for lack of performance on various projects, the largest of which is known as Flamingo Renovations. 471 THE BG GROUP LLC 751 Park of Commerce Drive #138 • Boca Raton, FL • 33487 • 561-998-7997 • email: ivy@bgdemolition.com COST OF GOODS/SERVICES 4.3.2: Attachment F is attached. BG Group firm pricing is indicated in the included Excel spreadsheet and is all inclusive in accordance with the terms, conditions and specifications of this RFP. Additional information for Pricing Sheet: Waste Fee Prices/Municipality is as follows. REPUBLIC SERVICES From: Salnave, Lincy LSalnave@republicservices.com The pricing and tonnage is below for Coconut Creek C&D – •10 yd $567.27 - Includes 4 tons of disposal $51.26 per ton (after 4 tons) Plus Franchise fees of $24.12 / ton •20 yd - $705.86 - Includes 5 tons of disposal $51.26 per ton (after 5 tons) Plus Franchise fees of $24.12 / ton •30 yd - $843.47 - Includes 6 tons of disposal $51.26 per ton (after 6 tons) Plus Franchise fees of $24.12 / ton •40 yd - $980.99 - Includes 7 tons of disposal $51.26 per ton (after 7 tons) Plus Franchise fees of $24.12 / ton For the city of Sunrise you cannot go over 10 tons. Pricing Is below. Pricing is per haul •10 yd 547.63 •20 yd – 709.63 •30 yd – 871.63 •40 yd – 1033.63 •$125 rental fee on open top containers not pulled in 30 days For further assistance please contact 954-327-9504 COASTAL WASTE Please see the price per ton for disposal costs in each city below. Cooper City- $49.93 per ton for C&D. $66.94 per ton for MSW. Davie- $51.26 per ton for C&D. $67.43 per ton for MSW. Pompano Beach- C&D is a flat rate per haul with no additional disposal costs. $85.21 per ton for MSW. For Coral Springs C&D is $51.26 per ton and MSW is $67.43 per ton, same rate as davie 472 THE BG GROUP LLC 751 Park of Commerce Drive #138 • Boca Raton, FL • 33487 • 561-998-7997 • email: ivy@bgdemolition.com Michael Chayet Sales Executive P: 954-947-4000 M: 954-304-5914 www.coastalwasteinc.com 1840 N.W 33st, Pompano Beach, FL 33064 WASTEPRO From: Mauricio Martinez <mmartinez@wasteprousa.com> This is P. Pines. C&D Rates are bottom right. 473 THE BG GROUP LLC 751 Park of Commerce Drive #138 • Boca Raton, FL • 33487 • 561-998-7997 • email: ivy@bgdemolition.com City of Miramar Rates Pull Services (charges are/pull) 10/01/2024 - 9/30/2025 Exhibit No. 5 - Pull Services (charges are per pull) Container Size PIck up and Haul Container Size 10 CY 15 CY 20 CY 30 CY 40 CY Disposal PIck up and Haul $355.40 $376.62 $397.84 $419.06 $440.27 TBD - is the cost of disposal of materials based on its weight Disposal TBD TBD TBD TBD TBD TBD - is the cost of disposal of materials based on its weight Pull Service Delivery: Container Size Pull Service Delivery: Container Size 10 CY 15 CY 20 CY 30 CY 40 CY wp $152.47 $152.47 $152.47 $152.47 $152.47 ff $15.75 $15.75 $15.75 $15.75 $15.75 total $168.22 $168.22 $168.22 $168.22 $168.22 FF $42.06 $42.06 $42.06 $42.06 $42.06 Total $210.28 $210.28 $210.28 $210.28 $210.28 Pull Service Maintenance less than (<) 30 days (charges are per day): Pull Service Maintenance less than (<) 30 days (charges are per day): Container Size Container Size 10 CY 15 CY 20 CY 30 CY 40 CY wp $4.54 $4.54 $4.54 $4.54 $4.54 ff $1.14 $1.14 $1.14 $1.14 $1.14 total $5.68 $5.68 $5.68 $5.68 $5.68 Pull Service Maintenance greater than (>) 30 days (charges are per day): Pull Service Maintenance greater than (>) 30 days (charges are per day): Container Size Container Size 10 CY 15 CY 20 CY 30 CY 40 CY wp $4.41 $4.41 $4.41 $4.41 $4.41 ff $1.47 $1.10 $1.10 $1.10 $1.10 total $5.88 $5.88 $5.88 $5.88 $5.88 WASTE MANAGEMENT In the cities where we are able to provide service, the price per ton for construction/demo for BG Group = $62.50 per ton. 474 THE BG GROUP LLC 751 Park of Commerce Drive #138 • Boca Raton, FL • 33487 • 561-998-7997 • email: ivy@bgdemolition.com DJ Wilson, Builder’s Direct Desk Agent, Florida Builder’s Direct Desk dwilso31@wm.com T: 800-269-0073 2380 College Ave, Davie, FL 33317 CITY OF DEERFIELD BEACH Please see below pricing information; 20yd: $504.03 Trip charge / Dry run: $63.00 Relocate: $63.00 Expedited Service – Same day service: $126.01 20yd roll off has a weight cap of 5.5 tons, anything over 5.5 tons will be charged at the current disposal rate. The rates are as followed: TRASH - $61.29 C&D - $61.29 475 THE BG GROUP LLC 751 Park of Commerce Drive #138 • Boca Raton, FL • 33487 • 561-998-7997 • email: ivy@bgdemolition.com 30yd: $630.03 Trip charge / Dry run: $63.00 Relocate: $63.00 Expedited Service – Same day service: $126.01 30yd roll off has a weight cap of 6 tons, anything over 6 tons will be charged at the current disposal rate. The rates are as followed: TRASH - $61.29 C&D - $61.29 Thank you, HAILEY ECHEVARRIA Sustainable Management Customer Service Analyst 954.480.4391 401 SE 4th St, Deerfield Beach FL 33441 www.dfb.city hrutledge@ymail.com 100 Years of Community 476 477 478 RFP Bid #RFP25-093 Demolition Services Company Name: THE BG GROUP LLC **all prices assume no ACM and no disposal (which is passthrough per bid docs)** Item #Description Estimated Quantity Unit of Measure Price Per Unit of Measure (See note 1 below) Extended Total Price 1 Concrete Block Structure (CBS) without partitions 10,000 SQ FT $4.55 $45,500.00 2 Concrete Block Strucutre (CBS) with partitions 15,000 SQ FT $4.68 $70,200.00 3 Portable wood units. Typical portables are between 850 and 1,100 sq. ft. Estimated 300 portables are to be demolished 2025- 2026. (see note 3 ) 300,000 SQ FT $5.94 $1,782,000.00 4 Additional hourly rate when surgical removal of a middle portable unit needs to be demoed from a bank of multiple portables. Labor Rate, per hour, per crew (Crew = labor and equipment) 10,000 HOUR $450.00 $4,500,000.00 5 Metal structures without partitions 4,000 SQ FT $4.10 $16,400.00 6 Driveway/concrete pad removal 150,000 SQ FT $5.75 $862,500.00 7 Driveway/asphalt removal.60,000 SQ FT $5.18 $310,800.00 8 Septic tank (sq ft of lid)1,000 SQ FT $11.50 $11,500.00 9 Pump out lift station/septic tank.1 COST PER 1000 GALLON (OR LESS) TANK $800.00 $800.00 10 Pump out lift station/septic tank for each 100 gallons in excess of 1,000 gallon tank.1 COST FOR EACH 100 GALLONS $55.00 $55.00 11 Swimming pool 800 SQ FT $4.02 $3,216.00 12 Fence, chain link.5,000 LIN FT $1.49 $7,450.00 13 Fence, wood.5,000 LIN FT $2.48 $12,400.00 14 Fence, masonry.100 LIN FT $3.90 $390.00 15 Screen enclosures.5,000 SQ FT $5.50 $27,500.00 $7,650,711.00 PRICING SHEET Quantities listed are estimates and are not guaranteed. NOTE: Environmental materials (asbestos / mercury / refrigerant / etc.) will be addressed by the district prior to being turned over to the demolition contractor. Submit electronically. Instructions to Proposer: 1. Enter pricing information in column F. 2. Formulas will calculate based on pricing entered below. THE TOTAL AMOUNT WILL BE UTILIZED FOR SCORING PURPOSES -> 479 480 481 482 THE BG GROUP LLC 751 Park of Commerce Drive #138 • Boca Raton, FL • 33487 • 561-998-7997 • email: ivy@bgdemolition.com SUPPLIER DIVERSITY OUTREACH PROGRAM PARTICIPATION: SUPPLIER DIVERSITY OUTREACH PROGRAM (SDOP) 4.3.4 The BG Group LLC agrees to fully participate in the SBBC’s Supplier Diversity Outreach Program and to advertise and award opportunities to responsive and responsible SWBEs as required. We have a history of doing so on prior projects. To wit, on two recent Broward County CBE projects on which we were prime contractor, we exceeded our CBE goals, as shown below. We are fully committed to helping CBEs grow and have since utilized the subcontractors found below on other BG Group projects without such a CBE requirements. Helping CBEs grow organically is, after all, the overall purpose of the OESBD program. 483 THE BG GROUP LLC 751 Park of Commerce Drive #138 • Boca Raton, FL • 33487 • 561-998-7997 • email: ivy@bgdemolition.com OTHER FORMS Attachments E, G, I, J/W9 and COI are attached. 484 485 486 487 488 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 11/6/2024 License # 0C36861 (561) 430-6093 10851 The BG Group LLC 751 Park of Commerce Dr. Ste 138 Boca Raton, FL 33487 16044 16131 10335 45055 A 1,000,000 X CF3GL00452-241 7/1/2024 7/1/2025 100,000 Excluded 1,000,000 2,000,000 2,000,000 1,000,000B CF3CA00349-241 7/1/2024 7/1/2025 2,000,000C CLXD6566800S 7/1/2024 7/1/2025 2,000,000 D 19653932 11/10/2024 11/10/2025 1,000,000 N 1,000,000 1,000,000 E Excess Liability ESXS2410003661-01 7/1/2024 Each Occurrence 3,000,000 The School Board of Broward County, Florida, its members, officers, employees and agents are included as Additional Insured with respect to General Liability where required by written contract. The School Board of Broward County, Florida Procurement & Warehousing Services Department 600 SE 3rd Avenue Fort Lauderdale, FL 33309 THEBGGR-01 JCARRILLO Boca Raton-Alliant Ins Svc Inc. 2300 Glades Rd Ste 250W Boca Raton, FL 33432 Carmen Rivera Carmen.Rivera@alliant.com Everest Indemnity Insurance Company Everest Denali Insurance Company HDI Specialty Insurance Company Bridgefield Casualty Insurance Company Ascot Specialty Insurance Company X 7/1/2025 X X X X X X X X 489 FORM NUMBER: EFFECTIVE DATE: The ACORD name and logo are registered marks of ACORD ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE FORM TITLE: Page of THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, ACORD 101 (2008/01) AGENCY CUSTOMER ID: LOC #: AGENCY NAMED INSURED POLICY NUMBER CARRIER NAIC CODE © 2008 ACORD CORPORATION. All rights reserved. Boca Raton-Alliant Ins Svc Inc. THEBGGR-01 SEE PAGE 1 1 SEE PAGE 1 ACORD 25 Certificate of Liability Insurance License # 0C36861 1 SEE P 1 The BG Group LLC 751 Park of Commerce Dr. Ste 138 Boca Raton, FL 33487 SEE PAGE 1 JCARRILLO 1 Additional Policies and References EXCESS LIABILITY CONTINUED: $3,000,000 Lead Excess Liability - $3,000,000 Each Occurrence and in the Aggregate. Umbrella and Excess Liability policies: Extends coverage to General Liability, Automobile Liability, Employers Liability (Workers Compensation). Umbrella and Excess Liability policies are follow form. POLLUTION LIABILITY AND INCIDENTAL PROFESSIONAL SERVICES LIABILITY: Policy Number MKLV2ENV103845 Policy Dates: 11/10/2024-11/10/2025 Company: Evanston Insurance Company Pollution Limit: Each Policy Limit/Aggregate $5,000,000 Incidental Professional Services Liability Limit: Each Act, Error, or Omission $2,000,000 and $2,000,000 in the Aggregate ALL COVERAGES ARE SUBJECT TO THE POLICY TERMS, CONDITIONS AND EXCLUSIONS. 490 POLICY NUMBER:CF3GL00452-241 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s)Location(s) Of Covered Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Any person or organization that entered into a written contract with the Named Insured requiring such person(s) or organization(s) to be named as an additional insured with respect to the Named Insured’s performance of operations at any location on behalf of such person(s) or organization(s). 491 Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 04 13 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 492 POLICY NUMBER: CF3GL00452-241 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s)Location And Description Of Completed Operations Any person or organization that entered into a written contract with the Named Insured requiring such person(s) or organization(s) to be named as an additional insured. Any location for which the Named Insured’s work was performed for such person(s) or organization(s) for any completed operations. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 493 751 Park of Commerce Dr., Suite 138, Boca Raton, FL 33487 Cell: 561-441-7465 Fax: 561-998-8815 email: konor@bgdemolition.com DATE: October 7, 2025 CUSTOMER: City of Boynton Beach TEL: 561-742-6986 EMAIL: ramseyk@bbfl.us BID #: 25-331 PROJECT: The Inn Hotel ADDRESS: 480 W Boynton Beach Blvd., 33435 ATTN: Kevin Ramsey SITE VISIT: YES DRAWINGS: Boundary and Topographic Survey (with Limits of Demolition markup) (Dated: 3.6.24) ADDENDUMS: Under the terms and conditions of this Proposal by and between The BG Group, LLC (BG Group) and City of Boynton Beach (customer), BG Group will provide all labor, material and supervision necessary to complete the demolition and removal work described herein: Total Proposal Amount: $575,000.00 (Five Hundred Seventy Five Thousand and No/100’s) Perform Structural Demolition according to plan specifications listed above, to include only the following , in compliance with line items from Broward County Public Schools (BCPS) Term Contract RFP 25-093 • Demolition, Removal & Disposal of (1) Four Story Building & (1) One Story Building (Including Underground Parking Level) Including Canopies, Slabs & Foundations • Removal & Disposal of Asphalt Pavement Including Pavement Base Material • Removal & Disposal of Concrete Sidewalks, Concrete Slabs, Brick Pavers, Concrete Ramp, Concrete Pavement, Concrete Wheel Stops, Concrete Curbing & Concrete Curb and Gutter • Removal & Disposal of Swimming Pool Including Deck & Equipment • Removal & Disposal of Chain Link Fencing, Wood Fencing and CMU Property Walls/Fencing/Planters • Removal & Disposal of (2) Catch Basins & Including Storm Sewer Piping and/or Exfiltration Trench (Below Grade Parking Area) • Rough Grading of Demolition Area (Backfilling of Voids with ONSITE Dirt Material ONLY) BASE Item # Description Qty UofM $/UofM Total 2 CBS w/ Parts 50290 SF 4.68 $ 235,357.20 5 Metal Structure 568 SF 4.1 $ 2,328.80 6 Driveway / Concrete Pad Removal 17447 SF 5.75 $ 100,320.25 7 Driveway / Asphalt Pavement Removal 8221 SF 5.18 $ 42,584.78 11 Swimming Pool 1330 SF 4.02 $ 5,346.60 12 Fence, chain link 290 LF 1.49 $ 432.10 13 Fence, wood 21 LF 2.48 $ 52.08 14 Fence, masonry 659 LF 3.9 $ 2,570.10 Subtotal $ 388,991.91 LUMP SUM TRUCKING AND DISPOSAL* *Per the BCPS RFP, Section 4.3.2.2: All costs associated with the disposal fees will be charged as a passthrough with no mark-ups or other LUMP SUM $132,152.00 Construction • Demolition • Environmental Remediation 494 751 Park of Commerce Dr., Suite 138, Boca Raton, FL 33487 Cell: 561-441-7465 Fax: 561-998-8815 email: konor@bgdemolition.com additional costs. The awardee shall provide the copy of the invoices for such fees to be entitled for payment Total $ 521,143.91 **THE FOLLOWING ITEMS ARE ALSO REQUIRED TO PERFORM THE PROJECT, BUT ARE NOT INCLUDED IN THE ABOVE TABLE BECAUSE THEY ARE NOT ITEMIZED IN BG GROUP’S BCPS TERM CONTRACT. AS SUCH, THESE ITEMS, WHICH REPRESENT A TOTAL COST OF $105,000, ARE PRESENTED AS A LUMP SUM PACKAGE THAT THE BG GROUP IS WILLING TO PERFORM AT A DISCOUNTED RATE OF $53,856.09: • Demolition Permit • Elevator Decommission • Freon Abatement, Bulbs, Ballasts, Mercury Switches, Etc. • ACM Abatement – Per Asbestos Survey Report by ARS Environmental, Inc. (Dated: 9.22.22) • Utility Cut and Cap (Water & Sewer) • Installation of Silt Fence • Installation of Temp CLF (6’H) with Windscreen & Gate (Where necessary) • Installation of Truck Wash • Rodent Inspection • Catch Basin Protection (within Site ONLY) • Sodding of Disturbed Areas ADD/ALT, NOT INCLUDED IN PROPOSAL AMOUNT ABOVE (PLEASE INITIAL HERE (Initials: ____) IF THIS WORK IS DESIRED) 7 TERM PRICE: Driveway / Asphalt Pavement Removal 39367 SF 5.18 $ 203,921.06 Subtotal $ 203,921.06 LUMP SUM TRUCKING AND DISPOSAL LUMP SUM $ 20,522.00 NOT IN TERM CONTRACT SO PRESENTED LUMP SUM: Driveway / Asphalt Pavement Base Removal LUMP SUM $ 27,666.00 NOT IN TERM CONTRACT SO PRESENTED LUMP SUM: Lighting 'Infrastructure' LUMP SUM $ 6,000.00 Total $ 258,109.06 PROJECT SPECIFIC NOTES: Work to be completed in one mobilization, additional mobilizations are $3,000.00 EA. Foundations to be removed up to (3) Three feet below grade, No Pile Removal / Extraction ***Quote subject to change based on site visit/plans/documents /AHJ Requirements*** EXCLUSIONS: • Shoring & Bracing • Temporary Water • Barricades • Dewatering • Site & Temp Fencing • Other Hazardous Material 495 751 Park of Commerce Dr., Suite 138, Boca Raton, FL 33487 Cell: 561-441-7465 Fax: 561-998-8815 email: konor@bgdemolition.com • Night & Weekend • Electric Disconnects • Backfill • Seismic Monitoring, if requested by Client or required by municipality • MOT/ Lane Closure • City Sidewalks / ROW • Offsite Work • Overhead Utility Lines • Underground Utilities & Irrigation Lines • Inlet / Drain Vacuuming • Trees, Landscape Plant Material, Sod Removal • Tree Protection • Tree Relocation • Pavement Base Material • Protection • Layout • Any Work Not Specifically Listed as Included Above • Owner Salvage • Site Security 2. Work by The BG Group: 2.1 The BG Group will verify all utilities that serviced the structures or equipment to be removed have been disconnected prior to the start of any work. 2.2 The BG Group will remove, load, haul and legally dispose of all combustible, solid and metallic debris resulting from the above captioned removal work. 2.3 Provide water supply (if not excluded above) in sufficient quantity and pressure and in close proximity to the removal site to support all dust control and fire control measures necessary for the completion of the work. 2.4 Unless specified otherwise, any sod installation priced in this proposal will be Bahia. Pricing for alternative types can be provided upon request. 3. Licenses, Notifications, Regulations and Insurance 3.1 Prepare and submit any notifications required to complete the work described in this Agreement. 3.2 The BG Group will maintain Workers Compensation with a $1,000,000.00 limit, General Liability Insurance with a combined per occurrence limit of $2,000,000.00/$2,000,000.00 aggregate and a $5,000,000.00 umbrella, Pollution Liability Insurance with $5,000,000 Limit and Auto Insurance with a $1,000,000.00 limit. 3.3 The BG Group shall name Customer as an additional insured on their commercial general liability insurance policy, providing coverage for 'ongoing operations' and 'completed operations' arising out of the work performed under this contract, with coverage to be primary and non- contributory, including a waiver of subrogation rights against the additional insured. 4. Work by Customer: Customer agrees to perform the following in a timely manner so as not to impede the progress of The BG Group’s work described herein: 4.1 Authorize The BG Group to utilize any or all of the necessary equipment and/or devices to complete the work in this Agreement. The following items may be used on this job: o Excavators of multiple sizes with assorted attachments o Rubber Tire Loaders o Track Loaders o Skid Steers (track or rubber tire) o Lifts (Scissor, Boom, Lulls, etc.) o Hydraulic Saws o Assorted Hand Tools 5. Contract Conditions: The Customer and The BG Group agree that: 5.1 The BG Group shall occupy the entire work area exclusively upon the commencement of The 496 751 Park of Commerce Dr., Suite 138, Boca Raton, FL 33487 Cell: 561-441-7465 Fax: 561-998-8815 email: konor@bgdemolition.com BG Group’s work. The BG Group shall not be responsible for the safety of any person who enters the work area unless such person has been specifically authorized by The BG Group to enter the work area. 5.2 The BG Group will schedule work between the hours of 7am and 6pm, Monday through Saturday. 5.3 Customer will convey to The BG Group all rights to, title to, and interest in, all building contents and/or salvageable materials, not listed as excluded on this proposal that were located within the structures at the time of the walk through for bidding purposes. 5.4 Customer understands, acknowledges and agrees that BG will need to obtain a permit to perform the demolition work in accordance with Scope Inclusions and Exclusions listed above. With respect to the permit, Customer will fully cooperate with BG on any per mit-related needs including, but not limited to, pre- or post-permit issuance. Further, if BG obtains any project permit under BG’s license, or obtains any sub-permit under the license of one of BG’s subcontractors for the Work, Customer shall perform any needed work not specifically included in BG's scope but required by any governmental authority to close the permit prior to its expiration (the "Customer Work"), at Customer's sole cost and expense. If, Customer fails to perform the Customer Work within 10 days after receipt of notice of BG's demand for same then Customer shall be responsible for any damages incurred by BG including, but not limited to, costs, fees, violations, fines, attorneys' fees and consequential damages that may be assessed against BG or its subcontractors by any permitting issuing authority. As each jurisdiction has different permit submittal requirements, and these requirements change from time to time, we present typical pertinent demo permit-related items that you may wish BG, or others, to perform as add alternates. Our in-house permit experts are happy to discuss any in detail as they apply to your particular project when it is ready to move forward. This will ensure that our scope inclusions are most current and not duplicative with other buyouts you may be planning. Customer is also responsible for any requirements by AHJ to close out permit that are not listed in the above scope inclusions. Payment: Payment will be invoiced for on a monthly basis based on percentage completion against a stated Schedule of Values, and should be made to The BG Group, LLC within 10 days of approved invoice without exception or retention and whether or not Customer has received payment from any other source. Any late payments will accrue interest at a rate of 12% per annum on a monthly basis. Payment to be made by check or wire. Alternative terms may be negotiated prior to commencement. Acceptance: This Proposal shall remain an offer for acceptance by Customer for a period of thirty days. The BG Group, at its discretion, may terminate thereafter. Sincerely, Konor Shoup Estimator 561.441.7465 Accepted By: ____________________________________ Date: ________________ 497 EXHIBIT "A" Fiscal Year 2025-2026 Projects City Project # Project Name BBCRA Funding 1 MLK Jr. Boulevard Streetscape Improvements Design & Construction $800,000 2 Federal Highway Streetscape $450,000 3 Pence Park Design, Permit & Construction $4,400,000 4 Harvey Oyer Park Pier Design & Permit $450,000 5 Senior Center Design $100,000 6 Jaycee Park Master Design $550,000 7 Centennial Park Improvement Design & Construction $750,000 8 Cottage District Road Improvement Design $200,000 9 Ocean Avenue Bridge Lighting $100,000 10 Federal Highway Crosswalk $600,000 11 4th Street Streetscape Improvement $250,000 12 Historic Woman’s Club of Boynton Beach $500,000 13 Entry Feature Signage $50,000 14 Town Square Hardening (Bollards) $200,000 15 Inn at Boynton Demolition $500,000 16 Neighborhood Security Gate $50,000 FY2025-2026 Total $9,950,000 498 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 6/30/2025 License # 0C36861 (561) 430-6093 10851 The BG Group LLC 751 Park of Commerce Dr. Ste 138 Boca Raton, FL 33487 10193 16131 10335 45055 A 1,000,000 X CF3GL00452-251 7/1/2025 7/1/2026 100,000 Excluded 1,000,000 2,000,000 2,000,000 1,000,000B CA113360850 7/1/2025 7/1/2026 2,000,000C CLXD6566801S 7/1/2025 7/1/2026 2,000,000 D 19653932 11/10/2024 11/10/2025 1,000,000 N 1,000,000 1,000,000 E Excess Liability ESXS2510003661-02 7/1/2025 Each Occurrence 3,000,000 City of Boynton Beach is included as Additional Insured with respect to General Liability where required by written contract. City of Boynton Beach 100 E. Ocean Ave Boynton Beach, FL 33435 THEBGGR-01 MSARABIA Boca Raton-Alliant Ins Svc Inc. 2300 Glades Rd Ste 250W Boca Raton, FL 33432 Carmen Rivera carmen.rivera@alliant.com Everest Indemnity Insurance Company Progressive Express Insurance Company HDI Specialty Insurance Company Bridgefield Casualty Insurance Company Ascot Specialty Insurance Company X 7/1/2026 X X X X X X X X 499 FORM NUMBER: EFFECTIVE DATE: The ACORD name and logo are registered marks of ACORD ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE FORM TITLE: Page of THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, ACORD 101 (2008/01) AGENCY CUSTOMER ID: LOC #: AGENCY NAMED INSURED POLICY NUMBER CARRIER NAIC CODE © 2008 ACORD CORPORATION. All rights reserved. Boca Raton-Alliant Ins Svc Inc. THEBGGR-01 SEE PAGE 1 1 SEE PAGE 1 ACORD 25 Certificate of Liability Insurance License # 0C36861 1 SEE P 1 The BG Group LLC 751 Park of Commerce Dr. Ste 138 Boca Raton, FL 33487 SEE PAGE 1 MSARABIA 1 Additional Policies and References EXCESS LIABILITY CONTINUED: $3,000,000 Lead Excess Liability - $3,000,000 Each Occurrence and in the Aggregate. Umbrella and Excess Liability policies: Extends coverage to General Liability, Automobile Liability, Employers Liability (Workers Compensation). Umbrella and Excess Liability policies are follow form. POLLUTION LIABILITY AND INCIDENTAL PROFESSIONAL SERVICES LIABILITY: Policy Number MKLV2ENV103845 Policy Dates: 11/10/2024-11/10/2025 Company: Evanston Insurance Company Pollution Limit: Each Policy Limit/Aggregate $5,000,000 Incidental Professional Services Liability Limit: Each Act, Error, or Omission $2,000,000 and $2,000,000 in the Aggregate ALL COVERAGES ARE SUBJECT TO THE POLICY TERMS, CONDITIONS AND EXCLUSIONS. 500 POLICY NUMBER: CF3GL00452-25 COMMERCIAL GENERAL LIABILITY CG 20 10 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Orqanization(s) Any person or organization that entered into a written contract with the Named Insured requiring such person(s) or organization(s) to be included as an additional insured with respect to the Named lnsured's performance of operations at any location on behalf of such person(s) or organization(s). A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. Location(s) Of Covered Operations B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 0413 © Insurance Services Office, Inc., 2012 INSURED COPY Page 1 of 2 501 C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not applicable Limits of Insurance Declarations. increase the shown in the Page 2 of 2 © Insurance Services Office, Inc., 2012 INSURED COPY CG 20 10 0413 502 POLICY NUMBER:CF3GL00452-25 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person{s) Or Organization{s) Location And Description Of Completed Operations "ANY PERSON OR ORGANIZATION THAT ENTERED INTO A WRITTEN CONTRACT WITH THE NAMED INSURED REQUIRING SUCH PERSON (S) OR ORGANIZATION(S) TO BE INCLUDED AS AN ADDITIONAL INSURED. ANY LOCATION FOR WHICH THE NAMED INSURED'S WORK WAS PERFORMED FOR SUCH PERSON(S) OR ORGANIZATION(S) FOR ANY COMPLETED OPERATIONS. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 0413 © Insurance Services Office, Inc., 2012 INSURED COPY Page 1 of2 503 B. With respect to the insurance afforded to these additional insureds, the following is added toSection Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of2 © Insurance Services Office, Inc., 2012 INSURED COPY CG 20 37 0413 □ 504 City of Boynton Beach Agenda Item Request Form 7.D Consent Bids and Purchases 11/ 4/2025 Meeting Date: 11/ 4/2025 Proposed Resolution No. R25-290- Award Request for Proposal No. 25-058R for HVAC Equipment, Maintenance Products, Services, and Repairs to Shamtec, Inc., and approve a Citywide Contract between the City and Shamtec, Inc., in an amount not-to-exceed $500,000 annually for an initial three (3)-year term, with one (1) optional two (2)-year renewal, subject to the availability of budgeted funds and satisfactory vendor performance. Requested Action: Staff recommends approval of Proposed Resolution No. R25-290. Explanation of Request: TERM: Three (3) year period with one (1) optional renewal of an additional two (2) years. Ensuring reliable heating, ventilation, and air-conditioning (HVAC) across City facilities- City Hall, Public Works, parks buildings, community centers, and public safety facilities - is mission-critical for service continuity, occupant comfort, and asset protection. Outsourcing HVAC services to a qualified contractor provides the City of Boynton Beach with immediate access to specialized technicians, faster response times, and performance guarantees without the fixed cost and administrative burden of maintaining a full in-house team and inventory. Contracted providers bring manufacturer certifications, lift/boiler/chiller expertise, advanced diagnostic tools, and a staffed call center that scales for hurricanes, heat advisories, and seasonal peaks- capabilities that are costly to replicate internally. On July 18, 2025, the City issued Request for Proposal (RFP) 25-058R for HVAC Equipment, Maintenance Products, Services, and Repairs. This initiative was a collaborative effort between the Public Works Department and the Procurement Division to secure a qualified vendor capable of delivering reliable HVAC-related services and supplies to support city operations. The RFP was publicly broadcast and remained open until September 8, 2025. By the closing date, the City received three (3) complete proposal submissions from qualified vendors. An Evaluation Committee was formed to review and score the proposals based on the criteria outlined in the RFP, including qualifications, experience, pricing, service capabilities, and compliance with technical specifications. The committee convened on October 3 and October 8, 2025, to conduct a thorough evaluation. Following the evaluation process, the committee determined that the proposal submitted by Shamtec, Inc. was the most advantageous to the City. Shamtec’s submission demonstrated 505 strong technical capabilities, competitive pricing, and a clear understanding of the City’s HVAC service needs. Following the evaluation process, the committee identified Shamtec, Inc. as the most advantageous proposer. To ensure the vendor ’s ability to meet all contract requirements, City staff conducted a negotiation meeting with Shamtec, Inc. on October 14, 2025. During this meeting, Shamtec confirmed its capacity to fulfill the full scope of services outlined in the RFP. Staff recommends that the City Commission approve the award of RFP 25-058R to Shamtec, Inc. and authorize the Mayor to execute all necessary agreements to initiate services for an amount not to exceed $500,000 annually. How will this affect city programs or services? This initiative will improve reliability and comfort across City facilities, reducing service interruptions and ensuring quicker response to HVAC issues. It allows staff to focus on core operations while maintaining safe, functional, and energy-efficient environments for employees and the public. Budgeted Item: Yes Account Line Item and Description: Annually $500K with various accounts Fiscal Impact: This is a budgeted item. Attachments: R25-290 Agenda_Item_3895-2025_Resolution_to_Award_RFP_25-058R_for_HVAC.docx Exhibit A to Resolution - 25-058R Shamtec Inc. Agreement - Vendor Signed.pdf Exhibit A - RFP 25-058R HVAC Equipment Products Services and Repairs -Final.pdf Exhibit B - 25-058R - Shamtec Inc - Complete.pdf COI 1 COI 2 City of Boynton Beach (1)UPDATED 10.30.25.pdf 506 RESOLUTION NO. R25-290 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, AWARDING REQUEST FOR PROPOSAL NO. 25-058R 2 FOR HVAC EQUIPMENT, MAINTENANCE PRODUCTS, SERVICES, AND 3 REPAIRS TO SHAMTEC, INC.; APPROVING AN AGREEMENT WITH 4 SHAMTEC, INC. IN AN AMOUNT NOT TO EXCEED $500,000 5 ANNUALLY; AND FOR ALL OTHER PURPOSES. 6 7 WHEREAS, on July 21, 2025, the City issued Request for Proposal (“RFP”) No. 25-058R 8 for Citywide Heating, Ventilation, & Air Conditioning Equipment, Maintenance, Products, 9 Services, and Repairs; and 10 WHEREAS, the RFP closed on September 8, 2025, with the City receiving three qualified 11 responses; and 12 WHEREAS, the City Evaluation Committee met in a publicly noticed meeting to score 13 and rank the proposals, determining that Shamtec, Inc. (“Contractor”) submitted the top-ranked 14 proposal; and 15 WHEREAS, the City has concluded negotiations with the Contractor and agreed upon an 16 annual amount not to exceed Five Hundred Thousand Dollars ($500,000.00) to provide the 17 required services for an initial term of three (3) years with one optional two (2) year renewal; and 18 WHEREAS, the City Commission finds it in the best interest of the City to award RFP No. 19 25-058R to Shamtec, Inc. for Citywide Heating, Ventilation, & Air Conditioning Equipment, 20 Maintenance, Products, Services, and Repairs, and approve an Agreement with Shamtec, Inc. 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 hereof. 26 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 27 award RFP No. 25-058R for Citywide Heating, Ventilation, & Air Conditioning Equipment, 28 Maintenance, Products, Services, and Repairs to Shamtec, Inc. 29 SECTION 3. The City Commission hereby approves the Agreement Between the City 30 and Shamtec, Inc. for RFP No. 25-058R for Citywide Heating, Ventilation, & Air Conditioning 31 507 RESOLUTION NO. R25-290 Equipment, Maintenance, Products, Services, and Repairs, with an annual amount not to exceed 32 $500,000 (the “Agreement”), in form and substance similar to that attached as “Exhibit A”. 33 SECTION 4. The City Commission of the City of Boynton Beach, Florida, hereby 34 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any 35 ancillary documents required under the Agreement or necessary to accomplish the purposes of 36 the Agreement, including any term extensions as provided in the Agreement, provided such 37 documents do not modify the financial terms or material terms. 38 SECTION 5. The City Commission of the City of Boynton Beach, Florida, hereby 39 authorizes the City Manager to execute any Task Orders in accordance with the City’s 40 procurement policy thresholds. 41 SECTION 6. The fully executed Agreement shall be retained by the City Clerk as a 42 public record of the City, and a copy shall be provided to Rhonda Kaplan to forward to Shamtec, 43 Inc. 44 SECTION 7. This Resolution shall take effect as provided by law. 45 46 [Signatures On The Following Page] 47 48 508 RESOLUTION NO. R25-290 PASSED AND ADOPTED this ______ day of __________________ 2025. 49 CITY OF BOYNTON BEACH, FLORIDA 50 YES NO 51 52 Mayor – Rebecca Shelton _____ _____ 53 54 Vice Mayor – Woodrow L. Hay _____ _____ 55 56 Commissioner – Angela Cruz _____ _____ 57 58 Commissioner – Aimee Kelley _____ _____ 59 60 Commissioner – Thomas Turkin _____ _____ 61 62 VOTE ______ 63 ATTEST: 64 65 66 _____________________________ ______________________________ 67 Maylee De Jesús, MPA, MMC Rebecca Shelton 68 City Clerk Mayor 69 70 APPROVED AS TO FORM: 71 72 (Corporate Seal) 73 _______________________________ 74 Shawna G. Lamb 75 City Attorney 76 509 1 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND SHAMTEC, INC. FOR CONTRACTING SERVICES This Agreement is made as of this __ day of ____________, 2025, by and between THE CITY OF BOYNTON BEACH, a municipal corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Avenue, Boynton Beach, Florida 33435, hereinafter referred to as “City” and SHAMTEC, INC., a Florida corporation with a principal address of 13963 67TH Street North, West Palm Beach, Florida 33412, hereinafter referred to as “Contractor,” each a “Party” and collectively the “Parties.” WHEREAS, the City's Public Works Department developed specifications to seek a qualified and experienced firm to provide HVAC services to the City; WHEREAS the City issued Request for Proposals No. 25-058R (the “RFP") pursuant to state and local law to solicit proposals for Citywide Heating, Ventilation, & Air Conditioning Equipment, Maintenance, Products, Services and Repairs (the “Services”); and WHEREAS, the RFP closed on September 8, 2025, with Three proposal submissions; and WHEREAS the City created an evaluation committee, reviewed all proposals responses and scored the proposals in accordance with the criteria outline in the RFP; and WHEREAS the City selected Contractor as the best qualified to perform the Services; and WHEREAS the City desires to engage Contractor to provide such services to the City on both a regularly scheduled and as an as-needed basis 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 B (which services are hereinafter referred to as the “Services”). Contractor may be requested to provide specific Services for various and different tasks or projects. 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 Service Performance. The Contractor shall perform all services in accordance with the requirements and specifications provided by the City. The Contractor shall cooperate with the City to develop and adhere to a mutually agreeable project schedule. 510 2 a. A scope of services. b. An estimate of fees and costs based on the hourly rates established in this Agreement with sufficient detail to identify the various elements of costs, which 2. TIME FOR PERFORMANCE. a. Commencement of Work. Services under the Agreement and any applicable work shall commence upon the City giving written notice to the Contractor to proceed along with a purchase order. Contractor shall perform all Services and provide all deliverables required pursuant to this Agreement. Time is of the essence for the Contractor performance of the duties, obligations, and responsibilities required by this Agreement. b. The term of this contract, as stated in Exhibit A, and attached hereto is for a three (3) year period and the City reserves the right to extend it for a period not to exceed an additional two (2) years by mutual agreement and by filing a written notice signed by the contractor 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. c. Delays; Untimely Performance. i. Delays; No Fault of Contractor. If Contractor is unable to timely complete all or any portion of the Services because of delays resulting from untimely review by the City or other governmental agencies having jurisdiction over the project and such delays are not the fault of Contractor, or because of delays caused by factors outside the control of Contractor, the City shall grant a reasonable extension of time for completion of the Services. It shall be the responsibility of the Contractor to notify the City in writing whenever a delay in approval by a governmental agency is anticipated or experienced and whenever a delay has been caused by factors outside of the Contractor’s control and to inform the City of all facts and details related to the delay. Contractor must provide such written notice to the City within three (3) business days after the occurrence of the event causing the delay. ii. Delays Due to Contractor. If Contractor fails to substantially complete the Services in whole or in part on or before the date established in each Task Order, Contractor shall pay City its proportional share of any claim for damages arising out of the delay. This section shall not affect either Party's indemnification rights or obligations otherwise outlined in this Agreement. 3. AMOUNT AND METHOD OF COMPENSATION. a. Compensation. As compensation for Services rendered by Contractor to the City pursuant to ‘Exhibit C’ incorporated herein, and according to the terms and specifications of the RFP, the Contractor shall invoice the City on a monthly basis for all Preventative Maintenance performed at each location with an annual amount not to exceed Three Hundred Ninety-Eight Thousand Two Hundred Seventy-Six Dollars ($398,276.00) (“Fee”) calculated based on the anniversary date of complete execution of the Agreement as well as $101,724.00 as an allowance for 511 3 additional work that occurs outside of the regular maintenance schedule. If work is required for products, services or repairs not included in the estimated preventative cost for each location, a quote shall be provided to the City. The Fee for this work is based on the Hourly Rates outlined in the Fee Schedule attached hereto as Exhibit C and incorporated into this Agreement by reference. b. Subcontractor Fees. If subcontractor is permitted, the Contractor shall bill the City for subcontractor fees with no markup and within any applicable maximum not-to- exceed amount. 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 Consultant: Shamtec, Inc. 13963 67TH Street West Palm Beach, Florida 33412 Telephone: 561-352-4208 Email: shamtec@yahoo.com 5. INVOICES AND PAYMENT. Invoices must identify the PO number, and should be mailed to: Boynton Beach Finance Department Attn: Accounts Payable P.O. Box 310 Boynton Beach, FL 33425 Invoices shall show the nature of the service and dates(s) of service. Invoices based on hourly rates shall show the actual hours worked, 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 performed and completed pursuant to a duly executed Task Order and 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 512 4 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 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. 6. 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. 7. 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 law or section 768.28, Florida Statutes, as may be amended. 8. ATTORNEY’S FEES. If either Party brings suit to enforce the Agreement, each Party shall bear its own attorney's fees and court costs. 9. 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 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 CONSULTANT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: 513 5 CITY CLERK OFFICE 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6060 CityClerk@bbfl.us 10. 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. 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. 11. E-VERIFY. Consultant 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 Consultant, Consultant may not be awarded a public contract for one (1) year after the date of termination. 12. ENTITIES OF FOREIGN CONCERN. The provisions of this section apply only if Contractor or any subcontractor 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 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 subcontractor that will have access to personal identifying information shall submit to City executed affidavit(s) under penalty of perjury, in a form approved by City attesting that the entity does not meet any of the criteria in Section 287.138(2), Florida Statutes. Compliance with the requirements of this section is included in the requirements of a proper invoice for purposes of Section 6. 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. 13. ANTI-HUMAN TRAFFICKING. On or before the effective date of this Agreement, Contractor shall provide City with an affidavit attesting that the Consultant does not use coercion for labor or services, in accordance with Section 787.06(13), Florida Statutes. 14. COUNTRIES OF CONCERN. The Consultant represents that it is and will remain in compliance with Section 286.101, Florida Statutes, for the duration of the term. 15. 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. 514 6 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. 16. 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. 17. TRUTH-IN-NEGOTIATION REPRESENTATION. Contractor’s compensation under this Agreement is based upon its representations to City. Consultant 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 Consultant’s compensation in this Agreement. 18. 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. 19. 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. 20. 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 competent jurisdiction exclusively in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 21. TERMINATION. 515 7 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. 22. INDEMNIFICATION. Contractor shall indemnify and hold harmless the City and its elected and appointed officers, agents, assigns and employees, Contractor, separate Contractor, any of their subcontractor, or sub-subcontractor (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’s, its agents, employees, subcontractors, subcontractors, 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 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 Consultant 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. 23. 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 516 8 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 subcontractor maintains insurance coverage that adequately covers the Services provided by that subcontractor on substantially the same insurance terms and conditions required of Contractor under this article. Contractor shall ensure that all such subcontractors comply with these requirements and that “and its officers, employees, and agents as additional insured” is named as an additional insured under the subcontractors’ applicable insurance policies. Contractor shall not permit any subcontractor to provide Services unless and until all applicable requirements of this article are satisfied. 24. 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 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. 25. INDEPENDENT CONTRACTOR. The Agreement does not create an employee/employer relationship between the Parties. The Parties intend that Consultant 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 26. COMPLIANCE WITH LAWS. Contractor hereby always warrants and agrees that 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. 27. BREACH OF REPRESENTATIONS. Contractor acknowledges that City is materially relying on the representations, warranties, and certifications of Contractor stated in its Proposal and 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 Consultant; (c) set off from any amounts due Consultant the total amount of any damage incurred; and (d) debarment of Consultant. 28. ASSIGNMENT. If this Agreement and any interests granted herein shall be assigned, 517 9 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 its assets related to this Agreement. Contractor shall provide City written notice of any such corporate reorganization, consolidation, merger, or sale of substantially all its assets related to this Agreement within thirty (30) calendar days of such event. 29. 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. 30. 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. 31. NON-EXCLUSIVE. This Agreement is non-exclusive. City may retain additional entities to perform the same or similar work. 32. 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. 33. RIGHTS IN DOCUMENTS AND WORK. a. Ownership. 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 Task Order. Contractor shall deliver to the City for approval and acceptance, and before being eligible for final payment of any amounts due under any Task Order, all documents and materials prepared for the City in connection with the Task Order. 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 518 10 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 subcontractor(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 in the applicable Scope of Services for any Task Order); and Contractor agrees to such reuse in accordance with this provision. 34. CONTRACTOR’S STAFF. Contractor will provide the key staff identified in its Proposal if they are in Contractor’s employment. Contractor will obtain prior written approval from the City to change key staff. Contractor shall provide City with such information as necessary for City to determine the suitability of proposed new key staff. City will be reasonable in evaluating key 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. 35. 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. 36. 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. 37. 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. 38. NON-DISCRIMINATION. Contractor and any subcontractors shall not discriminate based on 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. 39. CONTROLLING PROVISIONS. Except as otherwise specifically provided herein, in the event of any conflict between the specific provisions of this Agreement and the requirements or provisions of the RFP and/or Proposal, the provisions shall be given precedence in the following order: (1) this Agreement, (2) the RFP; and (3) the Proposal. Wherever possible, the provisions of the documents shall be construed in such a manner 519 11 as to avoid conflicts between the provisions of the various documents. 40. ENTIRE AGREEMENT. The Agreement, including the RFP, the Proposal, and 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 t. 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. 520 521 13 EXHIBIT A TERM OF AGREEMENT The City will award this contract for a three (3) year period and reserves the right to extend it for a period not to exceed an additional two (2) years by mutual agreement and by filing a written notice signed by the contractor 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. 522 14 EXHIBIT B SCOPE OF SERVICES AND FEE SCHEDULE PREVENTITIVE MAINTENANCE: A. Air Cooled Chillers Inspection Schedule (Police Dept. and Fire Stations receive monthly maintenance) Quarterly / Annual Maintenance Includes: • Report to Customer upon arrival. • Inspect overall unit condition. • Check all compressors and motors for proper amp draws • Check all oil levels, check for contamination, and note on report • Check all wiring terminals and tighten as needed • Check all contactors for wear and pitting • Check all Connections on relays • Check the operation sequence of chiller, adjust controls as required • Check all safety controls and verify operation • Check all oil heaters for operation • Check operating pressures of each circuit and record • Check and adjust all belts as required • Check all bearings and grease as needed • Check all compressors for visual leaks of oil or Freon • Inspect condenser fins for damage and / or problems • Check entering air and leaving air of condenser • Check interlock controls with pumps • Clean condenser coils (annually) • Oil samples (annually) B. Rooftop & Split Systems Units: - (Quarterly) • Check all control wiring for problems • Check and record all compressor run loads amps • Check all contactors and relays for operation and terminal connection • Check an safety controls for operation and terminal connection, adjust as required. • Check all condenser fan motors for operation and oil as required • Check condenser motor blades • Check all evaporator fan motors for operation and oil as required • Inspect evaporator blower assembly, grease bearings • Check all evaporator belts for alignment and adjust • Inspect evaporator coil and clean as required • Chemically clean evaporator and condenser coils (annually) • Inspect drain pan and clean as required • Provide filter and labor for one (1) filter change per quarter • Check condenser coils for damage and visible leaks • Check all evaporators for leaks • Inspect all internal and external piping • Provide annual acid and moisture test for each compressor circuit 523 15 • Inspect for abnormal operational vibration and correct as required • Check operation of thermostat and calibrate as required C. Air Handlers: (Quarterly) • Check motor and record amp draw • Check starter for operation and wiring terminations • Check belts for alignment and adjust as required • Check all bearings and grease as required • Visual inspection of shaft condition, report problems • Check and record entering and leaving air temperatures • Check operation of chill and hot water valves, note leaks • Verify drain operation and clear any obstructions • Chemically clean coil (annually) • Install pan tabs as required • Inspect filters and log conditions • Check and recalibrate static pressure sensors • Check and recalibrate humidity controls as required • Check variable speed drives for normal operation D. Building Automation (Quarterly) ICP, Ezell Hester Park Community Center, Sims Center, City Hall, Fire station 1, 2, & 5, Arts & Cultural Center, Police Station and Children’s School House Museum • Check all sensors for range and operation • Calibrate sensors as needed • Check all wiring and adjust as needed • Check all controllers for operation • Go over programming with onsite personnel • Check data trend for HV AC equipment • Check all set points and adjust as required • Check all pneumatic to electric switches for proper pressure E. Pumps • Check motor and record amp draw • Check seals for leaks and or excessive wear • Check inboard and outboard bearings and grease as needed· • Visual inspection of alignment of motor to pump • Inspect coupler for proper wear and alignment • Visual inspection of starter for each pump, check wiring and tighten as required • Check pump base for condition and proper drainage • Check insulation on pump headers and end bells • Check all setscrews and keyways • Check and record pump pressures if gauges are present F. Filters • All filters in all Fire Stations and the Police Station shall be replaced monthly with pleated filters. All other facilities will be replaced with pleated filters on a quarterly basis. 524 16 G. VAV Boxes (Annually) • Change filters and check heat • Check all controllers for normal operation • Check all wiring terminals and tighten as needed • Check motor and record amp draw DISTRICT ENERGY SERVICES: 208 NE 1st Street H. Cooling Towers (Each Cooling Tower has 4 Cells and 10 motors) Monthly, Quarterly, Semi Annually and Annually Monthly • Fan Guards • Fan Blade Clearance • Sump Screen • Fan Motors** Quarterly • Mechanical Float Valve Semi Annually • Fan Motors* • Spin Free Nozzles • Water Collection System Annual • Shell Surfaces • Drift Eliminators • Fill Media • Fan Motors*** I. Chillers 1and 2 *** Chillers one and two are not in operation. Annual maintenance is performed according to manufacturers’ recommendation. Chiller 3 Chiller #3 is manned by city staff eight (8) hours per day. Remaining hours are monitored via Tracer Synchrony. Quarterly: PUMPS • Visual Inspection on all equipment to determine accurate range of operation. • Initial Site Inspection • Check motor shaft and pump shaft for proper alignment • Inspect coupling for wear • Verify that the shaft guard is in place and tight 525 17 • Verify water flow through pump and check for leaks on the mechanical pump seals • Lubricate the motor bearings and the pump bearings as necessary • Inspect wiring and connections on the motor terminals for signs of overheating verify tight connections • Check condition of the contacts for wear and pitting if applicable • Verify proper volts and amps • Verify smooth operation of the pump • Verify proper drip rate on the pump seal packing • Visual inspection of entire pump and motor assembly VFD • Check operation of drive • Open cabinet and clean • Verify operation of bypass Annual • Perform fluid pH test • Leak detection inspection • Inspect safety controls, electrical components and UPS • Inspect all piping components. • Clean in-line strainers • Inspect vent piping for all relief valves for presence of refrigerant • Inspect and clean the condenser tubes for fouling • Visually inspect water box hinges 36 Months • Do a tube test. Use a nondestructive tube test to inspect the condenser and evaporator tubes. 60 Months • Drain and replace the drive cooling fluid and replace the fluid strainer when servicing the fluid. 