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Agenda 06-06-17
The City of Boynton Beach City Commission Agenda Tuesday, June 6, 2017, 6:30 PM Commission Chambers 100 E. Boynton Beach Blvd., Boynton Beach, FL 33435 Regular City Commission Meeting Boynton Beach City Commission Mayor Steven B. Grant (At Large) Vice Mayor Justin Katz (District 1) Commissioner Mack McCray (District 11) Commissioner Christina L. Romelus (District III) Commissioner Joe Casello (District IV) Lori LaVerriere, City Manager James Cherof, City Attorney Judith A. Pyle, City Clerk *MISSION* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. www. boynton- beach. org Page 1 of 555 WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT CITYOF 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, presentations and first reading of Ordinances - Time Limit - Three (3) minutes ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person who disputes 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 pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). Page 2 of 555 1. OPENINGS A. Call to Order - Mayor Steven B. Grant I nvocation Pledge of Allegiance to the Flag led by Vice Mayor Katz. Roll Call Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Informational items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITY& SPECIAL EVENTS & PRESENTATIONS A. Senator Jeff Clemons and Representative Lori Berman will provide an update on the recent legislative sessions. B. Announce a Special Commission meeting on June 12, 2017 at 6:00 PM in the Commission Chambers concerning update on the Town Square Project. C. Announce that the July 5, 2017 Commission Meeting has been cancelled. D. Announcement of the annual change to free chlorination of the water supply from June 9, 2017 through July 7, 2017. E. Announce the Cocoanut Dreams exhibit and reception by Debby Coles-Dobay, Public Arts Manager F. Announce the "Fishing for Fireworks?" event that will be held at Intracoastal Park, 2240 N. Federal Hwy., on SATURDAY, JULY 1ST. Activities will begin at 6 pm, and the fireworks are scheduled to start at 9 pm. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings exist: Arts Commission: 1 Alt Page 3 of 555 Building Board of Adjustments & Appeals: 3 Regs and 2 Alts Library Bd: 2 Regs and 1 Alt Recreation & Parks Bd: 1 Alts Planning & Development Bd. - 1 Reg Senior Advisory Bd: 2 Alts B. Authorize City Commissioners to travel and hotel stay for the Florida League of Cities Annual Conference at the World Center Marriott in Orlando, FL, August 17-19, 2017 and a workshop on August 16, 2017. C. Appoint Voting Delegate for the Florida League of Cities Annual Conference, August 17-19, 2017. D. Authorize the Mayor's travel to Rauma, Finland on June 21, 2017 to lead a delegation to meet the Mayor of Rauma. 6. CONSENTAGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. PROPOSED RESOLUTION NO. R17-052 - Approve and authorize the City Manager to sign a Lease and Easement Agreement with Florida Power & Light (FPL) to enable installation of Solar Canopies at Boynton Beach Oceanfront Park and Congress Avenue Barrier Free Park. B. PROPOSED RESOLUTION NO. R17-053 - Approve and authorize the City Manager to sign the Mutual Aid Agreement between the City and Phillips and Jordan for hurricane/disaster debris removal as provided for under the Solid Waste Authority's Mutual Aid Agreement No 17-204B with the same terms and conditions. Contract Period: May 8, 2017 - May 7, 2022 C. PROPOSED RESOLUTION NO. R17-054 - Approve and authorize the City Manager to sign an End User Professional Services Agreement with Thompson Consulting Services for debris monitoring services. Contract Period: May 8, 2017 through May 7, 2022 D. PROPOSED RESOLUTION NO. R17-055 - Approve and authorize the City Manager to sign the proposal from Con Tech Building Corporation of Delray Beach, FL in the amount of $46,596, plus a 10% contingency of $4,660, for a total estimated cost of $51,256 for the purpose of completing bridge repairs that were recommended by the Florida Department of Transportation. E. Approve utilizing the City of Miami Beach's Contract ITB -2014 -191 -SW for interior and exterior painting and waterproofing for the fiscal year 2016/2017 from Hartzell Painting Contractors of Pompano Beach, FL for an estimated amount of $75,000. The City of Miami Beach's procurement process satisfies the City's competitive bid requirements. F. Approve reduction of a Performance Bond No. SU40078 by the amount of $824,717.30 from $1,232,294.80 to $407,577.50 for the completion of the earthwork and the paving, grading, and drainage improvements in association with the Casa Del Mar project. G. Approve the release of the performance bond No. 016059438 in the amount of $43,312 and a surety bond in the amount of $16,638.80 for the project known as Vista Lago in connection with the water and sewer utilities. H. Approve the reference generator as surplus equipment as submitted by Utilities and Warehouse departments and allow the City to use online auction website, Govdeals.com as the disposal method for this and various other future surplus. Accept the Fiscal Year 2016-2017 Budget Status Report of the General Fund and the Utilities Fund for the seven (7) month period ended April 30, 2017. Approve the one-year extension for RFPs/Bids and/ or piggy -backs for the procurement of services and/or commodities as described in the written report for June 6, 2017 - "Request for Page 4 of 555 Extensions and/or Piggybacks". K. Approve the minutes from the Regular City Commission meeting held on May 16, 2017. 7. BIDS AND PURCHASES OVER $100,000 A. Approve utilizing the City of Miami's Contract IFB No. 516388 to furnish and install emergency equipment for law enforcement vehicles on an "AS NEEDED BASIS" from Dana Safety Supply, Inc. of Doral, FL and LESC, Inc. d/b/a Law Enforcement Supply of Coconut Creek, FL for an estimated annual amount of $175,000. The City of Miami's procurement process satisfies the City's competitive bid requirements. 8. CODE COMPLIANCE and LEGAL SETTLEMENTS - None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 10. CITY MANAGER'S REPORT -None 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS A. Discussion and direction regarding draft amendments to the Workforce Housing Program. B. The Mayor has requested to discuss the City's legal services. C. Update on the impact of the proposed increase in the homestead exemption as recently passed in the recent legislative session. 13. LEGAL A. PROPOSED ORDINANCE NO. 17-012 - SECOND READING - PUBLIC HEARING - Approve the updated Chronic Nuisance Property Code. B. PROPOSED RESOLUTION NO. R17-056 - Approve the Chronic Nuisance Service Costs Resolution. C. PROPOSED ORDINANCE NO. 17-013 - SECOND READING - PUBLIC HEARING - Approve the Local Register historic designation application for the site of the Boynton School (the Children's Museum) located at 129 E. Ocean Avenue, Boynton Beach. D. Pursuant to Section 286.011(8), Florida Statutes, the City Attorney is requesting a private attorney-client session of the City Commission to discuss pending litigation in the following case: SECURED HOLDINGS INC, Plaintiff, vs. QUANTUM OVERLAY DEPENDENT DISTRICT, EUGENE GERLICA and CITY OF BOYNTON BEACH, Defendants — Palm Beach County Circuit Court Case No. 502016CA005668XXXXMB 14. FUTURE AGENDA ITEMS A. Monthly Departmental Presentations: I TS/GIS - June, 2017 Public Works - July, 2017 Page 5 of 555 B. Budget workshops for the FY 17/18 budget are scheduled in the Library Program Room on the following dates and times: Monday, July 17, 2017 @ 5:00 P.M. Tuesday, J my 18, 2017 @ 10:00 A. M. Wednesday, July 19, 2017 @ 2:00 P.M. C. Proposed Medical Cannabis Dispensary Ordinance - 6/20/17 D. Draft workforce housing ordinance for discussion - 6/20/17 E. Mignano Tree Care (COUS 17-001) — Approve Conditional Use request for the stockpiling of landscape debris, located on the vacant parcel north of 301 SE 10th Avenue in the M-1 (Industrial) zoning district. Applicant: Joe Mignano, Mignano Tree Care. -- 6/20/17 F. Boynton Village & Town Center (MPMD 17-003L— Approve request for Master Plan Modification to the Boynton Village & Town Center development to amend the previous approvals for the vacant tracts within Boynton Village & Town Center from 643 condominiums, 350 apartments and 115 single-family homes to 668 apartments and 115 single-family homes, on 106.499 -acres located at the NE corner of Congress Avenue and Old Boynton Road. Applicant: Jeffrey Bartel, Berger Singerman LLP. -- 6/20/17 G. Alta at Cortina (MSPM 17-004 — Approve request to construct 318 apartments and related site improvements on SMU Parcel 3 of the Boynton Village & Town Center master planned development, located on a 10.246 -acre vacant tract on the west side of Renaissance Commons Boulevard, immediately south of the Boynton (C-16) Canal, in the SMU (Suburban Mixed Use) zoning district. Applicant: Jeffrey Bartel, Berger Singerman LLP. -- 6/20/17 H. Quantum Park & Village South — Retail Bldg. 1 (MPMD 17-0021 —Approve request for Master Site Plan Modification for Retail Building 1 of the Quantum Park & Village South Mixed Use Pod, including request for PID (Planned Industrial Development) district waiver to reduce the side setback along the west side of Retail Building 1 from 15 feet to 5 feet, on 14.27 acres located at 1080 Gateway Boulevard, in the PID (Planned Industrial Development) zoning district. Applicant: Dale Lyon, Olen Development Corp. -- 6/20/17 I. Cultural District Overlay Zone (CDRV 17-001) — Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapters 2, 3 and 4 to continue the implementation of the Community Redevelopment Plan with the establishment of the new Cultural District Overlay Zone regulating site development standards, uses, and urban design. Applicant: City -initiated. -- 6/20/17 J. Boynton Beach Boulevard Overlay Zone (CDRV 17-002— Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapters 2, 3 and 4 to continue the implementation of the Community Redevelopment Plan with the establishment of the new Boynton Beach Boulevard Overlay Zone regulating site development standards, uses, and urban design. Applicant: City - initiated. -- 06/20/17 K. Group Homes and Minimum Off-street Parking Standards (CDRV 17-005 — Approve amendments to the CODE OF ORDINANCES, Chapter 13. Licensing, and the LAND DEVELOPMENT REGULATIONS, Chapter 1. Article II. Definitions, Chapter 3. Article IV. Use Regulations, and Chapter 4. Article V. Minimum Off -Street Parking Requirements that provide necessary updates, new standards, and justifications for the accommodation and regulation of group homes and parking requirements for single- and two-family dwelling units. Applicant: City - initiated -- 6/20/17 L. Medical Cannabis Dispensary (CDRV 17-003) — Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 1, Article II, Definitions, to add definitions that regulate the Medical Cannabis Dispensary Industry, and Chapter 3, Article IV, Use Regulations, Section 3.D, Use Matrix, Table 3-28 and Matrix Note #104 Medical Cannabis Dispensary to add the provisions and standards that regulate the Medical Cannabis Dispensary Industry. Applicant: City -initiated. 6/20/17 Page 6 of 555 15. ADJOURNMENT NOTICE IFA PERSON DECIDES TO APPEALANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEEDA RECORD OF THE PROCEEDINGSAND, FOR SUCH PURPOSE, HUSHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING 1S MADE, WHICH RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THEAPPEAL 1S TO BE BASED. (F. S. 286.0105) THE CITY SHALL FURNISH APPROPRIATEAUXII.IARYAIDSAND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL W1THA DISABILITYAN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, ORACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY CLERKS OFFICE, (561) 742-6060 OR (TTY)1-800-955-8771, AT LEAST 48 HOURS PRIOR TO THE PROGRAM ORACTIVITY IN ORDER FOR THE CITY TO REA.SONABLYACCOMMODATE YOUR REQUEST. ADD1TIONALAGENDA ITEMS MAY BEADDED SUBSEQUENT TO THE PUBLICATION OF THEAGENDA ON THE C1TYS WEB SITE INFORMATION REGARDING 1TEMSADDED TO THEAGENDA AFTER IT 1S PUBLISHED ON THE C1TYS WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. Page 7 of 555 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/6/2017 REQUESTED ACTION BY COMMISSION: Call to Order - Mayor Steven B. Grant I nvocation Pledge of Allegiance to the Flag led by Vice Mayor Katz. Roll Call Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Non -budgeted ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: 1.A. OPENING ITEMS 6/6/2017 Page 8 of 555 Department City Clerk Reviewer vim= Action WITAMIN, D ate II EN 9 RE MIS TRI Page 9 of 555 2.A. OTHER 6/6/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/6/2017 REQUESTED ACTION BY COMMISSION: Informational items by Members of the City Commission EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: REVIEWERS: Department City Clerk Reviewer Action Date Pyle, Judith Approved 3/14/2017 ® 3:47 HM Page 10 of 555 3.A. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 6/6/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/6/2017 REQUESTED ACTION BY COMMISSION: Senator Jeff Clemons and Representative Lori Berman will provide an update on the recent legislative sessions. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Non -budgeted None ALTERNATIVES: Do not allow the presentations. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department City Clerk Finance City Manager Reviewer Action Date Pyle, Judith Approved 4/25/2017 - 11:39 AM Howard, Tim Approved 4/25/2017 - 12:07 PM LaVerriere, Lori Approved 4/27/2017 - 3:50 PM Page 11 of 555 3.B. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 6/6/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/6/2017 REQUESTED ACTION BY COMMISSION: Announce a Special Commission meeting on June 12, 2017 at 6:00 PM in the Commission Chambers concerning update on the Town Square Project. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Finance Finance City Manager Reviewer Action Date Howard, Tim Approved 5/31/2017 ® 12:45 PM Howard, Tim Approved 5/31/2017 ® 12:45 PM LaVerriere, Lori Approved 6/1/2017 ® 4:57 PM Page 12 of 555 3.C. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 6/6/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/6/2017 REQUESTED ACTION BY COMMISSION: Announce that the July 5, 2017 Commission Meeting has been cancelled. EXPLANATION OF REQUEST: The first Commission meeting in July falls on Tuesday, July 4, 2017. On October 4, 2016 the Commission decided by consensus to move the meeting to Wednesday, July 5, 2017. The Commission cancelled the July 5, 2017 Commission Meeting at the April 4, 2017 Commission Meeting. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department City Manager Reviewer Action Date Stanzione, Tammy Approved 5/17/2017 ® 10:19 AM Page 13 of 555 3.D. REQUESTED ACTION BY COMMISSION: Announcement of the annual change to free chlorination of the water supply from June 9, 2017 through J my 7, 2017. EXPLANATION OF REQUEST: Boynton Beach Utilities will temporarily modify the disinfection process utilized to treat its drinking water from June 9, 2017 through July 7, 2017. Customers may notice a slight chlorine taste, or odor, in their tap water. These temporary conditions will not cause adverse health effects. Those sensitive to the taste, or odor, of chlorine, can place an open container of drinking water in the refrigerator for a few hours to allow the chlorine to dissipate. Users of home dialysis machines, owners of tropical fish and managers of stores, and restaurants with fish and shellfish holding tanks are advised to seek professional advice as the method for removing chlorine residuals differs from removing chloramine residuals from their water. This is a preventative maintenance process in order to ensure that potable water delivered to the customer is of the highest quality. For more information, please call 561-742-6964. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? There will be no impact. The quality of the water supply will be maintained. FISCAL IMPACT: None ALTERNATIVES: None STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 14 of 555 ATTACHMENTS: Type Description D Addendum Public Notice REVIEWERS: Department Reviewer Action Date Utilities Pigott, Bevis Approved 5/22/2017 ® 11:53 AM Assistant City Manager Groff, Colin Approved 5/22/2017 ® 1:02 PM City Manager LaVerriere, Lori Approved 6/1/2017 ® 4:41 PM Page 15 of 555 PUBLIC NOTICE TO WATER SYSTEM CUSTOMERS OF THE CITY OF BOYNTON BEACH UTILITY The City of Boynton Beach Water Utility will be temporarily changing its method of potable water treatment to free chlorination beginning Friday, June 9, 2017 through Friday, July 7, 2017. This is an annual process in which we switch to a stronger disinfection method in order to ensure that the potable water delivered to the customer is of the highest quality. As a result, the customer may notice a slight change in odor and taste in their water; otherwise there will be no adverse effects. Because of this change the following people should be aware of possible issues with their systems: users of home dialysis machines, owners of tropical fish aquariums and managers of stores and restaurants with holding tanks for fish and shellfish. These groups are encouraged to speak to an appropriate professional for guidance on how to operate their equipment during this period. Any changes will be eliminated when the Utility reverts to our normal disinfection method at the end of this period. Please be assured that this is a routine procedure and that there are no problems with your water supply. If you would like further information on this matter please call our Water Quality Division at 742-6964 during working hours Monday through Friday. Page 16 of 555 3.E. REQUESTED ACTION BY COMMISSION: Announce the Cocoanut Dreams exhibit and reception by Debby Coles-Dobay, Public Arts Manager EXPLANATION OF REQUEST: "Cocoanut Dreams„ By historians and authors, Janet DeVries and Ginger Pedersen Exhibit: May 3 through Sept. 14, 2017 Reception: June 7 from 5:30 to 7pm Hear stories about the historical images and win a FREE potted cocoanut spout. FREE and open to the public at the City Library, 208 S. Seacrest Blvd. An exhibit of 30 black and white, sepia, and hand tinted photographic images circa 1922 by photographer A. Romyn Pierson, 111. The photographs rescued from an eBay scrapbook, were taken between 1912 and 1922. They illustrate the barrenness and beauty of coastal Palm Beach County as it was a century ago. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Attract the public to the City Library to see an art exhibit and learn about local history. Supports the Art in Public Places Program connecting the cultural environment on Boynton Beach with the global community. Provides distinctive branding identity, increases cultural tourism and encourages education through engaging art experiences. FISCAL IMPACT: Budgeted None ALTERNATIVES: Not hear the Cocoanut Dreams exhibit and reception announcement. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Page 17 of 555 Grant Amount: REVIEWERS: Department Public Arts I Reviewer Action Coles-Dobay, Debby Approved Howard, Tim Approved LaVerriere, Lori Approved D ate 5/22/2017 ® 12:42 PM w"K41kMF�,3= Page 18 of 555 3. F. REQUESTED ACTION BY COMMISSION: Announce the "Fishing for Fireworks?" event that will be held at Intracoastal Park, 2240 N. Federal Hwy., on SATURDAY, JULY 1 ST. Activities will begin at 6 pm, and the fireworks are scheduled to start at 9 pm. EXPLANATION OF REQUEST: To avoid keeping people out late on a week night, the City will host its annual July 4th celebration on Saturday, July 1. This will allow most of those attending the opportunity to enjoy all the exciting planned activities, without having to worry about getting up early the next morning to go to work. Kid's Corner activities will begin at 6pm. The Dee Dee Wilde Band will begin performing at 6:30 followed by the On The Roxx Band at 7:30 and again at 9:20pm following the fireworks. The Patriotic Salute will take place at 8:45pm. Shuttle service will be provided free of charge from the Hester Center (1901 N. Seacrest Blvd.) and City Hall (100 E. Boynton Beach Blvd.) from 5pm - 10:30pm.. The FINAL SHUTTLE TO THE PARK WILL LEAVE FROM HESTERAND CITY HALLAT8:30pm. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The City has been hosting this popular family event for many years. FISCAL IMPACT: Budgeted Expenses for the event are included in the General Fund. ALTERNATIVES: Do not make the announcement. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Page 19 of 555 Type Description D Attachment Fishing for Fireworks? Flyer REVIEWERS: Department Reviewer Action Date Recreation & Parks Majors, Wally Approved 5/31/2017 ® 4:35 PM Finance Howard, Tim Approved 5/31/2017 ® 4:43 PM City Manager LaVerriere, Lori Approved 6/1/2017 ® 4:45 PM Page 20 of 555 t)11' 4 i 4Cria ! 4 l k��:i � S�! Y U `• 5.A. ADMINISTRATIVE 6/6/2017 REQUESTED ACTION BY COMMISSION: Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings east: Arts Commission: 1 Alt Building Board of Adjustments & Appeals: 3 Regs and 2 Alts Library Bd: 2 Regs and 1 Alt Recreation & Parks Bd: 1 Alts Planning & Development Bd. - 1 Reg Senior Advisory Bd: 2 Alts EXPLANATION OF REQUEST: The attached list contains the names of those who have applied for vacancies on the various Advisory Boards. A list of vacancies is provided with the designated Commission members having responsibility for the appointment to fill each vacancy. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Appointments are necessary to keep our Advisory Board full and operating as effectively as possible. FISCAL IMPACT: Non -budgeted None ALTERNATIVES: Allow vacancies to remain unfilled. STRATEGIC PLAN: High Performing City Organization STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Page 22 of 555 Type D Other D Other D Other rb�*]= REVIEWERS: Department City Clerk Reviewer 932MM Description Appointments Warren Application Palermo Application Wallace Application Action Approved D ate 3/14/2017 ® 3:47 PM Page 23 of 555 APPOINTMENTS AND APPLICANTS FOR JUNE 6, 2017 Arts Commission III Romelus Alt 1 yr term to 12/17 Applicants None Building Board of Adjustments and Appeals Mayor Grant Reg 3 yr term to 12/17 1 Katz Alt 1 yr term to 12/17 II McCray Alt 1 yr term to 12/17 III Romelus Reg 3 yr term to 12/17 IV Casello Reg 3 yr term to 12/18 Applicants None Library Board I Katz Reg II McCray Reg III Romelus Alt Applicants Alice Warren Planning and Development Board I Katz Reg Applicants Steven Palermo - Current Alternate Steven Wallace Recreation & Parks Board II McCray Alt Applicants None 2 yr term to 12/17 Tabled (3) 2 yr term to 12/17 Tabled (3) 1 yr term to 12/17 2 yr term to 12/18 Tabled (2) 1 yr term to 12/17 Tabled (3) Page 24 of 555 Senior Advisory Board III Romelus Alt 1 yr term to 12/17 IV Casello Alt 1 yr term to 12/17 Applicants None Page 25 of 555 Ellis, Shayla From: topsy <noreply@123contactform.com> Sent: Sunday, May 21, 2017 3:53 AM To: City Clerk Subject: Advisory Board Appointment application Today's date 05/21/2017 , Name ALICE WARREN n Gender Femalern R£` Phone number 561-806-5125 Un Address 146 SAUSALITO DRIVE `~ BOYNTON BEACH FL 33436 United States Email topsycr aol.com Current occupation or, if RETIRED SCHOOL LIBRARIAN/MEDIA SPECIALIST DADE COUNTY retired, prior occupation Education M.ED UNIVERSISTY OF MIAMI Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a No business within City limits? If "yes", name of business: Are you currently serving No on a City board? Have you served on a City Yes board in the past? If "yes", which board(s) SUBSTITUTE ON LIBRARY BOARD MALTY YEARS AGO. LIVED IN and when? BOYNTON BEACH 1995-2009, MOVED TO SAN ANTONIO TEXAS 2009- 2016. RETURNED AND BACK HOME. Have you ever been No convicted of a crime? If "yes", when and where? Advisory Board Library Board Personal Qualifications 25 YEAR CAREER AS LIBRARIAN. RECEIVED MANY GRANTS AND HAD A PROGRAM "ADOPT A GRANDPARENT" ESTABLISHED IN THE COUNTY FROM A GRAND I RECEIVED. AFTER HURRICANE ANDREW I RECEIVED A GRANT TO ESTABLISH A WEATHER STATION AT THE I Page 26 of 555 SCHOOL AND WE REPORTED THE WEATHER ON THE TV STUDIO IN THE MEDIAL CENTER, THE PROGRAM WAS CHOSEN 'TO APPEAR AT A CONVENTION. SERVED AS PART TIME LIBRARIAN AT TEMBLE ISRAEL WEST PALM BEACH FOR 5 YEARS AND GOT THE HONOR OF JEWISH LIBRARY CERTIFICATION FROM THE NATIONAL JEWISH LIBRARY ASSOCIA ION. I WORKED WITH SETTING UP A CHILDREN'S LIBRARY SECTION AND HAD PROGRAMS ON SUNDAY FOR THE CHILDREN. Professional Memberships SO. FLORIDA JEWISH LIBRARY ASSOCIATION. FLORIDA RETIRED TEACHERS ASSOCIATION. Certification I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 99.105.43.20 (United States) at 2017-05-2102:52:41 on Safari 10.1 Entry ID: 217 Referrer: www.boynton-beach.org/officials/advisory boards.php Form Host: www. 123contactform.com/form-583214/Advisory-Board-Appointment-Application Page 27 of 555 CITY OF BOYNTON BEACH ADVISORY BOARD APPOINTMENT APPLICATION Thank you for your interest in serving on a City advisory board and for taking the time to fill out this form. Please print or type all answers clearly. If interest is expressed in appointment to more than one board, selections must be prioritized. pIf instructions are not followed or the application is not filled,out in its entirety, the form will be returned for clarification. Name Gender: Yq Telephone # Address , E-mail Address: 15 Current occupation or prior occupation: Education It v r Other Are you a registered voter? Yes No Do you reside within the Boynton Beach City limits? Yes No Do you own/manage a business within the City limits: Yes - No If "yes", name of business Are you currently serving on a City board? es No Have you served on a City board in the past? Yes No If so, which board(s) and when? Have you ever been convicted of a crime? If so, when Alb Where Please indicate which advisory board you are seeking appointment. For board listing, requirements, responsibilities and meeting times and dates, see pages 3 and 4 attached. Arts Commission Library Board a pry' Building Board of Adjustment & Appeals Planning & Development Board Community Redevelopment Advisory Board Police Officers' Retirement Trustf5un Education and Youth Advisory Board Recreation & Parks Board Employees' Pension Board Senior Advisory Board Firefighters' Pension Trust Fund= C Golf Course Advisory Committee Historic Resources Preservation Board S:\CC\WP\BOARDS\Applications\Master Form - Talent Bank Form - REVISED 11-9-16.doc lig Page 28 of 555 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. n Eli .= 1.� Please list any professional memberships: Feel free to attach an extra sheet or resume. Return the completed form to the City Clerk's Office, 100 East Boynton Beach Boulevard, City Hall. Mailing address: P. 0. Box 310, Boynton Beach, FL 33425-0310. It will be placed in the City's Talent Bank, a file to which Commissioners may turn for candidates when board openings occur. W I 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. Signature: = Date: S:\CC\WP\BOARDS\Applications\Master Form - Talent Bank Form - REVISED 11-9-16.doc Page 29 of 555 I From: wallacelawl <noreply@123contactform.com> Sent: Tuesday, May 30, 2017 4:35 PM To: City Clerk Subject: Advisory Board Appointment application Attachments: Wallace_Steven_Resume_(Current_Updated-11-2016).pdf Today's date 05/30/2017 Name Steven Wallace Gender Male Phone number 561-400-3896 Address 7949 Picklewood Park Drive Boynton Beach Florida 33437 United States Email wallacelawl kme.com Current occupation or, if Attorney" t ;,#. 41 , t , retired, prior occupation Education Law Degree, Syracuse University, BA, American Studies, Brandeis University Are you a Yes registered voter? i C.s Do you reside within the Boynton No Beach City limits? Do you , own/manage a yes'" business within City limits? If "es" name of y The Wallace Law Group, PL — . business: c -err, Are you currently serving on a City No board? Have you served on a City board in No the past? If "yes", which board(s) and when? Have you ever No 1 Page 30 of 555 been convicted of a crime? If "yes", when and where? Advisory Board Planning & Development Board Personal I am a Florida Bar Board Certified Real Estate Attorney who concentrates my practice in Qualifications real estate development and land use. I do not or have had any projects in the City of Boynton Beach so I do have a conflict. Professional Florida Bar Memberships Parks Committee Member, COWBRA Volunteer Soccer Coach, AYSO Volunteer Soccer Coach, I-9 Sports Boynton Beach Chamber of Commerce Leadership Palm Beach County Forum Club of Palm Beaches Economic Council Feel free to attach/upload an www. 123contactforrri.com/upload dld.php?filed=29348c6b241555d0048d756cd7ed3c46 extra sheet or resume. Certification I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 73.57.241.80 (United States) at 2017-05-30 15:34:47 on Safari 10.0.3 Entry ID: 219 Referrer:www.boynton-beach.org/officials/advisory boards.php Form Host: www.123contactform.com/form-583214/Advisory-Board-Appointment-Application Page 31 of 555 5.B. ADMINISTRATIVE 6/6/2017 REQUESTED ACTION BY COMMISSION: Authorize City Commissioners to travel and hotel stay for the Florida League of Cities Annual Conference at the World Center Marriott in Orlando, FL, August 17-19, 2017 and a workshop on August 16, 2017. EXPLANATION OF REQUEST: The annual Florida League of Cities conference will be held at the World Center Marriott in Orlando, Florida, August 17-19, 2017. (Conference Brochure attached) Registration is $525 per person. Hotel is $177 per night, will need to stay 4 nights, conference begins on Wednesday, August 16th with a no cost workshop and conference beginning at 7:30am on Thursday, August 17th, hotel cost for 4 nights is $708. Estimated costs per person $1,500 In accordance with Resolution R07-150, establishing the travel policy for the City Commission, the City Commission by a majority of its members shall approve travel for each member of the City Commission. (Resolution attached) HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Budgeted Registration/Hotel costs estimated at $1,500 per commissioner. 1 = $1,500 2 = $3,000 3 = $4,500 4 = $6,000 5 = $7,000 Funds were included in the approved FY16/17 budget for travel to the FLC conference under account 001- 1110-511-40-12 for 2 commissioners. ALTERNATIVES: Do not authorize any Commissioners to attend conference. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 32 of 555 Is this a grant? No Grant Amount: ATTACHMENTS: Type D Attachment D Attachment REVIEWERS: Department Finance Finance City Manager Description FLC Conference Announcement Commission Travel Policy Reviewer Action Date Howard, Tim Approved 5/31/2017 ® 1:01 PM Howard, Tim Approved 5/31/2017 ® 1:03 PM LaVerriere, Lori Approved 6/1/2017 ® 4:56 PM Page 33 of 555 World Grriott - Orlando, FL President's Invitation to the Florida League of Cities 91st Annual Conference Dear Friends: The Florida League of Cities 91st Annual Conference will be held August 17-19 at the Orlando World Center Marriott. My yearlong presidential initiative, Safe Cities, Safe Florida, has focused on developing training and resources to assist local leaders build safer communities. At the conference, a Safe Cities, Safe Florida Toolkit with be distributed that pulls together a variety of those resources to help officials better prepare for and deal with disasters, whether natural or manmade. Conference workshops will provide further ways to combat possible threats to your community, including a session on the opioid epidemic, and spotlight other issues affecting municipal operations and governance. During a keynote address, former Dallas Police Chief David Brown will recap the day he lost several officers to an active shooter, how the city recovered and lessons learned from this tragedy. The schedule includes other keynote presentations from National League of Cities President Matt Zone, councilman for the City of Cleveland, Ohio; and John "Mac' Stipanovich, a prominent Florida attorney who represents individuals and entities, including the Florida League of Cities, before state government agencies, the governor and Cabinet, and the Legislature. Mac will be discussing the current political climate and the challenges it presents to cities, as seen in the recent legislative session. Also, the League's legislative priorities for next year will be set at this conference. With the 2018 legislative session staring in January, the League's five legislative policy committees will be finalizing their legislative priority issues. At Saturday's business session, the League's membership will vote on the 2018 Legislative Action Agenda. Please join us as cities set the stage for the next legislative session. We are very excited about this year's conference and hope you'll plan to attend. Knowledge is power, and nothing is more powerful than the united voice of Florida's 412 municipalities working together to make our cities the best in the nation. I look forward to seeing you in Orlando! Sincerely, Susan Haynie, FLC President Mayor, City of Boca Raton General Information The 91st Annual Conference of the Florida League of Cities will be held August 17-19, 2017, at the World Center Marriott in Orlando. Strengthening each city's ability to prevent, neutralize and respond to threats has been the goal of President Susan Haynie's Safe Cities, Safe Florida initiative. Whether responding to a hurricane, tornado, active shooter, sinkhole or wildfire, municipalities are on the front line of protecting their residents during a crisis. The conference schedule will be filled with workshops and speakers to help you to address possible threats to your community. You'll hear from former Dallas Police Chief David O. Brown, who was at the helm when five of his officers were killed by a Ione gunman in 2016. You'll also receive an in-depth look at the state's opioid epidemic, a crisis that is impacting cities large and small. You'll have the opportunity to dive deep into these and other issues to help prepare you for possible threats. Additional workshops will provide you with the tools to help your city navigate the current economic and political landscape. World Center Marriott - Orlando Thursday, August 17 - Saturday, August 19 Thursday, August 17: 7:30 a.m. - 7:00 p.m. Friday, August 18: 7:00 a.m. - 5:00 p.m. Saturday, August 19: 7:30 a.m. - 4:00 p.m. City/County/Government ($525), Corporate ($625) and Guest ($125): These fees cover your name badge, admission to all conference sessions and the exhibit hall, refreshment breaks, Friday's membership networking event, Saturday's Past Presidents' Luncheon and the Inaugural Celebration Saturday night. NOTE: Registrants are defined as any elected government official, or any employee of governments, organizations or corporations. Guests are defined as spouses, partners or other non-professional relations of conference delegates. Guest registration may not be used for other elected government officials, staff or company representatives. Teen Guest 13-18 years ($20) and Child Guest 3-12 years ($15): These fees cover your name badge, admission to the exhibit hall, Friday's membership networking event and refreshment breaks. Teen and child guest registration does not include Saturday's Past Presidents' Luncheon or Inaugural Celebration. Exhibit Hall Pass ($20): This pass allows family members and guests who are not registered for the conference to visit our vendors on Thursday and Friday. Passes permit access to the exhibit hall on Thursday afternoon, Thursday evening and Friday morning. The pass allows access to all events in the exhibit hall, as well as Friday's membership networking event. The pass is not good for any other conference events and is not equivalent to a registration. Youth Council Program ($75): This fee covers all Youth Council Program activities on Saturday, plus lunch. See page 14 for details and registration information. Registration - Conference registration forms must be postmarked on or before Tuesday, August 1, 2017. If you are unable to meet this deadline, please register on site. NOTE: Registration fees will increase to $555 for government and $655 for corporate registrants for all registrations done on site, so we encourage you to register in advance. Hotel Reservations - The cut-off date for reservations at the Marriott is July 26, 2017. Reservations must be made via an FLC-provided security code only. No one will receive housing information until after their paid registration is received. Please see page 10 for more details. Conference registration cancellations must be done in writing via email to mhowe@ficities.com or via fax to (850) 222-3806. All cancellations received in the FLC office by 5:00 p.m., Tuesday, August 1, 2017, will receive refunds, minus a $50.00 cancellation fee. Refunds will be issued after the conference. No refunds can be made after August 1 or for early departure from the conference. Hotel deposits will be refunded only if the hotel is given notification no later than 72 hours prior to the scheduled arrival date. If you are physically challenged and require special services, or if you have special dietary needs (i.e. allergies, Kosher or vegetarian meals), please attach a written description to your registration form. Contact the hotel directly if you will need any special accommodations in your room. Some of the conference's educational sessions may be eligible for continuing education credit through the Florida Bar and/or the Florida Board of Accountancy. It is the attendee's responsibility to submit these hours for approval. FLC will provide sign -in sheets at each session and will send certificates of attendance to all delegates who complete the sign -in sheets. <, f The League will be offering live updates via Twitter and Facebook during the conference. Follow the League at www.twittercom/flcities or become a fan of the League on Facebook to participate. Use the hashtag #FLCities2017. We encourage all of you to show your city spirit by wearing your city shirt on Thursday, August 17. For additional information, please contact Melanie Howe at mhowe@flcities.com; (850) 222-9684; fax: (850) 222-3806; or write to Florida League of Cities, P.O. Box 1757, Tallahassee, FL 32302-1757. Tentative Program We are planning a variety of informative workshops to provide you with the tools to help your city navigate the current economic, technological and political landscape. The specific workshop schedule will be posted to our website as soon as it is available, so check for updates! Topics being considered include: Additional Homestead Exemption Constitutional Amendment Deployment of Wireless Communications Infrastructure for 5G Technology Media Training Public Records Reform Safe Cities, Safe Florida Workshops Update on the Constitution Revision Commission 8:30 a.m. - 1:00 p.m. RESEARCH SYMPOSIUM Medical Marijuana and Your City: Facts, Fiction and Moving Forward In 2016, Florida's voters approved a constitutional amendment legalizing the production, distribution and use of medical marijuana. The implementation of this amendment will require legislation, administrative rule and the development of complex processes for growers, doctors and patients - and dealing with myths and misinformation. As licensed dispensaries and nurseries provide products and services, questions remain about how and when these will impact our cities. Impacts may be felt in the areas of permitting, zoning, code enforcement, intergovernmental relations, law enforcement and emergency response, as well as other departments. The Center for Municipal Research & Innovation is proud to host this symposium supporting President Susan Haynie's Safe Cities, Safe Florida Initiative. Plan now to join with policy and industry experts, municipal representatives and the League's research partners for a timely, informative and action -oriented session designed to help cities determine next steps. While there is no fee to attend, pre -registration is required. Please check the box on the enclosed registration form. Note that anyone who signs up and does not attend the symposium will be assessed a no-show fee of $45, 2:00 p.m. - 5:00 p.m. Florida League of Mayors Roundtable Additional registration required through the Florida League of Mayors; contact Jill Walker atjwalker@flcities.com. 7:30 a.m. - 7:00 p.m. Registration Desk Open 8:00 a.m. - 9:00 a.m. Florida League of Mayors Nominating Committee Meeting 8:00 a.m. - 12:00 p.m. Continuing Education in Ethics: Are Your Hours Done? Florida's municipal elected officers are required to take four specific hours of continuing education in ethics per year. If you haven't completed your hours yet, this is your opportunity! The four hours include two hours on the Florida Ethics Law (Chapter 112, F.S.), one hour of public meetings (Chapter 286, F.S.) and one hour of public records (Chapter 119, F.S.). If your hours are completed, this is a good refresher class. NOTE: You must be registered for the full conference to attend this session and pre -registration is required. See enclosed registration form. 11:00 a.m. -12:00 p.m. Florida League of Mayors Business Meeting For more information, contact Jill Walker at (850) 222-9684. 11:00 a.m. - 3:00 p.m. Grants Expo Need Information on available grants and technical assistance? Don't miss this opportunity to talk with representatives from various federal, state and nonprofit organizations about their grant programs, ranging from housing and historic preservation to emergency management and economic development. 12:00 p.m. -1:00 p.m. Florida League of Mayors Board of Directors Meeting 12:30 p.m. - 7:30 p.m. Municipal Marketplace Open 1:00 p.m. - 3:00 p.m. "Cities 101" Workshop If you are newly elected or newly appointed, this "crash course" is designed for you. Details about Florida mu- nicipalities, services and governing challenges will be discussed. This is a prequel to the popular Institute for Elected Municipal Officials, but is not a substitute for the three-day IEMO class. 1:00 p.m. - 3:00 p.m. Legislative Policy Committee Meetings Finance, Taxation and Personnel Land Use and Economic Development Municipal Administration Transportation and Intergovernmental Relations Utilities, Natural Resources and Public Works 3:15 p.m. - 6:00 p.m. The Opioid Epidemic: Your City's Role Governor Rick Scott declared an opioid epidemic on May 3, 2017, but for most Floridians, this crisis has hit close to home for several years. What do you need to know about the causes, the key decision -makers and the impact on your municipality? This safety concern also ties into this year's Safe Cities, Safe Florida initiative. Join FLC President Susan Haynie for this workshop, which will feature state experts and municipal officials talking about the epidemic and what every city can do, and should do, to help all citizens. 5:00 p.m. - 6:00 p.m. Federal Action Strike Team Meeting 6:00 p.m. - 7:30 p.m. President's Welcome Reception in Municipal Marketplace 6:30 a.m. - 8:00 a.m. 5K Fun Run See page 9 for full details. 7:00 a.m. - 8:30 a.m. Florida Black Caucus of Local Elected Officials Breakfast To be eligible to attend, a membership application and paid dues must be submitted to FBC-LEO. Membership applications and additional information are available at fbc-leo.org. 7:00 a.m. - 9:00 a.m. Continental Breakfast in Municipal Marketplace 7:00 a.m. -1:15 p.m. Municipal Marketplace Open 7:00 a.m. - 5:00 p.m. Registration Desk Open 8:00 a.m. - 9:00 a.m. First -Time Attendees' Orientation If this is your first FLC Conference - Welcome! This work- shop will acquaint you with the League, the conference program (with tips for the best use of your time), how to get involved in your local or regional league, FLC legisla- tive policy committees and other municipal services. 8:00 a.m. - 9:00 a.m. Workshops 9:15 a.m. -10:30 a.m. Resolutions and Legislative Committee Meetings 9:15 a.m. -10:30 a.m. Workshops 10:45 a.m. -12:15 p.m. OPENING GENERAL SESSION Featuring the presentation of the E. Harris Drew Award and a keynote presentation by former Chief David O. Brown. 12:15 p.m. -1:15 p.m. Sidewalk Cafe in Municipal Marketplace (Cash Sales) 1:30 p.m. - 2:30 p.m. Workshops 2:45 p.m. - 4:00 p.m. Workshops 4:15 p.m. - 5:30 p.m. Workshops 6:00 p.m. - 7:00 p.m. Membership Networking Event Evening Open DAVID A Dallas native, former Chief David O. Brown quit school during his senior year in college to become a Dallas police officer, with the goal of fighting the crack cocaine epidemic in his old neighborhood. Over his 33 years with the Dallas Police Department, Brown served as a patrolman, crime scene detective, SWAT team member and leader, internal affairs detective and assistant chief. His career was marked by its share of tragedy, including the death of his brother due to drug-related violence, the murder of his partner and the death of his mentally ill adult son in a shootout with police that also left a police officer dead. But there was also triumph - including completing his bachelor's and master's degrees while being promoted to the highest ranks in the department, and working to reduce crime more than any other chief in the history of the department. Under his tenure, officer -involved shootings were reduced more than 40 percent and excessive -force complaints were reduced by 70 percent, their lowest points on record. Brown's efforts in community policing are nationally renowned. He is the longest -serving and most beloved Dallas police chief in modern times. His leadership during and after the tragic events of July 7, 2016, calmed the City of Dallas and the nation. Brown's decision to use a robot to detonate C4 explosives to neutralize a suspect was a first in the history of American policing. And the chief's call to protestors to become part of the solution by applying to join the police department, earned him accolades from across the nation and around the world. 7:30 a.m. - 8:30 a.m. Various Local/Regional League Breakfast Meetings Contact your local league for more information. 7:30 a.m. - 4:00 p.m. Registration Desk Open 8:30 a.m. - 9:00 a.m. Voting Delegate Registration Open 8:30 a.m. - 4:30 p.m. Youth Council Program See page 14 for details and registration information. 9:00 a.m. -10:15 a.m. Annual Business Meeting 10:30 a.m. - 12:15 p.m. SECOND GENERAL SESSION Featuring recognition of the Years of Service awards, a special presentation by NLC President Matt Zone and a keynote address by Mac Stipanovich. 12:30 p.m. - 2:15 p.m. Past Presidents' Luncheon and Installation of New President 2:30 p.m. - 5:00 p.m. Workshops 6:00 p.m. -10:00 p.m. Childcare Provided Pre -registration required. See enclosed form to register. 6:30 p.m. - 9:30 p.m. Inaugural Celebration - City Nights We're throwing a party and everyone is invited, so bring your dancing shoes! This year's inaugural celebration will feature the sounds of Tallahassee Nights Live, a group that appeals to all styles and ages with their eclectic mix of jazz, R&B, soul, pop, rock, Latin and country. Enjoy a buffet dinner, some strolling entertainment and plan to dance the night away. Schedule and speakers subject to change. TT ZONE Cleveland City Councilman Matt Zone is recognized nationally, regionally and locally as a leader on environmental, arts and cultural issues. Currently, Zone serves as president of the National League of Cities. Regionally, Zone is a past president of the Northeast Ohio City Council Association and also serves on the steering committee of the Regional Prosperity Initiative, which is working to create a "Smart Growth" plan for Northeast Ohio. Locally, he continues to be a tireless advocate for alternative energy and green building, by evidence of the fact that his ward is home to the only EcoVillage in Ohio and one of the first in the country. The EcoVillage is complete with an LEED built school, theatre and certi- fied regional transit station, highly energy-efficient homes that heat and cool for less than $500 annually, and has a model stormwater demonstration project on a 25 -acre city recreational facility. Zone has been the driving force behind the development of the Gordon Square Arts District, which is composed of new housing and businesses, retail development, and the construction and renovation of three theaters. He also authored the City of Cleveland's "Percent for Arts" legislation, which requires all applicable capital improve- ment projects over $300,000 to set aside 1.5 percent of the total budget to include artists in their design. As chairman of Council's Safety Committee, Zone, who is in con- stant contact with the city's safety forces, is in the vanguard of the battle against neighborhood crime. He is also very involved in the City of Cleveland's consent decree with the U.S. Department of Justice and the federal monitor overseeing the Cleveland Police Department. Additional Activities The Marriott provides a professional concierge desk to answer all questions regarding what to do, where to dine and how to get there, as well as brochures on area attractions, shopping and restaurants. The Marriott also offers a wide range of children's activities that changes daily. For complete information, please contact the Marriott at (407) 239-4200 or visit their Web site at www.marriottworldcentercom. We will be holding our third Florida League of Cities 5K Fun Run on Friday, August 18 at 6:30 a.m. The run will take place on the grounds of the Marriott World Center's golf course and is open to everyone participating in the conference. This will be a "fun run" and will not be a timed event. There is no charge for the event, but pre -registration is required (see main registration form). All participants will receive a t -shirt and gym towel. Light refreshments will be provided after the race. So come on out and start your morning off right with a fun run and great company. Childcare services will be available on Saturday, August 19, from 6:00 p.m. until 10:00 p.m. during the Inaugural Event. This service, provided by the League through Sitter Solutions, will be offered at no charge, but pre -registration is required. The League will provide pizza, popcorn and drinks. Sitter Solutions will provide quality childcare with loads of activities and games. Toys will be provided for children 1-3 years old, as well as videos for quiet time. Pillows and blankets will also be available. This service is licensed, bonded, insured and CPR trained, and there is no cost to you. 6:00 p.m. - 6:30 p.m. Registration 6:30 p.m. - 7:30 p.m. Dinner 7:30 p.m. - 10:00 p.m. Activities 10:00 P.M. Closes Please be sure to pick up your child by 10:00 p.m. In order for us to provide this service, you must fill out the Childcare Registration Form on page 15, so we can determine how many sitters will be needed. Please return childcare forms to Melanie Howe, mhowe@flcities.com, fax (850) 222-3806 or mail to P.O. Box 1757, Tallahassee, FL 32302-1757. Conference Housing Information The World Center Marriott will serve as the conference hotel. It is located at 8701 World Center Drive in Orlando. The resort phone is (407) 239-4200. (NOTE: Reservations may be made via an FIC -provided security code only. Please do not call the resort to make reservations until you receive this code, which will be provided with your paid registration.) FLC has secured the reduced rate of $5.00 per day for self -parking, and $14.00 per day for valet parking. Located on 200 lush acres only minutes away from Orlando's main attractions, the Marriott features championship golf, award-winning cuisine and an exquisite spa. There are multiple restaurants and lounges, a lagoon pool and lots of activities for the family. Visit the hotel's website at www.marriottworidcentercom for more details. NOTE: The Marriott is a smoke-free property. From Interstate 4: Exit 67 - hotel will be on the left. From the Airport: Take south exit out of the airport to 417. Take 417 south to Exit 6, go straight at the light, cross 535 and the hotel will be on the right. Conference Registration Information To register in advance, fill out the enclosed registration form, attach a check for the appropriate fee, and mail it to the League office by Tuesday, August 1, 2017. Your name badge and other information can be picked up at the conference registration desk. Visit the League website, floridaleagueofcities.com, to access online registration. If you register online there are two payment options. You can send your registration fees by check to the Florida League of Cities. (Note: You are not registered until we receive your payment and you will not receive your housing information until your registration is paid.) Or, you can simply pay online with your Visa or MasterCard. Registrations submitted and paid online via credit card will automatically be marked as paid and you will receive your conference confirmation immediately via email! Conference confirmations include your registration information, totals and registration number for your reference. Please check your confirmation carefully to verify that all information is correct. Please inform the League immediately of any errors. Please note that payments via credit card may only be made online. The registration fees for the 2017 annual conference are: City/County/Government $525.00* Guests $125.00 Guests (13-18 years) $20.00 Exhibit Hall Pass $20.00 Extra Inaugural Celebration Ticket $50.00 Youth Council Program $75.00 *Registration fees will increase to $555 for government and $655 for corporate registrants for all registrations done on-site. City/County/Government ($525), Corporate ($625) and Guest ($125): These fees cover your name badge, admission to all conference sessions and the exhibit hall, refreshment breaks, Friday's membership networking event, Saturday's Past Presidents' Luncheon and the Inaugural Celebration Saturday night. NOTE: Registrants are defined as any elected government official, or any employee of governments, organizations or corporations. Guests are defined as spouses, partners or other non-professional relations of conference delegates. Guest registration may not be used for other elected government officials, staff or company representatives. Conference Registration Information (Continued) Teen Guest 13-18 years ($20) and Child Guest 3-12 years ($15): These fees cover your name badge, admission to the exhibit hall, Friday's membership networking event and refreshment breaks. Teen and child guest registration does not include Saturday's Past Presidents' Luncheon or Inaugural Celebration. Exhibit Hall Pass ($20): This pass allows family members and guests who are not registered for the conference to visit our vendors on Thursday and Friday. Passes permit access to the exhibit hall on Thursday afternoon, Thursday evening and Friday morning. The pass allows access to all events in the exhibit hall, as well as Friday's membership networking event. The pass is not good for any other conference events, and is not equivalent to a registration. Youth Council Program ($75): This fee covers all Youth Council Program activities on Saturday, plus lunch. See page 14 for details and registration information. Advance registration forms must be received on or before Tuesday, August 1, 2017. If you are unable to meet this deadline, please register on-site at the conference registration desk. Conference registration cancellations must be done in writing via email or fax to mhowe@ficities.com or (850) 222-3806. All cancellations received in the FLC office by 5:00 p.m., Monday, August 1, 2017 will receive refunds, minus a $50.00 cancellation fee. Refunds will be issued after the conference. No refunds can be made after August 1 or for early departure from the conference. Top Reasons to Attend the Florida League of Cities 91st Annual Conference in Orlando: Learn from experts and share advice on how to strengthen your city's ability to prevent, neutralize and respond to threats. �.oil.��. ,. Discover innovative ways to expand services and save tax dollars. Participate in adopting the League's legislative priority issues for the 2018 legislative session. The Florida League of Cities Annual Conference! 2017 FLC Annual Conference Registration Form August 17-19, 2017 ( World Center Marriott ( Orlando Florida League of Cities I P.O. Box 17571 Tallahassee, FL 32302 1 (850) 222-9684 1 Fax (850) 222-3806 1 mhowe@f/cities.com Return completed form with check payment to Florida League of Cities, P.O. Box 1757, Tallahassee, FL 32302-1757; or visit the League website, floadaleagueofcities.com, to access online registration. NOTE: Credit card payments may only be made online. DELEGATE INFORMATION Name: First First Name or Nickname: Title: Mailing Address:_ _ City:_ Phone Number: M.l. As You Wish to Appear on Badge Affiliation: Last City, County, Government or Company Note: if you will be paying with a credit card below, please use the billing address for that card. State: _ _ Zip:_ Email Address (for confirmations): Fax Number: Please provide the address of the person who should receive the confirmation. First -Time Attendee? ❑ Yes ❑ No Contact Person: GUEST INFORMATION (Please complete only if registering a guest for the conference.) Guest's Name:_ _ First Name:_ _ As You Wish to Appear on Badge Child's Name: _ _ Age:_ First Name:_ As You Wish to Appear on Badge Child's Name: REGISTRATION FEES City/County/Govern mer Corporate Guest Guest (13-18 years) Guest (3-12 years) Exhibit Hall Pass NO. FEE TOTAL FEE @ $625.00* $ @ $20.00 $ $20.00 $ OPTIONAL ACTIVITIES NO. FEE TOTAL FEE Thursday, August 17 Ethics Session Saturday, August 19 Extra Luncheon Ticket Extra Inaugural Celebration Ticket $0.00 $ @ $40.00 $ @ $50.00 $ Total $_ Age:_ First Name:_ As You Wish to Appear on Badge SPECIAL NEEDS If you require special services, or have special dietary needs, please attach a written description to your registration form. REGISTRATION Registration form must be accompanied by payment made payable to Florida League of Cities. Mail this form to: Florida League of Cities, P.O. Box 1757, Tallahassee, FL 32302-1757. Registration forms must be postmarked by August 1, 2017. Remember: You will not receive housing information until we have received your PAID registration. CANCELLATION POLICY All cancellations received in writing via email or fax to mhowe@ficifies.com or (850) 222-3806 and received by 5:00 p.m., August 1, 2017, will receive refunds, minus a $50.00 cancellation fee. Refunds will be issued after the conference. No refunds can be made after August 1 or for early departure from the conference. 2017 Florida League of Cities Youth Council Program Saturday, August 19, 2017 1 8:30 a.m. - 4:30 p.m. We are pleased to invite youth councils from throughout the state to participate in the annual conference. Attendees will learn about issues facing municipalities across the country and have the opportunity to network with members of other Florida youth councils. The registration fee for this program is $75 per person and includes the keynote presentation during Saturday's general session, lunch and youth -targeted presentations. For more information, please contact Sharon Berrian at (850) 222-9684. Please complete one form per youth council. The form may be duplicated if you are registering more than six people. Youth Council Name Contact Person: Address: City: State: _ Phone: FAX: Email: Contact Cell Phone: Name:_ _ ❑ Student ❑ Chaperone Name:_ _ ❑ Student ❑ Chaperone Name:_ _ ❑ Student ❑ Chaperone Name:_ _ ❑ Student ❑ Chaperone Name:_ _ ❑ Student ❑ Chaperone Name:_ _ ❑ Student ❑ Chaperone M Registration Fee: $75.00 per person if received by Tuesday, August 1, 2017. The final deadline for registration is Tuesday, August 1, 2017. Total Amount Enclosed: $ Return completed form with check payment to Florida League of Cities, P.O. Box 1757, Tallahassee, FL 32302-1757. NOTE: If you wish to pay with a Visa or MasterCard, please complete this form and email it to mhowe@ficities.com and you will be contacted directly for your card information. Youth council registration cancellation must be done in writing via email or fax to mhowe@f/cities.com or (850) 222-3806. All cancellations received in the FLC office by 5:00 p.m., Tuesday, August 1, 2017, will receive refunds. Refunds will be issued after the conference. Saturday Night Childcare Form Saturday, August 19, 2017 ( World Center Marriott ( Orlando Parent Name: Address: City: Sitter Solutions, Inc. Pre -Registration Form Phone ( )_ Cell Phone: State: Zip/Postal Code: Please list each child -s name, age and any allergies orspecial needs as indicated below. Child Name I Aae I Allergies/ Special Needs Who is authorized to pick up your child? Name: Relationship: Name: Relationship: 1. The undersigned parent/guardian, for himself or herself, and his or her heirs, successors and/or assigned, herby releases, acquits and fully discharges, Sitter Solutions and their respective shareholders, officers, directors, agents, employees, representatives, predecessors, successors and assigns from any and all claims, suits, sums of money, judgments, executions, damages, losses, expenses of any kind including without limitation, court demands, causes of actions and rights whatsoever, known or unknown contingent or otherwise, that parent, guardian or child might have, in whole or in connection with directly or indirectly, in the provision of child care services and or any use by parent/guardian or their children at such facility. 2. Parent/guardian may not bring toys, jewelry, valuables or medications into child care facility. Sitter Solutions, Inc. will not be responsible for such items and will not administer medication of any kind. 3. Parent/guardian warrants that the child has no allergies or disabilities, which have not been noted above. 4. This agreement shall be interpreted and construed under and in accordance with the laws of the State of Florida. 5. I hereby grant permission for Sitter Solutions, Inc. to take whatever steps necessary to obtain emergency medical care if warranted, If the parent cannot be reached emergency personnel will be called. 6. I hereby give permission for photographs/video to be taken of my child (ren) while attending a Sitter Solutions, Inc. children's convention. These photographs/video may be used for Sitter Solutions, Inc. This will serve as my authorization to Sitter Solutions, Inc. Signature Relationship For more information, call Sitter Solutions, Inc. at 813-900-0927 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 RESOLUTION NO. R 07 - 150 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ESTABLISHING A TRAVEL POLICY; RESCINDING ALL PREVIOUS RESOLUTIONS AND POLICIES GOVERNING TRAVEL BY THE CITY COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach desires to establish a travel policy to provide for an administrative process by which each member of the Commission would obtain concurrence of a majority of the members of the City Commission for approval of travel expenditures; and WHEREAS, passage of this Resolution will rescind all previous Resolutions and policies governing travel by the City Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission Section 2. That the City Commission of the City of Boynton Beach does hereby establish a Travel Policy, a copy of which is attached hereto as Exhibit "A". Section 3. That any and all previous Resolutions and/or Policies governing travel are rescinded. Section 4. That this Resolution will become effective immediately upon passage. SACA\RESO\Commission Travel Policy.doc 12/3/07 Page 49 of 555 RI 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 PASSED AND ADOPTED this 18 day of December, 2007. ATTEST: M. Prainito, CMC Clerk SACA\RESO\Commission Travel Policy.doc 12/3/07 CITY OF BOYNTON BEACH, FLORIDA or — Je aylo '22— t// — Vice M r — J odii ez Commissioner — Ronald Wei an Commissioner — Woodrow—E.- Commissioner oo .Commissioner — Marlene Ross Page 50 of 555 City of Boynton Beach City Commission TRAVEL POLICY Approved travel must adhere to the following guidelines in order to be paid by the City of Boynton Beach: A. Prior to Travel: 1. Complete Conference & Travel Request form and submit for approval. 2. All travel by City Commission Members must be approved in advance by the City Commission. B. Registration: 1. Complete conference registration forms. 2. Submit conference form for payment in advance if necessary. 3. Attach a copy of the registration form with the request for payment to Finance department. 4. Request per diem fee in advance (subtract all conference meals covered by registration fee). C. Upon completion of Travel: 1. Complete the Travel Expense Report for out-of-pocket expenses. 2. Attach all credit card receipts and other receipts to the expense report for payment or reimbursement. 3. Failure to include credit card receipts will be charged to the member personally. D. Travel Approvals: • City Commission Members travel shall be approved in advance by the City Commission at a regularly scheduled meeting. • The City Finance Director must sign off on travel form to confirm funds availability in the budget. • The City Manager must sign off prior to City Commission Agenda submittal. • Travel expenses are only reimbursable with receipts and are not automatic. • No PERSONAL items may be charged to the Agency. E. Travel Restrictions: • Per Diem payments shall be paid ONLY for class "A" travel, or travel outside the local area. Local area is defined as 50 miles or more from the Boynton Beach City Hall. • Mileage reimbursement rate is $.485 per mile per IRS and City. • If a spouse is to attend all related expenses shall be paid by the employee, and all receipts MUST be separate. The City WILL NOT pay for any spouse or child costs associated with any conference. All such costs will be paid by the member separately. • Any expenses incurred over the maximum amount approved for breakfast, lunch or dinner will be considered cost of the Commission Member and not the City. Meal rates are $12.00 breakfast, $15.00 lunch and $30.00 dinner. Page 51 of 555 City of Boynton Beach City Commission Gt�IVFE�t���E=�&° �'�tA1����F�ECt' ��►T Date of Request: City Commission Member Attending: Conference Name: Conference Location: Conference Purpose: Account to Charge: W: Dates of Travel & Attendance: to 2008 Cost of Conference: $ Cost of Travel: $ Cost of Lodging: $ Cost of Car Rental: $ Cost of Per Diem: $ ---------------- ---------------- TOTAL Approved by Finance Director: Date Approved by City Manager: "Cl LV NOTE: City Commission travel requests must be approved in advance at a regularly scheduled meeting of the City Commission. Any expenses incurred over the maximum amount approved for breakfast, lunch or dinner will be considered cost of the Commission Member and not the City. Meal rates are $12.00 breakfast, $15.00 lunch and $30.00 dinner. Please submit a conference agenda with this request. Please subtract all meals provided for by conference attendance fee. Page 52 of 555 5.C. ADMINISTRATIVE 6/6/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/6/2017 REQUESTED ACTION BY COMMISSION: Appoint Voting Delegate for the Florida League of Cities Annual Conference, August 17-19, 2017. EXPLANATION OF REQUEST: The annual Florida League of Cities conference will be held at the World Center Marriott in Orlando, Florida, August 17-19, 2017. Each year the City Commission appoints a delegate to vote on behalf of the City of Boynton Beach at the annual meeting. See attached request. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Budgeted N/A ALTERNATIVES: Do not appoint a voting delegate STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Other REVIEWERS: Department Finance Finance City Manager Reviewer Howard, Tim Howard, Tim LaVerriere, Lori Description LC Voting Delegate M D ate 5/31/2017 - 12:40 PM 5/31/2017 - 12:40 PM 6/1/2017 - 4:56 PM Page 53 of 555 Page 54 of 555 4)�GUE op i ui- t # Suite 300 - P.O. Box 1757 - Tallahassee, FL 32302-1757 - (850) 222=9684 - Fax (85G)222-3806 - wr w.floridaleayU OFCiLIPs.ecrn ♦ 4h TO: Municipal Key Official FROM: Michael Sittig, Executive Direct 4 DATE: May 22, 2017 SUBJECT: 91st Annual FLC Conference VOTING DELEGATE INFORMATION August 17-19, 2017 — World Center Marriott, Orlando As you know, the Florida League of Cities' Annual Conference will be held at the World Center Marriott, Orlando, Florida on August 17-19. This conference will provide valuable educational opportunities to help Florida's municipal officials serve their citizenry more effectively. It is important that each municipality designate one official to be the voting delegate. Election of League leadership and adoption of resolutions are undertaken during the business meeting. One official from each. municipality will make decisions that deten-nine the direction of the League. In accordance with the League's by-laws, each municipality's vote is determined by population, and the League will use the Estimates of Population from the University of Florida for 2016. Conference registration materials wiII be sent to each municipality in the month of June. Materials will also be posted on-line. Call us if you need additional copies. If you have any questions on voting delegates, please call Gail Dennard at the League (850) 701-3619 or (800) 616-1513, extension 3619. Voting delegate forms must be received by the League no later than August 14, 2017. Attachments: Form Designating Voting Delegate President Susan Haynks, M yor, Boca Raton First Vice President Gil Ziffer, Commissioner„ Tallahassee - Second Vice; President Leo E. Longwortk Commissioner, Bartow Executive Director Michael Siffig % General Counsel Harry Morrison, Jr. Page 55 of 555 91st Annual Conference FloridaLeague of Cities, Inc. August 17-19, 2017 Orlando, Florida It is important that each member municipality sending delegates to the Annual Conference of the Florida League of Cities, designate one of their officials to cast their votes at the Annual Business Session. League By -Laws requires that each municipality select one person to serve as the municipalities voting delegate. Municipalities do not need to adopt a resolution to designate a voting delegate. Please fill out this form and return it to the League office so that your voting delegate may be properly identified. Name of Voting Delegate: Title: Municipality of Em Title Return this form to: Gail Dennard Florida League of Cities, Inc. Post Office Box 1757 Tallahassee, FL 32302-1757 Fax to Gail Dennard at (850) 222-3806 or email gdennard@,flcitles.com Page 56 of 555 May 2017 Notice to Local and Regional League Presidents and Municipal Associations regarding the Resolutions Committee June 2017 Appointment of Resolutions Committee Members Jul12th Deadline for Submitting Resolutions to the League office August 17th Policy Committee Meetings Voting Delegates Registration August 18th Resolutions Committee Meeting August 19th Immediately Following Breakfast — Pick Up Voting Delegate Credentials Followed by Annual Business Session Page 57 of 555 5.D. ADMINISTRATIVE 6/6/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/6/2017 REQUESTED ACTION BY COMMISSION: Authorize the Mayor's travel to Rauma, Finland on June 21, 2017 to lead a delegation to meet the Mayor of Rauma. EXPLANATION OF REQUEST: The City signed Resolution R17-013 agreeing to enter into a Sister City agreement with Rauma, Finland. Finland is celebrating their 100th year of independence this year. There is no cost to the City for the Mayor's travel but he will be representing the City as its Mayor in Rauma, Finland and as such the Commission should authorize his travel. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: No cost to the City. ALTERNATIVES: Do not approve travel STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Attachment D Attachment D Attachment Description Minutes Comm Mtg 2-7-17 Rauma Finland Reso Commissioner Travel Policy Page 58 of 555 REVIEWERS: Department Reviewer Action Finance Howard, Tim Approved Finance Howard, Tim Approved City Manager LaVerriere, Lori Approved D ate 04�� A 1 HKON113MAM Page 59 of 555 Meeting Minutes CityCommission Boynton Beach, Florida February 7, 2017 a NAMI. They are the oldest grass roots mental health organization in the country and they support family members of those with a loved one with mental illness, the afflicted individual and the community. They provide education, advocacy and support and she was present to request funds to provide a 12 session, 36 hour, educational program to assist family members to learn how to live well with the mental illness. It is an evidence based program, They have 15 people in Boynton Beach on the wait list, and they wanted to bring the program to the City. The program is for those 18 years old and older. The feedback they have received from prior classes is it is life changing. Participants learn how to live well with the providers and how to cope and care for themselves. IN 111RI'lill i � !1111i:11:1111iii "'!"11111111111!11111 liq =7 E. Proclaim the month of March 2017 as The City of Boynton Beach Firefighter Appreciation Month. Jeaneece Washington, Fundraising Coordinator for The Muscular Dystrophy Association will accept the proclamation. (Heard out of Order) Mayor Grant read the proclamation. Jeaneeoe Washington thanked the City Commission and Fire Chief Joseph for the opportunity to speak on behalf of the Muscular Dystrophy Association (MDA). Firefighters have been collecting funds for MDA for over 60 years to hopefully one day find a cure. She announced two drugs were released at the end of 2016: one for Duchenne and another for spinal muscular atrophy. She thanked all. Chief Joseph explained they will begin collections this Friday and their goal is again $30K this year. 77111-117 1 117"I'A I I IN RIM Jeanne Heavillin, President, Greater Boynton Beach Sister Cities, explained this relationship started in June when they went to Finland and the City Commission approved establishing a formal Sister City relationship with Rauma, Finland. At the end of December, they forgot to ask for authorization for the Mayor to sign the official agreement. If approved, it will be sent to Rauma. They were starting to make good connections with the Finnish community in Palm Beach County, Mayor Grant will speak at a Finnish American Chamber of Commerce lunch next Friday at Benevenuto. She commented Finland is celebrating their 1 001h year of independence and Mayor ii Page 60 of 555 Meeting Minutes City Commission Boynton Beach, Florida February 7, 2017 e% Grant will lead a delegation to meet the Mayor in Finland in June. She requested the Commission authorize the Mayor to sign the agreement. �11111111111 11 111111 Peter Makila, Honorary Counsel to Finland, was present and explained he has been working on this for the last five or six years, visiting several cities. This is the centennial year Finland was free from Russia. They have celebrations here and the speaker of the Finnish Parliament will be visiting on the 1 Oh to the 1 9th. Mayor Grant will weicome them at Benevenuto on Friday and all were welcome to attend the Centennial Gala to be held on the W9 -01PJV;141rU4 9 IN We 12-M - 011PUMMADIMMI =Mioi IN 11 !!!1 1! 111�� 111111!•1 1111!1111 !! 11111 1111 ■ a Dodie Dinizo, 655 Riviera Drive, advised for the past two years, she has lived next door to a sober home. The occupants moved out at the end of December due to the moratorium, unfortunately in the beginning of January another group moved in. It is not a sober home, but a group of commercial people. She wanted to know how the occupants were allowed to rent the premises when there is a moratorium. She was told by the owner of a house, the occupants were doing a job in West Palm Beach and there are eight or more people in the home. She had no idea what kind of work they were doing and thought it was construction. Mayor Grant commented he will talk to the tax collector to ensure it is a vacation rental; otherwise Community Standards will review P Page 61 of 555 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 RESOLUTION R17- 013 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR TO SIGN A SISTER CITY AGREEMENT WITH RAUMA, FINLAND; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, at the December 19, 2016 City Commission meeting, the City Commission heard and approved of a presentation to initiate a new Sister Cities Agreement with Rauma, Finland; and WHEREAS, this relationship with Rauma, Finland will allow both cities, as well as the City of Boynton Beach's Sister Cities of Qufu and Les Cayes to form connections between them that are beneficial and address issues that are most relevant to the Cities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby authorize the Mayor to sign a Sister City Agreement with Rauma, Finland, a copy of which is attached hereto as Exhibit "A". Section 3. This Resolution will become effective immediately upon passage. C:\Users\Stanzionet\Appdata\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\52FYTEOE\Sister_ City_Agreement_W ith_Rauma_Finland_-_Reso.Doc Page 62 of 555 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 1 PASSED AND ADOPTED this 7°'1i`' day of � � u �d�(, 2017. ATTEST: da"Iff/11 2ith A. Pyle, CMt y Clerk d (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello VOTE C:\Users\Stanzionet\Appdata\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\52FYTEOE\Sister City_Agreement_With_Rauma_Finland= _Reso.Doc YES NO f v� Page 63 of 555 Vuonna 1956 Yhdysvaltain presidentti kaynnisti Sister Cities Internationalin® hal- linnoiman sisarkaupunkiohjelman rohkaistakseen ystavyytta ja yhteisymmarrysta Yhdysvaltojen ja muiden valtioiden valilla henkilokohtaisten kontaktien kautta. Edistaakseen naita paamaaria seka ystavyyden ja hyvantahtoisuuden eleena Boynton Beach Floridassa Yhdysvalloissa ja Rauman kaupunki Suomessa sopivat kumpaakin yhteisoa hyodyttavasta yhteistybsta tutustumalla koulutuksellisiin, taloudellisiin ja kulttuurisiin mandollisuuksiin. Me sovimme tukevamme ja kannustavamme mandollisuuksia jakaa tietoa, kay- tanteita ja kokemuksia koulutuksen, talouden kehityksen, taiteen ja kulttuurin, turismin, ekologian ja muiden sovittavien osa-alueiden aloilla. Boynton Beachin kaupunki Floridassa ja Rauman kaupunki Suomessa pyrkivat ot- tamaan mukaan koko yhteison pysyvien ystavyyssuhteiden edistamiseksi roh- kaisemalla matkailua kaupunkiemme valilla seka laajentamalla mandollisuuksia avustaa toisiamme sisarkaupunkitolminnassa. Taten Boynton Beach, Florida, ja Rauma, Suomi, julistautuvat sisarkaupungeiksi seka ilmoittavat aikeensa noudattaa naita ohjeistuksia Sister Cities Internationa- lin' kayt5nt6jen mukaisesti. Tama asiakirja astuu voimaan allekirjoituspaivana ja asiakirja on laadittu seka englannikstletts suome si. Te tit ovat yhta patevia. Steven B. Grant, pormestari Kari Koski,�kaupunginjohtaja Boynton Beach, Florida Rauma, Suomi Helmikuu 7, 2017 Sari Salo, hallintojohtaja Rauma, Suomi Helmikuu 7, 2017 Page 64 of 555 Sister Cit Whereas, the Sister City Program, administered by Sister Cities International®, was initiated by the President of the United States of America in 1956 to encourage greater friendship and understanding between the United States and other nations through direct personal contact; and Whereas, in order to foster those goals, the people of Boynton Beach, Florida, United States of America and Rauma, Finland, in a gesture of friendship and goodwill, agree to collaborate for the mutual benefit of their communities by exploring educational, economic and cultural opportunities. Whereas, we agree to support and encourage opportunities for mutually beneficial practical exchanges in the fields of education, economic development, arts and culture, tourism, ecology and other areas as may be determined. Whereas, the cities of Boynton Beach, Florida and Rauma, Finland seek to include every segment of our communities in fostering lasting friendships by encouraging travel between our cities and expanding opportunities to assist each other in our Sister City activities. Now Therefore, Boynton Beach, Florida and Rauma, Finland do hereby proclaim themselves Sister Cities, and declare their intent to abide by these guidelines indefinitely according to Sister Cities International® policies. This document goes into effect on the date of signature and is written in both English and Finnish. Both texts have equal power. February 7, 2017 Kari Koski, Mayor Rauma, Finland ew, Sari Salo, Director of Administration Rauma, Finland February 7, 2017 4 Page 65 of 555 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 RESOLUTION NO. R 07 - 150 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ESTABLISHING A TRAVEL POLICY; RESCINDING ALL PREVIOUS RESOLUTIONS AND POLICIES GOVERNING TRAVEL BY THE CITY COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach desires to establish a travel policy to provide for an administrative process by which each member of the Commission would obtain concurrence of a majority of the members of the City Commission for approval of travel expenditures; and WHEREAS, passage of this Resolution will rescind all previous Resolutions and policies governing travel by the City Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission Section 2. That the City Commission of the City of Boynton Beach does hereby establish a Travel Policy, a copy of which is attached hereto as Exhibit "A". Section 3. That any and all previous Resolutions and/or Policies governing travel are rescinded. Section 4. That this Resolution will become effective immediately upon passage. SACA\RESO\Commission Travel Policy.doc 12/3/07 Page 66 of 555 RI 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 PASSED AND ADOPTED this 18 day of December, 2007. ATTEST: M. Prainito, CMC Clerk SACA\RESO\Commission Travel Policy.doc 12/3/07 CITY OF BOYNTON BEACH, FLORIDA or — Je aylo '22— t// — Vice M r — J odii ez Commissioner — Ronald Wei an Commissioner — Woodrow—E.