526 18 EXHIBIT C PRICE SCHEDULE PREVENTATIVE MAINTENANCE ALL LOCATIONS: FACILITY ANNUAL UNIT PRICE: Intracoastal Park $7,400.00 Ocean Front Concession Stand $1,200.00 Ocean Front Lifeguard Building $1,200.00 Public Works #1 $1,700.00 Public Works #2 $3,800.00 Public Works #3 $1,700.00 Children’s Schoolhouse Museum $6,000.00 Tennis Center $2,100.00 The Links Golf Course $4,000.00 Woman’s Center $6,300.00 Boat Club Bait & Tackle Shop $1,200.00 Boat Club Clubhouse $1,600.00 Boynton Beach Memorial Park $1,400.00 Little League Park Concession Stand $1,400.00 City Hall $14,400.00 Arts & Cultural Center $19,200.00 Ezell Hester Park Community Center $20,800.00 Carolyn Sims Center $12,000.00 Utilities Administration Building $6,000.00 East Water Treatment Plant $5,400.00 527 19 West Water Treatment Plant $5,400.00 Master Lift Station $2,000.00 Three Million Gallon Tank Building $1,400.00 Sara Sims Park (Cemetery) $1,600.00 TOTAL UNIT PRICE $129,200.00 FACILITY Monthly Price Fire Station 1 $17,100.00 Fire Station 2 $13,500.00 Fire Station 3 $18,900.00 Fire Station 4 $31,200.00 Fire Station 5 $44,100.00 Police Department $33,300.00 TOTAL MONTHLY PRICE $171,275.00 MONTHLY MAINTENANCE District Energy Services/ Cooling Tower Fans Annual Price Preventative Maintenance Requirements - Visual Inspection on all equipment. Inspect Fans and Motors $21,600.00 TOTAL ANNUAL PRICE $21,600.00 QUARTERLY MAINTENANCE DES / COOLING TOWERS, PUMPS & CHILLERS Annual Price Preventative Maintenance Requirements - Visual Inspection on all equipment to determine 528 20 accurate range of operation, Pumps, VFD's, and Mechanical Float Drive $12,800.00 TOTAL ANNUAL PRICE $12,800.00 SEMI ANNUAL MAINT. DES / COOLING TOWERS, PUMPS & CHILLERS Annual Price Preventative Maintenance Requirements for Cooling Towers. $8,400.00 TOTAL ANNUAL PRICE $8,400.00 ANNUAL MAINTENANCE DES / COOLING TOWERS, PUMPS & CHILLERS Annual Price Preventative Maintenance Requirements for Cooling Towers. $6,000.00 TOTAL ANNUAL PRICE $6,000.00 36 MONTH MAINT. DES / COOLING TOWERS, PUMPS & CHILLERS Annual Price Preventative Maintenance Requirements for Cooling Towers. $25,000.00 TOTAL ANNUAL PRICE $25,000.00 60 MONTH MAINT. DES / COOLING TOWERS, PUMPS & CHILLERS Annual Price Preventative Maintenance Requirements $24,000.00 TOTAL ANNUAL PRICE $24,000.00 HOURLY RATES: REGULAR OVERTIME (Weekends / Holidays) (8:00 AM – 5:00 PM) (5:00 PM – 8:00 AM) Licensed Technician $_________ $_________ 85.00 127.50 529 21 Technician $_________ $_________ Laborer $_________ $_________ SUMMARY TABLE AMOUNT PREVENTATIVE MAINTENANCE FOR ALL LOCATIONS $129,200.00 PREVENTATIVE MAINTENANCE FOR FIRE STATIONS 1-5 & POLICE STATION $171,275.00 MONTHLY MAINTENANCE - DISTRICT ENERGY SERVICES - COOLING TOWER FANS $21,600.00 QUARTERLY MAINTENANCE - DISTRICT ENERGY SERVICES - COOLING TOWERS, PUMPS & CHILLERS $12,800.00 SEMI ANNUAL MAINT. REQUIREMENTS OF DISTRICT ENERGY SERVICES - COOLING TOWERS $8,400.00 ANNUAL MAINTENANCE OF DISTRICT ENERGY SERVICES $6,000.00 36 MONTH MAINT. REQUIREMENTS OF DISTRICT ENERGY SERVICES $25,000.00 60 MONTH MAINT. REQUIREMENTS OF DISTRICT ENERGY SERVICES $24,000.00 120 MONTH MAINT. REQUIREMENTS OF DISTRICT ENERGY SERVICES $1.00 TOTAL MONTHLY PRICE $398,276.00 85.00 127.50 45.00 67.50 530 REQUEST FOR PROPOSALS (RFP) CITYWIDE HEATING VENTILATION, & AIR CONDITIONING EQUIPMENT, MAINTENANCE, PRODUCTS, SERVICES AND REPAIRS RFP No. 25-058R PUBLISH DATE: July 18, 2025 NON-MANDATORY PRE- PROPOSAL CONFERENCE: July 31, 2025 at 10:15 AM TEAMS LINK Location: CITY OF BOYNTON BEACH ROOM 115 100 E. OCEAN AVENUE BOYNTON BEACH, FL 33435 ALL QUESTIONS DUE: August 13, 2025 by 3:00 PM PROPOSAL DUE AND OPENING DATE: August 19, 2025 at 3:00 PM Where to Deliver Proposal Boynton-beach.bidsandtenders.net Bids&Tenders Online Submission Only Advertisement Date: July 21, 2025 531 City of Boynton Beach Purchasing Division 1 RFP 25-08R Citywide HVAC Equipment, Maintenance, Products, Services and Repairs REQUEST FOR PROPOSALS CITYWIDE HEATING VENTILATION, & AIR CONDITIONING EQUIPMENT, MAINTENANCE, PRODUCTS, SERVICES AND REPAIRS 25-058R TABLE OF CONTENTS NOTICE TO PROPOSERS ........................................................................................................................................... 5 SECTION I – INSTRUCTION TO PROPOSERS – SUBMISSION REQUIREMENTS ............................................ 8 PURCHASING DIVISION ....................................................................................................................................... 8 1.0 DEFINITIONS .................................................................................................................................................... 8 “Addenda” ............................................................................................................................................................. 8 “Agreement” .......................................................................................................................................................... 8 “City” or “Owner” ................................................................................................................................................. 8 “Contract Administrator” ....................................................................................................................................... 8 “Contract Documents” ........................................................................................................................................... 8 “Consultant " ......................................................................................................................................................... 9 “Contract Administrator” ....................................................................................................................................... 9 “Defective” ............................................................................................................................................................ 9 Effective Date of the Agreement ........................................................................................................................... 9 “Evaluation/Selection Committee” ........................................................................................................................ 9 “Interested parties” ................................................................................................................................................ 9 “Notice to Proceed” ............................................................................................................................................... 9 “Online e-procurement system” or “e-procurement system” ................................................................................. 9 “Procurement Services” ......................................................................................................................................... 9 “Proposer/Offeror/Responder” .............................................................................................................................. 9 “Request for Proposals (RFP)” .............................................................................................................................. 9 “Sub-Consultant” ................................................................................................................................................... 9 “Responsible Proposer” ......................................................................................................................................... 9 “Responsive Proposer” .......................................................................................................................................... 9 “Written Amendment” ........................................................................................................................................... 9 “Unit Price or Hourly Wage Work” ...................................................................................................................... 9 “Project, Services, or Program” ............................................................................................................................. 9 1.1 DEPARTMENTS WITHIN THE CITY OF BOYNTON BEACH .............. Error! Bookmark not defined. 1.2 TYPES OF SOLICITATIONS PROVIDED BY THE CITY ....................... Error! Bookmark not defined. 1.3 PROCUREMENT DEFINITION FOR SOLICITATION ............................................................................ 10 1.4 ONLINE E-PROCUREMENT SYSTEM – (bids&tenders) ......................................................................... 10 1.5 EXAMINATION OF CONTRACT DOCUMENTS .................................................................................... 10 1.6 ELIGIBILITY OF PROPOSER .................................................................................................................... 10 1.7 QUALIFICATIONS OF PROPOSERS ........................................................................................................ 11 1.8 PRE-PROPOSAL CONFERENCE ............................................................................................................... 11 1.9 QUESTIONS AND ADDENDA ON THIS SOLICITATION ..................................................................... 11 532 City of Boynton Beach Purchasing Division 2 RFP 25-08R Citywide HVAC Equipment, Maintenance, Products, Services and Repairs 1.10 MISTAKES WITHIN RFP ...................................................................................................................... 12 1.11 SUBMISSION OF THE PROPOSAL ...................................................................................................... 12 1.12 SOLICITATION FORMS ........................................................................................................................ 12 1.13 EXECUTION OF SOLICITATION DOCUMENTS ............................................................................... 13 1.14 CAUSES FOR REJECTION .................................................................................................................... 13 1.15 REJECTION OF PROPOSALS ............................................................................................................... 13 1.16 WITHDRAWAL OF PROPOSALS ......................................................................................................... 14 1.17 NO SUBMITTAL .................................................................................................................................... 14 1.18 SOLICITATION DEADLINE ................................................................................................................. 14 1.19 RIGHTS OF THE CITY FOR THIS REQUEST FOR PROPOSALS (RFP) .......................................... 14 1.20 PROTEST PROCEDURE ........................................................................................................................ 15 1.21 MINIMUM STANDARDS REQUIRED BY THE CITY ........................................................................ 15 1.22 DISQUALIFICATION OF PROPOSER.................................................................................................. 15 1.23 INFORMATION AND DESCRIPTIVE LITERATURE ......................................................................... 15 1.24 INTERPRETATIONS .............................................................................................................................. 15 1.25 CERTIFICATIONS, LICENSE, AND PERMITS ................................................................................... 16 1.26 SUB-CONTRACTING ............................................................................................................................ 16 1.27 ESCALATOR CLAUSE .......................................................................................................................... 16 1.28 EXCEPTIONS BY PROPOSER .............................................................................................................. 16 1.29 TRADE SECRET ..................................................................................................................................... 17 1.30 ANTI-KICKBACK AFFIDAVIT ............................................................................................................ 17 1.31 CONFLICT OF INTEREST / GIFT POLICY ......................................................................................... 17 1.32 GIFT POLICY .......................................................................................................................................... 18 1.33 CONFIRMATION OF MINORITY-OWNED BUSINESS ..................................................................... 18 1.34 LOCAL BUSINESS PREFERENCE ....................................................................................................... 18 1.35 AWARD OF AGREEMENT: .................................................................................................................. 19 1.36 SIGNING OF AGREEMENT: ................................................................................................................. 19 2.1 BACKGROUND ........................................................................................................................................... 20 2.2 SCHEDULE OF EVENTS ............................................................................ 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Bookmark not defined. 2.3 CONTRACTOR RESPONSIBILITIES ........................................................................................................ 20 2.4 SCOPE OF SERVICES................................................................................................................................. 21 2.5 MINIMUM QUALIFICATIONS OF PROPOSER....................................................................................... 22 2.6 EXPECTED TIMELINE BY THE CITY ..................................................................................................... 23 2.7 LIQUIDATED DAMAGES .......................................................................................................................... 23 2.8 CITY LOCATIONS ...................................................................................................................................... 23 2.9 CITY EQUIPMENT ..................................................................................................................................... 25 2.10 INSPECTIONS SCHEDULE ................................................................................................................... 33 2.10 ESTIMATED BUDGET .......................................................................................................................... 35 3.1 GENERAL REQUIREMENTS..................................................................................................................... 37 3.2 CERTIFICATION AND LICENSES ............................................................................................................ 37 3.3 DETAILED PROPOSAL .............................................................................................................................. 37 533 City of Boynton Beach Purchasing Division 3 RFP 25-08R Citywide HVAC Equipment, Maintenance, Products, Services and Repairs 1. Letter of Interest ....................................................................................................................................... 37 2. Firm’s Qualifications ................................................................................................................................ 37 3. References – Past Performance ................................................................................................................ 38 5. The Price Proposal Sheet is for informational purposes only. The prices for all items and labor shall be entered into Bids & Tenders pricing tables. ......................................................................................................... 38 THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY .............................................. 38 SECTION IV – EVALUATION OF PROPOSALS .................................................................................................... 39 4.1 EVALUATION METHOD AND CRITERIA .............................................................................................. 39 4.2 QUALITATIVE GUIDELINES FOR ASSIGNING AWARD POINTS TO EVALUATION CRITERIA . 40 4.3 ORDINAL RANKING.................................................................................................................................. 41 4.4 ADDITIONAL CLARIFICATION ............................................................................................................... 41 4.5 BEST AND FINAL OFFER ......................................................................................................................... 42 4.6 SELECTION PROCESS ............................................................................................................................... 42 SECTION V – STANDARD GENERAL TERMS AND PROVISIONS ................................................................... 43 5.1 FAMILIARITY AND COMPLIANCE WITH LAWS, CODES AND REGULATIONS: .......................... 43 5.2 NON-COLLUSION ...................................................................................................................................... 43 5.3 LEGAL CONDITIONS ................................................................................................................................ 43 5.4 CONFLICT OF INTEREST ......................................................................................................................... 43 5.5 ADDITIONAL HOURS QUANTITIES ....................................................................................................... 43 5.6 DISPUTES .................................................................................................................................................... 43 5.7 LEGAL REQUIREMENTS: ......................................................................................................................... 44 5.8 ON PUBLIC ENTITY CRIMES ................................................................................................................... 44 5.9 FEDERAL AND STATE TAX: .................................................................................................................... 44 5.10 PURCHASE ORDER REQUIRED: ......................................................................................................... 44 5.11 COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: ................................................. 44 5.12 PALM BEACH COUNTY INSPECTOR GENERAL: ............................................................................ 44 5.13 OTHER AGENCIES ................................................................................................................................ 45 5.14 VENUE AND GOVERNING LAW: ....................................................................................................... 45 5.15 NON-DISCRIMINATION & EQUAL OPPORTUNITY EMPLOYMENT ........................................... 45 5.16 INDEPENDENT CONTRACTOR RELATIONSHIP: ............................................................................ 46 5.17 OMISSION OF DETAILS ....................................................................................................................... 46 5.18 LOBBYING - CONE OF SILENCE: ....................................................................................................... 46 5.19 LEGAL EXPENSES: ............................................................................................................................... 47 5.20 NO THIRD-PARTY BENEFICIARIES: ................................................................................................. 47 5.21 DIRECT OWNER PURCHASES: ........................................................................................................... 47 5.22 SCRUTINIZED COMPANIES: ............................................................................................................... 47 5.23 DISCRIMINATORY VENDOR LIST ..................................................................................................... 47 5.24 NON-EXCLUSIVE .................................................................................................................................. 48 5.25 BUSINESS INFORMATION .................................................................................................................. 48 5.26 AGREEMENT ......................................................................................................................................... 48 5.27 ENDORSEMENTS .................................................................................................................................. 48 534 City of Boynton Beach Purchasing Division 4 RFP 25-08R Citywide HVAC Equipment, Maintenance, Products, Services and Repairs 5.28 DRUG-FREE WORKPLACE .................................................................................................................. 48 5.29 PROHIBITED TELECOMMUNICATIONS EQUIPMENT ................................................................... 49 5.30 PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL, OR IDEOLOGICAL INTERESTS IN GOVERNMENT CONTRACTING ............................................................................................. 49 5.31 RIGHTS IN DATA .................................................................................................................................. 49 5.32 DOCUMENTATION OF COSTS ............................................................................................................ 49 5.33 PUBLIC RECORDS ................................................................................................................................ 49 SECTION VI – SPECIAL PROVISONS – TERM CONTRACT............................................................................... 52 6.1 ASSIGNMENT: ............................................................................................................................................ 52 6.2 PERFORMANCE DURING EMERGENCY: .............................................................................................. 52 6.3 AGREEMENT TERM AND EXTENSION ................................................................................................. 52 6.4 CHANGES TO SCOPE AND ADDITIONAL SERVICES ......................................................................... 52 6.5 INDEMNIFICATION ................................................................................................................................... 53 6.6 TERMINATION ........................................................................................................................................... 53 A. DEFAULT AND TERMINATION FOR CAUSE: .................................................................................. 53 B. TERMINATION FOR CONVENIENCE OF CITY ................................................................................ 54 C. REMEDIES: ............................................................................................................................................. 54 D. FUNDING OUT ....................................................................................................................................... 54 6.7 PERFORMANCE OF CONSULTANT ........................................................................................................ 54 6.8 INSURANCE REQUIREMENTS ................................................................................................................ 55 6.9 FORCE MAJEURE ....................................................................................................................................... 55 6.10 INSPECTION AND ACCEPTANCE OF WORK PRODUCED ............................................................. 55 6.11 CONTINGENCY FEE ............................................................................................................................. 56 6.12 TRUTH IN NEGOTIATION REPRESENTATION ................................................................................ 56 6.13 PERFORMANCE REVIEW EVALUATION: ........................................................................................ 56 6.14 ANTI-HUMAN TRAFFICKING ............................................................................................................. 57 6.15 VERIFICATION OF EMPLOYMENT ELIGIBILITY – E-VERITY ..................................................... 57 6.16 ENTITIES OF FOREIGN CONCERN .................................................................................................... 57 6.17 SUCCESSORS AND ASSIGNS .............................................................................................................. 57 6.18 ENUMERATION OF PRECEDENCE OF CONTRACT DOCUMENTS .............................................. 57 SECTION VII - PRICE PROPOSAL FORM .............................................................................................................. 60 7.1 PREVENTATIVE MAINTENANCE FOR ALL LOCATIONS: ................................................................. 60 7.2 PREVENTATIVE MAINTENANCE FOR ALL LOCATIONS: REPAIRS INCLUDED .......................... 61 7.3 OPTIONAL PRICES – HOURLY RATES .................................................................................................. 63 7.4 MATERIAL MARK-UP FROM CONTRACTOR’S COST: ....................................................................... 63 CONTRACTING SERVICES ....................................................................................................................................... 64 535 City of Boynton Beach Purchasing Division 5 RFP 25-08R Citywide HVAC Equipment, Maintenance, Products, Services and Repairs NOTICE TO PROPOSERS REQUEST FOR PROPOSALS 25-058R CITYWIDE HEATING VENTILATION, & AIR CONDITIONING EQUIPMENT, MAINTENANCE, PRODUCTS, SERVICES AND REPAIRS Electronic Requests for Proposals (RFPs) shall be received by the e-procurement system up until August 19, 2025; No Later Than 3:00 P.M. (Local Time); unless specified otherwise and may not be withdrawn within (120) days after such date and time. All RFPs received will be publicly opened and acknowledged of receipt by the City’s e-procurement system electronically. The e-procurement system does not permit RFPs received after the assigned date and time. For the above reasons, it is recommended that the proposer(s) allow sufficient time to complete your online Submission and to resolve any issues that may arise. ATTENTION, ALL INTERESTED PROPOSERS: To obtain documents online, please visit Boynton-beach.bidsandtenders.net. Documents are not provided in any other manner. INTRODUCTION: The City of Boynton Beach is seeking to engage qualified and experienced firms to submit proposals (RFP’s) to provide Citywide HVAC Equipment, Maintenance, Installation, Products, Services And Repairs for twenty-nine city buildings and facilities to provide comprehensive maintenance services, equipment repairs and replacement products within the City to promote healthy, safe, and more productive public use spaces while also enhancing energy and operating efficiency and lowering overall costs. The City has approximately 29 buildings with a variety of HVAC systems that need quarterly and annual preventative service and maintenance along with occasional repairs. The work includes all professional services, labor, equipment, materials, insurance, obtaining any applicable permits, necessary supervision, and incidentals to complete necessary work as specified herein. All proposed work shall be completed in accordance with the scope of work and all applicable federal, state, county, and local regulatory requirements. The Proposer(s) shall act as an independent contractor and not as an employee of the City. THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY 536 City of Boynton Beach Purchasing Division 6 RFP 25-08R Citywide HVAC Equipment, Maintenance, Products, Services and Repairs PRE-PROPOSAL CONFERENCE: A NON-MANDATORY Pre-Proposal Conference AND Site Meeting is scheduled for July 31, 2025, at 10:15 AM and will be held at City of Boynton Beach City Hall Room 115, 100 East Ocean Avenue, Boynton Beach, Florida 33435. Please note that this Pre-Proposal Conference meeting will be recorded, however all parties interested in offering a proposal for this project should make every effort to attend this Meeting. The purpose of this meeting is to provide a forum for all concerned parties to discuss the proposed contract, answer questions on the solicitation document, review the qualifications requested, provide instructions for submitting proposals, and discuss other relevant issues. Sealed Bids must be received electronically via the City’s encrypted procurement management system, bids&tendersTM on or before the date and time referenced above. Any Proposal received after 3:00 PM on said date will not be accepted under any circumstances. Any uncertainty regarding the time a Proposal Bid is received will be resolved against the Bidder. If any discussions or questions at the pre-proposal 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. Questions related to this RFP 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. 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, response and shall remain in effect until the City Commission awards or approves a contract, rejects all responses, or otherwise takes action that ends the solicitation process. While the cone of silence is in effect, no proposer or its agent shall directly or indirectly communicate with any member of the City Commission or their staff, the Manager, 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 Division Director or designee. (Section 2-355 of the Palm Beach County Code of Ordinances.) Failure to abide by this provision may serve as grounds for disqualification for award of contract to the proposer. Further, any contract 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- proposal 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 537 City of Boynton Beach Purchasing Division 7 RFP 25-08R Citywide HVAC Equipment, Maintenance, Products, Services and Repairs by 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 §119.071, sealed Proposal responses received by the City in response to a Request for Proposal are exempt from public records disclosure requirements until thirty (30) days after the opening of the Proposals unless the City announces intent to award sooner. If the City rejects all Responses submitted in accordance with a Request for Proposal, 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 Proposal response, or reply is not exempt for longer than twelve (12) months after the initial City notice rejecting all Proposals, or replies. CITY OF BOYNTON BEACH 538 City of Boynton Beach Purchasing Division 8 RFP 25-08R Citywide HVAC Equipment, Maintenance, Products, Services and Repairs CITYWIDE HEATING, VENTILATION, & AIR CONDITIONING EQUIPMENT, MAINTENANCE, PRODUCTS, SERVICES AND REPAIRS RFP No. 25-058R SECTION I – INSTRUCTIONS TO PROPOSERS – SUBMISSION REQUIREMENTS PURCHASING DIVISION Our Purpose: The City of Boynton Beach's Purchasing 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. 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. Key Goals: As guardians of the public trust, our Purchasing 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 RFP or 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 Contractor 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. “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 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 539 City of Boynton Beach Purchasing Division 9 RFP 25-08R Citywide HVAC Equipment, Maintenance, Products, Services and Repairs 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. “Contractor " The individual or firm who successfully receives the award for work to be completed as defined by this solicitation. Also referred to as Successful Proposer. “Contract Administrator” The City’s authorized Contract representative. “Defective” An adjective which, when modifying the Work, refers to Work that is unsatisfactory, faulty, or deficient, 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. 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 Contractors or subject matter experts who are assigned to evaluate the submitted proposals. “Interested parties” Firms or proposers interested in the solicitation and plan to eventually become proposers. “Notice to Proceed” A written notice given by the City to the Contractor fixing the date on which the contract time will commence to run and on which the Contractor shall start to perform the Contractor’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. “Proposer/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,” “Proposer,” and “Responder” are used interchangeably and have the same meaning. “Request for Proposals (RFP)” A method of procurement permitting discussions with responsible offerors and revisions to proposals prior to the award of a contract. “Sub-Contractor” Any person, firm, entity, or organization, other than the employees of the Contractor, who contracts with the Contractor 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 Contractor. “Responsible Proposer” This means a person or firm capable of fully performing the requirements in the RFP and agreement and having the tenacity, perseverance, experience, integrity, reliability, capacity, facilities, equipment, and credit to ensure good faith performance. “Responsive Proposer” This means a Person or firm who has submitted a Proposal that conforms in all material respects to the requirements outlined in this RFP. “Written Amendment” A written amendment of the Contract Documents, signed by the City and the Contractor on or after the Effective Date of the Agreement and typically dealing with non - technical aspects rather than strictly work-related aspects of the Contract Documents. “Unit Price or Hourly Wage Work” Work to be paid for based on unit prices outlined within the RFP. “Project, Services, or Program” All matters that will be required to be done by the Contractor in accordance with the Scope of Work, Terms and Conditions, and Special Provisions of this RFP. 540 City of Boynton Beach Purchasing Division RFP No. 25-058R – HVAC Equipment, Maintenance, Products, 10 Services and Repairs Contractor The following instructions are given to guide Proposers in adequately preparing their response. These directions have equal force and weight with the specifications, and strict compliance is required with all provisions. 1.1 PROCUREMENT DEFINITION FOR SOLICITATION A Request for Proposal (RFP) is a method of procurement permitting discussions with responsible offerors and revisions to proposals prior to the award of a contract. The Contractor’s qualifications, experience, and price will be factors in the evaluation. Proposals will be evaluated by an evaluation committee based on the criteria set forth in SECTION IV. 1.2 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. Proposers 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 RFP Submission and resolve any issues that may arise. The online e-procurement system’s web clock shall determine the closing time and date. F. Proposers should contact bids&tenders support listed below at least twenty-four (24) hours prior to the closing time and date if they encounter any problems. G. The e-procurement system will send a confirmation email to the Proposer advising that their submittal was submitted successfully. If you do not receive a confirmation email, contact bids&tenders support at support@bidsandtenders.net. 1.3 EXAMINATION OF CONTRACT DOCUMENTS A. Before submitting a Proposal, 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 during site visits or in review of applicable laws with the Proposal Documents; and must promptly notify the Procurement Officer of all conflicts, errors and discrepancies, if any, in the Proposal 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 req uired to perform the work successfully. 1.4 ELIGIBILITY OF PROPOSER To be eligible to participate in this RFP, the proposing firm or principal must demonstrate that they, or the principals assigned to the contract, have successfully provided services of similar magnitude as those specified in SECTION II. SCOPE OF WORK (SERVICES) 541 City of Boynton Beach Purchasing Division RFP No. 25-058R – HVAC Equipment, Maintenance, Products, 11 Services and Repairs Contractor 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. 1.5 QUALIFICATIONS OF PROPOSERS A. No e-submission will be accepted from, nor will any contract be awarded to, any person who is in arrears with 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 is not required to award any jobs to a Contractor based solely on their lowest e-submission price. C. Awards will be based on past performance and quality of work in addition to the Contractor’s RFP response. D. If selected for a contract, all Contractors must perform to the satisfaction of the City before being considered for award of additional contracts. E. Contractors whose performance is unsatisfactory shall be subject to debarment or suspension. 1.6 PRE-PROPOSAL CONFERENCE The City will hold an In Person non-mandatory pre-proposal conference for this project. The information regarding such a meeting will be noted on the 1st and 2nd page of this document. 1.7 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 Proposers through the City’s e-Procurement system Boynton-beach.bidsandtenders.net, it is the responsibility of each Proposer to have received ALL addenda issued. Proposers 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 Proposer submits their proposal before the solicitation 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 Proposer can view this status change in the “MY BIDS” section of the e- procurement system. A. The Proposer is solely responsible for creating any required adjustments to their Proposal, acknowledging the addenda, and ensuring the re-submitted Proposal is RECEIVED by the e-procurement System no later than the stated Proposal closing time and date. B. The Proposer is responsible for submitting written questions or requesting clarification for items included in this solicitation through bids&tenders. C. All responses to questions or inquiries, interpretations, and supplemental instructions will be in the form of a written addenda, which, if issued, will be posted through bids&tenders. D. No verbal interpretations may be relied upon. E. Failure of any proposer to receive any such addenda or interpretation shall not 542 City of Boynton Beach Purchasing Division RFP No. 25-058R – HVAC Equipment, Maintenance, Products, 12 Services and Repairs Contractor relieve any Proposer from any obligation under a response as submitted. All addenda so issued shall become a part of the solicitation document. F. Proposer shall acknowledge receipt of any addenda through the e-procurement system by checking a box for each addendum and any applicable attachment. G. It is the Proposer's responsibility to have received all issued addenda. Proposers should check online at Boynton-beach.bidsandtenders.net prior to submitting their Submittal and up until the solicitation closing time and date in the event additional addenda are issued. H. If any interested parties have received this RFP 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. I. No negotiations, decisions, or actions shall be initiated by the Proposer because of any discussions with a City employee. J. Only those communications in writing from the Purchasing Division may be considered a duly authorized expression. Also, only communications from proposers submitted through bids&tenders in writing will be recognized by the City as duly authorized expressions on behalf of the Proposer. K. Late Submittal Responses are not permitted by the e-procurement system. L. To ensure receipt of the latest information and updates via email regarding this solicitation, or if a Proposer has obtained this solicitation from a third party, the responsibility is on the Proposer to create an e-procurement system vendor account and register as a plan taker for the solicitation with bids&tenders. M. All expenses for making submittal responses to the City are to be borne by the Proposer. 1.8 MISTAKES WITHIN RFP Proposers 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 proposer to any relief from the conditions imposed in the Agreement and may lead to the rejection of a proposal. 1.9 PROPOSAL SUBMISSIONS A. The City’s e-procurement solicitation system shall receive ELECTRONIC SOLICIAITON SUBMISSIONS ONLY. B. Hardcopy submissions are not permitted. C. Electronic Request for 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 Proposer to have their Request for Proposals submittal submitted online. E. All proposals shall be submitted in English. F. All prices, terms, and conditions proposed in the submitted response shall be expressed in U.S. Dollars and will be firm for acceptance for ONE HUNDRED TWENTY (120) calendar days after the closing of the RFP. 1.10 SOLICITATION FORMS A. All proposal submissions prices, amounts, and descriptive information must be entered into the e-procurement system bids&tenders. B. The Proposer must state the price and the time of delivery for which they propose to deliver the equipment or service requested. 543 City of Boynton Beach Purchasing Division RFP No. 25-058R – HVAC Equipment, Maintenance, Products, 13 Services and Repairs Contractor C. The Proposer must be licensed to do business as an individual, partnership, or corporation in the State of Florida. D. All proposal submission forms should be executed and submitted for easy identification. Responses not submitted on proposal submission forms may be rejected. E. All proposal submissions are subject to the conditions specified in this solicitation document. Submittals that do not comply with these conditions may be rejected. F. THE FOLLOWING FILLABLE DIGITAL FORMS HAVE BEEN CREATED AND MUST BE ACKNOWLEDGED WITH EACH PROPOSAL SUBMISSION: i. Certification ii. Vendor Drug-Free Workplace iii. Qualification Statement iv. References v. Scrutinized Companies List vi. E-Verify Compliance vii. Subcontractor Form viii. Firm’s Primary Ownership G. FORMS THAT MUST BE UPLOADED TO THE DOCUMENT UPLOAD SECTION i. Document Upload 1: Proposer Qualification Statement ii. Document Upload 2: Non-collusion Affidavit and Acknowledgement iii. Document Upload 3: E-Verify Form Under Section 448.095 iv. Document Upload 4: Certification Pursuant to Florida Statute § 287.135 v. Document Upload 5: Anti-Kickback Affidavit vi. Document Upload 6: Affidavit of Compliance with Foreign Entity Laws vii. Document Upload 7: Affidavit of Compliance with Anti-Human Trafficking Laws viii. Document Upload 8: Proof of State Certified License ix. Document Upload 9: Certificate of Insurance x. Document Upload 10: Form W-9 xi. Optional: Supplemental Information Relative to this RFP. 1.11 EXECUTION OF SOLICITATION DOCUMENTS Proposals must include manual or electronic signatures by an authorized representative on all required forms. 1.12 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. 1.13 REJECTION OF PROPOSALS A. The City reserves the right to reject any proposal if the evidence submitted by the Proposer, or if the investigation of such Proposer, fails to satisfy the City that such Proposer 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 proposers. A proposal shall be considered irregular and may be rejected if 544 City of Boynton Beach Purchasing Division RFP No. 25-058R – HVAC Equipment, Maintenance, Products, 14 Services and Repairs Contractor it indicates serious omissions, alterations in form, additions not called for, conditions, 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. 1.14 WITHDRAWAL OF PROPOSALS Any Responder may, without prejudice to themself, withdraw its 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 withdrawn. 1.15 NO SUBMITTAL A NO SUBMITTAL response can be submitted online through bids&tenders the e- procurement system. 1.16 SOLICITATION DEADLINE The Proposer 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. 1.17 RIGHTS OF THE CITY FOR THIS REQUEST FOR PROPOSALS (RFP) The City reserves the right to the following: A. Reject any or all proposals. B. Reject or cancel any or all proposals during the procurement process. C. Reissue the solicitation. D. Extend the RFP deadline time and date. E. Procure any item by other means. F. Increase or decrease the quantity specified in the Request for Proposals (RFP). G. Consider and accept an alternate proposal as provided herein when most advantageous to the City. H. Waive any defect, irregularity, or informality in any RFP procedure. I. Waive an informality as a technical error, minor deviations from specifications, defect, or accept a portion of any proposal deemed to be the most responsive, responsible Proposer(s) representing the most advantageous submission to the City. J. In determining the “most advantageous proposal,” price, quantifiable factors, and other factors are considered. Such factors include but are not limited to: a. Statement of Work b. Price Proposal c. Other factors contributing to the overall RFP outlined in SECTION IV – EVALUATION OF PROPOSALS. K. Consideration may be given but is not necessarily limited to conformity to the specifications, including timely delivery; product warranty; a Proposer’s proposed service; ability to supply and provide service; delivery to required schedules and past performances in other agreements with the City or other government entities. 545 City of Boynton Beach Purchasing Division RFP No. 25-058R – HVAC Equipment, Maintenance, Products, 15 Services and Repairs Contractor 1.18 PROTEST PROCEDURE Protest procedures are provided in the City of Boynton Beach Purchasing Policy. Protests shall be submitted in writing, addressed to the Purchasing Director, via hand delivery, or mail, along with a protest cash bond in an amount equal to 5% of the submittal price 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 a Request for Proposal, must be received before the solicitation submittal deadline date. B. If the protest relates to any other matter relating to the solicitation, including the intent to award of an agreement, the protest must be received no later than THREE (3) regular business days after the date of the intent to award notification of 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. 1.19 MINIMUM STANDARDS REQUIRED BY THE CITY Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective Proposer has the following: 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 contractual requirements. B. A satisfactory record of performance. C. A satisfactory record of integrity. D. Qualified legally to contract within the State of Florida and the City of Boynton Beach. E. Supplied all necessary information in connection with the inquiry concerning responsibility. 1.20 DISQUALIFICATION OF PROPOSER More than one Proposal from an individual, firm, partnership, corporation, or association under the same or different names shall not be considered. All proposals shall be rejected if there is reason to believe collusion exists between proposers. Automatic disqualifiers are as follows: A. Not being licensed to perform the required work by the Contractor. B. Not being eligible to submit a proposal due to violations listed under “Public Entity Crimes.” 1.21 INFORMATION AND DESCRIPTIVE LITERATURE The Proposer must furnish all information requested in the spaces provided on the proposal submission form. 1.22 INTERPRETATIONS To ensure fair consideration for all Proposers, 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 Proposer should be in doubt as to 546 City of Boynton Beach Purchasing Division RFP No. 25-058R – HVAC Equipment, Maintenance, Products, 16 Services and Repairs Contractor the meaning of any of the solicitation documents or believes that the plans and/or specifications contain errors, contradictions, or reflect omissions, the Proposer shall direct questions to the Purchasing representative through the e-procurement solicitation system only by clicking on the “Submit a Question” button for this solicitation, no later than ten (10) days prior to the solicitation deadline. 1.23 CERTIFICATIONS, LICENSE, AND PERMITS A. Unless otherwise directed by the City, the Proposer 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 Proposer. B. If applicable, the Proposer shall also maintain a current Local Business Tax Receipt (Occupational License) for the County and all permits required to complete the 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 Contractor 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 Proposer to ensure all required certifications, licenses, and permits are maintained and are current throughout the term of the Agreement, 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 Agreement. 1.24 SUB-CONTRACTING A. If a Proposer utilizes sub-contractors for any portion of the Agreement for any reason, the Proposer should state the name and address of the sub-contractors and the name of the person to be contacted on the online form within the e- procurement system under “Schedule of Sub-contractors.” B. The City of Boynton Beach reserves the right to accept or reject any or all proposals wherein a sub-contractor is named and to make the award to the Contractor, 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 the submission of any Proposer if the solicitation names a subcontractor 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-contractors to determine the foregoing. E. The subcontractors will be equally responsible for meeting all requirements specified in this Request for Proposals (RFP). F. Proposers are encouraged to seek participation from minority and women-owned business enterprises in subcontracting opportunities. The City reserves all rights to determine the foregoing. 1.25 ESCALATOR CLAUSE Any proposal that is submitted subject to an escalator clause will be rejected. 1.26 EXCEPTIONS BY PROPOSER A. 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 547 City of Boynton Beach Purchasing Division RFP No. 25-058R – HVAC Equipment, Maintenance, Products, 17 Services and Repairs Contractor 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. B. Any exceptions taken to the terms and conditions of the solicitation or the City’s Agreement shall be considered a part of the Proposer’s solicitation response and will be considered by the City in its evaluation. Any exception not specifically stated is deemed waived. Submission of any exceptions does not denote acceptance by the City. Furthermore, taking exceptions to the City’s terms and conditions may be viewed unfavorably by the City/evaluation committee and ultimately may impact the overall evaluation of a Proposer’s submittal. C. The use of the Proposer’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. 1.27 TRADE SECRET Any language contained in the Proposer’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 Proposer submits any documents or other information to the City that the Proposer claims is Trade Secret information and exempt from Florida Statutes Chapter 119.07 (Public Records Laws), the Proposer shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Proposer 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 Proposer’s proposal constitutes a Trade Secret. The City’s determination of whether an exemption applies shall be final, and the Proposer 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. 1.28 ANTI-KICKBACK AFFIDAVIT Each Proposer shall complete the Anti-Kickback Affidavit Form and shall submit this form with their Proposal. The City considers the failure of the Proposer to submit this document to be a major irregularity and may be cause for rejection of the Proposal. 1.29 CONFLICT OF INTEREST / GIFT POLICY The Proposer 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 Proposers shall disclose the name of any City employee or relative of a City employee who owns, directly or indirectly, an interest of ten percent (10%) or more in the Proposer’s firm or any of its branches. A. CONFLICT OF INTEREST: 548 City of Boynton Beach Purchasing Division RFP No. 25-058R – HVAC Equipment, Maintenance, Products, 18 Services and Repairs Contractor 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 proposer considered for a City contract. In addition, the Proposer 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 proposer. B. ORGANIZATIONAL CONFLICT OF INTEREST: The Proposer shall not have activities or relationships (a) causing the Proposer to be unable, or potentially unable, to render impartial assistance or advice to the City; (b) impairing the Proposer's objectivity in performing the contract work; or (c) resulting in an unfair competitive advantage. 1.30 GIFT POLICY No Proposer who is a party to, or receives a benefit from, this Agreement 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 Proposer who is a party to, or receives a benefit from, this Agreement. 1.31 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 Proposer shall complete the Confirmation of Minority-Owned Business Form and shall submit the form with its submission. 1.32 LOCAL BUSINESS PREFERENCE The City of Boynton Beach Administrative Policy No. 10.16.01 provides for a local business preference. “For all acquisitions made pursuant to Requests for Proposals, Requests for Qualifications, or Requests for Letters of Interest, the solicitation shall include a criterion for Local Businesses of five percentage points (5%) of the total points in the evaluation criteria published in the solicitation. Local Preference shall not be applied when its application would result in an award that exceeds the otherwise lowest responsive, responsible proposer by 5% or $5,000 whichever is lower. 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. 549 City of Boynton Beach Purchasing Division RFP No. 25-058R – HVAC Equipment, Maintenance, Products, 19 Services and Repairs Contractor Respondents must include the Local Business Status Certification Form with their RFP submissions to be considered for a local business preference. Failure to submit this form at the time of RFP 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. 1.33 AWARD OF AGREEMENT: A. Agreement(s) or purchase order(s) will be awarded by the City to the most qualified, responsive, responsible Proposer 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 Proposer, damages, if any, resulting from an award shall be limited to actual proposal preparation costs incurred by the challenging Proposer. Each party shall be responsible for its own attorney’s fees and costs. D. In no case will the award be made until all necessary investigations have been made into the Proposer's responsibility and the City is satisfied that the most qualified, responsive, responsible Proposer is qualified to do the work and has the necessary organization, licenses, permits, capital, and equipment to carry out the required work within the specified time. 1.34 SIGNING OF AGREEMENT: An Award Letter will be presented to the Contractor. Within ten (10) calendar days after the award letter is issued, the Contractor should sign and deliver the Agreement to the City with the required bonds (if applicable) and insurance certificates. After receiving and approving such documents, the Agreement would be executed within thirty (30) calendar days. The City intends to deliver a fully signed and executed Agreement to the Contractor. At times, a purchase order will be issued in lieu of a formal agreement. THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY 550 City of Boynton Beach Purchasing Division RFP No. 25-058R – HVAC Equipment, Maintenance, Products, 20 Services and Repairs Contractor CITYWIDE HEATING VENTILATION, & AIR CONDITIONING EQUIPMENT, MAINTENANCE, PRODUCTS, SERVICES AND REPAIRS RFP No. 25-058R SECTION II – SCOPE OF WORK Procurement Definition: A Request for Proposal (RFP) is a method of procurement permitting discussions with responsible offerors and revisions to proposals prior to award of a contract. Proposals will be evaluated by an independent Selection Evaluation Committee (SEC) based on the criteria set forth in SECTION IV PROPOSAL EVALUATION CRITERIA AND METHODOLOGY. 2.1 BACKGROUND The City of Boynton Beach (“City”) was incorporated in 1920 and is located in the southeastern region of Palm Beach County, Florida. The city spans approximately 16.57 square miles and is home to approximately 81,267 residents. Boynton Beach is predominantly a residential community and is home to many small businesses. 