- Commissioner oo .Commissioner — Marlene Ross Page 67 of 555 City of Boynton Beach City Commission TRAVEL POLICY Approved travel must adhere to the following guidelines in order to be paid by the City of Boynton Beach: A. Prior to Travel: 1. Complete Conference & Travel Request form and submit for approval. 2. All travel by City Commission Members must be approved in advance by the City Commission. B. Registration: 1. Complete conference registration forms. 2. Submit conference form for payment in advance if necessary. 3. Attach a copy of the registration form with the request for payment to Finance department. 4. Request per diem fee in advance (subtract all conference meals covered by registration fee). C. Upon completion of Travel: 1. Complete the Travel Expense Report for out-of-pocket expenses. 2. Attach all credit card receipts and other receipts to the expense report for payment or reimbursement. 3. Failure to include credit card receipts will be charged to the member personally. D. Travel Approvals: • City Commission Members travel shall be approved in advance by the City Commission at a regularly scheduled meeting. • The City Finance Director must sign off on travel form to confirm funds availability in the budget. • The City Manager must sign off prior to City Commission Agenda submittal. • Travel expenses are only reimbursable with receipts and are not automatic. • No PERSONAL items may be charged to the Agency. E. Travel Restrictions: • Per Diem payments shall be paid ONLY for class "A" travel, or travel outside the local area. Local area is defined as 50 miles or more from the Boynton Beach City Hall. • Mileage reimbursement rate is $.485 per mile per IRS and City. • If a spouse is to attend all related expenses shall be paid by the employee, and all receipts MUST be separate. The City WILL NOT pay for any spouse or child costs associated with any conference. All such costs will be paid by the member separately. • Any expenses incurred over the maximum amount approved for breakfast, lunch or dinner will be considered cost of the Commission Member and not the City. Meal rates are $12.00 breakfast, $15.00 lunch and $30.00 dinner. Page 68 of 555 City of Boynton Beach City Commission Gt�IVFE�t���E=�&° �'�tA1����F�ECt' ��►T Date of Request: City Commission Member Attending: Conference Name: Conference Location: Conference Purpose: Account to Charge: W: Dates of Travel & Attendance: to 2008 Cost of Conference: $ Cost of Travel: $ Cost of Lodging: $ Cost of Car Rental: $ Cost of Per Diem: $ ---------------- ---------------- TOTAL Approved by Finance Director: Date Approved by City Manager: "Cl LV NOTE: City Commission travel requests must be approved in advance at a regularly scheduled meeting of the City Commission. Any expenses incurred over the maximum amount approved for breakfast, lunch or dinner will be considered cost of the Commission Member and not the City. Meal rates are $12.00 breakfast, $15.00 lunch and $30.00 dinner. Please submit a conference agenda with this request. Please subtract all meals provided for by conference attendance fee. Page 69 of 555 CONSENTAGENDA 6/6/2017 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R17-052 - Approve and authorize the City Manager to sign a Lease and Easement Agreement with Florida Power & Light (FPL) to enable installation of Solar Canopies at Boynton Beach Oceanfront Park and Congress Avenue Barrier Free Park. EXPLANATION OF REQUEST: Florida Power & Light has initiated a program called Solar Now that allows customers to pay an additional fee on their monthly bill to fund distributed solar power generation. FPL has customers in Boynton Beach that have selected this option and the company recently approached the City with a proposal to place solar trees at Oceanfront Park. The Commission approved this lease agreement and construction of the trees is ongoing and nearly completed. As a result of this successful endeavor, City Staff requested that FPL consider the installation of solar canopies as well. Solar canopies are essentially cantilevered flat solar panel that provide shade while simultaneously provided for solar powered electric generation. Staff is very pleased to report that FPL will now favorably consider installation of solar canopies at Oceanfront Park in a configuration that will provide shade over the seating/viewing areas and over a large number of the most easterly parking spaces. Without doubt, installation of these solar canopies will benefit Boynton Beach, particularly when considering energy conservation goals outline in our Climate Action Plan. On that basis alone, installation of solar canopies makes good business sense. More notably, however, the solar canopies will serve as replacement to the existing shade sails located both north and south of the central plaza area. The shade sails have not proved to be a successful shade initiative since original installation. The poles are subject to corrosion in this ocean environment and the sails are prone to damage in high winds. Shade sails and poles would remain in the central plaza area. The current proposed City C I P contemplates $326,000 in maintenance expense for the shade sales and poles over the next 10 years. Approximately $75k of this expense is associated with the central plaza area. Thus, placement of the solar canopies would eliminate nearly $250,000 in shade sail maintenance expense over the next 10 years. Construction of the solar canopies will require all regulatory permit approvals including, but not limited to, DEP and the Town of Ocean Ridge. FPL has also offered to place a solar canopy at Congress Avenue Barrier Free Park. This lease agreement contemplates this action as well. The canopy will be located in an open area and will include parking lot lighting underneath the canopy. Final legally defined location of all canopies will be determined at a later date and after final engineering design. As such, staff requests that the City Commission authorize the City Manager execute the lease agreement subject to final surveyed legal locations and subject to all technical approvals by the City Engineer. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Placement of solar canopies will eliminate future maintenance of the shade sails and poles outside the central plaza area of Oceanfront Park. The solar canopies are more durable than the shade sail assemblies thus park patrons will experience more consistent shading as a result of less downtime due to shade sail failure. Furthermore, added shaded parking at Congress Avenue Barrier Free Park will likely be a welcomed addition by the public. Lastly, installation of solar panels is an excellent educational tool for the public, especially when Page 70 of 555 done so as part of a functional public amenity (shade). FISCAL IMPACT: Budgeted Installation of solar canopies at Oceanfront Park will eliminate nearly $250,000 of shade sail maintenance expense over the next ten years. Staff contemplates a City expense of $50,000 to remove existing shade sails and poles, fill and grout the pole foundations and restore landscape and concrete areas. Separately, staff has unique plan to better maintain the shale sails and poles in the central plaza area that will be part of a future capital project. Lastly, this lease agreement contemplates lease payment for the land by FPL to the City in the amount of nearly $4,000 per year. ALTERNATIVES: Do not approve this lease agreement and do not install solar canopies. Shade sail and poles at Oceanfront Park would be maintained in the future using City resources. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: Yes CLIMATE ACTION DISCUSSION: Adding solar power reduces regular electric demand and thereby lowers carbon emissions. Is this a grant? No Grant Amount: ATTACHMENTS: Type r D Exhibit D Agreement D Attachment Description Resolution approving Lease and Easement Agreement with FPL for Solar Canopies Solar Panel Renderings Lease and Easement Agreement Page 71 of 555 1 RESOLUTION R17- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING THE CITY MANAGER TO SIGN A 5 LEASE AND EASEMENT AGREEMENT WITH FLORIDA 6 POWER & LIGHT TO ENABLE INSTALLATION OF SOLAR 7 CANOPIES AT BOYNTON BEACH OCEANFRONT PARK AND 8 CONGRESS AVENUE BARRIER FREE PARK; AND PROVIDING 9 AN EFFECTIVE DATE. 10 11 WHEREAS, Florida Power & Light has initiated a program called Solar Now that 12 allows customers to pay an additional fee on their monthly bill to fund distributed solar 13 power generation; and 14 WHEREAS, FPL has customers in Boynton Beach that have selected this option 15 and the company approached the City with a proposal to place solar trees at Oceanfront 16 Park as part of this program; and 17 WHEREAS, City Staff has requested that FPL consider the installation of solar 18 canopies which are essentially cantilevered flat solar panels that provide shade while 19 simultaneously provide for solar powered electric generation; and 20 WHEREAS, FPL has offered to place a solar canopy at Congress Avenue Barrier 21 Free Park which will be covered under the Lease Agreement; and 22 WHEREAS, final legally defined location of all canopies will be determined at a 23 later date and after final engineering design and as such, staff is requesting that the City 24 Commission authorize the City Manager to execute the lease agreement subject to final 25 surveyed legal locations and subject to all technical approvals by the City Engineer. 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 27 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 28 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed C:AProgram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\9CC4D524-DDB6-4748-BCD1-59BB148CCB9C\Boynton Beach. 5657.1. Lease _And_Easement Agmt (FPL_ Oceanfront Park And Congress_Avenue_Barrier Free Park)_-_Reso.Doc Page 72 of 555 29 as being true and correct and are hereby made a specific part of this Resolution upon adoption 30 hereof. 31 Section 2. The City Commission of the City of Boynton Beach, Florida does 32 hereby authorize the City Manager to sign a Lease and Easement Agreement with Florida 33 Power & Light to enable installation of Solar Canopies at Boynton Beach Oceanfront Park 34 and Congress Avenue Barrier Free Park subject to final surveyed legal locations and all 35 technical approvals by the City Engineer, a copy of which is attached hereto as Exhibit "A". 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 Section 3. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this day of , 2017. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Justin Katz Commissioner — Mack McCray Commissioner — Christina L. Romelus Commissioner — Joe Casello ATTEST: Judith A. Pyle, CMC City Clerk (Corporate Seal) VOTE YES NO C:AProgram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\9CC4D524-DDB6-4748-BCD1-59BB148CCB9C\Boynton Beach. 5657.1.Lease_And_Fasement Agmt (FPL_ Oceanfront Park And Congress_Avenue_Barrier Free Park)_-_Reso.Doc Page 73 of 555 VE LO LO 2 0 'IT � ¢ 2 n � 00 a : L. . a \ 0 4.0 {} } . .j a. 0 {\ m LL # / : LO LO 2 0 'IT � ¢ 2 n � i.l 8 m a a >� 'D Knuth Rll,,� T qX' f76 71 ®® x as h it t ;� Tram S 1 ilAtaiy, Trail m �.1 �J LO LO LO 4- 0 m ti a� c� a r�0 OJ 0 LO LO LO 4- 0 ti ti a� c� a ki 0 9 ail Viif NZI LO LO LO 4- 0 co ti a� c� a 0 4 ail Viif LO LO LO 4- 0 rn ti a� c� a m SOLAR LEASE AGREEMENT THIS SOLAR LEASE AGREEMENT ("Agreement") is made this day of , 2017 ("Effective Date"), by and between the City of Boynton Beach, a municipal corporation under the laws of the State of Florida ("Lessor") and Florida Power & Light Company, a Florida corporation ("Lessee"). Lessor and Lessee are sometimes individually referred to herein as a "Party" and collectively as the "Parties". WITNESSETH: WHEREAS, Lessor is the fee simple owner of those certain real properties located in Palm Beach County, Florida, as more fully described on Exhibit A attached hereto and incorporated herein by this reference (each real property singularly and collectively referred to hereinafter as, the "Property"); WHEREAS, in the future, upon their mutual agreement, the Parties may desire to amend Exhibit A to include additional Property within the scope of this Agreement; and WHEREAS, within each Property, on the terms and conditions set forth in this Agreement, Lessor desires to permit Lessee to utilize the areas depicted on Exhibit B attached hereto and incorporated herein by this reference (each site singularly and collectively referred to as "Demised Premises"), for the purposes described in this Agreement; WHEREAS, to the extent the Parties agree to add additional Property to the scope of this Agreement, the Parties also desire to amend Exhibit B to specify what shall constitute the Demised Premises in any Property subsequently added to the scope of this Agreement; and WHEREAS, Lessee desires to lease the Demised Premises from Lessor and Lessor desires to lease the Demised Premises to Lessee for the installation of certain renewable energy generating equipment, including, without limitation, solar panels, solar canopy structures, electrical power inverters, interconnection equipment, electrical wiring, underground conduit, collection lines, wire management systems, charging stations, electric meters, metering and switch cabinets, power distribution boxes and racking systems (individually and collectively, the "Equipment") upon the terms and conditions set forth herein. NOW THEREFORE, in consideration of the mutual promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: 1. Demised Premises. Lessor hereby demises and leases the Demised Premises to Lessee, and Lessee hereby leases the Demised Premises from Lessor, upon the terms, covenants and conditions set forth in this Agreement. 2. Use. The Demised Premises may be used by Lessee for the purposes of constructing, installing, operating, inspecting, maintaining, repairing, enlarging, modifying, 1 Page 80 of 555 removing, testing and replacing the Equipment and any additional equipment required to generate, measure, and transmit solar power, together with the following rights: (a) Access. The right of ingress and egress to and from the Demised Premises over the Property necessary to access the Demised Premises. (b) Signage. The right, at Lessee's sole cost and expense, to install signage on and around the Equipment and on, over, under, through and across the Demised Premises at the point of access to the Equipment (to the extent allowed by applicable law) for any and/or all of the following purposes: (i) identifying Lessee's ownership of the Equipment and prominently displaying Lessee's corporate name, trade name(s), trademark(s), and logo(s) on the Equipment and all structures supporting the Equipment; (ii) describing the Equipment and its purpose and operation to interested parties accessing the Demised Premises (i.e. telling the distributed solar generation story); (iii) instructing parties accessing the Demised Premises to use caution so as not to damage the Equipment; and (iv) provide all necessary safety and hazard warnings. The location, design and content of such signage shall be subject to the prior approval of Lessor, which approval shall not be unreasonably withheld, conditioned or delayed. Such signage shall be removed by Lessee upon the final removal of the Equipment from the Demised Premises in accordance with the terms of this Agreement. Subject to Section 6(a) below, Lessor shall have the right, at Lessor's sole cost and expense to co -brand on Lessee's signage, provided that Lessor first obtains Lessee's prior written consent, which Lessee may approve or withhold such consent in its absolute and sole discretion. (c) Power Monitoring. The right to incidental access and use of Lessor's electrical systems for purposes of powering Lessee's computer equipment used in monitoring the power generated from the Equipment at the Demised Premises. Additionally, if, and so long as, Lessor provides an internet access system for use by guests and other visitors to the Property, Lessor will permit Lessee to use, at no cost to Lessee, such internet access system in connection with Lessee's power monitoring system described in the preceding sentence, and Lessor shall provide Lessee with the necessary access codes and other necessary information to use such internet access system; provided, however, Lessor does not warrant the stability, security or continuous operation of any such internet access system. 3. Term. (a) Construction Term. The initial construction term of this Agreement shall commence on the Effective Date and continue for twelve (12) months ("Initial Construction Term"), unless Lessee is then actively engaged in constructing or installing the Equipment, in which case the Initial Construction Term shall automatically extend, upon the same terms and conditions as set forth herein, for an additional twelve (12) months ("Extended Construction Term"). The Extended Construction Term shall end twenty-four (24) months after the Effective Date unless before that date Lessee notifies Lessor that Lessee elects to terminate this Agreement or that the Commercial Operations Date has occurred. The Initial Construction Term and Extended Construction Term, if any, are hereafter collectively referred to as the "Construction Term". For purposes of this Agreement, "Commercial Operations Date" shall mean the date on which the Equipment becomes operational as determined by FPL. For the 2 Page 81 of 555 purposes of this section, "operational" means the date on which Lessee has (i) received any and all approvals, licenses, and permits necessary to operate the Equipment, (ii) the Equipment is installed on the Demised Premises and is connected to the electric transformer, and (iii) the Equipment is generating solar power (b) Operating Term. The "Operating Term" of this Agreement shall commence on the day immediately following the last day of the Construction Term, and continue for a term ending on the fifteen (151') anniversary of the Commercial Operations Date. The Operating Term and the Construction Term are collectively referred to herein as the "Term". The Term of this Agreement shall automatically renew for three (3) consecutive five (5) year periods unless Lessee provides Lessor with written notice of its intention to terminate this Agreement within thirty (30) days prior to the expiration of the then applicable Term. 4. Installation and Location of Eguipment. From and after the Effective Date, Lessee, as well as any permitting, licensing, regulating or approving entity, agency or authority, any utility intending to purchase electricity generated by the Equipment, and the agents, employees, contractors, subcontractors, consultants and representatives of each (collectively, the "Lessee Parties"), have ingress, egress and access to the Demised Premises at all times during the Term, twenty-four (24) hours -a -day, seven (7) days -a -week, for and including to inspect, construct, install, maintain, repair, enlarge, modify, remove, replace, test and operate the Equipment. Lessee Parties will use commercially reasonable efforts to minimize any interference with Lessor's use and operations on the Property. Lessor shall cooperate as necessary with Lessee (at no cost to Lessor) in Lessee's efforts to obtain all permits, licenses and approvals necessary for the installation and operation of the Equipment. Except as otherwise expressly set forth herein, Lessee shall have no right to access or utilize any other portion of Lessor's Property other than the Demised Premises. Lessee may locate and install the Equipment on the Demised Premises as is reasonably necessary in order to achieve optimal solar power generation. Installation of the Equipment shall be in compliance with all applicable laws and ordinances and shall not result in the imposition or creation of a lien against any portion of the Demised Premises. Lessor, at Lessor's sole cost and expense, shall remove all existing shading sales, poles and other Lessor improvement located on the Oceanfront Park portion of the Demised Premises identified on attached Exhibit B within twenty-one (2 1) days after the Town of Ocean Ridge has approved a building permit for the Equipment located at Oceanfront Park, 6415 N. Ocean Boulevard, Boynton Beach, Florida 33435. Upon completion of the installation of the Equipment by Lessee, Lessee shall provide Lessor with an "as -built" survey of the Equipment installed on the Demised Premises which shall serve as a replacement Exhibit B. 5. Rent. Lessee shall pay a fee to Lessor annually, in advance, on or before July 151i of each year during the Term the amount set forth on the attached Exhibit C which exhibit is incorporated herein by this reference ("Rent"). In the event the Term commences on a date other than July 151i, Lessee shall pay Lessor upon commencement of the Term an amount equal to the pro -rata portion of the applicable Rent for such partial annual period. Rent shall be 3 Page 82 of 555 payable to Lessor electronically per the attached Exhibit D, which exhibit is incorporated herein by this reference. In the event this Agreement expires or is terminated at a time other than on the last day of an annual period, then Rent shall be pro -rated as of the date of this Agreement's expiration or earlier termination for any reason (other than an uncured and continuing default by Lessee) and all prepaid Rent that has not yet accrued shall be immediately refunded to Lessee. 6. Interference. During the Term, Lessor shall not directly or indirectly Interfere, or cause or permit to be caused any Interference, with the Equipment. For purposes of this Agreement "Interfere" and "Interference" shall mean interference with Lessee's use, operation, access, maintenance or repair of the Equipment on a sustained basis as a result of Lessor's direct or indirect actions, including without limitation the following: (a) Placement of any equipment, sign, logo, structure, or improvements on, across, under or over any portion of the Equipment without the prior written consent of Lessee, which Lessee may approve or withhold such consent in its absolute and sole discretion; (b) Placement of any equipment, sign, structure or improvement in a location that interferes with any portion of the Equipment's exposure to sunlight, as determined by Lessee in its sole discretion; (c) Interference in any way with any portion of the Equipment's ability to generate solar power, as determined by Lessee in its sole discretion; (d) Any portion of the Equipment to become subject to any lien, mortgage, deed of trust, security agreement, mechanics lien or other such encumbrance not caused by Lessee, unless the holder of such lien, mortgage, deed of trust, security agreement or other such encumbrance provides Lessee with a subordination and non -disturbance agreement or a non- disturbance agreement, in form and substance acceptable to Lessee, within thirty (30) days following Lessee's request for same; (e) Any portion of the Demised Premises to be maintained, altered, modified, repaired, replaced or compromised in such a way that it can no longer support the Equipment or any portion of the Equipment or the use of any portion the Equipment is impaired, as determined by Lessee in its sole discretion; (f) Disruption with Lessee's access to any portion of the Demised Premises; and/or (g) Sale, transfer, assignment, lease or sublease any portion of the Demised Premises, other than subject to Lessor's obligations under this Agreement. In the event of that Lessor Interferes or causes Interference, Lessee will provide Lessor with a written summary documenting such Interference ("Interference Notice"). In the event Lessor is in violation of any of the above -listed items in this section, and such violation continues for fifteen (15) days or more following Lessee's delivery of an Interference Notice, M Page 83 of 555 then in addition to the rights granted Lessee under Section 18 below, Lessee may elect to terminate this Agreement immediately upon delivering written notice to Lessor. 7. Mechanics' Liens. (a) Lessee's Actions. Installation of the Equipment shall not result in the imposition or creation of a lien against any portion of the Property. If any mechanic's, contractor's or material supplier's lien is asserted against all or any part of the Property in connection with Lessee's installation, construction or operation of the Equipment or any related activities, Lessee shall indemnify Lessor against any loss, claim, damage or expense, including attorneys' fees, that Lessor may incur in connection with such assertion of such lien, and, if any notice or statement of lien is filed or recorded in any public office in connection with Lessee's installation, construction or operation of the Equipment or any related activities, Lessee shall cause such notice or statement of lien to be released or bonded off, within thirty (30) days from the date Lessor gives written notice of such lien. Lessee's obligations under this section shall survive the expiration or earlier termination of this Agreement. (b) Lessor's Actions. If any mechanic's, contractor's or material supplier's lien is asserted against all or any part of the Demised Premises or Property by anyone having provided labor, services, material or equipment at the request of Lessor, and if Lessee is made a party to any action or proceeding to foreclose any such asserted lien, Lessor shall indemnify Lessee and hold it harmless against any loss, claim, damage or expense, including attorneys' fees, that Lessee may incur in connection with such action or proceeding, including paying any judgment that may be entered therein. 8. Maintenance; Repair; Replacement; Reinstallation. (a) During the Term, Lessee shall, at Lessee's sole cost and expense, operate and maintain the Equipment in good working order and in a safe, clean manner. (b) In the event the Equipment or any portion thereof is damaged or destroyed at any time during the Term, Lessee shall have the right, but not the obligation, to repair, replace or reinstall the Equipment or any portion thereof within the Demised Premises. (c) Lessor shall conduct, or cause to be conducted, all routine and necessary maintenance of the Demised Premises and shall ensure that the Demised Premises shall remain able to support the Equipment for the duration of the Term. If Lessor has to replace or engage in widespread repair of the paving or other improvements located on or near the Demised Premises during the Term, then Lessor shall provide Lessee with at least ninety (90) days prior written notice and Lessee will coordinate protection of the Equipment with Lessor as appropriate in order to accommodate Lessor's construction schedule. (d) If the Demised Premises are substantially destroyed by fire or other casualty, Lessee may by written notice, given not later than thirty (30) days after the date of such destruction, terminate this Agreement, in which event Rent paid for the period beyond the date of destruction shall be refunded to Lessee, together with an insurance proceeds received by Lessor in connection therewith. If the Demised Premises are not substantially destroyed but Lessee I Page 84 of 555 cannot reasonably operate the Equipment during repairs, Rent shall abate until such time as Lessee may recommence operating the Equipment. (e) Lessee shall have the right, at Lessee's sole cost and expense, to repair, replace or reinstall any affected Equipment on the Demised Premises following complete or partial destruction of Lessor's improvements to the Demised Premises and/or Lessee's Equipment thereon. Following complete destruction of Lessor's improvements to the Demised Premises, Lessor may provide Lessee with a mutually acceptable alternative location on or off the Property approved by Lessee on which Lessee may install the Equipment. If, however, Lessor is unable to provide an alternative location for the Equipment that meets such standard, and Lessee does not approve such alternate site, Lessee shall have the right, upon written notice to Lessor, to terminate this Agreement, and receive an immediate return from Lessor of its prorated portion of Rent paid. If such new location is acceptable to Lessee, Exhibit B (and, if necessary, other exhibits) to this Agreement will be amended to reflect the new location of the Demised Premises. (f) Lessee shall have the right, in its sole discretion, to remove all or a portion of the Equipment at any time during the Term, and such removal shall not constitute a default or be deemed a termination under this Agreement. Following the removal of any Equipment the Rent shall be proportionally adjusted. 9. Taxes. Lessor shall submit a copy of the annual statement for real property taxes for the Property to Lessee within ten (10) business days after the date that Lessor receives such statement from the taxing authority. Lessor shall pay when due all real property taxes for the Property. In the event that Lessor fails to pay any such real property taxes or other fees and assessments, Lessee shall have the right, but not the obligation, to pay such owed amounts and recover the amount so paid from Lessor, including by offsetting such amount from any Rent due to Lessor or otherwise. Notwithstanding the foregoing, Lessee shall pay any personal property tax which is attributable to the Equipment or the Equipment's installation or placement on or within the Demised Premises. Lessor hereby grants to Lessee the right to challenge, whether in a court, administrative proceeding, or other venue, on behalf of Lessor and/or Lessee, any personal property or other tax assessments that may affect the Demised Premises as a result of the Equipment. If Lessor receives notice of any personal property or other property tax assessment against the Lessor which may affect Lessee or the Equipment and is attributable, in whole or in part, to the Equipment, Lessor shall provide timely notice of such assessment to Lessee sufficient to allow Lessee to consent to or challenge such assessment if a right to challenge the assessment is then available under applicable law. Further, Lessor will provide to Lessee any and all documentation in the possession of Lessor that is associated with such assessment and will execute any and all documents reasonably necessary to effectuate the intent of this section, provided that Lessor shall not be required to incur any expense or any risk of material liability. 10. Insurance. Lessee will maintain at all times during the Term, the insurance designated in this section in accordance with the terms and conditions required by this section. Such policy or policies shall be issued by companies authorized to do business in the State of Florida with a minimum A.M. Best financial rating of "A— VIP'. D Page 85 of 555 (a) Commercial General Liability Insurance with limits of Three Million Dollars ($3,000,000) per occurrence combined single limit for bodily injury and property damage. (b) Business Automobile Liability Insurance with limits of Two Million Dollars ($2,000,000) for bodily injury and property damage. (c) Workers' Compensation Insurance in compliance with Florida Statutes. Lessee has the right to meet the insurance designated in this section through any combination of self-insurance, primary or excess coverage. Should Lessee self -insure, then prior to accessing the Demised Premises, Lessee will provide Lessor with a letter of such self- insurance which will include a reference to publicly available financial statements and annual reports. Lessor and Lessee, for themselves and their respective insurers, waive any right to assert any claim against the other Party, to the extent such claim is covered by the waiving party's insurance. Each Party shall waive all rights of subrogation of their respective insurers. 11. Indemnification. Lessee shall indemnify Lessor from and against all losses, claims, damages or expenses, including attorneys' fees, incurred by Lessor in connection with any third party claims for personal injury or death to persons and damage to Lessor's personal property arising during the Term, to the extent arising from the negligence or willful misconduct of Lessee, its agents, employees, representatives, contractors, or sub -contractors up to One Million Dollars ($1,000,000). Lessor shall indemnify Lessee from and against all losses, claims, damages or expenses, including attorneys' fees, incurred by Lessee in connection with any third party claims for personal injury or death to persons and damage to Lessee's personal property arising during the Term, to the extent arising from the negligence or willful misconduct of Lessor, its agents, employees, representatives, contractors, or sub -contractors up to One Million Dollars ($1,000,000). In no event shall Lessor or Lessee be liable to the other for consequential, special, exemplary, punitive, indirect or incidental losses or damages, nor shall any parent, subsidiary, affiliate or employee of Lessor or Lessee have any liability under this Agreement. Neither Lessor nor Lessee, nor their respective insurer, shall, without the prior written consent of the other Party, which consent will not be unreasonably withheld, enter into the settlement or compromise of any claim brought against the indemnified Party which is the subject of indemnification under this Agreement. Notwithstanding the foregoing, this paragraph shall not be construed or interpreted as a waiver of the Lessor's sovereign immunity and the limits established in Section 768.28, Florida Statutes. This section shall survive the expiration or earlier termination of this Agreement. 12. Eguipment to Remain Personal Property of Lessee. The Equipment is and will remain the property of Lessee, its successors or assigns, regardless of its use or manner of attachment to the Demised Premises. Lessor agrees to execute such further documentation as is reasonably necessary to ensure that the Equipment does not constitute, and is not deemed to be, a fixture attached to the Demised Premises. Except as expressly set forth in this Agreement, Lessor will have no right, title, or interest in the Equipment, and no right to purchase or otherwise acquire title to or ownership of the Equipment, and Lessor hereby expressly disclaims 7 Page 86 of 555 any right, title or interest in or to the Equipment, whether arising by lien, by operation of law, or otherwise. 13. Subordination. Lessor warrants that the Property is not, as of the Effective Date, subject to any mortgage or other monetary lien, other than liens for taxes and assessments imposed by law. If Lessor hereafter determines to mortgage all or any part of the Property and the proposed mortgage document does not acknowledge the priority of this Agreement, then prior to execution of such mortgage Lessor will secure a subordination and non -disturbance agreement or non -disturbance agreement in commercially reasonable form from the mortgagee, which provides that such mortgagee or lienholder will not disturb Lessee's possession or rights under this Agreement, or terminate this Agreement so long as Lessor is not entitled to terminate this Agreement or Lessee's interest in the Demised Premises. 14. Quiet Enioyment. Lessor represents and warrants to and covenants with Lessee that: (a) Lessor has full right, power and authority to execute this Agreement; (b) Lessor has good and unencumbered title to the Demised Premises free and clear of any liens, mortgages or other encumbrances (c) Lessor's execution and performance of this Agreement will not violate any laws, ordinances, covenants, or the provisions of any mortgage, lease, or other agreement binding on Lessor; (d) there are no agreements with any third parties that may adversely affect the Equipment or the Equipment's exposure to sunlight, (e) during the Term, Lessor will not enter into any agreements with any third parties that may adversely affect the Equipment or the Equipment's exposure to sunlight, and (f) all times during the Term, Lessee's quiet enjoyment of the Demised Premises or any part thereof shall not be disturbed. 15. Default by Lessee. The happening of any one or more of the following events, upon the expiration of any applicable notice and cure period, shall be events of default under this Agreement: (a) The failure of Lessee to pay any installment of Rent or other charge or money obligation herein required to be paid by Lessee within fifteen (15) calendar days after written notice of such default from Lessor to Lessee; or (b) The failure of Lessee to fully perform any other of its covenants under this Agreement within sixty (60) calendar days after Lessee receives written notice of such default from Lessor; provided, however, if such non -monetary default cannot reasonably be cured within such sixty (60) day time period, Lessee shall not be deemed in default hereunder if Lessee has commenced to cure such default within said sixty (60) day time period and thereafter continues with diligence to complete the cure of such default. 16. Lessor's Remedies. Lessor's exclusive remedies for events of default by Lessee shall be limited to the following: (a) Upon an event of default for non-payment of Rent as set forth in Section 15(a) above, and after the expiration of the applicable notice and cure period, Lessor may recover from Lessee the amount in default, with interest on the unpaid amount at the annual rate of six percent (6%). Page 87 of 555 (b) Upon an event of default as set forth in Section 15(b) above, and after the expiration of the applicable notice and cure period, Lessor may perform, or cause to be performed, on behalf and at the expense of Lessee, any or all of the undertakings or obligations as to which Lessee remains in default, in which event Lessee will reimburse Lessor for such actual reasonable costs and expenses, within forty-five (45) days following Lessee's receipt of Lessor's invoice and supporting documentation. Notwithstanding the preceding sentence, Lessor may not perform any obligation of Lessee under Section 8(a) or take any other action that relocates or physically alters any of the Equipment that at the time is in operable condition. (c) Lessor may exercise any other remedy available at law or in equity except for ejectment, termination or rescission of this Agreement, all of which are expressly excluded. In any action or proceeding to enforce any of Lessee's obligations under this Agreement, Lessor may recover all costs and expenses, including reasonable attorneys' fees, incurred by Lessor in connection with such action or proceeding or any appeal therefrom or review thereof. 17. Default by Lessor. The failure of Lessor to fully perform any term, provision, or covenant of this Agreement within sixty (60) calendar days following written notice of such default from Lessee; provided, however, that if such default cannot reasonably be cured within such sixty (60) day time period, Lessor shall not be deemed in default hereunder if Lessor has commenced to cure such default within said sixty (60) day time period and thereafter continues with diligence to complete the cure of such default. 18. Lessee's Remedies. Upon an event of default by Lessor as set forth in Section 17 above, and after the expiration of the applicable notice and cure period, in addition to and not by way of limitation of the exercise by Lessee of any and all rights and remedies Lessee may have at law or in equity, Lessee may: (a) cure the default and be reimbursed by Lessor within thirty (30) days following Lessor's receipt of Lessee's invoice and supporting documentation of costs and expenses associated with curing the default; (b) terminate this Agreement; and/or (c) exercise any remedy Lessee may have at law or in equity. In the event that Lessor fails to timely make such reimbursement payments to Lessee as set forth in subsection (b) above, Lessee may deduct such amounts owed by Lessor to Lessee from Rent due. In any action or proceeding to enforce any of Lessor's obligations under this Agreement, Lessee may recover all costs and expenses, including reasonable attorneys' fees, incurred by Lessee in connection with such action or proceeding or any appeal therefrom or review thereof. Notwithstanding the foregoing, in the event that Lessor Interferes or causes Interference with the Equipment of this Agreement, and such Interference is not cured within the fifteen (15) day time period set forth in Section 6 above, in addition to the remedies set forth in this Section 18, Lessor shall also be required to reimburse Lessee any and all costs incurred or expended by Lessee in connection with the removal of the Equipment from the Demised Premises, together with any and all costs incurred or expended by Lessee in connection with either, at Lessee's sole option, (i) the disposal of the Equipment, or (ii) the relocation of the Equipment to another part of the Demised Premises, Property or other real property, as applicable, whether or not such replacement real property is owned by Lessor. 0 Page 88 of 555 19. Intentionally Deleted. 20. Removal. Upon the expiration or earlier termination of the Term by Lessee through no fault of Lessor for defaulting under the terms of this Agreement, Lessee shall continue to have the right of reasonable access to the Demised Premises in order to remove the Equipment, and repair and restore the affected portions of the Demised Premises to substantially the same condition as practical as existed immediately prior to Lessee's installation of the Equipment, at Lessee's sole cost and expense; provided, however, in the event that Lessor causes Lessee to terminate this Agreement (including Sections 6 and 18 above) prior the expiration of the Term, removal and disposal or relocation costs of the Equipment, and repair and restoration of the Demised Premises, shall be at Lessor's sole cost and expense. 21. Tax Credits, Financial Incentives, Sale of Enemy. Installation and operation of the Equipment on the Demised Premises may result in the availability of federal and/or state tax credits, and other financial incentives (collectively hereinafter "Incentives"). Lessee is and shall be the sole recipient and beneficiary of any and all such Incentives, which shall be distributed, disbursed and/or assigned in Lessee's sole discretion. Lessor shall have no right to any Incentives, except as otherwise agreed to in writing by Lessee. Furthermore, any and all solar power electricity produced by or relating to the Equipment ("Energy"), and the right to utilize and/or sell the same, shall be the sole property and right of Lessee. Lessor shall have the right to purchase the Energy from Lessee for the exclusive use of Lessor at the Demised Premises; provided however, Lessor shall have no right sell the Energy or allow the Energy to be used by any other parry or any other property other than Lessor at the Demised Premises. 22. Assignment; Leasehold Financing. (a) Except as permitted by Section 22(b) below, Lessee shall not assign this Agreement or any interest herein without the prior written consent of Lessor. Lessor shall not assign its interest in this Agreement to anyone other than a purchaser or Lessee of the Demised Premises without the prior written consent of Lessee. Neither Party will unreasonably withhold, condition or delay its consent to an assignment by the other Parry. The terms and conditions of this Agreement will bind and benefit the respective successors and permitted assigns of the Parties. Following any permitted assignment or transfer by operation of law, the terms "Lessor" and "Lessee" shall be deemed to refer to the relevant transferee or successor, unless the context clearly indicates that the term refers only to the original Party so identified. (b) Lessor acknowledges that Lessee's interests under this Agreement and in the Equipment are and will be encumbered by Lessee's existing mortgage. Additionally, Lessee may, upon notice to Lessor, mortgage or grant a security interest in this Agreement and the Equipment, and may assign this Agreement and the Equipment to any of Lessee's future mortgagees or holders of security interests, including their successors or assigns (Lessee's existing mortgagee and any future Lessee mortgagees or security interest holders are collectively referred to herein as the "Mortgagees"), and such Mortgagees shall have the right, but not the obligation, to assume Lessee's rights and obligations under this Agreement. In such event, Lessor shall execute such consent to leasehold financing as may reasonably be required by Mortgagees. Lessor agrees to notify Lessee and Lessee's Mortgagees simultaneously of any default by Lessee and to give Mortgagees the same right to cure any default as Lessee, except 10 Page 89 of 555 that the cure period for any Mortgagees shall not be less than thirty (30) calendar days after receipt of the default notice, as provided in Section 15 above. All such notices to Mortgagees shall be sent to Mortgagees at the address specified by Lessee. Failure by Lessor to give Mortgagees such notice shall not diminish Lessor's rights against Lessee, but shall preserve all rights of Mortgagees to cure any default as provided in Section 15 above. 23. Condemnation. In the event of condemnation of some or all of the Demised Premises, Lessor and Lessee shall each be entitled to pursue their own separate awards with respect to such taking, as their respective interests appear. Sale of all or part of the Property to a purchaser with the power of eminent domain in the face of the exercise of the power shall be treated as a taking by condemnation for purposes of this Agreement. 24. Notices. All notices, demands, requests, consents, approvals and other instruments required or permitted to be given pursuant to this Agreement shall be in writing, signed by the notifying Party, or officer, agent or attorney of the notifying Party, and shall be deemed to have been effective upon delivery if served personally, including but not limited to delivery by messenger, overnight courier service or by overnight express mail, or on the third (3rd) business day after posting if sent by registered or certified mail, postage prepaid, return receipt requested, and addressed as follows: To Lessor: City of Boynton Beach 100 East Boynton Beach Blvd Boynton Beach, Florida 33425 Attn: City Manager To Lessee: Florida Power & Light Company 700 Universe Boulevard, CEA/JB Juno Beach, Florida 33408 Attn: Vice President of Corporate Real Estate With copy to: Florida Power & Light Company 700 Universe Boulevard, LAW/JB Juno Beach, Florida 33408 Attn: General Counsel The address to which any notice, demand, or other writing may be delivered to any Party as above provided may be changed by written notice given by such Party. 25. Memorandum of Lease. It is specifically understood and agreed by both Parties hereto that a Memorandum of Lease ("Memorandum") in substantially the form of the attached Exhibit E will be executed by the Parties and recorded in the Public Records of the county in which the Demised Premises is located, indexed in the land records of that office in the names of both Parties hereto and will be a matter of public record. Upon completion of the installation of the Equipment by Lessee, Lessee shall provide Lessor with an "as -built" survey of the Equipment installed on the Demised Premises which shall serve as a replacement to the exhibit attached to the Memorandum, and Lessor hereby authorizes Lessee to execute and record an amendment to the Memorandum without the Lessor's signature effectuating such change. 11 Page 90 of 555 26. Miscellaneous (a) Entire Agreement; Modification; Waiver. All of the representations and obligations of the Parties are contained herein and no modification, waiver or amendment of this Agreement or of any of its conditions or provisions shall be binding upon a Parry unless in writing, signed by that Party or a duly authorized agent of that Parry empowered by a written authority signed by that Parry. The waiver by either Party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach of that provision by the same Party, or of any other provision or condition of this Agreement. No waiver shall be implied by delay or any other act or omission of either Parry. (b) Governing Law; Waiver of Jury Trial. This Agreement shall be subject to and governed by the laws of the State of Florida, without regard to its conflict of laws principles. The Parties agree that any action or proceeding arising out of or related in any way to this Agreement shall be brought solely in a court of competent jurisdiction in the State of Florida. EACH OF THE PARTIES HERETO HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES THE RIGHT EITHER OF THEM MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. (c) Attorneys Fees. In the event of any litigation arising between the parties under this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and paralegals' fees and court costs at all trial and appellate levels. This paragraph shall survive expiration or termination of this Agreement coextensively with other surviving provisions of this Agreement. (d) Severability. Should any provision of this Agreement be held, in a final and un -appealable decision by a court of competent jurisdiction, to be either invalid, void or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect, and the Parties shall negotiate in good faith to restore insofar as practicable the benefits to each Party that were affected by such ruling. (e) Headings and Gender. All headings in this Agreement are inserted only for convenience and ease of reference and are not to be considered in the construction or interpretation of any provision of this Agreement. In construing this Agreement, the singular shall be held to include the plural, the plural shall include the singular, and the use of any gender shall include every other and all genders. (f) Authority. Each Party represents to the other that it has complete authority to enter into this transaction. (g) Counterparts. This Agreement may be executed in any number of counterparts, each of which, upon execution of a substantively identical counterpart by each Party, shall be deemed an original, but all of which together shall constitute a single instrument. A facsimile or similar electronic transmission of a counterpart signed by a Party hereto shall be regarded as an original signed by such Party for all purposes. 12 Page 91 of 555 (h) Binding Effect. This Agreement shall bind and benefit the Parties and their respective successors and assigns. (i) Publicity; Tours. The Parties acknowledge that each of them has a legitimate business interest in receiving public recognition of their participation in the transaction contemplated by this Agreement. In order to coordinate the timing, tone and content of any publicity, however, each Party agrees that neither of them shall issue any press release or otherwise publicize the existence or the terms of this Agreement without the prior written approval of the other Party, which approval will not be unreasonably withheld or delayed, provided that general advertising that refers to a "partnering" (or other terminology of similar import) of either Party with the other Party for the purposes of any of the transactions contemplated hereby, but does not expressly reference this Agreement or disclose any of the terms hereof, shall not be subject to the provisions of this subsection. No filing that Lessee is required by applicable law to make with any regulatory authority shall, by itself, be deemed to violate the preceding sentence. Lessee shall have the right to give site tours of the Equipment on the Demised Premises for visitors and other interested parties. 0) Construction. This Agreement shall not be construed more strictly against one Party than against the other, merely by virtue of the fact that it may have been prepared by counsel for one of the Parties, it being recognized that both Lessor and Lessee have contributed substantially and materially in the negotiation and preparation of this Agreement, and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any exhibits, schedules, addendums or amendments hereto. (k) Headings. All headings in this Agreement are inserted only for convenience and ease of reference and are not to be considered in the construction or interpretation of any provision of this Agreement. In construing this Agreement, the singular shall be held to include the plural, the plural shall include the singular, and the use of any gender shall include every other and all genders. (1) Force Maieure. Lessor and Lessee (except with respect to the payment of any monetary obligation) shall be excused for the period of any delay in the performance of any obligation hereunder when such delay is occasioned by causes beyond its control, including but not limited to work stoppages, boycotts, slowdowns or strikes; shortages of materials, equipment, labor or energy; unusual weather conditions; or acts or omissions of governmental or political bodies. (m) Exhibits. All of the schedules and exhibits attached to this Agreement (or attached from time to time after the Effective Date) are incorporated in, and made a part of, this Agreement. (n) Successors and Assigns. This Agreement shall be binding upon the Parties hereto and their respective successors and assigns. (o) Amendments. This Agreement may not be changed, altered or modified except by an instrument in writing duly signed by both Parties. 13 Page 92 of 555 (p) Calculation of Time Periods. The Effective Date of this Agreement shall be when it has been signed by the last party to sign same and when it has thereupon been mutually delivered. For purposes of this Agreement, any time period that falls on a Saturday, Sunday or legal holiday under laws of the State in which the Property is located, will be extended to the next business day. The final day of any such period shall be deemed to end at 5:00 p.m., local time where the Property is located. [Remainder of page intentionally blank; Signature pages follow] 14 Page 93 of 555 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their respective duly authorized officers as of the date first above written. Witness: Print Name: Print Name: LESSOR: City of Boynton Beach, a municipal corporation under the laws of the State of Florida By: Print Name: Title: 15 Page 94 of 555 Witness: Print Name: Print Name: 16 LESSEE: Florida Power & Light Company, a Florida corporation Timothy Oliver, Vice President of Corporate Real Estate Page 95 of 555 EXHIBIT A Description of the Property 1. Oceanfront Park (6415 N. Ocean Boulevard, Boynton Beach, Florida 33435): The South 986.96 feet of Government Lot 5 of Section 22, Township 45 South, Range 43 East of Palm Beach County, Florida, lying east of and adjoining Ocean Boulevard. 2. Barrier Free Park (3111 S. Congress Avenue, Boynton Beach, Florida 33426): The Easterly 975 feet of the Southerly 996.81 feet of the North 1782.18 feet of the Northeast 1/4 lying South of Charter Drive North , less the East 60 feet of State Road 807 Right -of -Way. Exhibit A Page 96 of 555 EXHIBIT B Depiction of Demised Premises 1. Oceanfront Park (6415 N. Ocean Boulevard, Boynton Beach, Florida 33435): Boynton Beach oceanfront Park Beach — Solar Canopy Lessorto provide As -Builds at the end of project and automatically inserted as Exhibit B. SUBJECT TO CITY ENGINEER REVIEW PRIOR TO FINAL RATIFICATION Exhibit B Page 97 of 555 EXHIBIT B (continued) 2. Barrier Free Park (3111 S. Congress Avenue, Boynton Beach, Florida 33426): Vnttsrg Beaen, Barrier Fri Park Lessor to pmvidaa -B fids at the crud of pro amd automataftit art d as Exhibit B. SUBJECT TO CITY ENGINEER REVIEW PRIOR TO FINAL RATIFICATION Exhibit B Page 98 of 555 EXHIBIT C Rent RENT FORMULA Rent shall be calculated based on the actual capacity of kilowatts of solar power installed by Lessee under this Agreement ("Capacity") multiplied by [ ] and No/100 Dollars ($18.00) per kilowatt; the resulting Capacity will be utilized for calculating the annual Rent for each year during the Term (or the pro -rated portion thereof in accordance with Section 5 of this Agreement). Exhibit C Page 99 of 555 EXHIBIT D Wire Transfer Form and Direct Deposit Form Financial Electronic Data Interchange Agreement FINANCIAL ELECTRONIC DATA INTERCHANGE AGREEMENT IQ ["FEDI Agreement"] SECTION A: INFORMATION FOR COMPANIES DOING BUSINESS WITH FPL • This FEDI Agreement is for purposes of facilitating electronic payments to your Company's account at a specified Financial Institution ("Bank") in lieu of payment by check transmitted by U.S. Mail to Company's address. • Company must fill in Section B COMPLETELY. The signature by your representative authorizes FPL to satisfy payment obligations by initiating funds transfers resulting in a deposit into your specified Bank and account. • Company is solely responsible for the accuracy and completeness of all information provided in Section B, below, and FPL is authorized and directed to rely on such information. FPL is under no duty to detect any inaccurate, inconsistent or incomplete information provided to FPL by Company in connection with any service or materials provided to FPL. If necessary to give effect to instructions for any service or materials provided to it, FPL may change the information provided to it, including names and account numbers. • Remittance information will be sent to the Company's Bank in CTX format via an FEDI transaction set 820. How the remittance information is communicated to the Company, as well as any costs associated with this communication, is between the Company and its Bank. • Payments will be processed by our respective Financial Institutions in accordance with the rules of the National Automated Clearing House Association (NACHA). • Payments will be made in accordance with the payment terms of applicable contracts. • Any subsequent changes to the Bank Identification Number (ABA) or Company's Account Number listed below will require fifteen (15) days' advance notice and transmittal of a revised FEDI Agreement to your business contact at FPL and/or transmittal by mail to: ■ NextEra Energy ■ Attention: Accounting - Vendor Maintenance ■ P. O. Box 88888 ■ North Palm Beach, FL 33408 -or- email to: AP-vendor-maintenance-nextera- energy@nexteraenergy.com Exhibit D Page 100 of 555 SECTIONB: COMPANYINFORMATION & AUTHORIZATION Company Name: Company Address: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Federal Tax ID Number: Company Accounting Contact Person Name: Title: Phone #: Fax #: Email: Bank Information (Contact Financial Institution to obtain this information) Bank Name: Branch: City: State: [ABA... Must be 9 digits] Company's Account Number: Checking: Savings: ❑ Bank Contact Person: Phone: Company Authorization Signature Authorized By: Date: Print Name: Title: SECTION C: FOR FPL INTERNAL USE ONLY Vendor #: Entered By: Date: Exhibit D Page 101 of 555 EXHIBIT E Form Memorandum of Lease This Instrument has been prepared by or under the supervision of (and after recording return to): Seth S. Sheitelman, Esq. Florida Power & Light Company (LAW/JB) 700 Universe Boulevard Juno Beach, Florida 33408 MEMORANDUM OF SOLAR LEASE AGREEMENT This Memorandum of Solar Lease Agreement ("Memorandum") is executed and effective this day of , 20 by and between the City of Boynton Beach, a municipal corporation under the laws of the State of Florida ("Lessor") and Florida Power & Light Company, a Florida corporation ("Lessee"). RECITALS WHEREAS, on event date herewith, Lessor and Lessee entered into a written Solar Lease Agreement ("Agreement") related to certain property situated in Palm Beach County, Florida more particularly described in Exhibit A attached hereto and made a part hereof ("Property"); and WHEREAS, Lessor and Lessee desire to provide record notice of the Agreement pursuant to this Memorandum. AGREEMENT NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Lessor and Lessee hereby give record notice of the following: Recitals. The foregoing recitals are true and correct and incorporated herein by reference. 2. Lease. In accordance with the terms and conditions of the Agreement, Lessor has leased that certain portion of the Property to Lessee more particularly described in Exhibit B attached hereto and made a part hereof ("Demised Premises") for the purpose of constructing, installing, operating, inspecting, maintaining, repairing, testing, enlarging, modifying, removing, and replacing the solar Equipment (as defined in the Lease), together with the Demised Premises for the placement and storage of materials and equipment as more particularly shown on the attached Exhibit C. Exhibit E Page 102 of 555 3. Term. The term of the Agreement commenced on the effective date of the Agreement and continues for a term ending on the fifteenth (15I') anniversary of the effective date of the Agreement, unless extended. 4. Notice. This Memorandum is being executed by the parties solely to give public notice of the interest of Lessee in the Demised Premises and is not intended to modify, amend or alter in any respect whatsoever, the terms, covenants and agreements contained in the Agreement. 5. Counterparts. This Memorandum may be executed in one or more counterparts, each of which is an original, but all of which together shall constitute one and the same instrument. [Signatures and Acknowledgements Appear on Following Pages] Exhibit E Page 103 of 555 IN WITNESS WHEREOF, Lessor and Lessee have executed this Memorandum on the date hereinabove written. Executed in the presence of: Lessor: Name: Name: City of Boynton Beach, a municipal corporation under the laws of the State of Florida By: Name: Title: ACKNOWLEDGEMENT STATE OF FLORIDA ) )ss: COUNTY OF ) On this day of 20 , before me, the undersigned notary public, personally appeared , as of the City of Boynton Beach, a municipal corporation under the laws of the State of Florida, personally known to me to be the person who subscribed to the foregoing instrument or who has produced , as identification, and acknowledged that he/she executed the same on behalf of the city and that he/she was duly authorized so to do. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA Exhibit E Page 104 of 555 Executed in the presence of: Lessee: Name: Name: Florida Power & Light Company, a Florida corporation By: Name: Timothy Oliver Title: Vice President of Corporate Real Estate ACKNOWLEDGEMENT STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) On this day of , 20 , before me, the undersigned notary public, personally appeared Timothy Oliver, as Vice President of Corporate Real Estate of Florida Power & Light Company, a Florida corporation, personally known to me to be the person who subscribed to the foregoing instrument or who has produced as identification, and acknowledged that he executed the same on behalf of said corporation and that he was duly authorized so to do. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA Exhibit E Page 105 of 555 LO LO LO 0 S O ¢ 2 n � � } : \ .� \ } a a \ , } } 50 0 0 E : E E : \ : LO LO LO 0 S O ¢ 2 n � qlm 6q. Lpi r LJ vl A � •1 U In co LO LO LO 4- 0 co O N O1 I a ek ki Lr) Lr) Lr) 0 m O ¢ 2 n � I ek a N Lr) Lr) Lr) 0 O ¢ 2 n � � I � t I m LO LO LO 0 ¢ 2 n � M CONSENTAGENDA 6/6/2017 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R17-053 - Approve and authorize the City Manager to sign the Mutual Aid Agreement between the City and Phillips and Jordan for hurricane/disaster debris removal as provided for under the Solid Waste Authority's Mutual Aid Agreement No 17-204B with the same terms and conditions. Contract Period: May 8, 2017 - May 7, 2022 EXPLANATION OF REQUEST. The Solid Waste Authority approved an Agreement with Phillips and Jordan to provide Hurricane/Disaster Debris Removal, Reduction and Disposal. Article 34 of the Agreement states, "The CONTRACTOR agrees that this Agreement constitutes an offer to all State Agencies and Political Subdivisions of the State of Florida under the same terms and conditions, for the same prices and for the same effective period as specified in this Agreement; should the CONTRACTOR deem it in the best interest of their business to do so. As a result, Phillips and Jordan have offered the City of Boynton Beach, Florida to enter into an exclusive agreement as allowed in Article 34. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Entering into this Agreement is imperative in order to avoid delays should there be a hurricane/disaster/emergency situation. FISCAL IMPACT: Non -budgeted Debris removal expenditures are eligible for reimbursement from FEMA. ALTERNATIVES: The City could issue its own bid for these services but based on current time of year we would run the risk of delay in having a contract in place for these services in the event of an emergency. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Grant Amount: Page 112 of 555 CONTRACTS VENDOR NAME: Phillips and Jordan, Inc. START DATE: 5/8/2017 END DATE: 5/8/2022 CONTRACT VALUE: MINORITYOWNED CONTRACTOR?: No EXTENSION AVAILABLE?: Yes EXTENSION EXPLANATION: Term of Agreement shall be for a five (5) year period, unless otherwise terminated as provided herein. The AUTHORITY shall have the option of extending the Agreement for one (1) additional one (1) year period at the same terms and conditions with approval from the AUTHORITY's Governing Board. ATTACHMENTS: Type D Addendum D Addendum REVIEWERS: Department Public Works Finance Legal City Manager Description Resolution approving Agreement with Phillips and Jordan for debris removal Phillips & Jordan ® Mutal Aid Agreement Phillips and Jordan Agreement with SWA Reviewer Action Date Livergood, Jeffrey Approved 5/22/2017 ® 1:40 PIM Howard, Tim Approved 5/30/2017 ® 5:46 PIM Swanson, Lynn Approved 6/1/2017 ® 10:16 AM LaVerriere, Lori Approved 6/1/2017 ® 4:41 PIM Page 113 of 555 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. R17 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE PIGGY -BACK OF SOLID WASTE AUTHORITY'S MUTUAL AID AGREEMENT NO. 17-204B FOR HURRICANE/DISASTER DEBRIS REMOVAL, REDUCTION AND DISPOSAL WITH PHILLIPS AND JORDAN AND AUTHORIZING THE CITY MANAGER TO SIGN THE AGREEMENT; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Solid Waste Authority approved an Agreement (No. 17-20413) with Phillips and Jordan, Inc., to provide for Hurricane/Disaster Debris Removal, Reduction and Disposal for a period of five (5) years from May 8, 2017 to May 7, 2022. WHEREAS, pursuant to Article 34 of that Agreement it states, "The Contractor agrees that this Agreement constitutes an offer to all State Agencies and Political Subdivisions of the State of Florida under the same terms and conditions, for the same prices and for the same effective period as specified in this Agreement; should the Contractor deem it in the best interest of their business to do so."; and WHEREAS, upon recommendation of staff, the City Commission has determined that it is in the best interests of the residents of the City to approve piggy -backing a five (5) year Agreement between the Solid Waste Authority and Phillips and Jordan, Inc., for Hurricane/Disaster Debris Removal, Reduction and Disposal and to authorize the City Manager to sign a Mutual Aid Agreement with Phillips and Jordan, Inc.. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and C:AProgram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\D08069B5-9BAC-412C-996F-13C1A9FF3C7A\Boynton Beach. 5669.1. Phillips Jordan_Debris_Removal_(2017_5_Yr)_-_Reso.Doc Page 114 of 555 1 incorporated herein by this reference. 2 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 3 approves piggy -backing a five (5) year Agreement between Solid Waste Authority and 4 Phillips and Jordan, Inc., for Hurricane/Disaster Debris Removal, Reduction and Disposal 5 commencing May 8, 2017 through May 7, 2022. 6 Section 3. The City Manager is authorized to sign the Agreement with Phillips 7 and Jordan, Inc, a copy of which is attached hereto as Exhibit "A". 8 Section 4. That this Resolution shall become effective immediately. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 PASSED AND ADOPTED this day of , 2017. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Justin Katz Commissioner — Mack McCray Commissioner — Christina L. Romelus Commissioner — Joe Casello ATTEST: Judith A. Pyle, CMC City Clerk VOTE YES NO C:AProgram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\D08069B5-9BAC-412C-996F-13C1A9FF3C7A\Boynton Beach. 5669.1. Phillips Jordan_Debris_Removal_(2017_5_Yr)_-_Reso.Doc Page 115 of 555 (Corporate Seal) C:AProgram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\D08069B5-9BAC-412C-996F-13C1A9FF3C7A\Boynton Beach. 5669.1. Phillips Jordan_Debris_Removal_(2017_5_Yr)_-_Reso.Doc Page 116 of 555 May 19, 2017 City of Boynton Beach 222 NE 9th Ave Boynton Beach, FL 33425-0310 RE: Mutual Aid Agreement for Hurricane/Disaster Debris Removal, Reduction and Disposal between Solid Waste Authority of Palm Beach County, and Phillips and Jordan, Inc. Phillips and Jordan, Inc. (P&J) and the Solid Waste Authority of Palm Beach County have executed an Agreement for Hurricane/Disaster Debris Removal, Reduction and Disposal, Agreement No. 17-204B, effective August May 8, 2017, through May 7, 2022. Article 34 (Agreements with other Government Entities) of Agreement No. 17-204B states: The CONTRACTOR agrees that this Agreement constitutes an offer to all State Agencies and Political Subdivisions of the State of Florida under the same terms and conditions, for the same prices and for the same effective period as specified in this Agreement; should the CONTRACTOR deem it in the best interest of their business to do so. The Agreement in no way restricts or interferes with any State Agency or Political Subdivision of the State of Florida from re -solicitation. I would like to offer to the City of Boynton Beach, Fla., to enter into this exclusive agreement with Phillips & Jordan, Inc. per Article 34 of Agreement No. 17-204B. This offer is made at the same terms and conditions stated in the referenced agreement. Please return one fully executed original letter upon acceptance. Sincerely, PHILLIPS & JORDAN, INC. Signature Dudley Orr /Vice President Printed Name/ Title Date ACCEPTED: CITY OF BOYNTON BEACH Signature Printed Name/ Title � 94EW m b NOffrHJOG RO MST PALM BEACd� �-\� S- 2 Page 118 0 555 ARTICLE PAGE AgmmentNo. 17 - Page 119 of 555 AR71CLE ENE Agreement.o. ... ®.... -ffi...... ........ ...R.n............ .®.n.e..®.®......®g...b........ ®......®...®..m..®.®.1 Agmement '.1 Page 120 of 555 I EmArownedd PolioyAct(NEPA),............g. 1 ® Amerbens Wh Usabliftu........ —..................................... 13 Tlb M, Tftb M I and olher FecbraI Lms & RsqWdm&.......n............®............. „....... —...1 49. ConAct Labor Pmhbllm................ ... --- .... .................... ®... -................... 13 Agreement.o. ... ®.... -ffi...... ........ ...R.n............ .®.n.e..®.®......®g...b........ ®......®...®..m..®.®.1 Agmement '.1 Page 120 of 555 r r The eftdw date of lhis Agreernentshel ba May 8. 2017 threugh May 8 p 2022. LOW ARTICLE 3 - COMPENSATION Page 121 of 555 32 Payment «°» CONTRACTOR om » H va : »<y « eontheAUTHORITY : b ,»�: . � .�a«»reimbursed <: ^_`:< w«?«: « << Management « tf«c< PaymentCONTRACTOR <�<TR«:»a&ws ym: L1 fbr any work dc,<by the A «<zw<§%V«%dw\y Federal and « <»«m 2>«%a2\afor reimbursement Each Individual lawlee shall bedu and payable 2«« «:».2 £©mom<dy y wa» »«e?T© «Lshall «»: be delivered :«z«>°a \ 3 CONTRACTOR halt' Wish AUTHORITY <xycas of Insurance which shell «©© a provision<d policy cancellation, ».�«:wcl�»»««&v«;r:,Qw «<w»«ry: \\y«day writlen noticeh ^been made \}\ AUTHORITY. 4.4 CONTRACTOR NTRACT R shall Include AUTHORITY as an additional insured on lhe General Llablilly, Excess » ?» t«�yzC<d»>:a: :\ w/ %%.:« CONTRACTOR'S ©:�. :e «?t. 2.z. con « < s 2 4 :Ded o e <,>» R « d w ; �aand CONTRACTOR General LiabiltyInsuranoe polkles. Agreement No.17 .2, Page 122 0 555 4b In the event Q2 n.z<« used by te CONTRACTOR do not have ? w +°» or do W meet 2: «wc>«\\ CONTRACTOR J:%2»2°x: a m <heALMH «« « zzl»«<: � . excessofthe sub-conimcbrs Insuiarcecoverage. ARTICLE 5 - STANDARD OF CARE 5.1 CONTRACTOR < «l:xei:« he s e degme of care, skill, and 2;: icer :4 + «?< 2< of <x SerAces \: Is :&Lady pruided by a comparable professlorel %w1 « «» cimumsiances 2* CONTRACTOR shall, at no»addifionalcs to \2z?/\\\«»!y < serkes serewhichy 4 sad* «zlbregolng dandaid of cam. 62 The CONTRACTOR « m»z>:t«.»«<« shallbe perWried by sidled ,o mpellent personnel »: highest w»z«w<Y2ar§n tve« Ag moment .17 , . Page 123 0 555 Page 124 0 555 ARTICLE ! . MM ^\d<y<\/� e, madial61 \amil Staws, sexual \/\\\:disability, or gander Weni exprecolon. Agreement .17 . . Page 125 0 555 -WAIVERARTICLE 19 ysubsequentlieftift. ARTICLE 20 - SEVERABILIT'Y 20A The lamift, Illegally, or unembrceabifty of any proAsion of Us Agreemente occunuce of any event rendering any portion or provWon of this Agreement void, shall In no wmy effwt the on1bicesiblilly of any other porUDn or prcMilon of the Agreement My void pro*Ion shall be dwned sevamd from ft Agreement and the Wance of tire Agreement shall be consbued end enibiced aB U to Agreement 1not containthe ree jo rabirn the Agreement iD replace any t2:- f ., tcamshat as claw 20.2 The piovilsions of this section shell rut provant the �. possible to the Inlent of the stricken pia"on. Y_ which Is of the esunce of the Agreement be detemined tD be void. i ARTICLE 24 - CONTINGENT FEES Page 126 of 555 Agmement No. WOO -• - Page 127 of 555 REMANDER OF PAGE NTENTIONALL LEFT BLANK Agmment .17 ,«. Page 128 0 555 al ' 29.1 Any nDft demand, communication,or mqued required .. permitted hereunder shall be In wftV and delivered In pown or sent by cedled mal, poop pqWd as Ulm: III .. I ht I # ei ft; rr" mB Page 129 of 555 Agreement No. 1 a1 Page 130 of 555 AgmmentNo. -1- Page 131 of 555 t+ ,+ 1 a t + i i Ct 7 : T17+i� + 7 a r R,« ++ 1, -tin U7 --lill lilt; t M,711 CONTRACTORi-74JTUBLjT�71 7 -1 - shall, on + i basis,t pWnent oeftallons, Includinga ceftellon regarding their truth and accuracy, tr all payments it Is seeldng and card1cations from all subooinbactoirs Indicating Mo has been paid and how. The cerflAcallons shall comply with all Federal and State requImments regarding the repordrig of DBE partiolpalbri. The CONTRACTOR shall, If requind by the AUT HORIT Y or FDOT, r9poirt Its DBE parficostion monthly on the Equal Opportunity Reporting System localed on + t Department of :++ a l !• woMtg bund at the AUTHORITY, FDOT or FEMA regaiding th �tro ` ARTICLEREGARDINGSUSPENSIONE DBARM EMT 43.1 This Agreement Is a covered transaction br purposes of 49 CFR Part 29. AccordIngIX the CONTRACTOR shall verify that neither the CONTRACTOR, nor Its principals, as defined at 49 CFR 29M, or affillales, as dellned at49 CFR 20.905, are wicluded ordisqualiffed fmm parlicipallon in this Agreement as defined at 49 CFR 29.940 and 29M. I&AM ill 1401 lit, r.W. I IF7.:In 111054T. 717#7 7,7141,511,51 75w 77 iT 77 VI *1t;T.1jf.V1 GTAJ841 f -V MT 7=77-17 Agreement No. 17-204B 012 Page 132 of 555 s Agmement.1 -1 - Page 133 of 555 Abut colpme ec I powmw Seat) Name: Me: Approwd by Autho* Board an Apfll- 12,2017, llsm No. 5.H m Page 134 of 555 S OPE OF WORK TT< 2. INTRDDLICTION Agreement No. G Page 135 of 555 WRK OBJECrIVE ») 2Qm62« 6 S; CL2««<4ad d «» \2 1Q,2 2C«wJ. Page 136 0 555 51111!#£< » wMilli «»ill FIT!III III 11 1 k, The CONTRACTOR W. "p 2 c < conWwsnt area an> «r+<- Q2 «Hw < 2«w» Mlwred toaTon« ,T. ?«c®ww§t�y«.�z»»�=«:+•z<rz , «e:::cya� alble reddimlal gaillnge Will becolecledL£-H0RlTY ©hadez22,£E be cullwted or transporbd by CONT RACTIOR forces. Agreement No. 17-21340. -!7- Page 137 0 555 SCOPE OF WORK OVERMEW ® f `� � i �•, qtr ,, ,. � � t t ,�, ., � 4 Page 138 of 555 » 2??E2r§«?622J� 36 » « min shall«<s>.t»c?. m a:<©<2<t»<.�<... y �:� yy,m»av«« he cost of the mablename, fuel,repairs, ov ed,profit wy /t, and all o6wr«<< associated whth equipment InclSy labor and ope :t 9. <CONTRACTOR: 2 +«4 » »mis :««a»+,«..< * tmmo %% \\} shall\oAd \_ rand «» a<necessaryt fully :� »! + . � �. %\\ and mahlain (Irduding iml, oll,ga3 >.W«: S eqdpmad under this \.mw < : ac »m»22» 2?0f -1 Page 139 0 555 I. ftrk mayinckids: 1�1 No.5.122 Houdy Rate asedraq Agmement 17-204B Page 140 of 555 ACfeement No. 17-204B .2',Z Page 141 of 555 6.1.6 Equipment Signage . Jzv.. a.., ... Imes, Placards mustramain®:n boM «.. of equWant 5.15 Other Considerofims t The CONTRACTORshall be a.a:<§ for »control of z»mw, and vehicular tralk Ingo work area. x;.y:a: one tag person should be posted « each approach « the Work Agreement No.!Z . . Page 142 0 555 Agreement ®1 r 5.2.2.1 site sewpokeperalon Page 143 of 555 i B The Y plans louse. < 2 al Temporary 2 2 .§ approved r � :<»:,� <?�2 . < y<a ±:z= ��..�� AUTHOMY EmeWncy Mana t: CDorcinefor mud :a«J «w improwma* begins an: ,hrthan : �:« Fee Schedule,Exhibit : that might been negobledm>t 2a« Order documented for payment 52.3 Reporting ContalDes««J . ?on:2§692» D .cumulativeyur 2per 2:<*z : y:\o 2 : Cw 2?..§ .. Volumes:«<Em»» > : . <. operation 2 ° © «:? y?« audit <a<e� ®:©,«� �« 9;;t« m : » subject »° .��� \ In�\. .2/\»^»�^ wCONTRACTOR t /:m«:a: own In 2 2< «l »=r=n of tW Agreement No.17 - 4. Page 144 0 555 rez w .. «w»«l 3a ill t� :E. . m S!3«mw 2«t» v»� Rrr .x<. , 2222uk».C<%&:£»»<Qwt?<<«,r«m«e,zw:ft 1. Q 4<("s andm:< yards) 2- Owner Intrivalon 3. 8b where mulch\ ©ConlUDemollon debris Isdi©<z Include addmvLGPS . . ANSCIELLANEDUS REQUIREMENTS j Temporary DennisSite E « The Temporary »z%J<«« m.rs beanemployee d»< CONTRACTOR and ,mv® 6< 9 apex« » o z: »§ \ \dry §v cont ?2 2 »:management � _ . control, segregation of<«»y«r » «n% <»» 22 y:z« S +« Agreement «] 4 . . Page 145 0 555 �. 62 TeffWary Debris Silo L ?rTemporarya.»« . .+ya : «. « :.. d « for »>. and »» w.« G equonent<d labor fi\::: the dally operational report 112 theAUT H y»:Ern, an\ 2 «<Co.d ?<<«ddy.». 63 Tonqxrary Debris Ste Monagernont Plan a. Once the Tompomryas Site. Identiffed z»« AUTHORITY, the CTRA «J. Silo Managment Plan. al Inspection Tower 6.5 GrindingOperation 6.6 Houseltold Hazardous Waste| ! kea Agreement No. 17-2 « Ile, «r\/ be Page 146 0 555 S ire s� t� r• + r B. The Emergericy Manegement Coordimillor or designee may levy administrative charges ter the Jbilowng t +.p of allier being tasiked by 2. Closura S Temporary equomentor operational failures liquidated damages S each , £site must remain C. Failure back-up grinders vAllhin 24 hours of equoent bresWown+ ailed damages of $2,000 per hour per approved grinding hours 0. CONTRACTOR may also be subject to non-payment and IMuldaled damages of $200 for .n of the falloft 1. Failure to provide audit quality Inbrmation by 5:00 p.m. of the IblWn9 day otoptrad0n. 2. Loads not properlytarped or otherwile covered. 3. MWng debriss sources 4. MIAngtagelationdebriewfilIC&Dmallerial. E. CONTRACTOR maybe i ielelylerminated and not cold ter the ii a Coordinator or dedgme tr review. The Emergency Management Coordinator or destnee shall complete review and make detanninatori Whin three (3) calandsr days. Weldne of the Emergency Manegament Coordinator or designee shall be final. Agreement No.1 7 - Page 147 of 555 VOL N E BASM MCING FOR 3,000,000 CUBIC YARD (CY) DEBRIS DIVISTER UNIT P9 I and Hadina tj a deakmsW Tamporary Dabda SH& B. Consbw1on Debds / Mixed Dobda 2.0 Temporary Debris Site opwalon tD krJude Mwanent of moniforIng IDws, porlsble Web, keephg on -9119 and I mads ave clean of tash and gffbap, dabdo Lr4aw wcepknoe. & management and phase I mdamelon. 3.0 Ptooming of deft throLgh gdrdirg and/or choping, 4.0 Loadng, hadirg and dspaslng wwd chos to final dednaft. ('Mis rate indudes c1spowl coo Wiume nWwlon 1hrough alrcurWn Inalnerelon, g a ng of codo t I d0le'anc0bor m dAbrb tw Teinpomry Do" sib b a permiNd C&D recydkV WNW or any alher desonabd Disposal FwAIV. fftdsrm sW not 1wfude c9sposal caso. Ufts fmm TDRS to flaaf desWmWon — I AvERAGE (Rom 6.0 ArE) x 5DOWO CY TOTAL PRICE (bms 1.0 - 4.0; 6.0) Unit Prices, unless o6verMas Indicalled, shall liclude all labor (oprallors, laborers, supeNsors) and materials InclWirg but n\\ice to., supoies, equiprientmaintmence, repairs, repair parls, fuds,lubricants, cellular phones, transportation, and housing, N requlied, nam a» W accarnplah the project The quantities and diftutions are admated. Lowdons of eltes, debris quanfts, desfinallons, mWal denalfts, et. my dffer subsiantlally in an w2» «»»:r Assumptions: 3AOO,000 cubb yards of debris consisling of 2,50D,000 cubic yards of vagetation debris and 500,000 cubla yards of mbed dabrie. Agreement No. 17-204B :2 - Page 148 0 555 PhElps md Jortim, bc. EXHIffr B HOLIRLY RUES DEBpjs MANAamw Sff E SET-UP ME CLOSURE AND DEMS CLMMCE FOR AccEss - OMNAL USE By Coumy Am arHER Gove=EwAL EmmiEs EqUFMW Aw LAwR RATES 0 RLY Ur: __T'0_URLY --Tc-rrAL EQuipmwTYPE ff EQUIPMENT :!RA:T LABOR HOURLY E RATE RATE BobcatLoader 0 .90 Ur—ew —ForweenvO CdI Phom and Pickup $900 Domr, T D5 or sknilar 110. Dozer, Trwked, DS or shilar $130.06 Domr, Tracked, D7 or, shiler 1 1 40 Dozer, Trwked, D8 or "Wr $180M NOW DunpTrdek, 6040 G and Ugh WUM — Gmderw/1781ade $Box 0.0 $1304D Hythulic Excawbr, 1.5 CY $90-00 MOW $1304D Hydraulic Ecavebr, 2.5 CY $11U $400 $1MOD Knualdeboom Lmder 18040 Opemlons Maim9ervd CdI Phom and Pblup $15DO $60A$962 FIcWjpTnck,.5Tcn $15DO — $15-00 Soil Cornpaclor8l HP+ $80.00 $400 $1201.00 Soil Compactr Io 80 HP $70M $40DO $110 WI CompwturJovLed Urdt $40.00 SOX $80,00 Tnck, Fktvd __f4_6:0_0 WbbrTiuck $50DO Neel Loader, 2.5 CY, 950 or similar $80DO Wheel Loader, 3.0 CY, 966 or shr $IOOJM $400 $140.OD WIWI Loaler, 4.5 CY, 960 or similar$140.00 $40DO $180-00 Wool LwJer-ftfte, 14-1 A CY .00 $40DO $12040 Agreement No. 170413 -29- Page 149 of 555 €t® ps and Jordan, Inc. EKHlW B ITEM Mmmus Srump „ s Aug rr UNrr CosT 1 6 ItO dimmlar12 irch d WneW Stu, M P $150M 13 Irch dknobr to 24 Irchl'n r Stump $275M 3 25 Irch dinetar tD 48 1wh daneler M , 4 49 Irch diameter and grealer, Skimp J5 mpF11 Dirt 1 dirttr sWmp hdes ffter removal CY USX i th 1t r !:%nr Tme PTrw —4 a 25 l r i p 949 Inch $85 0 40 The AUTHOWY reserves 1he right to use this contractl it Cluanifies of debris mwvd, as disaster amt Omtif fir `M—ALmdswize. Ttisdisaster event that produces small quanddes of debris. The above daily rob shall incivide all samdeled cost (dImPt labor, overhead, prolt supenision, , Agreement No.1 Page 150 of 555 Page 151 of 555 Page 152 of 555 f � r Solidthou Palm and Dlspml Page 153 of 555 WAMMMM SITE LOCATION "' Bond f Palm Bewh Aggmgabs fmSo0eBoulead appraftebV4 miles BelleO end offtst Canal Shat SDuth Belle Glade WW f Jog Road on the soudi side of ForeSt Hill Baulewrd Clwbe Park amoss from the OWMWee PPA Cnm SWW Landil Me RoM, Mat Fly f lis � Hig w ' i mmmxFA side � f Nell South Dyer Landfill b Road mmmmmxmmm,uamwwmuwwwwwwww+awwwwwwaTx>+xmmmmmmmxmmmmmm, rammmmmmmxmmmum g mmmmmmmmmmm6mimpmmmmmmmwxnTwmo+xm[[mmmmmmSmmmHmmmmmxmmmmmmextmmmmmmmr qp G South @ of and 4411 f V f wwww,wrowwwwwwianromwwwwmmmw7a7a7a wwwwwwxxwwwwww arummmmmmmxmmMmwmtwwwwwwraroxmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmw+nww 1 mile nordi of Norlhiake Bouleerd on the f Serninde Praft Wiitiey Take G led9s Road wedof 441 appmxkpaWy Regglonal Park 2 miss ndamsa f*A and luin norlh lo the site .,..,..,..,, romrowroxxxmtm+ammaro�remunmmm.�wnmamnmxmmmmmmmmmmmmmmmmmmmmmm mx�y+un�m'mmmm�m'rcypww,sam *x*xwwu�®wawm�� *nTMma �� °+'n"m"x"x "x"x"x"x"a"a^a � "'* €� � Pdwb Sties used In lhe past Solidthou Palm and Dlspml Page 153 of 555 —SOUD WASTE AUTHORITY OF PALM BEACW CGUNrY 7501 Wrihtg Road West Palm B=h, Flodda 33412 Teleptone: 561-6010 ,*Fax: 561 TASKORDER DISASTER w E TO— Task Order No. In aDcordbrice Wth ,.- r) w7but wM ft Sdid 14asb Authadly of Florida,ITY) Agmwient No, 17-2D48 br I rr . a -' Debds Removal, RwIeflon, ard Dispial dabd the MAHORrY hereby reqissls and autiodms the wVces b be pedormed on the projwtask . Project: Spedle Work to be per r m Duraft otWork Orrckdo Start , End r 6 Maftd of Paymmt. EdmeW Costof1his Task Orrl r: or 'fit° g au,vm ,wm„m�m�mavr mg 1 FIDRIrY Signature: SVIk RequesbrAWIbr,, SM Dept n VerWor .: Amunt No.: AC reement No. 1 swpt El 0 Page 154 of 555 REHMMMM MoblizaWnTm* OWerb meettm pmgiese pWiam setbdow. Agreement No. 17-2040 -35- Page 155 of 555 cat8gary 1 a 2 cry 4 Calagory 5 Wthin 24 hours 40% 0% 15% Win 48 hours Min 72 tours 100% 75% 50% 45% Othin 96 hours 100% In 7 days 90% 80% Wthin 10 d 100% 90% Min 14 dap 100% Agreement No. 17-2040 -35- Page 155 of 555 Page 156 of 555 THS CONDIIMN OF THIS BOND is M if 1. Perbrms the Agnment HuntawMahr Debds Rawyal, Reftlen and Mopoed, Agreermt No. 17 -MB, Me Agreernent belng made a pad of this bond by rebrerce, M the I= and in Me manner mewribed In the Agrewent and; In Swthn 25&05(1)pai labor,wh mabrials and supplWs, used directly or lndirwfly b I in the proswulon of the wrk progded br In the Agreement II Inckiding appeleb promdIngs, sustainsAdhaft ult by PdnclpW under the Agmernmt and', w fit completion of d work covared by Agreement and Mral Payment by Authorfty tD P and Payment Bond, to be heW by tie AAodty as a guawbSIp p Perlornrce and Payment Bond In the amount f a 1, f a subaquent Task Surety Agreement s Page 157 of 555 My changes in or under tis Agmement DmnenIs wW camplance or nonoaWkirce Wth any brmelftm connected Wth the Agmemnt or the changge does not affect SureWs obligaton under this bond. Any Increm h the tbl Agmament mmount as authofted by the Aulhoft shall woorcIngly Increm 1he Sun* obligedon by ft some Mar amunt of 3dd kcrease. CONTRACTOR shall be responsible for ncAkadon la WWI of all such clonpo. So subsw1m (2) of Secdm 255.05, Flodde SbAuM as amended for 1he noke and Vme lknb#Dns for claknants. Signed and mWed this_ dayof 20—. PRINCIPAL; BY Tebphana! Agreement No. 17-2D48 Page 158 of 555 Page 159 of 555 6.C. CONSENTAGENDA 6/6/2017 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R17-054 - Approve and authorize the City Manager to sign an End User Professional Services Agreement with Thompson Consulting Services for debris monitoring services. Contract Period: May 8, 2017 through May 7, 2022 EXPLANATION OF REQUEST: Thompson Consulting Services, will provide temporary debris site monitors on behalf of the City of Boynton Beach after a hurricane to observe debris unloading operations at the Solid Waste Authority's temporary debris sites related to storm debris. The Thompson Consulting Services will calibrate debris vehicle load determinations to eliminate discrepancies and will ensure reimbursement capabilities with FEMA after a hurricane event. Attached is the Agreement for Disaster Debris Management and Support Services between the Solid Waste Authority of Palm Beach County and Thompson Consulting Services. Article 34.1 The CONSULTANT agrees that this Agreement constitutes an offer to all State Agencies and Political Subdivisions of the State of Florida under the same terms and conditions, for the same prices and for the same effective period as specified in this Agreement; should the CONSULTANT deem it in the best interest of their business to do so. Also attached is the correspondence from Thompson Consulting Services offering the City of Boynton Beach, FL the same scope of work, terms, conditions and pricing that are found in Agreement No 17-205 between Thompson Consulting Services and the Solid Waste Authority of Palm Beach County to provide Disaster Debris Management along with an end use agreement. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Due to the critical nature of this service, it is imperative to have a contract in place in the event of a hurricane/disaster/emergency situation. Professional monitoring is critical to ensure FEMA reimbursement. FISCAL IMPACT: Non -budgeted Debris monitoring expenditures are eligible for reimbursement from FEMA. Utilizing this contract greatly improves the full reimbursement allowed under FEMA rules for disaster generated material. ALTERNATIVES: Not to piggy -back this contract. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Page 160 of 555 Is this a grant? No Grant Amount: CONTRACTS VENDOR NAME: Thompson Consulting Services, LLC START DATE: 5/8/2017 END DATE: 5/7/2020 CONTRACT VALUE: MINORITYOWNED CONTRACTOR?: No EXTENSION AVAILABLE?: Yes EXTENSION EXPLANATION: Term of Agreement shall be for a five (5) year period, unless otherwise terminated as provided herein. The AUTHORITY shall have the option of extending the Agreement for one (1) additional one (1) year period at the same terms and conditions with approval from the AUTHORITY's Governing Board. ATTACHMENTS: Type D Addendum D Addendum D Addendum REVIEWERS: Department Public Works Finance Legal City Manager Description Resolution approving the End User Professional Senuices Agreement with Thompson Consulting Services for debris monitoring services Thompson Consulting - End User Agreement Thompson Consulting - Purchasing Agreement Thompson Consulting Senuices Agreement Reviewer Action Date Livergood, Jeffrey Approved 5/22/2017 ® 1:42 PIM Howard, Tim Approved 5/30/2017 ® 5:56 PIM Swanson, Lynn Approved 5/31/2017 ® 4:50 PIM LaVerriere, Lori Approved 6/1/2017 ® 4:42 PIM Page 161 of 555 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 RESOLUTION NO. R17 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING A FIVE (5) YEAR PIGGY -BACK OF THE CONTRACT BETWEEN THE SOLID WASTE AUTHORITY OF PALM BEACH COUNTY AND THOMPSON CONSULTING SERVICES, LLC., FOR DISASTER DEBRIS MANAGEMENT AND SUPPORT SERVICES PROVIDED BY THOMPSON CONSULTING SERVICES LLC; AUTHORIZING THE CITY MANAGER TO ENTER INTO AN END USER PROFESSIONAL SERVICES AGREEMENT IN THE EVENT OF AN EMERGENCY BEGINNING JUNE 6, 2017 THROUGH MAY 7, 2022; PROVIDING AN EFFECTIVE DATE. WHEREAS, Thompson Consulting Services will provide temporary debris site monitors on behalf of the City of Boynton Beach after a hurricane to observe debris unloading operations at the Solid Waste Authority's temporary debris sites related to storm debris; and WHEREAS, the Solid Waste Authority of Palm Beach County approved an Agreement (No. 17-205) with Thompson Consulting Services, LLC., to provide disaster debris management for a period of five (5) years from the date approved by the City Commission to May 7, 2022. WHEREAS, upon recommendation of staff, the City Commission has determined that it is in the best interests of the residents of the City to approve a five (5) year End User Professional Services Agreement with Thompson Consulting Services, LLC, to provide disaster debris monitoring services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and C:AProgram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\FF8A1101-7187-40B5-B1D8-D93F12B8A2C7\Boynton Beach. 5665.1. Thompson_Consulting_ Debris_Monitoring_-_Reso. Doc Page 162 of 555 1 incorporated herein by this reference. 2 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 3 approves a five (5) year End User Professional Services Agreement with Thompson 4 Consulting Services, LLC., based on piggy -backing an agreement with the Solid Waste 5 Authority's Agreement with Thompson for disaster debris monitoring commencing June 6, 6 2017 to May 7, 2022, a copy of which is attached hereto as Exhibit "A". 7 Section 3. The City Manager is authorized to execute the End User Professional 8 Services Agreement with Thompson Consulting Services, LLC. 9 Section 4. That this Resolution shall become effective immediately. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 PASSED AND ADOPTED this day of , 2017. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Justin Katz Commissioner — Mack McCray Commissioner — Christina L. Romelus Commissioner — Joe Casello ATTEST: Judith A. Pyle, CMC City Clerk (Corporate Seal) VOTE YES NO C:AProgram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\FF8A1101-7187-40B5-B1D8-D93F12B8A2C7\Boynton Beach. 5665.1. Thompson_Consulting_ Debris_Monitoring_-_Reso. Doc Page 163 of 555 End User Professional Services Agreement General Terms and Conditions This End User Professional Services Agreement ("Agreement") is dated May 9, 2017 by and between Thompson Consulting Services, LLC (hereinafter referenced as "Consultant"), with offices at 1135 Townpark Avenue, Suite 2101, Lake Mary, FL 32746 and the City of Boynton Beach (hereinafter referenced as "Client" or "End User"), a political subdivision of the State of Florida, with offices at 100 East Boynton Beach Boulevard, Boynton Beach, FL, Whereas, Consultant has entered into an agreement for Disaster Debris Management and Support Services (Agreement Number 17- 205) effective as of May 8, 2017 — May 7, 2022 with the Solid Waste Authority of Palm Beach County (hereinafter referred to as "Authority Contract'' and attached as Exhibit A), Whereas, the Authority Contract acknowledges that the End User may enter into an agreement with the Consultant through the Authority Contract, Whereas, Client desires to be an End User under the Authority Contract, Whereas, both parties hereby agree to be bound to the terms and conditions of the Authority Contract, Now therefore, in consideration of the mutual covenants to be performed by the parties pursuant to this Agreement, each party hereby represents, warrants, and agrees as follows: 1. TERM & APPLICABILITY The term of this Agreement shall mirror the remaining term of the Authority Contract from the date first above written. This Agreement shall apply to all work performed at the request of the Client or for the benefit of the Client during the term hereof (the "Work") unless both parties agree in writing that the terms and conditions hereof shall not apply. 2. SCOPE OF WORK Consultant shall perform such Work as the Client may direct from time to time during the term hereof following the issuance of a Notice to Proceed and in accordance with Exhibit A attached hereto. 3. STANDARD OF CARE Consultant will perform services under this Agreement with the degree of skill and diligence normally practiced by professional consultants performing the same or similar services. No other warranty or guarantee, expressed or implied, is made with respect to the services furnished under this Agreement and all implied warranties are disclaimed. 4. CHANGES/AMENDMENTS This Agreement and its exhibits constitute the entire agreement between the Parties and together with its exhibits supersede any prior written or oral agreements. This Agreement may not be changed except by written amendment signed by both Parties. The estimate of the level of effort, schedule, and payment required to complete any services directed by the Client will be dictated through a written task order executed by both parties. Consultant shall promptly notify Client if changes to the Scope of Services or any resulting task orders affect the schedule, level of effort, or payment to Consultant and the schedule and payment shall be equitably adjusted. 5. FEE FOR SERVICES The fee for the services under this Agreement will be based on the actual hours of services furnished multiplied by Consultant's Billing Rates as set forth in the Authority Contract. Consultant's rates are subject to annual Consumer Price Index (CPI) escalations on the annual anniversary of the execution date of the Agreement upon mutual written agreement by each party. 6. PAYMENT Client shall pay Consultant for services furnished under this Agreement upon submission of monthly invoices. Client shall pay Consultant within thirty (30) days of receipt of invoices less any disputed amounts. If Client disputes any portion of the invoice, the undisputed portion will be paid and Consultant will be notified in writing, within ten (10) days of receipt of the invoice of the exceptions taken. Consultant and Client will attempt to resolve the payment dispute within sixty (60) days or the matter may be submitted to arbitration as provided herein. Additional charges for interest shall become due and payable at a rate of one and one-half percent (1-1/2%) per month (or the maximum percentage allowed by law) on the unpaid, undisputed invoiced amounts. Any interest charges due from Client on past due invoices are outside any amounts otherwise due under this Agreement. If Client fails to pay undisputed invoiced amounts within sixty (60) days after delivery of invoice, Consultant, at its sole discretion, may suspend services hereunder or may initiate collections proceedings, without incurring any liability or waiving any right established hereunder or by law. WORK PRODUCT Client shall have the unrestricted right to use the documents, analyses and other data prepared by Consultant under this Agreement ('Work Products'), provided, however Client shall not rely on or use the Work Products for any purpose other than the purposes under this Agreement and the Work Products shall not be changed without the prior written approval of Consultant. If Client releases the Work Products to a third party without Consultant's prior written consent, or changes or uses the Work Products other than as intended hereunder, (a) Client does so at its sole risk and discretion, (b) Consultant shall not be liable for any claims or damages resulting from the change or use or connected with the release or any third party's use of the Work Products and (c) Client shall indemnify, defend and hold Consultant harmless from any and all claims or damages related to the release, change or reuse. 8. INFORMATION PROVIDED BY OTHERS Client shall provide to Consultant in a timely manner any information Consultant indicates is needed to perform the services hereunder. Consultant may rely on the accuracy of information provided by Client and its representatives. 9. SAFETY AND SECURITY Consultant has established and maintains programs and procedures for the safety of its employees. Unless specifically included as a service to be provided under this Agreement, Consultant specifically disclaims Page 1 of 26 MoRjage 49,a�5JJ End User Professional Services Agreement General Terms and Conditions any County or responsibility for job site safety (including, but not limited to, any supervision of operations of others, training, audit or observation of safety programs of others) and safety of persons other than Consultant's employees. Client acknowledges that Consultant has no responsibility under this Agreement related to site security or the assessment, evaluation, review, testing, maintenance, operation or safety practices or procedures related to security or safety. 10. TERMINATION Either party may terminate this Agreement upon thirty (30) days prior written notice to the other party. Client shall pay Consultant for all services rendered to the date of termination plus reasonable expenses for winding down the services. If either party defaults in its obligations hereunder, the non -defaulting party, after giving thirty (30) days written notice of its intention to terminate or suspend performance under this Agreement, may, if cure of the default is not commenced and diligently continued, terminate this Agreement or suspend performance under this Agreement. Upon termination, the terms and conditions found in this Agreement concerning ongoing or future obligations and contractual responsibilities and interpretation thereof shall survive its termination, including but not limited to those obligations found in sections 3, 6, 7, & 8. 11. ASSIGNMENT This Agreement is binding upon and will inure to the benefit of Client and Consultant and their respective successors and assigns. Neither party may assign its rights or obligations hereunder without the prior written consent of the other party. 12. NOTICES Any notice required or permitted by this Agreement to be given shall be deemed to have been duly given if in writing and delivered personally or five (5) days after mailing by first-class, registered, or certified mail, return receipt requested, postage prepaid and addressed as follows: Client: Attention: Address: Consultant: Thompson Consulting Services, LLC Attention: Nate Counsell, Vice President Address: 1135 Townpark Avenue Suite 2101 Lake Mary, FL 32746 13. MISCELLANEOUS A. If any provision of this Agreement is invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect and the provision declared invalid or unenforceable shall continue as to other circumstances. B. This Agreement may be executed in multiple counterparts, each of which shall be deemed to be an original instrument, but all of which taken together shall constitute one instrument. [REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLAND Page 2 of 26 MoRjageO59,a 5555 End User Professional Services Agreement General Terms and Conditions IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers or representatives. THOMPSON CONSULTING SERVICES, LLC CITY OF BOYNTON BEACH, FLORIDA By: By: Name: Nate CounseIl Name: Title: Date Vice President May 19, 2017 Title: Date Please return executed copy of these terms and conditions to the attention of: Kyle Hoyle khoyle(a.)thompsoncs.net — Email (407) 792-0018 — Phone Page 3 of 26 MoftgevA2 36P,a�BJJ End User Professional Services Agreement General Terms and Conditions EXHIBIT A Page 4 of 26 moRjageO79cff9555 AGREEMENT FOR DISASTER DEBRIS MANAGEMENT AND SUPPORT SERVICES BETWEEN SOLID WASTE AUTHORITY OF PALM BEACH COUNTY W X THOMPSON CONSULTING SERVICES AGREEMENT NO. 17-205 SOLID WASTE AUTHORITY OF PALM BEACH COUNTY 7501 NORTH JOG ROAD WEST PALM BEACH, FLORIDA 33412 TABLE OF CONTENTS ARTICLE PAGE 1. Effective Date.. . ................. ...... ........................ ___ ... ............ ., .,.........1 2. Services to be Performed by Consultant. ....,,,., ....... _..............1 3. Compensation ................ ......... ......... ........... ......... ......... ...........1 4. Insurance ..................................... ......... _.,,. 2 5. Standard of Care ..................... ............... .... .................. ................................ 3 6. Indemnification,, .............. ......... ......... ......... ....... .,...3 7. Independent Consultant...............................................................................3 8. Authority to Practice....... ...... ... .... ............. ...... ...................... ,..,.,,..,,3 9. Compliance with Laws ................. ......... ......... ......... ........, .......,...4 10. Sub -Consultant.. ...... ____ ..... .................................. ,.4 11. Federal and State Taxes ,,,,, ,,,,,,,,, ........, ....4 12. Availability of Funds .............. ......... ,... ........, ,...,....,.4 13. Authority's Responsibilities ......... ............... ...................... ,..,,,,.,.4 14. Default.... ............... ............. ....... „_ .,...........,.,. ...,...., ,,,........ .........4 15. Termination for Convenience.... .. ...................... ......... .,.... ..........4 16. Uncontrollable Forces .... .......... .......... .......... ........ ,,................. .,.,5 17. Remedies ......... ...................... ......... ................... ......... ....... __5 18. Non -Discrimination ............ ....... .......... .,,, .,,.,,... ......... .......,.,...,,,,,....,5 19. Waiver_ . ..... .................... ....... ............. .,,............. ....... ...,.,,., .,....,.,.5 20. Severability ....................... ........................ ......... ......... _........ .........6 21 Entirety of Agreement ..... ...................... ......... ......... .......................6 22. Modification..................................................................................................6 23. Successors and Assigns .............................. ......... .......... ........6 24. Contingent Fees ...... ,..... ........... ..._ ... ......... ......... ...... , ........,,_6 25. Truth -in -Negotiation Certificate .,. .................... ......... .............6 26 Ownership of Documents ......................... ......... .........7 27. Public Records, Access and Audits..............................................................7 28. Office of Inspector General..........................................................................8 29. Notice ................. ......... ....... .................................... ..........9 30. Contract Administration.. .......... ..................... ......... ...,,,9 31. Key Personnel., ....... .... _........ ......... ......... ................... .,,,,.___ ,... 9 32. Small Business Enterprise (SBE) .......... ........ .......... ......, ,,.,..,,,10 33. Scrutinized Companies .......,.,.._....... ..... . ......................... .... . .........10 34. Agreements with other Governmental Entities...........................................10 35. Third Party Beneficiary Disclaimer ...................... ............... ............. ,.......... 10 36. Buy America Requirements........................................................................10 37. Disadvantaged Business Enterprises.........................................................10 38. Certification Regarding Suspension and Debarment ......... ........ ................ 11 39. Access to Records and their Retention ................ .................... ............. .,,,.11 40. Audit Requirements....................................................................................12 41. National Environmental Policy Act (NEPA),, ...... ...... ......... ....... 12 42. Americans with Disabilities Act...................................................................12 43. Compliance with Title VI, Title VII and other Federal Laws & Regulations..... . .......... ......... ........ ......,.,12 44. Convict Labor Prohibition...........................................................................12 Agreement Execution.................................................................................13 EXHIBITS A. Scope of Work ............................. ... ........ .......... ,.,...,...,..,,....14 B. Fee Schedule.... .... __ ........... .... ,,............................. ,,, ..,.,.,..18 C. SBE Plan..........................................................................................,,...,....,19 D. Buy America Requirements........................................................................20 Agreement No. 17-205 DISASTER DEBRIS MANAGEMENT AND SUPPORT SERVICES AGREEMENT No. 17-205 This Agreement is made and entered into as of May 8, 2017 by and between Solid Waste Authority of Palm Beach County, a special district created by Chapter 2001-331, Laws of Florida, as amended, (hereinafter referred to as AUTHORITY) and Thompson Consulting Services, LLC (hereinafter referred to as CONSULTANT), a Delaware Limited Liability Company, whose Federal Employer ID Number is 45-2015453: Whereas, in accordance with the AUTHORITY'S Request for Proposal No. 17-205/SLB, solicited to employ the services of the CONSULTANT for the purpose of providing Disaster Debris Management and Support Services, and, Whereas, CONSULTANT represents it is capable and prepared to provide such services. Now, therefore, in consideration of the promises contained herein, the parties hereto agree as follows: ARTICLE 1 - EFFECTIVE DATE The effective date of this Agreement shall be May 8, 2017 through May 7, 2022. Term of Agreement shall be for a five (5) year period, unless otherwise terminated as provided herein. The AUTHORITY shall have the option of extending the Agreement for one (1) additional year, as approved by the AUTHORITY, at the same terms and conditions. Extension of the Agreement beyond the initial period, and any option subsequently exercised, is an AUTHORITY prerogative, and not a right of the CONSULTANT. This prerogative will be exercised only when such continuation is clearly in the best interest of the AUTHORITY. Such extension shall be in the form of a written Amendment to the Agreement executed by both parties. ARTICLE 2 - SERVICES TO BE PERFORMED BY CONSULTANT CONSULTANT shall perform the services as specifically stated in the Scope of Work, attached hereto and made a part hereof as Exhibit A, and/or as may be specifically designated and authorized by the AUTHORITY. Such authorizations will be referred to as Task Orders. Each Task Order shall set forth the specific services required, the amount of compensation, and the completion date. In addition the CONSULTANT may employ the use of sub- consultant(s) whose services are necessary to the CONSULTANT in the provision of services and upon specific approval in an individual Task Order. In such case the sub -consultant, the specific services to be performed and his/her compensation (including a not -to -exceed amount) shall be identified as part of the Task Order ARTICLE 3 - COMPENSATION 3.1 The AUTHORITY shall pay CONSULTANT in accordance with the Fee Schedule, attached hereto and made a part hereof as Exhibit B. 3.2 In addition, the parties may negotiate a lump sum or not -to -exceed amount on a per -project basis on an individual Task Order. Invoices must reference the current Agreement or Task Order number (if any) along with the assigned purchase order number. 3.3 CONSULTANT shall submit a monthly invoice for services rendered. Invoices shall include a statement of progress made regarding the project, a description of services rendered and a breakdown of hours spent on the project. There shall be no reimbursable expenses allowable. Aqreement No. 17-205 - 1 - Page 7 of 2b Page 170 of 555 3.4 Payment of invoices shall be due and payable thirty (30) days after receipt of a correct, fully documented invoice. All invoices shall be delivered to: Solid Waste Authority of Palm Beach County 7501 North Jog Road West Palm Beach, Florida 33412 Attention: Accounts Payable, c/o Mary Schultz 3.5 CONSULTANT will clearly mark its final/last billing with the words "Final Invoice". This will certify that all services have been fully performed under this Agreement and that all charges and costs have been invoiced to the AUTHORITY. Thereupon, this account will be closed and any additional charges or costs, not included in the final invoice, shall be waived by CONSULTANT. ARTICLE 4 - INSURANCE 4.1 During the performance of the Services under this Agreement, CONSULTANT shall maintain the following insurance policies, and be written by an insurance company authorized to do business in Florida. General Liability Insurance with bodily injury limits of not less than $2,000,000 for each occurrence, and with property damage limits of not less than $2,000,000 for each occurrence. 2. Automobile Liability Insurance with bodily injury limits of not less than $1,000,000 for each person and not less than $1,000,000 for each accident and with property damage limits of not less than $1,000,000 for each accident. 3. Workers' Compensation Insurance in accordance with statutory requirements and Employer's Liability Insurance with limits of not less than $1,000,000 for each accident, $1,000,000 for each disease, and $1,000,000 aggregate. 4. Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate. 4.2 Deductible amounts shall not exceed 5% of the total amount of required insurance in each category. Should any policy contain any unusual exclusions, said exclusions shall be so indicated on the certificate(s) of insurance. 4.3 CONSULTANT shall furnish AUTHORITY certificates of insurance which shall include a provision that policy cancellation, non -renewal or reduction of coverage will not be effective until at least thirty (30) days written notice has been made to the AUTHORITY. CONSULTANT shall include AUTHORITY as an additional insured on all liability insurance policies required by the Agreement. All of CONSULTANT'S sub -consultants shall be required to include AUTHORITY and CONSULTANT as additional insured on all of their liability insurance policies. 4.4 CONSULTANT'S naming of the AUTHORITY as an additional insured on all of its liability insurance policies pursuant to this Agreement shall afford coverage only for the grossly negligent and willful acts of CONSULTANT pursuant to this Agreement and is limited to the terms and conditions of indemnity provisions in the Agreement. Notwithstanding anything herein to the contrary, CONSULTANT shall in no way be responsible for the defense or indemnity of matters arising or resulting from the AUTHORITY'S negligence, errors or omissions or willful misconduct. 4.5 In the event that sub -consultants used by the CONSULTANT do not have insurance, or do not meet the insurance limits, CONSULTANT shall indemnify and hold harmless the AUTHORITY for any claim in excess of the sub -consultants insurance coverage. Agreement No. 17-205 2 55 4.6 The CONSULTANT shall not commence work under this Agreement until all insurance required as stated herein has been obtained and such insurance has been approved by the AUTHORITY. ARTICLE 5 - STANDARD OF CARE 5.1 CONSULTANT shall exercise the same degree of care, skill, and diligence in the performance of the Services as is ordinarily provided by a comparable professional under similar circumstances and CONSULTANT shall, at no additional cost to AUTHORITY, re -perform services which fail to satisfy the foregoing standard of care. 5.2 The CONSULTANT warrants that all services shall be performed by skilled and competent personnel to the highest professional standards in the field. ARTICLE 6 - INDEMNIFICATION 6.1 GENERAL Having considered the risks and potential liabilities that may exist during the performance of the services and in consideration of the promises included herein, AUTHORITY and CONSULTANT agree to allocate such liabilities in accordance with this Article 6. 6.2 INDEMNIFICATION The CONSULTANT shall indemnify and hold harmless the AUTHORITY, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the CONSULTANT and other persons employed or utilized by the CONSULTANT in the performance of the Agreement. 6.3 SURVIVAL Upon completion of all services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive. ARTICLE 7 - INDEPENDENT CONSULTANT 7.1 The CONSULTANT is, and shall be, in the performance of all work services and activities under this Agreement, an Independent Consultant, and not an employee, agent, or servant of the AUTHORITY. All persons engaged in any of the work or services performed pursuant to this 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 AUTHORITY shall be that of an Independent Consultant and not as employees or agents of the AUTHORITY. 7.2 The CONSULTANT does not have the power or authority to bind the AUTHORITY in any promise, agreement or representation other than specifically provided for in this Agreement. 7.3 The CONSULTANT shall not pledge the AUTHORITY'S credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien or any form of indebtedness. The CONSULTANT further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. ARTICLE 8 - AUTHORITY TO PRACTICE The CONSULTANT hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct its business, and that it will at all times conduct its business activities in a reputable manner. Agreement No. 17-205 - 3 - of 55 ARTICLE 9 - COMPLIANCE WITH LAWS In performance of the Services, CONSULTANT will comply with applicable regulatory requirements including federal, state, special district, and local laws, rules, regulations, orders, codes, criteria and standards. ARTICLE 10 - SUB -CONSULTANT 10.1 The AUTHORITY reserves the right to accept the use of a sub -consultant or to reject the selection of a particular sub -consultant under this Agreement. 10.2 If a sub -consultant fails to perform or make progress, as required by this Agreement, and it is necessary to replace the sub -consultant to complete the work in a timely fashion, the CONSULTANT shall promptly do so, subject to acceptance of the new sub -consultant by the AUTHORITY. ARTICLE 11 -FEDERAL AND STATE TAXES The AUTHORITY is exempt from Federal Tax and State Sales and Use Taxes. Upon request, the AUTHORITY will provide an exemption certificate to CONSULTANT. The CONSULTANT shall not be exempted from paying sales tax to its suppliers for materials to fulfill contractual obligations with the AUTHORITY, nor shall the CONSULTANT be authorized to use the AUTHORITY'S Tax Exemption Number in securing such materials. ARTICLE 12 - AVAILABILITY OF FUNDS The obligations of the AUTHORITY under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of the Solid Waste Authority of Palm Beach County. ARTICLE 13 - AUTHORITY'S RESPONSIBILITIES AUTHORITY shall be responsible for providing access to all project sites, and providing information on hand required by CONSULTANT, including; existing reports, studies, financial information, and other required data that are available in the files of the AUTHORITY. ARTICLE 14 - DEFAULT 14.1 The AUTHORITY may, by written notice of default to the CONSULTANT, terminate the Agreement in whole or in part if the CONSULTANT 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 non-performance, or does not remedy such failure within a period of ten (10) days (or such period as the Director of Purchasing Services may authorize in writing) after receipt of notice from the Director of Purchasing Services specifying such failure. In the event the AUTHORITY terminates this Agreement in whole or in part because of default of the CONSULTANT, the AUTHORITY may procure goods and/or services similar to those terminated, and the CONSULTANT shall be liable for any excess costs incurred due to this action. 14.2 If it is determined that the CONSULTANT was not in default or that the default was excusable (e.g., failure due to causes beyond the control of, or without the fault or negligence of, the CONSULTANT), the rights and obligations of the parties shall be those provided in Article 15 — Termination for Convenience. ARTICLE 15 - TERMINATION FOR CONVENIENCE 15.1 The Director of Purchasing Services may, whenever the interests of the AUTHORITY so require, terminate the Agreement, in whole or in part, for the convenience of the AUTHORITY. The Director of Purchasing Services shall give five (5) days prior written notice of termination to the CONSULTANT, specifying the Agreement No. 17-205 - 4 - 10 of 26 Page 173 of 55 portions of the Agreement to be terminated and when the termination is to become effective. If only portions of the Agreement are terminated, the CONSULTANT has the right to withdraw, without adverse action, from the entire Agreement. 15.2 Unless directed differently in the Notice of Termination, the CONSULTANT shall incur no further obligations in connection with the terminated work, and shall stop work to the extent specified and on the date given in the Notice of Termination. Additionally, unless directed differently, the successful CONSULTANT shall terminate outstanding orders and/or subcontracts related to the terminated work. 15.3 Unless the CONSULTANT is in breach of this Agreement, the CONSULTANT shall be paid for services rendered to the AUTHORITY'S satisfaction through the date of termination. ARTICLE 16 - UNCONTROLLABLE FORCES 16.1 Neither the AUTHORITY nor CONSULTANT shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non-performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 16.2 Neither party shall, however, be excused from performance if nonperformance is due to forces which are preventable, removable, or remediable and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. ARTICLE 17 —REMEDIES This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement shall be in a State court of competent jurisdiction located in Palm Beach County. With the exception of the choice of law and venue provisions contained herein, no remedy conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. ARTICLE 18 - NON-DISCRIMINATION The CONSULTANT assures and certifies that it shall comply with Title VII of the Civil Rights Act of 1964, as amended, and shall not discriminate against any individual on the basis of their race, color, national origin, religion, ancestry, sex, age, marital status, familial status, sexual orientation, disability, or gender identity or expression. ARTICLE 19 - WAIVER A waiver by either AUTHORITY or CONSULTANT of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. Agreement No. 17-205 5 - 74 of 55 ARTICLE 20 - SEVERABILITY 20.1 The invalidity, illegality, or unenforceability of any provision of this Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void, shall in no way affect the validity or enforceability of any other portion or provision of the Agreement. Any void provision shall be deemed severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. The parties further agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 20.2 The provisions of this section shall not prevent the entire Agreement from being void should a provision which is of the essence of the Agreement be determined to be void. ARTICLE 21 - ENTIRETY OF AGREEMENT The AUTHORITY and the CONSULTANT agree that this Agreement sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. This Agreement supersedes all prior agreements, contracts, proposals, representations, negotiations, letters or other communications between the AUTHORITY and CONSULTANT pertaining to the Services, whether written or oral. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered except by written instrument executed by the parties hereto. ARTICLE 22 - MODIFICATION The Agreement may not be modified unless such modifications are evidenced in writing signed by both AUTHORITY and CONSULTANT. Such modifications shall be in the form of a written Amendment executed by both parties. ARTICLE 23 - SUCCESSORS AND ASSIGNS AUTHORITY and CONSULTANT each binds itself and its partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, executors, administrators, assigns, and legal representatives. CONSULTANT shall not assign this Agreement without the express written approval of the AUTHORITY via executed amendment. ARTICLE 24 - CONTINGENT FEES The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. ARTICLE 25 - TRUTH -IN -NEGOTIATION CERTIFICATE 25.1 Execution of this Agreement by the CONSULTANT shall act as the execution of a truth -in -negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement are accurate, complete, and current as of the date of the Agreement. 25.2 The said rates and costs shall be adjusted to exclude any significant sums should the AUTHORITY determine that the rates and costs were increased due to inaccurate, incomplete or noncurrent wage rates or due to inaccurate representations of fees paid to outside consultants. The AUTHORITY shall exercise its rights under this "Certificate" within one (1) year following payment. Agreement No. 17-205 -6- 12 6- 12 of 26 Pae 175 of 55 ARTICLE 26 - OWNERSHIP OF DOCUMENTS CONSULTANT shall be required to cooperate with other consultants relative to providing information requested in a timely manner and in the specified form. Any and all documents, records, disks, original drawings, or other information shall become the property of the AUTHORITY for its use and/or distribution as may be deemed appropriate by the AUTHORITY. ARTICLE 27 - PUBLIC RECORDS, ACCESS AND AUDITS 27.1 It is the intent of this Article to maintain compliance with the Florida Public Records Law, Ch. 119, Florida Statutes, as amended effective July 1, 2016. 27.2 DESIGNATED RECORDS CUSTODIAN CONTACT INFORMATION: RECORDS MANAGER SOLID WASTE AUTHORITY OF PALM BEACH COUNTY 7501 NORTH JOG ROAD WEST PALM BEACH, FL. 33412 561-640-4000 EXT. 4210 RECORDS CUSTODIAN@SWA.ORG 27.3 The CONSULTANT shall maintain records related to all charges, expenses, and costs incurred in estimating and performing the work, in accordance with the timeframes and classifications for records retention as per the General Records Schedule GS1-SL for State and Local Government Agencies (see: htt ://dos. dos. state.fl.us/fibra -archives/records-mann emend eneral-records-schedules/ after completion or termination of this Contract. The AUTHORITY shall have access to such records as required in this section for the purpose of inspection or audit during normal business hours, at the CONSULTANT'S place of business. 27.4 Notwithstanding anything herein to the contrary, the CONSULTANT expressly acknowledges that: i) it is providing a specific service to the AUTHORITY in the performance of this Contract; ii) acting on behalf of the AUTHORITY in the performance of this Contract; iii) that it has read and is familiar with the Florida Public Records Law, Ch. 119, Florida Statutes, as amended, and both understand its responsibility and obligation to comply with this law; and iv) to the extent any question(s) arise regarding its duties to produce public records, it shall contact the Records Manager with same. 27.5 Any public records requests directed to, or related in any way to this contract shall be directed solely to the Records Manager. If the requested records are not in the possession of the Records Manager they shall immediately notify the CONSULTANT and the CONSULTANT must provide the records or allow access to the records within a reasonable time. A CONSULTANT who fails to provide the records to the public agency within a reasonable time may be subject to penalties under Florida Statutes (F.S) §119.10, and §119.10(2) provides that a person who willfully and knowingly violates the Public Records Act commits a misdemeanor of the first degree, which is punishable by up to a year in jail and a fine not to exceed $1,000. 27.6 Therefore, the CONSULTANT is required to: 1) maintain public records that ordinarily and necessarily would be required by the AUTHORITY in order to perform the service; 2) provide the public with access to public records on the same terms and conditions that the AUTHORITY would provide the records and at a cost that does not exceed the cost provided by Florida law; Agreement No. 17-205 -7, of 55 3) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and 4) meet all requirements for retaining public records and transfer, at no cost to the AUTHORITY, all public records in possession of the CONSULTANT upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. When requested by the AUTHORITY, either during performance of the contract or after termination or completion of the contract, all records stored electronically must be provided to the AUTHORITY in a format that is compatible with the information technology systems of the AUTHORITY. 27.7 Failure of the CONSULTANT to comply with these requirements shall be a material breach of this Contract. 27.8 CONSULTANT shall maintain financial and program records to justify all charges and costs incurred in performing the work for at least three (3) years following final payment by the AUTHORITY as Federal Emergency Management Agency sub -grantee as required by 2 CFR 200.333. The AUTHORITY shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit 27.9 In the event records retention requirements in Florida Statutes Chapter 119 and 257 exceed those of FEMA, the records shall be retained to comply with State of Florida requirements. ARTICLE 28 — OFFICE OF INSPECTOR GENERAL Palm Beach County has established the Office of the Inspector General (OIG), Ordinance No. 2009-049 which is authorized and empowered to review past, present and proposed county contracts, transactions, accounts and records. The AUTHORITY has entered into an Interlocal Agreement (ILA) for Inspector General Services. This agreement provides for the Inspector General to provide services to the AUTHORITY in accordance with the authority, functions and powers set out in the Palm Beach County Office of Inspector General Ordinance. All parties doing business with the AUTHORITY and receiving AUTHORITY funds shall fully cooperate with the Inspector General including providing access to records relating to this agreement. The Inspector General has the power to subpoena witnesses, administer oaths, require the production of records, and audit, investigate, monitor, and inspect the activities of the CONSULTANT, its officers, agents, employees, and lobbyists in order to ensure compliance with contract specifications and detect corruption and fraud. Failure to cooperate with the Inspector General or interference or impeding any investigation shall be in violation of Ordinance 2009-049, and punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Agreement No. 17-205 - 8, Pagel 77 of 55 ARTICLE 29 - NOTICE Any notice, demand, communication, or request required or permitted hereunder shall be in writing and delivered in person or sent by certified mail, postage prepaid as follows: AS TO AUTHORITY Solid Waste Authority of Palm Beach County 7501 North Jog Road West Palm Beach, Florida 33412 Attention: Mark Eyeington, Chief Operations Officer Office No.: 561-640-4000 Ext. 4513 Fax No.: 561-640-3400 E -Mail: meveington@swa.org 11 AS TO CONSULTANT Thompson Consulting Services, LLC 1135 Townpark Avenue, Suite 2101 Lake Mary, Florida 32746 Attention: Jon Hoyle, President Office No.: 407-792-0018 Fax No.: 407-878-7858 E -Mail: ihoyle@thompsoncs.net Notices shall be effective when received at the addresses as specified above. Changes in the respective addresses to which such notice is to be directed may be made from time to time by either party by written notice to the other party. Facsimile transmission is acceptable notice effective when received, however, facsimile transmissions received (i.e.; printed) after 5:00 p.m. or on weekends or holidays, will be deemed received on the next business day. The original of the notice must additionally be mailed as required herein. Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of CONSULTANT and AUTHORITY. ARTICLE 30 - CONTRACT ADMINISTRATION Services of CONSULTANT shall be under the general direction of Mark Eyeington, Chief Operations Officer or his or her successor, who shall act as the AUTHORITY'S representative during the term of the Agreement. ARTICLE 31 - KEY PERSONNEL CONSULTANT shall notify AUTHORITY in the event of key personnel changes which might affect this Agreement. Notification shall be made within ten (10) days of said changes. AUTHORITY has the right to reject proposed changes in key personnel. The following personnel shall be considered key personnel: Nate Counsell, Vice President Office No.: 407-792-0018 Cell No.: 407-619-2781 E -Mail: ncounsell@thompsopncs.net Jon Hoyle, President Office No.: 407-792-0018 Cell No.: 321-303-2543 E -Mail: ihoyle@thompsoncs.net Eric Harrison, Debris Operations Practice Manager Office No.: 407-792-0018 Cell No.: 407-312-1670 E -Mail: eharrison@thompsoncs.net Agreement No. 17-205 - 9 - ARTICLE 32 - SMALL BUSINESS ENTERPRISE (SBE) The Governing Board of the AUTHORITY has set 15% as the AUTHORITY'S goal for small business participation in contracts and purchases. CONSULTANT'S submitted Plan showing how he/she will assist the AUTHORITY in achieving this goal is incorporated into this Agreement as Exhibit C. The AUTHORITY will require periodic documentary proof, acceptable to the AUTHORITY, of the implementation, progress, and final outcome of the proposed Plan. Failure to implement the Plan, or achieve reasonable interim progress, or achieve the final goal reflected in the Plan, may be considered by the AUTHORITY as failure to perform a material provision of this Agreement. ARTICLE 33 - SCRUTINIZED COMPANIES As provided in F.S. 287.135, by entering into any Agreement with the AUTHORITY, or performing any work in furtherance hereof, CONSULTANT hereby certifies that CONSULTANT and CONSULTANT'S affiliates, suppliers, sub -contractors, contractors or agents of any type whatsoever who will perform hereunder, have not been placed on the Scrutinized Companies With Activities in Sudan List or Scrutinized Companies With Activities in The Iran Petroleum Energy Sector List created pursuant to F.S. 215.473. If the AUTHORITY determines, using credible information available to the public, that a false certification has been submitted by CONSULTANT, this CONSULTANT may be terminated and a civil penalty equal to the greater of $2 million or twice the amount of this Agreement shall be imposed, pursuant to F.S. 287.135. ARTICLE 34 - AGREEMENTS WITH OTHER GOVERNMENTAL ENTITIES 34.1 The CONSULTANT agrees that this Agreement constitutes an offer to all State Agencies and Political Subdivisions of the State of Florida under the same terms and conditions, for the same prices and for the same effective period as specified in this Agreement; should the CONSULTANT deem it in the best interest of their business to do so. 34.2 The Agreement in no way restricts or interferes with any State Agency or Political Subdivision of the State of Florida from re -solicitation. ARTICLE 35 — THIRD PARTY BENEFICIARY DISCLAIMER It is not the intention of this contract to create third party beneficiary status in any person or entity that is not a direct party to the contract awarded as a result of being the successful CONSULTANT, and no language in the contract should be construed or interpreted as creating a third party beneficiary. ARTICLE 36 - BUY AMERICA REQUIREMENTS The CONSULTANT agrees to comply with the requirements of the Federal Buy America law (See 23 U.S.C. 313, ISTEA Sections 1041(a) and 1048(a), as they may be amended from time to time), as they relate to Federal -aid contracts and the use of steel and iron produced in the United States. A description of the requirements of Buy America is set forth in Exhibit D, which is attached hereto and incorporated by reference as part of this Agreement. CONSULTANT shall provide a certification statement regarding the origin of all materials or products covered under the Buy America provisions and used in its performance of the Agreement in accordance with the requirements of law and the AUTHORITY, FDOT, and FEMA, to the extent applicable. ARTICLE 37 - DISADVANTAGED BUSINESS ENTERPRISES 37.1 The Agreement is subject to the requirements of 49 CFR Part 26. The CONSULTANT shall not discriminate on the basis of race, color, national origin, or sex in the performance of the Agreement. The CONSULTANT shall carry out the applicable requirements of 49 CFR Part 26 in the award and administration of this U.S. DOT -assisted contract. Failure by the CONSULTANT to carry out these requirements is a material breach of Agreement, which may result in the termination of this Agreement or such other remedy as the Agreement No. 17-205 _10- AUTHORITY deems appropriate, including but not limited to the withholding of payments. Each subcontract the CONSULTANT signs with a sub -consultant must include the assurance in this paragraph. (See 49 CFR 26.13.) Upon request, the CONSULTANT will provide the AUTHORITY with a copy of each subcontract it enters into. 37.2 The CONSULTANT is required to pay its sub -consultants performing work related to this Agreement for satisfactory performance of that work no later than thirty (30) days after the CONSULTANT'S receipt of payment for that work from the AUTHORITY. The CONSULTANT may not hold any retainage from its sub - consultants unless pursuant to an agreement approved by the AUTHORITY. The CONSULTANT shall return all retainage payments withheld within thirty (30) days after the sub -consultant's work has been satisfactorily completed. 37.3 The CONSULTANT shall, on a monthly basis, submit payment certifications, including a certification regarding their truth and accuracy, for all payments it is seeking and certifications from all sub -consultants indicating who has been paid and how. The certifications shall comply with all Federal and State requirements regarding the reporting of DBE participation. The CONSULTANT shall, if required by the AUTHORITY or FDOT, report its DBE participation monthly on the Equal Opportunity Reporting System located on the Florida Department of Transportation's (FDOT) website found at www.dot.state.fl.us/eaualopportunityoffice. Audits may be conducted to review payments to DBE sub - consultants. The CONSULTANT will fully cooperate with the AUTHORITY, FDOT or FEMA regarding the monitoring of sub -consultants and payments made thereto. ARTICLE 38 - CERTIFICATION REGARDING SUSPENSION AND DEBARMENT 38.1 This Agreement is a covered transaction for purposes of 49 CFR Part 29. Accordingly, the CONSULTANT shall verify that neither the CONSULTANT, nor its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified from participation in this Agreement as defined at 49 CFR 29.940 and 29.945. 38.2 The CONSULTANT agrees to comply with the requirements of 49 CFR 29, Subpart C throughout the term of this Agreement. The CONSULTANT must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. CONSULTANT'S certification is a material representation of fact relied upon by the AUTHORITY. If it is later determined that the CONSULTANT knowingly rendered an erroneous certification, in addition to remedies available to the AUTHORITY, the State or Federal Government may pursue any available remedies, including but not limited to suspension and/or debarment. The CONSULTANT further agrees that it will include a provision requiring such compliance in all of its subcontracts or lower tier covered transactions. ARTICLE 39 - ACCESS TO RECORDS AND THEIR RETENTION 39.1 This provision shall supplement Article 27 of the Agreement. The CONSULTANT shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing the Agreement for at least five (5) years after completion or termination of this Agreement or FDOT's closure of an "emergency event" with the Florida Division of Emergency Management, whichever comes last, except in the event of litigation or settlement of claims arising from the performance of the Agreement, the CONSULTANT agrees to maintain said records until all litigation, claims, appeals or exceptions related thereto have been resolved. The records shall be maintained at a location in Palm Beach County, Florida or such other location in Florida approved by the AUTHORITY. 39.2 The CONSULTANT shall make all of its books, records, and other documents related, in any manner to its or its sub -consultants' performance of the Agreement, available to the AUTHORITY and any other funding entity (e.g., FDOT, FEMA, the Comptroller General of the U.S. or any of their authorized representatives) for the purpose of examination, audit, reproduction, excerpts and transcripts, during normal business hours, at Agreement No. 17-205 - 11 - Page 180 of 55 the CONSULTANT'S place of business or if CONSULTANT'S place of business is not located in Palm Beach County, then at the location for maintenance of records referenced above. The CONSULTANT shall also require its sub -consultants to make their books, records and documents available for examination, audit, reproduction, excerpts, and transcripts, for the same duration and in the same manner, and at or near the same locations required herein of CONSULTANT. ARTICLE 40- AUDIT REQUIREMENTS This provision shall supplement Article 27 of the Agreement. The CONSULTANT agrees that audits may be undertaken of its records related to its performance of the Agreement as may be authorized or required under OMB Circular A-133, as revised. The CONSULTANT agrees that it will comply and fully cooperate with the AUTHORITY and any State and/or Federal funding agency(ies), including but not limited to FDOT, Florida's Auditor General, FEMA, or any of their authorized representatives, in any audit or monitoring procedures or processes any such entity(ies) may undertake related to CONSULTANT'S performance of the Agreement. ARTICLE 41 - NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) The CONSULTANT shall cooperate with the AUTHORITY, FDOT, and FEMA so as to assure that all activities related to the performance of this Agreement comply with the requirements of the National NEPA of 1969, as amended, and the regulations and guidance related thereto. ARTICLE 42 - AMERICANS WITH DISABILITIES ACT The CONSULTANT does hereby represent and certify that it will comply with all of the requirements of the Americans with Disabilities Act of 1990 (42 USC 12102, et seq.), as it may be amended, and all applicable implementing regulations of the U.S. DOT, FEMA and other Federal -aid agencies. ARTICLE 43 - COMPLIANCE WITH TITLE VI, TITLE VII AND OTHER FEDERAL LAWS AND REGULATIONS The CONSULTANT does hereby represent and certify that it will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 and Title VII of the Civil Rights Act of 1968, as they have been and may be modified from time to time (42 USC 2000d, et seq. and 3601 et.seq.), and the Age Discrimination and Employment Act of 1967 and Section 303 of the Age Discrimination Act of 1975, as amended (42 USC 6102), and all applicable Federal laws and regulations, policies, procedures and directives of the U.S. DOT, FEMA, and/or other Federal -aid agencies, as they may be promulgated and amended from time to time. ARTICLE 44 - CONVICT LABOR PROHIBITION The CONSULTANT does hereby represent and certify that it will comply with the convict labor prohibition in 23 U.S.C. 114, and all implementing regulations thereto. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Agreement No. 17-205 -12- 18 12- ls of 26 Pae 181 of 55 In Witness Whereof, the Solid Waste Authority of Palm Beach County, at a regular meeting thereof, by action of the AUTHORITY Board authorizing and directing the foregoing be adopted, has caused these presents to be signed by its Executive Director, and Thompson Consulting Services has executed this agreement all as of the day and year first above written. Approved as to Form and Legal Sufficiency: Attest: e stat ourrsel to the Authority -0---4y - orporate Secretary Witness: 2. SOLID WASTE AUTHORITY OF PALM BEACH COUNTY: By: Mark Hammond Executive Director THOMPSON CONSULTING SERVICES: By: �.o.n (Corporate Seal) Name: 4 le— Title: �Ires �r�c �► Approved by Authority Board on April 12, 2017, Item No. 5.1 Agreement No. 17-205 Page 19 of 26 -13- Page 182 of 55 1[ SCOPE OF WORK General Requirements EXHIBIT A A. The CONSULTANT is expected to be extremely knowledgeable in Federal Emergency Management Agency (FEMA) and Federal Highway Administration (FHWA) regulations, guidelines and operating policies. The CONSULTANT will support the AUTHORITY during a disaster recovery effort and will be responsible for the overall monitoring of debris collection. The CONSULTANT shall coordinate with the Disaster Debris Removal Contractor(s) and the AUTHORITY to ensure a compliant, well-managed and organized approach to debris collection and disposal within FEMA guidelines. B. The AUTHORITY intends to utilize an automated debris management system (ADMS) and anticipates that the Disaster Debris Removal Contractor(s) will provide vehicle certification placards. C. The AUTHORITY will provide a Field Service Representative for each AUTHORITY'S Franchise Service Area (1-5) to oversee and monitor the collection activity within these service areas and to work directly with the Disaster Debris Removal Contractor(s) and the CONSULTANT to schedule all work. The AUTHORITY will provide temporary debris management sites (DMS). D. The AUTHORITY currently has an Enterprise GIS System which utilizes ESRI's ArcGIS Server, ArcGIS Desktop Advanced, and Microsoft's SQL Server. Data is published to staff and the public using Rolta's Onpoint, which is a thin client for ESRI's ArcServer. E. The AUTHORITY'S Disaster Debris Removal Contractor(s) will provide the manpower and collection equipment in a timely manner to safely remove disaster debris as soon as possible. Additionally, the AUTHORITY'S Disaster Debris Removal Contractor(s) will open and operate DMS and immediately begin processing material on site and begin shipping material to final destination within ten (10) days of opening. F. Task Orders will be issued against the Agreement, as necessary to complete work. What follows is a general description of the work anticipated. 2. Scope of Services A. The scope of services to be provided pursuant to this Agreement includes Project/Operations Management, Collection Monitoring, ADMS, Data Processing and Management, DMS Monitoring, Debris Vehicle Certification, Damage Complaint Tracking, Data Compilation and Reporting, Payment Monitoring and Reconciliation Processing, Reporting and Coordinating with the AUTHORITY'S Project/Operations Manager, and other related services as outlined in this section. B. The AUTHORITY reserves the right to select which specific services the CONSULTANT will provide and to add or delete services throughout the term of any resulting agreement with mutual consent. 2.1 Project/Operations Management CONSULTANT will be responsible for Project/Operations Management of the debris monitoring activities for the AUTHORITY. This responsibility includes providing an experienced Project/Operations Manager, supplying a temporary field office for the monitoring staff, and coordinating and meeting with the AUTHORITY, field staff and contractors. Additionally, CONSULTANT will be responsible for hiring, training, deploying, scheduling and monitoring the activities of its collection monitors. Agreement No. 17-205 -14 - 55 EXHIBIT A 2.2 Collection Monitoring a. The CONSULTANT will be responsible for monitoring and certifying all AUTHORITY'S authorized collection activities. This responsibility includes monitoring and certifying all debris loads to ensure eligibility for federal reimbursement, providing trained collection monitors, exercising quality control over the debris monitoring activity, and providing daily feedback to the AUTHORITY. CONSULTANT shall ensure that all Disaster Debris Removal Contractor(s) loads are correctly captured by their ADMS. b. The CONSULTANT shall photographically document daily collection activities. CONSULTANT shall identify and document all leaners, hangers and stumps and coordinate with federal and state representatives to ensure eligibility and maximum reimbursement. c. Additionally, the CONSULTANT shall coordinate with the AUTHORITY to respond to problems in the field, such as property damage complaints, debris crew issues, other customer complaints, etc. d. CONSULTANT'S staff should be equipped with modern communication equipment. CONSULTANT shall have the ability to maintain shapefiles or geodatabases of collection passes, customer complaints and leaners, hangers and stumps including photos, and to track these issues using a GIS and provide an updated shapefile or geodatabase to the AUTHORITY on an appropriately determined schedule. 2.3 ADMS a. Per FEMA policy document 327 Public Assistance Debris Monitoring Guide, recent advances in automated debris management tracking systems provided real-time, automated tracking and reporting. FEMA embraces technological advancements and recognizes the potential benefits of these automated systems. b. The CONSULTANT shall provide an electronic automated debris management system that shall create load tickets electronically, eliminating the need for written and scanned tickets. The ADMS features shall include, at a minimum, the following: 1. Paperless electronic (handheld device) load ticket generation and data collection; 2. Debris vehicle certification data capture at certification site; 3. Encrypted and secure field data transfer (field to DMS, DMS to server); 4. Accessible secure database for government and Disaster Debris Removal Contractor(s) use. Database will be internet accessible by Disaster Debris Removal Contractor(s), AUTHORITY, State and other public entities on a need to know basis; 5. Minimal manual entry of load ticket data fields (e.g., load call, type of debris); 6. Automation of debris pickup location thru use of GPS technologies; 7. Evaluation of daily event status using web -based reporting and GIS tools; 8. Coordination of Disaster Debris Removal Contractor(s) invoices, FEMA documentation and applicant payment process enabled thru an integrated database management system; 9. CONSUTLANT shall use an ADMS during the performance of services under this agreement for managing the collection, transport, and/or disposal of debris. c. The AUTHORITY has Interlocal Agreements for Disaster Debris Management with municipalities to deliver eligible storm debris to AUTHORITY'S DMS. These municipalities may choose to use the current AUTHORITY'S paper load ticket system. d. The municipalities must submit a legible and complete paper load ticket at the AUTHORITY'S DMS with each load. The AUTHORITY will provide the truck certification, placard, and load tickets for these municipalities. CONSUTLANT will be responsible to enter paper load ticket data. Agreement No. 17-205 - 15 - 184 of 55 EXHIBIT A 2.4 DMS Monitoring The CONSULTANT will provide DMS monitors and spotters to observe and document the unloading, processing and loading of debris in accordance with FEMA requirements and the AUTHORITY'S Debris Management Plan. This responsibility includes estimating the load volume, completing the ADMS load tickets and signing and certifying that the information is complete and accurate. Additional responsibilities include conducting pre -use and post -use environmental monitoring, ensuring that the truck certifications are accurate, ensuring that all collection vehicles are equipped with the necessary safety restraints, coordinating with all federal, state and local agencies, and keeping accurate records. 2.5 Debris Vehicle Certification The CONSULTANT will be responsible for measuring and capturing data elements for each Disaster Debris Removal Contractor(s) vehicle in accordance with FEMA requirements utilizing their ADMS. Additionally, CONSULTANT will take a photograph of each vehicle showing the vehicle number and type of vehicle. CONSULTANT will also perform random verifications once per week at each DMS to ensure that no vehicle modifications have been made. 2.6 Damage Complaint Tracking The CONSULTANT shall assist the AUTHORITY with tracking, managing, reporting and customer follow-up through to resolution of all damage complaints resulting from debris removal activities. The AUTHORITY desires the complaints to be tracked using a GIS including linked photos. 2.7 Data Compilation and Reporting a. The CONSULTANT will be responsible for collecting, auditing for completeness and accuracy, tabulating and organizing debris disposal data and vehicle certifications, project records, photos and manifests, etc., to support federal (FEMA), state and local reimbursements, and subsequent audits. The CONSULTANT will be responsible for providing regular status updates to the AUTHORITY. This reporting will include creating, updating and maintaining a database to include all information on debris removal and disposal, including number of loads and types, vehicle certification, stump, hanger and leaner information and images. All electronic reporting will be provided in a format acceptable to the AUTHORITY and the AUTHORITY shall have access to the database to perform queries and produce reports. The AUTHORITY will require the CONSULTANT to meet minimum standards for the timeliness of data reporting. 2.8 Payment Monitoring and Reconciliation Processing The CONSULTANT will be responsible for reviewing, validating and reconciling Disaster Debris Removal Contractor(s) invoices prior to submission to the AUTHORITY for processing. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Agreement No. 17-205 -16- 22 16- 22 of 26 Page 185 of 55 EXHIBIT A 2.9 Other Related Services Additional services the AUTHORITY desires the CONSULTANT to provide include the following: a. Assistance the AUTHORITY in preparing final reports for reimbursement by FEMA, and other agencies; b. Providing professional oversight to ensure compliance with Florida Department of Environmental Protection (FDEP), Florida Department of Transportation (FDOT), Florida Department of Forestry (DOF), and FEMA regulatory and reporting requirements, as well as any other federal, state, or local regulation applicable to debris management; c. Ensuring that the processing of federal funding is done as expeditiously as possible by taking ownership of the responsibility for ensuring the accuracy of invoices, payroll, monitoring information, reports, ADMS data, vehicle certifications, and operating data; d. Meeting with AUTHORITY'S representatives and the Disaster Debris Removal Contractor(s) daily during disaster event activation. Meeting with the AUTHORITY'S Project Manager or his/her designee at least once per year at no cost to the AUTHORITY prior to hurricane season, and; e. Additional services the AUTHORITY and the CONSULTANT agree to add at a later date. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Agreement No. 17-205 -17- 23 of 26 Pae 186 of 55 EXHIBIT B 11 FEE SCHEDULE ITEM NO/ POSITION DESCRIPTION ESTIMATED ANNUAL HOURS UNIT PRICE PER HOUR EXTENSION 1. Project Office/Principal 200 $89.00 $17,800.00 2. Project Manager 700 $89.00 $62,300.00 3. Operations Manager 1,900 $62.50 $118,750.00 4. FEMA Reimbursement Manager 500 $95.00 $47,500.00 5. Operations Specialist 700 $49.00 $34,300.00 6. Field Supervisor 8,000 $49.00 $392,000.00 7. Engineer/Scientist/Professional 400 $89.00 $35,600.00 8. Environmental Consultant 700 $75.00 $52,500.00 9. Environmental Field Technician 700 $62.50 $43,750.00 10. Data Manager 700 $59.00 $41,300.00 11. GIS Analyst/Specialist 200 $49.00 $9,800.00 12. Administrative Support 1,200 $25.00 $30,000.00 13. DMS Monitor 22,000 $35.00 $770,000.00 14. Field Monitor 43,000 $35.00 $1,505,000.00 15. Call Center Operator 4,300 $25.00 $107,500.00 16. Data Entry Clerk -Paper Ticket 500 $25.00 $12,500.00 TOTAL CONTRACT PRICE (Items 1 -16): $3,280,600.00 Fees shall be fully loaded and include all expenses and equipment, including but not limited to, ADMS, travel related expenses, meal allowances, hotel rooms, and any other relevant out of pocket expenses, as well as vehicles, electronics, communications equipment and any other equipment, facilities, or infrastructure necessary to carry out the task. Agreement No. 17-205 -18- 24 18- 24 of 26 Page 187 of 55 EXHIBIT C SMALL BUSINESS ENTERPRISE (SBE) PLAN The CONSULTANT is committed to the SBE Participation Plan and will make every effort to achieve AUTHORITY'S participation goal in procurement through sub -consulting to SBEs. In response to the Request for Proposals, RFP No. 17-205/SLB, the CONSULTANT provided a list of certified SBE sub -consultant who will be used on this Agreement. The CONSULTANT teamed with CES Consultants, Inc. (CES). CES is SBE certified with the Palm Beach County Office of Small Business Assistance. The CONSULTANT agrees to sub -consult 20% of this Agreement to CES. Agreement No. 17-205 _19 - Page 25 of 26 Page 188 of 55 _____................ EXHIBIT D BUY AMERICA REQUIREMENTS Source of Supply — Steel and Iron (Federal Aid Contracts Only): For Federal -aid contracts, the CONSULTANT will only use steel and iron produced in the United States, in accordance with the buy America provisions of 23 CFR 635.410. CONSULTANT will ensure that all manufacturing processes for these materials occur in the United States. A manufacturing process is any process that modifies the chemical content, physical shape, size or final finish of a product, beginning with the initial melding and mixing and continuing through the bending and coating stages. A manufactured steel or iron product is complete only when all grinding, drilling, welding, finishing and coating have been completed. If a domestic product is taken outside the United States for any process, it becomes foreign source material. When using steel and iron as a component of any manufactured product incorporated into the project (e.g., concrete pipe, pre -stressed beams, corrugated steel pipe, etc.), these same provisions apply, except that the manufacturer may use minimal quantities of foreign steel and iron when the cost of such foreign materials does not exceed 0.1% of the compensation or $2,500, whichever is greater. These requirements are applicable to all steel and iron materials incorporated into the finished work, but are not applicable to steel and iron items that the CONSULTANT uses but does not incorporate into the finished work. The CONSULTANT shall provide a certification from the producer of steel or iron, or any product containing steel or iron as a component, stating that all steel or iron furnished or incorporated into the finished product was manufactured in the United States in accordance with the requirements of this provision. Such certification shall also include: (1) a statement that the product was produced entirely within the United States, or (2) a statement that the product was produced with the United States except for minimal quantities of foreign steel and iron and specify the actual value of the product. Each such certification shall be furnished to the AUTHORITY prior to incorporating the material into the project. When FHWA allows the use of foreign steel on a project, CONSULTANT shall furnish invoices to document the costs of such material, and obtain the AUTHORITY's written approval prior to incorporating the material into the project. Agreement No. 17-205 - 20 - Pa e 26 of 26 Pae 189 Of 55 Brown, Stephanie - — -- ------ ......................... Subject: FW: Thompson Consult' "I'll, �� "I'll ''I'll I'll 1, 1,11000"t 1 17, = ftm: I(Ve Hoyle Sent: Monday, May 22, 2017 1:18 PM fo: Greco-Arencibla, Adrianna Cc: Nathaniel Counsell Subject: Thompson Consulting Services Cooperative Purchasing Authorizatil MiaOMU7 MM WZMMROWTPRT� -N o =Ts i 24, r RAW Support Services. EM=, KYIO Hoyle 11! thlompeon, r,,4F Allmlao Page 190 of 555 t u• F�J' l!] 7501 NORTH JOG ROAD FLORIDA Page 191 of 555 Agreement .17-205 Page 192 of 555 r s I f i Agreement .17-205 Page 192 of 555 DISASTER 3.4 Payment of icorrect,F kWn. All involow aWl be delivered to: t 2. AutomoWle Insurance with bodily Injury Imb of not low than $1,000,000 for each Sr {;�6: thaparzon n $1,000,000for each accident and wlh property damage limb of not k 'j(,',ti t $1,GW,000 for each aocident. 