2.2 CONTRACTOR RESPONSIBILITIES Contractors are required to be available for emergency repairs 24 hours a day, seven days a week. Work during normal business hours (8:00 AM to 5:00 PM, Monday to Friday) is standard, with provisions for overtime and holiday work as necessitated and subject to City approval. Legal holidays observed by the City of Boynton Beach are as follows: New Year’s Day Martin Luther King, Jr. Day Juneteenth Independence Day Labor Day Thanksgiving Friday after Thanksgiving Christmas Day and the day after. Contractors will supply all labor, equipment, and materials necessary to equip, maintain, or repair HVAC systems. This includes the inspection and installation of parts and components such as motors, pumps, belts, filters, and valves. All materials and workmanship must be guaranteed for a minimum of one year from the date of the City's acceptance. This includes ensuring that all materials are new and of original manufacture. If the City staff finds that the Contractor's work is not done properly or does not meet the City building codes, or does not meet industry standards, the Contractor must correct or replace such work to the City's full satisfaction. This corrective action or material replacement will be carried out at no extra charge to the City. 551 City of Boynton Beach Purchasing Division RFP No. 25-058R – HVAC Equipment, Maintenance, Products, 21 Services and Repairs Contractor 2.4 SCOPE OF SERVICES The City of Boynton Beach is seeking proposals from qualified, experienced, licensed and insured firms hereinafter referred to as the Contractor or Proposer, to provide Heating, Ventilation and Air Conditioning (HVAC) Preventative Maintenance and Repair Services. The purpose of this RFP is to select qualified and licensed contractors to furnish a comprehensive selection of HVAC products and solutions including complete turnkey services, labor, supervision, transportation, inspections, permits, licenses, equipment, and any incidentals necessary to provide Heating, Ventilation and Air Conditioning (HVAC) Preventative Maintenance and Repair Services for City’s buildings and facilities. The services will ensure that the HVAC systems operate efficiently and reliably, adhering to standard industry practices. Contractor will replace filters on a quarterly basis or as needed. The City of Boynton Beach intends to contract with one (1) primary contractor and one (1) secondary contractor to serve in an emergency in which the primary contractor cannot respond. An emergency is defined as but is not limited to: Non-working A/C equipment requiring replacement or repairs including but not limited to, condensing units, air handlers, PTAC’s, ductwork, fans, vents, drain lines and damage caused by normal wear and tear, hurricanes, destructive weather and/or other disasters. Only new and manufacturer authorized replacement parts shall be used in the repair of all air conditioning systems. All parts, materials and work furnished shall be of good quality and free from any defects and shall at all times be subject to the City of Boynton Beach’s inspection and approval; but neither City of Boynton Beach’s inspection nor failure to inspect shall relieve contractor of any obligation hereunder. City of Boynton Beach may elect the right to direct purchase selected materials and equipment to realize the benefits of owner tax exempt status and such direct purchase shall be without any additional cost to the City of Boynton Beach. Other HVAC services will also be required on an “as needed” basis. The acceptance of work or payment for services by the City of Boynton Beach shall not constitute a waiver of the foregoing and nothing herein shall exclude or limit any warranties implied by law. The work performed shall also be in conformity with and meet all industry standards. REPAIR CALLS Repair calls shall be placed by the City of Boynton Beach Public Works or Utilities Department designee and charged at the contracted regular hourly rate. Expected service calls response time shall be within 2 hours, INCLUDING NIGHTS AND WEEKENDS. Performance The contractor shall have available and ready at the award of the contract, qualified HVAC technicians and HVAC apprentices able to perform the work required. Contractor or their employees shall perform all work in a skilled, professional, and safe manner. Under the circumstances where any major HVAC system problem is discovered, a quote shall be provided to the City of Boynton Beach. 552 City of Boynton Beach Purchasing Division RFP No. 25-058R – HVAC Equipment, Maintenance, Products, 22 Services and Repairs Contractor Dispatch: Contractor must have covered telephone service 24 hours per day; 7 days per week, and 365 days a year, receive service calls from authorized City of Boynton Beach representatives and dispatch those calls to their staff to enable them to be on site within two hours of the City of BB call. Contractor shall furnish all equipment and supplies and will operate, maintain, and repair all equipment necessary to perform the work required within this solicitation. Contractor shall provide a quote for work not included in the preventative maintenance program, with estimated cost included, for each location with the unit number on a per service basis and have it signed by a City of Boynton Beach authorized person indicating completion and satisfaction of work performed. A copy of the work order is to be left on site and a copy is to be submitted with an invoice. Each crew member must wear an identification card with a photograph or uniform that identifies him or her as a member of the contractor’s workforce and must check or sign in/out prior to starting and completing required services. Contractor shall be responsible for enforcing the requirement that employees display identification at all times while performing work at any City of Boynton Beach site. Contractor’s personnel shall maintain, insofar as possible, a neat appearance and conduct all work in a professional manner with minimal disturbance to the employees of City of Boynton Beach and the general public. Smoking is NOT permitted in any City of Boynton Beach facilities. All employees of the contractor shall be considered to be, at all times the sole employees of the contractor, under his sole direction and not an employee or agent of the City of Boynton Beach. The City may require the contractor to remove an employee if it deems the employee to be careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on the City of Boynton Beach property is not in the best interest of the City. At least one employee of the contractor, assigned to any City of Boynton Beach site must be able to fluently speak, read and communicate in the English language or the contractor must provide a translator for communication at the contractor’s expense. Contractor shall register and administer warranties of Air Conditioner Condensing Units and air handlers and must provide evidence of the same to the City of Boynton Beach. 2.5 MINIMUM QUALIFICATIONS OF PROPOSER Qualifications will only be considered from firms engaged in providing services as described in this RFP and who can provide evidence that they have established a satisfactory performance record in meeting the qualification requirements established in the RFP. 1. The Contractor shall possess and maintain a current business license. 2. The Contractor shall possess a class A air-conditioning contractor license in The State of Florida capable of contracting in the City of Boynton Beach 553 City of Boynton Beach Purchasing Division RFP No. 25-058R – HVAC Equipment, Maintenance, Products, 23 Services and Repairs Contractor 3. The Contractor is required to have a minimum of five (5) years in business performing commercial HVAC maintenance and repair. 4. Contractor shall only assign technicians to the City that are certified as HVAC technicians. 5. The Contractor shall demonstrate that the firm possess the skills and experience to meet the needs of the City. 2.6 EXPECTED TIMELINE BY THE CITY All work shall be completed within the requested timeline to the greatest extent possible recognizing the importance of an efficient and effective HVAC operating system. Note: Any vehicle and/or equipment breakdown will not be grounds for delays in service. If such circumstances occur, the awarded contractor is required to obtain the necessary equipment to perform the work within the contract specifications at no additional cost to the City of Boynton Beach. 2.7 LIQUIDATED DAMAGES Because of the importance of these projects being finished on time, upon failure of the Contractor to complete the required work within the specified and mutually agreed upon time frame the Contractor shall pay to the City the sum of Two Hundred Fifty Dollars ($250.00) for each calendar day after the time specified for the work is sufficiently complete. This amount is not a penalty but liquated damages to the City. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by the City because of such delay, and both parties desiring to obviate any question of dispute concerning the amount of said damages and the cost and effect of the failure of the Contractor to complete the Contract on time. City shall have the right to deduct from and retain out moneys which may be due or may become due and payable to Contractor. 2.8 CITY LOCATIONS Intracoastal Park 2240 N. Federal Hwy, BB, 33435 Ocean Front Concession Stand 6415 Ocean Blvd, BB, 33435 Ocean Front Lifeguard Building 6415 Ocean Blvd, BB, 33435 Police Department 2100 High Ridge Road, BB, 33426 Public Works #1 222 NE 9th Avenue, BB, 33435 Public Works #2 222 NE 9th Avenue, BB, 33435 Public Works #3 222 NE 9th Avenue, BB, 33435 554 City of Boynton Beach Purchasing Division RFP No. 25-058R – HVAC Equipment, Maintenance, Products, 24 Services and Repairs Contractor Children’s Schoolhouse Museum 129 E. Ocean Avenue, BB, 33435 Tennis Center 3111 S. Congress Ave, BB 33426 The Links Golf Course 8020 Jog Rd., BB, 33472 Woman’s Center 1010 S. Federal Hwy, BB, 33435 Boat Club Bait & Tackle Shop 2010 N. Federal Hwy, BB 33435 Boat Club Clubhouse 2010 N. Federal Hwy, BB 33435 Little League Park (Concession Stand) 300 S.W. 15th Ave. BB, 33435 City Hall 100 E. Ocean Avenue, BB, 33435 Arts & Cultural Center 125 E. Ocean Avenue, BB, 33435 Ezell Hester Park Community Center 1901 N. Seacrest Blvd, BB, 33435 Carolyn Sims Center 225 NW 12th Avenue, BB 33435 Sara Sims Park 201 NW 9th Avenue, BB 33435 Boynton Beach Memorial Park Cemetery 1611 S. Seacrest Blvd. BB, 33435 Fire Station #1 200 NE 1st Street, BB, 33435 Fire Station #2 2615 W, Woolbright Rd, BB, 33426 Fire Station # 3 3501A N. Congress Ave, BB Fire station #4 1919 N. Federal Hwy, BB, 33435 Fire Station # 5 2080 High Ridge Rd, BB, 33426 Utilities Administration Building 124 East Woolbright Rd, BB 33426 East Water Treatment Plant 1620 S. Seacrest Blvd. BB West Water Treatment Plant 5469 W. Boynton Bch Blvd. BB Master Lift Station #309 8481 NW 19th Ave & Seacrest Blvd. Boynton Bch. Three Million Gallon Tank Bldg. 1100 Minor Rd. BB, 555 City of Boynton Beach Purchasing Division RFP No. 25-058R – HVAC Equipment, Maintenance, Products, 25 Services and Repairs Contractor 2.9 CITY EQUIPMENT Intracoastal Park Carrier CU-3 / Filter Model 38AuDAOB5A0A0A0 / Fan Size 25 / Fan Motor 1/4/1100 // Carrier CU2 Filter Model 38AODA12A0B5A0A0A0 / Fan Size 50 / Fan Motor Elec: 208-230/3/60 Carrier AHU-1 / Freon Type: 410a // Fan Size 10 // Fan Motor Elec: 230-460/3/60 // Belt 1 Size / BX30 Condenser CU-1 / ICP / 10 Ton // Unit Yr:2019 / Fan Size 50 Fan Motor 1/4/1100 / Elec: 208-230/3/60 Carrier AHU-2 / 39LO8AA-BP-BCP152 // 410a // Fan Size 10 / Fan Elec: 230- 460/3/60 // Belt Size BX30 CU-2 // ICP Unit Size – 10 Freon 410a // Fan Size 50 // Fan Motor 1/4/1100 // Elec: 208-230/3/60 Carrier AHU-3 40R0AA16A2A6A0A0A0A // 410a Fan Size 20 // Elec:208-230/3/60 Belt Size: B40 ICP CU-3 15 ton / CAS 16CHDA0A0 Fan Size 25 // Fan Motor 1/4/1100 / Elec 208-230-/3/60 ICP CU-2 CAS120HDA0A00AA // 410a Fan Size 50 / Fan Motor 1/4/1100 Elec 208-230-3/60 Ocean Front Concession Stand Mitsubishi Condenser Model # MXZ2C20NA4 // 2 Tons // Freon 410A // Air Handler Model # MSZ-GS12NA // 2 Tons // Freon 410a / Year – 2024. Ocean Front Lifeguard Building Grand Aire Condenser Model # WCA4244LKA100 // Year – 2021 // Freon 410a // 2 Tons. Grand Aire Air Handler Model # WAPL244A / Year 2021 // Freon 410A. Police Department Daikin Air Handler (1st Floor - East) Model # CAH013GDAM// Daikin Air Handler (1st floor – West) Model # FBCAH045GDAM // Daikin Air Handler (2nd Floor) Model # CAH028GDAM // Chiller Daikin / Model E AGZZ130EDHEPNN00 // 130 Tons. Public Works #1 Day & Night CU-1 (Admin Roof) //CAS091HAGOA00AA // 2015 // 7.5 Tons // Trane Air Handler AHU1 // TWE090A300EL // Year – 6/2006 // 7.5 Tons. Belt size A48. Public Works #2 Bard Unit (AC1) W18A2-A05 // 1.5 Tons // yr: 2002 // 556 City of Boynton Beach Purchasing Division RFP No. 25-058R – HVAC Equipment, Maintenance, Products, 26 Services and Repairs Contractor Goodman Air Handler (Facilities breakroom) AMST60DVH000A // 5 Tons // 410A // Goodman GSXN406010AA (Fac. West San Off.) // Yr: 2023 // 5 Tons // Goodman Air Handler ARUF29B14AC // 2 Tons // 410A// Goodman Condenser G5X140241LC// 2 Tons // 410A. Public Works #3 Day and Night Air Handler FXM4X6000AL (storage closet) // Yr: 9/2015 // 410A // elec: 208-230v/1/60 // Day and Night CU-1 // R4A460GKB100 // 4 Tons // Yr: 2015 // 410A // Fan Motor size ¼ HP. Children’s Schoolhouse Museum Air Handler #1 Trane Model # MCCA014NA00B0000000 // Air Handler 2 Trane Model # MCCA014GAU0BA000EOCCA // Condenser # 1 Trane Model # TTA180E300AA // 15 tons // 410A // Condenser 2 Trane Model # TTA180E300AA // 15 Tons // 410A Tennis Center Air Handler x2 Mitsubishi Model # MUZHM@4NA // 410A // Goodman Condenser Model # GSX140301KB // 410A// 2.5 Tons The Links Golf Course ICP Condenser (dining room) Model # WCA4364GKA100 // 5 tons // 410A // Yr: 2022 // ICP Air Handler (dining room) Model # WAPL364A // 3 Tons // 410A // Yr: 2022 // Rheem Condenser (Men’s Room) Model # 13AJA30A1 // 2.5 Tons // 410A // Yr: 2008 // Rheem Air Handler (Men’s Room) Model # M280802139 // 2.5 Tons // 410A // Yr: 2008. Woman’s Center Trane Air Handler (1st floor kitchen) Model # GAM5B0060M51EBA // 410A // Trane Air Handler (1st fl. Ballroom) Model # GAM5B0060M51EBA // Trane Air Handler (1st Fl. Ballroom East) Model # TWE09043AA078D // Carrier Air Handler (1st /Fl. Entrance/Lobby) Model # FX4DNF043L00ACAA // ICP Air Handler 2nd Fl. E. Ballroom Model # TAA120S4D-1Y) Trane Air Handler (2nd Fl. W. Ballroom) Model # TWE12043AAD78D // 557 City of Boynton Beach Purchasing Division RFP No. 25-058R – HVAC Equipment, Maintenance, Products, 27 Services and Repairs Contractor Trane Condenser (2nd Fl. W. Ballroom) Model # TTA12043CAA02BS01 // Size:7 // 410A // Carrier Condenser (1st Fl) Model # CA16NA042 // Size 3.5 // Carrier Condenser (2nd Fl) // Model # CA16NW061-B // 410A // 5 Tons // Trane Condenser (1st Fl. Kitchen) Model 4TTR6060N1000AA // 410A // 5 Tons// Trane Condenser (2nd Fl. E.) Model # 4TTR6060N100AA // 410A // 5 Tons // Trane Condenser (1st Fl. E.) Serial # 23372945YA // 410A // 5 Tons. Boat Club Bait & Tackle Shop Trane Condenser Model # 4TTB3036E1000AA // 2.5 Tons // 410A // Yr: 2014 // Trane Air Handler Model # TAM4A36S31SCA // 3 Tons // 410A // Yr: 2014. Boat Club Clubhouse Bard Unit AC-1 (W. Side of Bldg.) // 5 Tons // Yr: 2011 // Fan Size 25.5 rla // Fan Motor Size ½ HP // Elec: 208v/1p60hz // Little League Park (Concession Stand) Trane Condenser Model # 4TTR5061E1000AA // Unit Size – 5 Tons // Freon – 410A // Trane Air Handler Model # 4TEE3F65A1000AB // Unit Size 5 Tons // Freon 410A // Yr - 2006 City Hall Trane Air Handler 1st Fl. Model # CSAA05OUALOO // Trane Air Handler (Commission Chambers) Model # UCCAF10C0EM012201200DEJ00ED// Trane Air Handler (2nd Floor) Model # CSAA040UAL00 // Trane Air Handler 3rd Floor Model # CSAA025UAL00 // Trane Air Handler (4th Fl.) Model # CSAA0251AL00. Arts & Cultural Center Daikin Air Handler Model # BCHD0501DRWYYYTAPE1D018NYLYY Daikin Air Handler #2 Model # BCHD0501DRWYYYTATYYYYYYNYLYY Daikin Air Handler #3 Model # BCHD0501DLWYYYYTATPE1D018NYLYY Daikin Air Handler # 4 BDHD0300DLWYYYAYYYPE1D01ENYLYY Daikin Air Handler # 5 Model # CAH021GDAM Daikin Air Handler #6 Model # CAH003GDAM Daikin Air Handler # 7 Model # BCHD0301DLWYYYYYYYPE1D015NYLYY Daikin Air Handler #8 Model # BCHD0401DLYYYYYYYPE1D018NYLYY 558 City of Boynton Beach Purchasing Division RFP No. 25-058R – HVAC Equipment, Maintenance, Products, 28 Services and Repairs Contractor Daikin Air Handler # 9 Model # BCH0301DRWYYYYYPE1D009NYLYY Daikin Air Handler # 10 Model # BCHD0401DRWYYYYYYYPE1D015NYLYY Ezell Hester Park Community Center Trane Condenser // Yr 2017/ 2.5 Tons // 410A // Fan Motor Size 5.6HP // Elec: 208-230/3/60 // Belt Size A44/AX44/4L460 Trane JTC Rosin Condenser Air Handler AHU-7 // Yr:2009 // Size 2.5 Tons // Fan Motor Size 1/3 HP // Elec: 208-230/1/60 Carrier Air Handler (AHU-4) (Office Bathrooms) 6.1 Tons // 410A // Fan Motor Size ¾ HP/1720hp // Elec: 208-230-1/60 Carrier Air Handler AHU-3(Locker Rooms) Model # 50T6-M09A2B5A0A0A0 // 6.8 Tons // R410A // Fan Motor Size 1hp /1720 RPM // Elec: 208/3/60 Johnson Controls RTU-2 (Gym West) Roof Top Model # V3E412ABD2A1BCAAA1 // Size 30Ton // R410A // Fan Motor Size: 10HP Elec: 230/3/60 Trane RTU (Gym East) Computer Access //TED360AFA50B2DA // Freon R-22 Year: 2002 Fan Motor Size 10hp // 230/3/60 Carrier Air Handler (AHU-2) (Weight Room) Computer Access //Model #50TM- 007-V501 // Freon R-22 // Fan Motor Size 1 hp / 1725 RPM // Carrier Air Handler (Locker Rooms) Computer Access Rooftop Southwest // Model # 50TM-007-V501 // Freon R-22 // Fan Motor 1hp / 1720 RPM / 208- 230/3/60 Carrier Air Handler (AHU-3a) Computer Access // Gym Storage Rooftop South West // Model # 50TM-007-V501 // Freon R-22 // Elec: 208-230/3/60 Carrier Air Handler (AHU-4) Computer Access // Office Bathrooms Rooftop South West // Model # 50SD-024-311TP // FreonR-22 // Fan Motor Size ¾ hp / 1720 hp Elec: 208-230/1/60 Carrier Air Handler (AHU-5a) (large room) Computer access // Model # 50TM-016- V5115A // Fan Motor size 5 hp/1720hp // 208-230/1/60 // Carrier Air Handler (AHU-5b) (large room roof top North) Model # 50TM-016- V5115A Freon R-22 // Fan Motor Size 5 hp/1720 hp // 208-230/1/60 // Carrier Air Handler (AHU-6) (small room) Rooftop North Center // Computer Access 559 City of Boynton Beach Purchasing Division RFP No. 25-058R – HVAC Equipment, Maintenance, Products, 29 Services and Repairs Contractor // Model # 50HJ-007-V521 // Fan Motor Size ¾ hp // 208-230/3/60 // Trane Air Handler (AHU-7) Computer Access // JTC Office Yr: 2007 // Model # 2TEC3F3OR1000AA // Fan Motor size 1/3hp // 208-230/1/60 Trane Air Handler (AHU-8) (Game Room) Computer Access // Model # TWE060B100EL // Fan Motor Size 5.6hp // 208-230/3/60 // Belt A44/AX444L460 Carrier Roof Top Unit (RTU-3) Main Entrance // Model # 50HJ-006-V531 Freon R-22 // Belt Size A40/AX40/4L420 Condenser Unit (CU-1) (Small Room) Roof top North // Computer Access // ICP RTU (Large Room) Roof top North // Unit Size 15 Tons // Model # RA5180H0CA0AATA // Freon R-410 // Fan Motor Size 5hp/1720hp // 208- 230/1/60 // Belt Size B50/BX50/5L530 ICP RTU (South) (Large Room) Computer Access Roof top North // Model # RA518OHOC40AATA // Unit Size 15 Tons // Fan Motor Size 5hp/1720hp 208- 230/1/60 // Belt Size B50/BX50/5L530 Carrier RTU (Small Room) Roof Top North Center // Model # 50FC- M07A2B5A0A0A0 // Motor Size ¾ hp // 208-230/3/60 // Belt Size A38/AX38/4L00 ICP RTU-3 (Main Entrance) Roof Top Unit // Size: 5 Tons // Model RAV060HGFA0AAAA // 208-230/3/60 // Belt Size A40/AX40/4L420 Carolyn Sims Center Trane Air Handler (AHU-1) // Computer Access (2nd Fl) // Model # MCC-14 // Northwest corner // Freon – Chiller Water // Belt Size BX46 // Filter Size 16x20x2 // Trane Chiller (CH-1) 56 Tons // Computer Access (2nd Fl A/C Rm) Outside NW Corner // Model # CGAF-60 // Freon Chilled Water // Freon R410A Trane Air Handler (AHU-2) Computer Access (2nd Fl A/C Rm) Model # MCC-17 // NW Corner 2nd Fl. // Freon - Chilled Water // Belt Size B59 // Filter 16x20x2 Sara Sims Park Condenser Building GREE Model # LIVS12HP115V1BO // Unit Size 1 Ton // Freon 410A // Yr -2019 // GREE Air Handler Model # LIVS12HP115V1BH // Unit Size – 1 Ton // Freon 410A // Yr – 2019. 560 City of Boynton Beach Purchasing Division RFP No. 25-058R – HVAC Equipment, Maintenance, Products, 30 Services and Repairs Contractor Palm Beach Memorial Park (Cemetery) ICP Model # PAD460000K000D1 // Unit Size – 4 Tons // Freon – 410A Fire Station #1 Trane Air Handler 1st floor / Model # CSAA017UAL00 Fire Station #2 Bard Unit (AC-1) Facilities Breakroom // Year 2002 // unit Size 1.5 Tons // Model # W18A2-AO5 // Freon – 410 // Goodman Air Handler (AHU-1) // Facilities Breakroom // Model # 2305189424 // Size – 5 Tons // Freon – 410A // Goodman Condenser Unit (CU-1) Facilities Office West San. Office // Model # GSXN406010AA // Yr: 2023 // Size – 5 Tons // Goodman Air Handler (AHU-2) // East San. Office // Model # ARUF29B14AC // Unit Size 2 Tons // Freon 410A // Goodman Condenser Unit (CU-2) East San. Office // Model # GSX14024126 // Size – 2 Tons // Freon 410A // Fire Station # 3 Trane Condenser (CU-1) // Computer Access (Entire Fire House) Model # RAUJC40EBC03000020 // Yr: 2016 // Size 40 Tons // Freon - Chilled Water // Fan Size 41.4RLA Elec: 208/3/60 // Trane Air Handler (AHU-1) Model # MCC8035UA0A0UB // Fan Motor Size 25 hp/1740 rpm // Elec: 208/3/60 // Belt Size B63 / 5L660 // Filter Size 24x24x2 / 20x24x2. Fire station #4 ICP Condenser Unit (CU-2) // NW side of bldg., Year: 2022; Size – 3 Tons // Model # NHA360GHC300 // Fan Size 128 LRA // 208/3/60 // Trane Air Handler (AHU-2) // NW Side of Bldg., Year- 2005 // Freon – 410A // Model # MCCB008UA0COVA // Fan Size 17.5BLA // Motor Size – 5hp/1725rpm // 208/3/60 // Belt Size B58 / Filter Size 20x20x2. // ICP Air Handler (AHU-2) / Yr – 2022 // Size – 5 Tons // Model # FASO72MAAAOAOAA // Fan Size – 2.5FLA // Motor Size 3/4hp/1725rpm // 208/3/60 // Belt Size A-44 // Filter Size 16x20x1 and 20x20x1 // ICP Condenser Unit (CU-2) NW Side of Bldg., // Model # CAS072HAA0A00AA // Yr: 2022 // Size – 5 Tons // Fan Size 19.8RLA // Motor Size 1/6hp // 208/3/60// Trane Condenser Unit (CU-2) // Yr: 2005 // Size – 10 Tons // Model # 561 City of Boynton Beach Purchasing Division RFP No. 25-058R – HVAC Equipment, Maintenance, Products, 31 Services and Repairs Contractor TTA120B30SEA // Freon – R-22 // Fan Size 128LRA // 208/3/60 // Trane Air Handler (AHU-2) // Model # MCCB008UA0COUA // Yr: 2005 // Unit Size – 10 Tons // Freon – R-22 // Fan Size 17.5 FLA // Motor Size 5hp / 1725 rpm // 208/3/60 // Belt Size B58 // Filter Size 20x20x2 // Trane Condenser Unit (CU-1) NW side of Bldg., Model # 2TTA0072A3000AA Freon - R-22 // Fan Size 19.8RLA // Motor Size 1/6 hp // 208/3/60 // Trane Air Handler (AHU-1) // Yr: 2005 // Unit Size – 5 Tons // Model # TWE060A300EL // Freon – R-22 // Fan Size 2.5FLA // Motor Size 3/4hp / 1725 rpm // 208/3/60 // Belt size A-44 // Filter Size 16x20x1 // 20x20x1. Fire Station # 5 Trane Chiller (CH-1) // East Side of Site // Year – 2025 // Unit Size – 70 Tons // Model # CGAM070F2 // Freon – 410A // Trane Air Handler (AHU-1) // 1st Fl. Mech Rm., // Model # MCCB010UA0A0UA // Unit CFM – 4900 cfm // Fan Size 7.5 hp /1750rpm // 460v/3p/60hz // Belt Size – B33 /BX33 // Filter Size 20x25x2 // Trane Air Handler (AHU-2) // 1st Fl Mech Rm // Computer access // Location FS5 & City Hall // Model # MCCB010UA0A0UB // Unit CFM – 4000 cfm // Motor Size 7.5hp/1750rpm // 460v /3p/60hz // Belts Size – B34/BX34 // Filter Size 20x25x2 // Trane Air Handler (AHU-3) // Computer Access // Location – FS5 & City Hall // 1st Fl Mech Rm // Model # MCCB010UA0A0UA // Unit CFM – 4250 cfm // Fan Motor Size 7.5hp / 1750rpm // 460v/3p/60hz // Belt Size – B33/BX33 // Filter Size 20x25x2 // Trane Air Handler (AHU-4) // 2nd Fl Mech Rm // Computer Access // LocationFS5 and City Hall // Model # MCCB012UAGA0UA // Unit CFM – 4070 cfm // Motor Size 7.5hp // 460v/3p/60hz // Belt Size B36 / BX36 // Filter Size 20x20x4 // Trane Air Handler (AHU-5) // 2nd Fl. ITS // Computer Access FS5 and City Hall // Model # LPCAA06 // Unit CFM 1700 cfm // Fan Motor Size – 2hp // 460v/3p/60hz // Belts Size A44 / AX44 Filter Size 20x25x2 // Trane Air Handler (AHU-6) // 2nd Fl. Dispatch // Computer access FS5 and 562 City of Boynton Beach Purchasing Division RFP No. 25-058R – HVAC Equipment, Maintenance, Products, 32 Services and Repairs Contractor City Hall // Model # LPCAA06 // Unit CFM – 2100 cfm // Fan Motor Size 2hp // 460v/3p/60hz // Belt Size A44*AX44 // Filter Size 20x25x2 // Trane Condenser Unit (CU-7) // 1st Fl Gear Deco Rm // Computer access & Location FS5 & City Hall // Model # 2TTA3042A4000BA // Freon – R22 // 460v/3p/60hz // Trane Air Handler (AHU-7) // 1st Fl Gear/Decon Rm // Model # MCCB003UA0A0uA // Unit CFM – 600 cfm // Motor Size 1hp/1750rpm // 460v/3p/60hz // Belt Size 4L420 // Filter Size 20x25x2. Utilities Administration Building CU 1 TTA240E40SAA 13164KCFTA (20- ton unit) Trane (CU2) TTA240B400GA 14223NR4TA (20-ton unit) Trane (AHU1) MCCA012ABH0CB k99E01351N (20-ton unit) Trane (AHU2) MCCA014BBJ0COFA k99EO1358N (20-ton unit) Mitsubishi (AHU3) MSY-GE12NA (Mini split) Mitsubishi (CU3) MUY-GE 12NA (Mini split) East Water Treatment Plant American Standard (CU4) 2TTA0042A3000AA 4382RDA3F Bard (BD7) WA484C09B Trane (AHU4) Payne PF1MNMNA048000 4501A56446 Trane (ACC1-1) RAUJC504BB13BD C11H05008 Trane (ACC1-1) RAUJCBB130BD American Standard (RTU5) TSC120F3E0A01 121813541L Trane (CU6) 4A7A50036E100AC 1292U7N5F Trane (AHU6) GAF3AQA West Water Treatment Plant Trane (ACC1-1) RAUJC504BB130BD C11H05008 Trane (AHU1-1) MCC Carrier (RTU1-2) 50HJ-020-GC60-BB 2107G10093 Carrier (RTU2-1) 50HJ-006-E631 1507G10559 Carrier (RTU 2-2) 50HJ-028-HC-BB 1407G40016 563 City of Boynton Beach Purchasing Division RFP No. 25-058R – HVAC Equipment, Maintenance, Products, 33 Services and Repairs Contractor Master Lift Station # 309 Trane FE4ANB006LOOABAA 1217A8481 Three Million Gallon Tank Bldg. Mitsubishi MSZ-JP09WA The City reserves the right to add a facility(ies) as necessary. 2.10 INSPECTIONS SCHEDULE PREVENTITIVE MAINTENANCE: A. Air Cooled Chillers Inspection Schedule (Police Dept., Fire Station 5, Carolyn Sims Center) Quarterly / Annual Maintenance Includes: • Report to Customer upon arrival. • Inspect overall unit condition. • Check all compressors and motors for proper amp draws • Check all oil levels, check for contamination, and note on report • Check all wiring terminals and tighten as needed • Check all contactors for wear and pitting • Check all Connections on relays • Check the operation sequence of chiller, adjust controls as required • Check all safety controls and verify operation • Check all oil heaters for operation • Check operating pressures of each circuit and record • Check and adjust all belts as required • Check all bearings and grease as needed • Check all compressors for visual leaks of oil or Freon • Inspect condenser fins for damage and / or problems • Check entering air and leaving air of condenser • Check interlock controls with pumps • Clean condenser coils (annually) • Oil samples (annually) B. Rooftop & Split Systems Units: - (Quarterly) • Check all control wiring for problems • Check and record all compressor run loads amps • Check all contactors and relays for operation and terminal connection • Check an safety controls for operation and terminal connection, adjust as required. • Check all condenser fan motors for operation and oil as required 564 City of Boynton Beach Purchasing Division RFP No. 25-058R – HVAC Equipment, Maintenance, Products, 34 Services and Repairs Contractor • Check condenser motor blades • Check all evaporator fan motors for operation and oil as required • Inspect evaporator blower assembly, grease bearings • Check all evaporator belts for alignment and adjust • Inspect evaporator coil and clean as required • Chemically clean evaporator and condenser coils (annually) • Inspect drain pan and clean as required • Provide filter and labor for one (1) filter change per quarter • Check condenser coils for damage and visible leaks • Check all evaporators for leaks • Inspect all internal and external piping • Provide annual acid and moisture test for each compressor circuit • Inspect for abnormal operational vibration and correct as required • Check operation of thermostat and calibrate as required C. Air Handlers: (Quarterly) • Check motor and record amp draw • Check starter for operation and wiring terminations • Check belts for alignment and adjust as required • Check all bearings and grease as required • Visual inspection of shaft condition, report problems • Check and record entering and leaving air temperatures • Check operation of chill and hot water valves, note leaks • Verify drain operation and clear any obstructions • Chemically clean coil (annually) • Install pan tabs as required • Inspect filters and log conditions • Check and recalibrate static pressure sensors • Check and recalibrate humidity controls as required • Check variable speed drives for normal operation D. Building Automation (Quarterly) Ezell Hester Park Community Center • Check all sensors for range and operation • Calibrate sensors as needed • Check all wiring and adjust as needed • Check all controllers for operation • Go over programming with onsite personnel • Check data trend for HV AC equipment • Check all set points and adjust as required • Check all pneumatic to electric switches for proper pressure E. Pumps • Check motor and record amp draw • Check seals for leaks and or excessive wear • Check inboard and outboard bearings and grease as needed· • Visual inspection of alignment of motor to pump • Inspect coupler for proper wear and alignment • Visual inspection of starter for each pump, check wiring and tighten as required 565 City of Boynton Beach Purchasing Division RFP No. 25-058R – HVAC Equipment, Maintenance, Products, 35 Services and Repairs Contractor • Check pump base for condition and proper drainage • Check insulation on pump headers and end bells • Check all setscrews and keyways • Check and record pump pressures if gauges are present F. Filters • All filters in all facilities will be replaced with pleated filters on a quarterly basis. G. VAV Boxes (Annually) • Change filters and check heat • Check all controllers for normal operation • Check all wiring terminals and tighten as needed • Check motor and record amp draw 2.11 ESTIMATED BUDGET The estimated budget for this project is Three Hundred Thousand Dollars per contract year. 566 City of Boynton Beach Purchasing Division 37 RFP No. 25-058R – Citywide HVAC Equipment, Maintenance, Products, Services and Repairs CITYWIDE HEATING, VENTILATION, & AIR CONDITIONING EQUIPMENT, MAINTENANCE, PRODUCTS, SERVICES AND REPAIRS RFP No. 25-058R SECTION III – SUBMISSION OF PROPOSALS 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 RFP. As such, the substance of the Proposal will carry more weight than its length, form, or manner of presentation. The Technical Proposal should demonstrate the qualifications of the Proposer and the particular staff to be assigned to this engagement. It should also specify an approach that will meet or exceed the RFP requirements. The selected Contractor(s) shall provide sufficient organization, personnel, and management to carry out the requirements of this RFP expeditiously and economically, consistent with the City's needs. Additionally, the Contractor will be required to demonstrate recent experience successfully completing services similar to those specified in this RFP. 3.2 CERTIFICATION AND LICENSES Proposers must include copies of all applicable certificates, licensing, or business permits related to the Work specified in the scope of work with their proposals. 3.3 DETAILED PROPOSAL Each of the five (5) sections listed below shall be completed online through the e- procurement system. ALL PROPOSAL FORMS ARE TO BE COMPLETED ONLINE 1. Letter of Interest The Letter of Interest shall summarize the Proposer’s primary qualifications and a firm commitment to provide the proposed services. 2. Firm’s Qualifications a. Complete and submit the Proposer’s Qualification Statement. b. Proof of authorization (SUNBIZ) from the Florida Secretary of State to transact business in the State from prime and supporting firms. c. Describe the Firm and provide a statement of the Firm’s qualifications for performing requested services within South Florida. d. Identify the services that your Firm’s staff would complete e. Identify any subcontractors you propose to utilize to supplement your Firm’s staff. f. If the Principal place of business is different than the location specified in the Proposer’s Qualification Statement, then the proposer shall specify the office location where each project will be managed and produced. 567 City of Boynton Beach Purchasing Division 38 RFP No. 25-058R – Citywide HVAC Equipment, Maintenance, Products, Services and Repairs 3. References – Past Performance Provide a list of three (3) governmental agency or private sector references or similar contracts for which the Proposer has completed or is in progress within the past five (5) years with the following information: a. Name of Agency b. Address c. Contact Name, Email Address d. Telephone Number 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 people 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 may 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. 4. Submittal of General Information and Procurement Forms and Documents Procurement forms must be completed, signed, notarized when required and uploaded to Bids & Tenders. In addition, all other requests and supporting documentation should be submitted as part of the proposal. 5. The Price Proposal Sheet is for informational purposes only. The prices for all items and labor shall be entered into Bids & Tenders pricing tables. THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY 568 City of Boynton Beach Purchasing Division 39 RFP No. 25-058R – Citywide HVAC Equipment, Maintenance, Products, Services and Repairs CITYWIDE HEATING, VENTILATION, & AIR CONDITIONING EQUIPMENT, MAINTENANCE, PRODUCTS, SERVICES AND REPAIRS RFP No. 25-058R SECTION IV – EVALUATION OF PROPOSALS 4.1 EVALUATION METHOD AND CRITERIA A preliminary evaluation of each Proposal will be conducted by the City’s Purchasing Division Agent or Designee through the City’s electronic e-procurement 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 and Selection Committee, herein referred to as “Selection Committee,” comprised of City staff and an outside Contractor(s), if deemed necessary. The Selection 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 Selection 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 best-qualified Respondent(s) will be based on whether the Respondent(s) are responsible and responsive, which means a Firm that has submitted a proposal that conforms in all material respects to the requirements in this RFP. The criteria provided below is provided to assist the Proposer in the allocation of 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. Please note vendors must be able to provide all items listed through 5, to be considered responsive. # Proposal Evaluation Criteria Possible Point Range Weight (%) Compliance with Request for Proposals Requirements (Responsiveness) [Mandatory] 1. Experience: Minimum of 5 years providing services within the scope of work to municipalities, organizations, businesses 0 - 20 10% 2. Managerial Expertise and Capacity: Personnel and supervisors to be assigned to the project, education, capabilities, qualifications, and experience with similar projects in the State of Florida 0 - 20 30% 3. Operational Ability: Quality of the operational approach, including staffing, hours of operation, inventory management, facility maintenance, and compliance with City requirements. 0 - 20 20% 569 City of Boynton Beach Purchasing Division 40 RFP No. 25-058R – Citywide HVAC Equipment, Maintenance, Products, Services and Repairs 4. Implementation and Timeline: Ability to meet the breadth of City’s needs and timeline requirements for scheduled and emergency services 0 - 20 15% 5. Proposed Costs: This refers to the proposed schedule included in the RFP. Each location has a separate charge. The City reserves the right to award to more than one vendor if seen in the City's best interest. (Please note that price is only one factor for consideration of award). 0 - 20 20% 6. Local Business Preference: Proposer is a registered business with a physical address in the City of Boynton Beach. Documentation must be provided. 0 or 5 5% Total Proposal Points 105 100% Presentations- If requested 0 - 25 25 Local Business Preference In accordance with City of Boynton Beach Administrative Policy No. 10.16.01, a local business preference of five percentage points (5%) of the total evaluation score shall be applied for businesses located within the City of Boynton Beach. To receive this preference: • Respondents must submit the Local Business Status Certification Form with their proposal. • Failure to submit this form at the time of submittal will result in zero (0) points awarded for this criterion. • Qualifying firms will receive 5 points from each Evaluation Committee member. • Firms not meeting the requirements will receive zero (0) points. Note: This preference is not applicable where prohibited by local, state, or federal grant funding. Offeror’s price and cost proposals: This refers to the proposed schedule included in the RFP. Each location has a separate list of equipment. The City reserves the right to award to the proposer that is seen to be in the City's best interest. (Please note that price is only one factor for consideration of award). Firm A: Proposed Price $20,000 Percentage = 100% X Weight (20) = 20 Points Firm B: Proposed Price $25,000 Percentage = 80% X Weight (20) = 16 Points Firm C: Proposed Price $28,000 Percentage = 71% X Weight (20) = 14.2 Points Firm B’s percentage is $20,000 ÷ $25,000 = 80% of maximum points Firm C’s percentage is $20,000 ÷ $28,000 = 71% of maximum points 4.2 QUALITATIVE GUIDELINES FOR ASSIGNING AWARD POINTS TO EVALUATION CRITERIA EVALUATION CRITERIA 570 City of Boynton Beach Purchasing Division 41 RFP No. 25-058R – Citywide HVAC Equipment, Maintenance, Products, Services and Repairs Each Evaluation Committee Member shall award a rating of 1 to 20 for each category based upon each member's assessment of Proposers response to the criteria. The following qualitative guidelines: • 20 - 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 RFP 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 Proposer's authoritative knowledge and understanding of the project. • 17-19 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 RFP. The Proposer provides insight into experience, knowledge and understanding of the subject. • 15-16 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. • 13-14 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. • 1-12 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 RFP. LOCAL PREFERENCE • 5 - Business is located in the City limits of Boynton Beach • 0 - Business is located outside the City limits of Boynton Beach 4.3 ORDINAL RANKING The Evaluation Committee may decide collectively to exercise the option of Ordinal Ranking, in which evaluators rank proposals from best to least favorable based on overall quality, innovation, and feasibility. If ordinal ranking is used, the following criteria will apply: • The highest-ranked vendor will be recommended for the contract award. • The City would negotiate with the top-ranked proposer(s) to finalize contract details before presenting the final contract to the City Commission for approval. 4.4 ADDITIONAL CLARIFICATION The City reserves the right to seek clarification from any or all Proposers if the information received during the evaluation process requires further explanation. Clarifications may be 571 City of Boynton Beach Purchasing Division 42 RFP No. 25-058R – Citywide HVAC Equipment, Maintenance, Products, Services and Repairs requested either before or after shortlisting, depending on what the Evaluation Committee determines to be in the best interest of the City. 4.5 BEST AND FINAL OFFER A process requested from one proposer or short-listed proposers for their best price(s) for a specific solicitation before determining a contract award. This shall be at the discretion of the Evaluation Committee. Proposers 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. The City reserves the right to request Best and Final Offers from any or all Proposers if it is determined that further revisions to the proposal, including the proposed price, are necessary. 4.6 SELECTION PROCESS A. An Evaluation Committee consisting of the City’s staff members, and may include outside Contractors 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 RFP. B. This weighted criterion is the evaluation framework the EC uses during the shortlist and scoring process. 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 members 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 rankings are determined, the City staff or evaluation committee will initiate negotiations with the top-ranked firm. G. Once an acceptable contract is finalized, which may include a Best and Final Offer, the respective department will prepare an agenda item which will be presented with the final contract to the City Commission for final approval and signature. 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. 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. 572 City of Boynton Beach Purchasing Division 43 RFP No. 25-058R – Citywide HVAC Equipment, Maintenance, Products, Services and Repairs CITYWIDE HEATING, VENTILATION, & AIR CONDITIONING EQUIPMENT, MAINTENANCE, PRODUCTS, SERVICES AND REPAIRS RFP No. 25-582R 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. The term “vendor,” as used below, may collectively apply to vendors, bidders, proposers, Contractors, and Sub-Contractors. 5.1 FAMILIARITY AND COMPLIANCE WITH LAWS, CODES AND REGULATIONS: Before submitting a proposal to this RFP, proposers 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. Proposers 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 Proposer shall not be a cause for relief from responsibility. 5.2 NON-COLLUSION Proposer shall not collude, conspire, connive, or agree, directly or indirectly, with any other proposer, 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 a person to fix the price or prices in the proposal submission form or of any other proposer, or to fix any overhead profit, or cost elements of the proposal price of any other responder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against any other proposer, or any person interested in the proposed work. The proposer 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 Proposers 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 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 proposal in this solicitation. If additional quantities are not acceptable, the price proposal 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. 573 City of Boynton Beach Purchasing Division 44 RFP No. 25-058R – Citywide HVAC Equipment, Maintenance, Products, Services and Repairs 5.7 LEGAL REQUIREMENTS: Proposer shall comply with all 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 Proposer will in no way be a cause for relief from responsibility. 5.8 ON PUBLIC ENTITY CRIMES All Request for Proposals 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 proposal on a contract or provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, vendor, or Contractor 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 AND HEALTH: The Proposer certifies that all material, equipment, etc., contained in this proposal meets all O.S.H.A. requirements. Proposer further certifies that if awarded as the Contractor, 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 Proposer. Proposer 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 Proposer and, if awarded Contractor, 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 resulting from this solicitation and, in furtherance thereof, may demand and obtain records and testimony from the Contractor and its sub-contractor and lower-tier sub-contractors. The Consultant understands and agrees that in addition to all other 574 City of Boynton Beach Purchasing Division 45 RFP No. 25-058R – Citywide HVAC Equipment, Maintenance, Products, Services and Repairs 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 justifying its termination. 5.13 OTHER AGENCIES Any Agreement(s) resulting from this RFP and from this submitted proposal may, upon mutual agreement, permit any municipality or other governmental agency to participate in the Agreement 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 Proposer(s). 5.14 VENUE AND GOVERNING LAW: Any and all legal actions arising from or necessary to enforce this solicitation and resulting Agreement will be held exclusively 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 Agreement, 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. 575 City of Boynton Beach Purchasing Division 46 RFP No. 25-058R – Citywide HVAC Equipment, Maintenance, Products, Services and Repairs F. The Contractor 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 Contractor 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 CONTRACTOR RELATIONSHIP: The Proposer and, if awarded Contractor, is, and shall be, in the performance of all work, services, and activities under this solicitation and the resulting Agreement, an independent Contractor and not an employee or agent of the City. All persons engaged in any of the work or services performed pursuant to the Agreement 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 contractor 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 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, or other response and shall remain in effect until the City Commission awards or approves a contract, rejects all responses, or otherwise takes action that ends the solicitation process. While the cone of silence is in effect, no Proposer or its agent shall directly or indirectly communicate with any member of 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 Proposer. Further, any contract entered into in violation of the cone of silence shall render the transaction voidable. The cone of silence shall not apply to oral communications at any public proceeding, including pre-proposal 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 576 City of Boynton Beach Purchasing Division 47 RFP No. 25-058R – Citywide HVAC Equipment, Maintenance, Products, Services and Repairs 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 Proposer for any legal fees, court costs, or other legal expenses arising from the interpretation or enforcement of the Agreement, or any other matter generated by or relating to the Agreement. 5.20 NO THIRD-PARTY BENEFICIARIES: No provision of this RFP 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 Proposer. 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, Contractor, 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 Agreement, 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. 577 City of Boynton Beach Purchasing Division 48 RFP No. 25-058R – Citywide HVAC Equipment, Maintenance, Products, Services and Repairs 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 contract pursuant to the City’s Procurement Policy, provided the State of Florida 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 agreements for goods and services falling within the scope of this solicitation and resultant Agreement when the specifications differ from this solicitation or resultant Agreement, or for goods and services specified in this solicitation when the scope substantially differs from this solicitation or resultant Agreement. 5.25 BUSINESS INFORMATION If a proposing firm is a Joint Venture for the goods/services described herein, the Proposer shall, upon request of the City, provide a copy of the Joint Venture Agreement signed by all parties. 5.26 AGREEMENT Proposer agrees that by submitting a proposal that is accepted by the City of Boynton Beach, a binding Agreement 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 Proposer. The Proposer certifies that the proposal has been made by an officer or employee having the authority to bind the Proposer. 5.27 ENDORSEMENTS No endorsements by the City of the goods and/or services will be used by the Proposer in any way, manner, or form. 5.28 DRUG-FREE WORKPLACE The Contractor 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 Proposer'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 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 contract, the employee will abide by the terms of the statement and will notify the Proposer 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 578 City of Boynton Beach Purchasing Division 49 RFP No. 25-058R – Citywide HVAC Equipment, Maintenance, Products, Services and Repairs 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 Proposer represents and certifies that Proposer and all Sub- Contractors 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. Proposer represents and certifies that Proposer and all Sub-contractors 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 Proposers 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 Proposer's social, political, or ideological interests when determining if the Proposer is a responsible Contractor. Proposers are further notified that the City's governing body may not give preference to a Proposer based on the Proposer'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 Proposer 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 are exempt from public records disclosure until thirty (30) calendar days after the opening of the RFP unless the City announces intent to award sooner, in accordance with Florida Statutes 119.071. The Contractor 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 which have been created as a part of the vendor's services or authorized by the City as 579 City of Boynton Beach Purchasing Division 50 RFP No. 25-058R – Citywide HVAC Equipment, Maintenance, Products, Services and Repairs a reimbursable 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, 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 Proposer believes to be confidential and exempt from disclosure (i.e., a trade secret or as provided for in Section 119.07, Chapter 688, 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 Contractir 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 Agreement, 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 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 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 Contractor 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. 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 CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE 580 City of Boynton Beach Purchasing Division 51 RFP No. 25-058R – Citywide HVAC Equipment, Maintenance, Products, Services and Repairs CUSTODIAN OF PUBLIC RECORDS: CITY CLERK’S OFFICE 100 EAST OCEAN AVE. BOYNTON BEACH, FLORIDA, 33435 561-742-6060 CityClerk@bbfl.us 5.34 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. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK 581 City of Boynton Beach Purchasing Division 52 RFP No. 25-058R – Citywide HVAC Equipment, Maintenance, Products, Services and Repairs CITYWIDE HEATING VENTILATION, & AIR CONDITIONING EQUIPMENT, MAINTENANCE, PRODUCTS, SERVICES AND REPAIRS RFP No. 25-058R SECTION VI – SPECIAL PROVISONS – TERM CONTRACT The Contractor will be responsible for supplying necessary labor for the completion of services outlined in this RFP by the City of Boynton Beach. The following special conditions shall apply to all Proposers and eventually to the Contractor (s) who are awarded the contract for these services. 6.1 ASSIGNMENT: Any contract issued pursuant to this request for proposal and the funds that may come due hereunder are not assignable except with the prior written approval of the City. 6.2 PERFORMANCE DURING EMERGENCY: The Contractor agrees and promises that immediately preceding, during, and after a public emergency, disaster, hurricane, flood, or act of God, the City shall be given "first priority" for all goods and/or services under the Agreement. The Contractor agrees to provide all goods and/or services to City immediately preceding, during, and after a public emergency, disaster, hurricane, flood, or act of God, at the terms, conditions, and prices as provided in this solicitation on a "first priority" basis. The Contractor shall furnish a 24-hour phone number to the City. Failure to provide the goods and/or services to the City on a first priority basis immediately preceding, during, and after a public emergency, disaster, hurricane, flood, or act of God, shall constitute a breach of Agreement and subject the Contractor to sanctions from doing further business with the City. 6.3 AGREEMENT TERM AND EXTENSION The City will award this contract for a three (3) year period and reserves the right to extend it for a period not to exceed an additional two (2) years by mutual agreement and by filing a written notice signed by the contractor 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. 6.4 CHANGES TO SCOPE AND ADDITIONAL SERVICES CITY or Contractor may, from time to time, request changes that would increase, decrease, or otherwise modify the scope of services, as described in in Section II – Scope of Work to be provided under this Agreement subject to the requirements. 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. Contractor shall continue to render services while seeking a change order unless such services have not been authorized herein, by written amendment, or change order. 582 City of Boynton Beach Purchasing Division 53 RFP No. 25-058R – Citywide HVAC Equipment, Maintenance, Products, Services and Repairs Services to be performed while seeking a change order which have not been described herein or in a separate written amendment or change order shall be performed at the CONTRACTOR’S own risk. In no event will the CONTRACTOR be compensated for any services which have not been described either herein or in a separate written amendment or change order. 6.5 INDEMNIFICATION The 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 Consultant, 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, Consultant 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. If considered necessary by the Contract Administrator and the City Attorney, any sums due Contractor under this Agreement may be retained by City 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 City. The Contractor shall also be liable to the City for all costs, expenses, attorneys’ fees, and damages which may be incurred or sustained by the City by reason of the Consultant’s breach of any of the provisions of the contract. Contractor shall not be responsible for the negligent acts of the City or its employees. Further, the Contractor shall hold the City harmless and indemnify the City for any funds that the City is obligated to refund the Federal Government arising out of the conduct, activities, or administration of the Agreement by the Consultant. 6.6 TERMINATION The City, by written notice, may terminate in whole or in part any Agreement resulting from this RFP when such action is in the best interest of the City. If the Agreements(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 Contractor, terminate the Agreement in whole or in part if the Contractor fails to satisfactorily perform any provisions of this Agreement, or fails to make progress so as to endanger performance under the terms and conditions of this Agreement, 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 in whole or in part because of default of the Contractor, the City may procure goods and/or services 583 City of Boynton Beach Purchasing Division 54 RFP No. 25-058R – Citywide HVAC Equipment, Maintenance, Products, Services and Repairs like those terminated, and the Contractor shall be liable for any excess costs incurred due to this action. If it is determined that the Contractor 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 Contractor), 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, 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 Contractor, specifying the portions of the Agreement to be terminated and when the termination is to become effective. If only portions of the Agreement are terminated, the Contractor has the right to withdraw, without adverse action, from the entire Agreement. Unless directed differently in the notice of termination, the Contractor 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 Contractor shall terminate outstanding orders and/or subcontracts related to the terminated work. Contractor 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 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 CONTRACTOR The Proposer 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 Proposer to comply with the conditions, terms, specifications, and requirements of the RFP shall be cause for cancellation of the RFP award, notwithstanding any additional requirements enumerated in the Special Conditions herein relating to performance-based contracting. 584 City of Boynton Beach Purchasing Division 55 RFP No. 25-058R – Citywide HVAC Equipment, Maintenance, Products, Services and Repairs The City may, by written notice to the Responding Firm, terminate the Agreement for failure to perform. The date of termination shall be stated in the notice. The City shall be the sole judge of nonperformance. 6.8 INSURANCE REQUIREMENTS If a Contractor is providing a service under this Agreement, then the Contractor shall, at its sole expense, always maintain in full force and effect during the life of this Agreement, 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 Contractor under this Agreement. 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 Contractor 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. It shall be the responsibility of the Contractor 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 Contractor until such time as the items and/or work have been accepted by the City. The Contractor 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 which is awarded to the Contractor may provide that the performance of any act by the City or Contractor 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 Contractor 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. 6.10 INSPECTION AND ACCEPTANCE OF WORK PRODUCED The City has the right to review, require correction, if necessary, and accept the work produced by the Contractor. Such review(s) shall be carried out within thirty (30) calendar days to not impede the work of the Contractor. 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 Contractor. The Contractor 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. 585 City of Boynton Beach Purchasing Division 56 RFP No. 25-058R – Citywide HVAC Equipment, Maintenance, Products, Services and Repairs Failure by the Contractor to proceed with reasonable promptness to make necessary corrections shall be a default. If the Contractor’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. 6.11 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. 6.12 TRUTH IN NEGOTIATION REPRESENTATION Contractor’s compensation under this Agreement is based upon its representations to City, and 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. 6.13 PERFORMANCE REVIEW EVALUATION: The awarded Contractor(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 Agreement and at the time of the end of the term contract. Should the services provided by the Contractor fail to meet the expectations of the City’s Project Manager, the Contractor shall have a period of ten (10) working days from the date notice is given to the Contractor 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 Agreement as determined by the City at its sole discretion. The City, in its judgment, may elect to compensate the Contractor 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 “Contractor 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” 586 City of Boynton Beach Purchasing Division 57 RFP No. 25-058R – Citywide HVAC Equipment, Maintenance, Products, Services and Repairs 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. The Contract Performance Evaluation Form enclosed within this document illustrates a sample evaluation form to be used by the City for the various types of services provided by the City. 6.14 ANTI-HUMAN TRAFFICKING On or before the Effective Date of the Contractor entering into an Agreement with the City, the Contractor 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. 6.15 VERIFICATION OF EMPLOYMENT ELIGIBILITY – E-VERITY Contractor represents that Contractor, and each Sub-contractor 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. 6.16 ENTITIES OF FOREIGN CONCERN The provisions of this section apply only if Contractor or any Sub-Contractor 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, Contractor and any Sub-contractor 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. 6.17 SUCCESSORS AND ASSIGNS The City and the Contractor each bind themselves and their successors and assigns to the other party in respect to all provisions of the Agreement. Neither the City nor the Contractor shall assign, sublet, convey, or transfer its interest in the Agreement without the prior written consent of the other. 6.18 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: 587 City of Boynton Beach Purchasing Division 58 RFP No. 25-058R – Citywide HVAC Equipment, Maintenance, Products, Services and Repairs The Fully Executed Agreement The Instructions to Proposers The Scope of Work (Services) The Special Conditions Standard General Terms and Conditions Proposer’s Proposal THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY 588 City of Boynton Beach Purchasing Division 60 CITYWIDE HEATING, VENTILATION, & AIR CONDITIONING EQUIPMENT, MAINTENANCE, PRODUCTS, SERVICES AND REPAIRS RFP No. 25-058R SECTION VII - PRICE PROPOSAL FORM *THIS FORM IS FOR INFORMATIONAL PURPOSES. PRICES SHALL BE INPUT INTO THE E-PROCUREMENT SYSTEM – BIDS & TENDERS* Pricing shall include travel/trip time, supervision, equipment or tools required to perform the services. 7.1 PREVENTATIVE MAINTENANCE FOR ALL LOCATIONS: FACILITY QUARTERLY PRICE: Intracoastal Park Ocean Front Concession Stand Ocean Front Lifeguard Building Police Department Public Works #1 Public Works #2 Public Works #3 Children’s Schoolhouse Museum Tennis Center The Links Golf Course Woman’s Center Boat Club Bait & Tackle Shop Boat Club Clubhouse Boynton Beach Memorial Park Little League Park Concession Stand City Hall 589 City of Boynton Beach Purchasing Division 61 Arts & Cultural Center Ezell Hester Park Community Center Carolyn Sims Center Fire Station #1 Fire Station #2 Fire Station # 3 Fire station #4 Fire Station # 5 Utilities Administration Building East Water Treatment Plant West Water Treatment Plant Master Lift Station Three Million Gallon Tank Building TOTAL QUARTERLY PRICE $ 7.2 PREVENTATIVE MAINTENANCE FOR ALL LOCATIONS: REPAIRS INCLUDED ***Quarterly Prices will include all repairs throughout the term of the contract. Quarterly prices will be all inclusive and will include all labor, parts, travel, trip, delivery, supervision, tools, and equipment needed to complete all quarterly preventative maintenance inspections and repairs needed during the term of the contract. *** FACILITY QUARTERLY PRICE Intracoastal Park $ Ocean Front Concession Stand Ocean Front Lifeguard Building 590 City of Boynton Beach Purchasing Division 62 Police Department Public Works # 1 Public Works # 2 Public Works # 3 School House Museum Tennis Center The Links Golf Course Woman’s Club Boat Club-Bait & Tackle Boat Club Clubhouse Boynton Beach Memorial Park Little League Concession Stand City Hall Arts & Cultural Center Ezell Hester Center Carolyn Sims Center Fire Station # 1 Fire Station # 2 Fire Station # 3 Fire Station # 4 Fire Station # 5 Utilities Administration Building East Water Treatment Plant West Water Treatment Plant 591 City of Boynton Beach Purchasing Division 63 Master Lift Station Three Million Gallon Tank Building QUARTERLY PRICE $ 7.3 OPTIONAL PRICES – HOURLY RATES HOURLY RATES: REGULAR OVERTIME (Weekends / Holidays) Licensed Technician $_________ $_________ Technician $_________ $_________ Laborer $_________ $_________ 7.4 MATERIAL MARK-UP FROM CONTRACTOR’S COST: Contractor’s material Cost Plus: _________% 592 City of Boynton Beach Purchasing Division 64 APPENDIX ‘A’ CONTRACTING SERVICES 593 65 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND _____________________, FOR ______________________ CONTRACTING SERVICES This Agreement is made as of this __ day of ____________, 20___, by and between _________________________, a ____________________, with a principal address of _______________________, 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 issued Request for Proposals No._________ (the “RFP") pursuant to state and local law to solicit proposals for ____________________ (the “Services”); and WHEREAS Contractor responded to the RFP by submitting its Proposal dated ______________ (the “Proposal”), and WHEREAS the City created an evaluation committee, reviewed all proposals responses and scored the proposals in accordance with the criteria outline in the RFP; and WHEREAS the City selected Contractor as the best qualified to perform the Services; and WHEREAS the City desires to engage Contractor to provide such services to the City on an as-needed basis 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 may be requested to provide specific Services for various and different tasks or projects. 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 in response to periodic written Task Orders (each a “Task Order”) issued by the City on an as-needed basis. For each task or assignment, the City shall request the Contractor to develop for review by the City: a. A scope of services. b. An estimate of fees and costs based on the hourly rates established in this Agreement with sufficient detail to identify the various elements of costs, which 594 66 2. TIME FOR PERFORMANCE. a. Commencement of Work. Services under the Agreement and any applicable work shall commence upon the City giving written notice to the Contractor to proceed along with a purchase order. Contractor shall perform all Services and provide all deliverables required pursuant to this Agreement. Time is of the essence for the Contractor performance of the duties, obligations, and responsibilities required by this Agreement. b. Delays; Untimely Performance. i. Delays; No Fault of Contractor. If Contractor is unable to timely complete all or any portion of the Services because of delays resulting from untimely review by the City or other governmental agencies having jurisdiction over the project and such delays are not the fault of Contractor, or because of delays caused by factors outside the control of Contractor, the City shall grant a reasonable extension of time for completion of the Services. It shall be the responsibility of the Contractor to notify the City in writing whenever a delay in approval by a governmental agency is anticipated or experienced and whenever a delay has been caused by factors outside of the Contractor’s control and to inform the City of all facts and details related to the delay. Contractor must provide such written notice to the City within three (3) business days after the occurrence of the event causing the delay. ii. Delays Due to Contractor. If Contractor fails to substantially complete the Services in whole or in part on or before the date established in each Task Order, Contractor shall pay City its proportional share of any claim for damages arising out of the delay. This section shall not affect either Party's indemnification rights or obligations otherwise outlined in this Agreement. c. If Task Order Continues Beyond Term. Contractor shall complete each executed Task Order without regard to whether such completion would cause Services to be performed after the expiration date of this Agreement. Any 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 Task Orders notwithstanding the expiration of this Agreement. 3. AMOUNT AND METHOD OF COMPENSATION. a. Compensation. As compensation for Services rendered by Contractor to the City pursuant to a duly executed Task Order, the City shall pay the Contractor an annual amount not to exceed ____________ ($____________) (“Fee”) 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 hereto as Exhibit C 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 all of its other obligations under this Agreement and shall include any out-of-pocket or other expenses, including travel expenses, incurred by consultant. b. Subcontractor Fees. If subcontractor is permitted, the Contractor shall bill the City for subcontractor fees with no markup and within any applicable maximum not-to- exceed amount. 595 67 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 Consultant: ______________________ ______________________ ______________________ ______________________ Telephone: _______________ Email: ____________________ 5. INVOICES AND PAYMENT. Invoices must identify the PO number, Task Order project 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 performed and completed pursuant to a duly executed Task Order and 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 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 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. 6. 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. 596 68 7. 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 law or section 768.28, Florida Statutes, as may be amended. 8. ATTORNEY’S FEES. If either Party brings suit to enforce the Agreement, each Party shall bear its own attorney's fees and court costs. 9. 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 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 CONSULTANT’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. 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. 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 597 69 with Section 286.101, Florida Statutes. 11. E-VERIFY. Consultant 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 Consultant, Consultant may not be awarded a public contract for one (1) year after the date of termination. 12. ENTITIES OF FOREIGN CONCERN. The provisions of this section apply only if Contractor or any subcontractor 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 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 subcontractor that will have access to personal identifying information shall submit to City executed affidavit(s) under penalty of perjury, in a form approved by City attesting that the entity does not meet any of the criteria in Section 287.138(2), Florida Statutes. Compliance with the requirements of this section is included in the requirements of a proper invoice for purposes of Section 6. 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. 13. ANTI-HUMAN TRAFFICKING. On or before the effective date of this Agreement, Contractor shall provide City with an affidavit attesting that the Consultant does not use coercion for labor or services, in accordance with Section 787.06(13), Florida Statutes. 14. COUNTRIES OF CONCERN. The Consultant represents that it is and will remain in compliance with Section 286.101, Florida Statutes, for the duration of the term. 15. 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. 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. 16. 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. 17. TRUTH-IN-NEGOTIATION REPRESENTATION. Contractor’s compensation under this Agreement is based upon its representations to City. Consultant 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 598 70 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 Consultant’s compensation in this Agreement. 18. 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. 19. 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. 20. 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 competent jurisdiction exclusively in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 21. 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, 599 71 indemnification, governing law, and litigation shall survive termination of this Agreement and remain in full force and effect. 22. INDEMNIFICATION. Contractor shall indemnify and hold harmless the City and its elected and appointed officers, agents, assigns and employees, Contractor, separate Contractor, any of their subcontractor, or sub-subcontractor (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’s, its agents, employees, subcontractors, subcontractors, 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 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 Consultant 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. 23. 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 subcontractor maintains insurance coverage that adequately covers the Services provided by that subcontractor on substantially the same insurance terms and conditions required of Contractor under this article. Contractor shall ensure that all such subcontractors comply with these requirements and that “and its officers, employees, and agents as additional insured” is named as an additional insured under the subcontractors’ applicable insurance policies. Contractor shall not permit any subcontractor to provide Services unless and until all applicable requirements of this article are satisfied. 600 72 24. 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 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. 25. INDEPENDENT CONTRACTOR. The Agreement does not create an employee/employer relationship between the Parties. The Parties intend that Consultant 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 26. COMPLIANCE WITH LAWS. Contractor hereby always warrants and agrees that 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. 27. BREACH OF REPRESENTATIONS. Contractor acknowledges that City is materially relying on the representations, warranties, and certifications of Contractor stated in its Proposal and 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 Consultant; (c) set off from any amounts due Consultant the total amount of any damage incurred; and (d) debarment of Consultant. 28. 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 its assets related to this Agreement. Contractor shall provide City written notice of any such corporate reorganization, consolidation, merger, or sale of substantially all its assets related to this Agreement within thirty (30) calendar days of such event. 29. 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. 30. 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. 31. NON-EXCLUSIVE. This Agreement is non-exclusive. City may retain additional entities to perform the same or similar work. 32. 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 601 73 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. 33. RIGHTS IN DOCUMENTS AND WORK. a. Ownership. 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 Task Order. Contractor shall deliver to the City for approval and acceptance, and before being eligible for final payment of any amounts due under any Task Order, all documents and materials prepared for the City in connection with the Task Order. 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 subcontractor(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 in the applicable Scope of Services for any Task Order); and Contractor agrees to such reuse in accordance with this provision. 34. CONTRACTOR’S STAFF. Contractor will provide the key staff identified in its Proposal if they are in Contractor’s employment. Contractor will obtain prior written approval from the City to change key staff. Contractor shall provide City with such information as necessary for City to determine the suitability of proposed new key staff. City will be reasonable in evaluating key 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. 35. 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. 36. 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 602 74 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. 37. 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. 38. NON-DISCRIMINATION. Contractor and any subcontractors shall not discriminate based on 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. 39. CONTROLLING PROVISIONS. Except as otherwise specifically provided herein, in the event of any conflict between the specific provisions of this Agreement and the requirements or provisions of the RFP and/or Proposal, the provisions shall be given precedence in the following order: (1) this Agreement, (2) the RFP; and (3) the Proposal. Wherever possible, the provisions of the documents shall be construed in such a manner as to avoid conflicts between the provisions of the various documents. 40. ENTIRE AGREEMENT. The Agreement, including the RFP, the Proposal, and 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 t. 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. 603 75 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 COMPANY NAME _________________________________ ________________________________ Rebecca Shelton, Mayor Approved as to Form: __________________________________ (Signature), Company ________________________________ Print Name of Authorized Official ________________________________ Title Shawna G. Lamb, City Attorney Attested/Authenticated: __________________________________ Maylee DeJesus, City Clerk (Corporate Seal) Attest/Authenticated: _________________________________ (Signature), Witness __________________________________ Print Name 604 76 EXHIBIT A SCOPE OF SERVICES 605 606 The City of Boynton Beach Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6310 ADDENDUM No. 1 Tuesday, August 19, 2025 PWE 25-058R – Heating Ventilation, Air Conditioning Equipment, Products, Service and Repairs Closing Date: Tuesday, September 2, 2025 3:00 PM This addendum to the drawings, specifications, and/or contract documents is issued to provide additional information and clarification to the original Bid specifications and proposal form and is hereby declared a part of the original drawings, specifications and/or contract documents. In case of a conflict, this Addendum shall govern. Words in strike through type are deletions from existing text. Words in bold, underlined and/or red type are additions to existing text. PLEASE NOTE: THE CLOSING DATE FOR THIS PROJECT IS SEPTEMBER 2, 2025 AT 3:00PM. PLEASE NOTE: THE DATE FOR THE SITE VISIT IS TUESDAY AND WEDNESDAY, AUGUST 26TH AND 27TH BEGINNING AT 8:30 am IN CITY HALL. Question 1: While going through the list of equipment on the RFP I found a lot of discrepancies Example : • Intercostal Park States it has split systems & we only have 9 units. o Should be 10, Every AHU needs a condensing unit • Ezell Hester 607 Park Community Center o States it has 6 RTUs, 12 AHU & 2 CU o Where are the other 8 Condensing units • Fire Station 1 o States it only has 1 unit – A Trane CSAA017 o That is a chilled water AHU, Were is the chiller info • Woman’s Center o States it has 12 pieces of equipment o 7 CU & 5 AHUs, Does not match up either There are a couple other sites like this Can you have your team verify this information for me. Answer 1: Inter-Coastal Park - There are three split systems and one mini split system. Ezell Hester Park Community Center - There are three split systems and ten Roof Top Units (RTU's). Fire Station 1 - There is one water cooled air handler and two blower coil units. Women's Center - There are seven split systems and one mini split system. Question 2: Can you please provide brand of BMS Building Automation (Quarterly) Ezell Hester Park Community Center • Check all sensors for range and operation • Calibrate sensors as needed • Check all wiring and adjust as needed • Check all controllers for operation • Go over programming with onsite personnel • Check data trend for HV AC equipment • Check all set points and adjust as required • Check all pneumatic to electric switches for proper pressure. Answer: The brand for the BMS System is Trane Connect. Question 3: Will cooling towers be included in this RFP? Answer: There are six buildings that have 2 chilled water pumps each. There are twelve (12) chilled water pumps in total. The central energy plant may have condenser water pumps. Reach out to utilities for more information. Question 4: Can you please provide a more detailed equipment list including location (above ceiling, roof mounted, ground mounted), belt size and quantity and filter size and quantity? Answer: Section 2.9 City Equipment has the locations of each of the units listed as well as some belt and filter sizes. Any additional information can be readily obtained by researching the type of unit and model number as well as by participating in the site visit currently being scheduled. 608 Question 5: Please confirm we are to provide filters and replace them quarterly and provide belts and replace them annually? Answer: All filters shall be examined monthly and changed no less than quarterly. However, the Fire Stations and the Police Station filters shall be changed monthly. Belts shall be examined monthly for wear, deflection, cracking and/or any abnormalities and changed annually unless conditions dictate otherwise. Question 6: Can you please provide an ETA on timing for this so we all can be present with no scheduling conflict. Per last meeting the issues with RFQ are that materials needed are not correct, the equipment list is not correct, equipment access is not provided & actual scope of work is not provided. A maintenance contract and a service contract are nowhere the same while bidding. Answer: The site visit will be Tuesday and Wednesday, August 26th and 27th. Please see response to question # 1 for equipment update. Access to equipment, to the extent possible, will be made available during the site visit. Question 7: We would like to request a list of all belts & filters that each unit uses within The City of Boynton Beach, please include sizes & quantity. Answer: This information can be obtained from the site visit, and or equipment list. If there is something specific that is required please ask for it specifically if you are not able to make the site visit. All vendors are encouraged to attend the site visit to ask questions and obtain information. Question 8: Can you provide the name of the Building Automation system located at the Ezell Hester Park Community Center as the scope of work requires the awarded contractor to check sensors, check controllers, go over programming with onsite personnel, check set-points and adjust, etc..? Answer: Please see response to question # 2. Question 9: Can you provide a list of all VAV boxes that require annual inspections and the filter sizes for each vav box that require filter changes? 609 Answer: There are approximately 75 VAV boxes in City Hall however we do not have an actual count for the rest of the City buildings at the moment. That information will be forthcoming. The VAV boxes do not have filters. If you have any further questions or require additional clarification, please submit to the Purchasing representative through the Bidding System only by clicking on the “Submit a Question” button for this specific Solicitation. Sincerely, City of Boynton Beach Financial Services 610 The City of Boynton Beach Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6310 ADDENDUM No. 2 Wednesday, August 20, 2025 25-058R – Heating Ventilation, Air Conditioning Equipment, Products, Service and Repairs Closing Date: Tuesday, September 2, 2025 3:00 PM This addendum to the drawings, specifications, and/or contract documents is issued to provide additional information and clarification to the original Bid specifications and proposal form and is hereby declared a part of the original drawings, specifications and/or contract documents. In case of a conflict, this Addendum shall govern. Words in strike through type are deletions from existing text. Words in underlined type are additions to existing text. Reminder: THE DATE FOR THE SITE VISIT IS TUESDAY AND WEDNESDAY, AUGUST 26TH AND 27TH BEGINNING AT 8:30 AM IN CITY HALL. Please Note: The following changes have been made to Sections 7.2, 7.3 and 7.4 in the RFP Document 1. The following table has been removed from the RFP Document and from the Schedule of Prices in Bids and Tenders: 611 7.2 PREVENTATIVE MAINTENANCE FOR ALL LOCATIONS: REPAIRS INCLUDED ***Quarterly Prices will include all repairs throughout the term of the contract. Quarterly prices will be all inclusive and will include all labor, parts, travel, trip, delivery, supervision, tools, and equipment needed to complete all quarterly preventative maintenance inspections and repairs needed during the term of the contract. *** FACILITY QUARTERLY PRICE Intracoastal Park $ Ocean Front Concession Stand Ocean Front Lifeguard Building Police Department Public Works # 1 Public Works # 2 Public Works # 3 School House Museum Tennis Center The Links Golf Course Woman’s Club Boat Club-Bait & Tackle Boat Club Clubhouse Boynton Beach Memorial Park Little League Concession Stand City Hall Arts & Cultural Center 612 Ezell Hester Center Carolyn Sims Center Fire Station # 1 Fire Station # 2 Fire Station # 3 Fire Station # 4 Fire Station # 5 Utilities Administration Building East Water Treatment Plant West Water Treatment Plant Master Lift Station Three Million Gallon Tank Building QUARTERLY PRICE $ 2. The following change has been made to Section 7.3: 7.3 OPTIONAL PRICES – HOURLY REPAIR RATES – EMERGENCY HOURS The hourly rates proposed shall include full compensation for labor, equipment use, travel time, supervision, and any other related costs incurred by the successful proposer. Parts are not included in this rate. Please refer to Section 7.4 MATERIAL MARK-UP FROM CONTRACTOR’S COST. 3. The following change has been made to Section 7.4: 7.4 All costs for parts required for repair jobs and not otherwise included in the routine maintenance section of the specifications shall be billed at the Successful Proposer’s actual cost and will be passed on to the City without mark-up or any additional fees. Successful Proposer shall submit purchase receipt of parts along with the labor invoice for payment. 613 Successful Proposer shall be responsible for sourcing all parts necessary to complete the work requirements of each job specification. Replacement parts furnished must be of the same manufacturer or an equal product. All equipment and materials shall be commercial quality and grade and be from a regular product line. Prototype, obsolete, and residential quality/grade equipment shall not be specified or installed in any facilities. All parts must be OEM and match model numbers being replaced. All invoices submitted for these services must contain the hourly rate and material mark- up original price + the proposed percentage for auditing purposes. A revised RFP document with these changes has been uploaded to the documents section in Bids and Tenders. Questions: 1. Question: Will cooling towers be included in this RFP? Answer: There are 4 cooling towers at the Energy Plant that work in pairs of 2. The company that manufactures the towers is Tower Tech. Model: TTXR- 101950 Date of MFG: 03/05/2019 The cooling towers are no longer under warranty and are included in this RFP. 2. Question: In section 7.1 it shows that we need to provide a price on a quarterly maintenance. In section 7.2 it shows that we need to provide a price for preventative maintenance with repairs included. Please elaborate on how we are supposed to price out repairs if we do not know what repairs are needed. Answer: Section 7.2 has been removed from the RFP Document and from Bids and Tenders. The following change has been made to Sections 7.3: 7.3 OPTIONAL PRICES – HOURLY REPAIR RATES – EMERGENCY HOURS The hourly rates proposed shall include full compensation for labor, equipment use, travel time, supervision, and any other related costs incurred by the successful proposer. Parts are not included in this rate. Please refer to Section 7.4 MATERIAL MARK-UP FROM CONTRACTOR’S COST. The following change has been made to section 7.4: All costs for parts required for repair jobs and not otherwise included in the routine maintenance section of the specifications shall be billed at the Successful Proposer’s actual cost and will be passed on to the City without mark-up or any additional fees. Successful Proposer shall submit purchase receipt of parts along with the labor invoice for payment. Successful Proposer shall be responsible for sourcing all parts necessary to complete the work requirements of each job specification. Replacement parts furnished must be 614 of the same manufacturer or an equal product. All equipment and materials shall be commercial quality and grade and be from a regular product line. Prototype, obsolete, and residential quality/grade equipment shall not be specified or installed in any facilities. All parts must be OEM and match model numbers being replaced. All invoices submitted for these services must contain the hourly rate and material mark-up original price + the proposed percentage for auditing purposes. 3. Question: Per the last meeting, the issues with RFQ is that materials needed are not correct, equipment list is not correct, equipment access is not provided & actual scope of work is not provided. Answer: Please see the response to the first question listed for correction to equipment. Please see the reminder note on this addendum for date of Site Visit. Please note that the Scope of Work is outlined in detail in Section II - Scope of Work, pages 21 – 36. 4. Question: Can you provide belt sizes and quantities for each equipment that require belt replacement? Answer: Section 2.9 City Equipment has the locations of each of the units listed as well as some belt and filter sizes. Any additional information can be readily obtained by researching the type of unit and model number as well as by participating in the site visit. Please acknowledge Addendum No. 2 with your bid submittal at the following link: https://boynton-beach.bidsandtenders.net/Module/Tenders/en If you have any further questions or require additional clarification, please submit to the Purchasing representative through the Bidding System only by clicking on the “Submit a Question” button for this specific Solicitation. Sincerely, City of Boynton Beach Financial Services 615 25-058R Citywide HVAC Equipment, Maintenance, Products, Service, & Repairs Addendum No. 3 The City of Boynton Beach Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6310 ADDENDUM No. 3 Friday, August 22, 2025 25-058R – Heating Ventilation, Air Conditioning Equipment, Products, Service and Repairs Closing Date: Tuesday, September 2, 2025 3:00 PM This addendum to the drawings, specifications, and/or contract documents is issued to provide additional information and clarification to the original Bid specifications and proposal form and is hereby declared a part of the original drawings, specifications and/or contract documents. In case of a conflict, this Addendum shall govern. Words in strike through type are deletions from existing text. Words in underlined type are additions to existing text. The following qualification has been added to Section II – Scope of Work that was inadvertently excluded in Addendum #2. 2.6 REQUIRED QUALIFCATIONS AND SAFETY 8. Able to perform tower cleaning annually for DES. Please acknowledge Addendum No. 3 with your bid submittal at the following link: 616 25-058R Citywide HVAC Equipment, Maintenance, Products, Service, & Repairs Addendum No. 3 https://boynton-beach.bidsandtenders.net/Module/Tenders/en If you have any further questions or require additional clarification, please submit to the Purchasing representative through the Bidding System only by clicking on the “Submit a Question” button for this specific Solicitation. Sincerely, City of Boynton Beach Financial Services 617 25-058R HVAC Equipment, Maintenance, Products, Service and Repairs Addendum No. 4 The City of Boynton Beach Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6310 ADDENDUM No. 4 Thursday, August 28, 2025 25-058R – Heating Ventilation, Air Conditioning Equipment, Products, Service and Repairs Closing Date: Thursday, September 4, 2025 3:00 PM This addendum to the drawings, specifications, and/or contract documents is issued to provide additional information and clarification to the original Bid specifications and proposal form and is hereby declared a part of the original drawings, specifications and/or contract documents. In case of a conflict, this Addendum shall govern. Words in strike through type are deletions from existing text. Words in underlined type are additions to existing text. PLEASE NOTE: THE DUE DATE HAS BEEN EXTENDED TO THURSDAY, SEPTEMBER 4, 2025 @ 3:00 PM. Please note the following changes: • Sara Sims Park (Cemetery) and the District Energy Services were inadvertently left off the ‘Preventative Maintenance For All Locations price schedule. Both locations have been added. • Fire Stations 1 – 5 and the Police Station have been moved to a new price schedule - ‘Preventative Maintenance for Fire Stations & Police Station’ with maintenance to be completed monthly. 618 25-058R HVAC Equipment, Maintenance, Products, Service and Repairs Addendum No. 4 • An new price schedule has been added for the ‘Annual Cleaning of The District Energy Services’ (Coolers). The address is 211 N.E. 1st Avenue, Boynton Beach, 33435. Please acknowledge Addendum No. 4 with your bid submittal at the following link: https://boynton-beach.bidsandtenders.net/Module/Tenders/en If you have any further questions or require additional clarification, please submit to the Purchasing representative through the Bidding System only by clicking on the “Submit a Question” button for this specific Solicitation. Sincerely, City of Boynton Beach Financial Services 619 25-058R HVAC Equipment, Maintenance, Products, Service and Repairs Addendum No. 5 The City of Boynton Beach Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6310 ADDENDUM No. 5 Wednesday, September 3, 2025 25-058R – Heating Ventilation, Air Conditioning Equipment, Products, Service and Repairs Closing Date: Monday, September 8, 2025 3:00 PM This addendum to the drawings, specifications, and/or contract documents is issued to provide additional information and clarification to the original Bid specifications and proposal form and is hereby declared a part of the original drawings, specifications and/or contract documents. In case of a conflict, this Addendum shall govern. Words in strike through type are deletions from existing text. Words in underlined type are additions to existing text. PLEASE NOTE: THE DUE DATE FOR THIS PROJECT HAS BEEN CHANGED TO SEPTEMBER 8, 2025, AT 3:00 PM. PLEASE NOTE: THE PRICE SCHEDULES HAVE BEEN MODIFIED TO INCLUDE THE CHANGES BELOW: PLEASE NOTE THE FOLLOWING ADDITIONS TO SECTION 2.11 CITY EQUIPMENT: 620 25-058R HVAC Equipment, Maintenance, Products, Service and Repairs Addendum No. 5 District Energy Services Cooling Tower CT-1 – Tower Tech Model: TTXR-101950 / Serial No: 2019-026-01 / Date of MFG: 04-30-2019. Serial No: 2019-012-01 Date of MFG: 03-05-2019 Cooling Tower CT-2 - Tower Tech Model: TTXR-101950 / Serial No: 2019-012-02 / Date of MFG: 03-052019 Serial No: 2019-026-02 / Date: 04-30-2019 CHILLER-1 Model: CVHF1470 / Serial No: L19E02060 Date of MFG: 06-05-2019 CHILLER-2 Model: CVHF1470 / Serial No: L19D01996 Date of MFG: 06-05-2019 CHILLER-3 Model: HDWA400 / Serial No: L20J03501 Date of MFG: 02-12-2020 Please note the following additions to Section 2.12 INSPECTION SCHEDULE PREVENTATIVE MAINTENANCE: COOLING TOWERS: Component Maintenance Frequency Action To Be Taken Shell Surfaces* Annually Visual Inspection Drift Eliminators* Annually Visual Inspection Fill Media Annually Visual Inspection Fan Motors Annually*** Amp/Volt Check Fan Motors* Semi Annual Visual Inspection Spin Free Nozzles Semi Annual Visual Inspection Fan Guards* Monthly Visual Inspection Fan Blade Clearance* Monthly**** Visual Inspection Fan Motors** Monthly** Turn On Briefly Mechanical Float Valve* Quarterly Visual Inspection Sump Screen* Monthly Visual Inspection Immersion Basin Heater N/A N/A Water Collection System* Semi Annual Visual Inspection **The Cooling Towers are Direct Drive and each cell has 10 motors for a total of 40 motors. 621 25-058R HVAC Equipment, Maintenance, Products, Service and Repairs Addendum No. 5 Note: * Items completed during a single walk around & under tower module, at specified intervals. Inspection time is expected to be completed in less than five minutes per tower module. ** Required only if tower is not operated regularly for an extended period of time. *** Required only if motor has tripped more than 3 times within any 30-day period. **** After installation of replacement Fan Assembly. WATER COOLED CHILLERS: Tonnage for chillers 1, 2, and 3 are 1500lbs, 1500lbs and 400 lbs, respectively. Chillers one and two are not in operation. Annual maintenance is performed on one and two according to manufacturers’ recommendation. SCOPE FOR CHILLER 3 Quarterly • Visual Inspection on all equipment to determine accurate range of operation. SEMI - ANNUAL Standard Storage Maintenance Procedure: • Remove holding nitrogen charge • Remove thrust bearing inspection cover • Start oil pump using auxiliary power • Manually rotate the compressor shaft 450 degrees (1.25 turns) • Re-seal the compressor • Re-evacuate the chiller correctly • Re-install a 5 psi dry nitrogen holding charge Annual • Perform fluid pH test • Leak detection inspection • Inspect safety controls, electrical components and UPS • Inspect all piping components. • Clean in-line strainers • Inspect vent piping for all relief valves for presence of refrigerant • Inspect and clean the condenser tubes for fouling • Visually inspect water box hinges 36 Months • Do a tube test. Use a nondestructive tube test to inspect the condenser and evaporator tubes. 622 25-058R HVAC Equipment, Maintenance, Products, Service and Repairs Addendum No. 5 60 Months • Drain and replace the drive cooling fluid and replace the fluid strainer when servicing the fluid. 120 Months • Replace battery. ************************************************************************************************************* General Information: Please use Optional Tab in the documents upload section to add any extra technician certification or licensing information or any other RELEVANT documentation that you would like to submit to support the proposal. Please acknowledge Addendum No. 5 with your bid submittal at the following link: https://boynton-beach.bidsandtenders.net/Module/Tenders/en If you have any further questions or require additional clarification, please submit to the Purchasing representative through the Bidding System only by clicking on the “Submit a Question” button for this specific Solicitation. Sincerely, City of Boynton Beach Financial Services 623 25-058R HVAC Equipment, Maintenance, Products, Service and Repairs Addendum No. 5 The City of Boynton Beach Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6310 ADDENDUM No. 6 Friday, September 5, 2025 25-058R – Heating Ventilation, Air Conditioning Equipment, Products, Service and Repairs Closing Date: Monday, September 8, 2025 3:00 PM This addendum to the drawings, specifications, and/or contract documents is issued to provide additional information and clarification to the original Bid specifications and proposal form and is hereby declared a part of the original drawings, specifications and/or contract documents. In case of a conflict, this Addendum shall govern. Words in strike through type are deletions from existing text. Words in underlined type are additions to existing text. PLEASE NOTE: THE PRICE SCHEDULES HAVE BEEN MODIFIED TO INCLUDE THE CHANGES BELOW: A Price Schedule for Monthly Maintenance for District Energy Services – Cooling Tower has been added. The Price Schedule for Quarterly Maintenance – District Energy Services has been more clearly defined to include Cooling Towers, Pumps and Chillers. Please note that RFP 25-058R Citywide Heating, Ventilation & Air Conditioning Equipment, Maintenance, Products, Services and Repairs R-3 has been uploaded to the Document Upload Section. 624 25-058R HVAC Equipment, Maintenance, Products, Service and Repairs Addendum No. 5 Please acknowledge Addendum No. 5 with your bid submittal at the following link: https://boynton-beach.bidsandtenders.net/Module/Tenders/en If you have any further questions or require additional clarification, please submit to the Purchasing representative through the Bidding System only by clicking on the “Submit a Question” button for this specific Solicitation. Sincerely, City of Boynton Beach Financial Services 625 25-058R - CITYWIDE HEATING, VENTILATION, & AIR CONDITIONING EQUIPMENT, MAINTENANCE, PRODUCTS, SERVICES AND REPAIRS Opening Date: July 18, 2025 5:30 PM Closing Date: September 8, 2025 3:00 PM Vendor Details Company Name:SHAMTEC INC Does your company conduct business under any other name? If yes, please state: FLORIDA Address: 13963 67 STREET N WEST PALM BEACH, FLORIDA 33412 Contact:SHAMEER MOHAMED Email:shamtec@yahoo.com Phone:561-352-4208 Fax:561-352-4208 HST#:651275764 Submission Details Created On:Monday August 11, 2025 09:30:24 Submitted On:Sunday September 07, 2025 09:51:08 Submitted By:SHAMEER MOHAMED Email:shamtec@yahoo.com Transaction #:be82ebd7-d006-4329-b5a1-527353dc4e4e Submitter's IP Address:147.243.243.77 Bid Number: 25-058R Vendor Name: SHAMTEC INC626 Confirmation of Minority Owned Business A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form to make it an official part of with your Proposal responses. We will not be submitting for Confirmation of Minority Owned Business Description Response *Comments Is your company a Minority Owned business? Yes Please select the appropriate response Other Do you possess a certification qualifying your business as a Minority Owned business? Yes Issuing organization name Input response in comments box to the right Small/Minority Business Enterprise (S/MBE) * Date of Issuance Input response in comments box to the right March 22,2022 * Letter of Interest The Letter of Interest shall summarizes the Proposer’s primary qualifications and a firm commitment to provide the proposed services. Line Item Description Response * 1 The Letter of Interest shall summarizes the Proposer’s primary qualifications and a firm commitment to provide the proposed services. Attached Local Business Status Certification I am an authorized representative of the business and, on behalf of the Business, request that it be deemed to be a local business for purposes of the City of Boynton Beach Local Preference Program. Answering yes to Question 1 and Question 2 below will qualify the business as a local business. In support of this request, I certify the following to be true and correct: I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also agree that the business is required to notify the City in writing should it cease to qualify as a local business. By checking the box that you are not submitting for "Local Business Status Certification" you declare that you are not a local business in the City of Boynton Beach. We will not be submitting for Local Business Status Certification Is the business located within the City limits of Boynton Beach, Florida? * Does the business have a business tax receipt issued in the current year? * Is the business registered with the Florida Division of Corporations? * Number of years in business *Business license number * Yes No Yes No Yes No 19 CAC1815132 Bid Number: 25-058R Vendor Name: SHAMTEC INC627 OFFEROR'S QUALIFICATION STATEMENT Line Item Description Response * 1 How many years has your organization been in business under its present name? 19 2 If Vendor is operating under Fictitious Name, submit evidence of compliance with Florida Fictitious Name Statute. NO 3 Under what former name (s) had your business operated? Also list former address(es) of that business, if any. NONE 4 Have you ever been disbarred or suspended from doing business with any governmental entity? If Yes, explain. NO 5 Are you licensed? If Yes, attach copy of license to submission package. ATTACHED 6 Has your company ever declared bankruptcy? If Yes, explain. NO 7 If Proposer is a corporation, answer the following: date and state of incorporation, president and vice president's name, name Registered Agent, and date of organization: 04-20-2006 8 If Proposer is other than an individual, corporation, or partnership, describe the organization and give the name and address of principals: NO 9 What will be your turn a round time for written responses to City inquiries? UPON REQUEST 10 List the pertinent experience of the key individuals of your organization (continue on additional sheet of paper, if necessary) ATTACHED 11 State the name of the individual who will have personal supervision of the work: Shameer Mohamed SCRUTINIZED COMPANIES DETERMINATION By submission of this qualification package and if selected by the City as the CONSULTANT, execution of this Agreement, in accordance with the requirements of F.S. 287.135 and F.S. 215.473, CONSULTANT, certifies that CONSULTANT is not participating in a boycott of Israel. CONSULTANT further certifies that CONSULTANT 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, nor has CONTRACTOR been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the CITY will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The CITY shall provide notice, in writing, to the CONSULTANT of the CITY’s determination concerning the false certification. CONSULTANT 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, CONSULTANT 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 CONSULTANT does not demonstrate that the City's determination of false certification was made in error, then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. Line Item Description Response * 1 I Hereby Acknowledge the Scrutinized Companies - Florida Statute 287.135 and 215.473 Information Above and Will Abide by Everything Outlined in this Section. Yes No Bid Number: 25-058R Vendor Name: SHAMTEC INC628 E-VERIFY As a condition precedent to entering into this Agreement, and in compliance with Section 448.095, Fla. Stat., Contractor and its subcontractors shall register with and use the E-Verify system to verify work authorization status of all employees hired after January 1, 2021. Contractor shall require each of its subcontractors to provide Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Contractor shall maintain a copy of the subcontractor’s affidavit as part of and pursuant to the records retention requirements of this Agreement. City, Contractor, or any subcontractor/subconsultant who has a good faith belief that a person or entity with which it is contracting has knowingly violated Section 448.09(1), Fla. Stat. or the provisions of this section shall terminate the contract with the person or entity. City, upon good faith belief that a subcontractor knowingly violated the provisions of this section; but Contractor otherwise complied, shall promptly notify Contractor and Contractor shall immediately terminate the contract with the subcontractor. An agreement or contract terminated under the provisions of this section is not a breach of contract and may not be considered such. Any agreement or contract termination under the provisions of this section may be challenged pursuant to Section 448.095(2)(d), Fla. Stat. Contractor acknowledges that upon termination of this Agreement by the City for a violation of this section by Contractor, Contractor may not be awarded a public contract for at least one (1) year. Contractor further acknowledges that Contractor is liable for any additional costs incurred by the City as a result of termination of any contract for a violation of this section. Contractor or subcontractor shall insert in any subcontracts the clauses set forth in this section; requiring the subcontractors to include these clauses in any lower tier subcontracts. Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this section. Line Item Description Response * 1 I Hereby Acknowledge the E-VERIFY Information Above and Will Abide By Everything in this Section. Yes No PALM BEACH COUNTY INSPECTOR GENERAL The Proposer if awarded, 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 resulting from this solicitation and, in furtherance thereof, may demand and obtain records and testimony from the Contractor and its sub-contractor and lower-tier sub-contractors. The Contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Contractors or its sub-contractors or lower-tier sub-contractors to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this Agreement justifying its termination. Line Item Description Response * 1 I Hereby Acknowledge the Palm Beach County Inspector General Information Above and Will Abide by Everything in this Section. Yes CERTIFICATION We (I), the undersigned, hereby agree to furnish the item(s)/service(s) described in the Invitation to Bid. We (I) certify that we (I) have read the entire document, including the Specifications, Additional Requirements, Supplemental Attachments, Instructions to Bidders, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Invitation to Bid. Line Item Description Response *Options 1 Company Name Shamtec Inc 2 Address 13963 67th Street North West Palm Beach Florida 3 Telephone 561-352-4208 4 City West Palm Beach 5 State Florida 6 Zip Code 33412 7 Contractor's License Number CAC1815132 8 Federal Tax ID Number 651275764 9 Email address for above signer Shamtec@yahoo.com 10 Indicate which type of organization from the list in the Options Column S Corp.Corporation Bid Number: 25-058R Vendor Name: SHAMTEC INC629 VENDOR DRUG FREE WORKPLACE Preference may be given to vendors submitting a certification with their bid/proposal certifying they have a drug-free workplace in accordance with Section 287.087, Florida Statutes. This requirement affects all public entities of the State and becomes effective January 1, 1991. The special condition is as follows: IDENTICAL TIE BIDS - Preference may be given to businesses with drug-free workplace programs. Whenever two or more bids that are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 1. Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 2. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 3. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after each conviction. 4. Impose a section on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 5. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this form complies fully with the above requirements. Line Item Description Response * 1 I Hereby Acknowledge the Drug Free Information Above and Will Abide by Everything in this Section. Yes References 1. References – Past Performance Provide a list of three (3) governmental agency references or similar contracts for which the Proposer has completed or is in progress within the past ten (10) years with the following information: 2. Name of Agency 3. Address 4. Contact Name, Email Address 5. Telephone Number 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 may 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. Description Reference 1 - Completed or In Progress *Reference 2 - Completed or In Progress *Reference 3 - Completed or In Progress * Company Name Palm Beach County Fire Rescue City of Weston Palm Beach County Address 2601 Vista Parkway West Palm Beach, FL 33411 20200 Saddle Club Road Weston, Florida 33327 2633 Vista Parkway West Palm Beach, FL 33411 Contact Name John Molina Francisco Lopez Fred Hertzer Phone 561-723-4019 305-636-9522 954-461-1866 Email jmolina@pbc.gov flopez@westonfl.org fhertzer@pbcgov.org Bid Number: 25-058R Vendor Name: SHAMTEC INC630 Subcontractors The Bidder shall state all Subcontractor(s) and type of Work proposed to be used for this project. Bidders shall not indicate “TBD” (To Be Determined) or “TBA” (To Be Announced) or similar wording and shall not indicate multiple choices of Subcontractor names for any Subcontractor category in their list of Subcontractors. Schedule of Sub-Consultants The Undersigned Respondent proposes the following major subcontractors for the major areas of work for the Project. The Respondent is further notified that all sub-contractors shall be properly licensed, bondable and shall be required to furnish the City with a Certificate of Insurance in accordance with the contract general conditions. This page may be reproduced for listing additional sub-contractors, if required. If not applicable or if no-subconsultants will be used in the performance of this Work, write “Not-Applicable” or “NONE” across the form. By clicking here I confirm that there are no Subcontractor(s)/Subconsultant(s) and the Bidder shall perform the project with their “OWN FORCES”. Line Item Name of Sub-Consultant *Address of Sub-Consultant *License No. *Contract Amount *Percentage (%) of Contract * 1 Documents Ensure your submission document(s) conforms to the following: Documents should NOT have a security password, as City of Boynton Beach may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by City of Boynton Beach. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as “Marketing Plan.” If the attached file(s) cannot be opened or viewed, your Bid Call Document may be rejected. Proposer’s Qualifications - qUALIFICATION statement (2).pdf - Wednesday September 03, 2025 15:24:57 Non-collusion Affidavit and Acknowledgement - scan - 2025-09-03T152712.333.pdf - Wednesday September 03, 2025 15:27:24 E-Verify Form Under Section 448.095 - scan - 2025-09-03T152734.467.pdf - Wednesday September 03, 2025 15:27:43 Certification Pursuant to Florida Statute § 287.135 - 287.135.pdf - Wednesday September 03, 2025 15:21:06 Anti-Kickback Affidavit - antikickback.pdf - Wednesday September 03, 2025 15:21:19 Affidavits of Compliance with Foreign Entity Laws & Anti Human Trafficking Laws - human trafficing.pdf - Wednesday September 03, 2025 15:28:05 Proof of State Certified License - walletlicense3177412.pdf - Wednesday September 03, 2025 15:31:27 Certificate of Insurance - Please see new insurance requirements. - COI (2).pdf - Wednesday September 03, 2025 15:21:33 Form W-9 - scan - 2025-09-03T160202.521.pdf - Wednesday September 03, 2025 16:02:14 Additional Document - boynton beach hvac bid doc.pdf - Sunday September 07, 2025 09:50:27 Bid Number: 25-058R Vendor Name: SHAMTEC INC631 Addenda & Declarations 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. The term “vendor,” as used below, may collectively apply to vendors, bidders, proposers, consultants, contractors, subcontractors, and subconsultants. 