3. ftrS_' Compenudw Insuranceswordam with to f,, requirement3 and i iii , ft Uablifty Insurance wfth limb of not lose than $1,000,000 for each accMent. $1,000,000 for ea& disease,a $1,000,000 aggregate, 4.2 Deductible am,i ',ti 7tsshall notamed5% of the totalamountof requiredIneuranoein each category. Should 5 any policy contain any °its e. ££` said exclusions shall be so Indicated on the oes) 1.l Page 194 of 555 shall4.6 The CONSULTANT not m work under this Apmmrdi all Insurance requiredstated AUTHORITY.herein has been obtained and such Insurance has been approved by the 5 ' tSULTANT sialexercise ft samedo@= kaof cars,and dillpnoe In the pefformnoo ofdf.: Services as is ordInMy provided by a cornparable professional under similar circumstances and 0ONSULC shall,(i,oustI i (HR tre-performiwhich fall satisfy f foreping standard of cars. 5.2 The CONSULTANT warrants that all services shall be pedomied by skilled and cwpftg personnel to the dprolessionalstandardst the field, ,.i7 4` ��3 330'77 1 .__ , -'P' a aae £r A�'�*k. �Iimliil MA Agmemwd .17- : 4 6 Page 196 of 555 b � 1t�; ��_ t i i�� s 15.3 Unless the CONSULTANT is In breach of this Agreement, the CONSULTANT ehall be paid for seMm rendered to the ALITHORTlYS adsladlon through the date of termkwft. ti , ri iM, IFIFIN Agreement No. 1 .e Page 197 of 555 IR y t Page 198 of 555 Agmement ®1 - 4 - Page 199 of 555 27.6 COMSIOANTj WMA rnWW�h financial ani prograrn raw* to juifily all chaVe and costs Incurnid ir, performing for iyears following g r,n aAUTHORFTY as Federal Emergency Management +,g rsub-grantee required 20 hoe scoess to such books, r* and docurnerdas required .{, eacdonfor -+ purimm ofInspedion, or sudit 27.9 In ,eevent words retentionwn 41 Florlds,StatulbsOvApter19and57exceedthose ofFEMA, the wordeahall be retained to oomp� with State of Florlde requiremerds. Agreement 17-205 Page 200 of 555 D ♦ # =—"'T-1 + # # 4 _+ 7501 North#r + Beach,West Palm #: 33412 `'tit: #n: Me* Eysington, Chid Operdons Officer O.. No.: ; 1 -111 Eid.No.:501-640-3400 r Attention: Jon Hoyle, President Office No.: 407-792-0018 Fax No.: 407-878-7858 E -Mail: buk2k-qvxgngLnet t *# .�w� :# + ,:�,+ ,i t«��. 11 + i #- + �� m !r, # � #� #f rpt_ �+ `:r•: -+' # r Thik # # ris a're must additlonally be mailed as reqtdred herein. Viul CONSULTANT L` ' 2 ADMINISTRATION Services of CONSULTANT Vw7jLs:!:.- Ir J or rus # who shall ad :: the AUTHORITY'S ARTICLE 31 - KEY PERSONNEL I Page 201 .�.'�, ,,>t,.�It 1'��41111 11 a -.t 2R^I ri 't i3 ,,:b � i, i,' ,(+ C im �, �5., ��' i"yi.I,� �'_.'vi { :rx,;�, (a0f�� r ��, '`•1 r .�,fi r't, law had the AUTHORITY,'t` and i t M r,D ft extent 'ani li m'i Page 202 of 555 Agreement No. ; .Il. ane Page 204 of 555 V _ ♦ to i # ! ! :'f :! A ! 1 1It Lt1 4 1 # =1 # 1 #: :'lR.1 1. rat fs 7 -iii smary --AtSLj—ry— IU p AgmwnW ft. 17-206 . ff:. aae SCOPE OF WORK i 300 In, i Y� �� rpa1 eta ?)ti; ipi�t "9b Page 206 of 555 document2.2 Collection MonWng a. Per FEMA policy Public reporting.automated debris motagement tracking systems provided real-time, automated tracking and FEMA embraces technological advancements i t Ii {- CONSULTANTshallprovide an Iautomatedh management i i create Iced tickets electronically, slMnating the need for written and scanned Uckets. The ADMS features shall Include, at a minimum, fol c. The AUTHORITY has Interlocal Agmements for DisaMerDebris Managernerd deliver elgible stcrm debris to AUTHOR17YS DMS. These municipaittlesr AUTHORITYS paper load ticket system. t � r i J.(� � i• { Page 207 of 555 2A DMS Monhodng "'I dfl S'W_.ishave been made. thl 74 +tr i W4, (R r;, Page 208 of 555 Paae 209 of 55 KXX[BrrB mwm� EE11i"!DULE ffENIN01POWDIDISCRIPTION E871MATED MNUAL HOURS UWPRICE PER HOUR EXTENSION 'No 1. Projed 0fRC@/PflncW 200 $89.00 $17,80MOO 2. PmjeLl Manapr 700 SK00 $6 3. Operallons Mampr 1,9W $62.50 $118,750.00 4. FEMA 1rsernent Manager .900 $95.00 $4-1,50D.00 5. Operdons Specialist 700 $49.00 $34,300.00 G. Field Supervisor 8,000 S49.00 $392,000.00 7. Engineer/SclentAProfegeloml 400 $89.00 $35,600.00 8. Environmental Con 700 $75.00 $52,500.00 Environmental FWId Techniden 700 $62.50 $43,750.00 10. Deta Manager too $59.00 $41,300.00 111. GIS AneWSpegst 200 $49.00 sq'800.00 12. AdmInIsNive Support 1,2DO $25.00 $30,000.00 13. DIAS Monft 22,OW $35.00 $770,000m 14. Field Monitor 43,000 $35,00 $1,505,000.00 15. Call Center Operator 4,300 $25.00 16. Do, Entry Clerk-Papr TIckd 500 Few shall be fully loaded and Indude all expenses and equipment, Including but not limited to, ADMS, travel related expenses, meal allowances, hotel rooms, and any other relevant out of packet expenses, as well as vehicles, electronics, communications equ"nt and any other equWe% facilltles, or InhUructure necessary to carry out the Wak Agreement No. 17-205 Page 210 of 555 Page 212 of 555 I CONSENTAGENDA 6/6/2017 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R117 -055 -Approve and authorize the City Manager to sign the proposal from Con Tech Building Corporation of Delray Beach, FL in the amount of $46,596, plus a 10% contingency of $4,660, for a total estimated cost of $51,256 for the purpose of completing bridge repairs that were recommended by the Florida Department of Transportation. EXPLANATION OF REQUEST: Regarding needed bridge repairs the City has received quotes to complete the repairs from the following companies: Con Tech Building Corporation $46,596 La Gala Construction $73,800 G. Batista and Associates $296,190 The lowest responsible quote was from Con Tech Building Corporation. Their quote was $46,596.00. A 10% contingency ($4,660) is also being added to the award to cover additional scope. Bridge repairs often reveal unanticipated work thus a higher contingency is contemplated. In accordance with the City's procurement process construction related projects up to $75,000 can be secured and awarded by written quotes. The term construction is defined as "The process of building, altering, repairing, improving or demolishing any public structure or building or other public improvements of any kind to any public real property. It does not include the routine operation, routine repair or routine maintenance of existing structures, buildings or real property." The repairs to the bridges are not considered by City's engineering staff to be that of a routine nature which would include cracks, voids, settlements, etc. and considers this to fall under the definition of construction. And is requesting to award based on the three (3) quotes but also to authorize the City Manager to sign the proposal as required by the vendor. Each year the Florida Department of Transportation inspects each of the City maintained bridges and offers a report that details findings and recommendations for deficiency corrections. The work included in the above bids includes recommendations from the FDOT's August of 2015 and August of 2016 reports. The bridges identified to need repairs are (work varies by location): West Ocean Drive (50+ year old bridge) Coral Drive (50+ year old bridge) Venice Drive (50+ year old bridge) S Lake Drive (50+ year old bridge) S Diane Drive (50+ year old bridge) Mission Hill Road (50+ year old bridge) SW 22nd Way (50+ year old bridge) Gateway Boulevard (West Bound) Gateway Boulevard (East Bound) Quantum Boulevard Page 213 of 555 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The repairs will extend the useful service life of the bridges. 7 of these bridges were installed in the 1950's and are nearing the end of their service life. A bridge replacement program (to replace a 50+ year old bridge each year for 7 years) has been scheduled and budgeted beginning in 2021/2022, in the City's upcoming proposed Capital Plan. FISCAL IMPACT: Budgeted This project is budgeted. The proposed cost is $51,256 and shall be funded from the Bridge Repair — Maintenance and Improvements component of the City's FY 2016/17 Capital Improvement Plan, Project Number: TR0903. These repairs are currently funded in the existing Capital Improvement Program and thus sales surtax funds are not being used for this work. ALTERNATIVES: Not do the needed repairs or the City could do a formal bid process. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Reviewer Action Type Description D Resolution Resolution Authorizing the City Manager to sign Finance Howard, Tim Proposal from Con Tech Building Corporation D Attachment Con Tech Proposal D Attachment Con Tech Estimate D Attachment La Gala Const Estimate D Attachment Batista Estimate REVIEWERS: Department Reviewer Action Date Public Works - Engineering Livergood, Jeffrey Approved 5/13/2017 ® 10:06 AM Finance Howard, Tim Approved 5/31/2017 ® 2:24 PM Legal Swanson, Lynn Approved 6/1/2017 ® 4:07 PM Finance Howard, Tim Approved 6/1/2017 ® 4:51 PM Page 214 of 555 F.ity Manager LaVerriere, Lori Approved 6/l/2017 Page 215 of 555 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 RESOLUTION NO. R17 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A PROPOSAL FROM CON TECH BUILDING CORP., IN THE AMOUNT OF $46,596, PLUS A 10% CONTINGENCY OF $4,660, FOR A TOTAL ESTIMATED COST OF $51,256 FOR THE PURPOSE OF COMPLETING BRIDGE REPAIRS THAT WERE RECOMMENDED BY THE FLORIDA DEPARTMENT OF TRANSPORTATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, each year the Florida Department of Transportation inspects each of the City maintained bridges and offers a report that details findings and recommendations for deficiency corrections; and WHEREAS, the work scheduled to take place on the bridges includes recommendations from the FDOT's August 2015 and August 2016 reports; and WHEREAS, staff obtained three quotes regarding the needed bridge repairs and has chosen the lowest responsible quote which was Con Tech Building Corporation in the amount of $46,596; and WHEREAS, staff is recommending that the City Commission approve and authorize the City Manager to sign the proposal from Con Tech Building Corporation in the amount of $46,596, plus a 10% contingency of $4,660 for a total estimated cost of $51,256 for the purpose of completing bridge repairs that were recommended by the Florida Department of Transportation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\OFCOAF84-2AAD-4451-9BO5-8CBD248B8E15\Boynton Beach. 5687.1. Con _Tech_Building_Corp_Bridge_Repair _ Proposal- Reso.doc Page 216 of 555 31 Section 2. The City Commission of the City of Boynton Beach, Florida does 32 hereby approve and authorize the City Manager to sign a proposal from Con Tech Building 33 Corporation in the amount of $46,596, plus a 10% contingency of $4,660 for a total estimated 34 cost of $51,256 for the purpose of completing bridge repairs that were recommended by the 35 Florida Department of Transportation, a copy of which is attached hereto as Exhibit "A". 36 Section 3. This Resolution shall become effective immediately upon passage. 37 PASSED AND ADOPTED this day of , 2017. 38 CITY OF BOYNTON BEACH, FLORIDA 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 ATTEST: 55 56 57 58 Judith A. Pyle, CMC 59 City Clerk 60 61 62 63 (Corporate Seal) 64 Mayor — Steven B. Grant Vice Mayor — Justin Katz Commissioner — Mack McCray Commissioner — Christina L. Romelus Commissioner — Joe Casello VOTE CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\OFCOAF84-2AAD-4451-9BO5-8CBD248B8E15\Boynton Beach. 5687.1. Con _Tech_Building_Corp_Bridge_Repair _ Proposal- Reso.doc YES NO Page 217 of 555 Building Corp. 3822 S. Lancewood Pl. Delray Beach, Fl. 33445 Phone 561-637 -2222 Fax: 561-865-7047 Email: bbrewerA_ct-be..com Web: www.ct-bc.com Florida license # WC -062808 Thursday, June 1, 2017 Attn: Gary Dunmyer City of Boynton Beach Re: Bridges Concrete Repair Project Information Contact- Gary Dunmyer Cell # - 631-1813 Office # - Fax # - dunmyerggbbfl.us STRUCTURAL REPAIR PROPOSAL We are pleased to propose furnishing all labor, equipment, supervision and material for the execution of the following scope of work as per on-site inspection. We believe that the items below are in accordance with your requirements and I hope that this proposal is viewed favorably. We are available to you at any time to assist you with this or with any other construction needs that you may have. 1. SCOPE: Remove all unsound or delaminated concrete, providing a minimum 1/4" substrate profile amplitude and 3/4" clearance behind corroded reinforcing steel. A bond scrub coat will be applied to all repair areas, prior to the application of the structural repair mortars. Prior to starting the placing of concrete, the entire area will be cleaned with water, to a super saturated condition. After placing of any repair concrete, a coat of curing agent will be applied. Corroded reinforcing steel will have all oxidation and scale removed from the exposed steel and then treated with a flexible cementious rebar coating. Vertical repairs will generally be done with shrinkage -compensated, fiber -reinforced structural repair mortar with integral corrosion inhibitor. Horizontal repairs and most formed repairs, from V to 8" deep will generally be done with a flowable, shrinkage -compensated structural repair concrete with integral corrosion inhibitor. Con Tech uses Sika, Sto, Sonneborn and Master Builders repair products. All brands are nationally recognized and are the best available. The Engineer and/or the owner will determine the actual brand used. Page 218 of 555 2. CONTRACT SUM: $46,596.00 Refer to itemized bridge estimate sheets Note: Final cost will be based on actual quantities repaired or replaced. 3. ALTERNATES: None at this time. 4. VALUE ENGINEERING: None at this time. 5. MISCELLANEOUS: A. Debris removal to contractor's debris container. B. Owner shall supply all utilities. C. Tile, carpeting, floor covering, and landscaping and interior finish/replacement will be by others. D. A Notice of Commencement must be received by Con Tech before any work is started. Work may be suspended if payments are not received on time. Invoice payment is due in full, according to contract terms. If a lien needs to be placed on the property because of unpaid balances, a minimum of a $2,500 administration charge will be added to the lien amount. E. Heavy equipment (cranes, concrete trucks, helicopters, etc.) may be used. Con Tech will not be responsible for damage to existing sidewalks, driveways, landscaping, etc. because of equipment weight. F. All work is bid as per prints and specs. Code issue changes will be treated as an additional work order. Any work necessary to be performed, due to misc. findings, upon demolition or excavation, (i.e. plumbing, electrical, mechanical, rock, water, dewatering, hazardous materials, etc.) not delineated herein, shall be in addition to the contract sum. G. A minimum repair charge will be charged on all repairs (1 cf, 1 If, 1 sf). H. Misc. carpentry, concrete work and painting will be billed out at $42.00 per hour, plus material at cost plus 15%. L This proposal including scope of work becomes part of the general contract. J. Should the scope of the project increase substantially in size, then the costs of the increased general conditions shall be included in the increased scope. K. Any special order material requiring deposits by the manufacturer or supplier will be paid by the Customer before the product is ordered L. All impact and municipal fees, utility fees/deposits, connection charges, meters, electrical service upgrade, permits, expediting, engineering, bond costs, security, surveys, testing, x-rays and inspection costs, if necessary, shall be Owner expenses. M. In the event of a hurricane warning or watch, the securing of the jobsite will become an extra expense to the owner. This includes dumpster removal, scaffolding tear down, securing material and temporary board up of the property. N. In the event that Con Tech initiates legal proceedings in order to enforce the collection of any unpaid sums due under this contract or any other breach by Client, the prevailing party shall be entitled to an award of its reasonable attorney fees and costs, which shall include all attorney fees and costs incurred pursuant to any appeal or bankruptcy proceeding. The venue and jurisdiction for any such legal action under this contract shall be exclusively Palm Beach County, Florida 6. PROJECT DURATION: This project should be substantially complete within ( 45 ) working days from commencement of actual construction, subject to the availability of and delivery of any materials and/or fabricated items, permits and inspections. 7. PAYMENT TERMS: A 25% down payment is required at contract signing. All projects are billed out on the 15th and at the end of the month and are due within 7 days. A 1 .5% monthly service charge will be applied on all invoice payments exceeding contract terms. 8. COMMENCEMENT: Page 219 of 555 Within 30 days of receipt of the building permit. Thank you for giving Con Tech the opportunity to be of service to you. To view projects in progress or to learn more about us and the services we provide, please visit our web site at . ct- c. co Sincerely, " '' D--�,4 Bob Brewer President Acceptance of Proposal The above prices and specifications are hereby accepted. You are authorized to do the work as specified, payment will be made as outlined above. Auithe-Hzed Signature Date Proposal valid for 30 days. Page 220 of 555 ,,,, , ,,, ,,,, ,,, , „ ,,,, ; :1) :\)1 ;\) ; 1; {1}) \1 ;: :) ; \) ; 1 El ml E LE um g ) ()) - \ IE \\\, \ \_ \ \\ \\ \ \\\ \ \} \\\\ \\: \ \f\ \\\\ \\\ Ml \ \ \ �� \83 �\ us u\ us \\ \�\ --- Im E ml ml ml ml ml ml - ; ;;; ;;;; ;;; 2E 2E 4 La Gala Construction 236 SE 9 Avenue, Suite # 1 Deerfield Beach, FL 33441 Office: 954 421-0711 Fax: 954 698-6545 A Division of Tilt Patchers, Inc. Description 1) GENERAL REQUIREMENTS -Including (if required for the scope of work) Supervision, management, pre -construction ( Video & Photographic) documentation, debris removal, temporary services, equipment rentals, access & traffic control/designation, safety precautions, temporary rails, local shoring at all repair areas, adjacent protection of existing conditions, landscape protection/preservation, all necessary lifts & scaffolding to access repair areas, as -built repair survey/documentation, punch out and all necessary licenses & insurance to complete this scope of work. PLEASE NOTE-Owner/Client to provide a safe work area, access to area requiring work, staging area for materials and depose dumpster, running water, temporary electric service for construction purposes, sufficient parking area's provided for labor force/company vehicles and an area (4'x 8' in size) in a conspicuous area for company signage . Removal of MEP fixtures or devices, building attachments, doors or windows, shutters, roofing, components, railings, flooring and personal Owner items are NOT included in this proposal. Permit processing, permit fees, plans, surveys, Special Inspector, dust walls, structural engineering and shoring engineering is NOT included in this proposal (unless specifically stated below) and will be charged directly to Owner as mandated by governing municipalities if required. Proposal is based on Provided MOT Reports and Visual Inspection for a (1) phase, (1) mobilization, a (5 day) work week schedule for a duration of ( ) Days/Week. Exhibit A&B are part of this agreement. Exhibit - A may incur increase for General Conditions. Additional time due to Owner delays or unforeseen conditions may be an additional charge. Scope of work is based on adhering to current OSHA rules and regulations. Changes or additions to OSHA rules and regulations after the date of this proposal may incur additional cost to client/owner. This proposal is only valid for 30 days. RESTORATION AND REPAIRS: Bridge No. 935301 - a) Repair the delaminating in Beam 1-1 left -west leg over Abutment 1 and Beam 1-2 left -west leg 12 ft from Abutment 1. and Beam 1-3 right -east leg 12ft from abutment 1. ( 1.89 CF ) b) Repair the void in the north face of the northwest retaining wall. ( 37.5 CF ) c) Clean and Seal Joints ( 40 LF ) Prepared By: Date ' Total Accepted By: Date: Page 1 Estimate Date Estimate # 5/10/2017 616 Project Bridge Repairs Qty Total 6,700.00 1.001 67,100.00 Page 222 of 555 La Gala Construction 236 SE 9 Avenue, Suite # 1 Deerfield Beach, FL 33441 Office: 954 421-0711 Fax: 954 698-6545 A Division of Tilt Patchers, Inc. Description Bridge No. 935304 a) Repair the delaminated area in the slab underside at Abutment 2 between Piles 2-2 and 2-3 ( 1.32 CF ) b) seal crack in poured concrete behind southeast retaining wall. ( 19 LF ) Bridge No. 935308 a) Clean and Seal Joints ( 200 LF ) b) Cracks ( 5 LF ) c) Joint Edge Repair ( 5.53 CF ) d) Spall Repair ( 0.042 CF ) Bridge No. 935307 a) Repair five spalled pickup point patches in the deck top. ( 0.83 CF ) b) Repair the spalls adjacent to the deck drains in the underside of Slab Units 1 and 2 in all spans ( 1.65 CF c) Clean and Seal Joints ( 200 LF ) d) Joint Edge Repair ( 13 CF ) Bridge No 935305 a) Repair the cracks -spalls -delamination I n Piles 1-3 2-2 2-3 2-4 3-2 3-3 4-2 4-3 4-4 and 4-5 ( 1.32 CF ) b) Repair the spall delamination with exposed steel in the west face at the north end of Bent 2 cap.( 0.5 CF ) c) Repair the spall with exposed steel in the south face of Beam 1-3 at Abutment 1 ( 1.32 CF ) d) Repair the spalls with exposed rebar in the deck underside concrete stay in place forms. ( 21 CF ) e) Repair cracks and delamination in the northwest retaining wall joint. ( 1.98 CF ) f) Clean and seal the cracks over the abutment expansion joints ( 75 LF ) Prepared By: Date ' Total Accepted By: Date: Page 2 Estimate Date Estimate # 5/10/2017 616 Project Bridge Repairs Qty I Total Page 223 of 555 La Gala Construction 236 SE 9 Avenue, Suite # 1 Deerfield Beach, FL 33441 Office: 954 421-0711 Fax: 954 698-6545 A Division of Tilt Patchers, Inc. Description Bridge No 935303 a) Repair spalls and delamination throughout the precast concrete deck form panels. ( 33.5 CF ) b) Repair spalls with exposed steel in post 2-2 Right -east. ( 1 CF ) c) Repair delaminated are in the northwest concrete slab behind the northwest retaining wall. Repair void adjacent to northwest approach guardrail transition. ( 2.98 CF ) Bridge No. 935306 a) Repair spalled-delaminated deck with and without exposed steel throughout panels ( 5.36 CF ) b) Repair the cracks in the concrete topping of the slope protection. (12 LF ) c) Clean and Seal Joints ( 110 LF ) Bridge No. 935302 a) Repair the spall with exposed rebar around the utility in the southwest retaining wall. ( 1.32 CF ) b) Repair the spall with exposed rebar in the left -west flange of Beam 1-1 4ft from Abutment 1 ( 0.33 CF ) c) Patch Lower Joints ( 75 LF ) d) Clean and Seal Wall Joints ( 75 LF ) Bridge No. 935300 a) Repair the spall in the NW corner of post 4-2 Right -south. (1 CF ) b) Repair the spall/delamination on the left -north edge of slab Unit 4-8 over Bent 5 ( 0.66 CF ) c) Repair the broken approach roadway sidewalk at the NE corner of the structure. ( Two sections) - ( 13.2 CF ) Prepared By: Date Estimate Date Estimate # 5/10/2017 616 Project Bridge Repairs Qty I Total Total $73,800.00 Accepted By: Date: Page 3 Page 224 of 555 iiD G. BATISTA & ASSOCIATES GC #1508387 L icensedl InsuredlBonded Date: April 4, 2017 Construction Agreement Owner: Gary Dunmeyer City Engineer City of Boynton Beach 100 E Boynton Beach Blvd Boynton Beach, FL 33435 561-742-6231 Contractor: Real Estate Engineering, LLC (DBA G. Batista & Associates) 10400 Griffin Road, Suite 201 Cooper City, FL 33328 T. 954-434-2053 F. 954-827-0670 www.gbanda.com We hereby propose to supply and furnish all labor and materials, and perform all work necessary to complete the project located at the Bridges at Boynton Beach as per the list below. 1) THE SCOPE OF WORK IS AS FOLLOWS: 1) Provide Engineering by a Florida Licensed Professional Engineer (Greg Batista, PE) as follows: a. Concrete repair engineering plans and specifications for the following: i. Bridge repairs b. Special inspections and field reports signed and sealed as required by the City. c. Final Signed and Sealed Certification as required by the City d. Engineering excluded: i. Shoring Engineering ii. Specific Engineering items that are not part of this scope. iii. Destructive Forensic inspection. The inspection shall be visual in nature. Engineer shall not be responsible for unforeseen conditions. iv. Clean up of any kind associated with the engineering work. v. We exclude any Testing unless it is considered necessary. In such case we will inform the owner of the need and then act accordingly. 2) Provide Concrete Repair as per the list below, and the plans and specifications as dictated by Greg Batista, PE, ICRI Standards, and Florida Building Code. a. Permit expediting b. Perform the concrete repair work. 3) We exclude the following items from the Scope of Work: a. HVAC, plumbing, landscaping, irrigation, electrical, or solar work. b. Surveys c. Environmental and protection work such as turbidity barriers and such. d. Painting. e. Underwater work f. MOT, barriers, directing of traffic, etc. g. Epoxy injection (If required will be charged at $50/LF h. Caulking and waterproofing. i. Lead or Asbestos work, testing and/or abatement. j. Any work with gutters, satellite dishes, shutters, windows, doors, and/or any kind of ancillary structure or framing that interferes with scope of work to be performed. k. The Owner shall make provisions to remove items that obstruct our ability to perform our Scope of Work prior to commencing of the work. This includes the above-mentioned items as well as any furniture, window treatments, flooring, carpets, artwork, and other furnishings. 11) COST WORK: All Material and Workmanship is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifications submitted for above work, and completed in a substantial workmanlike manner according to the terms and conditions attached to the present proposal and the detailed job estimate for a LUMP SUM OF --- SEE SPREADSHEET BELOW FOR BREAKDOWN CONTRATOR OWNER OWNER G. Batista & Associates 10400 Griffin Road, 4201 Cooper City, Florida 33328 Page 225 of 555 PAYMENT SCHEDULE 1) Upon Agreement approval 2) Payment in progress for construction $ Payment of Mobilization $5000 per bridge i. Not included in Lump sum price $ PER MONTHLY PAY APPLICATION III) NOTES: 1) All engineering is included in the lump sum fee. Bond is not included. 2) Contractor will obtain all building permits and schedule all inspections. Permit fees, if any, are not included in price and will be charged to owner at cost. 3) Permit allowance of $15,000 is included. 4) Hoisting shall be by Contractor. Owner shall provide on-site elevator for movement of materials. Owners shall provide timely access to the area that is part of the scope of work. 5) Owner will provide: a. Access to the site and the areas of work. b. Dumpster container unless as otherwise expressed in this Agreement. c. Access to water (i.e., hose bib), electrical power (i.e., outlets), and washroom facilities for Contractor employees. d. Shoring support of which some is already installed. 6) Stucco is not included (all items are exposed concrete). 7) Due to the state of the concrete corrosion, there is no accurate way to obtain exact quantities to the naked eye. As such, additional amounts that may be required to repair will be handled as unforeseen conditions. 8) Contractor will exercise care to protect the existing building plumbing, mechanical, and electrical lines. However, due to the age of these lines, and the nature of the repairs, we cannot be held responsible for any accidental damage. 9) All disputes shall be settled through binding arbitration. All costs and fees to be paid by non -prevailing party. Thank you for giving us the opportunity to bid on your work. Please contact me if you have further questions about any aspect of your project, I would be pleased to discuss this agreement with you at tour convenience. ACCEPTANCE OF PROPOSAL I (We) have read and understood, and I (We) Agree to, all the terms and conditions contained in the agreement. Contractor is hereby authorized to furnish all material and labor required to complete the work according to the terms and conditions attached to the present proposal, for which Owner agrees to pay the amounts itemized above Accepted by: SIGNATURE OWNER OR REPRESENTATIVE PRINT NAME TITLE Date 2 CONTRATOR OWNER OWNER G. Batista & Associates 10400 Griffin Road, 4201 Cooper City, Florida 33328 Page 226 of 555 SCOPE OF WORk FDOT Bridge Element No Inspector Recommendations Qty Dim No. Repair the broken approach roadway sidewalk at the NE corner 935300 321 of the structure. VOID PER GARY x x Repair the settled and displaced sand -cement rip rap bachs 935300 396 along Abutment 1 Cap. 1 LS 935300 215 Repair undermining along Abutment 6 cap - pic7- rip rap 1 LS 935300 321 Repair undermining of the four approcah sidewalks 4 EA Repair the delamination in Beam 1-1 left -west leg over Abutment 1 and Beam 1-2 left -west leg 12 ft from Abutment 1 935301 110 (pic 3). and Beam 1-3 right -east leg 12ft from abutment 1.- pic #3 8 SF 935301 Repair void on NW face of Retg wall Pic #4- 1 LS Repair the spall with exposed rebar around the utiility in the 935302 475 southwest retainig wall. 6 SF Repair the spall with exposed rebar in the left -west flange of 935302 110 Beam 1-14ft from Abutment 1 6 SF Repair spalls and delamination throughout the precast concrete 935303 13 deck form panels. 150 SF 935303 331 Repair spalls with exposed steel in post 2-2 Right -east. 1 CF Repair delaminated are in the northwest concrete slab behind 935303 475 the northwest reatining wall.PIC11 5 SF 935303 290 Install rock rubble along both abutment retaining walls. N/A N/A Repair the exposed area of the north edge of the south 935303 321 approach slab. VOID PER GARY x x 935303 475 Repair void adjacent to northwest approach guardrail transition. 5 SF Repair the delaminated area in the slab underside at Abutment 935304 39 2 between Piles 2-2 and 2-3 75 sf Repair undermined area and seal crack in poured concrete 935304 475 behind southease retaining wall.w sod 1 LS Repair the cracks-spalls-delaminations I n Piles 1-32-22-32-43- 935305 205 2 3-3 4-2 4-3 4-4 and 4-5 200 sf Repair the spall delamination with exposed steel in the west 935305 234 face at the north end of Bent 2 cap. 7 sf Repair the spall with exposed steel in the south face of Beam 1- 935305 110 3 at Abutment 1 1 Is Repair the spalls with exposed rebar in the deck underside 935305 13 concrete stay in place forms. 200 sf Repair cracks and delaminations in the northwest retaining wall 935305 475 joint. 1 Is Clean and seal the cracks over the abutment expansion joints - 935305 13 VOID PER GARY x x Repair spa] Ied-del aminaged deck with and without exposed 935306 13 steel throughout panels 75 SF Repair the cracks in the concrete topping of the slope 935306 396 protection. 1 LS 935307 99 Repair five spal led pickup point patches in the deck top. 5 ea Repair the spalls adjacent to the deck drains in the underside of 935307 99 Slab Units 1 and 2 in all spans 4 sf Repair settled articulated concrete block slope protection at the right end of Abutment 4. Replace depressed area with riprap. 935308 396 Pic#6 1 LS Clean and seal the transverse crack ove the expansions joints 9353000 99 throughout the structure.VOIDED AS PER GARY IN MEETING x x 9353000 331 Repair the spall in the NW corner of post 4-2 Right -south. 1 LF Repair the spall/delamination on the left -north edge of slab 1 9353000 99 Unit 4-8 over Bent 5 15 SF TOTAL LUMP SUM = $296,190 3 CONTRATOR OWNER OWNER G. Batista & Associates 10400 Griffin Road, 4201 Cooper City, Florida 33328 Page 227 of 555 GENERAL TERMS AND CONDITIONS The contractor accepts the relationship of trust and confidence established between his company and the owner by this agreement. He covenants with the owner to furnish his best skill and judgment in furthering the interest of the owner. He agrees to furnish efficient business administration, project management and supervision and to use his best efforts to furnish at all times an adequate supply of workers and materials (as needed ), and to perform the work in a most expeditious, economical and workmanlike manner in compliance with all building codes and other applicable laws. The contractor agrees use his best efforts to complete said work of improvement in a timely manner. 1. SCOPE OF THE WORK. - The scope of the work shall consist of the "categories of work" described. The term "cost of work" shall mean costs necessarily and reasonably incurred in the performance of the work, all extra costs incurred due to changes orders or addendums not listed on the proposal shall be reimbursed by owner to the contractor according terms on paragraph (5). 2. COMMENCE OF WORK. - The contractor agrees to commence work within (5) five business days after the last to occur of the following: (1) receipt of written notice from the lien holder, if any, to the effect that all properly recorded, (2) the material required are available and on hand, and (3) a building permit has been issued and notice of commencement is issued. Contractor agree to prosecute work thereafter to completion, and to complete the work within a reasonable time , subject to such delays as are permissible under this contract. If no first lien holder exists, all references to lien holder are to be disregarded. 3. DELAYS: The contractor shall not be liable for any delay due to: (a) the acts of Owner or his agents or employees or those claiming under agreement with or grant from Owner, including any notice of the Lien Holder to withhold progress payments, or by (b) any acts of delays occasioned by the Lien Holder, or by (c) the Acts of God which Contractor could not have reasonably foreseen and provided against, or by (d) stormy or inclement weather which necessarily delays the work, or by (e) any strikes, boycotts or like obstructive actions by employees or labor organizations and which are beyond the control of Contractor and which he cannot reasonably overcome, or by (f) extra work requested by the Owner, or by (g) failure of Owner to promptly pay for any extra work as authorized, shall be added to the time for completion by a fair and reasonable allowance, or by (h) circumstances beyond its control, casualty or general unavailability of materials. The time during which the Contractor is delayed in the work by any or all (a) to (h) above do not constitute abandonment and are not included in calculating time frames for payments or performance. In the event that work should be stopped for more than 30 days by any or all of (a) through (h) above, the Contractor may terminate this Contract and collect for all work completed plus a reasonable profit of 20 % as administrative fee. 4. PRICE.- The price quoted for completion of the work is subject to change to the extent of any difference in the cost of labor and material as of the date and the actual cost to Contractor at the time materials are purchased and work is done. The offered price is dependent upon current market prices. Unexpected increases in the present market rate for labor or the present market rate for materials will be reflected in price adjustments. The cost of conditions on the site that could not be revealed upon ordinary inspection, and that impacts the cost of the job, will be reflected in price adjustments. Unless otherwise specified for Additions or Remodeling, the contract price is based upon Owner's representation that there are no conditions preventing Contractor from proceeding with usual construction procedures and that all existing electrical and plumbing facilities are capable of carrying the extra load caused by the work to be performed by Contractor. Any electrical meter charged required by Public Authorities or utility companies are not included in the price of this Contract, unless included in the job specifications. If existing conditions are not as represented, thereby necessitating additional plumbing, electrical, mechanical or other work, these shall be paid for by Owner as additional work. Owner agrees to install and connect at Owner's expense, such utilities and make such improvements in addition to work covered by this Contract as may be required by Lien Holder or Public Authority prior to completion of work of Contractor. Correction of existing building code violation, damaged pipes, inadequate wiring, deteriorated structural parts, and the relocation or alteration of concealed obstruction will be an addition to this agreement and will be billed to Owner at Contractor's usual selling price. 5. PAYMENT. — Owner agrees to pay contractor its normal selling price for all additional work, additions, alterations, repairs, replacement or deviations. No additional work shall be done without the prior request or authorization of Owner and will be added as additional work to this Contract, it is agreed that all terms and conditions of this Contract shall apply equally to such additional work. Any alteration or deviation from the above specifications, including but not limited to any such alteration or deviation involving additional material and/or labor costs, will be executed only as agreed by both parties, which shall become a part of this Contract. If there is any charge for such alteration or deviation, the additional charge will be added to the contract price of this contract. Any change in specifications or construction necessary to conform to existing or future building codes, zoning laws, or regulations of inspecting Public Authorities shall be considered additional work to be paid by Owner as additional work. No payment under this contract shall be construed as an acceptance of any work done up to the time of such payment, except as to such items as are plainly evident to anyone not experienced in construction work , but the entire work is to be subject to the inspection and approval of the inspector for the public authority at the time when it shall be claimed by the contractor that the work has been completed. If any payment in progress are not made to Contractor when due, contractor may suspend work on the job until such time as all payments due have been made. If required payment is not made within five (5) days, the contractor, at the contractor's option, may treat the contract as breached. If the work shall be stopped by the Owner for a period of 30 days, then the Contractor may, at Contractor's option, upon five (5) days written notice, demand and receive payment for all work executed and materials ordered or supplied and any other loss sustained, including a profit of 10% of the contract price. A failure to make payment for a period in excess of two (2) days from the due date of payments shall be deemed a material breach of this contract and Owner shall pay to Contractor an additional charge of 10% of such payment amount. At the completion of the scoped work and acceptance by the public authority or owner/ owner representative, shall entitle contractor to receive all progress payments according to the schedule of payments set forth. Final Payment is due within two (2) days upon completion of the job. If payment is not received as stipulated, the contractor, at the contractor option, has the right to charge a penalty of $ 30.00 per day until final payment is received. If still no payment is received, the owner agrees that contractor has the right to proceed according the stipulated terms on mandatory disclosure for direct contracts specified above. 6. EXTRA WORK.- The plans and job specifications (if any) are intended to supplement each other, so that any works exhibited in either, and not mentioned in the other, are to be executed the same as if they were mentioned and set forth in both. In the event that any conflict exists between any estimate of costs of construction and the terms of this contract, this contract shall be controlling. Where materials are to be matches, Contractor shall make every reasonable effort to do so using standard materials, but does not guarantee a perfect match. The Contractor may substitute materials that are equal in quality to those specified if the contractor deems it advisable to do so. All dimensions and designations on the plan or job specifications are subject to adjustment as required by job conditions. 7. COMPLETION. - Owner agrees to sign and file for record within five (5) days after substantial completion and acceptance of work a notice of completion. Contractor agrees upon receipt of notice of completion to release the property from any and all claims that may have accrued by reason of the construction. Any controversy or claim arising out of or relating to this contract shall be settled by arbitration in accordance with the Rules of the American Arbitration Association, and judgment upon the award rendered by the Arbitrator(s) may be entered in any Court having jurisdiction. Should either party bring suit in court to enforce the terms of this agreement, any judgment awarded shall include court costs and reasonable attorney's fees to the successful party plus interest at the legal rate. 8. CANCELLATION. - Within five (5) days after execution of this Contract, Contractor shall have the right to cancel this Contract should it be determined that there is any uncertainty that all payments due under this Contract will be made when due or that any error has been made in computing the cost of completing the work. No action arising from or related to the contract, or the performance thereof, shall be commenced by either party against the other more than one year after the completion or cessation of work under this contract. This limitation applies to all actions of any character, whether at law or in equity, and whether sounding in contract, tort, or otherwise. This limitation shall not be extended by any negligent misrepresentation or E CONTRATOR OWNER OWNER G. Batista & Associates 10400 Griffin Road, 4201 Cooper City, Florida 33328 Page 228 of 555 unintentional concealment, but shall be extended as provided by law for willful fraud, concealment, or misrepresentation. 9. WARRANTY. - Contractor makes no warranty, express or implied (including warranty of fitness for purpose and merchantability). Any warranty or limited warranty shall be as provided by the manufacturer of the products and materials used in construction. Contractor is not responsible for failures or defects that result from work done by others prior, at the time of or subsequent to work done under this agreement. To the event required by law all work shall be performed by individuals duly licensed and authorized by law to perform said work. 10. CLAIMS. - Contractor agrees to perform this Contract in conformity with accepted industry practices and commercially accepted tolerances. Any claim for adjustment shall not be construed as reason to delay payment of the purchase price as shown on the payment schedule. The manufactures' specifications are the final authority on questions about any factory produced item. Exposed interior/exterior surfaces, except for factory finished items, will not be covered or finished unless otherwise specified herein. Any specially designed, custom built or special ordered item may not be changed or cancelled after five (5) days from the acceptance of this Contract by Contractor. 11. GRANTS. - Owner hereby grants to Contractor the right to display signs and advertise at the job site. 12. OWNER DUTIES AND RESPONSABILITIES. - In the event Owner authorizes access through adjacent properties for Contractor's use during construction, Owner is required to obtain permission from the owner(s) of the adjacent properties for such. Owner agrees to be responsible and to hold Contractor harmless and accept any risks resulting from access through adjacent properties. The Contractor is not responsible for labor or materials furnished by Owner or anyone working under the direction of the Owner and any loss or additional work that results therefrom shall be the responsibility of the Owner. Removal or use of equipment or materials not furnished by Contractor is at Owner's risk, and Contractor will not be responsible for the condition and operation of these items, or service for them. Contractor shall not be responsible for damage to existing walks, curbs, driveways, cesspools, septic tanks, sewer lines, water o gas lines, arches, shrubs, lawn, trees, sprinkler systems, clotheslines, telephone and electric lines, etc., by the Contractor, subcontractor, or suppliers incurred in the performance of work or in the delivery of materials for the job. Owner hereby warrants and represents that he shall be solely responsible for the condition of the building with respect to moisture, drainage, slippage and sinking or any other condition that may exist over which the Contractor has no control and subsequently results in damage to the building. In the event of work stoppage for any reason, Owner shall provide for protection of, and be responsible for any damage, warpage, racking, or loss of material on the premises. All taxes and special assessments levied against the property shall be paid by the Owner. 13. CONTRACTOR LIABILITY. - The Contractor shall not be responsible for any damage occasioned by the Owner or Owner's agent, Acts of God, earthquake, or other causes beyond the control of Contractor, unless otherwise provided or unless he is obligated to provide insurance against such hazards. The contractor shall not be liable for damages resulting from work done by subcontractors. 14. EXCLUSIONS. - (1) Plans, engineering and architectural fees (design, inspections, testing, etc.), or governmental permits and fees of any kind. (2) Additional work required by governmental plan -checkers on final "red -lined" job copy of plans that are yet to be issued. (3) Testing, removal, and disposal of any materials containing asbestos or any other hazardous material as defined by the EPA. (4) Custom milling of any wood for use in project. (5) Moving owner's property around the site. (6) Labor or materials required to repair, install or replace any owner -supplied materials. (7) Repair of concealed underground utilities not located on prints or physically staked out by owner that are damaged during construction. (8) Surveying that may be required to establish accurate property boundaries for setback purposes (fences and old stakes may not be located on actual property lines). (9) Final construction cleaning (Contractor will leave site in "broom - swept' condition). (10) Landscaping and irrigation work of any kind. (11) Temporary sanitation, power, or fencing. (12) Removal of soils under house in order to obtain 18 inches (or code -required height) of clear space between bottom of joists and soil. (13) Removal of filled ground or rock or any other materials not removable by ordinary hand tools (unless heavy equipment is specified in scope -of -work section. (14) Correction of existing out -of -plumb or out -of -level conditions in existing structure. (15) Correction of concealed substandard framing. (16) Rerouting/removal of vents, pipes, ducts, structural members, wiring, conduits, or steel mesh that may be discovered in the removal of walls or the cutting of openings in walls. (17) Removal and replacement of existing rotor insect infestation. (18) Failure of surrounding part of existing structure, despite contractor's good -faith efforts to minimize damage, such as plaster or drywall cracking and popped nails in adjacent rooms, or blockage of pipes or plumbing fixtures caused by loosened rust within pipes. (19) Construction of a continuously level foundation around structure (if lot is sloped more than 6 inches from front to back or side to side, contractor will step the foundation in accordance with the slope of the lot). (20) Exact matching of existing finishes. (21) Public or private utility connection fees. (22) Repair of damage to roadways, driveways, or sidewalks that could occur when construction equipment and vehicles are being used in the normal course of construction. (23) Cost of correcting errors and omissions by the owner's design professionals and separate contractors. (24) Cost of correcting/ testing/ remediation mold/ fungus/ mildew/ insect infestation and organic pathogens unless caused by the sole and active negligence of contractor as a direct result of a construction defect that caused sudden and significant water infiltration into a part of the structure. (25) Cost of removing pounding groundwater or other unusual concealed site conditions during excavation. (26) Extra costs associated with refusal of caisson drilling, cave-ins, etc. (27) Cost to modify and/or remanufacture custom brackets and other custom - fabricated materials that are manufactured per plans and/or specifications but do not ft properly into the structure. (28) Shoring. 15. SUBCONTRACTS. - Contractor has the right to subcontract any part, or all, of the work agreed to be performed. The contractor shall secure the owner's consent before entering into any subcontracts. If owner has agreed in advance with any subcontractor, all subcontract hired by owner shall be on a fixed price basis. All subcontractors shall be have their own liability insurance and workers compensation and obtain at its own expense all permits necessary for the work to be performed. 16. INDEMNIFICATION. - The contractor hereby agrees to hold the owner harmless and to indemnify the owner against any and all claims, damages and losses which may arise during the course of the work as a consequence of the negligent acts or deliberate omissions of the contractor, its agents or employees. 17. INSURANCE. - The contractor agrees to maintain workers' compensation or exemption and liability insurance throughout the course of the work, said amount not less than the limit of the liability required by law, but not less than $50,000 per occurrence and $300,000 on aggregate of general liability insurance. Contractor shall at his own expense carry all workers' compensation insurance and liability insurance necessary for the full protection of Contractor and Owner during the progress of the work. Certificates of insurance shall be fled with Owner and Lien Holder (if Owner and Lien Holder require). Owner agrees to procure at his own expense, prior to the commencement of any work, fire insurance with Course of Construction. All Physical Loss and Vandalism and Malicious Mischief clauses attached in a sum equal to the total cost of the improvements. Such insurance shall be written to protect the Owner and Contractor, and Lien Holder, as their interests may appear. Should Owner fail so to do, Contractor may procure such insurance, as agent for Owner, but is not required to do so, and Owner agrees in demand to reimburse Contractor in cash for the cost thereof. 18. STORMS. Contractor and Owner acknowledge that the Work is being performed at a time when the Property may be exposed to unforeseen hurricane and/or storm conditions. Should a Hurricane or Tropical Storm Watch or Warning be issued for the geographic area in which the property is located, Contractor shall be responsible for demobilization and securing the Work and all equipment and materials so as to protect against harm to the Property as well as Property adjacent thereto. The Owner shall bear the cost of demobilization/remobilization and of securing the building in the area where work is occurring, all materials and equipment in connection with any Watch or Warning issued. 19. EXISTING CONDITIONS. Due to the deteriorated condition of the building and the fragility of the existing structure and systems (MEP, Sprinkler, etc) it is understood that the Contractor shall not be held responsable for any damage to the interior of the of the building or its contents. Provisions shall be made to protect the building propoerty from damage, and public against hazard or injury. The contractor assumes no real or implied responsibilities for damages. 5 CONTRATOR OWNER OWNER G. Batista & Associates 10400 Griffin Road, 4201 Cooper City, Florida 33328 Page 229 of 555 6.E. CONSENTAGENDA 6/6/2017 REQUESTED ACTION BY COMMISSION: Approve utilizing the City of Miami Beach's Contract ITB - 2014 -191 -SW for interior and exterior painting and waterproofing for the fiscal year 2016/2017 from Hartzell Painting Contractors of Pompano Beach, FL for an estimated amount of $75,000. The City of Miami Beach's procurement process satisfies the City's competitive bid requirements. EXPLANATION OF REQUEST: Contract Period: October 22, 2014 - October 21, 2017 Public Works, Facilities Division has the need to utilize a painting contractor from time to time throughout the fiscal year and has utilized Hartzell Painting contractors in the past and have been pleased with their performance. Utilizing the City of Miami Beach's contract (Full contract is on file in the Finance Department) will allow staff to schedule needed painting projects in a more timely manner than getting quotes for each project and be concerned about bidding requirements if we have multiple projects that amount to more than the $25,000 threshold the City has for a formal bid. Numerous projects have been and will occur with the city using department and Capital Improvement funds, recent projects have brought spending close to the threshold of $25,000 and staff would like to obtain approval from the City Commission to allow a budget not to exceed $75,000 for the remainder of fiscal year 2016-2017. A sample of types of painting projects would include, but not be limited to, the following: 1913 Schoolhouse Sara Sims Restrooms Miscellaneous building interiors Parks Restroom buildings Building entry facades HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Budgeted Estimation of services not to exceed $75,000 and subject to capital project and operating budget limits. ALTERNATIVES: City could issue it's own bid for these services. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A Page 230 of 555 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Grant Amount: CONTRACTS VENDOR NAME: Hartzell Construction START DATE: 9/10/2014 END DATE: 9/9/2017 CONTRACT VALUE: N/A MINORITYOWNED CONTRACTOR?: No EXTENSION AVAILABLE?: Yes EXTENSION EXPLANATION: City of Miami Beach Contract three (3) year with two (2) additional one (1) year periods. ATTACHMENTS: Type Description D Attachment Portion of Hartzell Contract REVIEWERS: Department Reviewer Action Date Public Works Livergood, Jeffrey Approved 5/18/2017 ® 10:02 AM Finance Howard, Tim Approved 5/31/2017 ® 11:58 AM Legal Swanson, Lynn Approved 6/11/20117 ® 10:21 AM City Manager LaVerriere, Lori Approved 6/11/20117 ® 4:37 PM Page 231 of 555 A NVIVA, TITLE- For Citywide Interior and Exterior Painting and Waterproofing CONTRACT NO.: ITB- 201.4 -191 -SW EFFECTIVE DATE(S): This Contract shall remain In effect for three (3) years from date of Contract execution by the Mayor and City Clerk, and may be renewed, at the sole discretion of the City, though it's City Manager, for two (2) additional one (1) Year periods. SUPERSEDES: NIA CONTRACTOR(S): Hartzell Painting Contractors A. AUTHORITY - Upon affirmative action taken by the Mayor and City Commission of the City of Miami Beach, Florida, on September 10, 2014 for approval to awkd a contract, upon execution between the City of Miami Beach, Florida, and Contractor. B. EFFEC - This CoOract is entered into to provide for Citywide interior and Exterior Painting and Waterp�Qofing pursuant to City Invitation to Bid No. 2014 -191 -SW and any addenda thereto (the ITB), and Contractors bid in response thereto (this Contract, the ITB. and Contractor's bid in response thereto may hereinafter collectively be referred to as the "Contract Documents"), CORDERING INSTRUCTIONS - All blanket purchase orders shall be issued in accordance with the City Of Miami Beach Procurement Department policies and procedures, at the prices indicated, exclusive of all Federal, State and local taxes. Ail blanket purchase orders shall show the CRY of Miami Beach Contract Number 2014-191- Sw. D. CQNTRAC:TQRPER�FQRMANCE - City of Miami Beach departments shall report any failure of Contractor's performance (or failure to perform) according to the requirements of the Contract Documents to City of Miami Beach, Anthony Kaniewski, Property Management Director at 305-673-7000 ext. 2914, EINSURANCIE CERTIFH1Q&jffa) - The Contractor shall file Insurance Certificates, as required, which must be signed by a Registered Insurance Agent licensed in the State of Florida, and approved by the CRY of Miami Beach Risk Manager, prior to delivery of supplies and/or commencement of any services/work by Contractor. F. ASSIGNMENT AND PERFORMANCE - Neither this Contract nor any interest herein shall be assigned, transferred, or encumbered by Contractor without the prior written consent of the City, In addition, Contractor shall not subcontract delivery of supplies, or any portion of work and/or services required by the Contract Documents without the prior written consent of the City. Page 232 of 555 Contractor warrants andrepresentspersonsE. R ♦ _..♦ •: •' •supplies, + • • w, required by f Documents - knowledge and compensation.skills, either by training, experience, education, or a combination thereof, to adequately and competently provIde/perform same, or services to City's satIsfaction, for the agreed Contractor shall provide/perform the supplies, work, and/or services required under the Contract Documents In a skillful and respectable manner. The quality of r • performance and all interim and final product(s) and /or work provided to or on behalf of City shall be comparable to the best local and national standards. G. SERVICE EXCELLENCE STANDARDS PUBLICthe City of Miami Beach. As a Contractor of the City, Contractor Will be required toconduct itself in a professional, courteous and ethical manner, and at all times adhere to the City's Service Excellence standards. Training will be provided by the City's Organizational Development and Training Specialist. H. accordance consultantFlorida Statutes, a person or affiliate who is a contractor, consultant or other provider, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of a public building or public work, may not submit bids on leases of real property to the City, may not be awarded or perform work as a contractor, supplier, subcontractor, or •er a contract with the City, and may not transact any business with the City In excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the convicted vendorlist.R • ofthissection byContractor shallresult in cancellationof the Contract and may result in Contractor debarment. J. THIRD PARTY BENEFICIARIES - Neither Contractor nor City Intends to directly or substantially benefit a third party by this Contract and/or the Contract Documents, Therefore, the parties agree that there are no third party berieficlaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract and/or the Contract Documents. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract and/or the Contract Documents, pq Page 233 of 555 M rt" � a 1k. NOTICES - Whenever either party des1res to give notice to the other, such notice mu'M be in writing, sent by certified United States Mail, postage prepald, return receiR.] requested, or by hand -delivery with a request for a written receipt of acknovAedgment• delivery, addressed to the party for whom it Is Intended at the place last specified. T place for giving notice shall remain the same as set forth herein until changed in writi in the manner provided In this section. For the present, the parries designate t following: With copies to: 9A, 9116 'Cily CleFk Office 1700 Convention Centgr Drive Miami Beach, Florlds 33139 For Contractor: Hartzell PaIntina Contractors 2301 NW 33' Court, Ste. -112 Pompano Beggh , FIL 33069 Aftn. Mike Goodwin 'Phono: 954-658-0515 FRx-- 954-957-9766 E-Malk mcoodwInQwhartzell.com ICU 1011 t7RI 114(41� Cil�- i fiiam�L*07 R. M s failure 0 eirforce airy mviz;4-t -EffViz vv# &p 2!�--.4 M. SEVERANCE - In the event a portion of this Contract and/or the Contract Documents is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Contractor elects to terminate this Contract. An election to terminate this Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. Page 234 of 555 APPLMBLE _LAW AND VENUE - This Contract and/or the Contract Documents shall be enforceable in Miami -Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie In Miami -Dade County, Florida. By entering Into this Contract, Contractor and City hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Contract and/or the Contract Documents. Contractor, shall specIfIcally bind all subcontractors to the provisions of this Contract and the Contract 0. AMENDMENTS - No modification, amendment, or alteration in the terms or conditions contained herein, or in the Contract Documents, shall be effective unless contained in a written document prepared with the same or similar forrnality as this Contract and executed by the City and Contractor. P. This Contact shall not be effective until all bonds and insurance(s) required under the Contract Documents have been submitted to, and approved by, the City's Risk Manager. Q. The ITB and Contractor's bid In response thereto, are attached to this Contract and arz. hereby adopted by reference and incorporated herein as if fully set forth In this Contract. Accordingly, Contractor agrees to abide by and be bound by any and all of the documents incorporated by the Contract Documents. Where there is a conflict between any provision set forth within (1) this Contract; (11) the ITB; and /or (iii) Contractoes bid in response thereto, the more stringent provision (as enforced by the City) shall prevall. 4 Page 235 of 555 IN WITNESS WHEREOF the City and Contractor have caused this Certification of Contract to be signed and attested on this 21 day of 20LY, by their- respective duly authorized representatives. M Print Name jun1=7 7 I I if , I if 1 1 IF 90/ Date M- F'�PURCk$ALL%Sdlcitabons\2014�2014-191-SW 01"de Interior and Exterior Painting and WaterproofingkContraLt2Ol4-191-SW Hartzell PaIni Attachments: A: Commission memo and Item Summary B.ITB,Addendum C: Proposals APPROVED AS TO D: Insurance Certification FoRm & LANGUAGE & FOR EXECUTION My AttomeY Date Page 236 of 555 0 Page 237 of 555 City of Miami 86"h' 1700 Convention Comw Drive, Maml Beach, Florldc 33139, www.miomibeochfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members of he City Co rn�lsslon FROM: Jimmy L. Morales, City Manager DATE: September 10, 2014 p-11,11 nel" I-'4AZd1nW4RK48X@11k a n L=9aTrV11T1TJn- I I ivi M-1 19-7011 � I FUNDING The annual cost associated Mth Ckywide Painting (Interior and Exterior) and Waterproofing Services is subject to funds availabilky aWrgvqd t approved by City Commission. Should additional funding be required due to Increased need of services, it will be subject to the review and approval of the Office of Budget and Performance Improvement (OBPI). lACKGROUND INFORMATION I d. -Lvwewvv't -ddeVVr# for quality materials and a cost associated with the aforementioned services City WIde. It is t intent of the City to have proper materials Installed for the proper application with the pro% preparation. The contract(s) entered Into with the successful biddar(s) shall remain in effeett three (3) years. W Page 239 of 555 Comralssfon Memorandum ITB 2014-191 Citywide Painting flntedor and Extelfoo and Walelprooflng Sen4ceq September 10, 2014 Purge 12. JTB PROCESS ITB No. 2014-191 -SW, was Issued on June 26. 2014. with a bid NIP ELO document to additional firms not registered with the Public Group via email. The ITB resulted in the receipt of three (3) responses from Hartzell Painting Contractors, Inclan Painting and Waterproofing, Corp., and P&P Contracting, Inc. Award will be made to the reanninivp oTel rA-Qt&TQPrjg% �rld,.�,ftrfft% �M�# the purpose of creating a pool of qualified contractors, Veterans and local preferences were considered during the tabulation of the bids received. Neither veterans nor local preference was applicable to any of the bidders. eiliAjeArRiiiii 1.3—C A I 11wQ �1 meet all terms, condons, anii:s"pecIfications of the ITB and therefore are considered as "pre- qualified" to quote for future work as the need may arise, In its due diligence, the Procurement Department verified the following: Minimum Requirem@nts The ITB stated that bids will only be considered from firms that are regularly engaged in the business of providing goods and services for a minimum of three (3) years and provide three (3) distinct references with contact names and phone numbers for verification. Hartzell Painting Contractors provided verifiable references from the City of Boca Raton, Delray Beach, and the City of Miramar, Florida. Inclan Painting and Waterproofing, Corp providedverifiable references from Miami Dade County Parks, Miami Dade County Public Schools, and MG Construction. P&P Contracting, Inc. provided verifiable references from Florida's Turnpike Enterprise, Florida Department of Transportation, and Miami Dade County Parks & Recreation. Past Performance Hartzell Painting Contractors was started in 1948 in Hollywood, Florida. By the early 1950's business expanded to include the manufacturing of roof paint. Since then, the company has expanded operations to include; house painting, commercial painting, weatherproofing and all forms of specialty coatings. Inclan Painting and Waterproofing Corp. was founded in 1981 under the name of Incian. Since then they have specialized in Painting, Waterproofing, Concrete Restoration, W Page 240 of 555 Commission Memorandum IrB 2014191 QWdO Painting (interior and Exter164 and Watetproofing Services September 10, 2014 P.--1 g a 13 ;M.J JBrtJLTLTMU Uter review of resilm-RI the purpose of creating a pool of qualified contractors from which the City may seek quotes for Tpecc projects. CITY MNAGER'S REVIEW (49W i iTo ItT4T-iI CONCLUSION Inclan Paintin•and Waterproofing, 6orp,, �nd'P&P Contracting, inc, as pre-quallfied vendo future work on an as needed basis, ttt!!� g T:%AGENDA12014I%ptembeAprmroment%rrs 2014191 -SW Oftywide Painting (Intedor and Exterior? and Walarproofing Services - MEMO.doo 99 Page 241 of 555 M Page 242 of 555 6. F. CONSENTAGENDA 6/6/2017 REQUESTED ACTION BY COMMISSION: Approve reduction of a Performance Bond No. SU40078 by the amount of $824,717.30 from $1,232,294.80 to $407,577.50 for the completion of the earthwork and the paving, grading, and drainage improvements in association with the Casa Del Mar project. EXPLANATION OF REQUEST: The Public Works Department, Engineering Division requests approval to reduce the Performance Bond No. SU40078, by the amount of $824,717.30 for the completion of the earthwork and the paving, grading, and drainage improvements in association with the Casa Del Mar project. This will leave the remaining $407,577.50 (36.4%) to be held by the City. • K Hovnanian Homes, Inc. submitted a request to reduce the existing performance bond and an updated Engineer's Opinion of Cost for the remaining earthwork and paving, grading, and drainage improvements in association with the Casa Del Mar Project. • The existing performance bond is in the amount of $1,232,294.80. • The Public Works Engineering Division has inspected the improvements and found that 33% of the work remains to be completed. • The City shall retain 36.4% of the funds (or $407,577.50) in the performance bond. • Should the reduction be approved, the Public Works Engineering Division finds the remaining funds ($407,577.50) sufficient to complete the project. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? NA FISCAL IMPACT: NA ALTERNATIVES: NA STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: NA CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: NA Is this a grant? No Grant Amount: Page 243 of 555 ATTACHMENTS: Type REVIEWERS: Department Reviewer Public Works - Engineering Livergood, Jeffrey Legal Swanson, Lynn Finance Howard, Tim City Manager LaVerriere, Lori Description Casa Del Mar Land Development Performance and Approved Engineer's Estimate of Approved Cost Action Date Approved 5/18/2017 ® 10:07 AM Approved 5/30/2017 ® 4:45 PM Approved 5/30/2017 ® 6:20 PM Approved 6/1/2017 ® 4:39 PM Page 244 of 555 EYMIT 6'N-311 Chay. 2. Art. III. See. 6.C-- That III [we], hereinafter call PRINCIPAL, and Agp a sureiy company authorized to do business in the State of Florida hereinafter referred P12 t I (ow!"Ni Jus L -M LO -111 kN YL. I its LAT4 V ZA I %1L M WHEREAS, the above bound PRINCIPAL has received approval from the CITY for the construction of a certain project known as Casa Del Mar, and such project shall cons1ruct and install the required public improvements Permit, and to support the Project pursuant to the terms of the Ral it, ELL-Marm AMR) Mau D)r rcierence maar, a WHEREAS1% it was one of the conditions of said REGULATIONS and PERNIIT that this bond be executed, q �--= M, Page 245 of 555 9 es p ve the right to resort to any and all legal remedies against 1he PRINCIPAL and/or SURETY, or both at law and in equity including specifically the specific performance, to which the PRINCIPAL and SURETY unconditionally agree. • -11-e-W-Va cost there0t, mcluding but not limited to, engineering, Iegal, and contingent costs, together with any damages, either direct or consequential, which may be sustained on account of the failure of the PRINCIPAL to carry out and execute all the obligations for consftWion of Required Improvements pursuant to the REGULATIONS and PERMIT. IN WITNESS VVIIEREOF, the PRINCIPAL has executed these presents this I I th day of Feb 2016 ATTEST: (signature of other corporation officer) (typed name) (Impressionable corporate seal) WOMRM�' corporation, v. aeRres.). l > A efn Iz-VAlon" Fl- z Page 246 of 555 Bond No. SU40078 STATE OF COUNTY OF, WrINESS my hand and official seal this day of —.it 20 My commission expires: U, "Y I kr 'Notary Public LIN (SURETY SIGNATURE BLOCK) WITNESS: ME RW wn!,A) n F— M1, BY: Christine Marotta, its attorney-in-faa (power of attorney must be attached) 1 0 # 0 Page 247 of 555 BEFORE ME personally appeared Christine Maro who is personally known to me or has produced Drivees Licignse, respectively as identification, and who executed the foregoing instniment, and "w •'a before me that she executed said instrument for the purpose expressed therein. WITNESS my hand and official seal this, 106L -day of - rVJCrjdUjA 20 j My commission expires: 10/22/2019 _74A04-0 A Notary Public OMM SEAL (Seal) NCMMC4*M NoWy Public - SIM of 0016 Ommimim EY, r) i M 2019 WIMMI =.! Page 248 of 555 , Enginattes Satimsto For Casa Dal Mar a Improvements in 167 ° _ 2.1 Q. 121 x 1191so I �l I rllll�ll� ■IIT I I�Illlll _ IIIIIIII � � �� 1 I� EARTHWORK04 NERAL CONDITIO Z660 1 ., Oe , , I F �. __.Oil Im plicrUllyperylsio4 Wood 7( 1 I} bI: ;: is inlet Prolootioniffit Pence 5 Bonier f Id®RCP _.... eRF 296®3 11,248 �rd _®--brain VA 1 i<. �7 vw Itch t (4 2 IP) E 111800 h^Fo'h ON In ! oxorato Ap-mah—Werel sAeii 2400112' ItaricrLEWIp Biplance n 12 ®..EA .. IB .... _ ._ .. ;r. .cv Linoy .fir t; i .. IIo .. • i.,nL. RAL__ PT UTFALI, P P� a ... m.. 'F he Grade Dry Retention Area Banks �_�.... 1.7� _. F, 616 1 kelecatePower Pole d' t ®... .eL 2 i ILL I b. , _ _+ L.. 080.1 ..... 1 Q ; vn •, # MF r a iL ! iYa Y VIII I i �I Page 249 of 555 167 ° _ 2.1 Q. 121 x 1191so I _._ _._ 1 ��' Z660 1 ., Oe , , I F �. __.Oil aP _ . . bI: ;: LIPk"', f Id®RCP _.... eRF 296®3 11,248 �rd _®--brain VA 1 790 ' �7 vw Itch t (4 2 IP) E 111800 h^Fo'h ON In ! oxorato Ap-mah—Werel sAeii 2400112' 00 12 ®..EA .. IB .... _ ._ .. __-..... IIo .. RAL__ PT UTFALI, P P� a ... m.. ..0.. �_�.... 1.7� _. F, 616 1 T7.+6 ®... .eL 2 A i Ni Rahol� [T'�os .l , twY� .... _ ....... _ b. , _ _+ L.. 080.1 ..... 1 Q ; Page 249 of 555 M Engineer's Estimate For Cass Del Mar - On431to Improvements Cess Del M or —AuJutt 12 ., 1 �mMIMII�� III INilllll ����I I 48* outral thr" Seawall Nuft..-ftwg ontoI dg tz .., goo W ,C. ut In Manholes V-81 k Y i0i re ±K s r. ei Note: All N x1, Iftni u:rench Be". s�if ♦ 'rt; !'� a' Mal 12.000 3onn ,. i' .� i { [ ,t YBUIn.. C w1 1p ►SEnhery Sewer Meg Page 250 of 555 Aspen American luau nee Company 175 Capital Boulevard, Rocky ailly CIr 06067 ItM t T DO" Q A -'.-AAM IN WrMEL9S WF]EREOF, Asp" American h1surance Company has caused this iniftument to be a dand! c lob h day of Fohnuay. 2014, WN ts 01POW13 WW 0 eretodfted this 28th STATE OF CONNECTICUT Aspen American Insurance Company S. ROCKY HEL r--' 7 COUNTY 6F HARTFORD CgT' 't Sadowsky, iie—nioi-Vj Lla�=. mi Nalsay Public MY co on ovires: 513 U2016 In full SoriAzz; una zRILzinom. mat Ine Fiesciiiiings of ffie Ekxmb of Mackin; as ad 93A sbM am now am MW G�M under MY lumd. and seal of add CoulpaW, in Rocky Hok Catinectiout. •Name: $WU SWGwft Senior Vice ?Mid For VOMC8600 efths RuthAntiCRY Of*a ftWw OfAticracy you may call (960) 760-7729 Mlog% fOr WWlXMfldLThbcr@Wen-lnsucanMCom f 8L M st Page 251 of 555 Engineer's EStimste For Casa Dei Mar - On -Site improvements 5" c 0 E E 0 0 $432'440 03.ZBO %". $224,798 J 12G368 m " s _ 0 page 1 K��x g Page 252 of 555 6.G. CONSENTAGENDA 6/6/2017 REQUESTED ACTION BY COMMISSION: Approve the release of the performance bond No. 016059438 in the amount of $43,312 and a surety bond in the amount of $16,638.80 for the project known as Vista Lago in connection with the water and sewer utilities. EXPLANATION OF REQUEST: This project involved the construction of new water and sewer utilities, including a new wastewater lift station, to serve the Vista Lago residential development, west of Military Trail and south of Hypoluxo Road. All utilities have been completed, the project has been closed out, and the systems are performing without any issues. Utility easements have been dedicated and recorded. The utility bonds should be released to: D.R. Horton, Inc. Attn: Sharon Cino 6123 Lyons Road, Suite 100 Coconut Creek, FL 33073 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Boynton Beach Utilities is providing water and sewer services to the community, and the utility systems are performing without any issues. FISCAL IMPACT: None. ALTERNATIVES: None. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 253 of 555 ATTACHMENTS: Type D Addendum REVIEWERS: Department Utilities Assistant City Manager Finance City Manager Reviewer Pigott, 6e\As I - Groff, Colin Howard, Tim LaVerriere, Lori Description Vista Lago Bonds D ate 5/22/2017 ® 11:52 AM 5/22/2017 ® 1:02 PM 5/31/2017 ® 10:08 AM 6/1/2017 ® 4:39 PM Page 254 of 555 MEMORANDUM twig TO: Sue Moroney, Revenue Manager, Finance FROM: Chris Roschek, Engineering Division Manager, Utilities DATE: June 28, 2013 RE: Surety/Fee Transmittal — Vista Lago Onsite (5% Surety for Water) I FOP IT. I I I I I CASH BOND Check No. 9308909703 Chase Cashier's Check — D.R. Horton Inc. ADMINJINSPECTION FEE: Check No. Check no, Based OST DOCUMENTATION: Engineer's Estimate Copy of Contract #t.!.er F4110014114 F4 10 Clio k MEERROM Amount Water $ Amount Sewer $ Total $ � �W If you have any questions, please call me at ext. 6413. Thank you. Attachment CJR M Page 255 of 555 CASHIER'S CHECK Remitter D.R. HORTON INC. Pay To The CITY OF BOYNTON Order RECEIVED JUN 2 6 2013 Customer Copy 9308909703 05/17/2013 $ '*******16,638.80 *** NON NEGOTIABLE Note: For 10brmation only. t on bank's payment. TFRMR KEEP THIS COPY FOR YOUR RECORD OF THE TRANSACTION. PLEASE CONTACT CHASE TO REPORT A LOSS OR FOR ANY OTHER INFORMATION ABOUT THIS ITEM. .40LD DOCUMENT UP TO THE UGHT TO VIEW TRUE WATE. K CHASE(aip Romitter HORTON INC. • HOLD DOCUMENT UP TO THE LIGHT TO VIEW TRUE WATERMARK 9308909703 25-3 Date 05/17/2013 440 s :# ora JPMORGAN CHASE BANK, NA. Mote For information only. Comment has no effect on bank's payment Sons sr° Vjr*JF'MoKpr(7,has-P, Rank, NA i air e lu'930�9D9?D3u� �.D44DDDI3?'l0 ?5��6L375E1■ Page 256 of 555 I MMLEY-HORN AND ASSOCIATES, INC. 112=13 1690 SOUTH CONGRESS AVE, SUITE 100 Waste Logo Onsite UtIlky Constrection DELROW BEACH, FLORIDA 33M (561) 3304345 KKA JOB NO. Gusisoui All opinions rendered herein as to cast represealt the Engineer's best judgement The Engineer does not guarankle, that adual cost will not wary from apirdon of coaL M, M7 =.. gr*11�1 nompT,- =;,, Th* Erglaoorr hoop coolal onor He c*W of lobar, nwWWo, equonnonl. ra-MoO, of dhrmhN plm . ar germ . raft. Ndft or loodoot condflars. 004ari d p.bable -ft pWded Min drab on" Wonamfirn laevrn W Ee—w at ft 1.0 and raplftsM MV to B4-wes jAbrowt aro t doscia prafeftkwal banlor wb In cormurfion Muft. Th. Erakw%or cannat and doev not wwa*m d propsaft, bift, . of ... burden .1. wW W owy ft. ft pkb- d probabbs dL C..W ro, —hr aral — p1p. Mad. d Map ..d q. par BphIn Boorh dMA. Cog for applamble dwm poo kWAn OeFA barah ad* ragoftmerrIL Wchad D. Spruce. P.E. KABCD—CrvM251 9001 - Vista Lap4DocurnerrIsIOPCU013.01.22 Onsite rifir(des OPC for C4 of BB.)dsx Page 257 of 555 V'DIP Water Main $33,00 V C400 PVC Wabw Main WAG 1lZ'DIPWaftrMaln $62.00 Fire hydrant assembly K100.00 W, astol VadveF ,000.00 1 12" Coate Vain SZ100.00 Sample points $312LO Torminall blowaff $1.0noo Double service $1.10 ale mce $6 6" DIP Fomo Mam V'C-90 PVC San" Pipe ft d"p) r C -M PVC Sanitary Pipe (S-10 ft deep) 0' r,900 PVC Sanitary Pipe (10-12 ft deep) Manhoki (0-a') mgnhofm (W-10') Manhole (10' -ILP) Manhole 1112'-Ifl Single cameo (C-00 PVC1 ad cloal"ads Double service IC400 PVC) wd cleanaufa LM Station Th* Erglaoorr hoop coolal onor He c*W of lobar, nwWWo, equonnonl. ra-MoO, of dhrmhN plm . ar germ . raft. Ndft or loodoot condflars. 004ari d p.bable -ft pWded Min drab on" Wonamfirn laevrn W Ee—w at ft 1.0 and raplftsM MV to B4-wes jAbrowt aro t doscia prafeftkwal banlor wb In cormurfion Muft. Th. Erakw%or cannat and doev not wwa*m d propsaft, bift, . of ... burden .1. wW W owy ft. ft pkb- d probabbs dL C..W ro, —hr aral — p1p. Mad. d Map ..d q. par BphIn Boorh dMA. Cog for applamble dwm poo kWAn OeFA barah ad* ragoftmerrIL Wchad D. Spruce. P.E. KABCD—CrvM251 9001 - Vista Lap4DocurnerrIsIOPCU013.01.22 Onsite rifir(des OPC for C4 of BB.)dsx Page 257 of 555 M -Ru Ma" T lu I I a I I I Q%11 WO WIN TO: Sue Moroney, Revenue Manager, Fle==- FROM: Chris Roschek, Interim Utilities Director C:sp-- DATE: March :\.\#1f RE: Surety/Fee Transmittal — Vista Lago Onsite (5% Surety for Water & Sewer) PERFORMANCE BOND: Bank: Liberty Mutual Insurance Company CASH BOND SEWER ??:?<»»;y< »»»: (@ $1.75/L.F.) Check no. Based on L.F. rfil; # odd d �1« y: Engineer's Estimate v1 Copy of Contract Other 01 IT07 M11 Amount Water $ Amount ~ewer/ If you have any questions, please call me at ext. 6413. Thank you. Page 258 0 555 EXHIBIT'W-3" (LDR, Chap. -(LDR, Chap. and No. 016059438 a I as I W cog 14 W&MRS Q - - Ter -f --Ty- Orr r-l-e—er' are ffe d - = bound unto he City of Boynton Beach, a political subdivision of the State of Florida, hereinafter called CITY, the fiflI and just sum of Fprt 1. Three Thousand, Three Hundred Twelve and 00/100 U. S. Dollars ($42aL2.00 lawful money of the United States of America, to be paid to the City of Boynton Beach, to which payment will and truly be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: a I IM [$0 Neill 4 1 rJW =J=Hal =1V 4 lI I W. W. W. !' 71mmg-mo-J& 11IM-Wa. 1-YW." . , - I M-1 MCI, the Subdivision, Platting and Required Improvements Regulations, Chapters 2.5, 5 and 6 rewective4 of the Land Develo"t Reeulations of the City of Bovnton Beach. hereinafter the 7en -it 11&Tnwl�. 4K min"U" fill %,"is MOM inTuLu LIFE uj rci== VICI 10111 *1 SA rd;�VLIFVU _L11 colly 01 made a part hereof-, and WDEREAS, it was one of the conditions of said REGULATIONS and PERMIT that bo -f -d be executed - NO 1 PRINCIPAL shall in all respects comply or cause others to comply with the te= and conditioin of said PERMIT, within the time specified, and shall in every respect fulfill [its] [his] [her] [thei- obligation thereunder and under the plans therein referred to, then this obligation to be i, i:,. otherwise, it shall remain in full force and effect. I-10- 11111,11MWISIV4011 - I .. A 1 0 41,4"40151MINION Page 259 of 555 The SURETY UNCONDITIONALLY COVENANTS AND AGREES that if the PRINCIPAL fails to perform all or any part of the construction it required by said PERMIT and REGULATIONS within thetime specified, the SURETY, upon thirty (30) days written notice from the CITY or its authorized agent or officer, of the default, to the PRINCIPAL or its authorized agent or officer, will forthwith perform and complete the aforesaid construction work and pay the cost thereof, including, but not limited to, engineering, legal, and contingent costs, together with any damages either direct or consequential. Should the SURETY fail or refuse to perform and complete the said improvements, CITY, in view of the public interest, health, safety and welfare factors involved and the inducement in approving and filing the said plat, shall have irve right t-v-re;w-tt-t*E.TvVj and all legal remedies at law and inequity including specifically the specific performance, to which the PRINCIPAL and SURETY unconditionally agree. . The PRINCIPAL AND SURETY FURTHER JOINTLY AND SEVERALLY AGREE that the CITY, at its option, shall have the right to construct or, pursuant to public advertisement and receipt of bids, cause to be constructed the aforesaid improvements in case the PRINCIPAL should fail or refuse to do so in accordance with the terms of said PERMIT. In the event CITY should exercise and give effect to such right, the PRINCIPAL and SURETY shall be jointly and severally liable hereunder to reimburse the CITY the total cost thereof, including but not limited to, engineering, legal, and contingent costs, together with any damages, either direct or consequential, which may be sustained on account of the failure of the PRINCIPAL to carry out 7-nd execute all the obligations for construction of Required Improvements pursuant to the REGULATIONS and PERMIT. IN WITNESS WHEREOF, the PRINCIPAL has executed these presents this 20'h day of Februar 1,20 14. 003", 1041", IMI".1 41 ATTEST: M =1 Deerfield Beachg 33442 Page 260 of 555 BFFORF ME nersnnal1v anneared RoTad PO(_OL who is �ersonafly known to me, or has r•duced as identification, and who -59- executed the foregoing instrument as [Vice] President of corporation, and severally acknowledged to and before me that [he][she] executed sucl instrument as such officer of said corporation, and that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that it was affixed to said instrument by due and regular corporate authority, and that instrument is the ftee act and deed of said corporation. WITNESS my hand and official seal this )—IS+ da , 2014, My commission expires: I/J7/ L .. No Public MIJ I IMIM o�g ..... MARIE M. VACULA -'State of Florida re" Notary Public Lil i Commission # EE 21-7045 Liberty Alutual Insurancea rjDapy, 9_JL?tFf`1' BY: Marg ret A. tinem its Attorney -in -Fact WEBB =- Page 261 of 555 Willis of Florida, Inc. ADDRESS: 4211 W. Boy Scout Blvd.,Ste. 1000 Tampa, FL 33607 Inquiries: (813) 281-2095 STATE OF Florida 'C'OUNTY OF Hillsborough BEF ORE ME personally appeared Margaret -A. Ginern who[isffare] personally known to me or [has] [have] produced Personally Known [and respectively] as identification, and who executed the foregoing instrument, and acknowledged before me that [he] [she] [they] executed said instrument for the purpose expressed therein. My commission expires: ► MoM Notary Public Marianefla Barnola (Seal) Page 262 of 555 TH[t POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Pbwarof Attorney limits the acts of those named hereln,.and they have no authority to bind the Company except in the mannerand to the extent herein stated. Certificate No 16156584 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the 'Companies"), pursuant to and by authority herein set forth, does hereby name, constitute ard'appoint, - Aneft Cardinale.-Caml H. Hermes-. David Ej. CEIrr, Elleart Q. Heard; Linda Honn:-Margaret A Ginem all of the city of Tampa _ . state of FL each individually if there be more than one named, its true and lawful attorney-in-fact to make; execute, seal, acknowledge and deliver, for and on its behalf as surety and as ds act and deed, arty and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by secretary of the Companies in their own proper persons IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 6th day of June 2013 cc American Fire and Casualty Company r The .Ohio Casualty Insurance Company Liberty Mutual Insurance Company .r t= € ; t E' $' WestAmencan insurance Company 7 B 'rs STATE OF WASHINGTON ._, ss Gregory VV Davenport, Assistant Secretary C COUNTY OF KING C ® 0 On this 6th day of June 2013before me personally appeared. Gregory W. Davenport, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer rn LUC IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Seattle, Washington, on the day and year first above written 0 A- By: � KID Riley , Notft Public C E This Power ofAttorneyis made and executed pursuardto and byauthornyof the following By-laws andAuthonzations ofAmerlcan Fire and Casualty Company, The Ohio Casualty Insurance M Company, Liberty Mutual Insurance Company, and WastAmedcan Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV — OFFICERS — Section 12. Power ofAttomey. Any officeror otherofficial of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject C to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -In -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, retwgnizam�s and other surety obligations Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so -® executed, such instruments shall be as binding as if signed by the President and attested to by Secretary. Any power or authority granted to any representative or attomey-in-tact under > the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer oroffioers granting such power or authority. .c 04 ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, *' and subject to such limits lions as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognmences and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their = e9 respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so r executed such instruments shall be as binding as if signed by the president and attested by the secretary, 0 Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Gregory W. Davenport, Assistant Secretary to appoint such ~ r attorneys•m-fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, David M. Carey, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Companydo hereby certify that theoriginal prover of aitomeyof which the foregoing Is a full, true and correct copy of the PowerofAttomey executed by said Companies, is in full foie and affect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 20th day of February , 20 Z4 a Q ". �' i 'i �':k,, a s Dav. Want eci tary LMS 12678_092012 P KIMLEY--HORN AND ASSOCIATES, INC. 1690 SOUTH CONGRESS AVE., SUITE 100 DELRAY BEACH, FLORIDA 33443 1581) 330-2246 Opinion of Probable Construction Cost for Onsite Water and Sewer Only Preliminary Opinion of Probable Project Coats for Demolition, Earthwork, Utilities and Drainage All apinions rendered herein so to coat, represent the EngIneers beat judgement The Engineer does not guarantee that actual east will not vary from opinion of cost. 11i8M012 Vista Lago KHA JOB NO. 042519001 IM 111�111 � mw'.M� ON SITE COSTS MOMILZATIONIMISC. SIT RK 109 Mobilization 0.25 La 525,500.00 $6,260.00 ; 102 Survey Stakeout 0.25 LS $39.830.00 $9,967.60 903 Record Survey 0,76 LS $19,680.00 $4,820.G,0 104 Dewabrin 0.26 LS *40,000.00 $101".00 Subtotal _ 127.60 ON-SITE WATER 201 8, DIP water Main 3,200 LF 633.00 $106,800.00 202 12" DIP Wider Main 2,213 LF $52.00 $116,076.00 203 Fire hydrant assembly 7 FAA 44,100.00 $26,700.00 204 0°° Gab Valve a EA 41,800.00 $12,800.00 206 12" Gam Valva 3 EA $$100.00 $6,300.00 208 Semple points 0 EA $312.50 $2,400.00 207 Terminal blomff 3 EA $1,034.00 $3,902.00 206 Double service 42 EA $1,100.00 $461200.00 209 Single service 22 EA $639.00 $K858.80 Subtatel S 386.00 ON-SITE SANITARY 409 0" DIP Forte Main 1,957 LF $22.00 $43,064.00 402 8" C400 PVC Sanitary Pipe (0-a R deep) 1,986 LF $27.00 393,622.00 403 8" C•800 PVC Saakary Pipe (8-10 it deep) 1,102 LF $35.00 338,570.00 404 9" C-900 PVC San Bary Pipe (1042 R deep) 609 LF 444.00 $36,666.00 405 Manhole (08°) 9 EA $4°600.00 $401900.00 406 Manhele(6°40°) 5 EA $6,180.01 $30,049.66 407 Mtnhele (10°-12°) 2 EA $7,223.57 $14,447.14 408 Manhole 112°44°) 1 EA $8,933.66 $8,633.66 409 Single service (C-900 PVC) wP cleancum 10 EA $600.00 $6,000.00 410 Double service (CA00 PVC) wf cloonoub 46 EA ST75.00 $37,200.00 419 LM Station 1 EA $225,000.00 $226,000.00 492 Teles action (By City of BS 3,98T LS 1.76 4S 877.26 Subtotal 3640 9.80 -- — TOTAL ON-srrE T5„".ret 1 _J=;' ? tt „n'>i s , .,(t{lr ' l Iz i", '' 5911b,973.70 Th. F peaxrh.aao control—the m.tabbar, malabb, aqupmark orowrla CanbaeMr'am Mccla ofd.tmmeg prE®a orowreartp.nite 81m1bp ornorWcond9bna. Ophlona ofprobabb maksprwAded n.ln.n bid m the Mammon kn—m Erghea atai tlwe and repnesx,9 onlythe Enghaa'aJudpmarlas a dwign proeeisne emaarwith 1ho mnehuctlDn htlwby. The Engine mnrotaM doesret ara,be that propa..b, bid., or wmm eon.truwon eoarawa not wry5am it. oQ,one of probablo wee. CodaMrwaterand—pipoeffidudoala —d cape pa9oynbn Beach dffWlk. coot far.pploebb.bnn p4. n.Ascla.OauA U—h nMyngrinmerh. K:MCD CM8042599001 - Vista Lago DocumentsOPM012.11.08 Complete Onaile-Cffaks with tabaidex JAI Page 264 of 555 6.H. CONSENTAGENDA 6/6/2017 REQUESTED ACTION BY COMMISSION: Approve the reference generator as surplus equipment as submitted by Utilities and Warehouse departments and allow the City to use online auction website, Govdeals.com as the disposal method for this and various other future surplus. EXPLANATION OF REQUEST: We are requesting to use GovDeals.com as an option to dispose the 1250kw Baldor generator (Asset #10487) and various future surplus equipment. Some surplus items are either unique in nature or specific as to possible purchasers so the use of an online auction service (Govedeals.com) that is designed for government type equipment will be advantageous for the City to realize the maximum dollar amount when disposing of city assets. The generator is in need of major electrical repairs and will need a complete new enclosure. The City will pay no fees and will receive the full sale amount. GovDeals charges a 12.5% buyer's fee, which the buyer pays in addition to the sale price. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The disposal of surplus equipment will eliminate the need to store equipment. FISCAL IMPACT: The revenue generated from the sale of surplus will be placed in accounts designated by Finance. ALTERNATIVES: To store items and go out for public auction which will incur staff cost and other related expenses. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 265 of 555 Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Addendum Generator REVIEWERS: Department Reviewer Action Finance Howard, Tim Approved Finance Howard, Tim Approved Assistant City Manager Howard, Tim Approved Legal Swanson, Lynn Approved City Manager LaVerriere, Lori Approved D. - 5/31/2017 - 4:29 PK( 5/31/2017 - 4:29 PK( 5/31/2017 - 4:29 PK( i/l/2017 - 11:42 AM Page 266 of 555 6.1. CONSENTAGENDA 6/6/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/6/2017 REQUESTED ACTION BY COMMISSION: Accept the Fiscal Year 2016-2017 Budget Status Report of the General Fund and the Utilities Fund for the seven (7) month period ended April 30, 2017. EXPLANATION OF REQUEST: This report summarizes the adopted funding sources and expenditure budgets for the City's General Fund and Utility Fund for the seven (7) month period ended April 30, 2017 (58% of the fiscal year). The analysis compares: • Actual results for the current period to the annual budget • Actual results for the same period of the prior year annual budget HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The annual budget is what provides and controls the resources for City programs and services. FISCAL IMPACT: The annual budget and results to date for the General Fund and Utility Fund. GENERALFUND The General Fund chart above reflects revenue in excess of expenditures (dollars in thousand) yielding a $11.5M surplus for the period ending April 30, 2017. Revenues & Transfers (Exhibit A) — Budgeted Funding Sources: Property taxes and other revenues provide funding sources of $64.6M or 81% of our total $79.4M General Fund budget estimate for FY 2016-17. Transfers from other funds (non -revenues) provide $14.8M or 19% of the total funding sources to balance our $79.4M General Fund budgeted expenditures. These three major estimated funding sources are summarized as follows: 1. 40% - $ 31.6M —Property taxes less Tax Increment Financing to the CRA 2. 41% - $ 33.OM —All other revenues plus General Fund Balance 3. 19% - $ 14.8M — Transfers from other funds 100% - $ 79AM — Total funding sources Page 268 of 555 FY 2016-17 FY 2015-16 FY 2017 vs. 2016 Annual Actual to Date Annual Actual to Date Budget Actual Budget Amount % Budget Amount % % % Revenues $ 79,401 $ 61,392 77% $ 76,518 $ 59,437 78% 3.8% 3.3% &Transfers Expenditures $(79,401) $(49,804) 63% $(76,518) $(49,125) 64% 3.8% 1.4% Excess (Deficit) $ - $ 11,558 $- $ 10,312 The General Fund chart above reflects revenue in excess of expenditures (dollars in thousand) yielding a $11.5M surplus for the period ending April 30, 2017. Revenues & Transfers (Exhibit A) — Budgeted Funding Sources: Property taxes and other revenues provide funding sources of $64.6M or 81% of our total $79.4M General Fund budget estimate for FY 2016-17. Transfers from other funds (non -revenues) provide $14.8M or 19% of the total funding sources to balance our $79.4M General Fund budgeted expenditures. These three major estimated funding sources are summarized as follows: 1. 40% - $ 31.6M —Property taxes less Tax Increment Financing to the CRA 2. 41% - $ 33.OM —All other revenues plus General Fund Balance 3. 19% - $ 14.8M — Transfers from other funds 100% - $ 79AM — Total funding sources Page 268 of 555 The property tax rate for FY 2016-17 is 7.9000 mills, no change from the prior year; the net property taxes of $31.6M in FY 2016-17 represent an 7.48% increase in property tax revenue or an increase of $2.2M from FY 2015-16. To balance the budget in FY 2016-17, it required transfers from other funds of $14.8M representing 19% of all funding sources. Actual Funding Sources Realized: At the end of the seventh month in FY 2016-17, revenues and transfers realized are approximately $61.4M of the budget estimate compared to $59AM realized to date in FY 2015-16. Ad Valorem Taxes, net of discounts and TIF taxes to the CRA, received to date was $30.2M as compared to $28.1M for FY 2015-16, as noted on Exhibit A. Expenditures (Exhibit B) Budgeted Expenditures: Overall, appropriations increased approximately 3.8% from $76.5M to $79.4M. The budget increase was due to the cost of doing business, providing funding related to wage increases, equipment and additional personnel. Actual Expenditures — General Fund expenditures for the seven month period ending April 30 (58% of the fiscal year) are $49.8M which is 63% of the $79AM expenditure appropriation for FY 2016-17. Note: the City's annual pension obligations for General Employees, Fire, and Police are paid in the first month of the fiscal year. The table at the top of Exhibit B displays actual expenditures of $49.8M or 63% of the FY 2016-17 budget. At this point in the fiscal year, FY2016-17 spending levels are $.7M ahead of the $49.1 M or 64% expended in FY 2015-16 for this same period. UTILITY FUND The FY 2016-17 annual expenditure budget of $42.24M represents a $27K increase from the FY 2015-16 budget of $42.21M. The operational forecast reflects an estimated increase of $1.2M of the fund balance for FY 2016-17. FY 2016-17 FY 2015-16 FY 2017 vs. 2016 Annual Actual to Date Annual Actual to Date Budget Actual Budget Amount % Budget Amount % % % Revenues $ 42,245 $ 26,228 62% $ 42,218 $ 25,926 52% 0.1% 1.2% &Transfers Expenditures $(42,245) $(24,164) 58% $(42,218) $(23,991) 49% 0.1 % 0.7% Excess (Deficit) $ - $ 2,064 $ - $ 1,935 For the seven month period in FY 2016-17, • Revenues realized are $26.2M (62%) of the annual budget estimate. • Expenditures incurred are $24.1 M (57%) of the annual appropriated budget. This resulted in revenues in excess expenditures which yielded a surplus of approximately $2.OM. Expenditures (Exhibit D) — Utility Fund FY 2016-17 expenditures to date are $26.2M or 62% of the annual appropriation compared to expenditures of $25.9M or 61% for the prior fiscal year (which excludes Page 269 of 555 depreciation and the joint ventures expenditures). ALTERNATIVES: Discuss this Budget Status Report or request clarification at the City Commission meeting. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Action Type D Addendum D Addendum D Addendum D Addendum REVIEWERS: Department Finance Finance City Manager Description GF Revenues, Budget to Actual thru April 30, 2017 GF Eexpenditures, Budget to Actual thru April 30, 2017 OF Revenues, Budget to Actual thru April 30, 2017 OF Expenditures, Budget to Actual thru April 30, 2017 Reviewer Action Date Howard, Tim Approved 5/31/2017 ® 12:41 PM Howard, Tim Approved 5/31/2017 ® 12:41 PM LaVerriere, Lori Approved 6/11/20117 ® 4:55 PM Page 270 of 555 EXHIBIT A CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS STATEMENT OF REVENUES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended April 30, 2017 (58% of Fiscal Year) S:AFlnance/Flnancial Repor[sAlonthly Financial Repor[s/FY2016-2017/Budget Review - GF - t1uu Apr 17 Swutmrized001 Revenue Summary Revised Page 2/131o,of 555 REVENUES FY 2016-17 FY 2016-17 TO DATE FY 2015-16 FY 2015-16 TO DATE ACCOUNTS BUDGET REVENUE % BUDGET REVENUE % APPROVED $ 38,322,309 REALIZED $ 36,955,085 REALIZED 96% APPROVED $ 35,437,711 REALIZED 34,168,503 REALIZED 96% AD VALOREM TAXES, net LESS TIF TAXES TO CRA 6,682,137 (6,682,137) 100% 5,985,241 (5,985,241) 100% NET TAXES TO THE CITY 31,640,172 30,272,948 96% 29,452,470 28,183,262 96% LICENSES AND PERMITS BUSINESS TAXES 1,656,000 1,598,507 97% 1,545,000 1,543,897 100% BUILDING PERMITS 2,417,000 1,388,310 57% 2,154,000 1,242,000 58% FRANCHISE FEES 5,065,000 2,609,785 52% 4,830,000 2,730,728 57% OTHR LICENSES, FEES & PER 218,000 197,946 91% 180,000 202,497 112% INTERGOVERNMENTAL REVENUES OTHER FEDERAL REVENUE 85,000 7,258 9% 130,000 16,162 12% STATE SHARED REVENUES 8,674,000 4,350,554 50% 8,239,000 4,772,712 58% SHRD REV FROM OTHR LCL 310,000 67,509 22% 395,000 93,793 24% CHARGES FOR SERVICES PYMTS IN LIEU OF TAXES 121,300 134,833 111% 121,300 120,133 99% CHRGS-GENERAL GOVT 459,500 280,349 61% 459,000 341,744 74% PUBLIC SAFETY 5,133,816 4,687,927 91% 4,870,949 3,808,184 78% PHYSICAL ENVIRONMENT 20,000 (475) -2% 20,000 11,576 58% CULTURE/RECREATION 415,500 276,026 66% 410,500 262,370 64% INTEREST & MISC REVENUE LIBRARY FINES 30,000 12,546 42% 30,000 9,844 33% VIOLATIONS LOCAL ORD. 720,000 330,188 46% 595,000 453,336 76% INTEREST EARNINGS 50,000 41,049 82% 50,000 36,752 74% RENTS AND ROYALTIES 368,800 255,928 69% 367,200 202,985 55% SPECIAL ASSESSMENTS 5,541,500 5,385,342 97% 5,541,500 5,376,744 97% SALE OF SURPLUS MATERIAL 2,000 1,259 63% 2,000 1,187 59% OTHER MISC. REVENUE 625,000 249,665 40% 233,000 173,513 74% INTERNAL FUND TRANSFERS TRANSFERS 14,842,000 8,657,833 58% 16,442,000 9,591,167 58% FUND BALANCE APPROPRIATED 1,006,726 587,257 58% 450,645 262,876 58% Total Revenues $ 79,401,314 $ 61,392,544 77% $ 76,518,564 59,437,462 78% S:AFlnance/Flnancial Repor[sAlonthly Financial Repor[s/FY2016-2017/Budget Review - GF - t1uu Apr 17 Swutmrized001 Revenue Summary Revised Page 2/131o,of 555 S: TinanceTinancial ReportsAlonthty Financial ReportsTY2016-2017\Budget Review - GF - flim Apr 17 Su-arized001 Expenditure Summary Revised Page. 27-2lof 555 EXHIBIT B CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS STATEMENT OF EXPENDITURES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended April 30, 2017 (58% of Fiscal Year) EXPENDITURES FY 2016-17 FY 2016-17 TO DATE FY 2015-16 FY 2015-16 TO DATE ACCOUNTS BUDGET EXPENDED % BUDGET EXPENDED % APPROVED EXPENDED APPROVED EXPENDED GENERAL GOVERNMENT CITY COMMISSION $ 231,706 $ 168,156 73% $ 260,692 $ 131,224 50% CITY MANAGER 696,119 477,502 69% 675,310 419,869 62% CITY HALL/GEN. ADMIN. 4,039,726 1,329,669 33% 2,441,639 1,244,390 51% MARKETING/COMMUNICATIONS 314,841 178,347 57% 234,811 162,256 69% CITY CLERK 605,165 293,826 49% 611,709 391,377 64% CITY ATTORNEY 615,411 277,694 45% 645,944 326,161 50% FINANCIAL SERVICES 1,186,767 659,379 56% 1,175,704 782,245 67% ITS 2,247,432 1,302,661 58% 1,921,828 1,238,985 64% HUMAN RESOURCES 806,830 433,482 54% 720,200 421,485 59% PUBLIC SAFETY UNIFORM SERVICES 16,197,211 10,873,350 67% 15,809,178 10,376,230 66% ADMINISTRATIVE SERVICES 3,715,348 2,317,432 62% 5,269,636 3,469,093 66% SUPPORT SERVICES 9,151,124 6,230,833 68% 8,782,483 6,022,139 69% FIRE 21,789,868 14,911,222 68% 22,767,587 14,871,501 65% COMMUNITY STANDARDS 2,191,683 1,073,296 49% 0 0 0% EMERGENCY MANAGEMENT 22,870 3,742 16% 81,914 6,526 8% BUILDING & DEVELOPMENT DEVELOPMENT 1,091,800 717,225 66% 1,013,150 665,438 66% BUILDING 1,200,588 817,655 68% 1,184,195 713,360 60% ENGINEERING 693,132 420,128 61% 716,777 461,150 64% PLANNING & ZONING 733,234 501,245 68% 757,498 504,848 67% ECONOMIC DEVELOPMENT 231,749 59,779 26% 245,731 120,074 49% PUBLIC WORKS PUBLIC WORKS 223,397 148,848 67% 235,695 149,160 63% FACILITIES MANAGEMENT 1,851,035 974,584 53% 1,541,462 908,586 59% STREETS MAINTENANCE 1,128,602 563,239 50% 1,100,307 612,881 56% LEISURE SERVICES LIBRARY 2,253,461 1,429,864 63% 2,261,401 1,449,617 64% SCHOOLHOUSE MUSEUM SERV 269,372 182,443 68% 301,653 214,280 71% RECREATION 2,960,081 1,793,009 61% 2,990,094 1,857,478 62% PARKS & GROUNDS 2,952,762 1,643,069 56% 2,771,966 1,591,987 57% CRA REIMBURSABLE & RESERVES - 22,788 0% - 13,034 0% Total Expenditures $ 79,401,314 $ 49,804,467 63% �$-- 76 518 564 $ 49,125,374 64% S: TinanceTinancial ReportsAlonthty Financial ReportsTY2016-2017\Budget Review - GF - flim Apr 17 Su-arized001 Expenditure Summary Revised Page. 27-2lof 555 EXHIBIT C CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF REVENUES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended April 30, 2017 (58% of Fiscal Year) 5:\Finance\Financial Reports\Monthly Financial Reports\FY2016-2017\Budget Review - OF - thru Apr 17 Summariwd401 Rev Sum Page 273 of 555 REVENUES FY 2016-17 FY 2016-17 TO DATE FY 2015-16 FY 2015-16 TO DATE ACCOUNTS BUDGET REVENUE % BUDGET REVENUE APPROVED $ 20,250,000 REALIZED $ 12,916,531 REALIZED 64% APPROVED $ 19,490,000 REALIZED $ 12,086,390 REALIZED 62 WATER SALES WATER CONNECTION FEE 25,000 52,592 210% 25,000 31,125 125% WATER SERVICE CHARGE 750,000 596,686 80% 750,000 481,670 64 WTR-BACKFLOW PREVNTR TEST 10,000 8,350 84% 5,000 11,900 238 RECLAIMED WATER SALES 60,000 40,758 68% 60,000 32,233 54 SEWER SERVICE 18,500,000 11,072,612 60% 17,988,000 10,965,278 61 STORMWATER UTILITY FEE 3,800,000 2,230,954 59% 3,790,000 2,206,553 58% TELEVISE SEWER LINES 3,500 - 0% 2,500 5,180 207% FEES 15,000 772 5% 10,000 18,730 187 INTEREST INCOME 35,000 8,600 25% 40,000 15,123 38% SALE OF SURPLUS EQUIP. - 1,655 0% - 975 0 OCEAN RGE UT TAX ADM CHG 800 412 52% 800 466 58 BAD DEBT RECOVERIES - - 0% 500 - 0 MISCELLANEOUS INCOME 399 0% - 37,645 0% TRANSFER FROM SANITATION FUND -0% - - 0 FUND BALANCE DECREASE (INCREASE) (1,204,004) (702,336) 58% 56,108 32,730 58 TOTAL REVENUES $ 42,245,296 $ 26,227,985 62% $ 42,217,908 $ 25,925,998 61 5:\Finance\Financial Reports\Monthly Financial Reports\FY2016-2017\Budget Review - OF - thru Apr 17 Summariwd401 Rev Sum Page 273 of 555 EXHIBIT D CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF EXPENDITURES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended April 30, 2017 (58% of Fiscal Year) EXPENDITURES FY 2016-17 FY 2016-17 TO DATE FY 2015-16 FY 2015-16 TO DATE ACCOUNTS BUDGET EXPENDED % BUDGET EXPENDED APPROVED EXPENDED $ 1,778,837 $ 1,205,038 68% APPROVED EXPENDED $ 1,659,754 $ 1,061,393 64% WATER DISTRIBUTION PUBLIC WATER TREATMENT 5,572,432 3,380,399 61% 5,691,571 3,042,012 53 METER READING & SERVICES 1,055,863 746,766 71% 1,208,362 651,751 54 WASTEWATER COLLECTION 1,606,241 917,081 57% 1,720,597 992,853 58% WASTEWATER PUMPING STATNS 2,575,321 1,453,355 56% 2,622,842 1,514,699 58% SEWAGE TREATMENT 4,405,000 1,437,779 33% 4,405,000 2,075,947 47% WATER QUALITY 622,451 332,820 53% 662,894 412,229 62 UTILITY ADMINISTRATION 14,814,432 8,565,212 58% 14,472,294 8,322,180 58% UTILITES ENGINEERING 1,332,692 943,324 71% 1,150,746 791,779 69 STORMWATER MAINTENANCE 957,018 596,114 62% 978,291 574,992 59% CUSTOMER RELATIONS 1,446,521 839,545 58% 1,562,822 952,217 61 DEBT SERVICE 6,078,488 3,746,093 62% 6,082,735 3,599,265 59 Total Expenditures $ 42,245,296 $ 24,163,526 57% $ 42,217,908 $ 23,991,317 57% S Tinance\Financial Reports\Monthly Financial ReportsTY2016-2017\Budget Review - OF - thru Apr 17 Summariwd401 Exp Sum Page 274 of 555 6.J. CONSENTAGENDA 6/6/2017 REQUESTED ACTION BY COMMISSION: Approve the one-year extension for RFPs/Bids and/ or piggy -backs for the procurement of services and/or commodities as described in the written report for June 6, 2017 - "Request for Extensions and/or Piggybacks". EXPLANATION OF REQUEST: As required, the Finance/Procurement Department submits requests for award to the Commission; requests for approval to enter into contracts and agreements as the result of bid solicitations; and to piggy -back governmental contracts. Options to extend or renew are noted in the "Agenda Request Item" presented to Commission as part of the initial approval process. Procurement seeks to provide an accurate and efficient method to keep the Commission informed of pending renewals and the anticipated expenditure by reducing the paperwork of processing each renewal and/or extension individually and summarizing the information in a monthly report (as required). VENDOR(S) COMMODITY/SERVICE RFP/BID NUMBER RENEWAL TERM Bound Tree Medical; Annual Supply of Medical 044-2210-16/J MA July 3, 2017 thru Henry Schein, Inc.; Supplies and Medications July 2, 2018 Midwest Medical Supply HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This renewal report will be used for those bids, contracts/agreements and piggy -backs that are renewed/extended with the same terms and conditions as the initial award. This renewal does include some price adjustments as allowed at the time of renewal. FISCAL IMPACT: Funds have been budgeted under line items as noted on the attached report. ALTERNATIVES: Not approve renewals and require new bids to be issued. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 275 of 555 CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Action Type D Attachment D Attachment D Attachment D Attachment D Attachment REVIEWERS: Department Finance Finance City Manager Description Bound Tree Renewal Response Bound Tree Interest Letter Bound Tree Renewal Price List Henry Schein Renewal Response Midwest Medical Supply Renewal Response Reviewer Action Howard, Tim Approved Howard, Tim Approved LaVerriere, Lori Approved D ate 5/31/2017 ® 3:40 PIM 5/31/2017 ® 3:40 PIM 6/1/2017 ® 4:45 PIM Page 276 of 555 The City 1 Bounton Beach Finance/Procurement Services 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 ' Telephone No: (561) 742-6310 FAX: (561) 742-6316 March 24, 2017 Andy Farber, Manager Bid and Contracts Bound Tree Medical, LLC 5000 Tuttle Crossing Blvd. Dublin, OH 43016 BID: ANNUAL SUPPLY OF MEDICAL SUPPLIES AND MEDICATIONS BID No.: 044-2210-16/JMA CURRENT CONTRACT PERIOD: JULY 3, 2016 THRUJULY 2, 2017 Dear Mr. Farber: The Contract for "Annual supply of Medical and Medication Supplies" will expire on July 2, 2017. This contract allows for two (2) additional one-year renewals with the same terms and conditions. The City of Boynton Beach would like to renew this contract with Bound Tree Medical for an additional one-year extension with the same terms and conditions. Please indicate your response on the following page and return it via email to triestmani(a7bbfl.us at your earliest convenience. If you should have any questions, please do not hesitate to contact Ilyse Triestman, Purchasing Manager at (561) 742-6322. Thank you. Sincerely, —4� L Tim W. Howard Assistant City Manager - Administration Director of Financial Services cc: Michael Dauta – Warehouse Manager Michael Landress – EMS Chief Ryan Lingholm, City of Delray Beach Central Files File America's Gateway to the Gulf Stream Page 277 of 555 The City of -i-Rounton Beach "19 Finance/Procurement Services 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX: (551) 742-6316 BID: ANNUAL SUPPLY OF MEDICAL SUPPLIES AND MEDICATIONS BID No.: 044-2210-16/JMA CONTRACT RENEWAL PERIOD: JULY 3, 2017 THRU JULY 2, 2018 X. Yes, I agree to renew the existing agreement with the same Terms and Conditions for the renewal period of July 3, 2017 thru July 2, 2018. No, I do not wish to renew the agreement for the following reason(s): 'with increases per the terms of the contract BOUND TREE MEDICAL, LLC. Bound Tree Medical LLC NAME OF COMPANY Rhiannon Greene NAME OF REPRESENTATIVE (Please print) 04/03/2017 DATE submitbids@boundtree.com E-MAIL ADDRESS 6 SIGNATURE Vice President TITLE 800-533-0523 (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream Page 278 of 555 BoundTree medical Making Precious Minutes Count...'" Via email: TriestmanIkbbfl.us April 3, 2017 Boynton Beach Procurement Department RE: Contract No. 044-2210-16/JMA Boynton Beach Bound Tree would like to move forward with the renewal of the above contract for the period of July 3, 2017 through July 2, 2018. Increases will be made per the terms of contract no. 044-2210-16: COST ADJUSTMENTS: The costs for all products purchased under this bid shall remain firm for the one year bid award period. Costs for subsequent years and any extension term are subject to an adjustment pending industry performance. Such increases/decreases shall not exceed 5% per year or the latest yearly percentage increase in the Producer Price Index Industry Data (Medical Equipment and Supplies Mfg.; Pharmaceutical and medicine mfg.), as published by the Bureau of Labor Statistics, U.S. Department of Labor, whichever is less. The yearly increase or decrease in the PPI shall be that latest index published and available prior to the end of the contract year in effect compared to the index for the same month one year prior. Any requested price increase shall be fully documented and submitted to the City at least ninety (90) days prior to the contract anniversary date. Any approved cost adjustments shall become effective upon the anniversary date of the contract. In the event the PPI or industry costs decline, the City shall have the right to receive from the vendor a reasonable reduction in costs that reflect such cost changes in the industry. The PPI showed a change of 5.37% which is higher than the 5% allowed. Pricing will be increased by the allowable max per the contract. No changes will occur on the contract without your approval. The following are prices Bound Tree is requesting your input on (Please reference the attached excel file). The excel file includes proposed price changes as well as items that have been discontinued. With your permission we will remove the discontinued items from the bid. Possible substitutes for those items are also listed beneath the discontinued item list. As part of the renewal Bound Tree Medical will continue to offer Boynton Beach 20% off of the pricing on supplies on www.boundtree.com. For product information and Bound Tree item numbers, please refer to the current Bound Tree Medical Emergency Medical Product Catalog. In order to provide a percentage off list discount, it is necessary for Bound Tree to exclude certain product categories or manufacturer products. This is largely due to the cost variability of these items as a result of market demand and raw material costs. Products excluded from the percentage off bid include the following*: Manufacturers Excluded Product Categories Excluded Ferro King Tubes (not kits) and Airways Laerdal King Vision Philips Intellivue Preventative Maintenance Simulaids Recertified Equipment 5.11 Tactical Service Contracts Thermal Angel Rescue Buddies KingFisher Medical Elm Custom Kits Z -Medica (QuikClot) SScor P.O. Box 8023 Dublin, OH 43016 phone 614.760.5000 fax 614.760.5010 *Bound Tree Custom kits are now excluded from the percentage off list discount www.boundtree.com Page 279 of 555 BoundTree medical Making Precious Minutes Count...rM Please let me know on or before April 10, 2017, if this request is approved or not approved. If you have any questions regarding this renewal, we can be reached via phone (800)533-0523 or email cpricoboundtree.com or tim. brown@sarnova. com. Sincerely, Tim Brown Pricing Analyst, Bids / Contracts Chic Price Account Manager P.O. Box 8023 Dublin, OH 43016 phone 614.760.5000 fax 614.760.5010 www.boundtree.com Page 280 of 555 Item Number 311-19 276-8509BG 536-NON21459EA 0064-02 353060 353062 353063 353065 353066 353068 353358 276-506 EA 020400 276-452 353067 3271-67884 291201 291202 291203 291204 291205 276-503 EA 2142-48503 2142-48003 2142-48004 2142-48502 020406 170761 F925607 021211 5370155 020500 260975 025302 025303 025304 025330 025331 025332 025333 209936 477-KLTD213EA 477-KLTD214EA 477-KLTD215EA Page 281 of 555 477-KLTD212EA 352232 620361 792-5-0236-09 792-5-0236-10 354431 562011 2741-87004 606818 F165633 298900 590200 400008 298507SA 083033 1707751 590101 3245-20016 1860-34430 562015 1122-20182 372-7113EA 372-7111EA 400007 592041 1211-03020 0218541 967-ZCC4001L 967-ZCC4201L 967-ZSC4201MQF 150022 620371 1212-41422 150066K1 353476 0418-13 560300 562223 411883 660202 T309626 J2146 082012 440101 T301604 2356-21026 276-11724 Page 282 of 555 718491 967-ZCC4401 L 66060 R 967-ZCC4301L 967-ZSC4301MQF 710100 61511 567701 020404 967-ZSC4001MQFEA 290500 967-ZSC4401MQF 279-1501BX 967-ZCC4101L 967-ZSC4101MQF 47-8881250081BX 2442-21402 20280 260280 260281 440128 020010 12945 13402 13404 13406 13408 13410 13412 450002 540307 174620 444006 085590 114102 3120-63314 1063-19051 290024 351165 705-2510 508-10-426-020 540-1512EA 675-AT0702 351160 87-2200 354150 6006-10 Page 283 of 555 537300 537400 2211-04690 3272-52040 1632-16125 87-2101EA 1633-30430 R2024 1063-00167 538015 F0108 18893 0010 5043020 600629 0032 56-1016EA 54133 6490201 541231 299170 299174 043-01650-48 084846 371006 A03792 295487 264030 0205310 30-26704EA 30-26706EA 30-26708EA 56-1010EA 61411 11278 0504-10 30061MS 540204 E6251 911316 373316 1711-06047 6059-10 62101 0641142035 371631 18401 Page 284 of 555 1880-92078 3172-73315 F03520 376637 0376-25 2034400 875LF 14756MS 14757MS 14758MS 14759 14761 14762MS 358001 442114 537100 301-200EA 30057 533-MS-SH001B 61512 77-1114-10 201001 7520-20 36090 36091 36092 36093 36094 36095 36096 373369 87-2110EA 30087 601306 020634 56-0965 044-AS00502SEA 0074553401 2066-05 6695-01 62161 38013 38014 38015 38016 38017 38020 Page 285 of 555 47-31439766PK 900233 464631 36276 36279 379501 13055 13056 36110 0164-25 K4036 290037 30056 16570 G0914 600-10 379104 36020 2112-38004 38001 38002 38003 38005 38006 38007 0616-03 371775 301-100EA 1360-07546 301-203 EA 355001 292202 1893-01 1124-03680 25021-301-02 64250 301-04 295561 36111 -RED 377515 372121 290690 290691 290692 290693 6013-10 375204 Page 286 of 555 51150 51151 51152 51153 4755-02 12971MS 13053 13054 51154 51155 51156 51157 51158 51159 51160 51161 51162 12970M S 13050 13052 600062 601324X Discontinued Item G4100 2160-46506 020173 313-7056EA 1633-50950 531900 14962 020172 0260-10 1075 7546 15810-431E Possible Substitut Page 287 of 555 Description Calcium Gluconate 10%, 100mg/ml, 10ml Vial 25ea/pk Gauze sponge, basic economy, 4 in x 4 in, 8 ply, non-sterile, 200/bg 20bg/cs Bandage, Multi -Trauma Dressing, 10 in x 30 in, Sterile, 50ea/cs Magnesium Sulfate 50% 1gm, 2ml Vial 25ea/bx CATHETER INTRAVENOUS (IV) 22 GAUGE X 1 IN 50/BX 4BX/CS PROTECTIV PLUS CATHETER INTRAVENOUS (IV) 16 GAUGE X 1.25 IN 50/BX 4BX/CS PROTECTIV PLUS CATHETER INTRAVENOUS (IV) 24 GAUGE X 0.75 IN 50/BX 4BX/CS PROTECTIV PLUS CATHETER INTRAVENOUS (IV) 18 GAUGE X 1.25 IN 50/BX 4BX/CS PROTECTIV PLUS CATHETER INTRAVENOUS (IV) 20 GAUGE X 1.25 IN 50/BX 4BX/CS PROTECTIV PLUS CATHETER INTRAVENOUS (IV) SAFETY 14 GAUGE X 1.25 IN 50/BX 4BX/CS PROTECTIV PLUS CATHETER INTRAVENOUS (IV) SAFETY 14 GAUGE X 2 IN 200/CS ACUVANCE PROTECTIV Elastic bandage, comparable to Ace, 6 in., all rolls individually wrapped with 2 metal clips 50ea/cs Endotracheal Tube Holder, Thomas, Pediatric/Child, for ET/SGA Tubes 4.3mm ID to 15.8mm OD Rolled gauze, 2 in., sterile, 2 ply, straight gauze on a roll, no stretch, not fluffy 12/bx 8bx/cs CATHETER INTRAVENOUS (IV) 20 GAUGE X 1 IN 50/BX 4BX/CS PROTECTIV PLUS BLANKET CASUALTY LIGHTWEIGHT WATERPROOF 84 IN X 60 IN OLIVE DRAB/SILVER Gloves, Defender, SM, High Risk 12 in Cuff, Nitrile, Powder Free, Slate Blue 50/bx 10Bbx/cs Gloves, Defender, MED, High Risk 12 in Cuff, Nitrile, Powder Free, Slate Blue 50/bx 10Bbx/cs Gloves, Defender, LG, High Risk 12 in Cuff, Nitrile, Powder Free, Slate Blue 50/bx 10Bbx/cs Gloves, Defender, XL, High Risk 12 in Cuff, Nitrile, Powder Free, Slate Blue 50/bx 10Bbx/cs Gloves, Defender, 2XL, High Risk 12 in Cuff, Nitrile, Powder Free, Slate Blue 50/bx 10Bbx/cs Elastic bandage, comparable to Ace, 3 in., all rolls individually wrapped with 2 metal clips 50ea/cs LITE BLADE, MILLER 3 20EA/BX LITE BLADE, MAC 3 20EA/BX LITE BLADE, MAC 4 20EA/BX LITE BLADE, MILLER 2 20EA/BX STYLETTE DISPOSABLE NEONATE 6 FRENCH 2.0 TO 3.5 25/BX SLICK BP Unit, Prosphyg 760 Series, Size 12 LG Adult, Black, Adcuff Nylon, Pocket Aneroid, Case, LF Bandage, Cohesive, Coban, Tan, 2 in x 5 yd Fully Stretched, Latex, Non-sterile, 36rls/cs Guedel Airway, Soft Plastic, Size 000, 30mm, Clear, Non-sterile 10ea/bx CPR Barrier, CPR Microshield, with Tamper Evident Pouch 50ea/cs Endotracheal Tube Holder, Thomas, Adult, for ET/SGA Tubes 6.5mm ID to 21mm OD HEAD IMMOBILIZER STA-BLOK 30/CS Laryngoscope Blade, Greenline, Mac 2, Fiber Optic, Disposable, Stainless Steel 20/BX Laryngoscope Blade, Greenline, Mac 3, Fiber Optic, Disposable, Stainless Steel 20/BX Laryngoscope Blade, Greenline, Mac 4, Fiber Optic, Disposable, Stainless Steel 20/BX Laryngoscope Blade, Greenline, Miller 0, Fiber Optic, Disposable, Stainless Steel 20/BX Laryngoscope Blade, Greenline, Miller 1, Fiber Optic, Disposable, Stainless Steel 20/BX Laryngoscope Blade, Greenline, Miller 2, Fiber Optic, Disposable, Stainless Steel 20/BX Laryngoscope Blade, Greenline, Miller 3, Fiber Optic, Disposable, Stainless Steel 20/BX HAND CLEANSER FOAMING ALCOHOL BASED 9 OZ 24/CS ALCARE PLUS Supraglottic airway kit, LT -D, yellow, size 3, adult 4-5 ft, tube, 60cc syringe, lube jelly 5ea/cs Supraglottic airway kit, LT -D, red, size 4, adult 5-6 ft, tube, 60cc syringe, lube jelly 5ea/cs Supraglottic airway kit, LT -D, purple, size 5, adult over 6 ft, tube, 60cc syringe, lube 5ea/cs Page 288 of 555 Supraglottic airway kit, LT-D, size 2, pediatric, 35-45 in., tube, 35cc syringe, lube jelly 5ea/cs IV ADMIN SET W/1 PREPIERCED Y SITE, 1 LUER ACTIVATED Y SITE W/LUER SPIN LOCK TIP, 82 IN 48/CS Syringe and Needle, Vanish Point Retractable, 3cc, 21 ga x 11/2 inch 100/bx 10361 Curaplex Select Laryngoscope Handle, GreenLine, Medium, Fiber Optic, Chrome Plated Brass Curaplex Select Laryngoscope Handle, GreenLine, Penlite, Fiber Optic, Chrome Plated Brass INTRAVENOUS (IV) DRESSING TRANSPARENT ADULT 100/BX 5BX/CS VENI-GARD VACUUM SPLINT WRIST/ANKLE ONLY 10/CS EMS ECONO-VAC 82-E2010 POSITRACE RTL FOAM, ADULT ECG ELECTRODE, CONDUCTIVE ADHESIVE GEL, 4/PK 10PK/BX, 15BX/CS ALCOHOL PREP PADS STERILE MEDIUM 200/BX 20BX/CS TAPE ADHESIVE CLOTH SURGICAL 3 IN X 10 YD, 4/BX 12BX/CS SHARPS CONTAINER STACKABLE RED WITH CLEAR LID 1 QUART 6.25 IN H X 4.25 IN D X 4.5 IN W100/CS SAGE SUCTION REPLACEMENT CARTRIDGE 80/CS V-VAC FORCEPS MAGILL INTUBATING ADULT 9.75 IN 12EA/BX SHARPS CONTAINER IN ROOM RED 5 QUART 12.5 IN X 5.5 IN X10.75 IN 20/CS GAUZE SPONGES STERILE 12 PLY 4 IN X 4 IN 50/BX 24BX/CS BLOOD PRESSURE CUFF NAVY SIZE 9 CHILD PROSPHYG 775 SUCTION UNIT ASPIRATOR TYPE LATEX FREE 40EA/BX MECONIUM Backboard/Split Litter, CombiCarrier II, incl 4 two-piece Speed Clip Straps Sharps Container, BDMulti-Use Nestable, 8 quart, Red w/Regular Funnel Clear Top 24ea/cs VACUUM SPLINT ARM ONLY EMS ECONO-VAC 10/CS 82-E2014 Bandage, Adhesive, Careband, Sheer, 3/4 inch, 100/bx 12bx/cs Cloth surgical tape, Hypo-Silk, 3 in. x 10 yards, hypoallergenic 4ea/bx 12 bx/cs (48ea/cs) Cloth surgical tape, Hypo-Silk, 1 in. x 10 yards, hypoallergenic 12ea/bx 12bx/cs (144ea/cs) FORCEPS MAGILL INTUBATING CHILD 8 IN 12/BX SUCTION CANISTER DISPOSABLE RED TOP 800cc 100/CS Bandage, Multi-Trauma Dressing, 10 in x 30 in, Sterile, 25ea/cs COMBITUBE AIRWAY EMERGENCY INTUBATION IN TRAY ADULT 5 FT 6 IN OR TALLER 4/CS Blood Pressure Cuff BP, ComfortCheck, thigh, 1 tube, male slip luer connector, single pt use 10/bx Blood pressure cuff BP, ComfortCheck, adult, 1 tube, male slip luer connector, single pt use 10/bx Blood pressure cuff BP, StatCheck, vinyl, adult, 1 tube, female twist connector, Marquette 10/bx Bandage, Conforming, Sterile, CONFORM, 2 in x 75 in (relaxed) / 4.1 yd (stretched) 12/bx 8bx/cs Syringe and Needle, Vanish Point Retractable, 3cc, 20 ga x 1 inch 100/bx 10371 Gauze Sponge, Dermacea, 2 in x 2 in, 4 ply, Non-woven, Non-sterile 200/bg, 40bg/cs GAUZE OCCLUSIVE 3 IN X 9 IN 50EA/BX 4BX/CS VASELINE IV BLOOD ADMIN SET HIGH FLOW UNIVERSAL W/PUMP, 1 ULTRASITE, 1 SAFELINE INJ SITE 50/CS NITROSTAT 0.4MG TABS SL 25/13T 4BT/BX SPLINT, TRACTION, INFANT/CHILD UP TO 6 YEARS BILATERAL SAGER 5-300 VACUUM SPLINT LARGE FOREARM ONLY 10/CS EMS ECONO-VAC 82-E2222 MICRO MIST NEBULIZER W/TEE, MOUTHPIECE, 7 FT TUBING, RESERVOIR TUBE AND ST CONNECTOR 50EA/CS SPLINT, TRACTION ADULT OR CHILD 6 YEARS AND UP SAGER TOTAL CONCEPT SUPER BILATERAL 5-304 SYRINGE TUBERCULOSIS ICC WITH NEEDLE 25 GAUGE X 5/8 IN 100/BX 8BX/CS BECTON DICKINSON ALCOHOL PREP PADS MEDIUM STERILE 200/BX 10BX/CS BANDAGE NON ADHERING 3 IN X 3 IN JOHNSON AND JOHNSON ADAPTIC 50/BOX Convenience Bag, BioHoop, 50cc-2000cc, Emesis and Hazardous Waste Bag, incl Hook 12/pk 40pk/cs SYRINGE ONLY LUER SLIP 10CC 400/CS BECTON DICKINSON 301604 Oxygen Mask, Adult, Elongated, High Conc, Total Non-Rebreathing, Fits All Connector, Reservoir 50/cs Underpad / chux, 17 in. x 24 in., rayon fill, non-sterile, 100/bg, 3bg/cs Page 289 of 555 CHEST SEAL ASHERMAN 849100 10EA/BX Blood pressure cuff BP, ComfortCheck, child, 1 tube, male slip luer connector, single pt use 10/bx Backboard Restraint, 5 ft, 2 pc, Orange, Impervious, Plastic Side Release, Loop Ends Blood pressure cuff BP, ComfortCheck, small adult, 1 tube, male slip luer, single pt use 10/bx Blood pressure cuff BP, StatCheck, vinyl, small adult, 1 tube, female twist lock, Marquette 10/bx THERAPEUTIC LENS 12/BX MORGAN Curaplex Ring Cutter VACUUM SET DELUXE EXTREMITY EMS ECONO-VAC 82-E7700 STYLETTE SLICK DISPOSABLE ADULT LARGE 7.0 TO 10.0 25/BX BP Cuff, StatCheck, vinyl, thigh, 1 tube, female twist lock connector, Marquette 10ea/bx MASK SURGICAL CONE SHAPE DUST MASK 50/BX 20BX/CS Blood pressure cuff BP, StatCheck, vinyl, child, 1 tube, female twist lock connector, Marquette 10/b Nail polish remover pad, Acetone Free 100BX, 10BX/CS Blood pressure cuff BP, ComfortCheck, large adult, 1 tube, male slip luer, single pt use 10/bx Blood pressure cuff BP, StatCheck, vinyl, large adult, 1 tube, female twist lock, Marquette 10/bx Hypodermic needle, Monoject, thin wall, 19 ga x 1 in., polypropylene hub, lime, sterile, 100/bx BVM, SPUR II, PEDI BAG RESERVOIR/NEONATE/INFANT/TODDLER FACE MASKS MED PORT BOXED 12/CS GLASSES, SAFETY CLEAR LENS 12EA/BX Extrication Collar, Ambu Mini Perfit ACE, Pediatric, Adjustable 12 Settings 30ea/cs Extrication Collar, Ambu Perfit ACE, Adult, Adjustable 16 Settings 30ea/cs LUBRICATING JELLY PDI STERILE, 2.7GM 144/BX 12BX/CS BITE STICK PLASTIC SINGLES 10EA/BG 10BG/CS Curaplex Blanket, Silver Mylar Emergency, 52 in x 84 in 200ea/cs Endotracheal Tube w/Stylette, Aircare, 3.Omm, Cuffed, Clear Murphy 10ea/bx Endotracheal Tube w/Stylette, Aircare, 4.Omm, Cuffed, Clear Murphy 10ea/bx Endotracheal Tube w/Stylette, Aircare, 5.Omm, Cuffed, Clear Murphy 10ea/bx Endotracheal Tube w/Stylette, Aircare, 6.Omm, Cuffed, Clear Murphy 10ea/bx Endotracheal Tube w/Stylette, Aircare, 7.Omm, Cuffed, Clear Murphy 10ea/bx Endotracheal Tube w/Stylette, Aircare, 8.Omm, Cuffed, Clear Murphy 10ea/bx INTRAVENOUS (IV) ARMBOARD DISPOSABLE 3 IN X 18 IN 100/CS STETHOSCOPE DUAL HEAD PINK PROSCOPE 670 FILTERLINE SET, NON HUMIDIFIED, INTUBATED, ADULT/PEDIATRIC 100EA/BX FOIL BABY BUNTING STERILE ABDOMINAL PADS STERILE 5 IN X 9 IN 25/TR 16TR/CS COMBINE PILLOW DISPOSABLE POLY FILL 14 IN X 16 IN 15/CS Extrication Device, KED Pro, features Metal Buckles on Leg Straps and Lateral Straps SUDECON DECONTAMINATION WIPES CAVICIDE DISINFECTANT WITH SPRAYER 24 OZ 12/CS 13-1024 INTRAVENOUS (IV) ADMINISTRATION SET UNIVERSAL NF INJECTION SITE LUER LOCK 60 DROP 86 IN 50/CS Limb holder, economy, 13 in. L x 3 in. W, 53 in. strap length, 4-12 in. circumference Dual head stethoscope, black, 22 in., chrome plated brass binaural, overall length is 30 in. IV start kit, incl alcohol wipe, 2x2 sponges, PVP wipe, LF tourniquet, tape 100ea/cs Lancets, Unistik 2 Normal Safety, 21 ga x 2.4 mm, Single Use 100/bx INTRAVENOUS (IV) ADMIN SET UNIVERSAL NF LUER LOCK 15 DROP 84 IN 50/CS Oxygen mask, pediatric, medium concentration, elastic style, with 7 ft safety tube 50/cs FILTER STRAW FLEXIBLE WITH 5 MICRON FILTER 1.75 IN 100/CS Atropine 8mg 20ml Vial 10ea/bx Page 290 of 555 BAG VALVE MASK (BVM) LATEX FREE DISPOSABLE WITH MASK, OXYGEN RESERVOIR BAG AND POPOFF PEDIATRIC BAG VALVE MASK (BVM) LATEX FREE DISPOSABLE WITH MASK AND OXYGEN RESERVOIR AND POPOFF INFANT 6/ Yankauer Suction Handle, Vented, Bulb Tip, Sterile 50ea/cs Curaplex Blanket, 80% Wool - 20% Other Fibers, 66 inch x 90 inch 25ea/cs Syringe and Needle, Vanish Point Retractable, 1cc, 25 ga x 1 inch 100/bx 10161 Curaplex Oxygen Mask, Adult, Elongated, High Conc, Partial NRB, Reservoir Bag, 7 ft tubing 50ea/cs Syringe Only, 30cc, Luer Lock, 100ea/bx, 6bx/cs BIOHAZARD BAG 16 GALLON 24 IN X 33 IN 250/CS Betadine Solution 1 gallon TRANSPORT CIRCUIT DELUXE DISPOSABLE WITH PEEP PORTUSE ON CV3000 10/CS BAG INFECTIOUS WASTE RED 25 IN X 34 IN 250EA/CS Syringe and Needle, Vanish Point Retractable, 10cc, 21 ga x 11/2 inch 100/bx 11061 forceps, Kelly 5 1/2 inch straight Restraint Straps, Ferno Model 430, Orange, 5 ft 2 pc, 2 in Nylon Webbing HYDROGEN PEROXIDE 3% 16 OZ 12EA/BX scissors, Lister bandage, 5 1/2 inch I.V. armboard, 3 in. x 15 in., corrugated core, foam padding covered in white vinyl, disp 50ea/cs ELECTRODES PEDIATRIC 3/PK 200PK/CS MEDI-TRACE MINI SERIES 133 SUCTION TUBING 1/4 IN X 6 FT 50EA/CS TINCTURE OF BENZOIN SWABSTICKS INDIVIDUALLY WRAPPED 50PK/BX 10BX/CS EXP: Particulate Respirator, N95 Mask, Tecnol, Regular Size 35/bx 6bx/cs Particulate Respirator, N95 Mask, Tecnol, SM Size 35/bx 6bx/cs Primary set, LifeShield PlumSet, 104 in., 15 drop, convertible pin, slide clamp 48/cs Prep Razors, Medichoice, Disposable, 10/pk 72pk/cs ATROPINE 1MG 10ML LUER JET 1006B 10EA/PK BAG VALVE MASK (BVM) SWIVEL WITH FLOW DIVERSIFIER WITH MASK ADULT HUDSON 6EA/CS SHARPS CONTAINER CLEAR HI -TOP LID 1.5 QUART 36/CS BECTON DICKINSON Head Immobilizer, Ambu Head Wedge, w/1 Strap 10ea/cs C3 KETAMINE 50MG/ML 10ML VIAL 10/BX Butterfly, EXEL, 21 ga x 3/4 in., 12 in. tube, winged, sterile 500ea/cs Butterfly, EXEL, 23 ga x 3/4 in., 12 in. tube, winged, sterile 500ea/cs Butterfly, EXEL, 25 ga x 3/4 in., 12 in. tube, winged, sterile 500ea/cs IV armboard, tin x 9in, corrugated core, foam padding covered in white vinyl, disposable 50/cs Curaplex Paramedic Shears, Black 7.25 in 50pr/bx Syringe and Needle, EXEL, 1cc Tuberculin, 25 ga x 5/8 inch 100ea/bx 10bx/cs Methylene Blue 1% 100mg, 10ml Vial 10/pk Curaplex Burn Sheet, 60 inch x 90 inch, Sterile 50ea/cs BLOOD PRESSURE GAUGE FOR STANDARD SPHYGMOMANOMETER 50/CS Glucose Test Strips, Precision Xtra, Capillary 50/bx 12bx/cs Aspirin 81mg Chewable, Orange Flavor 36/Bottle Epinephrine 1:10000, 1mg, 10ml Luer Jet 1019B 10ea/pk *Custom for Delray Beach/Corvallis* IV Ext Set, 7 in, Safeline TPort and Ultrasite Port 50/cs C4 Midazolam, 5mg, 5ml Vial 10/bx PNEUMOTHORAX SET EMERGENCY COOK 15 GAUGE NEEDLE EPINEPHRINE 1:1000 1MG 1MLAMPULE 2043 25ea/bx CALCIUM CHLORIDE 1GM 10ML LIFESHIELD SYRINGE 10ea/bx SAFETY SCALPELS #11 STERILE 10/BX Page 291 of 555 Tourniquet, Latex Free, 1 in x 18 in, Light Gray, 100/bx 10bx/cs Restraint Strap, Orange, 2 piece 5 ft, Plastic Side Release Buckle, Loop End, Disposable COLD PACK INSTANT KOOL-PRESS 6 IN X 8 1/4 IN 24/CS SODIUM BICARBONATE 8.4% LIFESHIELD SYRINGE 1035A 10EA/BX DIPHENHYDRAMINE 50MG/ML IML SDV 2035 - BENADRYL 25 VIALS/PK HAND WIPES ANTIMICROBIAL INDIVIDUALLY WRAPPED FRESH SCENT 100/BX 10BX/CS PAWS 34400 (2034400) STANDARD BULB AND VALVE LATEX FREE Curaplex Nasogastric Tube, 8Fr 280ea/cs Curaplex Nasogastric Tube, 10Fr 280ea/cs Curaplex Nasogastric Tube, 12Fr 280ea/cs Curaplex Nasogastric Tube, 14Fr 280ea/cs Curaplex Nasogastric Tube, 16Fr 280ea/cs Curaplex Nasogastric Tube, 18Fr 280ea/cs IV Solution, Sodium Chloride 0.9% 500ml Bag 24ea/cs BBraun L8001 HEAD WARMER KNITTED INFANT PINK AND BLUE 50EA/BX BAG VALVE MASK (BVM) LATEX FREE DISPOSABLE WITH MASK AND OXYGEN RESERVOIR BAG ADULT 6/BX RUSCH Curaplex Select Nebulizer, Small-volume, Hand-held, T-piece, Mouthpiece, Flextube, 7 ft Tubing 50/cs Curaplex Cot Sheet, Fitted, 72 in x 30 in, Poly, 65 gms 50/cs EMS shears, black, 7 1/4 in, safety bandage tip, fully autoclavable, surgical stainless steel blades Curaplex Ring Cutter Replacement Blade 100ea/bx Oxygen mask, infant, elastic style medium concentration mask with 7 ft safety tube 10/cs ALCOHOL ISOPROPYL 70% 16 OZ 12/CS IV Solution, Dextrose 10% 250ml Bag 24ea/cs Curaplex Suction Catheter, 6 Fr, Whistle Tip and Thumb Control Port 50ea/cs Curaplex Suction Catheter, 8 Fr, Whistle Tip and Thumb Control Port 50ea/cs Curaplex Suction Catheter, 10 Fr, Whistle Tip and Thumb Control Port 50ea/cs Curaplex Suction Catheter, 12 Fr, Whistle Tip and Thumb Control Port 50ea/cs Curaplex Suction Catheter, 14 Fr, Whistle Tip and Thumb Control Port 50ea/cs Curaplex Suction Catheter, 16 Fr, Whistle Tip and Thumb Control Port 50ea/cs Curaplex Suction Catheter, 18 Fr, Whistle Tip and Thumb Control Port 50ea/cs NALOXONE 2MG 2ML LUER JET 1029B 10EA/CS AEROSOL MASK, ADULT, WITH ELASTIC STRAP, DISPOSABLE 50EA/CS Curaplex Patient Circuit w/Popoff, for use with many Portable Ventilators 50ea/cs IV Solution, Sodium Chloride 0.9% 50ml Partial Fill Singlepak 96ea/cs 02 Connector, Barb, Nipple/Nut, Tapered, Plastic 50ea/cs OB kit, sterile, in plastic bag, 1 pr LF gloves, 1 scalpel, 1 underpad, 4 gauze sponges, 2 clamps Bulb syringe, ear/ulcer, 2 oz, vinyl, sterile 50ea/cs SODIUM BICARBONATE 4.2% 10ML INFANT LIFESHIELD 1043A 10EA/BX Lidocaine 2% 100mg, 5ml Vial, Preservative Free 10/bx Etomidate, 20mg, 10ml Vial 10ea/bx INTRAOSSEOUS (IO) NEEDLE DISPOSABLE STANDARD TIP TROCAR 16 GAUGE X 3CM C-DIN-16-3.0-T45 IEA/5EA/B Curaplex Endotracheal Tube with Stylette, 6.Omm, Cuffed 10ea/bx 10bx/cs Curaplex Endotracheal Tube with Stylette, 6.5mm, Cuffed 10ea/bx 10bx/cs Curaplex Endotracheal Tube with Stylette, 7.Omm, Cuffed 10ea/bx 10bx/cs Curaplex Endotracheal Tube with Stylette, 7.5mm, Cuffed 10ea/bx 10bx/cs Curaplex Endotracheal Tube with Stylette, 8.Omm, Cuffed 10ea/bx 10bx/cs Curaplex Endotracheal Tube with Stylette, 9.Omm, Cuffed 10ea/bx 10bx/cs Page 292 of 555 Electrode, Medi-Trace Mini, ECG monitoring, pediatric, foam, teardrop shape, adhesive hydrogel 5/pk AMMONIA INHALANTS 100/BX 12BX/CS INSTA-GLUCOSE 31GM 2064 Curaplex Mask, Air Cushioned, Toddler, Size 2, Yellow 50ea/cs Curaplex Mask, Air Cushioned, Adult, Size 5, Blue 30ea/cs ALBUTEROL 2.5MG, 0.83MG/ML, 3ML UNIT DOSE, INDIVIDUALLY WRAPPED 30/BX Curaplex Berman Oral Airway, 100mm 5/pk Curaplex Berman Oral Airway, 110mm 5/pk Curaplex Head Piece Replacement for the Pedi Board Immobilizer Vasostrict 20 unit, 1ml vial *REFRIGERATE * 25ea/pk PENLIGHT DISPOSABLE EACH WITH PUPIL GAUGE 300EA/CS BIOHAZARD BAG LATEX FREE RED 14 MICRONS THICK 33 GALLON 31 IN X 43 IN 25/RL 250/CS Curaplex Oxygen Nasal Cannula, Pediatric, Conventional, Green, 7 ft Tubing 50ea/cs Curaplex Blanket, Yellow Highway, 56 in x 90 in 24ea/cs Irrigation Solution, Sodium Chloride, 1000ml 16ea/cs B Braun R5200-01 IV Flush Syringe, Normal Saline 10ml Prefilled 12cc Syringe, Sterile 100ea/bx 4bx/cs DOPAMINE 400MG 10ML VIAL 2041 25EA/BX Curaplex Sprague Rappaport Style Stethoscope, Black 50ea/cs Curaplex Endotracheal Tube with Stylette, 4.Omm, Uncuffed 10ea/bx 10bx/cs Curaplex Endotracheal Tube with Stylette, 2.5mm, Uncuffed 10ea/bx 10bx/cs Curaplex Endotracheal Tube with Stylette, 3.Omm, Uncuffed 10ea/bx 10bx/cs Curaplex Endotracheal Tube with Stylette, 3.5mm, Uncuffed 10ea/bx 10bx/cs Curaplex Endotracheal Tube with Stylette, 4.5mm, Uncuffed 10ea/bx 10bx/cs Curaplex Endotracheal Tube with Stylette, 5.Omm, Uncuffed 10ea/bx 10bx/cs Curaplex Endotracheal Tube with Stylette, 5.5mm, Uncuffed 10ea/bx 10bx/cs AMIODARONE 150MG 3ML VIAL DEXTROSE 25% 10ML ANSYR SYRINGE 1041 10EA/BX Curaplex Oxygen Nasal Cannula, Adult, Conventional, Clear, Flared Prongs, 7 ft tubing, 50ea/cs Ammonia Inhalant, Ampules 10/bx Curaplex Select Nebulizer, Small-volume, Hand-held, Pediatric Aerosol Mask, 7 ft Tubing 50ea/cs STERILE WATER FOR IRRIGATION 500ML 16/CS BBRAUN Convenience Bag, 650cc, Emesis, Rigid Collar, White Opaque w/o Hand Protection 12/pk 20pk/cs C2 Morphine Sulfate, 10mg/ml, 1ml PF CPJ 10/bx Curaplex Triangular Bandage, Polypropylene 240ea/cs ADENOSINE 6MG, 2ML VIAL 10ea/bx Curaplex Sharps Solo, Sharps container with one time lockable seal, 6.5 in 24ea/cs Adenosine 12mg, 4ml Vial, 10ea/bx SLEEVE WHITE GAUNTLET, ELASTIC OPENINGS, 18 IN 200/CS Curaplex Pedi Board with Red Case, Immobilization for Children 25-54 in (10-85lbs) DEXTROSE 50% 25GM, 50ML ANSYR SYRINGE 1013C 10EA/BX TETRACAINE 0.5% 15ML BOTTLE 2121 Gloves, Supreno SE, SM, Nitrile, Powder Free, Standard Textured Exam 100/bx 10bx/cs Gloves, Supreno SE, MED, Nitrile, Powder Free, Standard Textured Exam 100/bx 10bx/cs Gloves, Supreno SE, LG, Nitrile, Powder Free, Standard Textured Exam 100/bx 10bx/cs Gloves, Supreno SE, XL, Nitrile, Powder Free, Standard Textured Exam 100/bx 10bx/cs Diltiazem, 25mg, 5ml Vial *Refrigerate* 10ea/Box QUELICIN 200MG 10ML VIAL* REFRIGERATION REQUIRED* 25EA/BX Page 293 of 555 Curaplex NPA 12F 3.Omm, Latex Free PVC 100ea/cs Curaplex NPA 14F 3.5mm, Latex Free PVC 100ea/cs Curaplex NPA 16F 4.Omm, Latex Free PVC 100ea/cs Curaplex NPA 18F 4.5mm, Latex Free PVC 100ea/cs ONDANSETRON 4MG 2ML VIAL 25EA/BX Curaplex Berman Oral Airway, 70mm 5/pk Curaplex Berman Oral Airway, 80mm 5/pk Curaplex Berman Oral Airway, 90mm 5/pk Curaplex NPA 20F 5.Omm, Latex Free PVC 100ea/cs Curaplex NPA 22F 5.5mm, Latex Free PVC 100ea/cs Curaplex NPA 24F 6.Omm, Latex Free PVC 100ea/cs Curaplex NPA 26F 6.5mm, Latex Free PVC 100ea/cs Curaplex NPA 28F 7.Omm, Latex Free PVC 100ea/cs Curaplex NPA 30F 7.5mm, Latex Free PVC 100ea/cs Curaplex NPA 32F 8.Omm, Latex Free PVC 100ea/cs Curaplex NPA 34F 8.5mm, Latex Free PVC 100ea/cs Curaplex NPA 36F 9.Omm, Latex Free PVC 100ea/cs Curaplex Berman Oral Airway, 50mm 5/pk Curaplex Berman Oral Airway, 40mm 5/pk Curaplex Berman Oral Airway, 60mm 5/pk IV Solution, Dextrose 5% in Water 250ml Bag 36ea/cs Baxter 2B0062Q IV Solution, Sodium Chloride 0.9% 1000ml Bag 14ea/cs is Description *DC -USE 1812-50078 * NEEDLE/CONNECTOR ANTI STICK 500/CS MEDIC *DC -NO SUB -SEE NOTES * Cricothyroidotomy Kit, Portex - PCK, incl scalpel, gel, holder, etc *DC* ESOPHAGEAL INTUBATION DETECTION SYRINGE STYLE 20/CS *DC* -USE 313-7556XNEA * 02 RESQ BiTrac ED Mask, Adult MED, 3 -SET Valve, Flow Generator *DC -USE 1633-61750 * Syringe Only, 50cc, Luer Lock, 50/cs *DC -NO SUB * CPAP OS BREATHING CIRCUIT W/ MEDIUM MASK 1/PK 10PK/CS *DC -USE 080704 * 4 IN SOF-KLING 12/BX *DC -NO SUB * ESOPHAGEAL INTUBATION DETECTION BULB STYLE 20/CS *DC -USE 0593-03* Glucagen Diagnostic Kit 1mg Inj, incl 1 vial-1mg Glucagon 1 vial-1ml Sterile Water *DC -NO SUB -SEE NOTES * glasses, wrap-around, fixed side shields, plastic frame *LIMITED QTY* -USE 1360-07546 * ammonia inhalent 10/bx *LIMITED QUANTITY * SYRINGE 10CC WITH NEEDLE 20 GA X 1 IN 100/BX 6BX/CS TERUMO es BTM's Description Medic Anti -stick Needle/Connector, Plastic 1000ea/cs 02 MAX BiTrac ED Mask, w/ Neb, Adult MED, w/3 -SET Valve 10ea/cs Syringe Only, 50cc, Luer Lock, 40/cs GAUZE CONFORMING STRETCH STERILE 4 IN X 4.1 YD 12RLS/BG 8BGS/CS Glucagon Kit 1mg, contains 1 vial - 1mg Glucagon and 1 vial -1ml Sterile Water Ammonia Inhalant, Ampules 10/bx Page 294 of 555 Current Price Proposed Price EA $7.25 $ 7.63 BG $2.50 $ 2.63 EA $0.78 $ 0.82 EA $1.85 $ 1.95 EA $1.76 $ 1.85 EA $1.76 $ 1.85 EA $1.76 $ 1.85 EA $1.76 $ 1.85 EA $1.76 $ 1.85 EA $1.76 $ 1.85 EA $1.96 $ 2.06 EA $0.75 $ 0.79 EA $2.68 $ 2.82 CS $35.09 $ 36.94 EA $1.78 $ 1.87 EA $9.98 $ 10.51 BX $7.28 $ 7.66 BX $7.28 $ 7.66 BX $7.28 $ 7.66 BX $7.28 $ 7.66 BX $7.28 $ 7.66 EA $0.41 $ 0.43 EA $4.79 $ 5.04 EA $4.79 $ 5.04 EA $4.79 $ 5.04 EA $4.79 $ 5.04 EA $2.78 $ 2.93 EA $18.65 $ 19.63 RL $1.78 $ 1.87 EA $1.29 $ 1.36 EA $4.99 $ 5.25 EA $2.74 $ 2.88 EA $4.02 $ 4.23 EA $3.59 $ 3.78 EA $3.59 $ 3.78 EA $3.59 $ 3.78 EA $3.59 $ 3.78 EA $3.59 $ 3.78 EA $3.59 $ 3.78 EA $3.59 $ 3.78 EA $9.35 $ 9.84 EA $25.00 $ 26.32 EA $25.00 $ 26.32 EA $25.001 $ 26.32 Page 295 of 555 EA $27.44 $ 28.88 EA $6.11 $ 6.43 BX $57.93 $ 60.98 EA $43.98 $ 46.29 EA $43.98 $ 46.29 BX $36.59 $ 38.52 EA $17.50 $ 18.42 BX $6.54 $ 6.88 BX $1.59 $ 1.67 BX $8.05 $ 8.47 EA $1.75 $ 1.84 EA $21.25 $ 22.37 EA $3.55 $ 3.74 EA $4.50 $ 4.74 BX $2.68 $ 2.82 EA $11.25 $ 11.84 EA $4.29 $ 4.52 EA $727.49 $ 765.78 EA $5.69 $ 5.99 EA $18.95 $ 19.95 BX $1.39 $ 1.46 EA $2.08 $ 2.19 EA $0.69 $ 0.73 EA $3.39 $ 3.57 EA $2.75 $ 2.89 EA $0.79 $ 0.83 EA $53.89 $ 56.73 BX $54.35 $ 57.21 BX $38.15 $ 40.16 BX $38.15 $ 40.16 BX $5.29 $ 5.57 BX $58.75 $ 61.84 BG $0.65 $ 0.68 EA $0.65 $ 0.68 EA $6.50 $ 6.84 BT $31.75 $ 33.42 EA $290.00 $ 305.26 EA $8.45 $ 8.89 EA $0.73 $ 0.77 EA $345.00 $ 363.16 BX $16.74 $ 17.62 BX $1.55 $ 1.63 BX $35.75 $ 37.63 PK $18.95 $ 19.95 CS $72.99 $ 76.83 CS $34.75 $ 36.58 CS $24.84 $ 26.15 Page 296 of 555 EA $9.95 $ 10.47 BX $35.50 $ 37.37 EA $5.78 $ 6.08 BX $36.95 $ 38.89 BX $36.95 $ 38.89 EA $24.79 $ 26.09 EA $4.15 $ 4.37 ST $140.00 $ 147.37 EA $3.15 $ 3.32 EA $5.49 $ 5.78 BX $4.68 $ 4.93 BX $35.65 $ 37.53 BX $3.87 $ 4.07 BX $42.75 $ 45.00 BX $42.75 $ 45.00 BX $8.59 $ 9.04 EA $12.49 $ 13.15 EA $1.25 $ 1.32 EA $3.75 $ 3.95 EA $3.75 $ 3.95 BX $9.25 $ 9.74 EA $0.37 $ 0.39 EA $0.45 $ 0.47 EA $1.45 $ 1.53 EA $1.45 $ 1.53 EA $1.45 $ 1.53 EA $1.45 $ 1.53 EA $1.45 $ 1.53 EA $1.45 $ 1.53 EA $0.81 $ 0.85 EA $3.89 $ 4.09 EA $7.13 $ 7.51 EA $3.49 $ 3.67 TR $2.19 $ 2.31 EA $1.09 $ 1.15 EA $325.00 $ 342.11 EA $0.99 $ 1.04 EA $8.65 $ 9.11 EA $1.58 $ 1.66 PR $3.95 $ 4.16 EA $4.39 $ 4.62 EA $0.69 $ 0.73 BX $16.95 $ 17.84 EA $1.62 $ 1.71 CS $27.19 $ 28.62 EA $0.44 $ 0.46 EA $42.25 $ 44.47 Page 297 of 555 EA $12.45 $ 13.11 EA $12.45 $ 13.11 EA $0.39 $ 0.41 EA $10.13 $ 10.66 BX $74.25 $ 78.16 EA $0.73 $ 0.77 EA $0.34 $ 0.36 CS $29.50 $ 31.05 EA $43.95 $ 46.26 EA $13.50 $ 14.21 EA $0.14 $ 0.15 BX $126.15 $ 132.79 EA $0.82 $ 0.86 EA $20.50 $ 21.58 EA $1.45 $ 1.53 EA $0.91 $ 0.96 EA $1.29 $ 1.36 PK $0.38 $ 0.40 EA $0.94 $ 0.99 BX $10.25 $ 10.79 BX $23.65 $ 24.89 BX $23.65 $ 24.89 CS $679.00 $ 714.74 PK $1.25 $ 1.32 EA $10.49 $ 11.04 EA $12.10 $ 12.74 EA $3.25 $ 3.42 EA $3.19 $ 3.36 BX $42.75 $ 45.00 EA $0.23 $ 0.24 EA $0.23 $ 0.24 EA $0.23 $ 0.24 EA $1.04 $ 1.09 PR $0.77 $ 0.81 EA $0.09 $ 0.09 PK $1,689.00 $ 1,777.89 EA $2.00 $ 2.11 EA $7.85 $ 8.26 BX $21.98 $ 23.14 BT $0.75 $ 0.79 EA $5.69 $ 5.99 CS $165.00 $ 173.68 BX $17.45 $ 18.37 EA $118.75 $ 125.00 EA $2.59 $ 2.73 EA $10.491 $ 11.04 BX $7.591 $ 7.99 Page 298 of 555 BX $8.45 $ 8.89 EA $1.95 $ 2.05 CS $8.95 $ 9.42 EA $10.85 $ 11.42 EA $1.02 $ 1.07 BX $4.25 $ 4.47 EA $2.89 $ 3.04 EA $2.29 $ 2.41 EA $2.29 $ 2.41 EA $2.29 $ 2.41 EA $2.29 $ 2.41 EA $2.29 $ 2.41 EA $2.29 $ 2.41 EA $2.29 $ 2.41 EA $0.74 $ 0.78 EA $12.98 $ 13.66 EA $0.67 $ 0.71 CS $27.45 $ 28.89 EA $0.83 $ 0.87 EA $1.65 $ 1.74 CS $15.25 $ 16.05 EA $1.89 $ 1.99 EA $2.25 $ 2.37 EA $0.13 $ 0.14 EA $0.13 $ 0.14 EA $0.13 $ 0.14 EA $0.13 $ 0.14 EA $0.13 $ 0.14 EA $0.13 $ 0.14 EA $0.13 $ 0.14 EA $36.50 $ 38.42 EA $0.40 $ 0.42 EA $2.27 $ 2.39 EA $1.83 $ 1.93 EA $0.31 $ 0.33 EA $8.45 $ 8.89 EA $0.55 $ 0.58 EA $11.99 $ 12.62 BX $23.25 $ 24.47 EA $7.15 $ 7.53 EA $48.25 $ 50.79 EA $1.59 $ 1.67 EA $1.59 $ 1.67 EA $1.59 $ 1.67 EA $1.59 $ 1.67 EA $1.59 $ 1.67 EA $1.59 $ 1.67 Page 299 of 555 PK $0.68 $ 0.72 BX $16.25 $ 17.11 EA $3.65 $ 3.84 EA $1.12 $ 1.18 EA $1.12 $ 1.18 BX $5.95 $ 6.26 PK $0.63 $ 0.66 PK $0.63 $ 0.66 EA $7.25 $ 7.63 EA $175.00 $ 184.21 EA $0.69 $ 0.73 EA $0.17 $ 0.18 EA $0.28 $ 0.29 EA $1.91 $ 2.01 EA $1.89 $ 1.99 EA $0.35 $ 0.37 EA $2.10 $ 2.21 EA $4.29 $ 4.52 EA $1.49 $ 1.57 EA $1.49 $ 1.57 EA $1.49 $ 1.57 EA $1.49 $ 1.57 EA $1.49 $ 1.57 EA $1.49 $ 1.57 EA $1.49 $ 1.57 EA $1.98 $ 2.08 EA $9.89 $ 10.41 EA $0.30 $ 0.32 BX $2.45 $ 2.58 EA $0.99 $ 1.04 EA $1.75 $ 1.84 PK $14.50 $ 15.26 BX $25.95 $ 27.32 EA $0.24 $ 0.25 EA $4.50 $ 4.74 EA $1.66 $ 1.75 EA $11.49 $ 12.09 EA $0.10 $ 0.11 EA $90.75 $ 95.53 EA $9.25 $ 9.74 EA $9.65 $ 10.16 BX $8.10 $ 8.53 BX $8.10 $ 8.53 BX $8.10 $ 8.53 BX $8.10 $ 8.53 EA $2.651 $ 2.79 EA $29.451 $ 31.00 Page 300 of 555 EA $1.45 $ 1.53 EA $1.45 $ 1.53 EA $1.45 $ 1.53 EA $1.45 $ 1.53 EA $0.68 $ 0.72 PK $0.63 $ 0.66 PK $0.63 $ 0.66 PK $0.63 $ 0.66 EA $1.49 $ 1.57 EA $1.49 $ 1.57 EA $1.49 $ 1.57 EA $1.49 $ 1.57 EA $1.49 $ 1.57 EA $1.49 $ 1.57 EA $1.49 $ 1.57 EA $1.49 $ 1.57 EA $1.49 $ 1.57 PK $0.63 $ 0.66 PK $0.63 $ 0.66 PK $0.63 $ 0.66 EA $4.08 $ 4.29 EA $5.02 $ 5.28 U/M Current Price EA 0.25 EA 170.85 EA 4.23 EA 35.27 CS 23.5 PK 31.25 BX 7.25 EA 5.79 EA 223 EA 2.75 BX 2.45 EA 0.12 U/M Page 301 of 555 The City of Bounton Beach Finance/Procurement Services 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX.- (561) 741-6316 BID: ANNUAL SUPPLY OF MEDICAL SUPPLIES AND MEDICATIONS BID No.: 044-2210-16/JMA CONTRACT RENEWAL PERIOD: JULY 3, 2017 THRU JULY 2, 2018 +! Yes, i agree to renew the existing agreement with the same Terms and Conditions for the renewal period of July 3, 2017 thru July 2, 2018. No, I do not wish to renew the agreement for the following reason(s): HENRY SCHEIN, INC. NAME OF OMPA A,16 NAME NAME OF REPRESENTATIVE (Please print) DATE SIGNATURE ITLE CGz3 ��/ .x.3.20 (�Z-Ve4la 2j3-0) (AREA CODE) TELEPHONE NUMBER VC sSP. ip,2,��i�Ge2 C J�it/rL � i� C'D•7� E-MAIL ADDRESS America's Gateway to the Gulf Stream Page 302 of 555 The City of { {# � i i� }i_e March 24, 2017 JoAnn Rudd Midwest Medical Supply Co., Inc. 13400 Lakefront Drive Earth City, MO 63045 • OF D MEDICA11ONS ID 1, CONTRACTCURRENT •• r I!`- T MOO The Contract for "Annual supply of Medical and Medication Supplies' will expire on July 2, 2017. This contract allows for two (2) additional one-year renewals with the same terms and conditions. The City of Boynton Beach would like to renew this contract with Midwest Medical Supply Co., Inc. for an additional one-year extension with the same terms and conditions. Please indicate your response on the following page and return it via email to: triestmani(@bbfl.us at your earliest convenience. If you should have any questions, please do not hesitate to contact !lyse Triestman, Purchasing Manager at (561) 742-6322. Thank you. Sincerely, ,I.. A2.14MQ Tim W. Howard Assistant City Manager - Administration Director of Financial Services cc: Michael Dauta — Warehouse Manager Michael Landress — EMS Chief Ryan Lingholm, City of Delray Beach Central Files File America's Gateway to the Gulf Stream Page 303 of 555 Finance/Procurement Services 100 F. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: f561) 742-6310 FAX: (561) 742-6316 March 24, 2017 JoAnn Rudd Midwest Medical Supply Co., Inc. 13400 Lakefront Drive Earth City, MO 63045 • OF D MEDICA11ONS ID 1, CONTRACTCURRENT •• r I!`- T MOO The Contract for "Annual supply of Medical and Medication Supplies' will expire on July 2, 2017. This contract allows for two (2) additional one-year renewals with the same terms and conditions. The City of Boynton Beach would like to renew this contract with Midwest Medical Supply Co., Inc. for an additional one-year extension with the same terms and conditions. Please indicate your response on the following page and return it via email to: triestmani(@bbfl.us at your earliest convenience. If you should have any questions, please do not hesitate to contact !lyse Triestman, Purchasing Manager at (561) 742-6322. Thank you. Sincerely, ,I.. A2.14MQ Tim W. Howard Assistant City Manager - Administration Director of Financial Services cc: Michael Dauta — Warehouse Manager Michael Landress — EMS Chief Ryan Lingholm, City of Delray Beach Central Files File America's Gateway to the Gulf Stream Page 303 of 555 Finance/Procurement Services 100 E Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX (561) 742-6316 R" ANNUAL SUPPLY OF !MEDICATIONS BID No.: I 1 Yes, I agree to renew the existing agreement with the same Terms and Conditions for the renewal period of July 3, 2017 thru July 2, 2018. Wi4,CULAr►- No, I do not wish to renew the agreement for the following reasons) MIDWEST., INC. Ar Y I T NAME OF REPRES TIVE (Please print) �Iokcl AT TITLE America's Gateway to the Gulf Stream Page 304 of 555 A Medical Supply Company EMS MmcAL SF CES Divism April 10, 2017 Boynton Beach, FL Arizona Connecticut Contract # 044-2210-16/JMA Florida After reviewing pricing with the manufacturers for your bid renewal, we are able to provide the attached pricing for the renewal period of 7/3/17 thru Georgia 7/2/18. Guam The items that are highlighted in YELLOW are the items that have had a price increase. Price increase letter are attached. Illinois There are a few items that we can offer at a lower price. Those items are highlighted in L. I've also included literature on those items. Kansas Louisiana If the attached meets with your approval please let us know and will have the pricing entered for you. Missouri Thank you for your time, we enjoy working with the department and look New Jersey forward to continuing to grow this relationship over the year. New York North Carolina Sincerely, Texas Pam Boggan Midwest Medical Supply Co., LLC EMS Specialist 386-252-9960 Ext 1053 386-252-9961f 13400 Lakefront Drive Earth City, MO 63045 t: 888-540-3232 f: 314-2 91 -2 998 A Regional Distributor with aftLQrAerffqqS Www.mmsmedical.com rTFfi,.TVM4 29 bmas Rusch $ 152.24 TEL121M5 29 Ru -h 16.00 $ 448.00 16.00 $ TEL121 28 box-46SPA—Wh, 16.130 S .00 vy, *ajrfed r:.T. Tube 4.0 mm 27 MIG6541). B= of 10 TEL121870 27 b—S I Ru -h r TEL1218mv 271 bmam; I Rugg TEL121050 27 blame Rumh Kmal Airway 20 Fr 1 120, Box of TO -- - ----------------- ---------- rTFfi,.TVM4 29 bmas Rusch $ 152.24 TEL121M5 29 Ru -h 16.00 $ 448.00 16.00 $ TEL121 28 box-46SPA—Wh, 16.130 S .00 vy, *ajrfed r:.T. Tube 4.0 mm 27 MIG6541). B= of 10 TEL121870 27 b—S I Ru -h rTFfi,.TVM4 29 bmas Rusch $ 152.24 TEL121M5 29 Ru -h 16.00 $ 448.00 16.00 $ TEL121 28 box-46SPA—Wh, 16.130 S .00 vy, 18.001$ TEL121693 27 bumas Rusch TEL121870 27 b—S I Ru -h r TEL1218mv 271 bmam; I Rugg TEL121050 27 blame Rumh M.dr.u. MSOMS-23922 ■........... to it .......... C, -,f "JOA ?rt A TOTAL 2 oi -I - 2-01q 7.121S 206.413 � TA2 1 6 20r.48 H®�M 7,1213 19224 1 j 7.12 S 152.24 16.00 $ 448.00 16.00 $ "Lao MOO $ "8.00 16.130 S .00 vy, 18.001$ 464.00 mmmml 16.001 6 464.00 1 X® 39.66 S 67.36 Page 306 of 555 Urcuffed ET. Tube &5 mm #W650.1laux0flo Cuftd E.T. Tube 7.0 ram #WS570, Box aF 10 C~ E.T. TUbe 7.5 mm 4=576.8exal'10 ® tt E.T.TubeHoiderFedlIatric Thomas E.T. Tube Holder Case of 1110 LAERDAL E.T. Tube Holder Perialre Thomas F -T. Tube Holder Casa of 100 LAERa4L Cook Pneumc, KA Complete Emergency Pneumodium Set j#Cook911 -COOK NO SUBS777VTES �EID Syringe Model Esophageol Mbibagon Detector MD1DG.boxvf20 WOLFTROYMEDICAL AfO SUBS77nfMS Lubr[ceflng )oily Packets Alrazy Lubricants #00128, Box uF 144 Johnson & JohnsorUPDI ESTIMATED rt QUANTITY SPAND I CATALOG Na UNIT COST T 2 1 bwm SmIlhe POR10011DY01R) 2 bases Smbs CUFFED 1&70 V.40 V.,0 POR1001102MM 54 54 bases I"m SmimsS 13.70 $ 1 73D.00 POR110011102MV 54 S 13.70 73180 POR11=1102M5 56 boxes arnowS 13.70 S 767.20 PORI 0011102070 56 bloms Sm ft �PORIWIOZW5 $ 73670 $ 797.20 57 bomm Sm irm �PORI IS 13.70 $ 78190 00110=80 Sm"s ns"10 PORiO(VI02M I can Kendall 37.39 37.39 I 44KENISM3 can Kendal 62.71 E2.71 KEN480208 I As res® so a Kendall S 84.72 3 84.72 K 1 case Kendall 84.72 84.72 KEN88=64945 1 ewe all 8 84.72 6 84.72 KEN888=4960 1 Kendall $ 84,72 S 8432 5 sun Laord&J LAFAOD-200DO #262J9 S I 1,513.95 11 LwdsF 262.79 S 2,890.69 LAEM20000 REPEAT OF #37 25 each Goa $ 114.30 S 2,857.50 C00C-TPTS-8.5-8.0+SNS 1 1 4 boxes Won TM 81.43 325.72 I LMAFJDIOO 9 1 boxes I Dynarex &66 50.94 DYN1250 6 I Page 307 of 555 Page 308 of 555 ITEM DEC YtOX I 0t CATALOG Hux UNIT COST TWAL 42 Ma h Child S 2 S, 3.65' S 104.00 6 $ 43 RB h Ghtid Sia 3 19p a S $ 3-60 404,80 S 44 M h Ghia S 4 110 h Summed 3.65 404.60 SU 45 Miker Premature sin 0 h Sun ¢ 3.E& # 184.00 s Oa 46 War Infant ' Size 1 50 each Sun 6 3.69 6 154.00 1 6u 47 War Child Sare2 50 each Sunured 3.69 $ 184ijo SLF 45 jklftrAdull Slse 3 130 each Sunnerd $ 3.68 $ 476.40 15-5333-03 SUN 49 Sun Mad G dine each fuleadme 30.61 $ 61620 I'MarOplis Handle, Pent (ChromemPlaisal Press) so Sara Riad Gr none 20 each modsource 30,81 3 &16.29 Floor G dle, Museum (Ch e=Fla wDress) 51 Yankicaff Sumlan To %72tubing 40 laledfturoa 22.40 $ 596.00 1, C of 20 RBS S- 0 (Dynaequal) Mullah :..32.96 52 Studios C tar 6 Fr 4 6 ynarax 6 4401 , Case of 50 p53 S Ca ter 6 Fr 4 I rax #$&214 32.9& X40308, Ones cf 50 6 54 Suctlan Ca ter 10 Fr 4 ccsDynarax S 32.56 16,Gas of 10 i Sudan r 12 Fr 4 s Dynaren $ 9.24 5 32.96 112, af30 0 4612 55 5 e C.a 14 Fr 4Dynew 5 5.24 $ 32.96 114, Caso of 50 D 4014 57 sucuoncedwaur 16 Fr 1#01% 4 cases Dynaves 9.24 S 32.95 Case of SO DYN4016 59 BudonCiftheler 15 Fr 4 cam Cynamx $ 6.24 $ 32.95 $40175, G of 5t'i D 918 59 afar $ S Wr 4 caaaa n 6 56.33 6 23.3.32 9 , Cess of 50 AL TI62C (Ph a w ar app aqua) sold 7 $116°66 60 02 °r PIe Replacement Sunni $ 0.39 3 19. r p� each SUNS -2311 -SD 339= ( laton Medtaal ore equal) 61 Asps , feecorOm t 24 each Alcmene 5 4.00 3 96.00 #0101, Price pereech NEON01D1 (Neotwh or appmed equal.) Page 308 of 555 W 11 11,11W, Concentnabon Meek Infard WAUWQ, Can of 50 1.1fa SLkopart Products M218 or 8pprowd equal . . . . . . . . . . . Ivilmmist Neimbex Compkibe Hand Hold HE 91MCM01,50 Dispo"We sucson Canww For InVact #306C. Cws of 50 IMPACT-ArO SUWVTU7E ESTIMATED 3 31.56 S 1,760A QUANTITY BRAND I CATALOG mcL UNIT COST T TOTAL A&L-tJ 0-1 2 assw vandeb 42.9D $ mo f3as aws madsource 7 VENVR310D 11. .00 MSOMS-220M add Mks $28.61) even DISCONTINUED 5 cas" venm W 42-1011 4 T 214,5110 f� VENVRmw sold 20ka 520.6o A_,2_ no 3 34.951S 69.90 A, AMSASOMS 20 "ses JAII[ed 79.68 S 1,593.60 ALLLW"10. mm loft 66&40 emw0h d Ranch S 1815.01) L TELIS710M saw Nm$91-% 0-S91 2DO 60chRusch 18.881 3."C,00 *250 TEL15730100 SW 6ft $113.28 ISD anch Rusm 18.89 T " TEI-157�100 saki"" , oM Oft $1 132s 12 cam $ 227.641$ 2,731.68 1 JMDI MD170-155 Vainflab 172618 51.78 VEN12D7 J13cam cAmas Van'b tW VEN2200 24.61 $ 73.03 35.16 $ J, Page 309 of 555 3 31.56 S 1,760A FnUmb VEN2101 I ventlab 16-991 5D.97 2110 f3as aws madsource 7 37.5013 11. .00 MSOMS-220M 6 even DISCONTINUED 102 ca sw V S 12.05 5 1,229.10 Page 309 of 555 Page 310 of 555 Tf TED E ®ESE T U D i CATALOG No. UNIT COST TOTAL f n M 78 Mog Airway Cit 20 each V) tai $ No Bid LT-D, sin % 74 King Alnvay Wil 20 each latersurgical Fgei Resus Kit $ 21A9 6439,80® a LT-D®sF 3 At 6 IS18 80 MM Airway Kit 20 each 11 or KR S 21.99 S 439.00 1 LT-D, sft 4 18704M 81 Wag Ainvay Kit 20 1 each Jirrignsurgicar I-ga1 Rom fit $ 21.99 $ 439.80 LT-D. s5 IS18 82 02 RESO BITIMC ED kWK 10 cues $ No Bid WS set vairre (5.07.5MMOca) S Flaw Generate, AAask i0 r GROUP 1 D TOT : v..` r :. y �... �;,. 5 _ $ 5d. 9.64 P91RCEMAGEVARCWNTOFFLASTPRFM FORT &N 83 14 Gaugex1.25' of 30 POR326000 84 16 Gauge x t25" SmIths via Val S 78.50 $3. 00 85 1a Ggugo x1.25®smift 10 via V $ 76.50 $ 6s260. 00 #M. Elma/50 POFW550D 86 20 Gauge x 1.25' bWM Smft Vb Va 76.50 1 $ 5,495.00 0311661 am Of 50 P6 87 22 Gauge V 44 S s Vie Valva 78,50 S 3, .00 0 er so POR32MM sa 24 Gauge x.76' 40 SmRhe Me Vow S 7840 S 3,140.00 3 of 50 89 Venf-Garda Adults 10 s Conmed $ 65.20 $ 652.00 31, Box of 200 - Conmad CON]TI54431 NO SUS -` Id i .60 90 Softct-3 I.V. System +NM+ LAS 50 cases E_ fix $ 102AO $ 16,120.01 -102 case of 48 - Blameft B -102 NO SUBS77TUMS 91 LV. Start Kit Lain F I mown medical $ 98,72 $ 4,938,E DI SUM? WES RO129.5 _ 92 Medic-Plastic eh 21 b S Breun• $ 137.19 $ 2,743.80 5. Box of 500 BBMNF9205 a (S. un) 1- 93 Erdension set W/Utftsft Injection She. 400 each S Braun 3 2.88 S 1,152. 00 MCI SafeLlne lAlacdori Site an T-Part BBM470060 4 (D, No Subs° ) 94 0.9% Sodium Chloride Ir$.,t1Sp 10 s Border 50 mL. 96 per Cavo BAXZB1306 NDE 1 Page 310 of 555 r. MiWebool F.V. prop Pads Medlum,#WII8Boxof200 (K*rKIWFarappr&mdaquaQ t. Tourniquets I.Max-Free, 414W116, Package of25 War Lock Syrtnp w/naeft I cc tube, 25 pup x &S' noodle 1100perbox (Fl -b 309M orapproved equal) 21 pup x W W12'tuba Excel Waged liffusion Set 5D 3G,35cc Luer Lock AM90. 19ox of 50, Case of 5 boxes ESTMATED 1'74 S 12 '3' $ 12.311$ 12,31 rED QUA.ff'r ry QUANTITY MRAND I CATALOG Ift UNIT COST TOTAL jQej'WLZQ.j P�j 28D CMF40 S 73-69 $ $ 20,SMID 21,13 2(-ij I SAX2013M 40 CMOs Baxter 33.916 $71.358.40 $ 1 " 3 12-31 $ 81324% EKE26708 sold 141cs 539.62 IDOO each 20 CFO 94.381$ 1,887,60 40-00 IBAX2BWUQ 3 0.371$ 1193-9CP lcs, 270 each "tar r S S 3.69 6 73-60 73 10 D"62C' sold Wca 32,04 001620. sold 36ft $132.04 said 1Mx $37.W� k4bmm 10 cam P= S 50.55 5 S &_ BIM50 Hs n $ P 39.50 10 cases Pro."- Dyna0cv P cls' $ 67.271$ 672.701 case - ' n JUIR 411 -11 -MPG $ 101-56 $ 101.56 U it I IS 34 bons U le Emphsals S t29 $ 43,811 E5MP221ODS 10 Graham he to Graham Flaid 1.66 $ 16.60 W 1 F4109-ILF add d2 $1&60 $16.610 40 boxes �Van{ h point t 46.66 $ 1 1.8 .40 1 RET10161, sold abxks S373-28 40 b— JVrjah polm 5 41.11 $ 1 ICA4AG RET103811, sod Gbxfw 6.66 40 bom Vanish Point $ 51.11 $ Z044AO REN10131, sold 6bxks Vae.es IEW 1 20 bwors — $ 9.85 S 119740 I I b. " 1'74 S 12 '3' $ 12.311$ 12,31 � jExa EKP26704 I box S 12.31 $ $ 12.31 I JEW EXE287M ob, 'I 1 box low? 3 12-31 $ 12.31 EKE26708 IDOO each M 40-00 CSIL t:I 3 0.371$ .00 EMCE0100-01 -'Ckje-L I �&P said 1Mx $37.W� k4bmm 4-L'R'Ft 'q a boxes n $ 7.90 $ 39.50 ISS ESM4617100v.02 case IEIII $ 101-56 $ 101.56 Page 311 of 555 Page 312 of 555 S I TED RTEM 0 DESCRIPTION QUANTITY BRAND ICATALOG UNIT COOT TOTAL 113 50 cc Syrfinge e Tip, 3 095 exal 15,3 5 46.14 25 partmick 0 26301 1 (Excel Ora d l) sold6 $92.29 114 MpAr straw 5 MWOM 100 seen 6 Braun 5 0.37 5 37.00 1.7'9415021 BM415MI #262M Box of 100 s t B.Omnara radGROUP 2 GRAND TOTAL 5 93-114) .. � ` - . _ P&WOUAGEDWOLWOPFLIS'rPRICEFVRffanF Wd TM2 115 AdenoWns kO, USP 90 each - s mL NDC 7 10 116 ,4dmmina Ird., UMP AD anch . 12 nPl4mL vWA KDC 8.01 117 AbLderul Suffaft InhabolanS01vu0n wo each S _ D. %, 2.&nW3 m0AW IndlyMally mapped NDC 0457-95111-0119 (no a ) 116 Amladarone HO Irg, USP 300 each_ 1 , whia NDC67457-ISM3 119 Ammeada inhalants &D bmn _ 0.3 mL sof 10 NBC 464%3333.2 120 ArphIn Chowabim 70 � . $ 61 mg, 36 ToWN A0M@ NDC 576 911- 121 Afroptne In)., USP 40- 400 re oWmL, 20mL ` ht f 1 9 122 AVIONe W,e LOP 3DD mach $ 1 mg, 10ml.wAvarL NDC 054&3339-M 123 Coklwn OMorlde i€e1.a USP 100 vach S S 10%. IODmgftL, WfLuar Look NDCA-00 124 Coldum Gueonme Inj., Use 30 each 10%, 1ptfOmL AW NOC 0517-391 5 125 Diphenhyalskneam 200 emoh 60 ffeI mL adal 1 UPC 1 126 Dwahw. lad., USP 3D each S m 2.5 go., 10mL wfLuear Lock NDC 331 Page 312 of 555 Page 313 of 555 ESTIMATED ITEM a DESCRIPTIONQUAKM CATALOG Na. UNIT COST TOTAL 127 Docarces, IV., USp 400 each 25 Dan., 50 mL w� t k NOC 1 129 DWmm HC1 in), USP 20bomg _ S 2s ffjffi mL, ICWaVbm NDC 0703.1 929 Dopanihm FICI wgj_ usp 1 ch 0 mL NCC D409-9104-20 130 Epina mtdna Ing., Lisp 100 each S 5 110W, 11MVMLAmpula NDC 6.7241-01 131 Epphdnv Inj„ USF` am each 5 . 1:10M, IRVIO, rt C 0548.331sw 132 Ebedde Ing., USP 70 each 25 ffo J10 mL, agar 141 6 i 133 GbM@n (OW NA in) 50 each Packep cmdalrdna 9 LU, Gk=gmn 1 mgbnL shark M20 P*r re an NDC 5 1 134 lommi-Glumme so each ffi y 31 he 135 KeWmWne HCI Inl., USP 3D each S S m 10 waffilax N 87457 1-10 i L knc r4.'USP _ . 231,1D0 mL„ Luer Look NGc 137 mmangamum Same InL, Usp 50 each S 1012 mL vial is NUC 0517.2802.25 138 Mark 1 Angidaft KR 20 each 2 nV AlraplrN 2 PAUCL NCC 117"101.01 139 mehymm Blue lag., Lmp 20 each y . 1 ,10 mg;1mL NVC 61703-402-M 140 mt ing., P 10 ea 9 e&u mL, 10 als I DC 1051 T 141 Mmrphkm Suffift In], LISP 30 each 40 ,25 Wabbeeg NDC 10019-178-44 1 142 Narozone Ing., ISP 60Feh 1 3 S 2 ffkW2 ML, wPLuer Lack NDC 054 143 Nlgec SuNingsaa Tableb 70 h S $ _ 9.4 25 Tableggs SW@ Page 313 of 555 Page 314 of 555 ESTIMATED $ 1 DESCRIPTION GUMTITV BRAND 8 TJUNIT TOTAL 149 OrQ HCI tsS., USS'' 36 4 ML, 5 waftaxNDC 114145 um Bice Iq., P 6o Ouch4.2%, 5 me9110 mL, uar LCDD 51.36 um fit ata Ing., LISP ch $, _ &A%, 50 mL, w1Luer Look NDC 0548 -M -M 147 Sucefflochladnes CNmWa Ind., USP each$ _ $ 200 mgf10 mL, M NDC 04 148 T I NCI 75 each Opmaknbc, swuson usp, 0.5% 15 mL boWe MDC 242 149 Vasopressid Ind„ US 10 boxes 26 Ua L, 25 whilabox ShDr, 0517-0516-25 GROUP 3 GRAND TOTAL (Same 115-149) ` Ca of h P 156 8 p u9e G L'@P{�an $4f1 $ 1.9.OQ Dail® TUB cele �h� .