5.1 FAMILIARITY AND COMPLIANCE WITH LAWS, CODES AND REGULATIONS: Before submitting a proposal to this RFP, proposers 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. Proposers 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 Proposer shall not be a cause for relief from responsibility. 5.2 NON-COLLUSION Proposer shall not collude, conspire, connive, or agree, directly or indirectly, with any other proposer, 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 a person to fix the price or prices in the proposal submission form or of any other proposer, or to fix any overhead profit, or cost elements of the proposal price of any other responder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against any other proposer, or any person interested in the proposed work. The proposer 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 Proposers 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 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 proposal in this solicitation. If additional quantities are not acceptable, the price proposal 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: Proposer shall comply with all 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 Proposer will in no way be a cause for relief from responsibility. 5.8 ON PUBLIC ENTITY CRIMES All Request for Proposals 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 proposal on a contract or provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, vendor, or consultant under a contract with any public entity, and may Bid Number: 25-058R Vendor Name: SHAMTEC INC632 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 AND HEALTH: The Proposer certifies that all material, equipment, etc., contained in this proposal meets all O.S.H.A. requirements. Proposer 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 Proposer. Proposer 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 Proposer 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 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 justifying its termination. 5.13 OTHER AGENCIES Any Agreement(s) resulting from this RFP and from this submitted proposal may, upon mutual agreement, permit any municipality or other governmental agency to participate in the Agreement 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 Proposer(s). 5.14 VENUE AND GOVERNING LAW: Any and all legal actions arising from or necessary to enforce this solicitation and resulting Agreement will be held exclusively in Palm Beach County and shall be interpreted according to the laws of Florida. 5.15 NON-DISCRIMINATION & EQUAL OPPORTUNITY EMPLOYMENT The City is committed to assuring equal opportunity in awarding orders/contracts and complies with all laws prohibiting discrimination. During the performance of the Agreement, 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. 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. 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. The Consultant and its sub-consultants shall agree to post in conspicuous places, available to its employees and applicants for Bid Number: 25-058R Vendor Name: SHAMTEC INC633 employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 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. 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 CONTRACTOR RELATIONSHIP: The Proposer and, if awarded Consultant, is, and shall be, in the performance of all work, services, and activities under this solicitation and the resulting Agreement, an independent Contractor and not an employee or agent of the City. All persons engaged in any of the work or services performed pursuant to the Agreement 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 contractor 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 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, or other response and shall remain in effect until the City Commission awards or approves a contract, rejects all responses, or otherwise takes action that ends the solicitation process. While the cone of silence is in effect, no Proposer or its agent shall directly or indirectly communicate with any member of 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 Proposer. Further, any contract entered into in violation of the cone of silence shall render the transaction voidable. The cone of silence shall not apply to oral communications at any public proceeding, including pre-proposal 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 Proposer for any legal fees, court costs, or other legal expenses arising from the interpretation or enforcement of the Agreement, or any other matter generated by or relating to the Agreement. 5.20 NO THIRD-PARTY BENEFICIARIES: No provision of this RFP 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 Proposer. 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: Bid Number: 25-058R Vendor Name: SHAMTEC INC634 Any amount of, at the time bidding on, submitting a bid for, or entering into or renewing such Agreement, 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 contract pursuant to the City’s Procurement Policy, provided the State of Florida 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 agreements for goods and services falling within the scope of this solicitation and resultant Agreement when the specifications differ from this solicitation or resultant Agreement, or for goods and services specified in this solicitation when the scope substantially differs from this solicitation or resultant Agreement. 5.25 BUSINESS INFORMATION If a proposing firm is a Joint Venture for the goods/services described herein, the Proposer shall, upon request of the City, provide a copy of the Joint Venture Agreement signed by all parties. 5.26 AGREEMENT Proposer agrees that by submitting a proposal that is accepted by the City of Boynton Beach, a binding Agreement 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 Proposer. The Proposer certifies that the proposal has been made by an officer or employee having the authority to bind the Proposer. 5.27 ENDORSEMENTS No endorsements by the City of the goods and/or services will be used by the Proposer in any way, manner, or form. 5.27 DRUG-FREE WORKPLACE The Consultant shall implement and maintain a drug-free workplace program of at least the following items: 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. A. Inform employees about the dangers of drug abuse in the workplace, the Proposer'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. B. Give each employee engaged in providing the services that are under contract a copy of the statement specified in Item A above. C. In the statement specified in Item A above, notify the employees that, as a condition of providing the services that are under contract, the employee will abide by the terms of the statement and will notify the Proposer 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. D. 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. E. 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 Bid Number: 25-058R Vendor Name: SHAMTEC INC635 Proposer represents and certifies that Proposer 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. Proposer represents and certifies that Proposer 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 Proposers 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 Proposer's social, political, or ideological interests when determining if the Proposer is a responsible Consultant. Proposers are further notified that the City's governing body may not give preference to a Proposer based on the Proposer'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 Proposer 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 are exempt from public records disclosure until thirty (30) calendar days after the opening of the RFP unless the City announces intent to award sooner, in accordance with Florida Statutes 119.071. 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 which have been created as a part of the vendor's services or authorized by the City as a reimbursable 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, 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 Proposer believes to be confidential and exempt from disclosure (i.e., a trade secret or as provided for in Section 119.07, Chapter 688, 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 Agreement, 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 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 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. 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 AGREEMENT, CONTACT THE CUSTODIAN OF Bid Number: 25-058R Vendor Name: SHAMTEC INC636 PUBLIC RECORDS: CITY CLERK’S OFFICE 100 EAST OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6060 CityClerk@bbfl.us 5.34 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. Bid Number: 25-058R Vendor Name: SHAMTEC INC637 THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK I/We have the authority to bind the Company and submit this Bid on behalf of the Bidder. - Shameer Mohamed, Director, shamtec inc The bidder shall declare any potential or actual conflict of interest that could arise from Bidding on this Bid. Do you have a conflict of interest? Yes No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document Please check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda. File Name I have reviewed the below addendum and attachments (if applicable) Pages 25-058R – Heating Ventilation, Air Conditioning Equipment, Products, Service and Repairs - Addendum No. 6 Fri September 5 2025 06:03 PM 2 25-058R – Heating Ventilation, Air Conditioning Equipment, Products, Service and Repairs - Addendum No. 5 Thu September 4 2025 01:29 PM 4 25-058R - Heating Ventilation, Air Conditioning Equipment, Service and Repairs Sun August 31 2025 11:14 PM 2 25-058R - Heating Ventilation, Air Conditioning, Equipment, Products, Service and Repairs Fri August 22 2025 09:54 AM 2 25-058R – Heating Ventilation, Air Conditioning Equipment, Products, Service and Repairs Thu August 21 2025 05:15 PM 7 25-058R – Heating Ventilation, Air Conditioning Equipment, Products, Service and Repairs Tue August 19 2025 01:27 PM 4 Bid Number: 25-058R Vendor Name: SHAMTEC INC638 Bid Number: 25-058R Vendor Name: SHAMTEC INC639 640 641 642 643 644 645 646 647 648 649 650 651 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CAC1815132 EXPIRATION DATE: AUGUST 31, 2026 ISSUED: 07/29/2024 CERTIFIED AIR COND CONTR MOHAMED, SHAMEER HOSSEIN SHAMTEC INC LICENSED UNDER CHAPTER 489, FLORIDA STATUTES Signature STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION 2601 BLAIR STONE ROAD TALLAHASSEE FL 32399-0783 Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida’s economy strong. Every day we work to improve the way we do business in order to serve you better. For information about our services, please log onto www.myfloridalicense.com. There you can find more information about our divisions and the regulations that impact you, subscribe to department newsletters and learn more about the Department’s initiatives. Our mission at the Department is: License Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new license! Ron DeSantis, Governor Melanie S. Griffin, Secretary LICENSE NUMBER: CAC1815132 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD THE CLASS A AIR CONDITIONING CONTRACTOR HEREIN IS CERTIFIED UNDER THE PROVISIONS OF CHAPTER 489, FLORIDA STATUTES MOHAMED, SHAMEER HOSSEIN SHAMTEC INC WEST PALM BEACH FL 33412 EXPIRATION DATE: AUGUST 31, 2026 13963 67TH ST N Always verify licenses online at MyFloridaLicense.com This is your license. It is unlawful for anyone other than the licensee to use this document. ISSUED: 07/29/2024 Do not alter this document in any form. 652 653 654 655 656 657 658 659 660 661 662 663 664 665 666 667 668 669 670 671 672 673 674 675 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-MAIL ADDRESS: 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 ER OTH- STATUTE PER LIMITS(MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) POLICY EFF POLICY NUMBERTYPE OF INSURANCELTR INSR 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 10/24/2025 Automatic Data Processing Insurance Agency, Inc. 1 Adp Boulevard Roseland NJ 07068 Automatic Data Processing Insurance Agency, Inc. 1-800-524-7024 SHAMTEC INC 13963 67TH ST N WEST PALM BEACH FL 334121959 Markel Insurance Company 38970 4620761 A N N MWC0213097-03 05/05/2025 05/05/2026 1,000,000 1,000,000 1,000,000 Contractor License: CAC 1815132 Job Reference: AC SERVICE City of Boynton Beach, Att. Risk Management 100 E Ocean Ave. Boynton Beach FL 33435 676 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD Amanda J Cartwright SHAMT-1 OP ID: AC 10/24/2025 Amanda Cartwright Albertz Insurance Agency 2324 S Congress Ave 2GB West Palm Beach, FL 33406 Amanda J Cartwright 561-721-2700 561-721-2070 acartwright@albertzinsurance.com Scottsdale Insurance Company Progressive Shamtec Inc. 13963 67th ST N West Palm Beach, FL 33412 A X 1,000,000 X CPS8231184 06/16/2025 06/16/2026 100,000 50,000 1,000,000 2,000,000 X 2,000,000 1,000,000B 972626201 09/06/2025 09/06/2026 X X SHAMEER H MOHAMED General Contractor License: CGC-1515214 Plumbing Contractor License: CFC-1427785 Air Conditioning Contractor License: CAC-1815132 BOYNTON City of Boynton Beach ATTN: Risk Management 100 E Ocean Ave Boynton Beach, FL 33435 561-721-2700 41297 677 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD Amanda J Cartwright SHAMT-1 OP ID: AC 10/30/2025 Amanda Cartwright Albertz Insurance Agency 2324 S Congress Ave 2GB West Palm Beach, FL 33406 Amanda J Cartwright 561-721-2700 561-721-2070 acartwright@albertzinsurance.com Scottsdale Insurance Company Progressive Shamtec Inc. 13963 67th ST N West Palm Beach, FL 33412 A X 1,000,000 X CPS8231184 06/16/2025 06/16/2026 100,000 50,000 1,000,000 3,000,000 X 2,000,000 1,000,000B 972626201 09/06/2025 09/06/2026 X X SHAMEER H MOHAMED General Contractor License: CGC-1515214 Plumbing Contractor License: CFC-1427785 Air Conditioning Contractor License: CAC-1815132 BOYNTON City of Boynton Beach ATTN: Risk Management 100 E Ocean Ave Boynton Beach, FL 33435 561-721-2700 41297 678 City of Boynton Beach Agenda Item Request Form 8.A Public Hearing 6 P.M. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 11/ 4/2025 Meeting Date: 11/ 4/2025 Proposed Ordinance No. 25-018- Second 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 approval of Proposed Ordinance No. 25-018, on Second 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: Ord 25-018 Prohibit_stopping_standing_parking_in_specific_places.docx business-impact-estimate-3536-2025.docx 679 ORDINANCE NO. 25-018 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: 21 680 ORDINANCE NO. 25-018 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 (4) No vehicle can be stored on the public right-of-way. A vehicle shall be 24 considered stored, as opposed to parked, when the vehicle is not operated and moved, for a 25 minimum of one-half (½) hour, at least once during a thirty-six (36) hour period. No person 26 shall at any time stop, stand, park, or allow to be parked a vehicle on public right-of-way, a 27 public or private yard, swale, or easement adjacent to a paved or unpaved road or street. This 28 provision shall not apply during an "open house" or other special or social event in areas where 29 temporary parking is permitted by the host or neighbors and is parked in a manner that does 30 not obstruct traffic flow. 31 a. Temporary parking of vehicles in a yard is permitted for social or other events 32 held at a residence, provided such parking shall not exceed eight (8) hours in a 33 twenty-four (24) hour period. 34 b. The foregoing exception does not apply to short-term rentals. 35 (5) No vehicle can be parked or stored on the public right-of-way for any period 36 of time unless the front, rear, and side reflectors and the license plate are visible; and except 37 where adequate provision for motor vehicles has been provided by marked spaces or where 38 signs clearly indicating that vehicle parking is permitted have been posted at such locations. 39 (6) Stand or park a vehicle, whether occupied or not, in a designated parking space 40 on or along any street, roadway, or right-of-way under the jurisdiction of the Florida 41 Department of Transportation in contravention toof the parking restrictions set forth in any 42 general use permit issued to the City by the Florida Department of Transportation. A general 43 use permit authorizes the City to restrict the hours of continuous parking along a designated 44 street, roadway, or right-of-way, and to install and maintain signage specifying the continuous 45 parking restriction, the hours induring which the restriction is applicable, and the street, 46 roadway, or right-of-way on which the restriction is applicable. Signage in accordance with 47 this section and the general use permit shall be conspicuously posted, identifying the 48 restricted parking zone and the hours in which the restricted parking is applicable. 49 *** 50 Section 3. It is the intention of the City Commission of the City of Boynton Beach, 51 and it is hereby ordained that the provisions of this Ordinance shall become and be made a 52 681 ORDINANCE NO. 25-018 Page 3 of 4 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. part of the Code and Ordinances of the City of Boynton Beach, Florida, and that Sections of 53 this Ordinance may be renumbered, re-lettered and the word “Ordinance” may be changed 54 to “Section,” “Article,” or such other word or phrase in order to accomplish such intention. 55 Section 4. This Ordinance shall take effect immediately upon passage. 56 57 58 59 [SIGNATURES ON THE FOLLOWING PAGE] 60 61 682 ORDINANCE NO. 25-018 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. 62 SECOND, FINAL READING AND PASSAGE this _____ day of ___________________, 63 2025. 64 65 CITY OF BOYNTON BEACH, FLORIDA 66 YES NO 67 Mayor – Rebecca Shelton _____ _____ 68 69 Vice Mayor – Woodrow L. Hay _____ _____ 70 71 Commissioner – Angela Cruz _____ _____ 72 73 Commissioner – Thomas Turkin _____ _____ 74 75 Commissioner – Aimee Kelley _____ _____ 76 77 VOTE ______ 78 ATTEST: 79 80 _____________________________ ______________________________ 81 Maylee De Jesús, MPA, MMC Rebecca Shelton 82 City Clerk Mayor 83 84 APPROVED AS TO FORM: 85 (Corporate Seal) 86 87 _______________________________ 88 Shawna G. Lamb 89 City Attorney 90 683 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. 684 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. 685 City of Boynton Beach Agenda Item Request Form 8.B Public Hearing 6 P.M. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 11/ 4/2025 Meeting Date: 11/ 4/2025 Proposed Ordinance No. 25-034- Second 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. Requested Action: Staff recommends approval of Proposed Ordinance No. 25-034, on second reading. Explanation of Request: The proposed amendment establishes a phased implementation schedule for the City’s Mobility Fee to ease the transition for the development community and encourage early compliance. Rather than assessing the full fee immediately upon adoption, the amendment introduces a three-year discount period that gradually decreases over time. Under the proposed structure, developments issued permits between October 1, 2025, and September 30, 2026, would receive a 15% discount on the total calculated Mobility Fee. The discount would then decrease to 10% for the following year (October 1, 2026 – September 30, 2027) and to 5% during the third year (October 1, 2027 – September 30, 2028). Beginning October 1, 2028, the full Mobility Fee would apply with no discount. The amendment also includes a provision addressing potential State-mandated discounts or credits. If the State of Florida enacts legislation requiring any reduction in mobility fee assessments, the City’s discount will be adjusted accordingly so that the total combined discount does not exceed the percentages outlined in the phased schedule. Additionally, the amendment clarifies the calculation methodology for multi-family residential developments. The total square footage for multi-family uses will be based on the habitable area of dwelling units and excludes common areas, lobbies, leasing offices, and residential amenities not accessible to the public. This phased approach is consistent with the implementation strategy used for the City’s updated Parks and Recreation Impact Fees, which went into effect in 2024 and provided a 686 similar transition period for the development community. Overall, this amendment balances the City’s goal of implementing the Mobility Fee program to support multimodal transportation investments while providing predictability and fairness to the development community during the initial rollout period. How will this affect city programs or services? The collection of the fees help fund projects identified in the City's adopted mobility plan. Account Line Item and Description: N/A Attachments: Ord. 25-034 Amending_Land_Use_Regulations_Mobility_Fee.docx CDRV 25-009 Mobility Phased Implementation.docx Business-impact-estimate_Agenda Item 3825-2025.docx 687 ORDINANCE NO. 25-034 1 2 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 3 BOYNTON BEACH, FLORIDA, AMENDING PART III “LAND 4 DEVELOPMENT REGULATIONS,” CHAPTER 2 “LAND DEVELOPMENT 5 PROCESS,” ARTICLE VI “IMPACT AND SELECTED FEES;” TO ESTABLISH 6 A PHASED IMPLEMENTATION SCHEDULE FOR THE CITY’S MOBILITY 7 FEE; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; 8 PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE 9 DATE. 10 11 WHEREAS, Part III “Land Development Regulations,” Chapter 2 “Land Development 12 Process,” Article VI “Impact and Selected Fees,” of the City’s Code of Ordinances currently 13 establishes mobility fees; and 14 WHEREAS, the Planning and Zoning Department would like to amend the mobility fee 15 schedule to establish a phased implementation schedule for the City’s mobility fee to ease the 16 transition for the development community and encourage early compliance; and 17 WHEREAS, the amendment also clarifies the calculation methodology for multi-family 18 residential developments by defining the total square footage as habitable dwelling unit area, 19 specifically excluding common areas, lobbies, leasing offices, and residential amenities not 20 accessible to the general public; and 21 WHEREAS, the City Commission has determined that this amendment serves the public 22 health, safety, and welfare of the citizens of the City of Boynton Beach. 23 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 24 BOYNTON BEACH, FLORIDA: 25 Section 1: The foregoing “WHEREAS” clauses are hereby ratified as being true and 26 correct and are hereby made a specific part of this Ordinance upon adoption hereof. 27 688 ORDINANCE NO. 25-034 Page 2 of 5 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Section 2: Part III “Land Development Regulations,” Chapter 2 “Land Development 28 Process,” Article VI “Impact and Selected Fees,” Section 10 “Mobility Fees,” is hereby amended to 29 read as follows: 30 PART III LAND DEVELOPMENT REGULATIONS 31 … 32 CHAPTER 2. LAND DEVELOPMENT PROCESS 33 … 34 ARTICLE VI. IMPACT AND SELECTED FEES 35 … 36 Sec. 10. Mobility Fees 37 … 38 c. Mobility Fee Imposition. The mobility fee imposed by this section shall apply to new 39 applications for development permits issued on or after May 20, 2025, for future development 40 that results in an increase in person travel demand above and beyond the current use of 41 property. 42 … 43 3. Mobility Fee Schedule. Any person who shall initiate any new impact generating land 44 development activity, except as otherwise provided for herein, shall pay a mobility fee, 45 based on the applicable assessment area established in the mobility plan and mobility fee 46 technical report, as set forth in the following Mobility Fee Schedule: 47 48 Mobility Fee Schedule Use Categories, Use Classifications, and Representative Uses Mobility Fee … 49 Mobility Fee Schedule Footnotes 1 Single-Family Residential Square Feet is the sum of the area (in square feet) of each dwelling unit measured from the exterior surface of the exterior walls. 2 Multi-Family Residential Square Feet is the sum of the area (in square feet) of each buildings total habitable area of dwelling units. Measured from the exterior surface of the exterior walls. This includes Areas not included in the calculation are common areas, lobbies, leasing offices, and residential amenities not accessible to the public. Retail or office square footage leased to a third 689 ORDINANCE NO. 25-034 Page 3 of 5 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. party would pay the applicable mobility fee rate. Square footage does not include parking garages or structures. 3 Any retail, office, or non-residential square footage that is leased to a third-party use to provides drinks, food, goods, or services to the public shall be required to pay the applicable mobility fee per the individual uses identified in the mobility fee schedule. … 50 Phased Implementation of Mobility Fee: 51 52 To support a smooth transition and encourage early compliance, the City will implement 53 the Mobility Fee on a phased basis. During the initial three years of adoption, a discount 54 shall be applied to the total calculated fee due at the time of permit issuance. 55 Discount Schedule: 56  Effective October 1, 2025 – September 30, 2026 57 A 15% discount shall be applied to the total calculated Mobility Fee. 58  Effective October 1, 2026 – September 30, 2027 59 A 10% discount shall be applied to the total calculated Mobility Fee. 60  Effective October 1, 2027 – September 30, 2028 61 A 5% discount shall be applied to the total calculated Mobility Fee. 62  Effective October 1, 2028, and thereafter 63 The full Mobility Fee shall be assessed with no discount applied. 64 The discount shall be applied uniformly to all development projects subject to the Mobility 65 Fee. If the State of Florida mandates a discount, waiver, or credit for mobility fees, the City’s 66 phased discount shall be reduced by the amount of the State-mandated discount. Under 67 no circumstance shall the combined discount exceed the percentage amounts established 68 in the schedule above. No additional reductions, waivers, or credits beyond those provided 69 in the City Code shall be permitted. 70 … 71 D. Mobility fee determination. 72 73 … 74 Section 3: Codification. It is the intention of the City Commission of the City of 75 Boynton Beach, and it is hereby ordained that the provisions of this Ordinance shall become and 76 690 ORDINANCE NO. 25-034 Page 4 of 5 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. be made a part of the Code and Ordinances of the City of Boynton Beach, Florida, and that 77 Sections of this Ordinance may be renumbered, re-lettered and the word “Ordinance” may be 78 changed to “Section,” “Article,” or such other word or phrase in order to accomplish such intention. 79 Section 4: Severability. If any clause, section, or other part of this Ordinance shall be 80 held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional 81 or invalid part shall be considered as eliminated and in no way affecting the validity of the other 82 provisions of this Ordinance. 83 Section 5: Conflicts. That all Ordinances or parts of Ordinances, Resolutions, or 84 parts of Resolutions in conflict herewith, be and the same are repealed to the extent of such 85 conflict. 86 Section 6: Effective Date. This Ordinance shall take effect immediately upon 87 passage. 88 [Signature Page to Follow] 89 691 ORDINANCE NO. 25-034 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. 90 SECOND, FINAL READING AND PASSAGE this ______ day of _______, 2025. 91 CITY OF BOYNTON BEACH, FLORIDA 92 YES NO 93 94 Mayor – Rebecca Shelton _____ _____ 95 96 Vice Mayor – Woodrow L. Hay _____ _____ 97 98 Commissioner – Angela Cruz _____ _____ 99 100 Commissioner – Thomas Turkin _____ _____ 101 102 Commissioner – Aimee Kelley _____ _____ 103 104 VOTE ______ 105 ATTEST: 106 107 108 _____________________________ 109 Maylee DeJesús, MMC Rebecca Shelton 110 City Clerk Mayor 111 112 APPROVED AS TO FORM: 113 (Corporate Seal) 114 115 Shawna G. Lamb 116 City Attorney 117 692 PART III LAND DEVELOPMENT REGULATIONS … CHAPTER 2. LAND DEVELOPMENT PROCESS … ARTICLE VI. IMPACT AND SELECTED FEES … Sec. 10. Mobility Fees … c. Mobility Fee Imposition. The mobility fee imposed by this section shall apply to new applications for development permits issued on or after May 20, 2025, for future development that results in an increase in person travel demand above and beyond the curre nt use of property. … 3. Mobility Fee Schedule. Any person who shall initiate any new impact generating land development activity, except as otherwise provided for herein, shall pay a mobility fee, based on the applicable assessment area established in the mobility plan and mobility fee technical report, as set forth in the following Mobility Fee Schedule: Mobility Fee Schedule Use Categories, Use Classifications, and Representative Uses Mobility Fee … Mobility Fee Schedule Footnotes 1 Single-Family Residential Square Feet is the sum of the area (in square feet) of each dwelling unit measured from the exterior surface of the exterior walls. 2 Multi-Family Residential Square Feet is the sum of the area (in square feet) of each buildings total habitable area of dwelling units. Areas not included in the calculation are common areas, lobbies, leasing offices, and residential amenities . Retail or office square footage pay the applicable mobility fee rate. Square footage does not include parking garages or structures. 3 Any retail, office, or non-residential square footage that is leased to a third-party use to provides drinks, food, goods, or services to the public shall be required to pay the applicable mobility fee per the individual uses identified in the mobility fe e schedule. … Phased Implementation of Mobility Fee: To support a smooth transition and encourage early compliance, the City will implement the Mobility Fee on a phased basis. During the initial three years of adoption, a discount shall be applied to the total calculated fee due at the time of permit issuance. Discount Schedule:  Effective October 1, 2025 – September 30, 2026 A 15% discount shall be applied to the total calculated Mobility Fee.  Effective October 1, 2026 – September 30, 2027 A 10% discount shall be applied to the total calculated Mobility Fee.  Effective October 1, 2027 – September 30, 2028 A 5% discount shall be applied to the total calculated Mobility Fee.  Effective October 1, 2028, and thereafter The full Mobility Fee shall be assessed with no discount applied. The discount shall be applied uniformly to all development projects subject to the Mobility Fee. If the State of Florida mandates a discount, waiver, or credit for mobility fees, the City’s phased 693 discount shall be reduced by the amount of the State -mandated discount. Under no circumstance shall the combined discount exceed the percentage amounts establishe d in the schedule above. No additional reductions, waivers, or credits beyond those provided in the City Code shall be permitted. … D. Mobility fee determination. 694 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; 1 See Section 166.041(4)(c), Florida Statutes. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING PART III “LAND DEVELOPMENT REGULATIONS,” CHAPTER 2 “LAND DEVELOPMENT PROCESS,” ARTICLE VI “IMPACT AND SELECTED FEES”; TO ESTABLISH A PHASED IMPLEMENTATION SCHEDULE FOR THE CITY’S MOBILITY FEE; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 695 Page 2 of 3 ☐ 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): The proposed amendment establishes a phased implementation schedule for the City’s Mobility Fee to ease the transition for the development community and encourage early compliance. Rather than assessing the full fee immediately upon adoption, the amendment introduces a three-year discount period that gradually decreases over time. Under the proposed structure, developments issued permits between October 1, 2025, and September 30, 2026, would receive a 15% discount o n the total calculated Mobility Fee. The discount would then decrease to 10% for the following year (October 1, 2026 – September 30, 2027) and to 5% during the third year (October 1, 2027 – September 30, 2028). Beginning October 1, 2028, the full Mobility Fee would apply with no discount. The amendment also includes a provision addressing potential State -mandated discounts or credits. If the State of Florida enacts legislation requiring any reduction in mobility fee assessments, the City’s discount will be adjusted accordingly so that the total combined discount does not exceed the percentages outlined in the phased schedule. Additionally, the amendment clarifies the calculation methodology for multi -family residential developments. The total square footage for multi-family uses will be based on the habitable area of dwelling units and excludes common areas, lobbies, leasing offices, and residential amenities not accessible to the public. This phased approach is consistent with the implementation strateg y used for the City’s updated Parking Impact Fees, which went into effect in 2024 and provided a similar transition period for the development community. Overall, this amendment balances the City’s goal of implementing the Mobility Fee program to support multimodal transportation investments while providing predictability and fairness to the development community during the initial rollout period. 696 Page 3 of 3 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: No businesses will be impacted by the proposed ordinance 4. Additional information the governing body deems useful (if any): NONE 697 City of Boynton Beach Agenda Item Request Form 8.C Public Hearing 6 P.M. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 11/ 4/2025 Meeting Date: 11/ 4/2025 Proposed Ordinance No. 25-035- First Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, Amending Part III "Land Development Regulations," Article II "Planning and Zoning Division Services," Section 4, "Relief Applications" by Amending Subsection F, "Requests for Accommodation," in order to Provide Procedures for Handling and Processing Requests for Accommodation from the City's Land Development Regulations; Providing for Conflicts; Providing for Severability; Providing for Codification; Providing an Effective Date; and For All Other Purposes. Requested Action: Staff recommends approval of Proposed Ordinance No. 25-035, at first reading. Explanation of Request: The reason for the amendment to the Ordinance is that section 397.487, Florida Statutes, requires the governing bodies of counties or municipalities to establish a procedure for the review of reasonable accommodations related to the establishment of certified recovery residences. The statute has a deadline of January 1, 2026 for enactment of such an Ordinance or amendment thereto, and has specific timelines and other deadline requirements that require compliance. The City's proposed amendment contains the requisite language and is on a track for first and second readings before enactment before the January 1, 2026 deadline. How will this affect city programs or services? N/A Account Line Item and Description: N/A Fiscal Impact: N/A Attachments: Ord 25-035 Agenda_Item_3883- 2025_Ordinance_for_Certified_Recovery_Residences_updated.docx FS 397.487.pdf 3883-2025 Business Impact Statement.docx 698 ORDINANCE NO. 25-035 Page 1 of 5 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 1 BOYNTON BEACH, FLORIDA, AMENDING THE CITY’S CODE OF 2 ORDINANCES, BY AMENDING PART III, ARTICLE II, SECTION 4, BY 3 AMENDING SUBSECTION F, “REQUESTS FOR ACCOMMODATION,” IN 4 ORDER TO PROVIDE PROCEDURES FOR HANDLING AND PROCESSING 5 REQUESTS FOR ACCOMMODATION FROM THE CITY’S LAND 6 DEVELOPMENT REGULATIONS; PROVIDING FOR CONFLICTS; 7 PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; 8 PROVIDING AN EFFECTIVE DATE; AND FOR ALL OTHER PURPOSES. 9 10 WHEREAS, the Florida Legislature, by HB 21 (2015), established a voluntary certification 11 program for recovery residences that establishes operational and ethical safeguards for disabled 12 persons, and the City of Boynton Beach, Florida (“City”) desires to acknowledge and promote such 13 safeguards; and 14 WHEREAS, in accordance with SB 954 (2025) pertaining to the establishment of “Certified 15 Recovery Residences,” the City desires to enact an Ordinance providing for procedures for 16 handling and processing requests for accommodation from the City’s Land Development 17 Regulations relating to the establishment of Certified Recovery Residences before the statute’s 18 effective date of January 1, 2026; and 19 WHEREAS, the term, “reasonable accommodation” is a statutorily established method by 20 which an individual who is disabled and/or handicapped (as those terms are defined in Title II of 21 the Americans with Disabilities Act and/or the Fair Housing Amendments Act, hereafter, 22 “disabled”), or a provider of services to the disabled qualifying for reasonable accommodations 23 under the referenced statutes, can request a modification or alteration in the application of a 24 specific Code provision, rule, policy, or practice, to them. The proposed accommodation sought 25 by the disabled individual must be reasonable and necessary to afford such person an equal 26 opportunity to use and enjoy housing in a Certified Recovery Residence, or a drug and alcohol 27 treatment home or recovery residence that is certified by the Florida Association of Recovery 28 Residences (“FARR”), as defined under Part III, Article II. Definitions; and 29 WHEREAS, the City desires to adopt within the City’s Land Development Regulations, and 30 consistent with SB 954 (2025), reasonable accommodation procedures that will permit disabled 31 699 ORDINANCE NO. 25-035 Page 2 of 5 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. individuals (or qualifying entities) to request a reasonable accommodation and, where 32 appropriate, based on the facts and the law, to receive a reasonable accommodation from the 33 City’s Land Development Regulations relating to the establishment of Certified Recovery 34 Residences; and 35 WHEREAS, the City Commission, sitting as the Local Planning Agency, has determined 36 that the change is consistent with and furthers the goals, objectives, and policies of the City’s 37 Comprehensive Plan; and 38 WHEREAS, the City Commission, upon the recommendation of staff, has determined that 39 the proposed change will protect the City's citizens and residents. 40 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 41 BEACH, FLORIDA, THAT: 42 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 43 being true and correct and are hereby made a specific part of this Ordinance upon adoption. 44 SECTION 2. That the Code of Ordinances of the City of Boynton Beach, Florida, shall be 45 amended by amending Part III “Land Development Regulations,” Article II “Planning and Zoning 46 Division Services,” Section 4, “Relief Applications,” by Amending Subsection F, “Requests for 47 Accommodation,” to read as follows: 48 F. Requests for Accommodation. 49 … 50 2. Process for the Establishment of Certified Recovery Residences 51 (a) Purpose and Intent. The purpose of this section is to implement a procedure for processing 52 written requests for a reasonable accommodation to the City's Code of Ordinances, Land 53 Development Regulations, Rules, Policies, and Procedures for persons with disabilities as defined 54 by the federal Fair Housing Amendments Act (42 U.S.C. 3601, et seq.) ("FHA") and Title II of the 55 Americans with Disabilities Amendments Act (42 U.S.C. 12131, et seq.) ("ADA"), as required by 56 section 397.487(15), Florida Statutes. For purposes of this section, a "disabled" person is an 57 individual who qualifies as disabled and/or handicapped under the FHA and/or ADA. Any person 58 700 ORDINANCE NO. 25-035 Page 3 of 5 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. who is disabled (or a qualifying entity) may request a reasonable accommodation with respect to 59 the City's Land Development Code, Code of Ordinances, rules, policies, practices, and/or 60 procedures as provided by the FHA and the ADA pursuant to the procedures set out in this section. 61 The City’s procedures for reviewing applications seeking reasonable accommodations related to 62 the establishment of certified recovery residences shall proceed as established in 1. General under 63 Subsection F. Requests for Accommodation, with the additional requirements as outlined under 64 section 397.487(15), Florida Statutes. 65 (b.) Application. A request by an applicant for a reasonable accommodation under this section 66 must be in writing. The City shall date-stamp each written application upon receipt. If additional 67 information is required, the City must respond to the applicant within the first thirty (30) days after 68 receipt of the application and allow the applicant at least thirty (30) days to respond. A final written 69 determination on an application shall be issued by the City within sixty (60) days after receipt of a 70 completed application. The application must, at minimum, contain the name and contact 71 information of the applicant/representative, the property address and parcel identification 72 number, and a description of the accommodation requested and the specific regulation and/or 73 policy from which relief is sought. The City’s determination must either approve the request, in 74 whole or in part, with or without conditions, or deny the request, stating with specificity the 75 objective, evidence-based reasons for the denial and identifying any deficiencies or actions 76 necessary for reconsideration. If a final written determination is not issued within sixty (60) days 77 after receipt of a completed application, then the request is deemed approved unless the parties 78 agree in writing to a reasonable extension of time. 79 (c.) Revocation of reasonable accommodation. 80 (1) Any reasonable accommodation received shall be deemed revoked if the applicant or 81 the property upon which the accommodation is granted is found in violation of any 82 conditions of the approval granting the reasonable accommodation by a court of law or 83 by the special magistrate hearing code enforcement cases. 84 (2) Failure to obtain state certification or a required state license, or failure to maintain 85 701 ORDINANCE NO. 25-035 Page 4 of 5 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. state certification or a required state license, or alternate certification permitted by this 86 section, shall result in revocation of the reasonable accommodation and cessation of 87 operations within one hundred and eighty (180) days of termination of the license or 88 certification. 89 (d.) Re-certification. If a reasonable accommodation is for a property which is required to be 90 licensed or certified pursuant to this section or applicable state or federal law, then to be 91 recertified, an applicant must provide proof of active licensure or certification consistent with the 92 requirements of section 397.487(15), Florida Statutes. 93 (e.) Severability. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, 94 clause, term, or word of this Subsection F, "Requests for Accommodation," is 95 declared unconstitutional by the final and valid judgment or decree of any court 96 of competent jurisdiction, this declaration of unconstitutionality or invalidity shall 97 not affect any other part, section, subsection, paragraph, subparagraph, sentence, 98 phrase, clause, term, or word of this Subsection F, "Requests for Accommodation." 99 SECTION 3. That all ordinances or parts of ordinances, all City Code sections or parts of 100 City Code sections, and all resolutions or parts of resolutions in conflict with this ordinance are 101 hereby repealed to the extent of such conflict. 102 SECTION 4. That if any section or provision of this ordinance or any portion thereof, any 103 paragraph, sentence, clause, or word be declared by a court of competent jurisdiction to be 104 invalid, such decision shall not affect the validity of the remainder hereof as a whole or part hereof 105 other than the part declared invalid. 106 SECTION 5. That the provisions of this ordinance shall be codified within the Code of 107 Ordinances of the City of Boynton Beach, Florida, and any paragraph or section may be 108 renumbered to conform with the Code of Ordinances. 109 SECTION 6. This Ordinance shall take effect in accordance with the law. 110 111 112 702 ORDINANCE NO. 25-035 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. 113 SECOND, FINAL READING AND PASSAGE this _____ day of ___________________, 2025. 114 115 CITY OF BOYNTON BEACH, FLORIDA 116 YES NO 117 Mayor – Rebecca Shelton _____ _____ 118 119 Vice Mayor – Woodrow L. Hay _____ _____ 120 121 Commissioner – Angela Cruz _____ _____ 122 123 Commissioner – Thomas Turkin _____ _____ 124 125 Commissioner – Aimee Kelley _____ _____ 126 127 VOTE ______ 128 ATTEST: 129 130 _____________________________ ______________________________ 131 Maylee De Jesús, MPA, MMC Rebecca Shelton 132 City Clerk Mayor 133 134 APPROVED AS TO FORM: 135 (Corporate Seal) 136 137 _______________________________ 138 Shawna G. Lamb 139 City Attorney 140 703 Select Year: 2025 Go The 2025 Florida Statutes Title XXIX PUBLIC HEALTH Chapter 397 SUBSTANCE ABUSE SERVICES View Entire Chapter 397.487 Voluntary certification of recovery residences.— (1) The Legislature finds that a person suffering from addiction has a higher success rate of achieving long- lasting sobriety when given the opportunity to build a stronger foundation by living in a recovery residence while receiving treatment or after completing treatment. The Legislature further finds that this state and its subdivisions have a legitimate state interest in protecting these persons, who represent a vulnerable consumer population in need of adequate housing. It is the intent of the Legislature to protect persons who reside in a recovery residence. (2) The department shall approve at least one credentialing entity by December 1, 2015, for the purpose of developing and administering a voluntary certification program for recovery residences. The approved credentialing entity shall: (a) Establish recovery residence certification requirements. (b) Establish procedures to: 1. Administer the application, certification, recertification, and disciplinary processes. 2. Monitor and inspect a recovery residence and its staff to ensure compliance with certification requirements. 3. Interview and evaluate residents, employees, and volunteer staff on their knowledge and application of certification requirements. (c) Provide training for owners, managers, and staff. (d) Develop a code of ethics. (e) Establish application, inspection, and annual certification renewal fees. The application fee may not exceed $100. Any onsite inspection fee shall reflect actual costs for inspections. The annual certification renewal fee may not exceed $100. (3) A credentialing entity shall require the recovery residence to submit the following documents with the completed application and fee: (a) A policy and procedures manual containing: 1. Job descriptions for all staff positions. 2. Drug-testing procedures and requirements. 3. A prohibition on the premises against alcohol, marijuana, illegal drugs, and the use of prescribed medications by an individual other than the individual for whom the medication is prescribed. For the purposes of this subsection, “marijuana” includes marijuana that has been certified by a qualified physician for medical use in accordance with s. 381.986. 4. Policies to support a resident’s recovery efforts. 5. A good neighbor policy to address neighborhood concerns and complaints. (b) Rules for residents. (c) Copies of all forms provided to residents. (d) Intake procedures. (e) Sexual predator and sexual offender registry compliance policy. (f) Relapse policy. (g) Fee schedule. (h) Refund policy. 10/15/25, 11:00 AM Statutes & Constitution :View Statutes : Online Sunshine https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0397/Sections/0397.487.html 1/4704 (i) Eviction procedures and policy. (j) Code of ethics. (k) Proof of insurance. (l) Proof of background screening. (m) Proof of satisfactory fire, safety, and health inspections. (4) A certified recovery residence must be actively managed by a certified recovery residence administrator. All applications for certification must include the name of the certified recovery residence administrator who will be actively managing the applicant recovery residence. (5) Upon receiving a complete application, a credentialing entity shall conduct an onsite inspection of the recovery residence. (6) All owners, directors, and chief financial officers of an applicant recovery residence are subject to level 2 background screening as provided under s. 408.809 and chapter 435. A recovery residence is ineligible for certification, and a credentialing entity shall deny a recovery residence’s application, if any owner, director, or chief financial officer has been found guilty of, or has entered a plea of guilty or nolo contendere to, regardless of adjudication, any offense listed in s. 408.809(4) or s. 435.04(2) unless the department has issued an exemption under s. 435.07. Exemptions from disqualification applicable to service provider personnel pursuant to s. 397.4073 or s. 435.07 shall apply to this subsection. In accordance with s. 435.04, the department shall notify the credentialing agency of an owner’s, director’s, or chief financial officer’s eligibility based on the results of his or her background screening. (7) A credentialing entity shall issue a certificate of compliance upon approval of the recovery residence’s application and inspection. The certification shall automatically terminate 1 year after issuance if not renewed. (8) Onsite followup monitoring of a certified recovery residence may be conducted by the credentialing entity to determine continuing compliance with certification requirements. The credentialing entity shall inspect each certified recovery residence at least annually to ensure compliance. (a) A credentialing entity may suspend or revoke a certification if the recovery residence is not in compliance with any provision of this section or has failed to remedy any deficiency identified by the credentialing entity within the time period specified. (b) A certified recovery residence must notify the credentialing entity within 3 business days after the removal of the recovery residence’s certified recovery residence administrator due to termination, resignation, or any other reason. The certified recovery residence has 90 days to retain a certified recovery residence administrator. The credentialing entity must revoke the certificate of compliance of any certified recovery residence that fails to comply with this paragraph. (c) If a certified recovery residence’s administrator has been removed due to termination, resignation, or any other reason and had been previously approved to actively manage more than 50 residents pursuant to s. 397.4871(8)(b), the certified recovery residence has 90 days to retain another certified recovery residence administrator pursuant to s. 397.4871. The credentialing entity must revoke the certificate of compliance of any certified recovery residence that fails to comply with this paragraph. (d) If any owner, director, or chief financial officer of a certified recovery residence is arrested and awaiting disposition for or found guilty of, or enters a plea of guilty or nolo contendere to, regardless of whether adjudication is withheld, any offense listed in s. 435.04(2) while acting in that capacity, the certified recovery residence must immediately remove the person from that position and notify the credentialing entity within 3 business days after such removal. The credentialing entity must revoke the certificate of compliance of a certified recovery residence that fails to meet these requirements. (e) A credentialing entity shall revoke a certified recovery residence’s certificate of compliance if the certified recovery residence provides false or misleading information to the credentialing entity at any time. (f) Any decision by a department-recognized credentialing entity to deny, revoke, or suspend a certification, or otherwise impose sanctions on a certified recovery residence, is reviewable by the department. Upon receiving an adverse determination, the certified recovery residence may request an administrative hearing pursuant to ss. 10/15/25, 11:00 AM Statutes & Constitution :View Statutes : Online Sunshine https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0397/Sections/0397.487.html 2/4705 120.569 and 120.57(1) within 30 days after completing any appeals process offered by the credentialing entity or the department, as applicable. (9) A person may not advertise to the public, in any way or by any medium whatsoever, any recovery residence as a “certified recovery residence” unless such recovery residence has first secured a certificate of compliance under this section. A person who violates this subsection commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (10)(a) A certified recovery residence may allow a minor child to visit a parent who is a resident of the recovery residence, provided that a minor child may not visit or remain in the recovery residence between the hours of 9 p.m. and 7 a.m. unless: 1. A court makes a specific finding that such visitation is in the best interest of the minor child; or 2. The recovery residence is a specialized residence for pregnant women or parents whose children reside with them. Such recovery residences may allow children to visit or reside in the residence if the parent does not yet have a time-sharing plan pursuant to s. 61.13, provided that the parent files with the court for establishment of a plan within 14 days of moving into the residence. (b) A certified recovery residence may not allow a minor child to visit a parent who is a resident of the recovery residence at any time if any resident of the recovery residence is currently required to register as a sexual predator under s. 775.21 or as a sexual offender under s. 943.0435. (11) Notwithstanding any landlord and tenant rights and obligations under chapter 83, a recovery residence that is certified under this section and has a discharge policy approved by a department-recognized credentialing entity may immediately discharge or transfer a resident in accordance with that policy under any of the following circumstances: (a) The discharge or transfer is necessary for the resident’s welfare. (b) The resident’s needs cannot be met at the recovery residence. (c) The health and safety of other residents or recovery residence employees is at risk or would be at risk if the resident continues to live at the recovery residence. (12) Any person discharged from a recovery residence under subsection (11) who willfully refuses to depart after being warned by the owner or an authorized employee of the recovery residence commits the offense of trespass in a recovery residence, a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (13) Beginning January 1, 2025, a certified recovery residence may not deny an individual access to housing solely on the basis that he or she has been prescribed federally approved medication that assists with treatment for substance use disorders by a licensed physician, a physician’s assistant, or an advanced practice registered nurse registered under s. 464.0123. (14) A local ordinance or regulation may not further regulate the duration or frequency of a resident’s stay in a certified recovery residence located within a multifamily zoning district after June 30, 2024. This provision shall expire July 1, 2026. (15)(a) By January 1, 2026, the governing body of each county or municipality shall adopt an ordinance establishing procedures for the review and approval of certified recovery residences within its jurisdiction. The ordinance must include a process for requesting reasonable accommodations from any local land use regulation that serves to prohibit the establishment of a certified recovery residence. (b) At a minimum, the ordinance must: 1. Be consistent with the Fair Housing Amendments Act of 1988, 42 U.S.C. ss. 3601 et seq., and Title II of the Americans with Disabilities Act, 42 U.S.C. ss. 12131 et seq. 2. Establish a written application process for requesting a reasonable accommodation for the establishment of a certified recovery residence, which application must be submitted to the appropriate local government office. 3. Require the local government to date stamp each application upon receipt. If additional information is required, the local government must notify the applicant in writing within the first 30 days after receipt of the application and allow the applicant at least 30 days to respond. 10/15/25, 11:00 AM Statutes & Constitution :View Statutes : Online Sunshine https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0397/Sections/0397.487.html 3/4706 4. Require the local government to issue a final written determination on the application within 60 days after receipt of a completed application. The determination must: a. Approve the request in whole or in part, with or without conditions; or b. Deny the request, stating with specificity the objective, evidence-based reasons for denial and identifying any deficiencies or actions necessary for reconsideration. 5. Provide that if a final written determination is not issued within 60 days after receipt of a completed application, the request is deemed approved unless the parties agree in writing to a reasonable extension of time. 6. Require that the application include, at a minimum: a. The name and contact information of the applicant or the applicant’s authorized representative; b. The property address and parcel identification number; and c. A description of the accommodation requested and the specific regulation or policy from which relief is sought. (c) The ordinance may establish additional requirements for the review or approval of reasonable accommodation requests for establishing a certified recovery residence, provided such requirements are consistent with federal law and do not conflict with this subsection. (d) The ordinance may not require public hearings beyond the minimum required by law to grant the requested accommodation. (e) The ordinance may include provisions for the revocation of a granted accommodation of a certified recovery residence for cause, including, but not limited to, a violation of the conditions of approval or the lapse, revocation, or failure to maintain certification or licensure required under this section, if not reinstated within 180 days. (f) The ordinance and establishment of a reasonable accommodation process does not relieve the local government from its obligations under the Fair Housing Amendments Act of 1988, 42 U.S.C. ss. 3601 et seq., and Title II of the Americans with Disabilities Act, 42 U.S.C. ss. 12131 et seq. The regulation for which the applicant is seeking a reasonable accommodation must not facially discriminate against or otherwise disparately impact the applicant. (16) The application of this section does not supersede any current or future declaration or declaration of condominium adopted pursuant to chapter 718; any cooperative document adopted pursuant to chapter 719; or any declaration or declaration of covenant adopted pursuant to chapter 720. History.—s. 2, ch. 2015-100; s. 2, ch. 2017-80; s. 7, ch. 2019-159; s. 2, ch. 2020-38; s. 3, ch. 2021-128; s. 10, ch. 2021-156; s. 4, ch. 2023-298; s. 15, ch. 2024-71; s. 3, ch. 2024-176; s. 27, ch. 2025-156; s. 1, ch. 2025-182. Copyright © 1995-2025 The Florida Legislature • Privacy Statement • Contact Us 10/15/25, 11:00 AM Statutes & Constitution :View Statutes : Online Sunshine https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0397/Sections/0397.487.html 4/4707 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: 1 See Section 166.041(4)(c), Florida Statutes. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE CITY’S CODE OF ORDINANCES, BY AMENDING PART III, ARTICLE II, SECTION 4, BY AMENDING SUBSECTION F, “REQUESTS FOR ACCOMMODATION,” IN ORDER TO PROVIDE PROCEDURES FOR HANDLING AND PROCESSING REQUESTS FOR ACCOMMODATION FROM THE CITY’S LAND DEVELOPMENT REGULATIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE; AND FOR ALL OTHER PURPOSES. 708 Page 2 of 2 a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the City hereby publishes the following information: 1. A summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals, and welfare): See Above. 2. An estimate of the direct economic impact of the proposed ordinance on private, for - profit businesses in the City, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur if the ordinance is enacted: 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: N/A 4. Additional information the governing body deems usef ul (if any): N/A 709 City of Boynton Beach Agenda Item Request Form 10.A Regular Agenda 11/ 4/2025 Meeting Date: 11/ 4/2025 Proposed Ordinance No. 25-036- First Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, adding Chapter 2, Article IV, Section 2-60 to the City Code of Ordinance Entitled "Public-Private Partnerships;" Establishing Procedures for Public-Private Partnerships and Unsolicited Proposals; Providing for Codification; Providing for Severability; Providing for Conflicts; and Providing for an Effective Date. Requested Action: Staff recommends approval of Proposed Ordinance No. 25-036, at first reading. Explanation of Request: The City Commission of the City of Boynton Beach, Florida, has established a purchasing policy for the fair and equitable method of administering purchases of goods and services in order to maximize the purchasing value of public funds. On February 17, 2015, City Commission passed Resolution No. R15-020 to establish a non- exclusive procurement process for public-private partnerships consistent with section 287.05712, Florida Statutes. Section 255.065, Florida Statutes (the “P3 Statute”), was recently amended by the Florida Legislature through Florida HB 781, effective July 1, 2024, to modify the manner in which local governments consider and proceed with unsolicited proposals for public-private partnerships. The City Commission desires to amend of the City Code to align with the new approval methods afforded by Florida HB 781 (2024), and section 255.065, Florida Statutes. How will this affect city programs or services? If approved, this Ordinance will establish procedures for receiving, reviewing, evaluating, approving, and implementing unsolicited P3 projects. Account Line Item and Description: N/A Fiscal Impact: N/A Attachments: Ord 25-036 Public_Private_Partnership_-_Rev._10.23.25_-_Final.docx Agenda Item 3814-2025 Business Impact Statement - P3 Ordinance.docx Agenda Item 3814-2025 - P3 Ordinance - Nov 4 Agenda.pptx 710 ORDINANCE NO. 25-036 Page 1 of 8 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, ADDING CHAPTER 2, ARTICLE IV, 3 SECTION 2-60 TO THE CITY CODE OF ORDINANCES ENTITLED 4 “PUBLIC-PRIVATE PARTNERSHIPS;” ESTABLISHING PROCEDURES FOR 5 PUBLIC-PRIVATE PARTNERSHIPS AND UNSOLICITED PROPOSALS; 6 PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; 7 PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE 8 DATE. 9 10 WHEREAS, the City Commission of the City of Boynton Beach, Florida, has established a 11 purchasing policy for the fair and equitable method of administering purchases of goods and 12 services to maximize the purchasing value of public funds; and 13 WHEREAS, on February 17, 2015, the City Commission passed Resolution No. R15-020 to 14 establish a non-exclusive procurement process for public-private partnerships consistent with 15 prior statute section 287.05712, Florida Statutes; and 16 WHEREAS, section 255.065, Florida Statutes (the “P3 Statute” as amended from time to 17 time) was recently amended by the Florida Legislature through Florida HB 781, effective July 1, 18 2024, to modify the manner in which local governments consider and proceed with unsolicited 19 proposals for public-private partnerships; and 20 WHEREAS, to promote the efficient and effective use of the public-private partnership 21 method of project delivery, the City Commission desires to amend the City Code to align with the 22 new approval methods afforded by Florida HB 781 (2024), and section 255.065, Florida Statutes; 23 and 24 711 ORDINANCE NO. 25-036 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 25 health, safety, and welfare of the citizens of the City of Boynton Beach. 26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 27 BOYNTON BEACH, FLORIDA: 28 Section 1: The foregoing “WHEREAS” clauses are hereby ratified as being true and 29 correct and are hereby made a specific part of this Ordinance upon adoption hereof. 30 Section 2: Code of Ordinances Chapter 2, “Administration,” Article IV, “Purchasing and 31 Consultants,” Section 2-60 “Reserved” is hereby amended to read as follows: 32 Sec. 2-60. Public-private partnerships; unsolicited proposals 33 (a) Policy and intent. The City Commission hereby fully adopts for the best interests of the City, 34 and for the benefit of residents and businesses in the City and of the community, the 35 legislative findings and intent set forth in section 255.065, Florida Statutes, entitled "Public-36 private partnerships" as amended from time to time, as such statute relates to public-private 37 partnerships ("P3s"), unsolicited proposals, public records and public meetings exceptions, 38 and other matters set forth in this statute. This Code section is cumulative and supplemental 39 to this Statute, and other authority and power as vested in the City of Boynton Beach by 40 section 166.011, Florida Statutes, et seq., the "Municipal Home Rule Powers Act," the City 41 Charter, and Code of Ordinances of the City of Boynton Beach. This section, whenever 42 applicable, provides an alternative method of contracting and will not be deemed to limit 43 the power and authority of the City Commission to procure, finance, operate, or maintain any 44 public improvements, goods, or services. It is the City's intent that the public records and 45 meetings exception, as applicable and as amended, will apply to such records and meetings 46 as allowed by Florida law. The City will use reasonable efforts to protect the confidentiality 47 of documents exempted by general law from disclosure to the extent provided by law. 48 (b) Definitions. Except as otherwise specifically set herein, the City adopts the definitions set 49 forth in section 255.065, Florida Statutes, as amended from time to time. For the purposes of 50 this section, the following definitions shall apply to the City: 51 (1) City means the City of Boynton Beach, Florida. 52 712 ORDINANCE NO. 25-036 Page 3 of 8 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. (2) City Manager includes the City Manager or the City Manager's designee. 53 (3) Comprehensive agreement means the contract between the City and a private entity for 54 a qualifying project as defined in section 255.065, Florida Statutes. 55 (4) P3 means a public-private partnership contractual arrangement between the City and a 56 private entity to design, build, finance, operate, or maintain a qualifying project. 57 (5) Responsible public entity means the City of Boynton Beach, inclusive of all departments, 58 agencies, and instrumentalities. 59 (6) Value for money analysis means a process used to compare the financial impacts of a 60 public-private partnership method of delivery with traditional public delivery 61 alternatives, including present value life-cycle costs, risk allocation, and opportunity 62 costs. 63 (c) Application Fee. A private entity submitting an unsolicited proposal must pay an initial 64 application fee of twenty-five thousand dollars ($25,000) by cash, cashier's check, or other 65 non-cancelable instrument. Personal checks will not be accepted. If the initial application fee 66 does not cover the City's costs to evaluate the proposal, the City shall request additional 67 amounts in writing. The private entity must pay additional amounts within thirty (30) days 68 of written notice, or the City may cease review of the proposal. Any unused portion of fees 69 shall be refunded to the private entity upon completion of the evaluation process. 70 (d) Unsolicited Proposal Requirements. An unsolicited proposal must include the following 71 minimum information: 72 (1) Description of the qualifying project, including conceptual design, schedule, and scope 73 of services; 74 (2) Description of the method to secure necessary property interests; 75 (3) General financing plans, including funding sources and proposed debt or equity 76 investment; 77 (4) Contact information for the private entity; 78 (5) Proposed user fees, lease payments, or service payments and methodology for changes 79 over time; 80 (6) Detailed financial analysis of the proposed project; 81 (7) Community impact assessment and stakeholder engagement plan; 82 (8) Evidence that the private entity meets minimum qualification standards; 83 (9) Any additional information reasonably requested by the City Manager. 84 713 ORDINANCE NO. 25-036 Page 4 of 8 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. After completing review of the proposal, if the proposal is deemed sufficient, the City 85 Manager may choose to proceed with the Competitive Process (e), Alternative Process for 86 Qualifying Projects (f), or reject the proposal if determined not to be in the best interest of 87 the City. 88 (e) Competitive Process. 89 (1) Public Notice and Competition. If the City Manager receives an unsolicited proposal 90 and intends to consider a comprehensive agreement, the City shall publish notice in the 91 Florida Administrative Register and a newspaper of general circulation or the City website, 92 or such other method authorized by applicable law, at least once per week for two (2) 93 weeks stating that the City has received a proposal and will accept other proposals for the 94 same project. The timeframe for accepting other proposals shall be at least twenty-one 95 (21) days but no more than one hundred twenty (120) days after initial publication, unless 96 otherwise determined by the City Commission in accordance with section 255.065, Florida 97 Statutes. Notice shall be mailed to each local government in the affected area. 98 (2) Evaluation and Selection. The City Manager shall establish an evaluation committee to 99 review and rank proposals based on factors including professional qualifications, business 100 terms, innovative design or cost-reduction techniques, and financial plans. The evaluation 101 committee may include City staff, subject matter experts, consultants, or other persons as 102 determined by the City Manager or designee. Recommendations shall be submitted to the 103 City Manager and then to the City Commission for further evaluation and final 104 determination, as further set forth herein. 105 (3) Projects Including Design Work. If a solicited qualifying project includes design work, 106 the solicitation must include a design criteria package meeting the requirements of section 107 255.065, Florida Statutes. 108 (f) Alternative Process for Qualifying Projects. The City Commission may proceed with an 109 unsolicited proposal without engaging in the competitive bidding process described in 110 section (e) above, if the City holds two duly noticed public meetings. The first meeting shall 111 present the proposal and allow the public and affected entities to comment. The second 112 meeting shall determine that the proposal is in the public’s best interest by considering the 113 benefits to the public, the financial structure and economic efficiencies of the proposal, the 114 private entity's qualifications and experience, the project's compatibility with regional 115 infrastructure plans, and public comments and responses thereto. If proceeding without 116 competitive bidding, the City must publish a report in the Florida Administrative Register for 117 at least seven days, including the public interest determination, factors considered, and 118 findings based on each considered factor. The City must also provide a statement that 119 explains why the proposal should proceed and addresses public comments. 120 714 ORDINANCE NO. 25-036 Page 5 of 8 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. (g) Value for Money Analysis. For projects with estimated costs of fifty million dollars 121 ($50,000,000) or more, the City shall require a value-for-money analysis comparing the 122 public-private partnership approach to traditional procurement methods. Notwithstanding 123 the foregoing, the City Manager or City Commission may require a value-for-money analysis 124 to be completed for any project, regardless of cost. 125 (h) City Commission Approval. All interim agreements and comprehensive agreements require 126 City Commission approval. Before approving a comprehensive agreement, the City 127 Commission must determine that: 128 (1) The project is in the public's best interest; 129 (2) The project involves City-owned facilities or facilities that will be conveyed to the City, 130 unless meeting an exemption under 255.065, Florida Statutes; 131 (3) Adequate safeguards exist to protect against additional public costs or service 132 disruptions in the event of material default or cancellation of the comprehensive agreement; 133 (4) Adequate safeguards exist for adding capacity to the project; 134 (5) The private entity has appropriate qualifications and financial capacity, and a reasonable 135 finance plan consistent with the requirements in section 255.065, Florida Statutes; 136 (6) The project cost is reasonable compared to similar facilities; 137 (7) The project is a qualifying project as defined in 255.065, Florida Statutes; and 138 (8) The agreement will result in timely project delivery. 139 The City Commission may approve an interim agreement before or in connection with the 140 negotiation of a comprehensive agreement with the private entity proposing the 141 development or operation of the qualifying project in accordance with the requirements of 142 section 255.065, Florida Statutes, or may proceed directly with a comprehensive agreement. 143 The comprehensive agreement shall include all applicable statutory requirements. 144 (i) Performance and Payment Security. The City shall require appropriate performance and 145 payment bonds, letters of credit, or other acceptable security as determined by the City's 146 Manager or the City Manager's designee. Construction components shall comply with 147 section 255.05, Florida Statutes, regarding performance and payment bonds. 148 (j) Insurance Requirements. Private entities must maintain public liability insurance or self-149 insurance in amounts satisfactory to the City and reasonably sufficient to ensure coverage 150 of tort liability and continued project operation. The City shall be named as additional 151 insured on all policies. 152 715 ORDINANCE NO. 25-036 Page 6 of 8 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. (k) Public Records. If a private entity believes information submitted is exempt from public 153 records disclosure, the entity must expressly identify the statutory basis for the claimed 154 exemption and segregate exempt information. The City will make reasonable efforts to 155 protect the confidentiality of exempt information as provided by law. 156 (l) Rejection of Proposals. The City expressly reserves the right to reject any or all proposals at 157 any point in the process prior to execution of a comprehensive agreement. No 158 recommendations, actions, or decisions under this section may be protested, and the City's 159 bid protest procedures shall not apply to public-private partnerships. 160 (m) Sovereign Immunity. Nothing in this section waives the City's sovereign immunity beyond 161 the limits established by Florida law, including section 768.28, Florida Statutes. 162 (n) Professional Services. This section does not apply to stand-alone professional services as 163 defined in section 287.055, Florida Statutes, or professional services procured in design-164 build projects outside the context of public-private partnerships. Such services shall continue 165 to be procured under section 287.055, Florida Statutes, and applicable City Code provisions. 166 This section applies to any public-private partnerships and/or unsolicited proposals that have 167 not been affirmatively voted on by the City Commission at the time of adoption to proceed with 168 the procedures set forth by section 255.065, Florida Statutes, as amended. 169 170 Section 3: Codification. It is the intention of the City Commission of the City of 171 Boynton Beach, and it is hereby ordained that the provisions of this Ordinance shall become and 172 be made a part of the Code and Ordinances of the City of Boynton Beach, Florida, and that 173 Sections of this Ordinance may be renumbered, re-lettered and the word “Ordinance” may be 174 changed to “Section,” “Article,” or such other word or phrase in order to accomplish such intention. 175 Section 4: Severability. If any clause, section, or other part of this Ordinance shall be 176 held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional 177 or invalid part shall be considered as eliminated and in no way affect the validity of the other 178 provisions of this Ordinance. 179 716 ORDINANCE NO. 25-036 Page 7 of 8 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Section 5: Conflicts. That all Ordinances or parts of Ordinances, Resolutions, 180 including, but not limited to, Resolution No. R15-020, or parts of Resolutions in conflict herewith, 181 be and the same are repealed to the extent of such conflict. 182 Section 6: Effective Date. That this Ordinance shall take effect immediately 183 upon passage. 184 185 186 187 188 [SIGNATURES ON THE FOLLOWING PAGE] 189 190 717 ORDINANCE NO. 25-036 Page 8 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. 191 SECOND, FINAL READING AND PASSAGE this ______ day of _______, 2025. 192 CITY OF BOYNTON BEACH, FLORIDA 193 YES NO 194 195 Mayor – Rebecca Shelton _____ _____ 196 197 Vice Mayor – Woodrow L. Hay _____ _____ 198 199 Commissioner – Angela Cruz _____ _____ 200 201 Commissioner – Thomas Turkin _____ _____ 202 203 Commissioner – Aimee Kelley _____ _____ 204 205 VOTE ______ 206 ATTEST: 207 208 209 _____________________________ 210 Maylee DeJesús, MMC Rebecca Shelton 211 City Clerk Mayor 212 213 APPROVED AS TO FORM: 214 (Corporate Seal) 215 216 Shawna G. Lamb 217 City Attorney 218 718 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 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ADDING CHAPTER 2, ARTICLE IV, SECTION 2-60 TO THE CITY CODE OF ORDINANCES ENTITLED “PUBLIC-PRIVATE PARTNERSHIPS”; ESTABLISHING PROCEDURES FOR PUBLIC-PRIVATE PARTNERSHIPS AND UNSOLICITED PROPOSALS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 719 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): On February 17, 2015, City Commission passed Resolution No. R15-020 to establish a non-exclusive procurement process for public-private partnerships consistent with section 287.05712, Florida Statutes. Section 255.065, Florida Statutes (the “P3 Statute”) was recently amended by the Florida Legislature through Chapter 2024 -96, Laws of Florida, effective July 1, 2024, to modify the manner in which local governments consider and proceed with unsolicited proposals for public-private partnerships. The City Commission desires to amend of the City Code to align with the new approval methods afforded by Ch. 2024-96, Laws of Florida, and the P3 Statute. 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: N/A 4. Additional information the governing body deems useful (if any): N/A 720 Proposed Ordinance No. 25-036 Ian Gregorchik, Assistant City Attorney November 4, 2025 1 721 Public-Private Partnerships (P3) Background •In 2015, City Commission passed Resolution No. R15-020 to establish a non- exclusive procurement process for public-private partnerships consistent with Florida Statutes •Section 255.065, Florida Statutes, was amended on July 1, 2024, to modify the manner in which local governments consider and proceed with unsolicited proposals for public-private partnerships. •This Ordinance amends the City Code to align with the new approval methods. 2 722 Public-Private Partnerships (P3) Ordinance •Implements a process for the City to receive, review, and proceed with unsolicited P3 proposals through either a competitive or non-competitive process. •Adopts an Initial Application Fee ($25,000). 3 723 Discussion and Vote 4 724 City of Boynton Beach Agenda Item Request Form 10.B Regular Agenda 11/ 4/2025 Meeting Date: 11/ 4/2025 Proposed Ordinance No. 25-037 - First Reading, An Ordinance of the City of Boynton Beach, Florida, Submitting to Referendum an Amendment to the City Charter; Adding a Preamble to the City Charter to Establish the Foundational Purposes and Principles Of City Governance; Providing for a Notice of an Advertisement of the Referendum Election to be Published in Accordance with the State of Florida Election Code; Providing that this Ordinance, when Adopted, Shall Be Submitted to the Qualified Electors of the City of Boynton Beach, Florida, on the March 2026 General Municipal Election Ballot and Shall Become Effective as Provided by Law; Providing for Conflicts, Severability, and an Effective Date. Requested Action: Staff recommends approval of Proposed Ordinance No. 25-037, at first reading. Explanation of Request: The Charter Review Committee (the "Committee") was established by Resolution No. R25- 195 of the City Commission of the City of Boynton Beach, Florida. This resolution authorized the formation of a five-member advisory committee to review and propose amendments to the City Charter. Members were appointed individually by the Mayor, Vice Mayor, and City Commissioners, representing a cross-section of professional experience and civic engagement. The Committee was charged with: 1. Reviewing the existing City Charter; 2. Considering proposed amendments prepared by the City Attorney’s Office; and 3. Recommending any additional modifications necessary to improve the Charter’s clarity, function, and responsiveness to the public interest. The Committee met regularly from August through October 2025 and received staff assistance from the City Attorney’s Office and City Clerk’s Office. All meetings were publicly noticed and conducted in accordance with the Florida Sunshine Law. 725 Based on its review, the Committee recommends adoption of the following proposed charter amendment: Preamble Creation The proposed Charter Preamble establishes the foundational purposes and guiding principles of the City of Boynton Beach’s government. It provides an introductory statement expressing the City’s core values and the intent behind its Charter provisions. Specifically, the preamble: Affirms the City’s commitment to protecting the general health, safety, and welfare of its residents; Expresses the principles of honest, efficient, and responsive governance as central to municipal operations; and Formally recognizes that the Charter is adopted pursuant to the Florida Constitution and state law, grounding the City’s home rule authority in the broader framework of state government. While the preamble does not create new powers or legal obligations, it serves an important symbolic and interpretive role—articulating the civic philosophy that underlies all sections of the Charter. It provides context for understanding the City’s governmental structure, helps guide interpretation of the Charter in future legal or policy settings, and mirrors best practices in other Florida municipalities, including preambles to affirm their community values and purpose. In short, the preamble frames the City Charter as a document dedicated to good governance, community wellbeing, and accountability to the people of Boynton Beach. How will this affect city programs or services? None. Budgeted Item: Yes Account Line Item and Description: None. Fiscal Impact: None. Attachments: Ord 25-037 Charter_Preamble (1).docx Agenda Item 3917-2025 Business Impact Statement - Charter Preamble.docx Agenda Items 3917-3921 Charter Amendment Ordinances - Nov 4 Agenda.pptx 726 ORDINANCE NO. 25-037 08.17.25 (IG) Page 1 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 1 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 2 SUBMITTING TO REFERENDUM AN AMENDMENT TO THE CITY 3 CHARTER; ADDING A PREAMBLE TO THE CITY CHARTER TO 4 ESTABLISH THE FOUNDATIONAL PURPOSES AND PRINCIPLES OF CITY 5 GOVERNANCE; PROVIDING FOR A NOTICE OF AN ADVERTISEMENT OF 6 THE REFERENDUM ELECTION TO BE PUBLISHED IN ACCORDANCE 7 WITH THE STATE OF FLORIDA ELECTION CODE; PROVIDING THAT 8 THIS ORDINANCE, WHEN ADOPTED, SHALL BE SUBMITTED TO THE 9 QUALIFIED ELECTORS OF THE CITY OF BOYNTON BEACH, FLORIDA, 10 ON THE MARCH 2026 GENERAL MUNICIPAL ELECTION BALLOT AND 11 SHALL BECOME EFFECTIVE AS PROVIDED BY LAW; PROVIDING FOR 12 CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. 13 14 WHEREAS, Chapter 166, Florida Statutes, as amended, provides for a methodology of 15 Charter amendments supplementary to and not in conflict with the Charter of the City of Boynton 16 Beach ("City"); and 17 WHEREAS, Chapter 166, Florida Statutes, as amended, provides that such an amendment 18 may be submitted to a referendum vote by the City Commission through the adoption of an 19 Ordinance calling for such a referendum election; and 20 WHEREAS, the City Commission has determined that it is in the best interest of the City 21 to add a Preamble to the City Charter that articulates the foundational purposes and principles 22 underlying the City’s governance structure; and 23 WHEREAS, the City Commission has publicly reviewed, considered, and directed that this 24 Ordinance be prepared and that the appropriate Charter Referendum question be included 25 herein and submitted to the qualified electors of the City of Boynton Beach, Florida, at the March 26 2026 General Municipal Election. 27 727 ORDINANCE NO. 25-037 08.17.25 (IG) Page 2 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 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: The City Charter is hereby revised to read as follows: 32 SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED 33 HEREIN BY REFERENCE 34 Section 3: The Ballot Title shall be as follows: 35 AMENDMENT TO CITY CHARTER – ADDITION OF PREAMBLE 36 Section 4: The following question shall be placed on the ballot for consideration by 37 the qualified electors of the City of Boynton Beach, Florida, at the March 2026 General Municipal 38 Election in Palm Beach County, Florida. The election ballot question shall read as follows: 39 Shall the City Charter be amended to add a Preamble establishing the foundational 40 purposes and principles of the City’s government, including protecting the general 41 health, welfare, and safety of residents and promoting honest, efficient, and 42 responsive government? 43 44 YES_____ NO_____ 45 46 Section 5: That should a majority of electors voting on the above-referenced 47 referendum election vote "YES," thereby approving the above ballot issue, the revised charter 48 language shall become a part of the Charter of the City of Boynton Beach, Florida. 49 728 ORDINANCE NO. 25-037 08.17.25 (IG) Page 3 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Section 6: The City Clerk is hereby directed to update and republish the City Charter 50 to incorporate any approved amendments, including: 51 (a) Affixing the appropriate article and section numbers and/or letters to conform the 52 Charter to the approved amendments; 53 (b) Making all necessary technical corrections to cross-references, table of contents, and 54 formatting; 55 (c) Coordinating with the City’s municipal code provider to update the Charter on the City's 56 municipal code website within thirty (30) days of certification of election results; and 57 (d) Filing the updated Charter with the Florida Department of State within the timeframe 58 required by law. 59 Section 7: The City Clerk of the City of Boynton Beach is hereby authorized and 60 directed to take all steps necessary to place this charter amendment on the ballot, including but 61 not limited to: 62 (a) Preparing and publishing all notices and advertisements required by Florida Statutes 63 Chapter 100, the City's Charter, and the City's Code of Ordinances; 64 (b) Coordinating with the Palm Beach County Supervisor of Elections to ensure the charter 65 amendment question is properly placed on the ballot; 66 (c) Providing the Supervisor of Elections with the ballot title and summary in the form and 67 timeframe required; 68 729 ORDINANCE NO. 25-037 08.17.25 (IG) Page 4 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. (d) Ensuring compliance with all applicable deadlines under state and local law; and 69 (e) Taking any and all other actions required to effectuate the referendum election. 70 Section 8: All Ordinance or parts of Ordinance in conflict herewith, be and the same 71 are repealed to the extent of such conflict. 72 Section 9: If any clause, section, or other part of this Ordinance shall be held by any 73 court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid 74 part shall be considered as eliminated and in no way affect the validity of the other provisions of 75 this Ordinance. 76 Section 10: This Ordinance shall become effective immediately upon execution by all 77 parties. 78 Section 11: Effective Date of Proposed Charter Amendments. The Proposed Charter 79 Amendments will take effect upon the affirmative vote of a majority of those electors voting in 80 the March 2026 election in the City of Boynton Beach. 81 82 83 730 ORDINANCE NO. 25-037 08.17.25 (IG) Page 5 of 6 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 – Aimee Kelley _____ _____ 93 94 Commissioner – Angela Cruz _____ _____ 95 96 Commissioner – Thomas Turkin _____ _____ 97 98 VOTE ______ 99 ATTEST: 100 101 _____________________________ 102 Maylee DeJesús, MMC Rebecca Shelton 103 City Clerk Mayor 104 105 APPROVED AS TO FORM: 106 (Corporate Seal) 107 108 109 Shawna G. Lamb 110 City Attorney 111 112 731 ORDINANCE NO. 25-037 08.17.25 (IG) Page 6 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. EXHIBIT “A” PREAMBLE 1 The citizens of the City of Boynton Beach, in order to protect the general health, welfare, and 2 safety of its residents, promote honest, efficient, and responsive government, hereby adopt a City 3 Charter in accordance with the Constitution and Statutes of the State of Florida. 4 5 732 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; 1 See Section 166.041(4)(c), Florida Statutes. An Ordinance of the City of Boynton Beach, Florida, Submitting to Referendum an Amendment to the City Charter; Adding a Preamble to the City Charter to Establish the Foundational Purposes and Principles Of City Governance; Providing for a Notice of an Advertisement of the Referendum Election to be Published in Accordance with the State of Florida Election Code; Providing that this Ordinance, when Adopted, Shall Be Submitted to the Qualified Electors of the City of Boynton Beach, Florida, on the March 2026 General Municipal Election Ballot and Shall Become Effective as Provided by Law; Providing for Conflicts, Severability, and an Effective Date. 733 Page 2 of 3 ☐ 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): The proposed Charter Preamble establishes the foundational purposes and guiding principles of the City of Boynton Beach’s government. It provides an introductory statement expressing the City’s core values and the intent behind its Charter provisions. Specifically, the preamble: Affirms the City’s commitment to protecting the general health, safety, and welfare of its residents; Expresses the principles of honest, efficient, and responsive governance as cen tral to municipal operations; and Formally recognizes that the Charter is adopted pursuant to the Florida Constitution and state law, grounding the City’s home rule authority in the broader framework of state government. While the preamble does not create new powers or legal obligations, it serves an important symbolic and interpretive role—articulating the civic philosophy that underlies all sections of the Charter. It provides context for understanding the City’s governmental structure, helps guide interpretation of the Charter in future legal or policy settings, and mirrors best practices in other Florida municipalities, including preambles to affirm their community values and purpose. In short, the preamble frames the City Charter as a document dedicated to good governance, community wellbeing, and accountability to the people 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: N/A 734 Page 3 of 3 (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: N/A 4. Additional information the governing body deems useful (if any): N/A 735 Proposed Ordinance No. 25-037 Ian Gregorchik, Assistant City Attorney November 4, 2025 1 736 2 737 Discussion and Vote 3 738 Proposed Ordinance No. 25-038 Ian Gregorchik, Assistant City Attorney November 4, 2025 4 739 Amendment: Charter Section 3 Current Requirement Candidates must reside in the city for one year prior to filing Proposed Change Add a requirement for continuous residence within the city for at least one (1) year prior to filing for office Key Benefits •Ensures candidates have sustained commitment to the community •Prevents last-minute residency claims •Clarifies eligibility standards 5 740 Discussion and Vote 6 741 Proposed Ordinance No. 25-039 Ian Gregorchik, Assistant City Attorney November 4, 2025 7 742 Key Changes •Increases terms of office for the Mayor and City Commissioners from three (3) to four (4) years,beginning with the March 2028 municipal election; •Clarifies what constitutes a "term" for purposes of enforcing term limits—specifically, that service of morethan one-half of a full term counts as a complete term; •Imposes a one-year "sit-out period" after any person serves two consecutive terms before becomingeligible to run again for any elective City office. •As written, Ordinance treats the office of Mayor and Commissioner the same for term limits. •Example:If Commissioner Smith completes 2 consecutive terms ending in March 2030, they cannot runfor Mayor or Commissioner again until the March 2032 election (after 1 year has passed). CURRENT TERMS PROPOSED CHANGES 3-year terms 4-year terms (begins 2028) 2 consecutive term limit 2 consecutive term limit remains Unclear “full term” definition Serving >1/2 term = full term No sit-out period 1-year sit-out required Implementation Timeline • March 2026 election: 3-year terms • March 2028 and beyond: 4-year terms Amendment: Charter Section 5 Benefits •Continuity of leadership •Reduces election frequency and cost 8 743 Discussion and Vote 9 744 Proposed Ordinance No. 25-040 Ian Gregorchik, Assistant City Attorney November 4, 2025 10 745 Key Changes Reaffirms the City's Commission/City Manager model of government, explicitly identifying the Mayor and Commission as the legislative and policy-making body; Requires a super-majority approval by the City Commission to appoint or remove the City Manager and City Attorney, ensuring stability in key leadership roles; Clarifies that all other City employees are hired, appointed, and discharged by the City Manager, with the appointment or discharge of Assistant City Managers subject to Commission confirmation; Defines the City Manager's administrative authority over all departments, personnel, and day-to-day operations; and Prohibits individual Commissioners from directing or interfering with staff, reinforcing professional management and ethical boundaries between policy and administration. Benefits • Promotes stability in key leadership positions • Reduces political interference in administration • Clarifies separation of policy from operations Amendment: Charter Section 20 11 746 Discussion and Vote 12 747 Proposed Ordinance No. 25-041 Ian Gregorchik, Assistant City Attorney November 4, 2025 13 748 Amendment: Language Modernization Updates to Multiple Charter Sections (8, 20, 23, 24, 40, 50, 52, 54, 55) •Replace:“he,” “him,” “his/her” •With:“they,” “them,” “their” or title roles Modernize Language • Include digital communication methods • Comply with current FL Statutes Notice Requirements Replaces gender-specific language (e.g., "he/his") with neutral terms throughout the Charter; Updates notice and publication requirements to comply with modern communication practices, allowing notices to be published electronically on the City's website as permitted by Florida Statutes; Makes minor grammatical and formatting corrections to ensure consistency and readability. Benefits This modernization package does not change the substance of City governance but aligns the Charter with contemporary standards of inclusivity, transparency, and statutory compliance, reducing ambiguity and improving public understanding. 14 749 Discussion and Vote 15 750 •Today - City Commission consideration of referendumordinances •First Reading - Commission adopts ordinances on first reading •Second Reading - Final passage of referendum ordinances •Notice & Publication - City Clerk advertises referendum per Florida Election Code •March 2026 - Votersdecide on approved amendments •Upon VoterApproval - Amendments become effective immediately •March 2028 - Four-year terms begin (if Amendment 3 approved) Important Notes • Each amendment is voted on separately - approval of one does not affect others • City Clerk will ensure proper ballot formatting and publication Implementation Timeline 16 751 City of Boynton Beach Agenda Item Request Form 10.C Regular Agenda 11/ 4/2025 Meeting Date: 11/ 4/2025 Proposed Ordinance No. 25-038 - First Reading, An Ordinance of the City of Boynton Beach, Florida, Submitting to Referendum Amendments to the City Charter; Amending Section 3 to Require Continuous Residence within the City for at Least One (1) Year Prior to Filing to Run for Office; Providing for a Notice of an Advertisement of the Referendum Election to be Published in Accordance with the State of Florida Election Code; Providing that this Ordinance, when Adopted, Shall be Submitted to the Qualified Electors of the City of Boynton Beach, Florida, on the March 2026 General Municipal Election Ballot and Shall Become Effective as Provided by Law; Providing for Conflicts, Severability, and an Effective Date. Requested Action: Staff recommends approval of Proposed Ordinance No. 25-038, at first reading. Explanation of Request: The Charter Review Committee (the "Committee") was established by Resolution No. R25- 195 of the City Commission of the City of Boynton Beach, Florida. This resolution authorized the formation of a five-member advisory committee to review and propose amendments to the City Charter. Members were appointed individually by the Mayor, Vice Mayor, and City Commissioners, representing a cross-section of professional experience and civic engagement. The Committee was charged with: 1. Reviewing the existing City Charter; 2. Considering proposed amendments prepared by the City Attorney’s Office; and 3. Recommending any additional modifications necessary to improve the Charter’s clarity, function, and responsiveness to the public interest. The Committee met regularly from August through October 2025 and received staff assistance from the City Attorney’s Office and City Clerk’s Office. All meetings were publicly noticed and conducted in accordance with the Florida Sunshine Law. 752 Based on its review, the Committee recommends adoption of the following proposed charter amendment: Section 3 -- Candidate Qualifications and Residency Requirements This amendment revises Section 3 (Composition, Election, Terms, Vacancies) of the City Charter to require that candidates for Mayor and City Commissioner must have resided continuously within the City of Boynton Beach for at least one (1) year prior to filing for office. The amendment: Clarifies candidate qualifications by explicitly requiring continuous residency within the City for a minimum of one year before qualifying to run; Ensures that candidates for district seats must also have resided continuously within their respective districts for at least one year prior to filing; Affirms age and elector requirements, maintaining that all candidates must be at least 21 years of age and qualified electors of the City; Reorganizes and modernizes section language for consistency and readability; and Reinforces accountability and community connection, ensuring that individuals seeking office have a sustained and genuine commitment to Boynton Beach and its neighborhoods. In practical effect, this amendment codifies the City’s expectation that elected officials should have meaningful, ongoing ties to the community they serve, while maintaining consistency with constitutional standards for candidate qualifications. How will this affect city programs or services? None. Budgeted Item: Yes Account Line Item and Description: None. Fiscal Impact: None. Attachments: Ord 25-038 Charter_Section_3_-_Final.docx Agenda Item 3918-2025 Business Impact Statement - Charter Section 3.docx Agenda Items 3917-3921 Charter Amendment Ordinances - Nov 4 Agenda.pptx 753 08.17.25 (IG) Page 1 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. ORDINANCE NO. 25-038 1 2 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 3 SUBMITTING TO REFERENDUM AMENDMENTS TO THE CITY 4 CHARTER; AMENDING SECTION 3 TO REQUIRE CONTINUOUS 5 RESIDENCE WITHIN THE CITY FOR AT LEAST ONE (1) YEAR PRIOR TO 6 FILING TO RUN FOR OFFICE; PROVIDING FOR A NOTICE OF AN 7 ADVERTISEMENT OF THE REFERENDUM ELECTION TO BE PUBLISHED 8 IN ACCORDANCE WITH THE STATE OF FLORIDA ELECTION CODE; 9 PROVIDING THAT THIS ORDINANCE, WHEN ADOPTED, SHALL BE 10 SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY OF BOYNTON 11 BEACH, FLORIDA, ON THE MARCH 2026 GENERAL MUNICIPAL 12 ELECTION BALLOT AND SHALL BECOME EFFECTIVE AS PROVIDED BY 13 LAW; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE 14 DATE. 15 16 WHEREAS, Chapter 166, Florida Statutes, as amended, provides for a methodology of 17 Charter amendments supplementary to and not in conflict with the Charter of the City of Boynton 18 Beach ("City"); and 19 WHEREAS, Chapter 166, Florida Statutes, as amended, provides that such an amendment 20 may be submitted to a referendum vote by the City Commission through the adoption of an 21 Ordinance calling for such a referendum election; and 22 WHEREAS, the City Commission has determined that it is in the best interest of the City 23 to modify the qualifications for elective offices to ensure candidates have a sustained 24 commitment to the community; and 25 WHEREAS, the City Commission has publicly reviewed, considered, and directed that this 26 Ordinance be prepared and that the appropriate Charter Referendum question be included 27 754 08.17.25 (IG) Page 2 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. herein and submitted to the qualified electors of the City of Boynton Beach, Florida, at the March 28 2026 General Municipal Election. 29 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 30 BOYNTON BEACH, FLORIDA: 31 Section 1: The foregoing “WHEREAS” clauses are hereby ratified as being true and 32 correct and are hereby made a specific part of this Ordinance upon adoption hereof. 33 Section 2: The City Charter is hereby revised to read as follows: 34 SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED 35 HEREIN BY REFERENCE 36 Section 3: The Ballot Title shall be as follows: 37 AMENDMENT TO CITY CHARTER – CANDIDATE 38 QUALIFICATIONS FOR ELECTIVE OFFICES 39 Section 4: The following question shall be placed on the ballot for consideration by 40 the qualified electors of the City of Boynton Beach, Florida, at the March 2026 General Municipal 41 Election in Palm Beach County, Florida. The election ballot question shall read as follows: 42 Shall the City Charter be amended to require that candidates have resided 43 continuously within the City for at least one (1) year prior to filing for office? 44 45 YES_____ NO_____ 46 47 755 08.17.25 (IG) Page 3 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Section 5: That should a majority of electors voting on the above-referenced 48 referendum election vote "YES," thereby approving the above ballot issue, the revised charter 49 language shall become a part of the Charter of the City of Boynton Beach, Florida. 50 Section 6: The City Clerk is hereby directed to update and republish the City Charter 51 to incorporate any approved amendments, including: 52 (a) Affixing the appropriate article and section numbers and/or letters to conform the 53 Charter to the approved amendments; 54 (b) Making all necessary technical corrections to cross-references, table of contents, and 55 formatting; 56 (c) Coordinating with the City’s municipal code provider to update the Charter on the City's 57 municipal code website within thirty (30) days of certification of election results; and 58 (d) Filing the updated Charter with the Florida Department of State within the timeframe 59 required by law. 60 Section 7: The City Clerk of the City of Boynton Beach is hereby authorized and 61 directed to take all steps necessary to place this charter amendment on the ballot, including but 62 not limited to: 63 (a) Preparing and publishing all notices and advertisements required by Florida Statutes 64 Chapter 100, the City's Charter, and the City's Code of Ordinances; 65 756 08.17.25 (IG) Page 4 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. (b) Coordinating with the Palm Beach County Supervisor of Elections to ensure the charter 66 amendment question is properly placed on the ballot; 67 (c) Providing the Supervisor of Elections with the ballot title and summary in the form and 68 timeframe required; 69 (d) Ensuring compliance with all applicable deadlines under state and local law; and 70 (e) Taking any and all other actions required to effectuate the referendum election. 71 Section 8: All Ordinance or parts of Ordinance in conflict herewith, be and the same 72 are repealed to the extent of such conflict. 73 Section 9: If any clause, section, or other part of this Ordinance shall be held by any 74 court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid 75 part shall be considered as eliminated and in no way affect the validity of the other provisions of 76 this Ordinance. 77 Section 10: This Ordinance shall become effective immediately upon execution by all 78 parties. 79 Section 11: Effective Date of Proposed Charter Amendments. The Proposed Charter 80 Amendments will take effect upon the affirmative vote of a majority of those electors voting in 81 the March 2026 election in the City of Boynton Beach. 82 83 (REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK) 84 757 08.17.25 (IG) Page 5 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. FIRST READING this ______ day of ___________, 2025. 85 SECOND, FINAL READING AND PASSAGE this ______ day of _______, 2025. 86 CITY OF BOYNTON BEACH, FLORIDA 87 YES NO 88 89 Mayor – Rebecca Shelton _____ _____ 90 91 Vice Mayor – Woodrow L. Hay _____ _____ 92 93 Commissioner – Aimee Kelley _____ _____ 94 95 Commissioner – Angela Cruz _____ _____ 96 97 Commissioner – Thomas Turkin _____ _____ 98 99 VOTE ______ 100 ATTEST: 101 102 _____________________________ 103 Maylee DeJesús, MMC Rebecca Shelton 104 City Clerk Mayor 105 106 APPROVED AS TO FORM: 107 (Corporate Seal) 108 109 110 Shawna G. Lamb 111 City Attorney 112 113 758 08.17.25 (IG) Page 6 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. EXHIBIT “A” Sec. 3. Composition, election, terms, vacancies. 1 (a) In order to qualify for the office of Mayor, a candidate must be a qualified elector of the 2 City of Boynton Beach and have resided continuously within the City for a period of not 3 less than one (1) year prior to filing for office, and who shall have attained the age of 4 twenty-one (21) years on or before the date the candidate files and qualifies for office. 5 The Mayor of the City of Boynton Beach may reside in any of the four (4) election districts 6 and shall be elected by a city-wide vote. 7 (b) There shall be a City Commission of four (4) members elected from each of the four (4) 8 election districts within the City, and a Mayor who is elected by a city-wide vote. Each 9 City Commissioner and each candidate for City Commissioner shall reside in the election 10 district from which he or she is (to be) elected at the time of the election. A candidate for 11 a Commission district seat must reside, for a period of not less than one (1) year 12 continuously prior to filing for election in the district from which the candidate seeks 13 election. Voters shall vote for only one (1) candidate in each election district in which the 14 voter resides, and one (1) candidate for Mayor. 15 (c) Qualifications for City Commissioners. Only qualified electors who have resided 16 continuously in the City of Boynton Beach for at least one (1) year immediately prior to 17 the election and who shall have attained the age of twenty-one (21) years on or before 18 the date the candidate files and qualifies as a candidate for office shall be eligible to hold 19 the office of City Commissioner. Each Commissioner and each candidate for 20 Commissioner, commencing with the election in March 2014 shall be elected from the 21 election district in which he or she they resides, subject to the fifty percent (50%) plus 22 one rule and runoff procedures set forth in the City Charter. Once elected, a 23 Commissioner from an election district shall remain a resident of the election district and 24 the City of Boynton Beach during his/her their term of office or shall forfeit his/her their 25 office. 26 *** 27 759 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; 1 See Section 166.041(4)(c), Florida Statutes. An Ordinance of the City of Boynton Beach, Florida, Submitting to Referendum Amendments to the City Charter; Amending Section 3 to Require Continuous Residence within the City for at Least One (1) Year Prior to Filing to Run for Office; Providing for a Notice of an Advertisement of the Referendum Election to be Published in Accordance with the State of Florida Election Code; Providing that this Ordinance, when Adopted, Shall be Submitted to the Qualified Electors of the City of Boynton Beach, Florida, on the March 2026 General Municipal Election Ballot and Shall Become Effective as Provided by Law; Providing for Conflicts, Severability, and an Effective Date. 760 Page 2 of 3 ☐ 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): Section 3 -- Candidate Qualifications and Residency Requirements This amendment revises Section 3 (Composition, Election, Terms, Vacancies) of the City Charter to require that candidates for Mayor and City Commissioner must have resided continuously within the City of Boynton Beach for at least one (1) year prior to filing for office. The amendment: Clarifies candidate qualifications by explicitly requiring continuous residency within the City for a minimum of one year before qualifying to run; Ensures that candidates for district seats must also have resided continuously within their respective districts for at least one year prior to filing; Affirms age and elector requirements, maintaining that all candid ates must be at least 21 years of age and qualified electors of the City; Reorganizes and modernizes section language for consistency and readability; and Reinforces accountability and community connection, ensuring that individuals seeking office have a sustained and genuine commitment to Boynton Beach and its neighborhoods. In practical effect, this amendment codifies the City’s expectation that elected officials should have meaningful, ongoing ties to the community they serve, while maintaining consistency with constitutional standards for candidate qualifications. 