} -1 1 •1 each$4.,9d Zdan orro et INFANT 151 Blood Pramum Owes 40 bsebeVerkumn $ 45,40 8 1, OD Double Tube Disposable Small Adult Sia I -1093 C9312L - 10&w Paul @men S9 ,54 n of ual CHILD 152 Mood Pressure Cuffim 125 Va d6lan S 48.40 $ 6,050.00 DoubW Tube Diopmable Adult SIS -1081 ZCC4212L - 10 ax add such $4.84 Zdm or a 153 Blood Pmmura Cuffs 115 bases vaidian $ 49-90 S 3,73a.56 Dauer Tube, DIspossaile Large ,0duft Dumb VRDML1082 ZCC4112L - 1 $4.99 Zeficn or 8 mead I IrA Plead Pressure Cuffs ' boxes vwkan ffi 5120 $ 258.50 Double Tuba DMpusable Tolgh VROM1085 C4012L - 101box sold each$5.33 Z.aPs or neved us 155 ftod Pressure G 5 $ Wmrldlan $ 41.411S 24E. ShVie Tube Di 6eDhHdS' 1094 23 iFAQp-1 acid chS4.SA Page 314 of 555 Page 315 of 555 ESTIMATED I ITEM 0 DESCRIPTION GUANTIITY BRAND I CAT No. UNIT COST TOTAL 201-)- 156 Blood Pressure Cuft 20 1 boxes IVWWan 48AO $ 968.00 Sftla Tube ONxmmble Small Adult size IlZdm V j P VPZ02-1083 ZSC4301MQF - IlUrbox add each $4.84 ock or approved eousq CHILD 167 Blood Pmaura Cuft 8 bod' P"'oe u re u ff a 2D bo*m Veftgn 48.40 5Sm.00 PC 5 b as TubeAdL ShVIG Tube Disposable AduN SIep le I VR' VRD02-1081 M ZSC4201MOF- 10/box F 1 neb se" sold each $4.84 Zeft or Nuall UelI P 158 Slood Presswe Cuft 20 boxes Verfdlm 49-90 9M.00 u be Tam D L Sftlo Tube Disposable Large Adult Smm I VRM-110112 ZSC4101MQF - 101box ca said each 6449 eal P r-4 159 Samd Pnessure Cuft lace :'e"' 10 bm—a Yell 11 8 1&331 1 5n3O is Is T4 Single Tube DlspommW�ST14"4h -1 ON ZSC40DIMOF- Iftam box Saw each S& 33 opereverl uef�an wr approved a usi 16() P are Butts 100 '00 2.451S 245.00 #875 [ADC'orL J�Dr- equal) os') 161 1 nog as map 600 "a $ 6.18 $ I 1,188.00 ADC u al AMENMN IQ Stathascopm-Prosco" Ii'm goo each Mr S 1451 $ 6W.W 2rTLjb1q, Color -Pink IMS701SIP (No Substhift) 163 Penlights 100 peol's Ve dian $ &20 3 320.00 Dlsposmble� 6 per pack 1 jVRdDj"W Mcom or Uel ;peckages 104 Mogan Mor -Flex Lens boxes $ 000, 72 I j,M,"rRMT2D1 32 6r4 1V'K (Morban or approved *Val) 185 SwIreclas ad 7 cases a n 91.1111S 637.77 is Poddlabir, 3 par pkg 439725 DO 2 a per cm �Ko: 204ptm M ubs KEN 31 3143976&No S!!t!2LA�m 166 Socirudes zw ewes Canr,,.d 5 174.78 34,9W,00 posum olaphoreve G0N1l8TWDD4 Aduk 40 per bm 30 bmm W one 7zold 15bxim $87.39 L) 13 11X 187OC-004 l(Conmed-No Subsftdo) 7 , 11Prap Room 40 boxes Nikarned 15.01) $ 6130.00 14251, 51) per box Jyrem, D 25 I ("kernad ore EgLog M 180 Magill Foremap 24 each ADC IAME316 3.9795.20 A216D 11' Adel Stainless Steel 169 Magill Pore" co'. 12 1 each JADC &G4 43,111 #1827SD. R'ChlIdGlainlessamm 7oro23- I JAME315 fBAP m"'ved D 1" "r :'cromps 24 each ADC 1.77 $ 42.481 — :A AME310 -Might 111� steel (EMP vad ,.I) Page 315 of 555 Page 316 of 555 ®i LPLO 0i r I ON t CAT OG a. U COST TGT –� _1 20 eedt num Md $ 9.70 S 194.00 Id uelds FFESTIMATED 20 M num Medi l $ 2.61 $ 92.20 rML1 1d aquaf)ems ° au $ 0.89S 13.20 M H IB EMP or '•'�';- TG TOAL $ 63,1i8.d1 •173) 1 VA GE DISCWWOFF T T % t7d PeHft 42 W .. tie $ 168.41 $ 7,073.22. Ca , 30 AER E 23t ( SLFNoSu ) 175 Mlnf 9 bo $ 1 .dt S 1,515.69 rmbrble Coler, r JAMBOOD-281,106 lydont, and Gerla 5 ° ( BU-No Subs ) 176 balm Straps 788 Blck I $ 1.52 $ 1,197.76 5'-0� & Hlua 47152OR T lntwNh Lok 471 L B or a u 177 I Ul Immobilization 2 113.35 S 228.70 Board Cawing Casa 8 IM.dSourceS M PI (LSParapp equal) 178 lam d for Ilm'snWedlaft 4 ILSPIANfed$ 70.11 $ 280.44 Immohl rd L72 179 K_UL Complete Kit #125 3 mact S 112.86 $335.64 IF.. 1 y —1 Kendrick Extrication Device FE 13576 g tl + (FEWIMONko 5 ) 180 Traction Spent 2 each S - No Bld Sager farm It bilmlarxiff. Made! 8304 1 (SAGER- NO S) 181 Traction Splint 2 each S - Na Sld Sa P model( ER- Na subs ) 182J.=p r 2 Bch He II CamWamer $ 7,. 1,501.72 b er 11 CC22WP 22 a SU 183 Dt able balm 100 ,r Posey $ 3.75 S 375.00 Umb Holder POS2510 #2510, Price per pair- Posey AO SU T7 5 184 rc n 64 each am Medical $ 4.59 $ 774.60 44, 6®' x 64• L, Blue G 92 (Ch am arappraved eq I) GRAY Page 316 of 555 MEOW-" 24 1 each 24 each 24 esch 78 Ceses . . . . . . . . . . . . . ... Page 317 of 555 21.8813 52M2 12121 $ 131," 1 1 5 683.5D 104.30ita--- 16.3018 391.20 1 r\ Ctg lo - 193 DUMFkal Hlypo-Mugaft a Caen L))— 7 95.16 $ 761.28 17.55 5 421.20 12 foRs par 12 b�om par case Ici "OYSIAA— $ 7.75 186.00 W 8 141 k W a $77.50 DeranFow hvpDAflGrjsnlC 1' cma DMrex 915.101 S .5 Crain Tape V, 05148 DYN3564 I 00 4 rolls per box, 12 boxu per cam 3' 26. .47 Page 317 of 555 UST FRME FOR MM MEAR,74 BUrNOT USM IN TM eqoUp, 193 DUMFkal Hlypo-Mugaft a Caen L))— 7 95.16 $ 761.28 C!Tape CM Tape 1", 85144 ' Eparbox 12 foRs par 12 b�om par case 'r . J & J or a roved us" 194 DeranFow hvpDAflGrjsnlC 1' cma DMrex 915.101 S L Crain Tape V, 05148 DYN3564 I 4 rolls per box, 12 boxu per cam 3' —W&Jorwrovedequal) 196 RandAlds%'xT 23 masses ASO S S 17.28 3 "ll 397A4 317A4 #4634 ASOC60201"12-M ,ca J._ 7 150 per 1001bx� l2bx/m $11.52 J&Jor roved Ual ed 106 age., Triangular Bandages Is I Imadsource ±24: 45.00 824AD H1 2 ss". 011202, Nan-Slarls� SW x W x 5 M5 3-11 2 b 12 per box, 240 per case " per rm J A J or approved equal} , , " j 's'. 197 — - Adapdc Bendeges 26 Mo0c A3 $ $ M-18 OWS 02D12, 3x 3' rSYS2DI2 50 W box Page 317 of 555 Page 318 of 555 ESTIMATED ITER 0 DESMIRTION QUANTITY BRAND I CATALOG Ism COST TOTAL 198 coniblymbear Pads 14 cam Dynarex S 30.601$ 428,40 023145, S'x R' DYN3501 25 per bm 16 boxes per caue, 400 per 213ft 2ftdcs (400 pw case) case. J&Jara at 199 2' aterfle wing cam isDynam 1728 $ 311.04 H922 DYN3112 12 par boz, 0 boxes per case J (& J or approved equas 200 Traurna Dressing 17 36.72 62424 U414 4116", 11(rX30' U OMS" 1 IEW261.=.36 S) Par one 03=6 merflear or roved ual I -T 201 Smart C Mind coaft th"Offt 6 21.E2 5 4713.44 #6924 DYN3114 12 Gov box, 6 boxes M case I 202 Bledle 4'x 4' 1 Z-PIy Q eaAR105 $ 28.921$ 215..36 M2, 25 onvalopert oil bo PGF44821 24boxereporcas% laCOspongasperoped I(Cfrnarrrx, J &J era equal) 203 A"O i an Cad a 9 1 3 bom $ 84.68 3 254.04 10 per ba Rusch TELS49100 NO SUBS'nTUTES 2(m Cabart Salf-AdhVft arord p 2' 20 Dynsm $ 20,86 4 417.20 #1582,36 per bum 17 9172 (id or Oppruved equal) 20 Economy Cold panks r x a' Cases D $1 As #21124, 24 per cafe G 451 (Clasa or appravaclaq 8() 209 Stalla Bum Shoot W`x 9W 11 MadSource, ig 11910 6 211.20 97010, 12parcese MSOMS49SMM (GAM or opproved eque) sold each $11.60 O.B. Wlt, Soft pack 120 each Mason marrikal $ 561.60#2030 MMD1702 (EMP or approved eques 208 Safety ScalpId. &car 11 4 bum Dynanax 6 6.42 6 2&60 #1611, 101 P box P 416 (Owwrox or approved coual) B,y Beenn"30 Gore Moffitton $ 1.611$ 40.30 O4 MOO1 � Para ed equal) 210 solar Butifing 30 anch GAM 3 3.T9 3 113.70 #112, loatherml raw BIN" sladle I(GAM OM165D4DD&0B0D I ears equOP) 211 Hydrogen Permads 3% Be offizes 6.70 3 3N.66 WA001 K 001 '16 oz. bofflos, 12 boftlas per ewe - JM2dlftie or !ppoved squall ) Page 318 of 555 Page 319 of 555 Ear A W7 GT DESCRIPTION d SAT �. UNIT P TOTAL 212 Sponges,22 e®sea 594.64$ 662.59 F 620266 IAS casetoe poll 213 5 gee, 4x 4' 1S 5 26.92 3 454.56 Simla 12�F'ry, £MPG 1 25 en of 2 boxes 1200 sponges per cm 6 JSJ W E SM 214 Suds I 4 Spray 160 each $ lie BEd nfi `®n papers Su 7 „0FL911 ( Labe or approved equal ) g SoIlm 16 $ 40.72 3 651M 1, mL Wlastic es JEWMEW F7114 02M14,12porcm (Border or approved equal) H21 Naa Polish P 4 s P01 3.45 S 13.06 #71200, 100 �@t�8712 00 !asap I} uP�GRAND T�1AL 10.419.02 ` ( 193 e 216( E. .. m T FOR [YEW 7 s, .a 217 Gloves, Molls, Misro Flex E cases $ 89.27 535.62 al — Rate smell Insuil loll"ra, MES 10 p per - fi Flex 216 �! tdipl@a Mtcrp Flex 11 es Mlc S 00.27 5 951.97 rru—ltze df U M Alt 19 par - Maws Flax NO RO 7 219 Gkraia, hi le Mil Flax 19 Masumax 89.271$ 4,160,51 S — Oka Large US901- MI L 10 boxes per cam JMWRGFLEX- No Subaftulz 226 Gloves, N3 Ml Flax 17 MI ex S 50.27 5 1,517."„x9 Su — raw Raise LID L M108 10 boxes per sass - Micto Flex SURSTIWrE Zit Personal AnImbrabia Wage ter $ 4.37 6,91 PALLS. fill 06 100 each per box I(Saftift of approved u®I 222 Hand F 342 each Afters 5 7.60 3 2,212AS anC 9 STEMM ual 22-3 s 1 t(MD-dl 46 as Matlegan S 79.E $ 9,31.92 Red e t ACT4541 gallon size case or approved eq lj Page 319 of 555 Page 320 of 555 ESTIMATED Pe-, " IT 9 DESCRIPTION QUANTITY BRAND I CAT0 No. UNIT COST TOTAL =4 8 r Rep #45-54 43 Mae Msdogen 40.20 $ 1.728.60 Red Dkpwable ACT4&,54 31"X41', 16galIon sim .50 per box, 5 bmm per cam. (140Ind ustriescrA ad equal) Wrov 225 RContain BE) 103.04 6, A4 isharp Que.: 1 BID3MI17 ce 36 Dickinson STTTU 226 ShM Contshers B MddnwnM 50 cams -12 $ 6.256-0 0 Size Quart Red Weiser top &ua 1 1:3=4 1 OWSM - 24 per cam AID SUBS77TUTES I 227 uaa rculcals Masks 4 Caft. Kja rdnftrty Cqwk-KalysM It 124.35 $ 497.40 Ike '_ 1. I'Tomineu, 1,,F K/C46927 "rb__ Clerk BbyJcs SU'S I 226 Twhrrol PF R95 Tutremulasis Maske 'cela 4 cases "fterly Clark4imiyord 124.35 497.40 Sim Medium, 046727 KKA6727 35 per box - Wrnbedy Clark Bbxks NO SUBS77TUTES r I 229 Middles Surgical Moak912203=0 24 ban Dyna rex 5 4.08 6 97.92 Blue. One 51m Ffts AN - 50 per box DYN2203 1 I I I(Dismarox or evoromwed equal) r I 230 83712 10 Dupont -11.791$ 717.90 iS'rita JwV r 'at both ends jrS1w@ DUM5DUSINH000200011 200 par Is 6WcrateWMasouall 231 protective E 200 each 2.84 5 668.60 High Impact protection Opflomfly Coff@d Lww j:VJmbmflyC1ark-HaWrd Vftmfa pArmmds, dW19D 76 (MDS Mobx or approved equal) 232 Convenlance Sags 3Cases GKR S .82 i --7 770A6 On@ Size, one-way plastic G 0 (V*MK Bw), NGKR70W 12 per pec s. 240 per case l(GKR or approved equal) 233 Chum Absorbent Comped 6 cases 20.1716 121.02 Undo ds, 12'x 17' 11,11 DUK11724 17x24. 3110ks 234 DispembleGlessea#11108 220 each Graham Field 1.26 277.20 Clear Pulycarbansim Lomas #1 ODS 6 7 1 (ADEN BAN IBM) 1 235 Cavicide 24 oz spray battle 36 each C 7.74 S 278.54 Al2024 MET13-1024 (MW- - pplwad equal) " 7 GRAND TOTAL GROUP217- 28,1112,511 (serse (Rum 217 - 2M) 'GE DMOIXT OFF L0TPR?0E MR ffEM WALAR TQ MffNOT WUM AV "M QRQUPr Page 320 of 555 Page 321 of 555 ESTININATED pr,�j ffEM T BMWION QUANTITY, BRAND I CATALOG Ift UNIT CO" TOT AL 11wenejumi, 201-1- . . . . . . . 236PPlus IY .20 gauge x V 6 boxes Me VeNg 78M 471.00 40T JPEF jSWft POR3 M700 2DD-Ddl SU Tf 217 r1lal: Envalan—w—SvrdW. Medical 12 each ME CL 112-m Immoo Q." Trach Crb*VMSWM Kft I ISm PORIM46104or REP IM46WOW 0 3 WL w 041-1 A10 SUBS77TUTE 236 Hudson BW Adult Mask Dtspogmble E vm 150 asch Hudson 11-951$ 1, .5D M adis c �I;InL-l'ResmdWtnr With now Dkerfadmask TET2 P 'eF 2 M72 = 0 A_ 041-13 +fiWA CT OR APP VED EQU4 L 39 , L, 239 Misch Lfto NOD48522DO 6 each Pinch C30 25.81) Miller 2 rem Blade TELW052200 S 8, , " tandard FI7,Jng La"ow*e 041-16 NO SU8STRVTE PREPEAT173 2406 Oxygen Mask - Adult SIN 92101 low each Vandab 0.831s 631.60 jVanfimb wth I vaWa and TU2 tubing VEN2101 041-1 EX4CTORAPPROVEDEOUAL 241 WOO Load ModIcall/Alreara 20 each Sm re S 1.37 3 27AO Eadobschmal Tubes 3 mm Culled wl SWM 1 PORIO(WI021030 REP IDDROZIM 041-I9 EXACT CRAPPROVED EQUAL 242V =7TOOLVA471re 30 each ISMINWAkcars 1.37 3 41.10 m C uffed w/ Slyleft POR100i1OM40 REP 10011aM0 [EX4CTORAPPROVED 041-20 EQUAL r Will La' 24:3 Will Lead MedIftwel(Ahosm 25 each SnOWAIrcere 1.37 $ 34-25 n' Endowacheal Tubes Cuffed w/ StA a fis a mm PORIODI102JM REP 100 M021M MF 110M W 041-21 EYACr OR APPROVED EQUAL OR A VI 244 Wen Lead MoctraVAhmane L con..' 50 each SmIthslAkore C37 6 68.50 End Endobucheal rubes 6 'nffi Cuffed Yd Slyleft ohnec'.. 6 POR10aflOZMW REP 10011JWJMW, 02RW _pjI-22 EYACr OR APPROVED EGE14L 245 Wall Lead MedicaVAIrcam 00 each SmIdWAireare, S 1.37 6 109.60 Endobacheol Tuba 7 mm Cuffed Yd SW&tbe PORID(VIOZWD REF 10CM02M70 041-23 EkACT OR APPROVED EQUAL 246 Well Land MedicaVAImare 2D each SmWWAlf are 1.371S 27.40 Endoftwhaell Tubes 6 rem Cuffed wl Stylefte PORIMIMMO F1 1 MM 041-24 1 EXA CT OR A PPRQ VED EQUAL 247 Laardal Adult Faxiotrachear Tube Holder 7b oath Laordal 2.63 3 183.95 REF11ODD LAEODD-10000 041-25 1 SCACT OR APPROVED EQUAL 248 Soft Medleaf Supply - Nabugmem 200 each MedSou S 0.75 5 150.00 with tee, tubing and mouth place OM S3 MS -22M 04129 EXACT OR APPROVED EQML 249 Ru sch DImposable ET Adult SVefts —50 bmm $..ad 65.68 3,21814.1010 Sick SVefts -tube aftas 7.0 - ID.0 mm 1 SU 73 REFIOMR SoxcF25 W EQUA 041,EVACT OR APPROVED L 2-56 �Teleflax Medical - Infest 64-- 15 each 4 - No B—id Phs"eal AArway - Sim ODD REF21211 M�132 EXACT ORAPPROVED EQUAL 251 Rusch Nose Pharyngeal Army idbe= S irma s 160.00 Soft PVC - Sam 12F IMedSoLmn MSOMS-23912 � 2- 50 REF 123312 )41.33 EX4CT ORAPPROVED EQUAL 252 Complex Neon Pharyngeal Alway ' al 10 boxes MadScums 160.00. PVC Soft PVC - SF 14F '4 MSOMS-23914 T ELi i 3aN 2-k .a„9 b* 0 -'VED EQ'M 41-M DACTORA VEDEQUAL 253 eh "S 0 boxes MadSource tl� 16.00 1 60.00 #R:uachNwoPharyngodAhM C _ SL 'r Soft PVC -S1 SIms 16F PV - 'F MSWS-23IM6 REP 123316 —T E L% 2- 1 IX4 k>y- 41-35 EXACT OR APPROVED EQML 0, 'Ov , ch Ph.'Y' : Z IS boxes 16.00 6 240.00 Soft PVC. -Sim ISF jM@dSource-j-,e,UkU MSOMS-23918 --T Ik:bL REP 123318 fILI ?- 1. b N Page 321 of 555 Page 322 of 555 MedsourcNaso Pharyngeal Airway 'Soft PVCa - Size 22F M&23920 EXACT ORAPPROVED EQUAL Neso Pharyngeal AhM Soft PVC - Stre 24F =APMVEDEOU,41. Berman Airway/ Sun Mod Oral Pharyngeal Airway Aduft XL - Size 6 1710 mm EXACTORAPPROVEDEQU41. Berman Airway I Sun Mod Oral Pharyngeal Airway Adult Medium - Size 4 1 9D mm EXACT QRARAROVED EQUAL ermon rway/SunMed Ond Pharyngeal Airway AduftSmslF-Siw3I$Dmm EXACTORAPPROVEDEQU4 ifto - suras Medical Pmtad PV Catheter 14 gauga x 2' REF 40813 AlOSUBSTRUM C-ovWlen - 3 x 9 Vaselhe GaLmb Pink Sterile - pecia of 10 REP 8884413605 APPROVMEDUAL .. . . . . . . . . . . . I . .. -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - MIMI- 2 x 2 Gauze Pads 4 Ply - Non-Stadle Pa& of 200 OFACTORAPPROVEDEQU41. S* Sterile Gauze Rails 2 Ply - 5 ydL Unaftb:hW Sterile - Box of six mile EXACT ORAPPROVED ECN441 ,Zr EWft Bwdage Ralls Latex Free - 4.5 yd& [sax of ton runs ♦ CT EQUAL -STEWI=. = �latuFma-4.5y". ;:Box often folk OfACTORAPHICIVED EQUAL Yukal Tmuma Pads M= Sterile - Y. x 30' :REF 11031FTD ExAcrORAPPROVEDEOUAL YClathTspe ,Whft*AdhosW* Tape Box of 4 ralk EXACT GRAPPROVEDEWIL BD Syrinp - Slip bp with Preckion Guide Needle - I = Tubercullne REF 309M 25g x 518' No syssmvirn vanishpalintSy"s 10 cc - 219 x 1 V2' REF 11051 Page 322 of 555 r EST FFEM N DESCRIPTION TV GUANTffY BRAND I WALDO lack UNIT COBT TOTAL 274 T.r-ur— Noodle 2 cas Gas" EKd 40.00 $ 80.OD 9 gauge A $1 1 '99c.a.. Fat BOA REP NN 19M rlff:�TED Said 100ft 64M 041-78 w aruwTnUTES RO "W, D".'et TSRUMO DISCONTINUED ZnS intencossocs Iffudon Noodle 5 agreas ewes Cook 239.59 S 1,197.95 18jrj COOC-014-16-&C-T45 REP.07 me W. 041-79 NO SURS77TUTES 2n ADD Blood P ura, Cuff =9=9 Is each Menage 4$ 4.99 74,81 7445 VRD02.l0U 1 REP 76D-12XBX 1 211-62 EVACTORAPAROVEDSOUAL 277 Fluid Resistant Sue Disposablo FkW 10 he 'go"he"' P.LM 813.60 813.60 Shereft - 3D`x 72' GRA65M Pmokofloshoals, sold 501ce W20 Mos 041-M EYA 0T OR APPRO, YED E(XM L 270 73M Heavy Duty- Fluid hapandaus 350 ch Grihorn 'I 1.01) 1 351M00 rulad pa"able Blarensep E=73 � GR:A548419 1 4�TW 041.93 WC T OR A AFROVED EGU4 L 21`9 CoVigan ShurTS Needle Dismal 200 as' 0 camien tl L03 j 326.00 Sherpa Cwmlffw - 20 count �E=TGR KENS90M %I 3.1 041-94 VEDEOUAL 4DYN4&M 41 280 CoWdlen alwrp,%(* Nodally Dialearsal 400 each Cwdkin 5 -L3D 3 5M.00 Sharp Contester -Single use W8301 1 041-M MAIGT OR APPROVED EQUAL 281 Covacen She"atchy Visage Disposal Ila each cavidlen $ 4D8 3 448.80, Banner Contoinbur -1 count KEN85078a, REP 85U78A 04146 CT OR APPRO VED EQUAL 282 set 5 08M CoVdient0agoo 42.14 S 210.70 1210=mwa Connacthat Tube KENSBBBW1606 114"x6'6 le ixi-ge No ques'nTUTEE 283 Stedto Water End ad ie�r Go each 8 Broun 1.85 111.00 larn iffigation USP SSM 9-01 I SEP R5001-01 041-901 EXACT OR APPROVED EQUAL 284 James AiwwKfa MUbsciewtal Berafan S'M :7 5 boxere it "a lealt S v S 91L all Thwhire Swab USP " NiCS424M REP 882 �Pol sold lifirbat $9.19 0410-11132 EvACTORAPPROVEDEQUAL VE ad, en sera 285 Medina I py! Mcchol 70% .11 16 cz- bathes. DD022 REF MDS09y1= 041-104 E)UCT OR APPROVED EQUAL 286 CWifien Andbousertal Prep Pads so buss S 1.29 77,40 Medium 2 ply • Box: of 200 EMP22ODS REF6918 041-105 F-YA CT OR APPRO VED ED UAL j34.0 287 Maris Alcary Plus Antibacterial Foam 160 Much Ste AI 6 7.09 $ Hand Cwrxw - 0 oz. STES39938 REP 6399111IW411 041-107 NO $WSTnUM REPEAT 288 Unsfik 2 Named Leopold 90 boxes UA71SR2 ad &52 ?6&80 Stadia - s1rhile Use Caploary Sow OW 00 Sompling Diodes - Box d 50 REF AT0700 D41-108 No sues'nwEs 289 Mordaw Madical - Orange Fluid Inriservious, 500 each Mentlean S 4.96 2A90.00 V Strap w1buckle IMOR13MOR REF 1 BSDxw.V 041-109 NO S 290 Marfirource, M Tarnow Stothos 30 each verldian 136.20 Sprague Rappaport Sple VRD02-11001 ft 22'doulft twbrgo 2 diaphroM 2 pal: ow t1pa and 3 bob 041-110 EX4CT OR APPROVED EQUAL 291 MeftourcE Medical Stethowatea TO each Veddlon S 1.76 3 WAD 27tubtral with dual hand chrome rated VRO05-12001 biftwels REF M&7DD31 041-111 MCT OR APPROVED EQUAL Page 323 of 555 Page 324 of 555 MA ESTITED vfm%s P , I, " ITEM 0 DESCRIPTION Qum BRAND I CATAWG No. UNIT COST TOTAL 292 Ilan clazars :,.I 40 each ABC 2.46B 99.20 Iha, ' 1 I AME302 I 1-11 EXACT'ORAPPROVED EQUAL 293 BASShears AukWavable al) each Mediscums S 0.89 55.20 Stshnew I; wM saboly bandage Up 1EI(ACTOR PASOMS-SHMia and one so edge 7 W 041-113 APPROVED EQWL 294 ADO 4010 411 S 2.91 116AD BW StIcks - Latm Free AME4010T I 041-116 E X4 CT OR A PPRO VED 60 UA L 295MCal Ualumided .Fkrw =WM" FI- 5 bOM DISCONTINUED Sbdb, Single use IND REF MX882 041-117 5U 296 d ""b"Tub" 40 each CoVdian 48.50 1,940.00 - as Tracheal Airway whh X -Ray � 11 MAL5-1854�IEE1118541 sold fts 5194.00 041.119 R I 297'am Am"no"As Inhaler& area P 140' 1 1401 011.121 0! C T OR APA EQUA L 298M@dlcal ons ICBMBX 50 padMes Medegan SA2 5 421.00 Sic Wasts Bap Red - 26x 34"' 1.2 ml I ACTIOSMEX 50 begs par pecilwagam se ca 1 sold 4pk1ra $33.68 ,,4,-,22 NO SUBS77nnw 299 Blo Hoop Bap 60 packs ?6reaqN S 18.91) S 1,134.00 Ilieftell 301 begs; Packs of 12 KwBH1100H REF BH11WH 041-124 NO SUSSnTUTES 3W Board - Long 100 each Dynamics 0.67 3 0727 jArm Wells 3' x Ir 11'redsion PRD4W02-11-NFG REP EATUN EWIDD 041-125 EAACTORAPPROVEDEQUAL 301 Ruselt 50 each 4.30 2i5:w ND'3 Mde � TEL TEL004OD3300 R11 4=F1 1 041-128 NO SUBS77TUTES oh 3W �= Mae Slade I 30 each Rusch TEL 4 4.30 $ 129-00 REF 4BD4400 I A'4010-- 041-129 NOSUSSWUMS 1 303 Rusch 10 each Ru sch 4.30 $ 43M No. 3 Miller Battle TEL REF 48533DO 1 1 A, _al.130 NOSM?7rVrE8 304 Pred'slan Mrs Glucose Teall. Stripa 100 boxes Precision $ 22,15 $ 2.215.DO BOX of 50 MED99L38 REF 99LM-0 D41.131 INOSMSTRUTES r 305Edine Soluffan - 16 fl. aL 20 bables Purdue 5.19 =80 P,cal Andsoplic FIF67610-15D-17 D41.133 OfACT OR APPROVED EQUAL "'U g @dWe Resuscitator 20 each Arnh. 16,86 $ -337.20 I SPUR I AMS530414-I)DOS REF 530214 041-157 NO 5LMS77TUTE5 3V 150 boxes DIgbare 7.83 5 1,174.50 Dorider NMI* Glum - SMALL, Purple D1G0FR12.1 IDIgItcareDFR12-1 50 per box 041.16B NO 3LIBS17TUTE5 300 09ftere DFR12-5 350 boxes Olgkwm S 7.83 3 2,740.58 Dderider Nitrile Gloves 001, Purple IND DIGDFR12.5 50 per box 041.ITO SUBS37TUric'S 3CS Cohdlen Pediatric Elackodes. 10 boxes Covidlen ffi 3.041 $ 30.37 Kandal 133 Foam Electrodez 20 per box KEN31430725 REF 31439725 sold Xpk, 200plift$91.111 041-171 1 NO MISS71TUTES 310J��rdsl 10 each Lwd.1 19.62 196.20 V Replacement CaMdge LA REF 98501 041-172 NO SUBSTMUTES 311 Rusch Pediatric, Slick SWUn - PM 500 10 boxes Rusch S I 70.90 $ 709.00 Disposable End otruchead - Small TEL500 REF 500 IND 041-173 SUBSITFLITES Page 324 of 555 Page 325 of 555 ESTIMATED RmAAW-i ITEM 0 DESCRIPTION DESCRIPTION E��JTED QUANTITY BRAND I CATALOG NIL 'TY UNIT COST —AL TOT pric"t 312 d— Me 30 each madSomirce 11.0814 332.40 I'Z I- Wool 4, x go. 4 4_ x Do. - -r MSOMS-0521) -2b 2-0 Dk r 10D iDt 5110.1ark REP M CT 041-174 (A A'IP VE 7EEQUAL 313 [PDIKYJdIy-SWW 10 bom Dynarox a %tlb ;P -I11141 DYN125D RE 37 041.177BQCTORAPPROVEDEGUAL REPEAT 941 314 Intent Blood Pressure Cuff 5 each Verldlem 4.1 S 2421 1ADC Anadd Sp narrater VRD02-1084 REF 77 D41 EXACTORAPPROVEDEQUAL 315 CO2 Sampling Line and Airway Adaptor ED "uh No Bid Fftar Line Sol I Exciuslye Mircrostrearn REF XSD4620 041 NO SUBSTITUTES 316 Finogent Respiratory Mod Mask Chnurt 04 80 each $ No low whih Floor - CPAP Set - Adult EkduW REP 19OD-124 ST 1-1 AID SUB nvm 'hIm4d 317 as FV Plumset Lff . 25 each Flospirm 4.88 122.00 104' 15dflp HRM14242-28 REFIIBF43 sold Wks 52" 111943 041-186 NO SUWnTU7W NOT A VALID 4 318 DIgaWareDFR12-2 260 boxes; Matters S 7.63 3 1,957.50 Ddender NIMle G4oves - Medium. Purple DIGDFR12-2 80 per box 041-187 NO SUB 319 0411cars DFR12-3 15M bom Dlgkwm 7.63 S 111,745.00 DelOnder Nil Glum - Large, Purple DnDFR12-3 50 par box D41-188 NO SUBS77nffES 320 DNftmDFR12-4 ON bases Dog re S 7.83S 8264.0D Ddender NRMM Gbm - -XI-orge, Purple DIGOFR12-4 50 par box 041-1189 NO 5U9S7yTU7FS 321 P Mug IV C - 20 gouge x V 5 as $mow Via Valva Ta.-5-0 $ 392-W Jelco - SRM's Medical POR326700 REF 3057 - OM 0150 041-190 NO SUMIRTWE REPEAT LINE #236 322 LMA Emphageal Intubmalan Detector 30 each IMA 4.27 $ 129.10 TubwA@ck LIAEIDM REF OD200 Ischil 1-191 NO SUBSTrarW 2[Vcs 305A0 323 Mcdorb 323 10 bmm n $ 284.75 5 2.847.81) ModWbw Lons - Slarile MDR MT2DOO REF MT�2MDDO I 041-192 NO SUBSTITUTE PDWmW&VentC1rcuft REPEAT UNE#164 324 O-Two 10 each O-Two 111 12.9111 121.00 Cru, REF 01 OTMOICVOD15 -CS CU iVent 041-193 NO SUBSTtIFI)TIF sold 10ke V29.00 325 Universal I&Drop J3dpm 25W each B Braun 3 316W.00 sartallne Injection aft and spin lock conned INO SOM116 REFUS1160 60porcess 041-198 SUBSTITUTE 328 Bkoun Universal G"mp Dripsat 160 B 1.3913 2011,50 50 per Casa 1 "Bmun B91035M37 REF3522571US1105 :eu:mch 041-196 5UBS77TUTE 327 Broun Sydriges, 30 cam 0 Braun 5 4113 S 1,293.90 110oclPreAlled $sline 100percam BBM51 REFSIS-576 D41-197 WO SUBS?? TUTE 328 Cump=Plc = qNabulbaers ! 0 each Mods rce u 1.01 8 20.20 Mask ? ojMng 1APFROVED MSOMS-22886 REF 3DI-M 1341-2130 EQUAL IS ACCEPTABLE GROUP 8 GRAND TOTAL 1(ftomm $ 69,037.26 236 � 328 j PERCENTAGE DISCOUNT OFF LISTPNOEFORn]EMS SWAR TO, BUTNOTUSTSOM TMMW. % BIDDER'S SIGNATURE: Page 325 of 555 mL 5 mL 1.0 m 0 . ► M . l A -M =-. - �' 1 �' ' • • 'OOJ Page 326 of 555 Feature Benefit 12mL syringe barrels Standard syringes fora natural feel. 12mL syringe barrels have less pressure than a 10mL syringe barrel. Drug stopper quality Delivers low break force to easily remove air bubble. Also provides plunger tip greater sensitivity to plunger movement. Low breakforce Delivers low break force to easily remove air bubble. Also provides greater sensitivity to plunger movement. Latex and Preservative at and Preservative Free. free Labeled speccallyfor ImL graduation increments to help discourage clinicians frow flushing mixing medication in the syringe. Question Answer Is your syringe Latex Free, Preservative Free & Yes, they are Latex, Preservative & DERP Free? DEBP free. Can your syringe be dropped on a sterile field? Is your syringe sterile? Is your syringe terminally sterilized? How is your syringe Sterilized? What is the pressure on your 12mL syringe? No. 9M Gamma Irradiation. 1 Opsi with "normal" 3 lbs thumb pressure. Manufactured by: Nurse Assist, Inc. 4409 Haltom Road, Haltom City, TX 76117 Page 327 of 555 Nasopharyngeal Airways RroWer No. FH M Spec. ID M91L et 0a y'Y _........................................................... 4591 201'r. 5.0+/-0.15 10/Cs 4592 221r. 5.5+/-0.15 i01Cs 4593 24Fr 6+1-0.15 10/Cs 4594 261'r. 6.54-0.15 10/Cs 4595 281'r. 7+/-0.15 10/cs 4596 30Fr. 7.54-0.15 10/Cs 4597 32Fr. 8+/-0.15 1 O/Cs 4598 341'r. 8.5+/-0.15 10/Cs 4599 361r 94-0.15 1 O/Cs Recommended for use in the semi-conscious or unconscious patient with an intact gag reflex. Not easily dislodged during transport and better tolerated than an Oropharyngeal Airway. Designed to be inserted into the nasal passageway to secure an open airway. When a patient becomes unconscious, the muscles in the jaw commonly relax and can allow the tongue to slide back and obstruct the airway. • Slede • Flared end prevents Me device from becoming lost inside the patient's we • Soft —no damage to nasal passage • RObte— resists collapse or kinking • Not made with natural rubbertatex Reorder No. Desalpflon Du 4715 Infant, 40mm, Pink 100/Cs 4717 Infant, 40mm, Pink, Individually Bagged 24-Bg/Bx 4725 Child, 60mm, Black 100/Cs 4727 Child, 60mm, Black, Individually Bagged 24-Bg/Bx 4735 S; 80mm, Green 1 001C 4737 S, 80mm, Green, Individually Bagged 24-Bg/Bx 4745 M, 90mm, Yellow 1 OO/Cs 4747 M, 90mm, Yellow, Individually Bagged 24-Bg/Bx 4755 L,100mm, Red 100/Cs 4757 L,100mm, Red, Individually Bagged 24-Bg/Bx 4765 XL,110mm, Orange 100/Cs 4767 XL,110mm, Orange, Individually Bagged 24-Bg/Bx 4791 Kit --1 of Each Size- 40mm, 60mm, 6 Kits/Cs 80mm, 90mm,100mmr 110mm Oral Airways are made of poWpylene (PP) Disposabfe airways provide superior performance • Unobstaicted passage — unique perforated midway openings assure venblaling channel and permit access of a suction catheler, even if airway shifts or tis partially occluded • Strength — reinforced bite block prevents collapse of airway • Flexib/llty — smooth, non-bi0e finish permits easy insetton without danger of breaking when distorted Less trauma — greateraccessibrlity ofsuc6bn catheter permits removal ofseaelbris at a faster rate s,�s 10 Genshaww h'eet e f0rangt buirg, NY 10962 9 ww wwAyn rex,com Page 328 of 555 I qL Q S 44 ?A _ i 1• 9 Iq t ILL Page 329 of 555 �w o v v K w K oaa ao K a m v v p�mjmmrmm{wMWOpppppf iic- - -1 -4 o ] 000 0 0 0 -0 OVOSOw-gOWONOo-22 �v 2 N N N Nr.- i4NN N 2m 0O0 WO pOA� �C�p °�OU 888888886� tl OD 8 8 W O O L fat + O N O W ? 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P " 0, au�.m mm ��-i� m �- mmv C(A'* GSC m m 7 nom" m o o oowcn zz m to a 3 °_� � iN1 N �n o � rA C7g �i y Z 3 (A m ao m �i �z�i m o m mccr `2r{flom c n 3m m mfn�m 3 m O m �= fy1 O y �A gj m 4 T o ay m CLQ' +� O Q. n@ m m ry m m A m OC A _ d � 1�D m CQ Di ' CL CO CL m m O CL Z m m m 0 m �O7�t�j' 3 F A m 60mz m G� Q 03 -7mmc�� a0C b tC m N DD fO 0 O 33c � p .0i .�. .0i N g i. 0$ N � (3p� M Qt m F O 5 m �' m m 3 3 WcnAW - 0 g n1 A 0 6 .. m N go w c 3 0 0 O m P, Z O O Z r G7 tal tat tal N N N N N N N N N N N N N N N WOfVD N N V r A W NC j m m V m 4 NO O m CCD CW7IA W N VCVII�N fWOm VOO[mAAN WOmO V?COJN�iAD VCAi1N�mCWC V TCWTIAW NCO W V� cx mm mm mm O7C taa?/ Cx mm QX mm mm mm Om tOtpp 1(�1�Vs Cx KWaN0O0n (7� 0 nm 0 a CQQ%� Qx OX mmu (N�41 O N mm � � pO 4-C �Om m m u 10 w x X m x X x X X Xxx fC m� m O x� m m R m m c vaav n n tm7 tm7 tmi 3 3 3 3 3 o_ 0 w 0 0 A Page 333 of 555 jjmmm-1 (iJ o_ ir)'�y S r,m v_ a U� b T �(��s,yeovvv�owcovv�� (�T7N C70.=J7.Z�7�Nf/1 -n -nCD 02 TIT W0 N V W V W N ACIO14 N N N o.AX98 O N N jbC�C Z �w Oa 0060 a M 0_ 9 m n y mvm ca � C m z C o X T m N�01 V N06V V V A 01 v �1 Z O V OO N CU Ui OD O] 0 W WOm :W8�08W W W06N04100000000N 00 W 06m 000000 0 0 C. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 Gf 'A M UI V C9 01 06 V SN 060606 W V V W W p:: Ul 0 Y 1 V V m 41 41 N j C 7 41 ow0000000000ral 41OW A N 0(¢01 $$ 0000oa0000 oa000000000000000 0a 00 0�c?3000v a �mmm��=. m m 813.8 [nCS��m C m a mZ� �Z': c ® Q w.aaam N N (D7 m y, QaNa ® o 0 '...��� (D 7 �rI w �^ N T �0 3 CD F m QI m -COD o o 0 0 3 0 CD y S@ x y 'rR r a W m 3r3 y N N O m V 3m Z z rOO W W 4N (N�N�1 W CIS AN� rNrN��1 W sss� f406V ��00003 001 V41 Um fN110000 00 Opp X c w m Page 334 of 555 price incTeffor=70 Mon 11 111 L ML some of its products. F -M14 0 V TMITIMMy OT vilf -.-C 6 Lae Majoritj oi me Y-MEOU'l "10, OU pr()U�L�AUU sourcing actions and we will continue to do so. Jonathan Saporito Page 335 of 555 MORRISON MEDICAL Pam Boggan MMS ® A Medical Supply Company This letter is to advise you that we have had a price increase on It 6600 on the City of Boynton each renewal request on our Quote 44468 Item# 6600 Large Ice 6 x 9, CS/24 6% Increase Raw materials cost increase was reason for the 6% increase. Please let me know if you need any additional information or have questions regardi this bid renewal. I Thanks so much. Emm on,, Controller %A,"oSW 4, 4u, IWO, 3735 Panagan Drive Ohk,� 432,' V.1,sit our websftx,,,,, a:rxn FAX 614-469-90596 6,14-461-444,30 Enniifl: morr"'i Page 336 of 555 ECOLAK As a distributor of Microtek products, we appreciate your continued efforts to supply quality products and service. We take great pride in our products and their impact on 1 Air + 1,14 - -• &RV "•AV Tir4T FUL; an=, G dynamics within the health care market in order to make the necessary adjustments in price. Attached is a list of the Microtek products including the acquisition cost that will go into effect 1/1/17. Any products that you have loaded in your system and are not included on the attached price list will expire effective 12/31/16. Please be sure to update your records. III$] M to] ViWltom (SATITM 0 -1 - 0 JINIIVI(Ir�1901 1 11 - I I �2= Manager Financial Analysis Projects — Surgical Solutions Pricing Contracts Microtek Sales and Marketing Operations Ecolab, Inc. Microtek Medical, Inc. 13000 Deerrield Parkway, Suite 300 Alpharetta, GA 30004 Page 337 of 555 HARTWELL MEDICAL I Creating Quality ProduayforLa 4117 -Tr". MT -19M Thank you for your continued support of our innovative emergency care products. There has been a growing interest in our vacuum immobilization productsnumber of areas around the country. The FASPLINT FULLBODYO and the FASPLINT HALFBACejoin our well known EVAC-U-SPLINTO Mattress as alternative solutions for proper spinal splinting. One of our vacuwn immobilization products in conjunction with the CombiCarrierlI, which serves as the ultimate patient transfer device, provides a winning combination to address the current changes in EMS patient handling protocols being implemented in various regions of the country. MUT410=MP V,III i a i w I i o I 00100911=- MIMI S1111-LUIgn LIT, y1WIT UERVRIVETT�ni MILM111% 110CUS. JE)MULSt; A L;�!U UU _Seu Lo]r jre.[) E;IV-f =OAM situations and also functions as a scoop type stretcher, the CombiCarrierIl is two products in one. The CombiCarrierlI can also eliminate equipment loss. By separating in half, the CombiCarrierIl can be easily removed from the patient when placed on the cot or upon delivery to the hospital, eliminating the need to leave the product behind at the receiving facility. This can be a major cost savings for your customer. We have also created an olive drab version of the CombiCarrier1l for military customers and a compatible head immobilizer in black. Please call us for details. The price on our Color -Coded BritcView'o Laryngoscope Blades have remained the same and most of our top selling products have increased less than 3%. Some products necessitated a higher increase due to material and production costs. Your 2017 pricing information is attached. These 11rices will be effective with all orders received on or after January 1, 2017. NO) 8 110 0 b I I (KA a 0A 0) o I'A [4 4 1 --S%I, I I . No FU014111II Oka "01IM Cordially, 127 ye Gary R. Williams L"resident and CEO 6354 Corte del Abeto, Suite F, Cadsbad, CA 92011-1479 760-438-5500 800-633-5900 760-438-2783 Fax www.HarhNellMedical.com Page 338 of 555 P 937382.1451 70 Weil Way $77.733.0911 OFERNal F 937382-1191 Wilinington, Ohio 45177 / www.ftrno.com P IT ITTXMITIM MWITVIITIIr' Due to continued rising costs for raw materials, Ferno will institute a 4% price increase on mo EMS products effective September 1, 2016. 1 Femo will honor all outstanding quotations for a period of 30 days. For current pricing to be honored, it will be necessary for you to provide a copy of your quotation along with yo-ur order. Any order submitted prior to September 1, 2016 dated for immediate shipment will receive our current pricing. To obtain a faxed or e-mailed copy of the revised price list, please contact the Ferno Customer Service team at (877) 733-0911. 1111 ITT-) .I 111c, RE= I =ff—V III Kri$ Turner Director, ERS National Accounts Page 339 of 555 M MS — A Medical Supply 13400 Lakefront Drive Earth City, MO 63045 March 24,2016 Dear Sir or Madam: Teleflex appreciatesyour business and continuedcommitment to provider products to your customers. business and look forward to our continued partnership., LM& MAD and MAD Nasal am trademuftr re&Wed tmdsmarim of Tokftx Inowpomted or as afflWas. 14 T oraled. All dahts moved. 201 Page 340 of 555 llom Dollvery BaxWNi. 7 # Route !m & Wlson Road Round G m60073-0400 « Z 2,x2 «6? <! 11! 11111111111 ©w mv.,. d<? «>»2« *< ±+ 2mcra:r,t« » « :z<« m/ /»? � Lindsey 2»d « Page 341 0 555 TO: MMSA Medical Supply Company DATE: 8/8/16 RE: New Pricing Contract — Concordance Healthcare Solutions -,Ljk;1I 1111111111 11,114A tall 1 4[fl1jr-14 MorTan will be provided for 2017 before October 1, 2016. I #rra tion Ar t Aw NUg, Lens arl '52.2 MA1r, inc. An 1,90 Registered Company www.morganions.com mortan@morganiens.com 1.8110.423.8659 T 4M7282522 F: 406,728.9332 P.O. BOX 8719 Page 342 of 555 0;Two Medical Technologies Richard Lauber Regional Manager ! Page 343 of 555 6.K. CONSENTAGENDA 6/6/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/6/2017 REQUESTED ACTION BY COMMISSION: Approve the minutes from the Regular City Commission meeting held on May 16, 2017. EXPLANATION OF REQUEST: The City Commission met on May 16, 2017 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. FISCAL IMPACT: Non -budgeted N/A ALTERNATIVES: N/A STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Minutes REVIEWERS: Department City Clerk Reviewer Pyle, Judith Description 05-16-2017 Action Approved D ate 3/16/2017 - 3:43 PM Page 344 of 555 Finance Howard, Tim Approved 3/16/2017 ® 3:48 PM City Manager LaVerriere, Lori Approved 3/17/2017 ® 9:59 AM Page 345 of 555 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD ON TUESDAY MAY 16, 2017, AT 6:30 P.M. IN COMMISSION CHAMBERS, CITY HALL 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Steven B. Grant, Mayor Justin Katz. Vice Mayor Attorney Joe Casello, Commissioner Mack McCray, Commissioner Christina Romelus, Commissioner 1. OPENINGS A. Call to Order - Mayor Steven B. Grant Lori LaVerriere, City Manager Shana Bridgeman, Assistant City Mayor Grant called the meeting to order at 6:30 p.m. Invocation Commissioner McCray gave the invocation. Pledge of Allegiance to the Flag Mayor Grant led the Pledge of Allegiance to the Flag. ROLL CALL Judith Pyle, City Clerk, called the roll. A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections Judith A. Pyle, City Clerk Vice Mayor Katz moved Item 14-D to 11-B wanted discussion regarding the proposed Medical Marijuana lottery process. The item would be heard under Unfinished Business Mayor Grant added item 3-G to the agenda regarding the Boynton Community Band Award. 2. Adoption 1 Page 346 of 555 Meeting Minutes City Commission Boynton Beach, Florida May 16, 2017 Motion Commissioner Casello moved to approve the agenda as amended. Commissioner McCray seconded the motion Vote Unanimously passed. 2. OTHER A. Informational items by Members of the City Commission Vice Mayor Katz stated that he had no items to disclose Commissioner McCray stated that he had no items to disclose; but he wanted to provide some information to the Commission, Commissioner McCray stated that he was contacted by a group from the St. Paul AME church because they wanted to do a clean- up on MILK Blvd. The group is called Ment2Makelt, and they needed supplies for the cleanup. The Commissioner wanted to thank Code and Mr. Livergood also, wanted to let everyone know that the trash pickup is getting better. The littering is stopping. He stated he did a resolution, along with a letter; regarding Mother Geneva Green Russell was one of the pioneers in this City who lived to be over 100 years old, along with her husband Bishop Russell, and their seven children. Commissioner McCray also stated that he attended the body camera rollout. Commissioner Romelus attended the press conference by Boynton Beach Police Department regarding the roll out of the body cameras; this is a good move to continue efforts in transparency and communications with the public; to continue to have good relationship and to protect both the citizens and the police. She attended a TPS (Temporary Protected Status) rally. This is an effort to raise awareness for the over 15,000 residents living in Palm Beach County with temporary protected status live in fear, as the July 22, 2017 deadline looms over their head. Commissioner Romelus attended the Boynton Beach Food, Wine and Brew festival, joined a dedicated group of volunteers and cleaned up Boynton Beach Memorial Park, which is the cemetery on Woodbright and Seacreast and wanted to thank Mr. Livergood for setting that up. She attended the National Coalition for 100 black women at their annual hat and brim luncheon to help bring awareness in every expect of our world, lastly she attended the grand opening of Del Sol Bakery. Happy to see new businesses come to Boynton Beach. Page 347 of 555 Meeting Minutes City Commission Boynton Beach, Florida May 16, 2017 Commissioner Casello attended the body camera rollout and indicated this is a great program, gives transparency and accountability on both sides of the law; also attended the Boynton Beach Chamber of Commerce Food and Wine Fest. He wanted to thank the staff because he received a call Saturday morning, from an Irate resident, could not solve the problem, made a call and the way in which the issue was resolved was great. It makes our jobs as elected officials easier, having staffs that are knowledgeable. Mayor Grant said that on May 5th, he attended the Gold Coast Bands Event; May 7, attended Purushottam Swaminarayan Sanstha (BAPS) Temple walkathon; donated $3,500 to the literacy coalition; informed all who were not aware this is Boynton Beach local Hindu Temple. May 8 he attended the Police press conference on the body cameras and wanted to let Chief Katz know that wherever he goes there are always great things being said. The residents see the turnaround in the City Police officers, thank you for giving great direction to the police officers; May 9, Commissioner Casello visited with Chris Snow from Space Florida with David Scott; had information for anyone that are in the aerospace industry. May 10, attended FAU Research Park with other elected officials. May 11 opened up for Habitat for Humanity, their women build weekend for Mother's Day and later that evening went to Food. Wine and Brew held by the Chamber of Commerce. He had a great time at Ben Vinuo. May 12, had Lunch with Sister City organization -regarding trip to Finland, May 13 attended the National Coalition of 100 Black Women, attended Mini Maker Fair at the Science Museum, attended the Del Sol Bakery opening, also the 90th art event in our Boynton Beach Art District. He attended American Muslin Alliance of Florida gave out $10,000 in scholarships, May 15, Made a presentation Woodland Middle School regarding their Mustang members, May 16, he attended the KLA school ribbon cutting and was very proud of what was done with the area. It is has a completely different feel; very happy with that. He also met with Jeff Sluggett. Commissioner McCray wanted to clarify in regard to the Resolution, Congressman Alcee Hasting, requested a copy of the resolution which will be read in Washington DC. This Resolution will be forwarded to his office. (Commissioner McCray left the dais) 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announce the Commission has scheduled a Public Input — Budget Workshop on: Tuesday May 30, 2017 @ 6:30 P.M. in the City Commission Chambers. Mayor Grant stated the purpose of this workshop, is to allow the residents for their input. in addition if anyone wants to see something on the budget, this is the time to let staff know. This meeting is in addition to the budget workshop Page 348 of 555 Meeting Minutes City Commission Boynton Beach, Florida 16, 2017 B. City offices will be closed on Monday, May 29th in observance of Memorial Day. Mayor Grant stated the City offices will be closed on Monday May 29, 2017 C. Proclaim May 20-26, 2017, as National Safe Boating week and the start of the year-round effort to promote safe boating. Members of the U.S. Coast Guard Auxiliary - Flotilla 54 will accept the Proclamation from the Mayor. (Commissioner McCray returned to dais) Mayor Grant read a proclamation declaring May 20-26, 2017 as National Safe Boating week Present to accept the award was US Coast Guard Flotilla 54, Chris Haarer. Mr. Chris Haarer, Flotilla Commander, stated of all of the drownings 85% were not wearing their life jackets. Flotilla has been in the same area since 1961, during that time 168,000 volunteer hours have been logged. Last year the Flotilla recorded 11,001 volunteer hours. The US Coast Guard Flotilla has held twelve classes regarding boating safety programs, inspected 306 in the greater Boynton Beach area, and attended 283 program sites, where they go out to local offices to provide information about boating and classes. There are 63 active members, one member is celebrating 35 years and next year one will be celebrating 45 years of services. This week a hurricane drills was held. There were a number of our people which participated in this drill. D. Proclaim May 18th, 2017 as Haitian Flag Day Mayor Grant read a proclamation declaring May 18, 2017 as Haitian Flag Day and May as Haitian Heritage Month Ms. Jane Marcel, member of Sister City Boynton Beach, thanked the City of Boynton Beach, stated that she was accepting the proclamation on behalf of the Haitian Community, and stated a few years ago the Haitian community was at City Hall raising the Haitian Flag. She wants to continue doing this, beginning next year, with the permission of the Commission. The Haitian people raise the flag under the leadership of Maj. Joseph Bernadel, US Army (Ret.) founder of Toussaint L'Ouverture High School. Thank you for celebrating the Haitian heritage Month. E. Presentation of the annual "Bob Borovy Student Citizen of the Year" award by members of the Education & Youth Advisory Board Dr. Tiffany North, Chair of the Education & Youth Advisory Board, stated she was there to present the Bob Borovy Student Citizen of the Year award. This award was created in 2000 to recognize a graduating a high school senior who best epitomizes the spirit of volunteerism and giving o the community as exemplified by the late Bob Borovy, a United State Veteran and former Education ad Youth Advisory Board member. Page 349 of 555 Meeting Minutes City Commission Boynton Beach, Florida May 16, 2017 Mr. Borovy was an active citizen of the Boynton Beach community for many years. The qualification student must be a graduating high school senior, resident of the City of Boynton Beach nominated by three adults, person of good moral character, performed significant volunteer work and made meaningful contributions to her/her school, church, social service organizations and or community and submit a 300 word essay on what he/she has learned from performing volunteer service. The award is funded through donations secured by the Education & Youth Advisory Board; the winner is selected by a panel of judges including last year's winner. The 2nd place winner will receive $300. her name is Claudia Alease, she will graduate with a 3.5 GPA, from Park Vista High School. Her teachers described her as goal -oriented, hardworking and driven, in addition to being a member of the schools medical science academy; she has volunteered at Bethesda East Hospital. She is also member of the English Honor Society, the multicultural club, and her church youth choir. She plans to attend Palm Beach State College with a major in nursing, continuing her education with the goal of becoming a neonatal nurse with a Master's degree. Student Citizen of the Year award recipient will receive $1,000 and have their name placed on the permanent Plat displayed in City Hall. The winner is Nicole Brody with a 3.7 GPA, attends Lake Worth Christian School, and has over 800 hours of community service. She has volunteered at Faith in Action, in the food pantry, collection of items, shoe box gifts and she has volunteered as a counselor for disadvantaged children. Her teachers describe her as organized mature trustworthy leader. She will attend Florida Atlantic University, majoring in special education. F. Presentation of the annual Youth Volunteer Bank awards by members of the Education & Youth Advisory Board. Ms. Angela Nevins, member of Education & Youth Advisory Board, stated that the Youth Volunteer Bank award was created in 1997 to promote youth volunteerism. The goal is to facilitate, promote and reward youth that volunteer in our community. This ongoing program is a cooperative effort between The City of Boynton Beach, volunteer organizations and youth volunteers. Since the beginning of the program, 816 youth have recorded over 61,100 volunteer hours and $22,770 in prizes has been awarded this year, 9 volunteers, in grades 5-10 recorded 596 hours of service to their perspective communities. This included services such as the beach clean-up, environmental clean- up, volunteering at churches, schools and the YMCA and various activities sponsored by the Boys and Girl Scouts. Unfortunately, many of the students were not able to attend, because of conflicts, but we will recognize them by name, and if they are here, please come up and receive the certificate; Natalie Claude, Dawson Fox, Samuel Hazamy, James Hazamy, Christopher Hyppolite, Ryan Hyppolite, Jessica Miller, Andrew Thomas, Shane Wooley. Congratulations to all. Page 350 of 555 Meeting Minutes City Commission Boynton Beach, Florida 16, 2017 G. Presentation of Gold Coast Band Award by Mr. Ken Wilbanks, Director to City of Boynton Beach, City Commission. Ken Wilbanks, Musical Director of Boynton Beach's Gold Coast Band, wanted to thank the City of Boynton Beach for their support and stated that when he began at the first rehearsal there were 28 members. A goal was set to become one of the top bands in the nation, through hard work and the community band was selected to perform at the convention. During the convention, the President of the American Association of Concert Bands, approached and stated that there were three songs that really touched her, and two out of the three songs were performed by Boynton Beach Gold Coast Band, Mr. Wilbanks stated that on behalf of the band he was presenting the award to the City, because without the support the band would not have had the opportunity. The City of Boynton Beach became involved and supports the bands dreams and goals. This award that is being presented to the City today is the top honor in the nation for a community band to receive. We became more involved, we met with the City and our goal was to qualify for the national convention. This is the highest honor for a community band. He was very proud to be a part of this. Commissioner Casello wanted to thank Mr. Wilbanks stated that he had the privilege to attend and hear some amazing music, thank you for putting Boynton Beach on the map. Commissioner McCray wanted to say thank you as well; stated that when he was at the concert, he did not see any people of color. Mr. Wilbanks stated that there are people of color in the band. He also wanted to let the Commission know that they have begun an outreach program from the junior high to high school level. Mayor Grant gave information regarding where the music from the band could be found. Commissioner McCray presented to Mayor Grant, a newspaper with his picture. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Goleen Lewis -Gordon 230 Lake Monterrey Circle, a proud member of the Art Commission Board, invited the Commission and the public to the Conrad Pickel , from 8 am to 12 pm. this is a free event honoring the renowned stained glass artist Conrad Pickel, his historical imprint on South Florida and vision of his art. The tour includes Boynton Memorial Park and Mausoleum, Ascension Lutheran Church, St, Joseph Episcopal Church and Gallery Fantasia. Following the tour, there will be a presentation at the Boynton Beach City Library; did you know that Conrad Pickel created the largest stain glass in the Nation? Ms. Lewis- Gordon stated a new book "A Tapestry in Stained Glass" is a pictorial, as well as the product of the City of Boynton Beach Art in Public Places, in Partnership with Boynton Beach Historical Society. Page 351 of 555 Meeting Minutes City Commission Boynton Beach, Florida May 16, 2017 Jovant Edmons, 1151 19 Avenue, Lake Worth, Thanked the Mayor and Commissioners and recognized Daren Romelus from County Commissioner Mack Bernard's office. He wanted to let the resident know that their State Representative Al Jacquet, would like to give a brief overview of the budget which passed an $82.4 billion budget. If there are any questions or concerns, there were many items that passed the house. Thank you for your time. Would like to share with the residents, on a personal note: I love the way in which the City of Boynton Beach Commission gels. Melissa Hagins 2240 NW 2nd Street, wanted to thank Commissioner McCray for getting the reflector light repaired so quickly. She lives north of Gateway Bridge and Florida Department of Transportation is not purchasing anything there when they do the expansion. There is a land fill directly in front of her home; people walking their dogs. She needs to find a way to close out that easement. There was a fence there before, but the people have no respect for other people's property. Mayor Grant stated that NW 40 Street does not have a connection to Gateway. He will see what can be done about placing some trees on the path. Also, Ms. Hagins asked about the fence that is on the bridge, she was hopping that they could take the fence all the way down. By doing this it could possible stop some of the trash from being thrown out by drivers and accunnulating on the side of the bridge. Her neighbor stopped and knocked on her door, had to put out a fire, before the fire trucks arrived. She is the last house and her neighbor is 85 years old. Commissioner McCray wanted Ms. Hagins to know that her request has not fallen on deaf eyes. Mr. Livergood will be contacted to see what can be done about the issue of the debris and the dogs in your area. Ms. Hagins thanked the Commissioner and Mayor and said she would like her neighborhood to be beautified as well. Clarissa Battle 12202 Mahogany Drive, wanted to personally thank Mayor Grant and Commissioner McCray for attendance to the academic achievement at St. John's Missionary Baptist Church on April 30, 2017. The 1s` Vice President of Delta Sigma part of the South Palm Beach Alumni Chapter advised the Commissioner's presence spoke volumes to our students. It made us believe in Boynton Beach. She just wanted to say thank you again. Susan Oyer, 140 SE 27`" Way, thanked Mayor Grant for coming to her classroom and thanked him for being brave enough for coming back again for the las week of school. She hoped that the Commissioners will be able to attend the Conrad Pickel event, it is an outstanding event. We are lucky to have that amazing art here in our City. She wanted to thank the Mayor as well as staff for purchasing the wrist bands; with the proceeds going for more than 1,100 trees over the past 4 years, 5,000 trees have gone to Haiti, 6,000 trees in Africa. The last thing, Ms. Lori LaVerrire, City Manager and Tim Howard Assistant. City Manager was in attendance at the INCA meeting. Ms. Oyer stated that someone mentioned raising the permit and development fees; since the developers are getting Page 352 of 555 Meeting Minutes City Commission Boynton Beach, Florida May 16, 2017 what they want; higher density and higher height, let the residents get something as well; please raise the fees. Michael Simon, Interim CRA Director wanted to let the Commission and the public know that the CRA will be hosting the Sara Sims Master Plan Park input meeting, to discuss the previously approved CRA Master Plan and Park plan to discuss the concept. Mr. Simon invited everyone to the Sara Sims public input meeting, Wednesday the 31St at the Carol Sims Center, June 1St, CRAAB (Community Redevelopment Agency Advisory Board), CRA Board June 13th, Parks and Recreation Board meeting, June 26th, 2017 on that Monday. Daren Romelus, representing Commissioner Mack Bernard wanted to send greetings from Commissioner Mack Bernard's office, currently we wanted to mention all the meetings that you all have been doing. He wanted to congratulate Vice Mayor Katz on his election to CTA President, and Commissioner Mack McCray on his successful reelection. Thank you for collaborating together; and to recognize Chief Katz with the release of the body cameras. The City is setting a standard. He was excited to see that Boynton Beach is moving forward. Commissioner Bernard has two offices; North County office is located at 301 N Olive avenue, 12 floor, 33401, telephone 355 2207, The South County Office is located at 345 South Congress Ave, 33435. Commissioner Bernard's area covers Lake Park, Riviera, the Town of Magnolia Park, West Palm Beach, Haverhill, the Town of Palm Beach, Lake Worth, Lantana, Hypoluxo, Delray Beach and Boynton Beach. On May 31st, there is a housing summit that Palm Beach County is hosting. The City has already moved forward on the affordable housing initiative. Commissioner Bernard would like to extend a congratulatory message to Commissioner Casello, he ran unopposed. Herbert Suss 1711Wood Fern, stated that In case anyone has doubted anything that he has said about climate change, write down climate explorer, enter your county ,City and zip code, He had also said time and time again, remember what happen prior to World War II; what is happening then, is happening now. He hopes this Commission gets in touch with the Governor; this is exactly what happened in Nazi Germany. Rashad Calig 1851 Renaissance Commons Blvd, thanked Vice Mayor Katz, about Parks and Recreation regarding proration, logistical nightmare, access to the parks whether they live in Boynton Beach or not, and the noise ordinance, I have researched a generator, the ordinance is very vague. The police have come out several times. There are actually different neighbors in my building. For those who work nights or days it is a problem. The police continue to come out but nothing can be done. There is nothing in the ordinance that addresses the noise. Commissioner Casello asked if the businesses were doing this as well and how late they play their music. Mr. Calig stated that the businesses usually play there music until about 1 to 2 am. No one else coming forward, Public Audience was closed. Page 353 of 555 Meeting Minutes City Commission Boynton Beach, Florida 5. ADMINISTRATIVE May 16, 2017 A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings exist: Arts Commission: 1 Regs Building Board of Adjustments & Appeals: 2 Regs and 2 Alts Planning & Development Bd. - 1 Reg Recreation & Parks Bd: 1 Alts Senior Advisory Bd: 2 Alts B. Authorize the Mayor to travel to Orlando for Florida League of Cities Legislative Policy Committee Meetings on the following dates: Thursday and Friday, June 15+16, 2017 Friday, July 14, 2017; and Thursday, August 17, 2017 Mayor Grant asked for permission to go back to the Florida League of Cities. Commissioner Romelus stated that she registered and paid for an event, which was cancelled last year, wanted to know how this should be addressed. Ms. LaVerriere, City Manager, stated that these funds have already been encumbered, there is nothing that the Commissioner needs to do. Mayor Grant asked about subscriptions such as for Mayors, there is a the US Conference of Mayors being held in Miami. The information was given to Vice Mayor Katz. Commissioner McCray asked if the Commission were already members of the National League or US Conference of Mayors and The Florida League of Cities, Ms. LaVerriere replied that they are not members. She informed the Commission that they were members previously. Mayor Grant stated that he was going to bring the information to give to the Commission, and the Commission could look into different associations whether the City should join or not; Commissioner McCray stated he would like to know the cost before the meeting. Motion Commissioner McCray Moved to approve. Seconded by Commissioner Casello Vote Unanimously passed. Page 354 of 555 Meeting Minutes City Commission Boynton Beach, Florida 6. CONSENT AGENDA May 16, 2017 Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. Approve utilizing the City of Hollywood, FL Blanket Order No. B002967 awarded to Nalco Company with the same terms, conditions, specifications and pricing. This will be used to purchase anti-scalant (PC -1850T) for the removal of solids at the West Water Treatment Plant (W W TP). The annual expenditure is estimated at $38,000. B. Award the bid for "Two Year Bid for Hydraulic Cylinders and Valves, Parts and Repairs", Bid #039-2516-17/IT to Construction Hydraulics of Lake Worth, Inc. of Lake Worth, FL for an estimated annual expenditure of $65,000. C. Approve increasing purchase order #170065 to South Florida Emergency Vehicles from $20,000 to $50,000 as a sole source purchase. D. Accept the written report to the Commission for purchases over $10,000 for the month of April 2017. E. Legal Expenses - April 2017 - Information at the request of the City Commission. No action required. F. Approve the minutes from the Regular City Commission meeting held on May 2, 2017. Motion Commissioner McCray moved to approve the Consent Agenda. Vice Mayor Katz seconded the motion. Vote The motion unanimously passed. 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R17-046 - Award Bid No. 018-2710-17JMA for Replacement of Packaged Rooftop HVAC Units at the Ezell Hester Community Center, and authorize the City Manager to sign a contract with Summa Mechanical Contractors LLC d/b/a SMC Air Conditioning (SMC) of Davie, FL as the lowest responsive, responsible bidder, in the total lump sum Page 355 of 555 Meeting Minutes City Commission Boynton Beach, Florida May 16, 2017 amount of $91,337 plus a 10% contingency of $9,133.70, for a total potential expense amount of $100,470.70. Commissioner McCray asked the City Manager how long the City been piece-mealing the A/C unit at the Hester Center. Ms.LaVerriere explained that it has been a problem for quite some time; this is an expensive budgeted capital item. It has been leaking for about 3 years. Commissioner McCray stated that he does not disagree with the repair of the air conditioning, but wanted the public to know that this has been an ongoing problem and it is finally getting repaired. Mayor Grant asked if the City was going to get a warranty for this new air conditioning unit, and he received an affirmative head nod, regarding the new unit. Motion Commissioner McCray moved to approve, Seconded by Commissioner Casello. Vote The motion unanimously passed. B. PROPOSED RESOLUTION NO. R17-047 - Award Bid No. 019-2821-17/TP to the low bidder, Bofam Construction Company, Inc. of Miami, FL, for the Construction of the NE 20th Avenue Storm water Improvements, and authorize the City Manager to sign a contract, in the amount of $614,369.13 plus a 10% contingency of $61,436.91, for a total estimated amount of $675,806.04. Commissioner McCray needed more information. Bevis Pigott Interim Utilities Director, stated that this project was identified because of frequent flooding in this area; the presentation will give an overview of the actual area of the project. The location of the project goes from Gateway to NE 20 and NE 2nd Ct and NE 21St. This project will mitigate the localized flooding by installing approximately 1,650 LF of 24 -inch diameter exfiltration trench, 3,000 LF of swales, 25 Inlets and catch basins; with a completion time of 120 days. The total estimated contract amount of 675,806.04. Again this project is to correct the problem that we have had with this neighborhood. Ms. LaVerriere asked if this was one of the neighborhoods where they were way under water. Commissioner McCray stated that each time there is rain he makes a call to see if they are ok. When Joyce and Bo Frasier, came before the Commission, we assured them that if anything came up the City would be there to help, Commissioner McCray wanted to thank the Utilities Department for stepping up to the plate and doing something about it. Commissioner Casello asked the City Manager; why is it that the company that received the bid is out of Miami. Could this job be broken into smaller sections, and local companies could bid on it. Ms. LaVerriere responded she was not sure that was an Page 356 of 555 Meeting Minutes City Commission Boynton Beach, Florida May 16, 2017 option for this project. As discussed before, we need to modify our procurement procedures, and also, I do not know the practicality in response to the actual work. Colin Groff, Assistant City Manager, in response to a question posed by the Commission, responded we are looking at every one of our projects to see how we can break it down. These types of projects are very difficult; you cannot have more than one contractor. One of the things is identify local contactors that can do these size projects. There needs to be changes to the City bidding process. Right now it is low bids and that's who wins it. We need to add some type of incentive to our bid process that allows people to win it if they are within a percentage of being the low bidder. Ms. LaVerriere stated that this is what is being worked on. Mr. Howard, Assistant City Manager has done some research, we have identified other cities, and we can utilize their template, but this will take some time. The City of Boynton Beach is looking at the BTR records and some of our other databases. We are identifying the local businesses in the community, we are looking at our permitting information to identify and develop our database. This is one of David Scott's, Director, and Economic Development Tasks. There are businesses that are out there, so that we can directly reach and provide information and ask how we can help the contractor get what is needed. Commissioner Casello stated that we are going to encourage locals and subs, as well to apply for opportunities. Colin stated that they are encouraging local hiring, hiring the local subs and people within the community. Commissioner McCray stated that is what he needed to hear, hiring of local residents. Ms. LaVerriere shared that this is a priority in the strategic plan. Mayor Grant asked about the NE 20 Ave and NE 2nd Court, project, the City is using eminent domain to take property. Will there be swale in that area. Mr. Pigott stated that the swales are in the public right of way. Mayor Grant wanted to know what will happen if the City breaks an already existing sidewalk. Mr. Pigott stated the City will always repair anything that it breaks. The City is not taking over anyone's home. Mayor Grant wanted to know if the City is planning on replacing or redoing the sidewalks. Mr. Pigott stated there are some sidewalks that will be redone. Mr. Groff stated that we do look at that at every project. A lot of funds have been committed to Seacreast. If there are projects with sidewalks we damaged, we will repair. Mr. Groff stated this is a flooding mitigation project. Mayor Grant stated if it floods do the people need to walk in the streets? Mr. Groff stated that if there was an overflow onto the sidewalks the residents would need to walk in the streets; swales are there to help with the drainage. Commissioner McCray asked if the residents have been notified. Mr. Pigott explained that once approved a date will be brought back to the Commission and then they will have a kickoff meeting. Ms. LaVerriere explained that if the residents do not have an organized HOA, letters are sent to each resident individually. Page 357 of 555 Meeting Minutes City Commission Boynton Beach, Florida Motion May 16, 2017 Commissioner McCray moved to approve Commissioner Casello seconded the motion. Vote The motion unanimously passed. C. PROPOSED RESOLUTION NO. R17-048 - Award to the lowest pre -qualified bidder, (based on RFQ # 057-2821-16/TP) Insituform Technologies, LLC., as determined by review of bids submitted on April 10, 2017, resulting from the responses to the Request for Bids for Cured -in- Place Pipe Lining, (Bid No. ITB 01-CIPP-17/TP) and authorize City Manager to sign contract in the amount of $138,190.30 for the duration of the project based on unit costs provided by Insituform Technologies, LLC. Motion Commissioner McCray moved to approve. Commissioner Casello seconded the motion. With Discussion. Commissioner McCray asked, how long is the contract? Mr. Howard, Assistant City Manager stated that it would take 75 days. Commissioner Casello wanted to know if we used this company before. Vote The motion unanimously passed. D. PROPOSED RESOLUTION NO. R17-049 - Authorize the City Manager to sign a three year contract with ESRI of West Palm Beach, FL for a Small Government Enterprise License Agreement through a sole source with a total cost of $150,000. Motion Vice Mayor Katz moved to approve. Commissioner McCray seconded the motion. With Discussion Commissioner McCray asked what is the meaning of ESRI Ms. LaVerriere stated that she believes that it is for the base software to run our system. Mayor Grant said that was the acronym for Environmental System Research Institute. Page 358 of 555 Meeting Minutes City Commission Boynton Beach, Florida Vote The motion unanimously passed. 8. CODE COMPLIANCE and LEGAL SETTLEMENTS - None 9. PUBLIC HEARING May 16, 2017 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 10. CITY MANAGER'S REPORT - None 11. UNFINISHED BUSINESS A. Receive staff update on the group homes moratorium and corresponding zoning study. Mike Rumpf, Planning & Zoning Director, explained the City approved the moratorium on January 17, 2017 to allow time for staff to review our current circumstances involving the regulations of group homes, due to a combination of things, drug additions and deaths, over the past year. We have received many of complaints, affiliated arrests and drug overdoses. Residents want to know how these homes impact our neighborhoods. The Moratorium is in effect through June 4th, the Ordinance16-025 was approved January 17, 2017. When asked how many are within the City, it is not known, because of how the application/permit was submitted. The evaluation of existing regulations and processes are being reviewed, as well as the Federal requirements. The City wants to maintain a defensible set of regulations. There are issues of social responsibility. We cannot over regulate, in violation of federal regulations to be effective to assist in the recovery of addicts. We need to preserve neighborhood character. Potential regulations considered right now is reinforcing separations; 300 ft. of separation vs 1000 ft.; how the different types of homes are defined; parking requirements, protecting front yards from being over parked or over paved. The current anticipated schedule is Planning and Development Board - May 23rd, City Commission 1st Reading — June 20th, City Commission PH/2nd Reading — July 18th Commissioner Casello asked about the separation from 300 to 1000 ft. Mr. Rumpf explained there is a lot of activity coming out of Delray Beach. The Delray Beach study has been reviewed. The ordinance has not been adopted. He is working closely with Mr. John Lehman, the CEO/Board Chair with FARR. How we compare, with other municipalities, Mr. Rumpf was not sure. He believes we are using the same distance of separation; we may not be using the same standard. I do not have any opposition to the processes. He supports the State and FARR certification of homes to standardize a Page 359 of 555 Meeting Minutes City Commission Boynton Beach, Florida May 16, 2017 certification and approval and oversight process. Commissioner Casello stated that this is all well and good but Boynton Beach has had 45 overdoses and 3 deaths in the past 2 days. It is unacceptable. It is not about the sober homes failure, but how we stem this tide of heroin that is coming into these areas. There needs to be a bigger effort to crack down on the flow of heroin into our City; as long as there are addicts, there will be a supply. Somehow we need to shut off the supply. Commissioner McCray wanted to thank the Police Department for what has been done in District II. There has been a decrease in the sale of drugs. Commissioner Romelus explained that she would like to see 1000 feet of separation instead of the 300 feet. She wants to prevent a situation like on Rivera Drive. She asked if the ordinance would regulate the certification on existing group homes or only new permitted homes and of the BTR and FARR certification would be required upon renewals. Commissioner Casello stated anything that we do now would not affect anything that we have now. It would only be for potential new homes putting in for a license or certification. Mr. Rumpf explained it is not to say that the regulations can't somehow go into effect on existing group homes. The operator needs a reasonable time in order to comply with new regulations. There is nothing that would prevent starting any group homes prior to a certain date must be in compliance with the new regulation. It comes down to a reasonable amount of time to do it. Commissioner Romelus stated this is what she is looking for. Mr. Rumpf wanted to explain the 1,000 feet of separation has been in place for some time. He did not think the City Attorney's office would support it, because of court precedence. It is hard to justify. What he has tried to do is try to find the proper balance and to preserve the character of the neighborhood. He did not think that we can prove that the group homes need to be 1,000 feet apart to preserve the character, to preserve the dynamics. He did not think that 1,000 feet can be proven to prevent a zoning scheme impact. Rivera Drive was the basis for the study. We evaluated this very closely. We came up with traffic data and emergency call data for Rivera Drive. He was leaning toward 2 group homes for every 300 feet. Commissioner Romelus asked for clarification what the 300 feet is. Mr. Rumpf indicated 3 to 4 houses apart. Mr. Rumpf interjected there is one missing ingredient. We need to attack the problem; we need to have law enforcement. The first item on the recommended list is the certification. If we have certified operators, and businesses you will have significant different impact. If you look at the certification of FARR, requires having an action plan in place, you will not have the problems. The problem is getting existing homes to come into compliance. We do have a sun setting Page 360 of 555 Meeting Minutes City Commission Boynton Beach, Florida May 16, 2017 Vice Mayor Katz stated that he is not jumping ahead to the Chronic Nuisance Code item, but as business locations that might have seen multiple overdoes would be subject to that potential Chronic Nuisance Code. Mr. Rump explained that these homes are twofold; they have rental business tax receipt approvals as well as the group homes approvals. So through that ordinance those things could be revoked. Vice Mayor Katz asked if this is site specific or owner specific. Mr. Rumpf explained, if someone comes to apply for multiple facilities, they FARR license each facility. Commissioner Casello stated that there are many of good recovery home operators. We need these types of homes. we need regulation and certifications; the criminal element has gotten into the industry. There is no funding for these agencies that have oversight. It is hard to implement what you signed up to do. Hopefully the legislatures agree. Commissioner Romelus asked for an explanation of FARR and are they going to be able to create a hard regulation that will make sure these people are held accountable for what they are doing and not just pay a price tag to get into this industry. Mr. Rumpf agreed that the same rationale is using caution. There are homes that may not need it. There are other options. He cautions applying the mandatory system. The current bill has to do with preventing the end run. Many of the facilities get referrals. You cannot get referral from treatment agencies without being a certified home and operators. The recovery homes are trying to get around that by using patient brokering. The current bill attacks that process. Mayor Grant asked if this is for all group homes, not just the recovery group homes. Mr. Rumpf explained it is hard to be defensible without bias or discriminatory. Mayor Grant asked for clarification on the location of group homes, if there is a recovery group home on the street and another group home for the elderly wants to open, they would not be allowed to open on the street. Mr. Rumpf stated that under the current ordinance that is correct. Mayor Grant asked if these group homes plan on staying here temporarily or do they plan on remaining in Boynton Beach. Mr. Rumpf stated as long as there is need. Mayor Grant gave the website address, FARRonline.org. There is a lot of information regarding their nonprofit organization; the website allows for complaints and grievances; against a certified or a non -certified recovery residence. There are currently 9 certified recovery residences in Boynton Beach. Commissioner Romelus asked if the moratorium will be extended. Mr. Rumpf explained that staff is not recommending an extension of the moratorium. Mayor Grant asked what would happen if someone applied for a recovery group home on June 5. Mr. Rumpf Page 361 of 555 Meeting Minutes City Commission Boynton Beach, Florida May 16, 2017 stated that they have zoning in process basically which we feel continue that moratorium process. We can continue to withhold processing applications that are inconsistence with where we are going. Mayor Grant asked if this was because of the May Planning and Development Board meeting. Commissioner Romelus asked do group homes need a BTR to operate in our City. Mr. Rumpf stated they need a rental approval for the property and the BTR for the operation of the group home. Vice Mayor Katz asked if there is anything that the City can do to strengthen the community that will help the HOA to have some type of recourse. Mr. Rumpf stated the City does not have jurisdiction over HOA. Commissioner Casello stated that anyone moving into the HOA is required to fill out a document to we get all of their personal information. The problem is if they do not declare what they are planning to do with the property, they can potentially sit on a lawsuit while they are churning out profits. Commissioner Romeius asked as we issue BTRs will there be a stipulation that they must be certified by FARR. Mr. Rumpf stated that once the ordinance has been approved by the Commission, it will be a requirement. Commissioner McCray stated is it correct that there are 9 certified recovery group homes in the City, and requested an address listing of the 9 residences. Commission Romelus, stated that she wanted to thank Mr. Rumpf and staff for creating this ordinance. Mayor Grant closed discussion. B. Proposed Medical Cannabis's dispensary Ordinance Vice Mayor Katz stated that he brought this up because in previous meetings when we discussed it, we spoke about the lottery, and Commission would review. He has had conversations with constituent regarding this type of business; for and against. In a previous we spoke about lottery versus the process that the Commission has the ability to review. Through some conversation, he leaned towards the lottery system. Since then he would like to revisit that portion of the potential ordinance, just for safe measure. He wanted the Commission to be able to review potential applicants for that business prior to opening. He wanted to change his position, just to have more authority over the potential applicants. Mayor Grant stated that it was not a motion, it is reconsideration and the Vice Mayor was on the prevailing side. Vice Mayor Katz noted we are charging $10,000 for the application and wanted to know if that would change. Can you please explain what would be done differently if not a lottery? Page 362 of 555 Meeting Minutes City Commission Boynton Beach, Florida May 16, 2017 Mr. Andrew Mack Director of Development, stated we are on schedule to have this read on May 23rd, at the Planning and Development Board. Any changes need to be made in the 1St and 2nd reading, or we can discuss at the first reading. Currently the ordinance would be a lottery, the applicants would come in and pay their fee; and then there would be luck of the draw. It would not come back to the Commission. There is some oversight; that would be required as a conditional use, such as the location. So based on the conditional use of the zoning, it would be required to come back to the Commission, to review at that time. The other alternative is to place it on an RFP, where it would be considered; that would come back to the Commission, based on the conditional use, there are some sample ordinances like this type. The other is first come, first serve; whoever is the first applicant to put their application is the one that would be selected. Mayor Grant stated that he is not happy with first come first serve; he was open to the idea, of having two in the City, because we do not know what effect is going to have on the City when we allow for these vendors to come into the City. He was going with having the citizen input at the May 23rd, Planning and Development Board meeting. If there are any questions, the constituents can go through the P& D Board. When they can go through rile 1st and 2nd reading, so that we can have an alternative available. Due to the cancellation of the July 5, 2017 meeting, There will be more time to amend, if necessary. We are also waiting on the legislature as they did not approve any amendments to the State Statute. Also on the final adoption of rules by the Department of Health, Assistant City Attorney Bridgeman stated that the Department of Health are not going to finalize their rules. They have until July 3rd, so it would be premature to finalize anything before anything is received from the Department of Health. Mayor Grant stated we going to do what we think is best, and then we will make a determination what is legal, based on the Department of Health rules. Mr. Mack stated that any rules that come out from the Department of Health will be incorporated into our ordinance. Mayor Grant stated that they are having bills regarding treating it like a pharmacy, It cannot be more restrictive than a regular pharmacy. Mr. Mack stated that he did see some of that sample language, to see what the effect would be on our zoning. Ms. LaVerriere, asked a question, in order for the Commission to have the ability to review prior to selection of a vendor, outside of zoning requirements that the applicants must meet, and outside of review use during conditional use, what authority the Commission has, what criteria would the Commission be looking at? Does the Commission have the authority to place criteria for the vendor? Ms. Shana Bridgman, Assistant City Attorney explained that she needs to know what type of criteria the Commission will be using, in order to select the applicant. Does the vendor meet the zoning requirements, what are the certain types of criteria we need to evaluate to see if the criteria would be legally permissible? With the Lottery that was not the issue, because we have the lottery, your proposed criteria, as well as the finalized rules for the Department of Health (DOH). Page 363 of 555 Meeting Minutes City Commission Boynton Beach, Florida May 16, 2017 Commissioner Romelus explained this is why we should remain with the lottery system. There are 7 growers selected by the state of Florida and have been vetted, researched by the State of Florida. They are the only ones that are allowed to sell the product. There are a lot of different criteria that the State uses. Mr. Mack stated that there are very strict criteria, that there is vertical integration from seed to sale. They would be responsible for the entire process is how it is currently laid out. Mayor Grant stated that we do not know what the Department of Health (DOH), could do, if they wanted to increase the amount of growers. Mr. LaVerriere stated that this was a State Statue and that was the amount of growers that the State of Florida has regarding the amount of growers for the medical marijuana. Commissioner Casello asked if there was a lawsuit to increase the numbers of growers. Mr. Mack stated that at this point we are only going to have one dispensary in the City. Commissioner Romelus stated that, we as elected officials are privy to individuals trying to get us to swing towards their direction. She didn't want to put the Commission in a position where they are being courted by potential growers in order to vote their way. I think that this is why it should be left out of the hands of the Commission and should be left to chance. Vice Mayor Katz stated whether it is persuasion or lobbying, that is something that happens with every decision that is made on the dais, through discussion with individuals that reached out to me and something that the Mayor indicated, he wanted to look at their business plan. At that time I thought that it was a little bit intrusive. My main motivation is out of curiosity. While they are approved by the State from seed to sale, nobody has ever sold the product before. If anything, for me it is a controversial issue, but one that I support fully. I can go to the constituent, and say we have investigated and researched these growers and they are approved by the State, that has not operated this type of business before. We would like to have more information about these approved farms. Ms. LaVerriere asked the Commission to formalize what type of criteria that they needed. Assistant City Attorney Bridgman stated that we have been working on the ordinance for the past few months, so it should not take long to get the ordinance amended. Commissioner Casello stated that he wants the opportunity to make sure we get it right. Mayor Grant said to the citizens of Boynton Beach, all four of your Commissioners are here to listen. If the citizens want to get any petition and come out for the 1St reading, they need to be there. Help us decide what you think what is best for Boynton Beach. 