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 761 Page 3 of 3 (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: N/A 4. Additional information the governing body deems useful (if any): N/A 762 Proposed Ordinance No. 25-037 Ian Gregorchik, Assistant City Attorney November 4, 2025 1 763 2 764 Discussion and Vote 3 765 Proposed Ordinance No. 25-038 Ian Gregorchik, Assistant City Attorney November 4, 2025 4 766 Amendment: Charter Section 3 Current Requirement Candidates must reside in the city for one year prior to filing Proposed Change Add a requirement for continuous residence within the city for at least one (1) year prior to filing for office Key Benefits •Ensures candidates have sustained commitment to the community •Prevents last-minute residency claims •Clarifies eligibility standards 5 767 Discussion and Vote 6 768 Proposed Ordinance No. 25-039 Ian Gregorchik, Assistant City Attorney November 4, 2025 7 769 Key Changes •Increases terms of office for the Mayor and City Commissioners from three (3) to four (4) years,beginning with the March 2028 municipal election; •Clarifies what constitutes a "term" for purposes of enforcing term limits—specifically, that service of morethan one-half of a full term counts as a complete term; •Imposes a one-year "sit-out period" after any person serves two consecutive terms before becomingeligible to run again for any elective City office. •As written, Ordinance treats the office of Mayor and Commissioner the same for term limits. •Example:If Commissioner Smith completes 2 consecutive terms ending in March 2030, they cannot runfor Mayor or Commissioner again until the March 2032 election (after 1 year has passed). CURRENT TERMS PROPOSED CHANGES 3-year terms 4-year terms (begins 2028) 2 consecutive term limit 2 consecutive term limit remains Unclear “full term” definition Serving >1/2 term = full term No sit-out period 1-year sit-out required Implementation Timeline • March 2026 election: 3-year terms • March 2028 and beyond: 4-year terms Amendment: Charter Section 5 Benefits •Continuity of leadership •Reduces election frequency and cost 8 770 Discussion and Vote 9 771 Proposed Ordinance No. 25-040 Ian Gregorchik, Assistant City Attorney November 4, 2025 10 772 Key Changes Reaffirms the City's Commission/City Manager model of government, explicitly identifying the Mayor and Commission as the legislative and policy-making body; Requires a super-majority approval by the City Commission to appoint or remove the City Manager and City Attorney, ensuring stability in key leadership roles; Clarifies that all other City employees are hired, appointed, and discharged by the City Manager, with the appointment or discharge of Assistant City Managers subject to Commission confirmation; Defines the City Manager's administrative authority over all departments, personnel, and day-to-day operations; and Prohibits individual Commissioners from directing or interfering with staff, reinforcing professional management and ethical boundaries between policy and administration. Benefits • Promotes stability in key leadership positions • Reduces political interference in administration • Clarifies separation of policy from operations Amendment: Charter Section 20 11 773 Discussion and Vote 12 774 Proposed Ordinance No. 25-041 Ian Gregorchik, Assistant City Attorney November 4, 2025 13 775 Amendment: Language Modernization Updates to Multiple Charter Sections (8, 20, 23, 24, 40, 50, 52, 54, 55) •Replace:“he,” “him,” “his/her” •With:“they,” “them,” “their” or title roles Modernize Language • Include digital communication methods • Comply with current FL Statutes Notice Requirements Replaces gender-specific language (e.g., "he/his") with neutral terms throughout the Charter; Updates notice and publication requirements to comply with modern communication practices, allowing notices to be published electronically on the City's website as permitted by Florida Statutes; Makes minor grammatical and formatting corrections to ensure consistency and readability. Benefits This modernization package does not change the substance of City governance but aligns the Charter with contemporary standards of inclusivity, transparency, and statutory compliance, reducing ambiguity and improving public understanding. 14 776 Discussion and Vote 15 777 •Today - City Commission consideration of referendumordinances •First Reading - Commission adopts ordinances on first reading •Second Reading - Final passage of referendum ordinances •Notice & Publication - City Clerk advertises referendum per Florida Election Code •March 2026 - Votersdecide on approved amendments •Upon VoterApproval - Amendments become effective immediately •March 2028 - Four-year terms begin (if Amendment 3 approved) Important Notes • Each amendment is voted on separately - approval of one does not affect others • City Clerk will ensure proper ballot formatting and publication Implementation Timeline 16 778 City of Boynton Beach Agenda Item Request Form 10.D Regular Agenda 11/ 4/2025 Meeting Date: 11/ 4/2025 Proposed Ordinance No. 25-039- First Reading, An Ordinance of the City of Boynton Beach, Florida, Submitting to Referendum Amendments to the City Charter; Amending Section 5 to Increase the Term of Elective Offices from Three (3) Years to Four (4) Years; to Clarify What Constitutes a Term for Purposes of Term Limits; to Provide for a Mandatory Sit-Out Period; Providing for a Notice of an Advertisement of the Referendum Election to be Published in Accordance with the State of Florida Election Code; Providing that this Ordinance, when Adopted, Shall be Submitted to the Qualified Electors of the City of Boynton Beach, Florida, on the March 2026 General Municipal Election Ballot and Shall Become Effective as Provided By Law; Providing for Conflicts, Severability, and an Effective Date. Requested Action: Staff recommends approval of Proposed Ordinance No. 25-039, at first reading. Explanation of Request: The Charter Review Committee (the "Committee") was established by Resolution No. R25- 195 of the City Commission of the City of Boynton Beach, Florida. This resolution authorized the formation of a five-member advisory committee to review and propose amendments to the City Charter. Members were appointed individually by the Mayor, Vice Mayor, and City Commissioners, representing a cross-section of professional experience and civic engagement. The Committee was charged with: 1. Reviewing the existing City Charter; 2. Considering proposed amendments prepared by the City Attorney’s Office; and 3. Recommending any additional modifications necessary to improve the Charter’s clarity, function, and responsiveness to the public interest. The Committee met regularly from August through October 2025 and received staff assistance from the City Attorney’s Office and City Clerk’s Office. All meetings were publicly noticed and conducted in accordance with the Florida Sunshine Law. 779 Based on its review, the Committee recommends adoption of the following proposed charter amendment: Section 5 -- Terms of Office and Term Limits The amendment: Increases terms of office for the Mayor and City Commissioners from three (3) to four (4) years, beginning with the March 2028 municipal election; Clarifies what constitutes a "term" for purposes of enforcing term limits—specifically, that service of more than one-half of a full term counts as a complete term; Imposes a one-year "sit-out period" after any person serves two consecutive terms before becoming eligible to run again for any elective City office; and Harmonizes all related provisions to align future elections with the new four-year cycle. Implementation Timeline : Persons elected in the March 2026 election will serve three-year terms to align the election cycle. Beginning with the March 2028 election, all terms will be four years. Effect: This change provides more continuity in governance, reduces election frequency and cost, and ensures fairness and clarity in applying term-limit rules while maintaining opportunities for new leadership. The Committee also reviewed the eligibility criteria for service on the City Commission: Residency Requirements: Based on legal guidance from the City Attorney’s September 2, 2025, memorandum, the Committee determined that durational residency rules longer than one year may raise constitutional issues under the Equal Protection and Privileges and Immunities Clauses. The Committee, therefore, recommended clarifying the existing residency provision rather than lengthening it to ensure defensibility and prevent potential litigation. Age Requirements: As noted in the City Attorney’s September 3, 2025, memorandum, the Committee considered whether to raise age qualifications for candidates but concluded that doing so could present constitutional risks. The Committee recognized that modest age requirements rationally related to ensuring maturity and fiscal responsibility are legally permissible but should not unduly restrict voter choice. After deliberation and consideration of research regarding adolescent brain development and fiscal maturity, the Committee voted 3-1 to maintain the current age requirement of 21 years. One committee member preferred to raise the age to 25 years based on research indicating 780 that brain development, particularly regarding long-term planning and fiscal decision-making, continues into the mid-twenties. However, the majority concluded that the current 21-year age requirement appropriately balances maturity considerations with voter choice and constitutional principles. How will this affect city programs or services? None Budgeted Item: Yes Account Line Item and Description: None Fiscal Impact: None Attachments: Ord 25-039 Charter_Section_5_-_Final.docx Agenda Item 3919-2025 Business Impact Statement - Charter Section 5.docx Agenda Items 3917-3921 Charter Amendment Ordinances - Nov 4 Agenda.pptx 781 08.17.25 (IG) Page 1 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. ORDINANCE NO. 25-039 1 2 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 3 SUBMITTING TO REFERENDUM AMENDMENTS TO THE CITY 4 CHARTER; AMENDING SECTION 5 TO INCREASE THE TERM OF 5 ELECTIVE OFFICES FROM THREE (3) YEARS TO FOUR (4) YEARS; TO 6 CLARIFY WHAT CONSTITUTES A TERM FOR PURPOSES OF TERM 7 LIMITS; TO PROVIDE FOR A MANDATORY SIT-OUT PERIOD; 8 PROVIDING FOR A NOTICE OF AN ADVERTISEMENT OF THE 9 REFERENDUM ELECTION TO BE PUBLISHED IN ACCORDANCE WITH 10 THE STATE OF FLORIDA ELECTION CODE; PROVIDING THAT THIS 11 ORDINANCE, WHEN ADOPTED, SHALL BE SUBMITTED TO THE 12 QUALIFIED ELECTORS OF THE CITY OF BOYNTON BEACH, FLORIDA, 13 ON THE MARCH 2026 GENERAL MUNICIPAL ELECTION BALLOT AND 14 SHALL BECOME EFFECTIVE AS PROVIDED BY LAW; PROVIDING FOR 15 CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. 16 17 WHEREAS, Chapter 166, Florida Statutes, as amended, provides for a methodology of 18 Charter amendments supplementary to and not in conflict with the Charter of the City of Boynton 19 Beach ("City"); and 20 WHEREAS, Chapter 166, Florida Statutes, as amended, provides that such an amendment 21 may be submitted to a referendum vote by the City Commission through the adoption of an 22 Ordinance calling for such a referendum election; and 23 WHEREAS, the City Commission has determined that it is in the best interest of the City 24 to modify the term limits and length of terms for elective offices to better serve the citizens of 25 Boynton Beach; and 26 WHEREAS, the City Commission has publicly reviewed, considered, and directed that this 27 Ordinance be prepared and that the appropriate Charter Referendum question be included 28 782 08.17.25 (IG) Page 2 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. herein and submitted to the qualified electors of the City of Boynton Beach, Florida, at the March 29 2026 General Municipal Election. 30 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 31 BOYNTON BEACH, FLORIDA: 32 Section 1: The foregoing “WHEREAS” clauses are hereby ratified as being true and 33 correct and are hereby made a specific part of this Ordinance upon adoption hereof. 34 Section 2: The City Charter is hereby revised to read as follows: 35 SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED 36 HEREIN BY REFERENCE 37 Section 3: The Ballot Title shall be as follows: 38 AMENDMENT TO CITY CHARTER - ELECTIVE OFFICE TERMS 39 AND CLARIFY TERM LIMITS 40 Section 4: The following question shall be placed on the ballot for consideration by 41 the qualified electors of the City of Boynton Beach, Florida, at the March 2026 General Municipal 42 Election in Palm Beach County, Florida. The election ballot question shall read as follows: 43 Shall the City Charter be amended to: (1) increase the term of elective offices (Mayor 44 and Commission members) from three (3) years to four (4) years; (2) clarify that 45 serving more than one-half (1/2) of a full term constitutes a complete term for 46 purposes of term limits; and (3) require a mandatory sit -out period of one (1) year 47 for any person who has served more than two (2) consecutive terms before being 48 eligible to run again for any elective office? 49 50 YES_____ NO_____ 51 783 08.17.25 (IG) Page 3 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Section 5: That should a majority of electors voting on the above-referenced 52 referendum election vote "YES," thereby approving the above ballot issue, the revised charter 53 language shall become a part of the Charter of the City of Boynton Beach, Florida. 54 Section 6: The City Clerk is hereby directed to update and republish the City Charter 55 to incorporate any approved amendments, including: 56 (a) Affixing the appropriate article and section numbers and/or letters to conform the 57 Charter to the approved amendments; 58 (b) Making all necessary technical corrections to cross-references, table of contents, and 59 formatting; 60 (c) Coordinating with the City’s municipal code provider to update the Charter on the City's 61 municipal code website within thirty (30) days of certification of election results; and 62 (d) Filing the updated Charter with the Florida Department of State within the timeframe 63 required by law. 64 Section 7: The City Clerk of the City of Boynton Beach is hereby authorized and 65 directed to take all steps necessary to place this charter amendment on the ballot, including but 66 not limited to: 67 (a) Preparing and publishing all notices and advertisements required by Florida Statutes 68 Chapter 100, the City's Charter, and the City's Code of Ordinances; 69 784 08.17.25 (IG) Page 4 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. (b) Coordinating with the Palm Beach County Supervisor of Elections to ensure the charter 70 amendment question is properly placed on the ballot; 71 (c) Providing the Supervisor of Elections with the ballot title and summary in the form and 72 timeframe required; 73 (d) Ensuring compliance with all applicable deadlines under state and local law; and 74 (e) Taking any and all other actions required to effectuate the referendum election. 75 Section 8: All Ordinance or parts of Ordinance in conflict herewith, be and the same 76 are repealed to the extent of such conflict. 77 Section 9: If any clause, section, or other part of this Ordinance shall be held by any 78 court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid 79 part shall be considered as eliminated and in no way affect the validity of the other provisions of 80 this Ordinance. 81 Section 10: This Ordinance shall become effective immediately upon execution by all 82 parties. 83 Section 11: Effective Date of Proposed Charter Amendments. The Proposed Charter 84 Amendments will take effect upon the affirmative vote of a majority of those electors voting in 85 the March 2026 election in the City of Boynton Beach. 86 87 (REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK) 88 785 08.17.25 (IG) Page 5 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. FIRST READING this ______ day of ___________, 2025. 89 SECOND, FINAL READING AND PASSAGE this ______ day of _______, 2025. 90 CITY OF BOYNTON BEACH, FLORIDA 91 YES NO 92 93 Mayor – Rebecca Shelton _____ _____ 94 95 Vice Mayor – Woodrow L. Hay _____ _____ 96 97 Commissioner – Aimee Kelley _____ _____ 98 99 Commissioner – Angela Cruz _____ _____ 100 101 Commissioner – Thomas Turkin _____ _____ 102 103 VOTE ______ 104 ATTEST: 105 106 _____________________________ 107 Maylee DeJesús, MMC Rebecca Shelton 108 City Clerk Mayor 109 110 APPROVED AS TO FORM: 111 (Corporate Seal) 112 113 114 Shawna G. Lamb 115 City Attorney 116 117 786 08.17.25 (IG) Page 6 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. EXHIBIT “A” Sec. 5. Terms of elective offices. (a)All elective offices shall be for the a term of three (3) four (4) years, and no person 1 shall be eligible to hold any elective office for more than two (2) consecutive terms. For 2 purposes of this section, elective office shall include both mayor and commission 3 member. 4 (b) Implementation of four-year terms: Beginning with offices elected in the March 2028 5 municipal election, each person elected shall serve a four (4) year term. Persons holding 6 elective office at the time of adoption of this amendment, and persons elected during 7 the March 2026 municipal election, shall serve a three (3) year term to align future 8 elections with the four-year cycle. 9 (c) For purposes of term limits under subsection (a), a person shall be deemed to have 10 served a full term if (as such person serves more than one-half (1/2) of an elective term. 11 (d) Any person who serves more than two (2) consecutive terms in any elective office 12 shall not be eligible to run for or hold any elective office until at least one (1) year has 13 elapsed from the expiration of their last term of office. This mandatory sit-out period 14 applies regardless of whether the person seeks the same office or a different elective 15 office. 16 (be) The resignation from, or forfeiture of, an elective office during any part of an three 17 (3) year elective term shall be deemed to constitute a full and complete term under the 18 provisions of this section. 19 (f) Terms served prior to the effective date of this amendment shall count toward the 20 consecutive term limits established herein. A person may move between the offices of 21 mayor and commission member without the change in office constituting a break in 22 consecutive service for term limit purposes. 23 787 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 of Boynton Beach, Florida, Submitting to Referendum Amendments to the City Charter; Amending Section 5 to Increase the Term of Elective Offices from Three (3) Years to Four (4) Years; to Clarify What Constitutes a Term for Purposes of Term Limits; to Provide for a Mandatory Sit-Out Period; Providing for a Notice of an Advertisement of the Referendum Election to be Published in Accordance with the State of Florida Election Code; Providing that this Ordinance, when Adopted, Shall be Submitted to the Qualified Electors of the City of Boynton Beach, Florida, on the March 2026 General Municipal Election Ballot and Shall Become Effective as Provided By Law; Providing for Conflicts, Severability, and an Effective Date. 788 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): Section 5 -- Terms of Office and Term Limits The amendment: Increases terms of office for the Mayor and City Commissioners from three (3) to four (4) years, beginning with the March 2028 municipal election; Clarifies what constitutes a "term" for purposes of enforcing term limits —specifically, that service of more than one-half of a full term counts as a complete term; Imposes a one-year "sit-out period" after any person serves two consecutive terms before becoming eligible to run again for any elective City office; and Harmonizes all related provisions to align future elections with the new four -year cycle. Implementation Timeline: Persons elected in the March 2026 election will serve three - year terms to align the election cycle. Beginning with the March 2028 election, all terms will be four years. Effect: This change provides more continuity in governance, redu ces election frequency and cost, and ensures fairness and clarity in applying term -limit rules while maintaining opportunities for new leadership. The Committee also reviewed the eligibility criteria for service on the City Commission: Residency Requirements: Based on legal guidance from the City Attorney’s September 2, 2025, memorandum, the Committee determined that durational residency rules longer than one year may raise constitutional issues under the Equal Protection and Privileges and Immunities Clauses. The Committee, therefore, recommended clarifying the existing residency provision rather than lengthening it to ensure defensibility and prevent potential litigation. 789 Page 3 of 3 Age Requirements: As noted in the City Attorney’s September 3, 2025, memora ndum, the Committee considered whether to raise age qualifications for candidates but concluded that doing so could present constitutional risks. The Committee recognized that modest age requirements rationally related to ensuring maturity and fiscal responsibility are legally permissible but should not unduly restrict voter choice. After deliberation and consideration of research regarding adolescent brain development and fiscal maturity, the Committee voted 3-1 to maintain the current age requirement of 21 years. One committee member preferred to raise the age to 25 years based on research indicating that brain development, particularly regarding long-term planning and fiscal decision-making, continues into the mid-twenties. However, the majority concluded that the current 21-year age requirement appropriately balances maturity considerations with voter choice and constitutional principles. 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: N/A 4. Additional information the governing body deems useful (if any): N/A 790 Proposed Ordinance No. 25-037 Ian Gregorchik, Assistant City Attorney November 4, 2025 1 791 2 792 Discussion and Vote 3 793 Proposed Ordinance No. 25-038 Ian Gregorchik, Assistant City Attorney November 4, 2025 4 794 Amendment: Charter Section 3 Current Requirement Candidates must reside in the city for one year prior to filing Proposed Change Add a requirement for continuous residence within the city for at least one (1) year prior to filing for office Key Benefits •Ensures candidates have sustained commitment to the community •Prevents last-minute residency claims •Clarifies eligibility standards 5 795 Discussion and Vote 6 796 Proposed Ordinance No. 25-039 Ian Gregorchik, Assistant City Attorney November 4, 2025 7 797 Key Changes •Increases terms of office for the Mayor and City Commissioners from three (3) to four (4) years,beginning with the March 2028 municipal election; •Clarifies what constitutes a "term" for purposes of enforcing term limits—specifically, that service of morethan one-half of a full term counts as a complete term; •Imposes a one-year "sit-out period" after any person serves two consecutive terms before becomingeligible to run again for any elective City office. •As written, Ordinance treats the office of Mayor and Commissioner the same for term limits. •Example:If Commissioner Smith completes 2 consecutive terms ending in March 2030, they cannot runfor Mayor or Commissioner again until the March 2032 election (after 1 year has passed). CURRENT TERMS PROPOSED CHANGES 3-year terms 4-year terms (begins 2028) 2 consecutive term limit 2 consecutive term limit remains Unclear “full term” definition Serving >1/2 term = full term No sit-out period 1-year sit-out required Implementation Timeline • March 2026 election: 3-year terms • March 2028 and beyond: 4-year terms Amendment: Charter Section 5 Benefits •Continuity of leadership •Reduces election frequency and cost 8 798 Discussion and Vote 9 799 Proposed Ordinance No. 25-040 Ian Gregorchik, Assistant City Attorney November 4, 2025 10 800 Key Changes Reaffirms the City's Commission/City Manager model of government, explicitly identifying the Mayor and Commission as the legislative and policy-making body; Requires a super-majority approval by the City Commission to appoint or remove the City Manager and City Attorney, ensuring stability in key leadership roles; Clarifies that all other City employees are hired, appointed, and discharged by the City Manager, with the appointment or discharge of Assistant City Managers subject to Commission confirmation; Defines the City Manager's administrative authority over all departments, personnel, and day-to-day operations; and Prohibits individual Commissioners from directing or interfering with staff, reinforcing professional management and ethical boundaries between policy and administration. Benefits • Promotes stability in key leadership positions • Reduces political interference in administration • Clarifies separation of policy from operations Amendment: Charter Section 20 11 801 Discussion and Vote 12 802 Proposed Ordinance No. 25-041 Ian Gregorchik, Assistant City Attorney November 4, 2025 13 803 Amendment: Language Modernization Updates to Multiple Charter Sections (8, 20, 23, 24, 40, 50, 52, 54, 55) •Replace:“he,” “him,” “his/her” •With:“they,” “them,” “their” or title roles Modernize Language • Include digital communication methods • Comply with current FL Statutes Notice Requirements Replaces gender-specific language (e.g., "he/his") with neutral terms throughout the Charter; Updates notice and publication requirements to comply with modern communication practices, allowing notices to be published electronically on the City's website as permitted by Florida Statutes; Makes minor grammatical and formatting corrections to ensure consistency and readability. Benefits This modernization package does not change the substance of City governance but aligns the Charter with contemporary standards of inclusivity, transparency, and statutory compliance, reducing ambiguity and improving public understanding. 14 804 Discussion and Vote 15 805 •Today - City Commission consideration of referendumordinances •First Reading - Commission adopts ordinances on first reading •Second Reading - Final passage of referendum ordinances •Notice & Publication - City Clerk advertises referendum per Florida Election Code •March 2026 - Votersdecide on approved amendments •Upon VoterApproval - Amendments become effective immediately •March 2028 - Four-year terms begin (if Amendment 3 approved) Important Notes • Each amendment is voted on separately - approval of one does not affect others • City Clerk will ensure proper ballot formatting and publication Implementation Timeline 16 806 City of Boynton Beach Agenda Item Request Form 10.E Regular Agenda 11/ 4/2025 Meeting Date: 11/ 4/2025 Proposed Ordinance No. 25-040 - First Reading, An Ordinance of the City of Boynton Beach, Florida, Submitting to Referendum Amendments to the City Charter; Amending Section 20 to Clarify the Form of Government, Require a Super Majority Vote for the Appointment and Removal of the City Manager and City Attorney, and Clarifying the Duties and Responsibilities of the City Manager and Commissioners; Providing for a Notice of an Advertisement of the Referendum Election to be Published in Accordance with the State of Florida Election Code; Providing that this Ordinance, when Adopted, Shall be Submitted to the Qualified Electors of the City of Boynton Beach, Florida, on the March 2026 General Municipal Election Ballot and Shall Become Effective as Provided by Law; Providing for Conflicts, Severability, and an Effective Date. Requested Action: Staff recommends approval of Proposed Ordinance No. 25-040, at first reading. Explanation of Request: The Charter Review Committee (the "Committee") was established by Resolution No. R25- 195 of the City Commission of the City of Boynton Beach, Florida. This resolution authorized the formation of a five-member advisory committee to review and propose amendments to the City Charter. Members were appointed individually by the Mayor, Vice Mayor, and City Commissioners, representing a cross-section of professional experience and civic engagement. The Committee was charged with: 1. Reviewing the existing City Charter; 2. Considering proposed amendments prepared by the City Attorney’s Office; and 3. Recommending any additional modifications necessary to improve the Charter’s clarity, function, and responsiveness to the public interest. The Committee met regularly from August through October 2025 and received staff assistance from the City Attorney’s Office and City Clerk’s Office. All meetings were publicly noticed and conducted in accordance with the Florida Sunshine Law. 807 Based on its review, the Committee recommends adoption of the following proposed charter amendment: Section 20 -- Form of Government and Administrative Structure This amendment modernizes and clarifies Section 20 (General Provisions) to better define the Commission/City Manager form of government and delineate the respective responsibilities of elected officials and the administration. The amendment: Reaffirms the City’s Commission/City Manager model of government, explicitly identifying the Mayor and Commission as the legislative and policymaking body; Requires a super-majority approval by the City Commission to appoint or remove the City Manager and City Attorney, ensuring stability in key leadership roles; Clarifies that all other City employees are hired, appointed, and discharged by the City Manager, with the appointment or discharge of Assistant City Managers subject to Commission confirmation; Defines the City Manager’s administrative authority over all departments, personnel, and day-to-day operations; and Prohibits individual Commissioners from directing or interfering with staff, reinforcing professional management and ethical boundaries between policy and administration. Effect: This amendment strengthens the separation between governance and administration, enhances professional accountability, and protects against undue political influence in personnel decisions. How will this affect city programs or services? None Budgeted Item: Yes Account Line Item and Description: None Fiscal Impact: None Attachments: Ord 25-040 Charter_Section_20_-_Final__002_ (1).docx Agenda Item 3920-2025 Business Impact Statement - Charter Section 20.docx Agenda Items 3917-3921 Charter Amendment Ordinances - Nov 4 Agenda.pptx 808 08.17.25 (IG) Page 1 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. ORDINANCE NO. 25-040 1 2 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 3 SUBMITTING TO REFERENDUM AMENDMENTS TO THE CITY 4 CHARTER; AMENDING SECTION 20 TO CLARIFY THE FORM OF 5 GOVERNMENT, REQUIRE A SUPER MAJORITY VOTE FOR THE 6 APPOINTMENT AND REMOVAL OF THE CITY MANAGER AND CITY 7 ATTORNEY, AND CLARIFYING THE DUTIES AND RESPONSIBILITIES OF 8 THE CITY MANAGER AND COMMISSIONERS; PROVIDING FOR A 9 NOTICE OF AN ADVERTISEMENT OF THE REFERENDUM ELECTION TO 10 BE PUBLISHED IN ACCORDANCE WITH THE STATE OF FLORIDA 11 ELECTION CODE; PROVIDING THAT THIS ORDINANCE, WHEN 12 ADOPTED, SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF 13 THE CITY OF BOYNTON BEACH, FLORIDA, ON THE MARCH 2026 14 GENERAL MUNICIPAL ELECTION BALLOT AND SHALL BECOME 15 EFFECTIVE AS PROVIDED BY LAW; PROVIDING FOR CONFLICTS, 16 SEVERABILITY, AND AN EFFECTIVE DATE. 17 18 WHEREAS, Chapter 166, Florida Statutes, as amended, provides for a methodology of 19 Charter amendments supplementary to and not in conflict with the Charter of the City of Boynton 20 Beach ("City"); and 21 WHEREAS, Chapter 166, Florida Statutes, as amended, provides that such an amendment 22 may be submitted to a referendum vote by the City Commission through the adoption of an 23 Ordinance calling for such a referendum election; and 24 WHEREAS, the City Commission has determined that it is in the best interest of the City 25 to clarify the form of government, strengthen the appointment and removal processes for key 26 administrative positions, and better define the roles and responsibilities of elected officials; and 27 809 08.17.25 (IG) Page 2 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. WHEREAS, the City Commission has publicly reviewed, considered, and directed that this 28 Ordinance be prepared and that the appropriate Charter Referendum question be included 29 herein and submitted to the qualified electors of the City of Boynton Beach, Florida, at the March 30 2026 General Municipal Election. 31 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 32 BOYNTON BEACH, FLORIDA: 33 Section 1: The foregoing “WHEREAS” clauses are hereby ratified as being true and 34 correct and are hereby made a specific part of this Ordinance upon adoption hereof. 35 Section 2: The City Charter is hereby revised to read as follows: 36 SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED 37 HEREIN BY REFERENCE 38 39 Section 3: The Ballot Title shall be as follows: 40 AMENDMENT TO CITY CHARTER – CLARIFYING FORM OF 41 GOVERNMENT, DUTIES AND RESPONSIBILITIES, AND 42 ADMINISTRATIVE PROVISIONS 43 44 Section 4: The following question shall be placed on the ballot for consideration by 45 the qualified electors of the City of Boynton Beach, Florida, at the March 2026 General Municipal 46 Election in Palm Beach County, Florida. The election ballot question shall read as follows: 47 Shall the City Charter be amended to: (1) clarify the Commission/City Manager form 48 of government; (2) require a super majority vote for the appointment and removal 49 of the City Manager and City Attorney; and (3) clarify the duties and responsibilities 50 of the City Manager and City Commissioners in the governance structure? 51 YES_____ NO_____ 52 810 08.17.25 (IG) Page 3 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 53 Section 5: That should a majority of electors voting on the above-referenced 54 referendum election vote "YES," thereby approving the above ballot issue, the revised charter 55 language shall become a part of the Charter of the City of Boynton Beach, Florida. 56 Section 6: The City Clerk is hereby directed to update and republish the City Charter 57 to incorporate any approved amendments, including: 58 (a) Affixing the appropriate article and section numbers and/or letters to conform the 59 Charter to the approved amendments; 60 (b) Making all necessary technical corrections to cross-references, table of contents, and 61 formatting; 62 (c) Coordinating with the City’s municipal code provider to update the Charter on the City's 63 municipal code website within thirty (30) days of certification of election results; and 64 (d) Filing the updated Charter with the Florida Department of State within the timeframe 65 required by law. 66 Section 7: The City Clerk of the City of Boynton Beach is hereby authorized and 67 directed to take all steps necessary to place this charter amendment on the ballot, including but 68 not limited to: 69 (a) Preparing and publishing all notices and advertisements required by Florida Statutes 70 Chapter 100, the City's Charter, and the City's Code of Ordinances; 71 811 08.17.25 (IG) Page 4 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. (b) Coordinating with the Palm Beach County Supervisor of Elections to ensure the charter 72 amendment question is properly placed on the ballot; 73 (c) Providing the Supervisor of Elections with the ballot title and summary in the form and 74 timeframe required; 75 (d) Ensuring compliance with all applicable deadlines under state and local law; and 76 (e) Taking any and all other actions required to effectuate the referendum election. 77 Section 8: All Ordinance or parts of Ordinance in conflict herewith, be and the same 78 are repealed to the extent of such conflict. 79 Section 9: If any clause, section, or other part of this Ordinance shall be held by any 80 court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid 81 part shall be considered as eliminated and in no way affect the validity of the other provisions of 82 this Ordinance. 83 Section 10: This Ordinance shall become effective immediately upon execution by all 84 parties. 85 Section 11: Effective Date of Proposed Charter Amendments. The Proposed Charter 86 Amendments will take effect upon the affirmative vote of a majority of those electors voting in 87 the March 2026 election in the City of Boynton Beach. 88 89 (REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK) 90 812 08.17.25 (IG) Page 5 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. FIRST READING this ______ day of ___________, 2025. 91 SECOND, FINAL READING AND PASSAGE this ______ day of _______, 2025. 92 CITY OF BOYNTON BEACH, FLORIDA 93 YES NO 94 95 Mayor – Rebecca Shelton _____ _____ 96 97 Vice Mayor – Woodrow L. Hay _____ _____ 98 99 Commissioner – Aimee Kelley _____ _____ 100 101 Commissioner – Angela Cruz _____ _____ 102 103 Commissioner – Thomas Turkin _____ _____ 104 105 VOTE ______ 106 ATTEST: 107 108 _____________________________ 109 Maylee DeJesús, MMC Rebecca Shelton 110 City Clerk Mayor 111 112 APPROVED AS TO FORM: 113 (Corporate Seal) 114 115 116 Shawna G. Lamb 117 City Attorney 118 119 813 08.17.25 (IG) Page 6 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. EXHIBIT “A” Sec. 20. General Provisions. 1 (a) Duties and Responsibilities of Commissioners. The Mayor and City Commission shall 2 constitute the governing body of the City under the Commission/City Manager form of 3 government and shall exercise all legislative powers authorized under Florida law, including 4 but not limited to: (a) Adopting ordinances, resolutions, and policies; (b) Approving the 5 annual budget; (c) Appointing the City Manager and City Attorney; and (d) Establishing 6 municipal policy and priorities. 7 (ab) Administrative officers, departments, and agencies. The government of the City shall be 8 carried on by the Mayor and City Commission. The City Commission shall appoint a City 9 Manager by a super majority vote, who shall serve as the City's Chief Executive Officer, and 10 a City Attorney by a super majority vote, both of whom shall serve at the pleasure of the City 11 Commission. The City Manager and City Attorney shall serve at the pleasure of the City 12 Commission, but may only be terminated by a super majority vote. There shall also be such 13 other departments and agencies as may be established from time to time by ordinance and 14 the City Manager, or as may be prescribed by ordinances adopted by the City Commission. 15 All other city employees shall be hired, appointed, and discharged by the City Manager, with 16 only the appointment or discharge of Assistant City Managers subject to confirmation by the 17 City Commission. 18 (bc) Supervision by City Manager. Each department, office, and agency under the direction and 19 supervision of the City Manager shall be administered by an officer appointed by and subject 20 to the direction and supervision of the City Manager. With the consent of the City 21 Commission, the City Manager may serve as the head of one or more such departments, 22 offices, or agencies, or may appoint one person as the head of two or more of them, or may 23 combine the functions of any offices specified in this Charter which may be appointed by the 24 City Manager. 25 (cd) Commission/Manager integration with administration. The City Manager shall have full 26 authority over all administrative matters, personnel decisions, and day-to-day operations, 27 subject only to policies established by the City Commission. The City Commission or its 28 members shall deal with city officers and employees who are subject to the direction and 29 supervision of the City Manager solely through the Manager, when such dealings involve 30 giving orders or making requests for services to any such officer or employee. Individual 31 Commissioners shall not direct, supervise, or interfere with the administrative functions of 32 City staff or departments. All employees and officers shall be permitted to provide 33 information to any Commissioner or member of the public upon request. 34 814 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 of Boynton Beach, Florida, Submitting to Referendum Amendments to the City Charter; Amending Section 20 to Clarify the Form of Government, Require a Super Majority Vote for the Appointment and Removal of the City Manager and City Attorney, and Clarifying the Duties and Responsibilities of the City Manager and Commissioners; Providing for a Notice of an Advertisement of the Referendum Election to be Published in Accordance with the State of Florida Election Code; Providing that this Ordinance, when Adopted, Shall be Submitted to the Qualified Electors of the City of Boynton Beach, Florida, on the March 2026 General Municipal Election Ballot and Shall Become Effective as Provided by Law; Providing for Conflicts, Severability, and an Effective Date. 815 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): Section 20 -- Form of Government and Administrative Structure This amendment modernizes and clarifies Section 20 (General Provisions) to better define the Commission/City Manager form of government and delineate the respective responsibilities of elected officials and the administration. The amendment: Reaffirms the City’s Commission/City Manager model of government, explicitly identifying the Mayor and Commission as the legislative and policymaking body; Requires a super-majority approval by the City Commission to appoint or remove the City Manager and City Attorney, ensuring stability in key leadership roles; Clarifies that all other City employees are hired, appointed, and discharged by the City Manager, with the appointment or discharge of Assistant City Managers subject to Commission confirmation; Defines the City Manager’s administrative authority over all departments, personnel, and day-to-day operations; and Prohibits individual Commissioners from directing or interfering with staff, reinforcing professional management and ethical boundaries between policy and administration. Effect: This amendment strengthens the separation between governance and administration, enhances professional accountability, and protects against undue political influence in personnel decisions. 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: 816 Page 3 of 3 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: N/A 4. Additional information the governing body deems useful (if any): N/A 817 Proposed Ordinance No. 25-037 Ian Gregorchik, Assistant City Attorney November 4, 2025 1 818 2 819 Discussion and Vote 3 820 Proposed Ordinance No. 25-038 Ian Gregorchik, Assistant City Attorney November 4, 2025 4 821 Amendment: Charter Section 3 Current Requirement Candidates must reside in the city for one year prior to filing Proposed Change Add a requirement for continuous residence within the city for at least one (1) year prior to filing for office Key Benefits •Ensures candidates have sustained commitment to the community •Prevents last-minute residency claims •Clarifies eligibility standards 5 822 Discussion and Vote 6 823 Proposed Ordinance No. 25-039 Ian Gregorchik, Assistant City Attorney November 4, 2025 7 824 Key Changes •Increases terms of office for the Mayor and City Commissioners from three (3) to four (4) years,beginning with the March 2028 municipal election; •Clarifies what constitutes a "term" for purposes of enforcing term limits—specifically, that service of morethan one-half of a full term counts as a complete term; •Imposes a one-year "sit-out period" after any person serves two consecutive terms before becomingeligible to run again for any elective City office. •As written, Ordinance treats the office of Mayor and Commissioner the same for term limits. •Example:If Commissioner Smith completes 2 consecutive terms ending in March 2030, they cannot runfor Mayor or Commissioner again until the March 2032 election (after 1 year has passed). CURRENT TERMS PROPOSED CHANGES 3-year terms 4-year terms (begins 2028) 2 consecutive term limit 2 consecutive term limit remains Unclear “full term” definition Serving >1/2 term = full term No sit-out period 1-year sit-out required Implementation Timeline • March 2026 election: 3-year terms • March 2028 and beyond: 4-year terms Amendment: Charter Section 5 Benefits •Continuity of leadership •Reduces election frequency and cost 8 825 Discussion and Vote 9 826 Proposed Ordinance No. 25-040 Ian Gregorchik, Assistant City Attorney November 4, 2025 10 827 Key Changes Reaffirms the City's Commission/City Manager model of government, explicitly identifying the Mayor and Commission as the legislative and policy-making body; Requires a super-majority approval by the City Commission to appoint or remove the City Manager and City Attorney, ensuring stability in key leadership roles; Clarifies that all other City employees are hired, appointed, and discharged by the City Manager, with the appointment or discharge of Assistant City Managers subject to Commission confirmation; Defines the City Manager's administrative authority over all departments, personnel, and day-to-day operations; and Prohibits individual Commissioners from directing or interfering with staff, reinforcing professional management and ethical boundaries between policy and administration. Benefits • Promotes stability in key leadership positions • Reduces political interference in administration • Clarifies separation of policy from operations Amendment: Charter Section 20 11 828 Discussion and Vote 12 829 Proposed Ordinance No. 25-041 Ian Gregorchik, Assistant City Attorney November 4, 2025 13 830 Amendment: Language Modernization Updates to Multiple Charter Sections (8, 20, 23, 24, 40, 50, 52, 54, 55) •Replace:“he,” “him,” “his/her” •With:“they,” “them,” “their” or title roles Modernize Language • Include digital communication methods • Comply with current FL Statutes Notice Requirements Replaces gender-specific language (e.g., "he/his") with neutral terms throughout the Charter; Updates notice and publication requirements to comply with modern communication practices, allowing notices to be published electronically on the City's website as permitted by Florida Statutes; Makes minor grammatical and formatting corrections to ensure consistency and readability. Benefits This modernization package does not change the substance of City governance but aligns the Charter with contemporary standards of inclusivity, transparency, and statutory compliance, reducing ambiguity and improving public understanding. 14 831 Discussion and Vote 15 832 •Today - City Commission consideration of referendumordinances •First Reading - Commission adopts ordinances on first reading •Second Reading - Final passage of referendum ordinances •Notice & Publication - City Clerk advertises referendum per Florida Election Code •March 2026 - Votersdecide on approved amendments •Upon VoterApproval - Amendments become effective immediately •March 2028 - Four-year terms begin (if Amendment 3 approved) Important Notes • Each amendment is voted on separately - approval of one does not affect others • City Clerk will ensure proper ballot formatting and publication Implementation Timeline 16 833 City of Boynton Beach Agenda Item Request Form 10.F Regular Agenda 11/ 4/2025 Meeting Date: 11/ 4/2025 Proposed Ordinance No. 25-041- First Reading, An Ordinance of the City of Boynton Beach, Florida, Submitting to Referendum Amendments to the City Charter; Amending Sections 8, 20, 23, 24, 40, 50, 52, 54, and 55 to Modernize Language by Replacing Masculine-Only Pronouns and to Update Notice and Publication Requirements to Comply with Current Florida Statutes and Digital-Age Communication Practices; Providing for a Notice of an Advertisement of the Referendum Election to be Published in Accordance with the State of Florida Election Code; Providing that this Ordinance, When Adopted, Shall be Submitted to the Qualified Electors of the City of Boynton Beach, Florida, on the March 2026 General Municipal Election Ballot and Shall Become Effective as Provided by Law; Providing for Conflicts, Severability, and an Effective Date. Requested Action: Staff recommends approval of Proposed Ordinance No. 25-041, at first reading. Explanation of Request: The Charter Review Committee (the "Committee") was established by Resolution No. R25- 195 of the City Commission of the City of Boynton Beach, Florida. This resolution authorized the formation of a five-member advisory committee to review and propose amendments to the City Charter. Members were appointed individually by the Mayor, Vice Mayor, and City Commissioners, representing a cross-section of professional experience and civic engagement. The Committee was charged with: 1. Reviewing the existing City Charter; 2. Considering proposed amendments prepared by the City Attorney’s Office; and 3. Recommending any additional modifications necessary to improve the Charter’s clarity, function, and responsiveness to the public interest. The Committee met regularly from August through October 2025 and received staff assistance from the City Attorney’s Office and City Clerk’s Office. All meetings were publicly noticed and conducted in accordance with the Florida Sunshine Law. 834 Based on its review, the Committee recommends adoption of the following proposed charter amendment: Global Revisions and Technical Fixes Throughout the Charter, redundant, outdated, or inconsistent language was corrected. Citations to state statutes were updated, and formatting was standardized. The Committee noted that these fixes do not substantively alter governance but improve readability and legal precision. This broad ordinance updates multiple sections of the Charter—including Sections 8, 20, 23, 24, 40, 50, 52, 54, and 55—to modernize terminology, improve accessibility, and align notice procedures with current state law. The amendment: Replaces gender-specific language (e.g., "he/his") with neutral terms throughout the Charter; Updates notice and publication requirements to comply with modern communication practices, allowing notices to be published electronically on the City’s website as permitted by Florida Statutes; Clarifies the process for special meetings, elections, citizen initiatives, and referendums to align with current state election procedures; and Makes minor grammatical and formatting corrections to ensure consistency and readability. Effect: This modernization package does not change the substance of City governance but aligns the Charter with contemporary standards of inclusivity, transparency, and statutory compliance, reducing ambiguity and improving public understanding. How will this affect city programs or services? None Budgeted Item: Yes Account Line Item and Description: None Fiscal Impact: None Attachments: Ord 25-041 Charter_Fixes_Throughout__002_ (1).docx Agenda Item 3921-2025 Business Impact Statement - Charter Section 20.docx Agenda Items 3917-3921 Charter Amendment Ordinances - Nov 4 Agenda.pptx 835 836 08.17.25 (IG) Page 1 of 9 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. ORDINANCE NO. 25-041 1 2 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 3 SUBMITTING TO REFERENDUM AMENDMENTS TO THE CITY 4 CHARTER; AMENDING SECTIONS 8, 20, 23, 24, 40, 50, 52, 54, AND 55 5 TO MODERNIZE LANGUAGE BY REPLACING MASCULINE-ONLY 6 PRONOUNS AND TO UPDATE NOTICE AND PUBLICATION 7 REQUIREMENTS TO COMPLY WITH CURRENT FLORIDA STATUTES 8 AND DIGITAL-AGE COMMUNICATION PRACTICES; PROVIDING FOR A 9 NOTICE OF AN ADVERTISEMENT OF THE REFERENDUM ELECTION TO 10 BE PUBLISHED IN ACCORDANCE WITH THE STATE OF FLORIDA 11 ELECTION CODE; PROVIDING THAT THIS ORDINANCE, WHEN 12 ADOPTED, SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF 13 THE CITY OF BOYNTON BEACH, FLORIDA, ON THE MARCH 2026 14 GENERAL MUNICIPAL ELECTION BALLOT AND SHALL BECOME 15 EFFECTIVE AS PROVIDED BY LAW; PROVIDING FOR CONFLICTS, 16 SEVERABILITY, AND AN EFFECTIVE DATE. 17 18 WHEREAS, Chapter 166, Florida Statutes, as amended, provides for a methodology of 19 Charter amendments supplementary to and not in conflict with the Charter of the City of Boynton 20 Beach ("City"); and 21 WHEREAS, Chapter 166, Florida Statutes, as amended, provides that such an amendment 22 may be submitted to a referendum vote by the City Commission through the adoption of an 23 Ordinance calling for such a referendum election; and 24 WHEREAS, the City Commission has determined that it is in the best interest of the City 25 to modernize the Charter language to terms that are inclusive of all persons regardless of gender 26 and to update notice and publication requirements to comply with current Florida statutes and 27 digital-age communication practices; and 28 837 08.17.25 (IG) Page 2 of 9 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. WHEREAS, the City Commission has publicly reviewed, considered, and directed that this 29 Ordinance be prepared and that the appropriate Charter Referendum question be included 30 herein and submitted to the qualified electors of the City of Boynton Beach, Florida, at the March 31 2026 General Municipal Election. 32 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 33 BOYNTON BEACH, FLORIDA: 34 Section 1: The foregoing “WHEREAS” clauses are hereby ratified as being true and 35 correct and are hereby made a specific part of this Ordinance upon adoption hereof. 36 Section 2: The City Charter is hereby revised to read as follows: 37 SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED 38 HEREIN BY REFERENCE 39 Section 3: The Ballot Title shall be as follows: 40 AMENDMENT TO CITY CHARTER – MODERNIZE LANGUAGE 41 AND NOTICE REQUIREMENTS 42 Section 4: The following question shall be placed on the ballot for consideration by 43 the qualified electors of the City of Boynton Beach, Florida, at the March 2026 General Municipal 44 Election in Palm Beach County, Florida. The election ballot question shall read as follows: 45 Shall the City Charter be amended to: (1) modernize language by replacing outdated 46 masculine-only pronouns; and (2) update notice and publication requirements to 47 comply with current Florida law and include digital communication methods? 48 YES_____ NO_____ 49 838 08.17.25 (IG) Page 3 of 9 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 50 Section 5: That should a majority of electors voting on the above-referenced 51 referendum election vote "YES," thereby approving the above ballot issue, the revised charter 52 language shall become a part of the Charter of the City of Boynton Beach, Florida. 53 Section 6: The City Clerk is hereby directed to update and republish the City Charter 54 to incorporate any approved amendments, including: 55 (a) Affixing the appropriate article and section numbers and/or letters to conform the 56 Charter to the approved amendments; 57 (b) Making all necessary technical corrections to cross-references, table of contents, and 58 formatting; 59 (c) Coordinating with the City’s municipal code provider to update the Charter on the City's 60 municipal code website within thirty (30) days of certification of election results; and 61 (d) Filing the updated Charter with the Florida Department of State within the timeframe 62 required by law. 63 Section 7: The City Clerk of the City of Boynton Beach is hereby authorized and 64 directed to take all steps necessary to place this charter amendment on the ballot, including but 65 not limited to: 66 (a) Preparing and publishing all notices and advertisements required by Florida Statutes 67 Chapter 100, the City's Charter, and the City's Code of Ordinances; 68 839 08.17.25 (IG) Page 4 of 9 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. (b) Coordinating with the Palm Beach County Supervisor of Elections to ensure the charter 69 amendment question is properly placed on the ballot; 70 (c) Providing the Supervisor of Elections with the ballot title and summary in the form and 71 timeframe required; 72 (d) Ensuring compliance with all applicable deadlines under state and local law; and 73 (e) Taking any and all other actions required to effectuate the referendum election. 74 Section 8: All Ordinance or parts of Ordinance in conflict herewith, be and the same 75 are repealed to the extent of such conflict. 76 Section 9: If any clause, section, or other part of this Ordinance shall be held by any 77 court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid 78 part shall be considered as eliminated and in no way affect the validity of the other provisions of 79 this Ordinance. 80 Section 10: This Ordinance shall become effective immediately upon execution by all 81 parties. 82 Section 11: Effective Date of Proposed Charter Amendments. The Proposed Charter 83 Amendments will take effect upon the affirmative vote of a majority of those electors voting in 84 the March _____, 2026 election in the City of Boynton Beach. 85 86 (REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK) 87 840 08.17.25 (IG) Page 5 of 9 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. FIRST READING this ______ day of ___________, 2025. 88 SECOND, FINAL READING AND PASSAGE this ______ day of _______, 2025. 89 CITY OF BOYNTON BEACH, FLORIDA 90 YES NO 91 92 Mayor – Rebecca Shelton _____ _____ 93 94 Vice Mayor – Woodrow L. Hay _____ _____ 95 96 Commissioner – Aimee Kelley _____ _____ 97 98 Commissioner – Angela Cruz _____ _____ 99 100 Commissioner – Thomas Turkin _____ _____ 101 102 VOTE ______ 103 ATTEST: 104 105 _____________________________ 106 Maylee DeJesús, MMC Rebecca Shelton 107 City Clerk Mayor 108 109 APPROVED AS TO FORM: 110 (Corporate Seal) 111 112 113 Shawna G. Lamb 114 City Attorney 115 116 841 EXHIBIT “A” Sec. 8. Frequency, date of regular meetings; special meetings; rules of procedure. 1 (a) The Commission shall hold its meetings as the Commission deems necessary. Should any 2 scheduled City Commission meeting fall upon a date on which any national, state, county, or 3 municipal election is held, said City Commission meeting should be deferred until the next regular 4 working day. 5 (b) The Mayor, or any three (3) members of the City Commission, may call special meetings of 6 the City Commission, upon written notice to each member served personally or left at the usual 7 place of residence, or by electronic delivery to the member's designated email address. Notice of 8 all special meetings shall also be provided to the public in accordance with Chapter 286 , Florida 9 Statutes. All regular and special meetings of the City Commission shall be open to the public. The 10 City Commission shall determine its own rules and order of business. 11 … 12 Sec. 20. General provisions. * 13 … 14 (b) Supervision by City Manager. Each department, office, and agency under the direction and 15 supervision of the City Manager shall be administered by an officer appointed by and subject to 16 the direction and supervision of the City Manager. With the consent of the Commission, the City 17 Manager may serve as the head of one or more such departments, offices, or agencies, or may 18 appoint one person as the head of two or more of them, or may combine the functions of any 19 offices specified in this Charter which may be appointed by him the City Manager. 20 … 21 Sec. 23. City Attorney---Duties. 22 The City Attorney, shall, when requested by the City Commission, prepare all contracts, bonds, 23 and other instruments in writing in which the municipality is concerned, or shall endorse on each 24 his the City Attorney's approval of the form, language and execution thereof; and no contract with 25 the municipality shall be binding upon the municipality until his such approval is so endorsed 26 thereon. When required by the Commission, he the City Attorney shall prosecute and defend, for 27 and ion behalf of the City, all complaints, suits, and controversies in which the City is a party. He 28 The City Attorney shall furnish the Commission, or the City Clerk, his a written opinion on any 29 question of law relating to their respective powers and duties; and he the City Attorney shall 30 perform such other professional duties as may be required of him by ordinance or resolution of the 31 Commission or by this Charter, or such as are prescribed for City Attorneys under the general laws 32 of the State, not inconsistent with this Charter. 33 842 EXHIBIT “A” Sec. 24. City Attorney---Compensation. 34 The City Commission may, from time to time, fix the regular compensation of the City Attorney 35 at a sum commensurate with the duties which may be imposed upon him upon the City Attorney 36 by this Charter and by the Commission; provided, that all special or unusual services required of 37 the City Attorney, the fee for which is not otherwise prescribed, may be specially compensated as 38 the Commission may see fit to provide. 39 … 40 Sec. 40. Call by City Commission, publication of proclamation; qualification of candidates, 41 filing by candidates with City Clerk; notification of Supervisor of Elections. 42 All general and special elections, unless otherwise provided in this Act Charter, shall be called by 43 resolution adopted by the City Commission, and in conformance with applicable state law, and 44 published in a newspaper of general circulation in the City of Boynton Beach, Florida, once a week 45 for two (2) consecutive weeks, and such election that may be held upon such notice shall be 46 provided in accordance with Chapter 50, Florida Statutes, and the City’s Code of Ordinances. 47 Candidates for City Commission shall file such papers and pay such fees as may be required by 48 law with the City Clerk no sooner than noon on the second Tuesday of November nor later than 49 noon on the fourth Tuesday in November, of the year in which the election is to be held. The City 50 Clerk shall transmit the names of all candidates for City Commission to the Supervisor of Elections 51 by 5:00 p.m. on the first Friday business day after the close of qualifying. 52 … 53 Sec. 50. Initiative petition of proposed ordinances---Required signatures, etc. 54 Any proposed ordinance, including ordinances for repeal of ordinances then in effect or which 55 have been enacted but not yet effective, may be submitted to the City Commission by a petition, 56 signed by at least twenty-five percent of the total number of registered voters in the City. All 57 petitions circulated with respect to any proposed ordinance shall be uniform in character, shall 58 contain the proposed ordinance in full, and shall have printed or written thereon the names of five 59 electors who shall be officially regarded as filing the petition, and shall constitute a committee of 60 the petitioners for purposes hereinafter named. Each signer of the petition shall sign his their name 61 in ink or indelible pencil and shall place on the petition opposite his their name the date of his their 62 signature. The signatures of any such petition need not be appended to one paper, but to each such 63 paper shall be attached an affidavit by the circulator thereof, stating the number of signers to such 64 part of the petition and that each signature appended to the paper is the genuine signature of the 65 person whose name it purports to be, and that it was made in the presence of the affiant on the date 66 indicated. 67 … 68 843 EXHIBIT “A” Sec. 52. Initiative Petition---Action of City Commission; referendum. 69 The City Commission shall at once proceed to consider such petition and shall take final action 70 thereon within thirt y days after the date of submission. If the City Commission rejects any of the 71 provisions of the proposed ordinance, as set forth in the petition, the City Clerk shall at once cause 72 notice of the filing of such petition and the refusal of the City Commissi on to pass said ordinance 73 to be published in a newspaper of general circulation published in the City of Boynton Beach to 74 be provided in accordance with Chapter 50, Florida Statutes, and the City’s Code of Ordinances, 75 and the City Commission shall at once proceed to submit the passage of the ordinance to the 76 majority vote of the qualified electors of the City voting in such election. If a regular or special 77 election is to be held in the City not earlier than thirty days, nor later than sixty days, the ordinance 78 shall be submitted to the voters at such election; otherwise, an election shall be called for such 79 submission. At least ten days before such election, the City Clerk shall cause to be published in a 80 newspaper of general circulation published in the city the text of the ordinance to be provided in 81 accordance with Chapter 50, Florida Statutes, and the City’s Code of Ordinances. 82 Sec. 54. Initiative Petition---Form of referendum ballot. 83 Referendum elections shall be provided for in the same manner as other elections of the City. The 84 ballot shall be a piece of plain white paper which shall have printed upon it the title of the ordinance 85 to be referred, below which shall be two lines in the following form: 86 ________________________________ 87 FOR THE ORDINANCE 88 ________________________________ 89 ________________________________ 90 AGAINST THE ORDINANCE 91 ________________________________ 92 The voter shall express himself themselves by placing a cross X mark to the right of the line 93 indicating his their desire in the matter. 94 Sec. 55. Initiative Petition---Vote required to amend or repeal. 95 Ordinances adopted by referendum vote can be amended or repealed only by a referendum vote, 96 but the proposition to amend or repeal such ordinances may be submitted to the voters in any 97 regular election of the City, provided that no later than fifteen thirty days before such election the 98 City Commission shall cause notice of such reference to be published in a newspaper of general 99 circulation published in the City of Boynton Beach, Florida notice of such referendum to be in 100 accordance with Chapter 50, Florida Statutes, and the City’s Code of Ordinances, using only the 101 title of such ordinance in the notice if it is to be repealed, but the amendment in full if it is to be 102 844 EXHIBIT “A” amended. Said notice to be posted in three public places if there be no newspaper published in the 103 City. 104 *This section is the subject of a separate charter referendum question. The language changes in the other charter referenda, if adopted, shall supersede the language in this section. 845 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 of Boynton Beach, Florida, Submitting to Referendum Amendments to the City Charter; Amending Sections 8, 20, 23, 24, 40, 50, 52, 54, and 55 to Modernize Language by Replacing Masculine- Only Pronouns and to Update Notice and Publication Requirements to Comply with Current Florida Statutes and Digital-Age Communication Practices; Providing for a Notice of an Advertisement of the Referendum Election to be Published in Accordance with the State of Florida Election Code; Providing that this Ordinance, When Adopted, Shall be Submitted to the Qualified Electors of the City of Boynton Beach, Florida, on the March 2026 General Municipal Election Ballot and Shall Become Effective as Provided by Law; Providing for Conflicts, Severability, and an Effective Date. 846 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): Global Revisions and Technical Fixes Throughout the Charter, redundant, outdated, or inconsistent language was corrected. Citations to state statutes were updated, and formatting was standardized. The Committee noted that these fixes do not substantively alter governance but improve readability and legal precision. This broad ordinance updates multiple sections of the Charter—including Sections 8, 20, 23, 24, 40, 50, 52, 54, and 55—to modernize terminology, improve accessibility, and align notice procedures with current state law. The amendment: Replaces gender-specific language (e.g., "he/his") with neutral terms throughout the Charter; Updates notice and publication requirements to comply with modern communication practices, allowing notices to be published electronically on the City’s website as permitted by Florida Statutes; Clarifies the process for special meetings, elections, citizen initiatives, and referendums to align with current state election procedures; and Makes minor grammatical and formatting corrections to ensure consistency and readability. Effect: This modernization package does not change the substance of City governance but aligns the Charter with contemporary standards of inclusivity, transparency, and statutory compliance, reducing ambiguity and improving public understanding. 2. An estimate of the direct economic impact of the proposed ordinance on private, for - profit businesses in the City, if any: 847 Page 3 of 3 (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: N/A 4. Additional information the governing body deems useful (if any): N/A 848 Proposed Ordinance No. 25-037 Ian Gregorchik, Assistant City Attorney November 4, 2025 1 849 2 850 Discussion and Vote 3 851 Proposed Ordinance No. 25-038 Ian Gregorchik, Assistant City Attorney November 4, 2025 4 852 Amendment: Charter Section 3 Current Requirement Candidates must reside in the city for one year prior to filing Proposed Change Add a requirement for continuous residence within the city for at least one (1) year prior to filing for office Key Benefits •Ensures candidates have sustained commitment to the community •Prevents last-minute residency claims •Clarifies eligibility standards 5 853 Discussion and Vote 6 854 Proposed Ordinance No. 25-039 Ian Gregorchik, Assistant City Attorney November 4, 2025 7 855 Key Changes •Increases terms of office for the Mayor and City Commissioners from three (3) to four (4) years,beginning with the March 2028 municipal election; •Clarifies what constitutes a "term" for purposes of enforcing term limits—specifically, that service of morethan one-half of a full term counts as a complete term; •Imposes a one-year "sit-out period" after any person serves two consecutive terms before becomingeligible to run again for any elective City office. •As written, Ordinance treats the office of Mayor and Commissioner the same for term limits. •Example:If Commissioner Smith completes 2 consecutive terms ending in March 2030, they cannot runfor Mayor or Commissioner again until the March 2032 election (after 1 year has passed). CURRENT TERMS PROPOSED CHANGES 3-year terms 4-year terms (begins 2028) 2 consecutive term limit 2 consecutive term limit remains Unclear “full term” definition Serving >1/2 term = full term No sit-out period 1-year sit-out required Implementation Timeline • March 2026 election: 3-year terms • March 2028 and beyond: 4-year terms Amendment: Charter Section 5 Benefits •Continuity of leadership •Reduces election frequency and cost 8 856 Discussion and Vote 9 857 Proposed Ordinance No. 25-040 Ian Gregorchik, Assistant City Attorney November 4, 2025 10 858 Key Changes Reaffirms the City's Commission/City Manager model of government, explicitly identifying the Mayor and Commission as the legislative and policy-making body; Requires a super-majority approval by the City Commission to appoint or remove the City Manager and City Attorney, ensuring stability in key leadership roles; Clarifies that all other City employees are hired, appointed, and discharged by the City Manager, with the appointment or discharge of Assistant City Managers subject to Commission confirmation; Defines the City Manager's administrative authority over all departments, personnel, and day-to-day operations; and Prohibits individual Commissioners from directing or interfering with staff, reinforcing professional management and ethical boundaries between policy and administration. Benefits • Promotes stability in key leadership positions • Reduces political interference in administration • Clarifies separation of policy from operations Amendment: Charter Section 20 11 859 Discussion and Vote 12 860 Proposed Ordinance No. 25-041 Ian Gregorchik, Assistant City Attorney November 4, 2025 13 861 Amendment: Language Modernization Updates to Multiple Charter Sections (8, 20, 23, 24, 40, 50, 52, 54, 55) •Replace:“he,” “him,” “his/her” •With:“they,” “them,” “their” or title roles Modernize Language • Include digital communication methods • Comply with current FL Statutes Notice Requirements Replaces gender-specific language (e.g., "he/his") with neutral terms throughout the Charter; Updates notice and publication requirements to comply with modern communication practices, allowing notices to be published electronically on the City's website as permitted by Florida Statutes; Makes minor grammatical and formatting corrections to ensure consistency and readability. Benefits This modernization package does not change the substance of City governance but aligns the Charter with contemporary standards of inclusivity, transparency, and statutory compliance, reducing ambiguity and improving public understanding. 14 862 Discussion and Vote 15 863 •Today - City Commission consideration of referendumordinances •First Reading - Commission adopts ordinances on first reading •Second Reading - Final passage of referendum ordinances •Notice & Publication - City Clerk advertises referendum per Florida Election Code •March 2026 - Votersdecide on approved amendments •Upon VoterApproval - Amendments become effective immediately •March 2028 - Four-year terms begin (if Amendment 3 approved) Important Notes • Each amendment is voted on separately - approval of one does not affect others • City Clerk will ensure proper ballot formatting and publication Implementation Timeline 16 864 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: 28 865 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. 52 866 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. 77 867 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, 102 868 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. 126 869 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. 150 870 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 174 871 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. 197 198 199 872 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. 222 873 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. 246 874 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; 267 875 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 291 876 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] 308 309 877 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 341 342 343 878 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. 879 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): 880 Page 3 of 3 NONE 881 Created: 2025-06-13 12:18:56 [EST] (Republication) Page 1 of 10 Sec. 15-8. Noise Control-Short title. Sections 15-8 through 15-8.8 shall be known and may be cited by the short title of "City of Boynton Beach Noise Control Ordinance." (Ord. No. 85-16, § 2, 3-19-85; Ord. No. 11-003, § 2, 2-15-11) Editor's note(s)—Ord. No. 85-16, §§ 1, 2, adopted Mar. 19, 1985, provided for the repeal of §15 -8, noise, and enacted in lieu thereof new provisions relative to the same subject matter, designated as §§ 15 -8—15-8.8 to read as herein set out. Formerly, § 15-8 was derived from the 1958 Code, § 17-22.2, and Ord. No. 82-12, § 1, adopted May 18, 1982. Sec. 15-8.1. Same-Purpose and space. It is the purpose of sections 15-8 through 15-8.9 to prevent, prohibit and provide for the abatement of excessive and unnecessary noise which may injure the health or welfare or degrade th e quality of life of the citizens and residents of the City of Boynton Beach. This section shall apply to the control of all sound and noise originating within the limits of this jurisdiction. It is further the intent of this chapter to recognize that fact ors such as the time of day, location (e.g. proximity to residences), necessity of public projects for the public good, and necessity of sound and noise incidental to allowed uses and activities must be considered in balancing the protection of public peace and individual freedoms. (Ord. No. 85-16, § 2, 3-19-85; Ord. No. 11- 003, § 2, 2-15-11; Ord. No. 18-033, § 2, 12-4-18) Note(s)—See the editor's note following § 15-8. Sec. 15-8.2. Same-Terminology and standards. All terminology used in this section shall be as defined herein or, if not defined, given plain meaning by reference to common dictionary definition. When interpretation is required by reference to a source more definitive than this Code or a dictionary, reference shall first be made to publications of the American National Standards Institute (ANSI): A-weighted sound level. The sound pressure level in decibels as measured on a sound level meter using the A-weighted network. The level so read is designated dBA. Apparent property line. The line along the surface, and its vertical plane extension, which separates one (1) lot or parcel of property from another. Construction. Any site preparation, assembly, erection, substantial repair, alteration or similar action, but excluding demolition, for or on public or private right-of-way, structures, utilities or similar property, and excluding well pointing. Decibel (dB). A unit for measuring the volume of sound or noise, equal to twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of the sound or noise measured to the reference pressure, which is twenty (20) micropascals (twenty (20) micro-newtons per square meter). Demolition. Any dismantling, intentional destruction or removal of structures, utilities, public or private right - of-way surfaces or similar property. Emergency. Any occurrence or set of circumstances involving actual or eminent physical trauma or property damage which demands immediate action. 882 Created: 2025-06-13 12:18:56 [EST] (Republication) Page 2 of 10 Emergency vehicle. A motor vehicle used in response to a public emergency or to protect persons or property from imminent danger. Emergency work. Any work necessary to restore property to a safe condition following a public calamity, work to restore public utilities, or work required to protect person or property from an imminent exposure to danger. Equivalent. The level of a constant sound, which in a given situation and time period, has the same sound energy as does a time varying sound. Impulse noise. A discrete noise or series of such noises of short duration (generally less than one (1) second) in which the sound pressure level rises very quickly to a high before decaying to the background level. E xamples of sources of impulse noise, includes explosions and the discharge of firearms. L10 sound level. The sound level exceeded for more than ten (10) percent of a measurement period which for the purposes of sections 15-8 through 15-8.9 shall not be less than ten (10) minutes. LMAX. The maximum A-weighted sound level for a given event. Legal holidays. Those recognized by the City include New Year's Day, Martin Luther King, Jr. Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Veterans Da y, Thanksgiving Day, day after Thanksgiving, Christmas Eve, and Christmas Day or any other legally recognized holiday. Maximum sound level. The greatest A-weighted sound level reading obtained when measuring a source of sound during a designated time interval using the fast meter exponential integration time. Micropascal. The international unit for pressure, analogous to pounds per square i nch in English units; one (1) microPascal is one millionth of a Pascal; the reference pressure used for airborne sound is twenty (20) microPascals. Motorboat. Any boat or vessel propelled or powered by machinery whether or not such machinery is the principal source of propulsion; including but not limited to boats, barges, amphibious craft, water-ski towing devices, jet skis and hover craft. Motorized equipment. Any self-propelled vehicle, such as, but not limited to, passenger cars, trucks, truck trailers, semi-trailers, campers, motorcycles, mini-bikes, go-carts, gopeds, dune buggies, all-terrain vehicles or racing vehicles which are propelled by mechanical power. Multifamily dwelling. A building or other shelter that has been divided into separate units to house more than one (1) family. Noise. For the purposes of this chapter, noise is any sound that is in violation of any provision of this chapter. Noise disturbance. Any sound or noise, in quantities which are plainly audible and may be potentially harmful or injurious to human health or welfare, animal or plant life, or property, or unnecessarily interfere with the enjoyment of life or property, including outdoor recreation. Any plainly audible noise which is so harsh, prolonged, unnatural, or unusual in time or place as to occasion discomfort to any persons within the neighborhood and/or adjacent neighborhood(s) from which said noises emanate, or as to interfere with the peace and comfort of neighbors or their guests, or operators or customers in places of business, or as to negatively affect such residences or places of business. Noise sensitive zone. Existing quiet zones until designated otherwise by a competent authority. Noise sensitive zones include but are not limited to operations of schools, libraries open to public, churches, synagogues, mosques, hospitals, residential zones (after 11:00 p.m.), and nursing homes. Octave band sound level. The unweighted sound pressure level in the specified octave band. Person. Any natural person, individual, association, partnership, corporation, municipality, governmental agency, business trust, estate, trust, two (2) or more persons having a joint or common interest or any other legal 883 Created: 2025-06-13 12:18:56 [EST] (Republication) Page 3 of 10 entity including any officer, employee, department, agency, or instrumentality of the United States, a state or any political subdivision of a state or any other entity whatsoever of any combination of such, jointly or severally. Plainly audible. A sound which is capable of being heard by a human being without the assistance of a mechanical or electronic listening or amplifying device. Powered model vehicle. Any self-propelled airborne, waterborne or landborne plane, vessel or vehicle which is not designed to carry persons, including but not limited to any model airplane, boat, car or rocket. Private right-of-way. Any street, avenue, boulevard, highway, sidewalk, bike path, or alley, or similar place, which is not owned or controlled by a governmental entity. Public right-of-way. Any street, avenue, boulevard, highway, sidewalk or alley or similar place normally accessible to the public which is owned or controlled by a governmental entity. Public space. Any real property or structures thereon normally accessible to the public. Pure tone. Any sound which can be distinctly heard as a single pitch or a set of single pitches. For the purpose of measurement, a pure tone shall exist if the one -third (⅓) octave band sound pressure level in the band with the tone exceeds the arithmetic average of the sound pressure levels of the two (2) contiguous one -third (⅓) octave bands by five (5) dB for center frequencies of five hundred (500) Hz and above and by eight (8) dB for center frequencies between one hundred sixty (160) and four hundred (400) Hz and by fifteen (15) dB for center frequencies less than or equal to one hundred fifteen (115) Hz. Real property line. An imaginary line along the surface, and its vertical plane extension, which separates the real property owned, rented or leased by one (1) person from that owned, rented or leased by another person, excluding intra-building real property divisions. Receiving land use. The land, which is receiving the noise or sound as designated by the City zoning map (and for recently incorporated areas, the effective zoning category). Residential. A parcel of land whose use is designated to provide only permanent housing and excluding all tourist accommodations which includes but is not limited to hotels, motels, apartme nt hotels, etc. RMS sound pressure. The square root of the time averaged square of the sound pressure. Sound. An oscillation in pressure, stress, particle displacement, particle velocity or other physical parameter, in a medium with internal forces. The description of sound may include any characteristic of such sound including duration, intensity and frequency. Sound disturbance. Any sound or noise which is: (a) Plainly audible beyond a distance of twenty -five (25) feet or further from the apparent property line from which the sound emanates, in a single residential zoning district, or (b) Plainly audible in a dwelling unit adjacent to the unit from which the sound emanates or is plainly audible twenty-five (25) feet or further from the apparent property line from which the sound emanates, in multi-family residential zoning districts. (c) Plainly audible beyond a distance of one hundred (100) feet or further from the apparent property line from which the sound emanates when the sound emanates in a commercial zoning district and is heard in a residential zoning district. (d) Plainly audible beyond a distance of one hundred (100) feet or further from the apparent property line from which the sound emanates when the sound emanates in a public use zoning d istrict and is heard in a residential zoning district. 884 Created: 2025-06-13 12:18:56 [EST] (Republication) Page 4 of 10 For purpose of enforcement, it is not necessary to specifically identify the property line as would be depicted on a survey, rather an approximation of the property line may be used taking into consid eration physical landmarks such as fences, landscaping, setbacks, driveways, or ground treatment. Sound level. The weighted sound pressure level obtained by the use of a metering characteristic and weighting A, B, or C as specified in American National Standards Institute specification for sound level meters, ANSI S1.4-1971, or in successor publications. If the weighing employed is not indicated, the A -weighting shall apply. Sound level meter. An instrument which includes a microphone, amplifier, RMS detector, integrator or time averager, output meter and weighing networks used to measure sound pressure levels. The output meter reads sound pressure levels when properly calibrated, and the instrument is of Type 2 or better, as specified in the American National Standards Institute Publication S1.4-1971, or its successor publications. Sound pressure. The instantaneous difference between the actual pressure and the average or barometric pressure at a given point in space, as produced by the presence of sound energy. Sound pressure level. Twenty (20) times the logarithm to the base ten (10) of the ratio of the RMS sound pressure to the reference pressure of twenty (20) micropascals (2 x 10 6 N/m2 ). The sound pressure level is denoted Lp or SPL and is expressed in decibels. Use. Any activity, event, operation or facility which creates noise. Weekday. Any Monday through Friday (at 6:00 p.m.) which is not a legal holiday as defined herein. Weekend. Any Saturday or Sunday (until 8:00 p.m.). (Ord. No. 85-16, § 2, 3-19-85; Ord. No. 86-3, § 1, 3-4-86; Ord. No. 11-003, § 2, 2-15-11; Ord. No. 18-033, § 2, 12-4- 18) Sec. 15-8.3. Same-Program administration. (a) The noise and sound control program established by sections 15-8 through 15-8.9 shall be administered by the City Manager, or his/her designee, of the City of Boynton Beach, Florida. (b) For the purposes of section 15-8.9 and its enforcement, municipal employees or officials engaged in the measurement of noise or sound, assessing compliance with such sections, making recommendations for noise and sound abatement, issuing noise and sound violations citations, or giving evidence regarding nois e and/or sound violations shall have received formalized training on these subjects from institutions or organizations of recognized ability and experience in environmental acoustics and noise and sound control. (Ord. No. 85-16, § 2, 3-19-85; Ord. No. 86-3, § 2, 3-4-86; Ord. No. 89-16, § 1, 6-20-89; Ord. No. 11- 003, § 2, 2-15- 11; Ord. No. 18-033, § 2, 12-4-18) Note(s)—See the editor's note following § 15-8. Sec. 15-8.4. Same-Inspections. Upon presentation of proper credentials, the City Manager or his/her designee, may enter and/or inspect any private property, place, report or records at any time when granted permission by the owner, or some other person with apparent authority to act for the owner. When permission is refused or cannot be obtained, a search warrant may be obtained from a court of competent jurisdiction upon showing of probable cause to believe that a violation of sections 15-8 through 15-8.9 may exist. Such inspection may include administration of any necessary tests. (Ord. No. 85-16, § 2, 3-19-85; Ord. No. 11-003, § 2, 2-15-11; Ord. No. 18-033, § 2, 12-4-18) 885 Created: 2025-06-13 12:18:56 [EST] (Republication) Page 5 of 10 Note(s)—See the editor's note following § 15-8. Sec. 15-8.5. Sound and noise control—Prohibited acts. No person shall make, continue or cause to be made any noise or sound disturbance. The making of noise or sound in violation of this chapter shall constitute prima facie evidence of a noise and/or sound disturbance. (a) Sound or noise disturbances prohibited. No person shall unnecessarily make, continue or cause to be made or continued any sound or noise disturbances. (b) Specific prohibitions. The following acts, which enumeration shall not be deemed to be exclusive, and the causing or permitting thereof in such a manner as to create a noise or sound disturbance across a residential or commercial real property line, or within a noise sensitive zone, or at any time in violation of the provisions of section 15-8.8, are hereby declared to be a violation: (1) The playing, using, operating or permitting to be played, used or operated, any r adio, phonograph or musical instrument, or other machine or device for the producing or reproducing of sound in such a manner or with such volume, that is plainly audible to any person other than the player(s) or operator(s) of the device, and those who ar e voluntarily listening to the sound, and is plainly audible from a public street, the adjacent lot nearest to the source, or at a distance of twenty-five (25) feet or more, particularly during the hours between 11:00 p.m. and 7:00 a.m. (2) Loudspeakers. Using or operating for any purpose other than those activities specifically exempted in section 15-8.6(d) below, any loudspeaker, loudspeaker system or similar device, including sound emitting devices which may be physically attached to any motor vehicle. (3) Street sales. Offering for sale, selling or advertising for sale by shouting or outcry, anything within any area of the City. (4) Animals. Owning, possessing or harboring any animal, bird or fowl which persistently howls, barks, meows, squawks, bays, cries or otherwise makes noises or sounds which create a noise or sound disturbance or is plainly audible from a public street, and/or from a distance of twenty-five (25) feet and/or from the adjacent lot nearest to the building, structure, or yard in which the animal, bird or fowl is located. A person is responsible for an animal, bird or fowl if the person owns, controls, or otherwise cares for the animal, bird or fowl. It shall be an affirmative defense to any charge hereunder that such animal, bird or fowl was emitting such noise in response to an intrusion upon the premises by any person. (5) Loading or unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects in such a manner as to cause a noise or sound disturbance. (6) Construction. Operating or causing the operation of any tools or equipment used in construction, drilling, excavation, clearing, repair, alteration or demolition work on weekdays during the times specified in section 15-8.8, or at any time during Sundays or legal holidays. (7) Fixed mechanical equipment. Operating or causing the operation of fixed mechanical equipment located on real property including HVAC equipment, motors, engines, pumps, compressors, fans, tools, machinery, and its component parts, or any other similar stationary mechanical devices and their component parts except as otherwise exempted in section 15-8.6(f). (8) Motorboats. Operating or causing the operation of a motorboat in such a manner as to cause a noise or sound disturbance. (9) Yelling, shouting, hooting, whistling, singing, and other vocal sounds in excess of a normal conversational level, any of which occurs between the hours of 11:00 p.m. and 7:00 a.m., so as to 886 Created: 2025-06-13 12:18:57 [EST] (Republication) Page 6 of 10 create a plainly audible sound across a residential real property line or on a public right -of-way or public property, or that is plainly audible to an occupant of a dwelling unit within a building other than an occupant of the unit from which the sound emanates, that can be heard from a distance of twenty-five (25) feet or more from the source, particularly in noise-sensitive zones. This section is to be applied only to those situations where the disturbance is not a result of the content of the communication but due to the volume, duration, location, timing or other factors not based on content. (10) The use of any automobile, motorcycle or vehicle so out of repair, so loaded or in such a manner as to cause loud grating, grinding, rattling or other noise that is plainly audible from a distance of twenty-five (25) feet or more. (11) Operating or permitting the operation of powered model vehicles, either airborne, waterborne, or landborne, which are designed not to carry persons or property, such as, but not limited to, model airplanes, boats, cars, rockets, and which are being propelled by mechanical means, within a public recreation area or park other than those areas specifically designated for such purpose by the City Commission. (12) The creation of any sound or noise on any street adjacent to a noise sensitive zone, where those entities defined herein as being part of a noise-sensitive zone are in operation, which is plainly audible within the entity, from a distance of twenty-five (25) feet from the noise or sound, and interferes with the operation of the entity, provided conspicuous signs are displayed in such streets indicating that the same is a school, hospital or court street. (13) The sounding of any horn or signaling device, except as a danger warning, for any unnecessary or an excessive period of time or the reasonable use of any horn or signaling device, in such manner as to cause a noise or sound disturbance. (14) The creation or permitting of any loud or raucous noise or sound so as to disturb the peace, quiet or comfort of a residence within the immediate or adjacent neighborhood. (15) Vibration. The creation or permitting of any sound or noise that produces a ground vibration, noticeable, without instruments, at the lot lines of the property from which the sound or noise emanates, provided there shall be excepted from the provisions of this division the use of pile drivers, back hoes, tampers, ditch diggers, bobcats, road graders, rollers and like equipment used in standard construction between the hours of 7:30 a.m. to 6:00 p.m. of any day. (c) Generators - exemption. Notwithstanding the foregoing prohibited acts, the use of gasoline or propane powered generators is permitted during periods of power outage following natural disasters and during periods of maintenance. Operation for purposes of maintenance of the generator shall only occur during daylight hours on weekdays and only for the minimum amount of time required by the manufacturer. Any person using a generator, except during periods of power outage, is subject to the restrictions on noise generation as otherwise set forth in this chapter. (Ord. No. 85-16, § 2, 3-19-85; Ord. No. 86-3, § 3, 3-4-86; Ord. No. 89-23, § 1, 9-19-89; Ord. No. 91-8, § 3, 2-19-91; Ord. No. 06-058, § 2, 7-5-06; Ord. No. 11-003, § 2, 2-15-11; Ord. No. 18-033, § 2, 12-4-18) Note(s)—See the editor's note following § 15-8. Sec. 15-8.6. Same-Exemptions. The following acts and the causing or permitting thereof shall be specifically exempted from the prohibitions of section 15-8.5. 887 Created: 2025-06-13 12:18:57 [EST] (Republication) Page 7 of 10 (a) Motor vehicles. Operating motor vehicle noise enforcement procedures shall be as established in F.S. Chapter 316, and applicable rules and regulations of the Department of Highway Safety and Motor Vehicles, provided however, that this exemption shall not apply to any sound emitting devices which may be attached to any motor vehicle as prohibited by section 15-8.5(b)(2). (b) Aircraft and interstate railway and locomotives and cars. Noise generated by aircraft and interstate railway locomotives and cars are exempt from these provisions. (c) Emergency activities. Any noise generated as a result of emergency work or for the purpose of alerting the public of the existence of an emergency situation. (d) Public speaking and assembly. Any noise generated by any noncommercial public speaking or public assembly activities conducted pursuant to lawful authority on any public space or right -of-way, including sporting events. (e) Domestic power tools and lawn maintenance equipment. Any noise generated by the operation and use of domestic power tools and lawn maintenance equipment. (f) Fixed mechanical equipment. Noise generated by the operation and use of air conditioning units in residential districts. (g) Nonamplified solo musical instrument played by an individual within a private residence between the hours of 9:00 a.m. and 8:30 p.m. (h) Construction. The foregoing provisions of section 15-8.5(a), (b) and subparagraph (6) of this section shall not apply to municipal, county or state public works, emergency matters or matters having an effect on the public health, safety and welfare of the City in those zoning districts of mixed use, commercial and industrial, and where the noise or sound disturbance across a residential property line would not exceed those sound and noise limits set forth in section 15 -8.8 of this article. (i) Any vehicle of the City while engaged in necessary public business. (j) Noises and sounds of authorized safety signals and warning devices. (k) Noises and sounds resulting from emergency work, which is to be construed as work made necessary to restore property and/or utilities to a safe condition following a public emergency, or work required to protect persons or property from any imminent exposure to danger. This exemption includes noises from emergency communications and utility work following a public calamity and in connection with restoration of service operations. (l) Noises and sounds resulting from community events, including but not limited to, fairs, sporting events, school activities, community festivals, etc. (Ord. No. 85-16, § 2, 3-19-85; Ord. No. 86-3, § 4, 3-4-86; Ord. No. 89-23, § 2, 9-19-89; Ord. No. 01-24, § 1, 6-5-01; Ord. No. 11-003, § 2, 2-15-11; Ord. No. 18-033, § 2, 12-4-18) Note(s)—See the editor's note following § 15-8. Sec. 15-8.7. Same-Penalty for violation. Any person, firm or corporation convicted in a court of competent jurisdiction of a violation of sections 15-8 through 15-8.9 shall be guilty of a misdemeanor of the second degree, punishable by a fine and/or incarceration as provided by law. The City of Boynton Beach Code Compliance Board shall have the authority and jurisdiction to prosecute such offenses. Each complaint of said violation shall be a separate offense. (Ord. No. 85-16, § 2, 3-19-85; Ord. No. 86-3, § 5, 3-4-86; Ord. No. 97- 51, § 2, 11-18-97; Ord. No. 11- 003, § 2, 2-15- 11; Ord. No. 18-033, § 2, 12-4-18) 888 Created: 2025-06-13 12:18:57 [EST] (Republication) Page 8 of 10 Note—See the editor's note following § 15-8. Sec. 15-8.8. Same-Sound levels by receiving land use. (a) Sound and noise limits established. No person shall operate or cause to be operated any source of sound or noise as enumerated in section 15-8.5(b), and unless specifically exempted by section 15-8.6, in such a manner as to create a sound or noise disturbance or an exterior or interior sound level of any origin which exceeds the limits set forth for the receiving land use category in question for more than ten (10) percent of any measurement period which shall not be less than ten (10) minutes when measured at or within the boundaries of a property or within the confines of a building within the receiving land use and as a result of a source of sound being located on some other property. (b) L10 noise and sound level limits. Permissible noise and sound levels for noises or sounds transmitted to receiving land use areas shall not exceed the following limits for L10 sound or noise levels as defined herein. For the purpose of these sound and noise control provisions, such sound or noise levels shall be determin ed using FAST meter responses: Receiving Land Use Emanating Land Use Category Time Level Limit L10 Sound Residential Exterior Sun. - Thurs. 7:00 a.m. - 11:00 p.m. 60 (dB)A L10 Sound Residential Exterior Fri. & Sat. and holidays 11:00 p.m. - 7:00 a.m. 55 (dB)A L10 Sound Residential Exterior Sun. - Thurs. 12:00 a.m. - 7:00 a.m. 55 (dB)A L10 Sound Commercial Exterior At all times 65 (dB)A L10 Sound Residential Interior Sun. - Thurs. 7:00 a.m. to 11:00 p.m. 50 (dB)A L10 Sound Residential Interior Fri. & Sat. and holidays 7:00 a.m. - 12:00 a.m. 50 (dB)A L10 Sound Residential Interior Sun. - Thurs. 12:00 a.m. to 7:00 a.m. 45 (dB)A L10 Sound Commercial Interior At all times 55 (dB)A (c) Maximum sound and noise level limits. The maximum sound and noise level from any applicable sound and noise sources shall not exceed the L10 sound and noise level limits by more than the values listed below: 10 (dB) A from 7:00 p.m. to 11:00 p.m. 5 (dB) A from 11:00 p.m. to 7:00 a.m. (d) Pure tone and impulse noise or sound. For any source of sound or noise which emits a pure tone or an impulse noise or sound, as defined herein, the sound or noise level limits for L10 and maximum sound or noise levels shall be reduced by five (5) (dB) A. 889 Created: 2025-06-13 12:18:57 [EST] (Republication) Page 9 of 10 (e) District boundaries. When a noise or sound source can be identified and its noise or sound can be measured in more than one land use designation, the pressure level limits of the most restrictive use district shall apply at that designation boundary. (f) The burden shall be on any person contesting the equivalent sound levels to establish the actual equivalent sound or noise level by clear and convincing evidence. (Ord. No. 85-16, § 2, 3-19-85; Ord. No. 85-45, Attach. (b), 8-20-85; Ord. No. 86-3, § 6, 3-4-86; Ord. No. 86-14, § 1, 8-19-86; Ord. No. 11-003, § 2, 2-15-11; Ord. No. 18-033, § 2, 12-4-18) Note(s)—See the editor's note following § 15-8. Sec. 15-8.9 Same- Measurement of noise and sound. In determining whether a violation of this section has occurred, the complaint of noise shall be measured by the code enforcement division or Police Department according to the following plainly audible standard: (a) The primary means of measurement shall be by ordinary, auditory senses of a reasonable person with normal sensitivities, so long as any mechanical device does not enhance their hearing, such as a microphone or hearing aid. (b) The measurement shall be taken on, or as near as possible to the real property line of the property upon which the sound or noise source is located, and in any event from a location not less than twenty - five (25) feet from the source measured in a straight line. (c) When applicable, sound and noise shall be measured with a sound level meter. The sound or noise level shall be measured at a distance no closer to the point from which the sound or noise in question is emanating than the property line of the parcel or lot from which the sound or noise is emanating or through partitions common to two (2) parties within a building. (d) A measurement period shall not be less than ten (10) minutes in duration. The sound or noise b eing measured shall be representative of the sound or noise which instigated the complaint. (e) A measurement shall be recorded so as to secure and ensure an accurate representation of the sound or noise. (f) A measurement shall be taken at approximately five (5) feet above the ground or water surface away from any obstruction or reflecting surface. (g) When necessary, a microphone windscreen shall be required to avoid wind noise biasing of a measurement. (h) All manufacturers' directions on the operation of the sound level meter shall be followed (e.g. proper microphone angle). (i) All sound level meters used for measurement shall be in conformance with ANSI section 1.4 -1983, as amended. (j) All octave and third octave band filter sets of the sound level meter shall be in conformance with ANSI section 1.11-1976, as amended. (k) Instrumentation for sound level measurements may be class 1 or class 2 (ANSI section 1.4 -1971), as amended. (l) Measurements of sound and noise shall be made by individuals tr ained in a noise or sound measurement program approved by the county or other training facility. (Ord. No. 18-033, § 2, 12-4-18) 890 Created: 2025-06-13 12:18:57 [EST] (Republication) Page 10 of 10 891 Meeting Minutes City Commission Boynton Beach, Florida February 18, 2025 7C. Proposed Resolution No. R25-050- Award of Task Order No. GESCM- 2J-02-25 and approve a budget amendment to appropriate the funds for Craven Thompson Associates as the next pre-qualified vendor for the Preliminary Design of South Seacrest streetscape improvements in the amount of $161 ,170 plus a 10% allowance of$16,117 if needed for staff approval of change orders for unforeseen conditions for a total expenditure of$177,287 based on costs provided by Craven Thompson & Associates. Commissioner Turkin stated that this project has been a long time coming, over 30 years, and asked for a timeline of how we got here. Deputy City Manager Mack spoke about this being a continuation of his very first project when he started with the City. He said that these projects were planned over 20 years ago, and it is exciting to see this one get started. He stated that this will beautify the area and reduce speeding. He mentioned working with the County on this project and incorporating this project into the County's overall plan. Commissioner Turkin stated that he is excited to see this coming, and he praised County Commissioner Marci Woodward for her help in the project. Motion: Commissioner Turkin moved to approve Proposed Resolution No. R25-050. Commissioner Hay seconded the motion. The motion passed unanimously. 10C. Discussion regarding construction hours near residential locations. Heard out of Order) Adam Temple, Assistant City Manager, stated that staff worked with Commissioner Cruz on this analysis, to get ready for this presentation. Pat Hart, Community Standards Supervisor, spoke about eight municipalities that they compared our Code to, in regard to construction hours. Commissioner Cruz thanked staff for doing this research and for coming to the Town Hall meeting in Monterrey. She mentioned that this is complete obstruction of peace and sleep of her constituents. Mr. Hart stated that they have staff checking Monterrey from 6:00 A.M. to 9:00 A.M. to see if anyone does work during those hours, and they are working with the Police as well. Commissioner Cruz stated that citizens have a right to a peaceful home. She asked to have a noise litigation waiver explained. 7 892 Meeting Minutes City Commission Boynton Beach, Florida February 18, 2025 John Kuntzman, Building Director, spoke about the waiver form that was used when City Hall was constructed, and what the rules are with the waiver. He said that for this project, the contractor had the Police on site during a portion of construction, which complied with the regulations. He stated that for another project, they had to have a complaint line, that was available to residents, to keep tabs on it. He spoke about reports that they have had on vibrations in the community. Mayor Penserga asked who owns the vibration censor. Mr. Kuntzman stated that they are provided by a third party. Mayor Penserga said that he would trust it more if the City owned the vibration censor rather than the third party. Commissioner Turkin said that maybe the City could choose a censor vendor. Commissioner Cruz stated that she wants to provide relief to these residents and future residents that are near construction locations. She said that she would like to remove the exemption of any construction after designated working hours, especially related to properties adjacent to residential areas within a certain number of feet. She said that the goal is to figure out the distance from residential homes to the building. Mr. Temple stated that there were a lot of concrete pours needed for this project, and they were trying to remove them from peak hours of traffic. Mr. Kuntzman spoke about the impact of the number of concrete trucks that are lined up to pour concrete for this project, and that shifting it to daytime hours would cause a huge backup in traffic. He mentioned some of the other reasons why they have been conducting concrete pours at night, instead of during the day. Commissioner Cruz said that unfortunately this is causing an issue with residents, and she understands the business side of it. She suggested a change of the hours. Mayor Penserga said that he supported changing the hours and distance from the residences. Commissioner Cruz said that she proposed constructions hours for 8 A.M.-8 P.M. Monday-Friday, 9 A.M.-8 P.M. on Saturday, and none on Sunday. She stated that this would be for any construction within a certain amount of feet of residential areas. Commissioner Hay said that he supports this, because quality of life is more important to him, than construction. He stated that he gets a lot of complaints about this as well. Commissioner Turkin said that he supports this change and suggestion, and that it is important to include the exemption of emergency matters, such as a busted water pipe. 8 893 Meeting Minutes City Commission Boynton Beach, Florida February 18, 2025 He stated that there is a lot of development that is coming, which was approved, so it is important to get ahead of this now. He mentioned that we are here to enable a policy to make necessary changes. Vice Mayor Kelley stated that the timing that she is suggesting is even shorter, 10 A.M. to 4 P.M. She said that she is in support of establishing construction times, and doesn't mind making it a little stricter, for at home quiet times in the evenings. Commissioner Cruz said that she is comfortable with the stricter hours. She asked to allow public comment on this item. City Attorney Lamb stated that we can come up with an Ordinance with this direction and have public hearings at that time. Commissioner Turkin stated that he doesn't mind opening up to comments. He asked if the cities we compared to have a separate noise ordinance. Assistant City Manager Temple responded that they did, and mentioned that the City has a citywide noise ordinance, with a construction portion. Dan Dugger, City Manager, said that it goes to midnight on the weekends, and spoke about the allowed decibels. He mentioned that if it is after hours, the Police will go there and check the decibel levels and report to Community Standards. Commissioner Turkin asked to make the noise ordinance stricter as well, because this should be updated. He mentioned that he would like a complete a code overhaul. Mayor Penserga asked if the City should make a separate Ordinance for construction hours. City Attorney Lamb stated our that Code of Ordinances is all over the place, and it is very expensive to do an overhaul, but she will determine if they need a completely new ordinance or not. She stated that the next meeting is March 18, which is after a new Board is sworn in. Commissioner Hay asked if we have measured the decibel levels at Monterrey. Mr. Hart stated that they have during the day, and it has measured to be in line with what is allowed. He spoke about the rules of how they measure decibel levels. Commissioner Hay said that he is okay with allowing Public Comments. Vice Mayor Kelley said that she doesn't want to set a precedent to allow Public Comment for this, when they already spoke during Public Audience. She stated that if we come back with an ordinance, it would allow for public comment. 9 894 Meeting Minutes City Commission Boynton Beach, Florida February 18, 2025 Commissioner Hay said that he understands, but would like to know which end of the spectrum is the most problematic. He mentioned that they can make an exception. City Attorney Lamb stated that this is a discussion item and that they can have a Public Comment portion when they come back with an Ordinance. Mayor Penserga said that the majority of the Board has decided to allow Public Comment. Beth Stanzone, Monterrey resident, stated that most recently, they had very loud pounding, and that she had to go try to talk to the construction company to mitigate the noise issue. She said that they have pieces of construction that over exceeds the decibel levels, it is not all the time. Amelia stated that this has been going on for eight months, and that they need help sooner than later. She said that they need some kind of relief today, not later. Mayor Penserga stated that direction has been given to staff. Assistant City Manager Temple clarified the direction that was given to staff for a Code change. Commissioner Cruz said that the purpose is to not allow construction to happen after 8 P.M., and removing the exception. Commissioner Turkin stated that he is okay to come back to for a special meeting if they need it. Mayor Penserga said that this is a draft. Commissioner Cruz said that it should only be when it is adjacent to residential areas, not for other areas. Commissioner Turkin said that the Board should be able to make changes, but without causing an issue where it doesn't affect residents. Commissioner Cruz reiterated her direction and said that this is very specific in the Code. 8. Public Hearing Commissioner Turkin left the dais at 7:33 P.M. Commissioner Cruz said regarding Items 8A that she has not had any ex-parte communication, has not received written communication, has not conducted an 10 895