12. NEW BUSINESS A. PROPOSED ORDINANCE NO. 17-012 - FIRST READING - Approve the updated Chronic Nuisance Property Code. Shana Bridgman, Assistant City Attorney, read the Propose Ordinance into the record. Page 364 of 555 Meeting Minutes City Commission Boynton Beach, Florida May 16, 2017 Mark Woods Director of Community Standards explained this ordinance is for chronic, non-compliant properties within Boynton Beach. This propose ordinance is not an answer to everything, it is not a fix it all. First of all, this ordinance was created to address excessive service use, deals with properties with habitual non-compliant issues, combines law enforcement and code compliance efforts, and holds property owners responsible for the actions that happen on their property. It is not intended to deal with individual property owners for non-compliant issues such as overgrown grass. The code compliance will continue to be used. This ordinance is for various forms of criminal activity. Violators are determined by calls for service (3 in 30 days or 7 or more in 6 months), excessive use, such as Police and Fire calls to service. This ordinance is not intended to address the common property owner — such as grass that is too high as an example; that is dealt with through the regular compliance process, it uses criminal determinants for inclusion in the program, and the Special Magistrate process for enforcement, ultimately makes the property owner responsible for the actions on their property. An action plan will be developed for property owners monitored for compliance by City non-compliant issues presented to a Special Magistrate. Commissioner McCray stated that since this is updated, he would have felt more comfortable if he and the other Commissioners would have been supplied with the old ordinance as well as the new one. Mr. Woods stated that this is in addition to Code Compliance; this is a new tool in our toolbox. Commissioner McCray said that we previously had a nuisance abatement ordinance. What changed from the last one to this one? This is not something new; this is something that is being reinforced. Mayor Grant asked if this new Article 8 that we had existing, if the entire section 15.001 has been replaced with the new language. Mr. Andrew Mack Director of Development stated we struck all the language of the old ordinance. We have entirely new language. the biggest change to the process is we have expanded the types of chronic nuisances, we are allowing that to go through a different process instead of going through the Magistrate process. We are going through an agreement. It is called abatement agreement. As part of the abatement agreement we have a contract with the owner of the property. If they are compliant, at that point we would have an action plan, which they would follow. If they do not follow the action plan, at that point, we are going to the abatement agreement, if they are complaint. If they don't comply, they go directly to the Magistrate; then we would recover the non -ad valorem taxes. Mayor Grant asked if someone has a business, if someone gets robbed twice, is this considered a chronic nuisance. Mr. Woods stated no, under the scenario that you have presented, the answer is no. If there was a robbery at the place which you own, then the answer is yes. If the property owner has a business and is a victim of theft, he is not considered a part of the property, not necessarily the business owner. If the landlord is not providing a safe space for its tenant, this is being done for the tenant. Commissioner Casello asked about the special assessment levied against the property is that in the form of a lien and if the owner of the property could ask for a lien reduction; Page 365 of 555 Meeting Minutes City Commission Boynton Beach, Florida May 16, 2017 this has happened many times. Ms. LaVerriere stated that this is administrative through the property appraiser's office. This goes on there actually tax bills, it must be paid or the property will be sold at a tax sale. Commissioner Casello asked if they could come back to the Commission and ask for a reduction. Mayor Grant stated no, but they could go through the circuit court for some type of tax relief. The Mayor explained how tax certificates work. Mayor Grant stated that he needed clarification on Item 26; is this item discriminatory against the mentally disabled with an addiction; because they cannot help themselves because of their disability. Mr. Mack stated it is not directed at the individual, it is directed at the owner of the property. If the condition of the property is conducive to the individual overdosing, then this would be considered a nuisance violation. Mayor Grant stated that we are trying to work with the landlord to make sure that their property is safe for their tenants. Commissioner McCray asked what affect this ordinance would have on Walmart, and how many incidents has there been at Walmart since April. Chief Katz stated he does not have that ii�formatio�i. Commissioner Castillo asked if this applies to property rentals, if someone subleases it. The Mayor wished staff the best of luck, so that we would have a safer more family friendly Boynton Beach. Commissioner Romelus said regarding the properties, the people that this may affect. It is always good to craft legislation, but they are always people who fall victim, even if we are not going after them. Are there ways like creating payment plans, or help them to fix the situation, to prevent from accumulating more fines. Mr. Woods stated that there are other vehicles that the City has in place. This ordinance does not address individuals. The ordinance is for serious criminal activity on a property. Commissioner Romelus stated that in the past we have had this never-ending rabbit hole of fines and fees that has accumulated, and then they come and ask us to forgive or reduce the fees. How can we make sure that we do not continue to perpetuate these situations? Mr. Woods explained first and foremost, the City determines if we list them as a chronic nuisance violator, so if it is someone that has a special situation, that some of the other programs that the City has, like community enhancement program, like a overgrowth or a dilapidated roof; this is for someone that has serious criminal activity going on; on their property. Ms LaVerriere stated that this is for a very specific listing; this is for extreme criminal activity. We are building our volunteer and grant programs, resident improvement programs, if someone has overgrown lawns, are not being addressed. Commissioner McCray said it seems like that this nuisance abatement process has been thrown into place, it seems like the Commission is trying to close Afro American businesses. Sometimes a landlord cannot control what goes on the outside of the Page 366 of 555 Meeting Minutes City Commission Boynton Beach, Florida May 16, 2017 business. It seems like this ordinance is geared to close down small businesses. Mr. Mack explained that the ordinance was modeled after Lake Worth and West Palm Beach. From the research, it has been successful. Commissioner McCray stated that he could not get behind this ordinance it seems like we want to nick pic to close businesses. Mayor Grant opened the floor to the public for comment. Mark Karageorge, 240A Main Blvd, wanted to commend Mark Woods, he read the knows the Chairman of the Nuisance s Abasement Board, in West Palm, and this has worked very well there. This ordinance does not shut down businesses. What it does is penalizes those businesses that are a nuisance to society. The part that he liked was adding to the tax bill, because that is critical. It provides a remedy quickly. There is one thing in our situation, and what has been proposed. When there is default, for the agreement that is made with the business owner, when the default goes to a hearing, goes to a Special Magistrate. In other cities, there has been Citizen Boards, of people that live in those communities that rule in those cases. This is another option that could be done here. The Community Standards process has a Magistrate. He wanted to stress that this is to correct a problem that is a chronic nuisance. Mayor Grant asked Commissioner McCray to write down any other questions or concern, and the questions will be addressed after public comment. Susan Oyers, 140 SE 27th Way, stated that she had some questions, as a property owner. Her family owns the building that Hurricane Alley is in. Everyone would agree it is a fabulous addition to our City that has kept Ocean Avenue going for decades. What happens if a random drunk person causes problems twice in a month, are you coming after me; since I own the building, when it is really the business owners issue. She recognizes that the City is trying to go after nuisance problems, but some things that are out of the business owner's control. Jeffery Katz, Chief of Police explained the idea behind this ordinance is to give some teeth to the process of engaging in a partnership with the business. The first effort is to reach out to the property owner and ask that they work with the City and develop a plan on how to mitigate the issue from continuing. Staff will articulate why we believe that this is a chronic nuisance. The property owner will be informed. This will give the property owner the opportunity to work with the City. The City will provide resources to help; whether it is a crime prevention assessment or anything else. Staff will work with the property owner to bring the property into compliance, so that we don't have a chronic nuisance situation. The effort is to work with the property owner. The concern that people will have with respect with the enforcement of this and the administration of the fines, really relates to the breakdown of that process. If we have a property owner who wants to work with the City, and mitigate the issue, that would not be a concern. A concern will be a property owner who is deliberately indifferent with the concerns of the public and the community that is allowing tenants in their residents or tenants in their Page 367 of 555 Meeting Minutes City Commission Boynton Beach, Florida May 16, 2017 rooms that they rent, to be subjected to criminal activity repeatedly. Again, we will bring that issue to the property owner, to work with the property owner. If they fail to do so, then this ordinance gives us the teeth to actually pursue it further. Ms. Oyers, said she understood, except she is looking at a situation, if she rents out to a business and this is something that the business has done, why is it impacting her as a property owner, they have rented the building out. She did not think as the business owners, she should have to take the hit. She wanted to know why should she, as a property owner, be held accountable and why are the business owner and not the business/tenant held accountable. Chief Katz reiterated the City is not coming after the property owner. The effort is to work with the property owner. The only time that the City would come after the property owner, would be if the property owner did not work with the City to address the issue. Everybody has a right to public services, everybody is a taxpayer. This ordinance addresses the anomaly, situations and locations that take away from our ability to serve everyone, because the Police or Fire Department are chronically dealing with situations at these locations. In the interest of being fair that is actually one of the justification of this ordinance is to make sure that we have the ability to provide public resources to everybody on an equitable playing field as opposed to spending all of our time where people are continually being victimized. Ms. Oyer stated the intentions are great but what happens 20 years down the line, there may be a different Commission and different Police. They are long term property owners and do not plan on going anyplace soon. Chief Katz stated, if you look at the process of this ordinance, this is an arduous ordinance to carry out. Regardless of the makeup of the Commission or the Police Department, we could not willy-nilly to go after people because of this ordinance. It is administratively very complex. It as an investment. Resources will be saved at the back end. Ms. Oyer stated she wants the ordinance to look at the good property owners and not just the bad ones. We do not want to get caught in a bad net, with circumstances beyond our control. Vice Mayor Katz asked the Chief, using Ms. Oyer's example, if two different incidents of people being intoxicated and getting into fights on her property would occur, what would that scenario unfold as, from a law enforcement scenario. Chief Katz stated that it really would not impact the owner. We need to use common sense in the application of this ordinance. Where we will have issues is when there are large crowds of rowdy people. We would contact the property owner and ask how we can work through this. Remember this is for the anomaly; this is not that there was a bad weekend and there were three fights. This is for people getting hurt and people getting injured, all the time. Herb Suss 1711 Woodfern Drive, wondered, with all the future building going up, the property owner can educate their tenants as they build. The police they do a great job, Page 368 of 555 Meeting Minutes City Commission Boynton Beach, Florida May 16, 2017 but with all the new building going up, the property owners need to educate their tenants. Commissioner McCray's whole take is going back in regard to the Magistrate. Where is the salary for the Magistrate coming from, have we budgeted this for additional hours. Ms. LaVerriere stated that this is funded in Legal. Ms. Shana Bridgeman Assistant City Attorney, stated that the Magistrate is the same one that will be handling the code cases currently, so it already budgeted. Ms. LaVerriere asked what the hourly fee twas being paid. Mr. Woods stated that the Magistrate is paid via Community Standards. Ms. LaVerriere advised this is an outside attorney. Commissioner McCray stated before this gets to the Commission you should have all of this information available. I am going back it comes out of the Code cases, you all do not have it together before it gets to me, I am sorry. Tim Howard Assistant City Manager, explained the Magistrate that we currently have that handles Community Standards, previously Code Enforcement; the City went out and selected an attorney. The hourly rates are budgeted under Community Standard. This would fall as another hearing. We already have the Magistrate in place. The money is already budgeted. Commissioner Casello asked if this would be an extra workload, since she gets paid by the hour. This would be part of what she would hear. Mr. Howard stated it is just part of what she hears. Mayor Grant asked if this would be after the Code Compliance or would it be a separate hearing. Mr. Woods stated that this would be the same agenda, it is just the placement. Someone must be at the end and someone is at the beginning. Commissioner Casello wanted to know with the average case load, how many cases per hour. Mr. Woods stated our case load takes about 1.5 hours, maybe 2 hours. Commissioner Casello stated that the pay is about $150.00 per hour. It will increase that budget. Mr. Howard stated that it may add 20 minutes, it may be '/2 hour. It may not be every month. Commissioner Casello stated that it could add to the budget. Commissioner Romelus offered, considering these potential businesses, these group homes, these are other affiliates, and the workload could potentially increase the cost. Her suggestion would be there is a board that rarely meets and rarely does anything. Could they potentially be the first group that oversees these hearings and if it needs to be escalated to the Special Magistrate to prevent the City from paying additional fees to the Magistrate. I am thinking of the Building Board Adjustment and Appeals. Mr. Mack stated just because it may have additional cost, the costs associated with the enforcement will be recouped via the tax collectors lien on the property. Mayor Grant stated he liked Mr. Karageorge's idea. Commissioner Casello did not think that this should be put in the hands of the citizens. Mayor Grant stated that there is a current nuisance abatement ordinance. The big change is that we go into an agreement. We are trying to work with the property owners, if we have a property owner that is willing to work with us. Page 369 of 555 Meeting Minutes City Commission Boynton Beach, Florida May 16, 2017 Vice Mayor Katz offered this is an ordinance relates to businesses that are compliant with or ignorant of severe repeat criminal activity on their premises. He did not have sympathy for these business owners, whether it is sober home operators that allow people to overdose and die on the property, multiple times, if it happens more than once. Something needs to be brought to the business door step. If you are a bar or a convenience store, if the types of crimes and criminal activity are common occurrence on the property, then this ordinance presents you with two options; clean up your act or the City of Boynton Beach will clean up your act. Those businesses that are offended by this, I say good riddance. City of Boynton Beach does not need businesses that are constantly sucking up resources that are wasting the time of Fire or Police taking away vital services for law abiding citizens that may need those services. He understood the concern of over enforcement, which is not something that we foresee because of the ridged guidelines that are set in place; and the process. Vice Mayor Katz fully supported this, because the success that has been enjoyed by other municipalities. For those businesses who feel they are being targeted; stop allowing crimes from occurring on your property. He lives in a community with a number of sober homes. It seems like every month someone dies at one of the facilities. These homes need to be closed down. Residents feel like they are being held hostage. Clean up your act or get out of Boynton Beach. This ordinance gives plenty of time to get their act together. No one wants to close businesses down. Commissioner McCray asked the Chief of Police for the stats for Walmart. Mayor Grant state that it is not against the business, it is against the owner who has a tenant of that business. If the Chronic Nuisance Abatement Board is involved, there is a violation of the lease. It means you, as a tenant, is doing something wrong. If you violate the nuisance abatement, we will have the civil option first, with the language that is being placed in the abatement agreement, the landlord is being placed on notice. This is putting the landlord on notification that his tenant is not doing what he should be doing. We are making sure that they are not overusing services. The tenant must make sure that they have Police at the property; if the owner allows the tenant to do this, then they must pay for extra services. This is new territory for the City. There may be kinks, but the City is willing to work with the property owners to make the City of Boynton Beach better. Commissioner Romelus asked about the chronic nuisance Board, which had been mentioned multiple times. Mayor Grant asked if the Commission wanted to think about creating a Chronic Nuisance Board. The Magistrate is an attorney. Commissioner Romelus explained that she is not in favor of creating any new boards; there are several boards that rarely meet, or that are not being utilized to their full potential. She was in favor of using another board. Mayor Grant stated that he was looking at the Adjustment Board of Appeal; they have not used the board since 2015. Mr. Mack stated that the last time that the board met was in reference to an unsafe structure. Page 370 of 555 Meeting Minutes City Commission Boynton Beach, Florida May 16, 2017 Commissioner Casello asked if the boards are inactive because they have not business to conduct. Mr. Mack explained that this board is only on an "as needed basis". It is based on someone applying for a request, such as if a contractor or owner feel they are not in agreement with what the building official has determine or allows, they can appeal that decision, that is the due process. Commissioner Casello asked if maybe the Commission can increase their purview, if there are situations they can review prior to going to the special Magistrate. Mr. Mack explained that the board's make up is specially geared toward regulating businesses that deal with construction in the development industry. The Special Magistrate was chosen because the Magistrate is an attorney and has expertise in law enforcement. The previous abatement was done through the Special Magistrate via the Code Compliance Board. Commissioner Romelus stated that she understands this is to allow for citizen or community input. Ms. LaVarierre stated that the public can speak at the Special Magistrate hearings. Mr. Mack explained, the business owners could appeal the decision through the court system; if they were rendered a decision by the Special Magistrate. Mayor Grant asked if the ordinance has language regarding attorney fees, for the prevailing party and include in the non -ad valorem taxes. Mr. Mack stated that he would need to speak with the City Attorney's office, to receive further clarification. Mayor Grant stated that he was in favor of continuing the Special Magistrate. If we have residents willing to get onto the board and take that back, I am willing to hear what they have to say. If we only get two or three people it would not be worth it. Regarding the Adjustment Board of Appeal, they are not qualified, for what is needed; you need officers, lawyers and others. It is something that needs to be put into place, so that we can start to correct some of the issues that have been plaguing the City, for decades. Commissioner McCray was in favor of using the Special Magistrate. We are already on a slippery slope, I prefer to have legal individuals operating and giving us their legal opinions when it comes to information instead of citizens, like John Doe. Mayor Grant asked if there were any final comments from the Commission. Commissioner Romelus believed this is a great idea. She just wanted to make sure that we prevented from going down the slippery slope of potentially going after individuals who become entangled in the language of this simply because they have individuals that are frequenting there businesses. She saw the intention of the ordinance, but good intentions take us places that we do not want to go. She wants to make sure that we use this ordinance for its intended purposes, not to penalize good standing businesses which may fall victim to this ordinance. Commissioner Casello stated that he is comfortable in the way in which the Chief explained how this ordinance would be implemented.. Page 371 of 555 Meeting Minutes City Commission Boynton Beach, Florida 16, 2017 Vice Mayor Katz wanted to tone down his comments by saying the way in which the ordinance is laid out; with the comments from the Chief, as well as Commissioner Casello he did not foresee an avalanche of ordinance violations that shut down businesses. We are looking at hundreds of millions of dollars in investments of new business, new residential infrastructure, up and down Boynton Beach, Federal, Seacreast, and MLK with the CRA in conjunction with the different projects. The businesses that would fall under this ordinance and in violation of it need to recognize that for the City to move forward, the types of activities that would run afoul of this ordinance need to cease. Also, if you are a business operator that does not agree with this ordinance then you need to clean up your act. If you are a property owner that has a tenant that violates the ordinance, hopefully in the lease there is language that addresses criminal activity; they can be removed from the property. If we want to revitalize our downtown area, this is something that will push this City in the proper path. We cannot expect investment and development if there is rampant violence and crime throughout the City. If there are dozens of businesses that are being cited, he would be the first to ask for the ordinance to be amended. He did not foresee that as being the case. He supports this ordinance. Mayos Grant asked for a motion Motion Vice Mayor Katz moved to approve. Commissioner Casello seconded the motion. Vote City Clerk Pyle called the roll. The vote was 4-1. (Commissioner McCray dissenting). B. PROPOSED RESOLUTION NO. R17-050 - Authorize the Mayor to sign an Interlocal Agreement between the City of Boynton Beach and Boynton Beach Community Redevelopment Agency (CRA) for the CRA partial funding of the Director of Economic Development and Strategy for FY 16/17 for an amount not to exceed $23,795. Motion Commissioner Romelus moved to approve. Commissioner Casello seconded the motion. Commissioner McCray wanted a discussion. Commissioner McCray asserted the employee was not hired for the calendar year, only for a few more months. This is only for a partial payment. Mayor Grant stated this is for the fiscal year. Commissioner McCray asked what the total amount of compensation. Mr. Howard advised this only for six month period. April 1- September 30, 2017. His current salary is $130,000, $190, 0000 including the insurance cost, as well as the Page 372 of 555 Meeting Minutes City Commission Boynton Beach, Florida May 16, 2017 pension cost. Ms. LaVerriere, stated the expected pension cost is 48 percent of salary moving into next year. Commissioner McCray stated that he needs measurables to see if this individual will do what is expected. To come up with $190,000 for one individual. I think it needs to be looked at again. Mr. Howard stated that this is a one year agreement between the CRA and the City and comes back each year. Mr. Howard stated that the agreement will come again in October 2017 to renew. Commissioner Romelus stated that she disagrees with Commissioner McCray. I believe that this is a good use of taxpayer money, to pay this individual. I must say that he is very well versed. We have been asking for a very long time for someone to fill this role, to have a place at the table, to get local, higher consideration of our businesses, to make sure that they are informed, different contracts and bids. This is why this individual has been hired. I truly believed that role will be fulfilled. , I look forward to building, the community. She did not oppose the amount of money. We have been asking for this. He is qualified and has been diligent to reach out to community stakeholders. Commissioner McCray stated that he needs measurable, it is a lot of money. We need money io do different things. It is a good idea, for one individual to get $189,000? Commissioner Casello inquired how do we come up with the salary for Directors. Ms. LaVerriere, stated that we use classification plan. If someone is not meeting the standard of the position the employee will be terminated. Ms. LaVerriere, will terminate the staff member. Vote Unanimously passed 13. LEGAL A. PROPOSED RESOLUTION NO. R17-051 - Approve an extension of the temporary moratorium commenced under a "Notice of Intent" (NOI #2016-01) to study the need for modifications to the City's Land Development Regulations (LDR) related to the siting, placement, and design of wireless communication facilities (W CF) within rights-of-way, through September 6, 2017 to cover the period required to finalize the review of possible amendments to the land development regulations intended to implement currently pending legislation (SB 596/HB 687). Ms. Shana Bridgeman, Assistant City Attorney, read the Proposed Resolution no. R17-051 by title only. Page 373 of 555 Meeting Minutes City Commission Boynton Beach, Florida Motion 16, 2017 Commissioner McCray moved to approve. Vice Mayor Katz seconded the motion. Mayor Grant asked for discussion. Mayor Grant inquired if the State Legislator passed any bills that are up for the Governor's signatures, Mr. Rumpf, replied not yet, and Mayor Grant asked if there were any bills preempting what we can be done. Mr. Rumpf stated potentially, yes. Mayor Grant asked should we try to create something before that comes into effect. Mr. Rumpf recommended to extend the moratorium, to wait it out, to see what the outcome will be, it may be futile to do that. Mayor Grant questioned if there would be nothing grandfathered in and Mr. Rumpf confirmed nothing, Vote Unanimously passed B. PROPOSED ORDINANCE NO. 17-013 - FIRST READING — Approve the local Register historic designation application for the site of the Boynton School(the Children's Museum) located at 129 E. Ocean Avenue, Boynton Beach. Ms. Shana Bridgeman, Assistant City Attorney read proposed Ordinance17-013-on first reading, by title only. Motion Commissioner Romelus moved to approve. Commissioner McCray seconded the motion. Vote City Clerk Pyle called the roll. The vote was 5-0 C. Direct staff to suspend enforcement of the City's Code of Ordinances, Chapter 17, Article II, Solicitors and Canvassers Commissioner McCray asked who it affects. Attorney Bridgeman stated this does not apply to Comcast. If they already must have a BTR they still solicit now. The ordinance has not been revised since 1958. We should have a new ordinance at the next meeting. Commissioner McCray stated that anyone who wanted to solicit can solicit in Boynton Beach. There are certain provisions within the ordinance that does not reflect the current case law. Commissioner McCray asked if they need to get a permit from the City Page 374 of 555 Meeting Minutes City Commission Boynton Beach, Florida May 16, 2017 Clerk's office. Commissioner Casello asked about the political candidates canvassers, Attorney Bridgeman stated this ordinance does not have anything to do with political canvassers. Commissioner Romelus asked staff to look at other ordinances that maybe out of date. That may have language that is offensive and out of date. Motion Commission Romelus moved to approve. Commissioner McCray seconded the motion. Vote unanimously passed. 14. FUTURE AGENDA ITEMS Mayor Grant requested deferring the Library presentation. There were no objections to the request. Mayor Grant requested the City Manager to have a presentation for the Town Square at the next meeting, May 30, 2017. There were no objections to the request A. Monthly Departmental Presentations: ITS/GIS - June, 2017 Public Works - July, 2017 B. July 5, 2017 Commission Meeting has been cancelled. C. Budget workshops for the FY 17/18 budget are scheduled in the Library Program Room on the following dates and times: Monday, July 17, 2017 @ 5:00 P.M. Tuesday, July 18, 2017 @ 10:00 A.M. Wednesday, July 19, 2017 @ 2:00 P.M. D. Increase the 25,000 increase with the legislature. E. Add local legislature to give our reports 15. ADJOURNMENT Motion Commissioner Romelus moved to adjourn. Commissioner McCray seconded the motion. Page 375 of 555 Meeting Minutes City Commission Boynton Beach, Florida Vote May 16, 2017 The motion unanimously passed. The meeting was adjourned at 9:35 p.m. CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor - Justin Katz Commissioner — Mack McCray Commissioner - Christina Romeius Commissioner - Joe Casello ATTEST Judith A. Pyle, CMC City Clerk Queenester Nieves, Deputy City Clerk Page 376 of 555 7.A. REQUESTED ACTION BY COMMISSION: Approve utilizing the City of Miami's Contract I FB No. 516388 to furnish and install emergency equipment for law enforcement vehicles on an "AS NEEDED BASIS" from Dana Safety Supply, Inc. of Doral, FL and LESC, Inc. d/b/a Law Enforcement Supply of Coconut Creek, FL for an estimated annual amount of $175,000. The City of Miami's procurement process satisfies the City's competitive bid requirements. EXPLANATION OF REQUEST: BID TERM: January 25, 2016 THROUGH January 24, 2018 The Police Department is planning on replacing 25 vehicles for fiscal year 2017 and will utilize this bid to furnish the replacements with the required emergency equipment and lighting. Dana Supply is the only BluePrint certified installer in South Florida, which is our current lighting operating system. This will allow for uniformity within our fleet and continuity for equipment design so officers can switch cars without experiencing difficulties. Moreover, this contract provides a 7 year warranty on lighting which exceeds industry standards (5 years). HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The purchase of emergency equipment and lighting will allow for our patrol/non-patrol officers to respond to emergency calls for service in a safe and prudent manner. Emergency equipment will allow officers to successfully meet our mission as providers of effective, efficient and impartial services to the community. FISCAL IMPACT: Budgeted Funds for the emergency equipment have been budgeted in account number 501-2516-519-64-33. Fiscal Year 2016 expenditures were $305,405.99. ALTERNATIVES: The City could issue its own bid for this equipment. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 377 of 555 Is this a grant? No Grant Amount: ATTACHMENTS: Type D Contract D Contract REVIEWERS: Department Police Finance Legal City Manager Reviewer Katz, J eff Howard, Tim Swanson, Lynn LaVerriere, Lori Description Contract Contract Amednment D ate 5/5/2017 ® 10:43 AM 5/31/2017 ® 10:49 AM 6/1/2017 ® 10:20 AM 6/1/2017 ® 4:37 PM Page 378 of 555 CITY OF MIAMI, DEPARTMENT OF PROCUREMENT Buyer: Eduardo Falcon Phone: (305) 416-1901 Prepared By: Aimee Gandarilla, 2/2/16 A CONTRACT AWARD SHEET INSTRUCTIONAL GUIDE TO ASSIST YOU WITH THE INFORMATION CONTAINED HEREIN IS AVAILABLE IN THE ]SUPPLIER INFORMATION SECTION OF OUR WEBPAGE AT: WWW, MIAMIGOV.COM/PROCUREMENT Initial: Page 379 of 555 m O U o CO E O E O m m o m o O o 0 0 o E G m m p U 0 O Z O Z O Z O Z LO `- O Z LO N O d' N N 00 c- O N LO ° LO co O Z N O Z O Z O (V UZ N CL m O w ro e U O -2 00 o m a m O m o o CIS x o D m a o 0 0 41 0 0 0 0 '6 a a « C N O Z O Z O Z O Z oO� LO O W N O O N O Cl) O M LO Cl) LO LO N O Z l0 O Z O Z M U Z Z N Q. 4- O O .�, 0) .0 U .0 U L U L U L U .0 U L) L) U U U U U U U U U U U U U �lM w m w m w m w m w m w m w m w m w com w w m w m w m w m w m w m w m w m w m w m w E U E O 'mC O U f6 U. 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W O m J J C N J O 0 O O 0 O 8 O U V L -a0 N N Oj J (J6 NL L J@ L L -j t o c C N N @ N N o o C. o J U v ii U In fn U U > 0 1- 1- I- P I- 4� C @ yro C co a) c N a) c N a) c N @ @ v > v > O O O O o Ss OO SCC a SSC O a SCC O a SSC d d d LOL LL N V) 7 7 7 > 7 w w w 0 O y y y w :3❑ U w U w U U U U C C C C C C C C Cin C > � U U �O O O O O O O ❑ d' Q' C C❑ N N ❑ a) E a) E (D E a) E a) E a) E a) E a) ro 40- (/i .— P m Z O Z O Z O Z O Z O `0 0 0 0 0 o c (6 @ @ @ @ @ @ @ @ ❑ ❑ ❑ ❑ ❑ d d J J J J J J J J m Q Q Q Q Q r co N a0 aO�) O N M 'It LO CO I� 00 A L a) 0 n CL Q City of Miami INCORO ORATE0 Invitation for Bid (IFB) O„ F Purchasing Department Miami Riverside Center 444 SW 2nd Avenue, 6th Floor Miami, Florida 33130 Web Site Address: http://ci,miami,fl.us/procurement IFB Number: 516388 Title: IFB for Purchase and/or Installation of Municipal Vehicle Equipment -Citywide Issue Date/Time: IFB Closing Date/Time: Pre -Bid Conference: Pre -Bid Date/Time: Pre -Bid Location: Deadline for Request for Clarification: Buyer: Hard Copy Submittal Location: Buyer E -Mail Address: Buyer Facsimile: 21 -SEP -2015 14 -OCT -2015 cr 15:00:00 None Tuesday, September 29, 2015 at 3:OOPM Falcon, Eduardo City of Miami - City Clerk 3500 Pan American Drive Miami FL 33133 US efalcon cr miamigov.com 305-400-5390 Page 1 of 52 Page 383 of 555 Certification Statement Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and retain a copy for your files. Prices should include all costs, including transportation to destination. The City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a minimum of 180 days following the time set for closing of the submissions. In the event of errors in extension of totals, the unit prices shall govern in determining the quoted prices. We (I) certify that we have read your solicitation, completed the necessary documents, and propose to furnish and deliver, F.O.B. DESTINATION, the items or services specified herein. The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations, or debarred or suspended as set in section 18-107 or Ordinance No. 12271. All exceptions to this submission have been documented in the section below (refer to paragraph and section). EXCEPTIONS: We (1) certify that any and. all information contained in this submission is true; and we (I) further certify that this submission is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this submission for the submitter. Please print the following and sign your name: SUPPLIER NAME: ADDRESS: PHONE: EMAIL: SIGNED BY: TITLE: FAX: BEEPER: DATE: FAILURE TO COMPLETE, SIGN. AND RETURN THIS FORM SHALL DISQUALIFY THIS BID. Page 2 of 52 Page 384 of 555 Certifications Legal Name of Firm: Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Year Established: Office Location: City of Miami, Miami -Dade County, or Other Occupational License Number: Occupational License Issuing Agency: Occupational License Expiration Date: Will Subcontractor(s) be used? (Yes or No) If subcontractor(s) will be utilized, provide their name, address and the the portion of the work they will be responsible for under this contract (a copy of their license(s) must be submitted with your bid response). If no subcontractor(s) will be utilized, please insert N/A.: Please list and aekmwledge all addendum/addenda received.. List the addendum/addenda number and date of receipt (i.e. Addendum No. 1, 7/1/07). If no addendum/addenda was/were issued, please insert N/A. Reference No. 1: Name of Company/Agency for which bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the past: Reference No. 1: Address, City, State, and Zip for above reference company/agency listed: Page 3 of 52 Page 385 of 555 Reference No. 1: Name of Contact Person and Telephone Number for above reference no. 1 Reference No. 1.: Date of Contract or Sale for above reference no. 1 Reference No. 2: Name of Company/Agency for which bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the past: Reference No. 2: Address, City, State, and Zip for above reference company/agency listed: Reference No. 2: Name of Contact Person and Telephone Number for above reference no. 2 Reference No. 2: Date of Contract or Sale for above reference no. 2 Reference No. 3: Name of Company/Agency for which bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the past: Reference No. 3: Address, City, State, and Zip for above reference company/agency listed: Reference No. 3: Name of Contact Person and Telephone Number for above reference no. 3 Reference No. 3: Date of Contract or Sale for above reference no. 3 Page 4 of 52 Page 386 of 555 Line: 1 Description: Percent Discount Off Manufacturers List Price Catalog for Mavron Inc, www.mavron.com (express as a decimal, i.e. 40% discount =.40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 2 Description: Percent Discount Off Manufacturers List Price Catalog for Van -Cell, Inmate & Prisoner Transportation System, www,van-cell.com (express as a decimal, i.e. 40% discount =.40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 3 Description: Percent Discount Off Manufacturers List Price Catalog for Federal Signal (express as a decimal, i.e. 40% discount =.40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 4 Description: Percent Discount Off Manufacturers List Price Catalog for Signal Technology Enterprises, www.signaltechnology.net (express as a decimal, i.e. 40% discount =.40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Page 5 of 52 Page 387 of 555 Line: 5 Description: Percent Discount Off Manufacturers List Price Catalog for HG2 Emergency Lighting, www.hg2lighting.com (express as a decimal, i.e. 40%o discount =.40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 6 Description: Percent Discount Off Manufacturers List Price Catalog for WANCO, www.wanco.com (express as a decimal, i.e. 40% discount =.40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total• $ Line: 7 Description: Percent Discount Off Manufacturers List. Price Catalog for MPH Radar, www.mphindustries.com (express as a decimal, i.e. 40% discount =.40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 8 Description: Percent Discount Off Manufacturers List Price Catalog for TUFLOC, www.tufloc.com (express as a decimal, i.e. 40% discount =.40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Page 6 of 52 Page 388 of 555 Line: 9 Description: Percent Discount Off Manufacturers List Price Catalog for PUGS Custom Cabinets, www.pugscabinets.com (express as a decimal, i.e. 40'% discount =.40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 10 Description: Percent Discount Off Manufacturers List Price Catalog for Unity Manufacturing, www.unityusa.com (express as a decimal, i.e. 40% discount =.40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 11 Description: Percent Discount Off Manufacturers List Price Catalog for Star Headlight & Lantern Co., www.starl889.com (express as a decimal, i.e. 40% discount =.40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 12 Description: Percent Discount Off Manufacturers List Price Catalog for Able -2 Products, www.able2products.com (express as a decimal, i.e. 40% discount =.40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Page 7 of 52 Page 389 of 555 Line: 13 Description: Percent Discount Off Manufacturers List Price Catalog for Brooking Industries Ltd., www.brookingindustries.com (express as a decimal, i.e. 40% discount .40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total• $ Line: 14 Description: Percent Discount Off Manufacturers List Price Catalog for Go -Rhino, www.gorhino.com (express as a decimal, i.e. 40% discount =.40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total $ Line: 15 Description: Percent Discount Off Manufacturers List Price Catalog for LUND Products, www.lundinternational.com (express as a decimal, i.e. 40% discount .40). Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 16 Description: Percent Discount Off Manufacturers List Price Catalog for Streamlight, www.streamlight.com (express as a decimal, i.e. 40% discount =,40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Page 8 of 52 Page 390 of 555 Line: 17 Description: Percent Discount Off Manufacturers List Price Catalog for PRO -Copper, www.procopper.com (express as a decimal, i.e. 40% discount =.40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 18 Description: Percent Discount Off Manufacturers List Price Catalog for L3 Mobile Vision, www.mobile-vision.com (express as a decimal, i.e. 40% discount =.40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 19 Description: Percent Discount Off Manufacturers List Price Catalog for Patrol Witness, www.patrolwitness.com (express as a decimal, i.e. 40% discount =.40) Category: 05557-00 Unit of Measure: Each Unit Price; $ Number of Units: 1 Total: $ Line: 20 Description: Percent Discount Off Manufacturers List Price Catalog for Plate Scan, www.platescan.com (express as a. decimal, i.e. 40% discount =.40) Category: 05557.00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Page 9 of 52 Page 391 of 555 Line: 21 Description: Percent Discount Off Manufacturers List Price Catalog for Pro-gard Products LLC, www.progard.com (express as a decimal, i.e. 40% discount =.40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 22 Description: Percent Discount Off Manufacturers List Price Catalog for Setina Manufacturing, www.setina.com (express as a decimal, i.e. 40% discount =,40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 23 Description: Percent Discount Off Manufacturers List Price Catalog for RAM Mounts, www..ram-mount.com (express as a decimal, i.e. 40% discount =.40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 24 Description: Percent Discount Off Manufacturers List Price Catalog for Jotto Desk Vehicle Mounting Solutions, which includes: Patriot Products and Kodiak Mobile, www.everythingbutlights.com (express as a decimal, i.e. 40% discount .40) Category: 05557-00 Unit of Measure: Each Page 10 of 52 Page 392 of 555 Unit Price: $ Number of Units: 1 Total: $ Line: 25 Description: Percent Discount Off Manufacturers List Price Catalog for Big Sky Racks, www.bigskyracks.com (express as a decimal, i.e. 40% discount =.40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 26 Description: Percent Discount Off Manufacturers List Price Catalog for BLI International, www.prioritystart.com (express as a decimal, i.e. 40% discount =.40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 27 Description: Percent Discount Off Manufacturers List Price Catalog for Tremco, www.tremcopoliceproducts.com (express as a decimal, i.e. 40% discount =.40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: I Total: $ Line: 28 Description: Percent Discount Off Manufacturers List Price Catalog for Gamber-Johnson, www.gamberjohnson.com (express as a decimal, i.e. 40% discount =.40) Category: 05557-00 Page 11 of 52 Page 393 of 555 Unit of Measure: Each Unit Price: $ Line: 29 Number of Units: 1 Total: $ Description: Percent Discount Off Manufacturers List Price Catalog for Kustom Signals Inc, www.kustomsignals.com (express as a decimal, i.e. 40% discount =.40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 30 Description: Percent Discount Off Manufacturers List Price Catalog for Sound -off Signal, www.soundoffsignal.com (express as a decimal, i.e. 40% discount =.40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 31 Description: Percent Discount Off Manufacturers List Price Catalog for Truck Vault Secure Storage Solutions, www.truckvault.com (express as a decimal, i.e. 40% discount =.40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 32 Description: Percent Discount Off Manufacturers List Price Catalog for American Aluminum Accessories, www.ezrideronline.com (express as a decimal, i.e. 40% discount =.40) Page 12 of 52 Page 394 of 555 Category: 05557-00 Unit of Measure: Each Unit Price: $ Line: 33 Number of Units: 1 Total: $ Description: Percent Discount Off Manufacturers List Price Catalog for NOVA Electronics, www.strohe.com (express as a decimal, i.e. 40% discount .40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 34 Description: Percent Discount Off Manufacturers List Price Catalog for Watch Guard Digital in Car Video, www.watchguardvideo.com (express as a decimal, i.e. 40% discount =.40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 35 Description: Percent Discount Off Manufacturers List Price Catalog for All Traffic Solutions, www.alltrafficsolutions.com (express as a decimal, i.e. 40% discount =.40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 36 Descriptions Percent Discount Off Manufacturers List Price Catalog for Whelen, www.whelen.com (express as a decimal, i.e. 40% discount =.40) Page 13 of 52 Page 395 of 555 Category: 05557-00 Unit of Measure: Each Unit Price: $ Line: 37 Number of Units: 1 Total: $ Description: Percent Discount Off Manufacturers List Price Catalog for Code 3 Public Safety Equipment, www.code3pse.com (express as a decimal, i.e. 40% discount =.40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 38 Description: Percent Discount Off Manufacturers List Price Catalog for Troy Industries, www.troyproducts.com (express as a decimal, i.e. 40% discount =.40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 39 Description: Percent Discount Off Manufacturers List Price Catalog for Adamson Industries, www.adamsonindustries.com (express as a decimal, i.e. 40% discount =.40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 40 Description: Percent Discount Off Manufacturers List Price Catalog for Ray Allen Manufacturing Company, www.rayallen.com Page 14 of 52 Page 396 of 555 (express as a decimal, i.e. 40% discount .40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: I Total: $ Line: 41 Description: Percent Discount Off Manufacturers List Price Catalog for Havis-Shields Manufacturing Company, www.havis.com (express as a decimal, i.e. 40% discount =.40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 42 Description: Percent Discount Off Manufacturers List Price Catalog for Radiotronics Inc., www.radiotronics.com (express as a decimal, i.e. 40% discount =.40) Category: 0555700 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 43 Description: Percent Discount Off Manufacturers List Price Catalog for Drivecam, (express as a decimal, i.e. 40% discount =.40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 44 Description: Percent Discount Off Manufacturers List Price Catalog for Laguna 3P, www.laguna3p.com Page 15 of 52 Page 397 of 555 (express as a decimal, i.e. 40% discount = .40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 45 Description: Labor Time to install Prisoner Cage (express as a decimal, 1/2 hour = .5) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 46 Description: Labor Time to install Prisoner Seat (express as a decimal, 1/2 hour =.5) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 47 Description: Labor Time to install Prisoner Seat & Cage (express as a decimal, 1/2 hour .5) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 48 Description: Labor Time to install Rear Window Bars with OEM or ABS door panels (express as a decimal, 1/2 hour .5) Category: 05557-00 Page 16 of 52 Page 398 of 555 Unit of Measurer .Each Unit Price: $ Line: 49 Number of Units: 1 Total: $ Description: Labor Time to install Rear Window Bars and ABS door panels (express as a decimal, 1/2 hour =.5) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 50 Description: Labor Time to install Four (4) Corner Universal LED Hideaway Light System with Controller (express as a decimal, 1/2 hour =.5) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 51 Description: Labor Time to install Four (4) Corner Universal LED Hideaway Light System without Controller (express as a decimal, 1/2 hour =.5) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 52 Description: Labor Rate: Discounted Hourly Labor Rate to Install Items From Catalogs and Packages as Listed. Category: 05557-00 Page 17 of 52 Page 399 of 555 Unit of Measure: Hour Unit Price: $ Number of Units: 1 Total: $ Line: 53 Description: Balance of Line: % Discount off Catalogs Not Listed. (express as a decimal, i.e. 40% discount =.40) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ List the catalogs that are being discounted Line: 54 Description: ADD-ON SERVICES Window Tinting with Labor Included for Sedans ( Compact to Full Size) (as per section 3.1.3) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Liner 55 Description: ADD-ON SERVICES Window Tinting with Labor Included for Sports Utility Vehicles (as per section 3.1.3) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 56 Description: ADD-ON SERVICES Window Tinting with Labor Included for Pickups Standard Cab (as per section 3.1.3) Page 18 of 52 Page 400 of 555 Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total• $ Line: 57 Description: ADD-ON SERVICES Window Tinting with Labor Included for Pickups Extended Cab (as per section 3.1.3) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Line: 58 Description: ADD-ON SERVICES Window Tinting with Labor Included for Pickups Crew Cab (as per section 3.1.3) Category: 05557-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Page 19 of 52 Page 401 of 555 Invitation for Bid (IFB)516388 Table oyContents Termsand Conditions ................................................................................................................................................... 2I LGeneral Conditions --.................................................................................................................................. 1.l.GENERAL TERMS AND CONDITIONS ...-----.-----------.--.-------.2| 2. Special Conditions ---------.----.----.—.---.----------.----------.4l 2. 1. -------------------..------...,...--------.-----..41 22DEADLINE FOR RECEIPT 0FREQUEST FOR ADDITIONAL ----'^~--------------.~----.—'..—,---.-4l 2.3. —.-------.--------------.---.4| 24.TERM OFCONTRACT ---.--..—..—...--------------------------. 41 2.lCONDITIONS FOR RENEWAL -------.—....~------.—..------.------./4l 2.6 OF FUNDS .—.---..—.--'....----.-----------.—.. 41 2IMETHOD O9AWARD ----._----------.-------.--.—,....—.—.-----.42 2.8.BIDDERS MINIMUM QUALIFICATIONS -----.------..--_—.~—....-----'42 2.9. FACILITY LOCATION --------..—.--.---.---.-------------..—.._..42 2.1O.CATALOG DISCOUNTS ..—.—....--..----------------------..--..42 2J1.FIXED AND FIRM PRICING —..—_—.------.--------.--------------.4Z Zl2.HOURLY LABOR AND INSTALLATION PRICES —.—.....-----------------..43 2J3.DELIVERY / LIQUIDATED DAMAGES --.—.----..--,_.--.—.—.--------AJ 2.14. FAILURE TO PERFORM —.--.---.---------------------.-------'45 2.15.A00REQUAL ---------.--.—.-------------.---.--.---...---.. 4J 2.16.DN8UDANCB REQUIREMENTS --.--------------------------^.--43 2]7.PATENTS AND ROYALTIES ----.--..--...,..------.--------------.45 2.18. INSTALLATION, PICK-UP AND DELIVERY REQUIREMENTS .------.-------..A5 2.l9.METHOD OF PAYMENT -------------.-----------...—.....-----.�6 2.20, PACKING TICKET T0ACCOMPANY ITEMS DURING DELIVERY .......... 46 2.2LCOMPLETED WORK ....--.—.--...-----.----------.----..----..A4 222. OF ............................. 2.23.CONTRACT ADMINISTRATORS ----.~—.—.---..-------------------... 46 2.24. SUBCONTRACTORS 0FWORK' SHALL, B8IDENTIFIED ---..—..----..—.-----A7 2.25. WORKMANSHIP AND MATERIALS -----.—.------------.......--.—.—'47 226.TIE BIDS .----.----.-----.----------.------.--.-------~._.A7 2.2?.DAMAGES T0 PROPERTY —...--------------.--------.48 2,28FACTORY DEFECTS --.—_—_..—.---..—.---------...-------------.4& 229WARRANTY, FITNESS FOR PURPOSE ....—.—....----...--.---------...-48 2.30. QUALITY AND MANUFACTURE ----------.—~.----.--.-----------.. 48 2.31. PRODUCT SUBSTITUTES ----------.—.------.—^—.------.------. 49 2.32. REFERENCES .---..----------------.--.-----.—.—.---..—..----.. 4y 2.33 EXCEPTIONS -----------_---..----------------'49 2,34 ..—....—..—.---...--------.---------------..--.4V 2.3lBALANCE OBLINE -------..—.----....------.----------_-----'. 50 2.36.ADDITIONAL TERMS AND CONDITIONS --.---...._—.--_---.--.------.. 50 3. Specifications -------------.---------------.^----.--.-----.-----.. 51 3l OF WORK ---------------.._-----.--.—.--.—.5l Page 2Vnf52 Page 402 of 555 Invitation for Bid (IFB) 516388 Terms and Conditions 1. General Conditions 1.1. GENERAL TERMS AND CONDITIONS Intent: The General Terms and Conditions described herein apply to the acquisition of goods/equipment/services with an estimated aggregate cost of $25,000,00 or more. Definition: A formal solicitation is defined as issuance of an Invitation for Bids, Request for Proposals, Request for Qualifications, or Request for Letters of Interest pursuant to the City of Miami Procurement Code and/or Florida Law, as amended. Formal Solicitation and Solicitation shall be defined in the same manner herein. 1.1. ACCEPTANCE OF GOODS OR EQUIPMENT - Any good(s) or equipment delivered under this formal solicitation, if applicable, shall remain the property of the seller until a physical inspection and actual usage of the good is made, and thereafter is accepted as satisfactory to the City. It must comply with the terms herein and be filly in accordance with specifications and of the highest quality. In the event the goods/equipment supplied to the City are found to be defective or does not conform to specifications, the City reserves the right to cancel the order upon written notice to the Contractor and return the product to the Contractor at the Contractor's expense, 1.2. ACCEPTANCE OF OFFER - The signed. or electronic submission of your solicitation response shall be considered an offer on the part of the bidder/proposer; such offer shall be deemed accepted upon issuance by the City of a purchase order, 1.3. ACCEPTANCE/REJECTION — The City reserves the right to accept or reject any or all responses or parts of after opening/closing date and request re -issuance on the goods/services described in the formal solicitation. In the event of such rejection, the Director of Purchasing shall notify all affected bidders/proposers and make available a written explanation for the rejection. The City also reserves the right to reject the response of any bidder/proposer who has previously failed to properly perform under the terms and conditions of a contract, to deliver on time contracts of a similar nature, and who is not in a position to perform the requirements defined in this formal solicitation. The City further reserves the right to waive any irregularities or minor informalities or technicalities in any or all responses and may, at its discretion, re -issue this formal solicitation. 1.4. ADDENDA — It: is the bidder's/proposer's responsibility to ensure receipt of all Addenda. Addenda are available at the City's website at; http://www.ci.miami.fl.us/procurement 1.5. ALTERNATE RESPONSES WILL NOT BE CONSIDERED. 1.6. ASSIGNMENT - Contractor agrees not to subcontract, assign, transfer, convey, sublet, or otherwise dispose of the resulting Contract, or any or all of its right, title or interest herein, without City of Miami's prior written consent. 1.7. ATTORNEY'S FEES - In connection with any litigation, mediation and arbitration arising out of this Contract, each party shall bear their own attorney's fees through and including appellate litigation and any post -judgment proceedings. 1.8. AUDIT RIGHT'S AND RECORDS RETENTION - The Successfiil Bidder/Proposer agrees to provide access at all reasonable times to the City, or to any of its duly authorized representatives, to any books, documents, papers, and records of Contractor which are directly pertinent to this formal solicitation, for the purpose of audit, examination, excerpts, and transcriptions, The Successful Bidder/Proposer shall maintain and retain any and all of Page 21 of 52 Page 403 of 555 Invitation for Bid (IFB) 516388 the books, documents, papers and records pertinent to the Contract for three (3) years after the City makes final payment and all other pending matters are closed. Contractor's failure to or refusal to comply with this condition shall result in the immediate cancellation of this contract by the City. 1.9. AVAILABILITY OF CONTRACT STATE-WIDE - Any Governmental, not-for-profit or quasi -governmental entity in the State of Florida, may avail itself of this contract and purchase any and all goods/services, specified herein from the successful bidder(s)/proposer(s) at the contract price(s) established herein, when permissible by federal, state, and local laws, rules, and regulations. Each Governmental, not-for-profit or quasi -governmental entity which uses this formal solicitation and resulting bid contract or agreement will establish its own contract/agreement, place its own orders, issue its own purchase orders, be invoiced there from and make its own payments, determine shipping terms and issue its own exemption certificates as required by the successful bidder(s)/proposer(s). 1.10. AWARD OF CONTRACT: A. The Formal Solicitation, Bidder's/Proposer's response, any addenda issued, and the purchase order shall constitute the entire contract, unless modified in accordance with any ensuing contract/agreement, amendment or addenda. B. The award of a contract where there are Tie Bids will be decided by the Director of Purchasing or designee in the instance that Tie Bids can't be determined by applying Florida Statute 287.087, Preference to Businesses with Drug -Free Workplace Programs. C. The award of this contract may be preconditioned on the subsequent submission of other documents as specified in the Special Conditions or Technical Specifications. Bidder/Proposer shall be in default of its contractual obligation if such documents are not submitted in a timely manner and in the form required by the City. Where Bidder/Proposer is in default of these contractual requirements, the City, through action taken by the Purchasing Department, will void its acceptance of the Bidder's/Proposer's Response and may accept the Response from the next lowest responsive, responsible Bidder or Proposal most advantageous to the City or re -solicit the City's requirements. The City, at its sole discretion, may seek monetary restitution from Bidder/Proposer and its bid/proposal bond or guaranty, if applicable, as a result of damages or increased costs sustained as a result of the Bidder's/Proposer's default. D. The term of the contract shall be specified in one of three documents which shall be issued to the successful Bidder/Proposer. These documents may either be a purchase order, notice of award and/or contract award sheet. E. The City reserves the right to automatically extend this contract for up to one hundred twenty (120) calendar days beyond the stated contract term in order to provide City departments with continual service and supplies while a new contract is being solicited, evaluated, and/or awarded. If the right is exercised, the City shall notify the Bidder/Proposer, in writing, of its intent to extend the contract at the same price, terms and conditions for a specific number of days. Additional extensions over the first one hundred twenty (120) day extension may occur, if, the City and the Successful Bidder/Proposer are in mutual agreement of such extensions. F. Where the contract involves a single shipment of goods to the City, the contract term shall conclude upon. completion of the expressed or implied warranty periods. G. The City reserves the right to award the contract on a split -order, lump sum or individual -item basis, or such combination as shall best serve the interests of the City unless otherwise specified. H. A Contract/Agreement may be awarded to the Bidder/Proposer by the City Commission based upon the minimum qualification requirements reflected herein. As a result of a RFP, RFQ, or RFLI, the City reserves the right to execute or not execute, as applicable, an Agreement with the Proposer, whichever is determined to be in the Page 22 of 52 Page 404 of 555 Invitation for Bid (IFB) 516388 City's best interests. Such agreement will be fiirnished by the City, will contain certain terms as are in the City's best interests, and will be subject to approval as to legal form by the City Attorney. 1.11. BID BOND/ BID SECURITY - A cashier's or certified check, or a Bid Bond signed by a recognized surety company that is licensed to do business in the State of Florida, payable to the City of Miami, for the amount bid is required from all bidders/proposers, if so indicated under the Special Conditions. This check or bond guarantees that a bidder/proposer will accept the order or contract/agreement, as bid/proposed, if it is awarded to bidder/proposer. Bidder/Proposer shall forfeit bid deposit to the City should City award contract/agreement to Bidder/Proposer and Bidder/Proposer fails to accept the award. The City reserves the right to reject any and all surety tendered to the City. Bid deposits are returned to unsuccessful bidders/proposers within ten (10) days after the award and successful bidder's/proposer's acceptance of award. If sixty (60) days have passed after the date of the formal solicitation closing date, and no contract has been awarded, all bid deposits will be returned on demand. 1.12. RESPONSE FORM (HARDCOPY FORMAT) All forms should be completed, signed and submitted accordingly. 1,13. BID SECURITY FORFEITED LIQUIDATED DAMAGES - Failure to execute an Agreement and/or file an acceptable Performance Bond, when required, as provided herein, shall be just cause for the annulment of the award and the forfeiture of the Bid Security to the City, which forfeiture shall be considered, not as a penalty, but in mitigation of damages sustained. Award may then be made to the next lowest responsive, responsible Bidder or Proposal most advantageous to the City or all responses may be rejected. 1.14. BRAND NAMES - If and wherever in the specifications brand names, makes, models, names of any manufacturers, trade names, or bidder/proposer catalog numbers are specified, it is for the purpose of establishing the type, function, minimum standard of design, efficiency, grade or quality of goods only. When the City does not wish to rule out other competitors' brands or makes, the phrase "OR EQUAL" is added. When bidding/proposing an approved equal, Bidders/Proposers will submit, with their response, complete sets of necessary data (factory information sheets, specifications, brochures, etc.) in order for the City to evaluate and determine the equality of the item(s) bid/proposed. The City shall be the sole judge of equality and its decision shall be final. Unless otherwise specified, evidence in the form of samples may be requested if the proposed brand is other than specified by the City. Such samples are to be fiirnished after formal solicitation opening/closing only upon request of the City. If samples should be requested, such samples must be received by the City no later than seven (7) calendar days after a formal request is made. 1.15. CANCELLATION - The City reserves the right to cancel all formal solicitations before its opening/closing. In the event of bid/proposal cancellation, the Director of Purchasing shall notify all prospective bidders/proposers and make available a written explanation for the cancellation. 1.16. CAPITAL EXPENDITURES - Contractor understands that any capital expenditures that the firm makes, or prepares to make, in order to deliver/perform the goods/services required by the City, is a business risk which the contractor must assume. The City will not be obligated to reimburse amortized or unamortized capital expenditures, or to maintain the approved status of any contractor. If contractor has been unable to recoup its capital expenditures during the time it is rendering such goods/services; it shall not have any claim upon the City. 1.17. CITY NOT LIABLE FOR DELAYS - It is fiirther expressly agreed that in no event shall the City be liable for, or responsible to, the Bidder/Proposer/Consultant, any sub-contractor/sub-consultant, or to any other person for, or on account of, any stoppages or delay in the work herein provided for by injunction or other legal or equitable proceedings or on account of any delay for any cause over which the City has no control. 1.18. COLLUSION —Bidder/Proposer, by submitting a response, certifies that its response is made without previous understanding, agreement or connection either with any person, firm or corporation submitting a response Page 23 of 52 Page 405 of 555 Invitation for Bid (IFB) 516388 for the same items/services or with the City of Miami's Purchasing Department or initiating department. The Bidder/Proposer certifies that its response is fair, without control, collusion, fraud or other illegal action. Bidder/Proposer certifies that it is in compliance with the Conflict of Interest and Code of Ethics Laws, The City will investigate all potential situations where collusion may have occurred and the City reserves the right to reject any and all bids/responses where collusion may have occurred. 1.19. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Contractor understands that contracts between private entities and local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, records keeping, etc. City and Contractor agree to comply with and observe all applicable laws, codes and ordinances as that may in any way affect the goods or equipment offered, including but not limited to: A. Executive Order 11246, which prohibits discrimination against any employee, applicant, or client because of race, creed, color, national origin, sex, or age with regard. to, but not limited to, the following: employment practices, rate of pay or other compensation methods, and training selection. B. Occupational, Safety and Health Act (OSHA), as applicable to this Formal Solicitation. C. The State of Florida Statutes, Section 287.133(3)(A) on Public Entity Crimes. D. Environment Protection Agency (EPA), as applicable to this Formal Solicitation. E. Uniform Commercial Code (Florida Statutes, Chapter 672). F. Americans with Disabilities Act of 1990; as amended. G. National Institute of Occupational Safety Hazards (NIOSH), as applicable to this Formal Solicitation. H. National Forest Products Association (NEPA), as applicable to this Formal Solicitation. I. City Procurement Ordinance City Code Section 18, Article III. J. Conflict of Interest, City Code Section 2-611;61. K. Cone of Silence, City Code Section 18-74. L. The Florida Statutes Sections 218.73 and 218.74 on Prompt Payment. Lack of knowledge by the bidder/proposer will in no way be a cause for relief from responsibility, Non-compliance with all local, state, and federal directives, orders, and laws may be considered grounds for termination of contract(s). Copies of the City Ordinances may be obtained from the City Cleric's Office. 1.20. CONE OF SILENCE - Pursuant to Section 18-74 of the City of Miami Code, a "Cone of Silence" is imposed upon each RFP, RFQ, RFLI, or IFB after advertisement and terminates at the time the City Manager issues a written recommendation to the Miami. City Commission. The Cone of Silence shall be applicable only to Contracts for the provision of goods and services and public works or improvements for amounts greater than $200;000. The Cone of Silence prohibits any communication regarding RFPs, RFQs, RFLI or IFBs (bids) between, among others: Potential vendors, service providers, bidders, lobbyists or consultants and the City's professional staff including, but not limited to, the City Manager and the City Manager's staff, the Mayor, City Commissioners, or their respective staffs and any member of the respective selection/evaluation committee. The provision does not apply to, among other communications: Page 24 of 52 Page 406 of 555 Invitation for Bid (IFB) 516388 oral communications with the City purchasing staff, provided the communication is limited strictly to matters of process or procedure already contained in the formal solicitation document; the provisions of the Cone of Silence do not apply to oral communications at duly noticed site visits/inspections, pre -proposal or pre-bid conferences, oral presentations before selection/evaluation committees, contract negotiations during any duly noticed public meeting, or public presentations made to the Miami City Commission during a duly noticed public meeting, or communications in writing or by email at any time with any City employee, official or member of the City Commission unless specifically prohibited by the applicable RFP, RFQ, RFLI or IFB (bid) documents (See Section 2.2, of the Special Conditions); or communications in connection with the collection of industry comments or the performance of market research regarding a particular RFP, RFQ, RFLI OR IFB by City Purchasing staff. Proposers or bidders must file a copy of any written communications with the Office of the City Clerk, which shall be made available to any person upon request. The City shall respond in writing and file a copy with the Office of the City Clerk, which shall be made available to any person upon request. Written communications may be in the form of e-mail, with a copy to the Office of the City Cleric. In addition to any other penalties provided by law, violation of the Cone of Silence by any proposer or bidder shall render any award voidable. A violation by a particular Bidder, Proposer, Offeror, Respondent, lobbyist or consultant shall subject same to potential penalties pursuant to the City Code. Any person having personal knowledge of a violation of these provisions shall report such violation to the State Attorney and/or may file a complaint with the Ethics Commission. Proposers or bidders should reference Section 18-74 of the City of Miami Code for fiirther clarification. This language is only a summary of the key provisions of the Cone of Silence. Please review City of Miami Code Section 18-74 for a complete and thorough description of the Cone of Silence. You may contact the City Cleric at 305-250-5360, to obtain a copy of same. 1.21. CONFIDENTIALITY - As a political subdivision, the City of Miami is subject to the Florida Sunshine Act and Public Records Law. If this Contract/Agreement contains a confidentiality provision, it shall have no application when disclosure is required by Florida law or upon court order, 1.22. CONFLICT OF INTEREST — Bidders/Proposers, by responding to this Formai Solicitation, certify that to the best of their knowledge or belief, no elected/appointed official or employee of the City of Miami is financially interested, directly or indirectly, in the purchase of goods/services specified in this Formal Solicitation. Any such interests on the part of the Bidder/Proposer or its employees must be disclosed in writing to the City, Further, you must disclose the name of any City employee who owns, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in your firm. A. Bidder/Proposer further agrees not to use or attempt to use any knowledge, property or resource which may be within his/her/its trust, or perform his/her/its duties, to secure a special privilege, benefit, or exemption for himself/herself/itself, or others. Bidder/Proposer may not disclose or use information not available to members of the general public and gained by reason of his/her/its position, except for information relating exclusively to governmental practices, for his/her/its personal gain or benefit or for the personal gain or benefit of any other person or business entity. B. Bidder/Proposer hereby acknowledges that he/she/it has not contracted or transacted any business with the City or any person or agency acting for the City, and has not appeared in representation of any third party before any board, commission or agency of the City within the past two years. Bidder/Proposer fiirther warrants that he/she/it is not related, specifically the spouse, son, daughter, parent, brother or sister, to: (i) any member of the commission; (ii) the mayor; (iii) any city employee; or (iv) any member of any board or agency of the City. C. A violation of this section may subject the Bidder/Proposer to immediate termination of any professional services agreement with the City, imposition of the maximum fine and/or any penalties allowed by law. Page 25 of 52 Page 407 of 555 Invitation for Bid (IFB) 516388 Additionally, violations may be considered by and subject to action by the Miami -Dade County Commission on Ethics. 1.23. COPYRIGHT OR PATENT RIGHTS — Bidders/Proposers warrant that there has been no violation of copyright or patent rights in manufacturing, producing, or selling the goods shipped or ordered and/or services provided as a result of this formal solicitation, and bidders/proposers agree to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 1.24. COST INCURRED BY BIDDER/PROPOSER - All expenses involved with the preparation and submission of Responses to the City, or any work performed in connection therewith shall be borne by the Bi dder(s)/Proposer(s). 1.25, DEBARMENT AND SUSPENSIONS (See 18-107) (a) Authority and requirement to debar and suspend, After reasonable notice to an actual or prospective Contractual Party, and after reasonable opportunity for such party to be heard, the City Manager, after consultation with the Chief Procurement Officer and the city attorney, shall have the authority to debar a Contractual Party, for the causes listed below, from consideration for award of city Contracts. The debarment shall be for a period of not fewer than three years. The City Manager shall also have the authority to suspend a Contractual Party from consideration for award of city Contracts if there is probable cause for debarment, pending the debarment determination. The authority to debar and suspend contractors shall be exercised in accordance with regulations which shall be issued by the Chief Procurement Officer after approval by the City Manager, the city attorney, and the City Commission. (b) Causes for debarment or suspension. Causes for debarment or suspension. include the following: (1) Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a public or private Contract or subcontract, or incident to the performance of such Contract or subcontract. (2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty. (3) Conviction under state or federal antitrust statutes arising out of the submission of Bids or Proposals. (4) Violation of Contract provisions, which is regarded by the Chief Procurement Officer to be indicative of nonresponsibility. Such violation may include failure without good cause to perform in accordance with the terms and conditions of a Contract or to perform within the time limits provided in a Contract, provided that failure to perform caused by acts beyond the control of a party shall not be considered a basis for debarment or suspension. (5) Debarment or suspension of the Contractual Party by any federal, state or other governmental entity. (6) False certification pursuant to paragraph (c) below. (7) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which the violation remains noncompliant, (8) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which a civil penalty or fine is due and owing to the city. (9) Any other cause judged by the City Manager to be so serious and compelling as to affect the Page 26 of 52 Page 408 of 555 Invitation for Bid (IFB) 516388 responsibility of the Contractual Party performing city Contracts. (c) Certification. All Contracts for goods and services, sales, and leases by the city shall contain a certification that neither the Contractual Party nor any of its principal owners or personnel have been convicted of any of the violations set forth above or debarred or suspended as set forth in paragraph (b)(5). (d) Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall render a written decision stating the reasons for the debarment or suspension. A copy of the decision shall be provided promptly to the Contractual Party, along with a notice of said party's right to seek judicial relief. 1.26. DEBARRED/SUSPENDED VENDORS —An entity or affiliate who has been placed on the State of Florida debarred or suspended vendor list may not submit a response on a contract to provide goods or services to a public entity, may not submit a response on a contract with a public entity for the construction or repair of a public building or public work, may not submit response on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. 1.27. DEFAULT/FAILURE TO PERFORM - The City shall be the sole judge of nonperformance, which shall include any failure on the part of the successful Bidder/Proposer to accept the award, to furnish required documents, and/or to fulfill any portion of this contract within the time stipulated. Upon default by the successful Bidder/Proposer to meet any terms of this agreement, the City will notify the Bidder/Proposer of the default and will provide the contractor three (3) days (weekends and holidays excluded) to remedy the default. Failure on the contractor's part to correct the default within the required three (3) days shall result in the Contract being terminated and upon the City notifying in writing the contractor of its intentions and the effective date of the termination. The following shall constitute default; A. Failure to perform the work or deliver the goods/services required under the Contract and/or within the time required or failing to use the subcontractors, entities and personnel as identified and set forth, and to the degree specified in the Contract. B. Failure to begin the work under this Contract within the time specified, C. Failure to perform the work with sufficient workers and equipment or with sufficient materials to ensure timely completion. D. Neglecting or refusing to remove materials or perform new work where prior work has been rejected as nonconforming with the terms of the Contract. E. Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or insolvency, or making an assignment for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the successful Bidder/Proposer incapable of performing the work in accordance with and as required by the Contract. F. Failure to comply with any of the terms of the Contract in any material respect. All costs and charges incurred by the City as a result of a default or a default incurred beyond the time limits stated, together with the cost of completing the work, shall be deducted from any monies due or which may become due on this Contract. 1.28. DETERMINATION OF RESPONSIVENESS - Each Response will be reviewed to determine if it is responsive to the submission requirements outlined in the Formal Solicitation. A "responsive response is one which follows the requirements of the formal solicitation, includes all documentation, is submitted in the format outlined in the formal solicitation, is of timely submission, and has appropriate signatures as required on each document. Failure Page 27 of 52 Page 409 of 555 Invitation for Bid (IFB) 516388 to comply with these requirements may deem a Response non-responsive. 1.29. DISCOUNTS OFFERED DURING TERM OF CONTRACT - Discount Prices offered in the response shall be fixed after the award by the Commission, unless otherwise specified in the Special Terms and Conditions. Price discounts off the original prices quoted in the response will be accepted from successfi►1 Bidder(s)/Proposer(s) during the term of the contract. Such discounts shall remain in effect for a minimum of 120 days from approval by the City Commission Any discounts offered by a manufacturer to Bidder/Proposer will be passed on to the City. 1.30. DISCREPANCIES, ERRORS, AND OMISSIONS - Any discrepancies, errors, or ambiguities in the Formal Solicitation or addenda (if any) should be reported in writing to the City's Purchasing Department. Should it be found necessary, a written addendum will be incorporated in the Formal Solicitation and will become part of the purchase agreement (contract documents). The City will not be responsible for any oral instructions, clarifications, or other communications. A. Order of Precedence — Any inconsistency in this formal solicitation shall be resolved by giving precedence to the following documents, the first of such list being the governing documents. 1) Addenda (as applicable) 2) Specifications 3) Special Conditions. 4) General Terms and Conditions 1.31. EMERGENCY / DISASTER PERFORMANCE - In the event of a hurricane or other emergency or disaster situation, the successful vendor shall provide the City with the commodities/services defined within the scope of this formal solicitation at the price contained within vendor's response. Further, successful vendor shall deliver/perform for the city on a priority basis during such times of emergency. 1.32. ENTIRE BID CONTRACT OR AGREEMENT - The Bid Contract or Agreement consists of this City of Miami Formal Solicitation and specifically this General Conditions Section, Contractor's Response and any written agreement entered into by the City of Miami and Contractor in involving RFPs, RFQs, and RFLIs, and represents the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes all other negotiations, understanding and representations, if any, made by and between the parties. To the extent that the agreement conflicts with, modifies, alters or changes any of the terms and conditions contained in the Formal Solicitation and/or Response, the Formal Solicitation and then the Response shall control. This Contract may be modified only by a written agreement signed by the City of Miami and Contractor. 1.33. ESTIMATED QUANTITIES —Estimated quantities or estimated dollars are provided for your guidance only. No guarantee is expressed or implied as to quantities that will be purchased during the contract period. The City is not obligated to place an order for any given amount subsequent to the award of this contract. Said estimates may be used by the City for purposes of determining the low bidder or most advantageous proposer meeting specifications. The City reserves the right to acquire additional quantities at the prices bid/proposed or at lower prices in this Formal Solicitation. 1.34. EVALUATION OF RESPONSES A.Rejection of Responses The City may reject a Response for any of the following reasons: 1) Bidder/Proposer fails to acknowledge receipt of addenda; 2) Bidder/Proposer mistates or conceals any material fact in the Response ; Page 28 of 52 Page 410 of 555 Invitation for Bid (IFB) 516388 3) Response does not conform to the requirements of the Formal Solicitation; 4) Response requires a conditional award that conflicts with the method of award; 5) Response does not include required samples, certificates, licenses as required; and, 6) Response was not executed by the Bidder's/Proposer(s) authorized agent. The foregoing is not an all inclusive list of reasons for which a Response may be rejected. The City may reject and re -advertise for all or any part of the Formal Solicitation whenever it is deemed in the best interest of the City. B. Elimination From Consideration 1) A contract shall not be awarded to any person or firm which is in arrears to the City upon any debt or contract, or which is a defaulter as surety or otherwise upon any obligation to the City. 2) A contract may not be awarded to any person or firm which has failed to perform under the terms and conditions of any previous contract with the City or deliver on time contracts of a similar nature. 3) A contract may not be awarded to any person or firm which has been debarred by the City in accordance with the City's Debarment and Suspension Ordinance, C. Determination of Responsibility 1) Responses will only be considered from entities who are regularly engaged in the business of providing the goods/equipment/services required by the Formal Solicitation. Bidder/Proposer must be able to demonstrate a satisfactory record of performance and integrity; and, have sufficient financial, material, equipment, facility, personnel resources, and expertise to meet all contractual requirements. The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well established entity in line with the best industry practices in the industry as determined by the City. 2) The City may consider any evidence available regarding the financial, technical and other qualifications and abilities of a Bidder/Proposer, including past performance (experience) with the City or any other governmental entity in making the award. 3) The City may require the Bidder(s)/Proposer(s) to show proof that they have been designated as an authorized representative of a manufacturer or supplier which is the actual source of supply, if required by the Formal Solicitation, 1,35. EXCEPTIONS TO GENERAL AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS - Exceptions to the specifications shall be listed on. the Response and shall reference the section. Any exceptions to the General or Special Conditions shall be cause for the bid (IFB) to be considered non-responsive. It also may be cause for a RFP, RFQ, or RFLI to be considered non-responsive; and, if exceptions are taken to the terms and conditions of the resulting agreement it may lead to terminating negotiations. 1.36. F.O.B. DESTINATION - Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the bidder/proposer must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the bid/proposal price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of bid/proposal. 1.37. FIRM PRICES The bidder/proposer warrants that prices, terms, and conditions quoted in its response will be firm throughout the duration of the contract unless otherwise specified in the Formal Solicitation. Such prices will remain firm for the period of performance or resulting purchase orders or contracts, which are to be performed or supplied over a period of time. 1.38. FLORIDA MINIMUM WAGE - The Constitution of the State of Florida, Article X, Section 24, states that Page 29 of 52 Page 411 of 555 Invitation for Bid (IFB) 516388 employers shall pay employee wages no less than the minimum wage for all hours worked in Florida. Accordingly, it is the contractor's and its' subcontractor(s) responsibility to understand and comply with this Florida constitutional minimum wage requirement and pay its employees the current established hourly minimum wage rate, which is subject to change or adjusted by the rate of inflation using the consumer price index for urban wage earners and clerical workers, CPI -W, or a successor index as calculated by the United States Department of Labor. Each adjusted minimum wage rate calculated shall be determined and published by the Agency Workforce Innovation on September 30th of each year and take effect on the following January 1st. At the time of responding, it is bidder/proposer and his/her subcontractor(s), if applicable, full responsibility to determine whether any of its employees may be impacted by this Florida Law at any given point in time during the term of the contract. If impacted, bidder/proposer must furnish employee name(s), job title(s), job description(s), and current pay rate(s). Failure to submit this information at the time of submitting a response constitute successfiil bidder's/proposer's acknowledgement and understanding that the Florida Minimum Wage Law will not impact its prices throughout the term of contract and waiver of any contractual price increase request(s). The City reserves the right to request and successful bidder/proposer must provide for any and all information to make a wage and contractual price increase(s) determination. 1.39. GOVERNING LAW AND VENUE -The validity and effect of this Contract shall be governed by the laws of the State of Florida. The parties agree that any action, mediation or arbitration arising out of this Contract shall take place in Miami -Dade County, Florida. 1.40. HEADINGS AND TERMS - The headings to the various paragraphs of this Contract have been inserted for convenient: reference only and shall not in any manner be construed as modifying, amending or affecting in any way the expressed terms and provisions hereof. 1.41. HEALTH INSURANCE PORTABILI'TY AND ACCOUNTABILITY ACT (HIPPA) - Any person or entity that performs or assists the City of Miami with a function or activity involving the use or disclosure of "individually identifiable health information (IIHI) and/or Protected Health Information (PHI) shall comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the City of Miami Privacy Standards. HIPAA mandates for privacy, security and electronic transfer standards, which include but are not limited to: A. Use of information only for performing services required by the contract or as required by law; B. Use of appropriate safeguards to prevent non -permitted disclosures; C. Reporting to the City of Miami of any non -permitted use or disclosure; D. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the Bidder/Proposer and reasonable assurances that IIHI/PHI will be held confidential; E. Making Protected Health Information. (PHI) available to the customer; F. Making PHI available to the customer for review and amendment; and incorporating any amendments requested by the customer; G. Making PHI available to the City of Miami for an accounting of disclosures; and H. Malting internal practices, books and records related to PHI available to the City of Miami for compliance audits. PHI shall maintain its protected status regardless of the form and method of transmission (paper records, and/or electronic transfer of data). The Bidder/ Proposer must give its customers written notice of its privacy information practices including specifically, a description of the types of uses and disclosures that would be made with protected health information. 1.42 INDEMNIFICATION - Contractor shall indemnify, hold harmless and defend the City, its officials, officers, Page 30 of 52 Page 412 of 555 Invitation for Bid (IFB) 516388 agents, directors, 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 Contractor and persons employed or utilized by Contractor in the performance of this Contract and will indemnify, hold harmless and defend the City, its officials, officers, agents, directors and employees against, any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted work, even if it is alleged that the City, its officials and/or employees were negligent. These indemnifications shall survive the term of this Contract. In the event that any action or proceeding is brought against City by reason of any such claim or demand, Contractor shall, upon written notice from City, resist and defend such action or proceeding by counsel satisfactory to City. The Contractor expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate Contractor to defend at its own expense to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against City whether performed by Contractor, or persons employed or utilized by Contractor. This indemnity will survive the cancellation or expiration of the Contract. This indemnity will be interpreted under the laws of the State of Florida, including without limitation and which conforms to the limitations of §725.06 and/or §725.08, Fla. Statues, as amended from time to time as applicable. Contractor shall require all Sub -Contractor agreements to include a provision that they will indemnify the City. The Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from. any actions or omissions of the Contractor in which the City participated either through review or concurrence of the Contractor's actions. In reviewing, approving or rejecting any submissions by the Contractor or other acts of the Contractor, the City in no way assumes or shares any responsibility or liability of the Contractor or Sub -Contractor, under this Agreement. 1.43. FORMATION AND DESCRIPTIVE LITERATURE—Bidders/Proposer must fLunish all information requested in the spaces provided in the Formal Solicitation. Further, as may be specified elsewhere, each Bidder/Proposer must submit for evaluation, cuts, sketches, descriptive literature, technical specifications, and Material. Safety Data Sheets (MSDS)as required, covering the products offered. Reference to literature submitted with a previous response or on file with the Buyer will not satisfy this provision. 1.44. INSPECTIONS - The City may, at reasonable times during the term hereof, inspect Contractor's facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods and/or services required to be provided by the Contractor under this Contract conform to the terms and conditions of the Formal Solicitation. Contractor shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All tests and inspections shall be subject to, and made in accordance with, the provisions of the City of Miami Ordinance No. 12271 (Section 18-79), as same may be amended or supplemented from time to time. 1.45. INSPECTION OF RESPONSE - Responses received by the City pursuant to a Formal Solicitation will not be made available until such time as the City provides notice of a decision or intended decision or within 30 days after bid closing, whichever is earlier. Bid/Proposal results will be tabulated and may be Tarnished upon request via fax or e-mail to the Sr. Procurement Specialist issuing the Solicitation. Tabulations also are available on the City's Web Site following recommendation for award. 1.46. INSURANCE - Within ten (10) days after receipt of Notice of Award, the successful Contractor, shall fiirnish Evidence of Insurance to the Purchasing Department, if applicable. Submitted evidence of coverage shall demonstrate strict compliance to all requirements listed on the Special Conditions entitled"Insurance Page 31 of 52 Page 413 of 555 Invitation for Bid (IFB) 516388 Requirements". The City shall be listed as an "Additional Insured. Issuance of a Purchase Order is contingent upon the receipt of proper insurance documents. If the insurance certificate is received within the specified time frame but not in the manner prescribed in this Solicitation the Contractor shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the City. If the Contractor fails to submit the required insurance documents in the manner prescribed in this Solicitation within fifteen (15) calendar days after receipt Notice of Award, the contractor shall be in default of the contractual terms and conditions and shall not be awarded the contract. Under such circumstances, the Bidder/Proposer may be prohibited from submitting fiiture responses to the City. Information regarding any insurance requirements shall be directed to the Risk Administrator, Department of Risk Management, at 444 SW 2nd Avenue, 9th Floor, Miami, Florida 33130, 305-416-1604. 'The Bidder/Proposer shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in effect for the duration of the contractual period; including any and all option terms that may be granted to the Bidder/Proposer. 1.47. INVOICES - Invoices shall contain purchase order number and details of goods and/or services delivered (i.e. quantity, unit price, extended price, etc); and in compliance with Chapter 218 of the Florida Statutes (Prompt Payment Act). 1.48. LOCAL PREFERENCE A. City Code Section 18-85, states, "when a responsive, responsible non -local bidder submits the lowest bid price, and the bid submitted by one or more responsive, responsible local bidders who maintain a local office, as defined in Section 18-73, is within fifteen percent (15%) of the price submitted by the non -local bidder, then that non -local bidder and each of the aforementioned responsive, responsible local bidders shall have the opportunity to submit a best and final bid equal to or lower than the amount of the low bid previously submitted by the non -local bidder. Contract award shall be made to the lowest responsive, responsible bidder submitting the lowest best and final bid. In the case of a tie in the best and final bid between a local bidder and a non -local bidder, contract award shall be made to the local bidder." B. City Code Section 18-86, states, "the RFP, RFLI or RFQ, as applicable, may, in the exercise of the reasonable professional discretion of the City Manager, director of the using agency, and the Chief Procurement Officer, include a five (5%) percent evaluation criterion in favor of proposers who maintain a local office, as defined in Section 18-73. In such cases, this five (5%) percent evaluation criterion in favor of proposers who maintain a local office will be specifically defined in the RFP, RFLI or RFQ, as applicable; otherwise, it will not apply. 1.49. MANUFACTURER'S CERTIFICATION - The City reserves the right to request from bidders/proposers a separate Manufacturer's Certification of all statements made in the bid/proposal. Fail -Lire to provide such certification may result in the rejection of bid/proposal or termination of contract/agreement, for which the bidder/proposer must bear full liability, 1.50. MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS No contract or understanding to modify this Formal Solicitation and resultant purchase orders or contracts, if applicable, shall be binding upon the City unless made in writing by the Director of Purchasing of the City of Miami, Florida through the issuance of a change order, addendum, amendment, or supplement to the contract, purchase order or award sheet as appropriate. 1.51. NO PARTNERSHIP OR JOINT VENTURE - Nothing contained in thisContractwill be deemed or construed to create a partnership or joint venture between the City of Miami and Contractor, or to create any other similar relationship between the parties. Page 32 of 52 Page 414 of 555 Invitation for Bid (IFB) 516388 1.52. NONCONFORMANCE TO CONTRACT CONDITIONS - Items may be tested for compliance with specifications under the direction of the Florida Department of Agriculture and Consumer Services or by other appropriate testing Laboratories as determined by the City. The data derived from any test for compliance with specifications is public record and open to examination thereto in accordance with Chapter 119, Florida Statutes. Items delivered not conforming to specifications may be rejected and returned at Bidder's/Proposer's expense. These non -conforming items not delivered as per delivery date in the response and/or Purchase Order may result in bidder/proposer being found in default in which event any and all re -procurement costs may be charged against the defaulted contractor. Any violation of these stipulations may also result in the supplier's name being removed from the City of Miami's Supplier's list. 1.53. NONDISCRIMINATION —Bidder/Proposer agrees that it shall not discriminate as to race, sex, color, age, religion, national origin, marital status, or disability in connection with its performance under this formal solicitation. Furthermore, Bidder/Proposer agrees that no otherwise qualified individual shall solely by reason of his/her race, sex, color, age, religion, national origin, marital status or disability be excluded from the participation in, be denied benefits of, or be subjected to, discrimination under any program or activity. In connection with the conduct of its business, including performance of services and employment of personnel, Bidder/Proposer shall not discriminate against any person on the basis of race, color, religion, disability, age, sex, marital status or national origin. All persons having appropriate qualifications shall be afforded equal opportunity for employment. 1.54. NON-EXCLUSIVE CONTRACT/ PIGGYBACK PROVISION - At such times as may serve its best interest, the City of Miami reserves the right to advertise for, receive, and award additional contracts for these herein goods and/or services, and to make use of other competitively bid (governmental) contracts, agreements, or other similar sources for the purchase of these goods and/or services as may be available. It is hereby agreed and understood that this formal solicitation does not constitute the exclusive rights of the successful bidder(s)/proposer(s) to receive all orders that may be generated by the City in conjunction with this Formal Solicitation. In addition, any and all commodities, equipment, and services required by the City in conjunction with construction projects are solicited under a distinctly different solicitation process and shall not be purchased under the terms, conditions and awards rendered under this solicitation, unless such purchases are determined to be in the best interest of the City. 1.55. OCCUPATIONAL LICENSE - Any person, firm, corporation or joint venture, with a business location in the City of Miami and is submitting a Response under this Formal Solicitation shall meet the City's Occupational License Tax requirements in accordance with Chapter 31.1, Article I of the City of Miami Charter. Others with a location outside the City of Miami shall meet their local Occupational License Tax requirements, A copy of the license must be submitted with the response; however, the City may at its sole option and in its best interest allow the Bidder/Proposer to supply the license to the City during the evaluation period, but prior to award. 1.56. ONE PROPOSAL - Only one (1) Response from an individual, firm, partnership, corporation or joint venture will be considered in response to this Formal Solicitation. 1.57. OWNERSHIP OF DOCUMENTS - It is understood by and between the parties that any documents, records, files, or any other matter whatsoever which is given by the City to the successfitl Bidder/Proposer pursuant to this formal solicitation shall at all times remain the property of the City and shall not be used by the Bidder/Proposer for any other purposes whatsoever without the written consent of the City. 1.58. PARTIAL INVALIDITY - If any provision of this Contract or the application thereof to any person or Page 33 of 52 Page 415 of 555 Invitation for Bid (IFB) 516388 circumstance shall to any extent be held invalid, then the remainder of this Contract or the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby, and each provision of this Contract shall be valid and enforced to the ftillest extent permitted by law, 1.59. PERFORMANCE/PAYMENT BOND —A Contractor may be required to ftirnish a Performance/Payment Bond as part of the requirements of this Contract, in an amount equal to one hundred percent (100%) of the contract price. 1.60. PREPARATION OF RESPONSES (HARDCOPY FORMAT)—Bidders/Proposers are expected to examine the specifications, required delivery, drawings, and all special and general conditions. All bid/proposed amounts, if required, shall be either typewritten or entered into the space provided with ink. Failure to do so will be at the Bidder's/Proposer's risk. A. Each Bidder/Proposer shall ftirnish the information required in the Formal Solicitation. The Bidder/Proposer shall sign the Response and print in ink or type the name of the Bidder/Proposer, address, and telephone number on the face page and on each continuation sheet thereof on which he/she makes an entry, as required. B. If so required, the unit price for each unit offered shall be shown, and such price shall include packaging, handling and shipping, and F.O.B, Miami delivery inside City premises unless otherwise specified. Bidder/Proposer shall include in the response all taxes, insurance, social security, workmen's compensation, and any other benefits normally paid by the Bidder/Proposer to its employees. If applicable, a unit price shall be entered in the "Unit Price" column for each item. Based upon estimated quantity, an extended price shall be entered in the "Extended Price" column for each item offered. In case of a discrepancy between the unit price and extended price, the unit price will be presumed correct. C. The Bidder/Proposer must state a definite time, if required, in calendar days for delivery of goods and/or services. D. The Bidder/Proposer should retain a copy of all response documents for fitture reference. E. All responses, as described, must be fully completed and typed or printed in ink and must be signed in ink with the firm's name and by an officer or employee having authority to bind the company or firm by his/her signature. Bids/Proposals having any erasures or corrections must be initialed in ink, by person signing the response or the response may be rejected. F. Responses are to remain valid for at least 180 days. Upon award of a contract, the content of the Successful Bidder's/Proposer's response may be included as part of the contract, at the City's discretion. G. The City of Miami's Response Forms shall be used when Bidder/Proposer is submitting its response in hardcopy format. Use of any other forms will result in the rejection of the response. IF SUBMITTING HARDCOPY FORMAT, THE ORIGINAL AND THREE (3) COPIES OF THESE SETS OF FORMS, UNLESS OTHERWISE SPECIFIED, AND ANY REQUIRED ATTACHMENTS MUST BE RETURNED TO THE CITY OR YOUR RESPONSE MAY BE DEEMED NON-RESPONSIVE. 1.61. PRICE ADJUSTMENTS — Any price decrease effectuated during the contract period either by reason of market change or on the part of the contractor to other customers shall be passed on to the City of Miami. 1.62. PRODUCT SUBSTITUTES - In the event a particular awarded and approved manufacturer's product becomes unavailable during the term of the Contract, the Contractor awarded that item may arrange with the City's authorized representative(s) to supply a substitute product at the awarded price or lower, provided that a sample is approved in advance of delivery and that the new product meets or exceeds all quality requirements. Page 34 of 52 Page 416 of 555 Invitation for Bid (IFB) 516388 1.63. CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS - Contractor represents and warrants to the City that it has not employed or retained any person or company employed by the City to solicit or secure this Contract and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Contract, 1.64. PROMPT PAYMENT Bidders/Proposers may offer a cash discount for prompt payment; however, discounts shall not be considered in determining the lowest net cost for response evaluation purposes. Bidders/Proposers are required to provide their prompt payment terms in the space provided on the Formal Solicitation. If no prompt payment discount is being offered, the Bidder/Proposer must enter zero (0) for the percentage discount to indicate no discount. If the Bidder/Proposer fails to enter a percentage, it is understood and agreed that the terms shall be 2% 20 days, effective after receipt of invoice or final acceptance by the City, whichever is later. When the City is entitled to a cash discount, the period of computation will commence on the date of delivery, or receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is necessary due to damage, the cash discount period shall commence on the date final approval for payment is authorized. If a discount is part of the contract, but the invoice does not reflect the existence of a cash discount, the City is entitled to a cash discount with the period commencing on the date it is determined by the City that a cash discount applies. Price discounts off the original prices quoted on the Price Sheet will be accepted from successful bidders/proposers during the term of the contract. 1.65. PROPERTY - Property owned by the City of Miami is the responsibility of the City of Miami. Such property furnished to a Contractor for repair, modification, study, etc., shall remain the property of the City of Miami. Damages to such property occurring while in the possession of the Contractor shall be the responsibility of the Contractor. Damages occurring to such property while in route to the City of Miami shall be the responsibility of the Contractor. In the event that such property is destroyed or declared a total loss, the Contractor shall be responsible for replacement value of the property at the current market value, less depreciation of the property, if any. 1.66. PROVISIONS BINDING - Except as otherwise expressly provided in the resulting Contract, all covenants, conditions and provisions of the resulting Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. 1.67. PUBLIC ENTITY CRIMES - 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 response on a contract to provide any goods or services to a public entity, may not submit a response on a contract with a public entity for the construction or repair of a public building or public work, may not submit responses on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 1.68. PUBLIC RECORDS - Contractor understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City contracts, subject to the provisions of Chapter 119, Florida Statutes, and City of Miami Code, Section 18, Article III, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable law. Contractor shall additionally comply with the provisions of Section.1.19.0701, Florida Statutes, entitled "Contracts; public records". Contractor's failure or refasal to comply with the provision of this section shall result in the immediate cancellation of this Contract by the City. Page 35 of 52 Page 417 of 555 Invitation for Bid (IFB) 516388 1.69. QUALITY OF GOODS, MATERIALS, SUPPLIES, PRODUCTS, AND EQUIPMENT - All materials used in the manufacturing or construction of supplies, materials, or equipment covered by this solicitation shall be new. The items bid/proposed must be of the latest make or model, of the best quality, and of the highest grade of workmanship, unless as otherwise specified in this Solicitation. 1.70. QUALITY OF WORD/SERVICES - The work/services performed must be of the highest quality and workmanship. Materials fiirnished to complete the service shall be new and of the highest quality except as otherwise specified in this Solicitation. 1.71. REMEDIES PRIOR TO AWARD (Sec. 18-106) - If prior to Contract award it is determined that a formal solicitation or proposed award is in violation of law, then the solicitation or proposed award shall be cancelled by the City Commission, the City Manager or the Chief Procurement Officer, as may be applicable, or revised to comply with the law. 1.72. RESOLUTION OF CONTRACT DISPUTES (Sec. 18-105) (a) Authority to resolve Contract disputes. The City Manager, after obtaining the approval of the city attorney, shall have the authority to resolve controversies between the Contractual Party and the city which arise under, or by virtue of, a Contract between them; provided that, in cases involving an amount greater than $25,000, the City Commission must approve the City Manager's decision. Such authority extends, without limitation, to controversies based upon breach of Contract, mistake, misrepresentation or lack of complete performance, and shall be invoked by a Contractual Party by submission of a protest to the City Manager. (b) Contract dispute decisions. If a dispute is not resolved by mutual consent, the City Manager shall promptly render a written report stating the reasons for the action taken by the City Commission or the City Manager which shall be final and conclusive. A copy of the decision shall be immediately provided to the protesting party, along with a notice of such party's right to seek judicial relief, provided that the protesting party shall not be entitled to such judicial relief without first having followed the procedure set forth in this section. 1.73. RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (Sec. 18-104) (a) Right to protest. The following procedures shall be used for resolution of protested solicitations and awards except for purchases of goods, supplies, equipment, and services, the estimated cost of which does not exceed $25,000. Protests thereon shall be governed by the Administrative Policies and Procedures of Purchasing. 1.Protest of Solicitation. i. Any prospective proposer who perceives itself aggrieved in connection with the solicitation of a Contract may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within three days after the Request for Proposals, Request for Qualifications or Request for Letters of Interest is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer; or ii. Any prospective bidder who intends to contest the Solicitation Specifications or a solicitation may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within three days after the solicitation is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer, 2. Protest of Award. i. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within two days after Page 36 of 52 Page 418 of 555 Invitation for Bid (IFB) 516388 receipt by the proposer of the notice of the City Manager's recommendation for award of Contract, which will be posted on the City of Miami Purchasing Department website, in the Supplier Corner, Current Solicitations and Notice of Recommendation of Award Section. The notice of the City Manager's recommendation can be found by selecting the details of the solicitation and is listed as Recommendation of Award Posting Date and Recommendation of Award To fields. If "various" is indicated in the Recommendation of Award To field, the Bidder/Proposer must contact the buyer for that solicitation to obtain the suppliers name, It shall be the responsibility of the Bidder/Proposer to check this section of the website daily after responses are submitted to receive the notice; or H. Any actual Responsive and Responsible Bidder whose Bid is lower than that of the recommended bidder may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within two days after receipt by the bidder of the notice of the city's determination of non responsiveness or non responsibility. The receipt by bidder of such notice shall be confirmed by the city by facsimile or electronic mail or U. S. mail, return receipt requested. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer. iii. A written protest based on any of the foregoing must be submitted to the Chief Procurement Officer within five (5) days after the date the notice of protest was filed, A written protest is considered filed when received by the Chief Procurement Officer. The written protest may not challenge the relative weight of the evaluation criteria or the formula for assigning points in making an award determination. The written protest: shall state with particularity the specific facts and law upon which the protest of the solicitation or the award is based, and shall include all pertinent documents and evidence and shall be accompanied by the required Filing Fee as provided in subsection (f). This shall form the basis for review of the written protest and no facts, grounds, documentation or evidence not contained in the protester's submission to the Chief Procurement Officer at the time of filing the protest shall be permitted in the consideration of the written protest. No time will be added to the above limits for service by mail. In computing any period of time prescribed or allowed by this section, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday in which event the period shall nin until the end of the next day which is neither a Saturday, Sunday or legal holiday. Intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of the time for filing. (b) Authority to resolve protests. The Chief Procurement Officer shall have the authority, subject to the approval of the City Manager and the city attorney, to settle and resolve any written protest. The Chief Procurement Officer shall obtain the requisite approvals and communicate said decision to the protesting party and shall submit said decision to the City Commission within 30 days after he/she receives the protest, In cases involving more than $25,000, the decision of the Chief Procurement Officer shall be submitted for approval or disapproval thereof to the City Commission after a favorable recommendation by the city attorney and the City Manager. (c) Compliance with filing requirements. Failure of a party to timely file either the notice of intent to file a protest or the written protest, together with the required Filing Fee as provided in subsection (f), with the Chief Procurement Officer within the time provided in subsection (a), above, shall constitute a forfeiture of such party's right to file a protest pursuant to this section. The protesting party shall not be entitled to seek judicial relief without first having followed the procedure set forth in this section (d) Stay of Procurements during protests. Upon receipt of a written protest filed pursuant to the requirements of this section, the city shall not proceed farther with the solicitation or with the award of the Contract until the protest is resolved by the Chief Procurement Officer or the City Commission as provided in subsection (b) above, unless the Page 37 of 52 Page 419 of 555 Invitation for Bid (IFB) 516388 City Manager makes a written determination that the solicitation process or the Contract award must be continued without delay in order to avoid an immediate and serious danger to the public health, safety or welfare. (e) Costs. All costs accruing from a protest shall be assumed by the protestor. (f) Filing Fee. The written protest must be accompanied by a filing fee in the form of a money order or cashier's check payable to the city in an amount equal to one percent of the amount of the Bid or proposed Contract, or $5000.00, whichever is less, which filing fee shall guarantee the payment of all costs which may be adjudged against the protestor in any administrative or court proceeding. If a protest is upheld by the Chief Procurement Officer and/or the City Commission, as applicable, the fling fee shall be refiinded to the protestor less any costs assessed under subsection (e) above. If the protest is denied, the filing fee shall be forfeited to the city in lieu of payment of costs for the administrative proceedings as prescribed by subsection (e) above. 1.74. SAMPLES - Samples of items, when required, must be submitted within the time specified at no expense to the City. If not destroyed by testing, bidder(s)/proposer(s) will be notified to remove samples, at their expense, within 30 days after notification. Failure to remove the samples will result in the samples becoming the property of the City. 1.75. SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES - Contractor shall not sell, assign, transfer or subcontract at any time during the term of the Contract, or any part of its operations, or assign any portion of the performance required by this contract, except under and by virtue of written permission granted by the City through the proper officials, which may be withheld or conditioned, in the City's sole discretion. 1.76. SERVICE AND WARRANTY —When specified, the bidder/proposer shall define all warranty, service and replacements that will be provided. Bidders/Proposer must explain on the Response to what extent warranty and service facilities are available. A copy of the manufacturer's warranty, if applicable, should be submitted with your response. 1.77. SILENCE OF SPECIFICATIONS - The apparent silence of these specifications and any supplemental specification as to any detail or the omission from it of detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct type, size and design are to be used. All workmanship and services is to be first quality. All interpretations of these specifications shall be made upon the basis of this statement. If your firm has a current contract with the State of Florida, Department of General Services, to supply the items on this solicitation, the bidder/proposer shall quote not more than the contract price; failure to comply with this request will result in disqualification of bid/proposal. 1.78. SUBMISSION AND RECEIPT OF RESPONSES Responses shall be submitted electronically via the Oracle System or responses may be submitted in hardcopy format to the City Clerk, City Hall, 3500 Pan American Drive, Miami, Florida 33133-5504, at or before, the specified closing date and time as designated in the IFB, RFP, RFQ, or R.FLI. NO EXCEPTIONS. Bidders/Proposers are welcome to attend the solicitation closing; however, no award will be made at that time. A. Hardcopy responses shall be enclosed in a sealed envelope, box package, The face of the envelope, box or package must show the hour and date specified for receipt of responses, the solicitation number and title, and the name and return address of the Bidder/Proposer. Hardcopy responses not submitted on the requisite Response Forms may be rejected. Hardcopy responses received at any other location than the specified shall be deemed non-responsive. Page 38 of 52 Page 420 of 555 Invitation for Bid (IFB) 516388 Directions to City Hall: FROM THE NORTH: I-95 SOUTH UNTIL IT TURNS INTO US 1. USI SOUTH TO 27TH AVE,, TURN LEFT, PROCEED SOUTH TO SO. BAYSHORE DR, (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PANAMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT. FROM THE SOUTH: USI NORTH TO 27TH AVENUE, TURN RIGHT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAIN AMERICAN DR. PARKING IS ON RIGHT. B. Facsimile responses will not be considered. C. Failure to follow these procedures is cause for rejection of bid/proposal. D. The responsibility for obtaining and submitting a response on or before the close date is solely and strictly the responsibility of Bidder/Proposer. The City of Miami is not responsible for delays caused by the United States mail delivery or caused by any other occurrence. Responses received after the solicitation closing date and time will be returned unopened, and will not be considered for award. E. Late responses will be rejected. F. All responses are subject to the conditions specified herein. Those which do not comply with these conditions are subject to rejection. G. Modification of responses already submitted will be considered only if received at the City before the time and date set for closing of solicitation responses. All modifications must be submitted via the Oracle System or in writing. Once a solicitation closes (closed date and/or time expires), the City will not consider any subsequent submission which alters the responses. H. If hardcopy responses are submitted at the same time for different solicitations, each response must be placed in a separate envelope, box, or package and each envelope, box or package must contain the information previously stated in 1.82.A. 1.79. 'TAKES n The City of Miami is exempt from any taxes imposed by the State and/or Federal Government. Exemption certificates will be provided upon request, Notwithstanding, Bidders/Proposers should be aware of the fact that all materials and supplies which are purchased by the Bidder/Proposer for the completion of the contract is subject to the Florida State Sales Tax in accordance with Section 212.08, Florida Statutes, as amended and all amendments thereto and shall be paid solely by the Bidder/Proposer. 1.80. TERMINATION —The City Manager on behalf of the City of Miami reserves the right to terminate this contract by written notice to the contractor effective the date specified in the notice should any of the following apply: A. The contractor is determined by the City to be in breach of any of the terms and conditions of the contract. B. The City has determined. that such termination will be in the best interest of the City to terminate the contract for its own convenience; C. Funds are not available to cover the cost of the goods and/or services. The City's obligation is contingent upon the availability of appropriate fitnds. 1,81. TERMS OF PAYMENT w Payment will be made by the City after the goods and/or services awarded to a Bidder/Proposer have been received, inspected, and found to comply with award specifications, free of damage or Page 39 of 52 Page 421 of 555 Invitation for Bid (IFB) 516388 defect, and properly invoiced. No advance payments of any kind will be made by the City of Miami. Payment shall be made after delivery, within 45 days of receipt of an invoice and authorized inspection and acceptance of the goods/services and pursuant to Section 218.74, Florida Statutes and other applicable law. 1.82. TIMELY DELIVERY - Time will be of the essence for any orders placed as.a result of this solicitation. The City reserves the right to cancel such orders, or any part thereof, without obligation, if delivery is not made within the time(s) specified on their Response. Deliveries are to be made during regular City business hours unless otherwise specified in the Special Conditions. 1.83. TITLE - Title to the goods or equipment shall not pass to the City until after the City has accepted the goods/equipment or used the goods, whichever comes first. 1.84.TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE- All Responses submitted to the City are subject to public disclosure pursuant to Chapter 119, Florida Statutes. An exception may be made for "trade secrets." If the Response contains information that constitutes a "trade secret", all material that qualifies for exemption from Chapter 119 must be submitted in a separate envelope, clearly identified as "TRADE SECRETS EXCEPTION," with your firm's name and the Solicitation number and title marked on the outside. Please be aware that the designation of an item as a trade secret by you may be challenged in court by any person. By your designation of material in your Response as a "trade secret" you agree to indemnify and hold harmless the City for any award to a plaintiff for damages, costs or attorney's fees and for costs and attorney's fees incurred by the City by reason of any legal action challenging your claim. 1.85. UNAUTHORIZED WORD OR DELIVERY OF GOODS- Neither the qualified Bidder(s)/Proposer(s) nor any of his/her employees shall perform any work or deliver any goods unless a change order or purchase order is issued and received by the Contractor. The qualified Bidder(s)/Proposer(s) shall not be paid for any work performed or goods delivered outside the scope of the contract or any work performed by an employee not otherwise previously authorized. 1.86. USE OF NAME - The City is not engaged in research for advertising, sales promotion, or other publicity purposes. No advertising, sales promotion or other publicity materials containing information obtained from this Solicitation are to be mentioned, or imply the name of the City, without prior express written permission of the City Manager or the City Commission. 1.87. VARIATIONS OF SPECIFICATIONS - For purposes of solicitation evaluation, bidders/proposers must indicate any variances from the solicitation specifications and/or conditions, no matter how slight. If variations are not stated on their Response, it will be assumed that the product fiilly complies with the City's specifications. Page 40 of 52 Page 422 of 555 Invitation for Bid (IFB) 516388 2. Special Conditions 2.1. PURPOSE The purpose of this Solicitation is to establish a contract, for City of Miami Municipal Vehicle Equipment - Citywide, as specified herein, from a source(s), fully compliant with the terms, conditions and stipulations of the solicitation. 2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION Any questions or clarifications concerning this solicitation shall be submitted by email or facsimile to the Procurement Department, Attn: Eduardo Falcon; fax: (305) 400-5390 or email: efalcon@miamigov.com, and a copy filed with the Office of the City Clerk, pursuant to Section 1.34. Cone of Silence. The solicitation title and number shall be referenced on all correspondence. All questions must be received no later than Tuesday, September 29, 2015 at 3:OOPM. All responses to questions will be sent to all prospective bidders/proposers in the form of an addendum. NO (QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 2.3. PRE-BID/PRE-PROPOSAL CONFERENCE None 2.4. TERM OF CONTRACT The Contract,shall commence upon the date of notice of award and shall be effective for two (2) years with the option to extend for three (3) additional one (1) year periods, subject to the availability of fiends for succeeding fiscal years. Continuation of the contract beyond the initial period is a City prerogative; not a right of the bidder. This prerogative will be exercised only when such continuation is clearly in the best interest of the City. 2.5. CONDITIONS FOR RENEWAL Each renewal of this Contract is subject to the following: (1) continued satisfactory performance compliance with the specifications, terms and conditions established herein and (2) availability of hinds. 2.6. NON -APPROPRIATION OF FUNDS In the event no fiinds or insufficient fiends are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this contract, then the City, upon written notice to Successful Bidder or their assignee of such occurrence, shall have the unqualified right to terminate the contract without any penalty or expense. No guarantee, warranty or representation is made that any particular project(s) will be awarded to any firm(s). Page 41 of 52 Page 423 of 555 Invitation for Bid (IFB) 516388 2.7. METHOD OF AWARD Award of this contract; will be made to the responsiveandresponsible bidder(s) who bid(s) on Lines Sections for Catalogs, Installations and Discounted Labor Rate. Bidder(s) must offer the highest discount off the Manufacturers Price Catalogs, Section 3.1.1., and the lowest Hourly Labor Rates for standard and packaged installations identified, Section 3.1.2. Bidders must submit percent discount bids on all catalogs that you desire to supply and install. Bidders who bid on the Installations, Section 3.1,2., must bid on the Catalogs, Section 3.1.1. as well as submit the time requirements and the Discounted Hourly Labor Rate for all installations shown, or your bid will be deemed non-responsive. If a catalog is offered by more than one vendor, the City will calculate the total cost of the discounted parts and total amount of hours required multiplied by the vendors discounted labor rate to determine the lowest price for that purchase. Bidders may provide an all inclusive price for items categorized as ADD-ON SERVICES Line Items categorized as ADD-ON SERVICES, will be issued to the vendor(s) performing other contracted work on the unit(s), and not be issued as stand alone work. 2.8. BIDDERS MINIMUM QUALIFICATIONS Bids will be considered only from firms that are regularly engaged in the business of providing goods and/or services as described in this Bid; that have a record of performance for a minimum period of three (3) years; and that have sufficient financial support, equipment and organization to insure that they can satisfactorily provide the goods and/or services if awarded a Contract under the terms and conditions herein stated. Bidder shall not have: (1) any member, officer, or stockholder that is in arrears or in default of any debt or contract involving the City, is a defaulter surety otherwise, upon any obligation to the City, and/or has failed to perform faithfiilly on any previous contract with the City or (2) any record of pending lawsuits or criminal activities or have ever been declared bankrupt. 2.9. FACILITY LOCATION The facility where work is to be performed must be within Miami -Dade or Broward. Counties. Bidder shall designate on the Header/Attributes Section, the address of service/equipment installation facility. 2.10. CATALOG DISCOUNTS Bids shall be submitted on the basis of a discount from selected manufacturer's published price list(s). Such published price list(s) must be common to, and accepted by, the industry in general, The lists must be printed, properly identified, and dated as to issuance and effectiveness. 2.11. FIXED AND FIRM PRICING All prices quoted annually for the originally submitted Catalogs are fixed and firm for each year of the contract period. Page 42 of 52 Page 424 of 555 Invitation for Bid (IFB) 516388 All prices quoted for the Installation Hourly Labor Rate are fixed and firm throughout the whole term of the contract, 2.12. HOURLY LABOR AND INSTALLATION PRICES The discounted hourly labor and installation prices provided in Specifications, Sections 3.1.1., Catalogs and 3.1.2., Installations, shall include fit11 compensation for all labor, equipment use, travel time and any other cost to the Bidder. This rate is established to be at straight time for all labor, except as otherwise noted. It is understood that any portion of an hour will be chareed at the nearest auarter hour period. ADD-ON SERVICES pricing are all-inclusive of all labor, parts and equipment. 2.13. DELIVERY / LIQUIDATED DAMAGES Bidder shall provide and/or install all items at the guaranteed delivery time specified by the City. If the Successful Bidder fails to deliver and install equipment within the specified delivery time, it is understood that $10.00 of the unit price per calendar day per item will be deducted, as liquidated damages, for each day beyond the specified delivery time (not to exceed the total amount of the contract), not as a penalty, but as a form of compensation for the loss of not having the ability to use the product. 2.14. FAILURE TO PERFORM Should it not be possible to reach the Successful Bidder(s) or authorized representative(s) and/or should remedial action not be taken within twenty-four (24) hours on any failure to perform according to Specifications (Section 3.0), the City reserves the right to declare Successful Bidder in default of the contract or make appropriate reductions in the contract payment or terminate the contract for cause. 2.15. AS OR EQUAL Manufacturer's name, brand name and/or style number when used in these specifications are for the sole purpose of establishing minimum requirements of levels of quality, standards of performance and design required. They are in no way intended to prohibit the bidding of other manufacturer's brands of equal material, quality, design and standards of performance, unless the wording NO SUBSTITUTION is used. Bids on bidder's equal will be considered provided the bidder specifies brand model, and the necessary descriptive literature. In the event the City elects to contract for an alternate purported to be an equal by the bidder, the acceptance of the item will be conditioned on the City's inspection and testing after receipt. If in the sole judgment of the City the item is determined not to be an equal, the material shall be returned at the Successful Bidder's expense. The City reserves the right to provide the Successful Bidder the opportunity to deliver a product of equal quality or terminate the contract in part or in whole and make award to the next lowest responsive, responsible bidder. 2.16. INSURANCE REQUIREMENTS INDEMNIFICATION Bidder shall pay on behalf of, indemnify and save City and its officials harmless, from and against any and all claims; liabilities, losses, and causes of action, which may arise out of bidder's performance under the provisions of Page 43 of 52 Page 425 of 555 Invitation for Bid (IFB) 516388 the contract, including all acts or omissions to act on the part of bidder, including any person performing under this Contract for or on bidder's behalf, provided that any such claims, liabilities, losses and causes of such action are not attributable to the negligence or misconduct of the City and, from and against any orders, judgments or decrees which may be entered and which may result from this Contract, unless attributable to the negligence or misconduct of the City, and from and against all costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claim, or the investigation thereof. The bidder shall furnish to City of Miami, c/o Purchasing Department, 444 SW 2nd Avenue, 6th Floor, Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the. requirements as outlined below: (I) Worker's Compensation A. Limits of Liability - Statutory - State of Florida (2) Commercial General Liability (Primary and Non -Contributory): A. Limits of Liability Bodily Injury and Property Damage Liability - Each Occurrence: $1,000,000 General Aggregate Limit: $2,000,000 Personal and Adv. Injury. Products and Completed Operations and Fire Damage: $1,000;000. B. Endorsements Required: City of Miami included as an Additional insured. Employees included as insured. Contractual Liability. (3) BusinessAutomobile Liability A. Limits of Liability Bodily injury and property damage liability combined single limits. Any Auto, including hired, borrowed or owned, or non -owned autos used in connection with the work - $1,000,000 B. Endorsements Required: City of Miami included as an Additional Insured (4) Garage Keepers Legal Liability A: Limits of Liability $ 50,000 Coverage written on a Legal Liability Basis, Primary B. Deductibles Comprehensive Each Auto $1,000/$2,500 Max Collision or Upset Each Auto $1,000/$5,000 Max BINDERS ARE UNACCEPTABLE. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the bidder. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The Company must be rated no less than "A" as to management, and no less than "Class V" as to financial strength, Page 44 of 52 Page 426 of 555 Invitation for Bid (IFB) 516388 by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and/or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. Certificates will indicate no modification or change in insurance shall be made without thirty (30) days written advance notice to the certificate holder. NOTE: CITY BID NUMBER AND/OR TITLE OF BID MUST APPEAR ON EACH CERTIFICATE. Compliance with the foregoing requirements shall not relieve the bidder of his liability and obligation under this section or under any other section of this Agreement. --If insurance certificates are scheduled to expire during the contractual period, the Bidder shall be responsible for submitting new or renewed insurance certificates to the City at a minimum of ten (10) calendar days in advance of such expiration. --In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the City shall: (4) Suspend the contract: until such time as the new or renewed certificates are received by the City in the manner prescribed in the Invitation To Bid. (5) The City may, at its sole discretion, terminate this contract for cause and seek re -procurement damages from the Bidder in conjunction with the General and Special Terms and Conditions of the Bid. The Bidder shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in force for the duration of the contractual period; including any and all option terms that may be granted to the Bidder. 2.17. PATENTS AND ROYALTIES The bidder, without exception, shall indemnify and save harmless the City and its employees from liability of any nature or kind, including cost and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or article manufactured by the bidder. The bidder has no liability when such claim is solely and exclusively due to the combination, operation or use of any article supplied hereunder with equipment or data not supplied by the contractor or if such claim is based solely and exclusively upon the alteration of the article. The City will provide prompt written notification of a claim of copyright or patent infringement. Further, if such a claim is made or is pending, the contractor may, at his/her expense, procure for the City the right to continue use of, replace or modify the article to render it non -infringing, (If none of the alternatives are available, the City will agree to return the article on request to the contractor and receive reimbursement, if any, as may be determined by a court of competent jurisdiction.) If the bidder uses any design, device, or materials covered by letters, patents or copyrights, it is mutually agreed and understood without exception that the bid prices shall include all royalties or costs arising from the use of such designs, devices, or materials in any way involved in the work. 2.18. INSTALLATION, PICK-UP AND DELIVERY REQUIREMENTS All installations will be done at either the Successful Bidder's location (Miami -Dade County or Broward County), their sub -contractors location (Miami -Dade County or Broward County) or at the General Services Administration, Fleet Division location, the Fire Garage or authorized predetermined location within the City of Miami. Time: Bidders shall indicate the number of calendar days required to furnish and/or install the equipment after Page 45 of 52 Page 427 of 555 Invitation for Bid (IFB) 516388 receipt of the units at their facility. Time of delivery may be extended for a specific period when the cause of such delay is beyond the control of the Successfid Bidder and provided that written notice is given to the City immediately upon knowledge of impending delay. All completed units must be delivered to General Services Administration, Fleet Division location, the Fire Garage or authorized predetermined location within the City of Miami. Failure to comply with the delivery schedule time may result in liquidated damages being accessed as per section 2.13. 2.19. METHOD OF PAYMENT Payment shall be made upon receipt and acceptance of all properly invoiced, approved and completed billings. No down or partial down payments shall be made. 2.20. PACKING SLIP/DELIVERY TICKET TO ACCOMPANY ITEMS DURING DELIVERY The Successfiil Bidder shall enclose a complete packing slip or delivery ticket with any items to be delivered in conjunction with this Bid solicitation. The packing slip shall be attached to the shipping carton(s) which contains the items and shall be made available to the City's authorized representative during delivery. The packing slip or delivery ticket shall include, ata minimum, the following information; purchase order number; date of order; a complete listing of items being delivered; and back -order quantities and estimated delivery of back -orders if applicable. 2.21. COMPLETED WORK The City shall be notified by the Successfal Bidder upon completion of work. The City shall inspect and approve same before authorizing payment. Work not satisfactorily completed shall be redone by the Successful Bidder at no additional charge to the City. 2.22. ADDITIONS/DELETIONS OF SUPPLIERS/FACILITIES/ITEMS/SERVICES Although this Solicitation identifies specific suppliers/facilities/items/services to be serviced, it is hereby agreed and understood that any suppliers/facilities/items/services may be added/deleted to/from this contract at the sole option of the City. When a new distributor, product or other additions to the contract are required, the all existing and new Bidders under this contract shall be invited to submit price quotes for these new suppliers/facilities/items/services. If these quotes are comparable with market prices offered for similar suppliers/facilities/items/services, they shall be added to the contract, whichever is in the best interest of the City, and an addendum and a separate purchase order shall be issued by the City. 2.23. CONTRACT ADMINISTRATORS Upon award, Successful Bidder shall report and work directly with Carlos Pau and John Babos, Superintendant for Heavy and Light Fleets respectively, who shall be designated as the Contract Administrator for GSA and Jose Page 46 of 52 Page 428 of 555 Invitation for Bid (1FB) 516388 Davila, Superintendent of Support Services, as the Contract Administrator for Fire/Rescue Garage. 2.24. SUBCONTRACTORS OF WORD SHALL BE IDENTIFIED As part of its Bid, the Bidder is required to identify any and all Subcontractors that will be used in the performance of the proposed contract, their capabilities, experience and the portion of the work, to be done by the Subcontractor. Failure to identify any and all Subcontractors in the Bid may render the Bid non-responsive. The Successfal Bidder(s) shall not, at any time during the tenure of the contract, subcontract any part of the operations or assign any portion or part of the contract, to Subcontractors) not originally mentioned in the Bid, except under and by virtue of permission granted by the City through the proper officials. Nothing contained in these specifications shall be construed as establishing any contractual relationship between any Subcontractor and the City, The Successful Bidder(s) shall submit a list of all Sub -Contractor reference information including contacts, address, phone, fax, email, copies of licenses required by the State of Florida and/or Miami -Dade County, in the Header/Attachments Section of this bid and be fitlly responsible to the City for the acts and omissions of the Sub -Contractor and their employees, the same as for acts and omissions of persons employed by Contractor. 2.25. WORKMANSHIP AND MATERIALS All parts installed and materials used in performance of this contract shall be new (of current design or manufacture). All materials and workmanship shall be of the highest quality. The City shall be the sole judge as to parts and workmanship. 2.26. TIE BIDS Whenever two or more Bids which are equal with respect to price, quality and service are received by the City 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: (1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the action that will be taken against employees for violations of such prohibition; (2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations; (3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in subsection (1); (4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under Bid, the employee will abide by the terms of the statement and will notify the employer of any conviction or plea of guilty or nolo contendere to any violation of Florida Statute 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 finding; Page 47 of 52 Page 429 of 555 Invitation for Bid (IFB) 516388 (5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted and (6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. 2.27. DAMAGES TO PUBLIC/PRIVATE PROPERTY The Successfitl Bidder shall carry out the work with such care and methods as not to result in damage to public or private property adjacent to the work. Should any public or private property be damaged or destroyed, the Successfiil Bidder shall assume the expense and repair or make restoration as is practical and acceptable to the City anal/or owners of destroyed or damaged property promptly within a reasonable length of time (not to exceed one month from date damage occurred). 2.28. FACTORY DEFECTS All material specified hereafter shall be fully guaranteed by the Successful Bidder against factory defects. Any defects which may occur as the result of either faulty material or workmanship within the period of the manufacturer's standard warranty will be corrected by the Bidder at no expense to the City. 2.29. WARRANTY, FITNESS FOR PURPOSE The Successfiil Bidder warrants the materials and labor supplied and the work performed under this contract conform to warranty materials provided for two (2) years from date of completion. Any payment by the City on. behalf of the goods or services received from the Successful Bidder does not constitute a waiver of these warranty provisions. The Successfal Bidder shall be responsible for promptly correcting any deficiency, at no cost to the City, within seven (7) calendar days after the City notifies the Successfiil Bidder of such deficiency in writing. If the Successful Bidder fails to honor the warranty and/or fails to correct or replace the defective work or items within the period specified, the City may, at its discretion, notify the Successful Bidder, in writing, that the Successful Bidder may be debarred as a City Bidder and/or subject to contractual default if the corrections or replacements are not completed to the satisfaction of the City within ten (10) calendar days of receipt of the notice. If the Successfiil Bidder fails to satisfy the warranty within the period specified in the notice, the City may (a) place the Successful Bidder in default of its contract, and/or (b) procure the products or services from another vendor and charge the Successfiil Bidder for any additional costs that are incurred by the City for this work or items; either through a credit memorandum or through invoicing. 2.30. QUALITY AND MANUFACTURE The apparent silences of these specifications as to any details or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only materials and workmanship of first quality are to be used. All interpretations of these specifications shall be made upon the basis of this statement. Specifications, brands and manufacturers' names, where given, are to establish product type and quality required, Any equal thereto will. be considered, subject to the approval of the City of Miami. Bidders shall indicate on the Bid Sheets, the manufacturer, brand and model or style number they intend to supply to the City, for each item Bid. All materials shall be new, of current manufacture, and shall carry standard warranties. No substitutions Page 48 of 52 Page 430 of 555 Invitation for Bid (IFB) 516388 shall be allowed after the Bid is awarded unless so authorized by the City. The City reserves the right to perform its own testing procedures or to send any and all samples to any certifiable laboratory for analysis. Any and all costs for testing shall be borne by Bidder. On the basis of this testing and analysis, the City shall be sole judge of the acceptability of the sample in conjunction with the Bid specifications and its decision shall be final. Any sample submitted shall create an express warranty that the whole of the goods and/or services to be provided. by the Bidder during the contract period shall conform to the sample submitted. The Bidder shall be required to provide adequate restitution to the City, in the manner prescribed by the City, if this warranty is violated during the term of the contract. 2.31. PRODUCT SUBSTITUTES In the event a particular approved and awarded manufacturer's product becomes unavailable during the term of the Contract, the Successful Bidder awarded that item may arrange with the authorized City representative, to supply a substitute product at the bid price or lower, provided that a sample is approved beforehand and that the new product meets or exceeds all quality requirements. Successfid Bidder shall replace items purchased by the City which are of unacceptable quality or which are determined by the using department unserviceable for any reasons. Items covered by express warranty shall be governed by terms and conditions therein. 2.32. REFERENCES Each Bid must be accompanied by a list of three (3) references as reflected in the Header/Attributes Section of this Solicitation, which shall include the name of the company, dates of contract, description of goods supplied, a contact person and the telephone number. NO BID WILL BE CONSIDERED WITHOUT THIS LIST. 2.33. SPECIFICATION EXCEPTIONS Specifications are based on the most current literature available. Bidder shall notify the City of Miami Purchasing Department, in writing, no less than ten (10) days prior to solicitation closing date of any change in the manufacturers' specifications which conflict with the specifications. For hard copy bid submittals, bidders must explain any deviation from the specifications in writing as a footnote on the applicable specification page and enclose a copy of the manufacturer's specifications data detailing the changed item(s) with his/her submission. For electronic bid submittals, bidders must explain in the Header Section or by an Attachment and, if applicable, enclose a scanned copy of the manufacturer's specifications data detailing the changed item(s) with his/her submission. Additionally, bidders must indicate any options requiring the addition of other options, as well as those which are included as a part of another option. Failure of bidders to comply with these provisions will result in bidders being held responsible for all costs required to bring the item(s) in compliance with contract specifications. 2.34. TERMINATION A. FOR DEFAULT If Successful Bidder defaults in its performance under this Contract and does not cure the default within 30 days after written notice of default, the City Manager may terminate this Contract, in whole or in part, upon written notice without penalty to the City of Miami, In such event the Successful Bidder shall be liable for damages including the excess cost of procuring similar supplies or services; provided that if, (1) it is determined for any reason that the Page 49 of 52 Page 431 of 555 Invitation for Bid (IFB) 516388 Successfril Bidder was not in default or (2) the Successfid Bidder's failure to perform is without Successful Bidder or its subcontractor's control, fault or negligence, the termination will be deemed to be a termination for convenience of the City of Miami. B. FOR CONVENIENCE The City Manager may terminate this Contract, in whole or in part, upon 30 days prior written notice when it is in the best interest of the City of Miami. If this Contract is for supplies, products, equipment, or software, and so terminated for convenience by the City of Miami the Successfiil Bidder will be compensated in accordance with an agreed upon adjustment of cost. To the extent that this Contract is for services and so terminated, the City of Miami shall be liable only for payment in accordance with the payment provisions of the Contract for those services rendered prior to termination. 2.35. BALANCE OF LINE While the City has listed all needed items on the Bid Solicitation, which are utilized citywide in conjunction with its operations, there may be ancillary items that must be purchased by the City during the term of this contract. For this reason, Bidders are requested to quote the percentage discount that will be offered to the City for items which do not appear on this Bid Solicitation. As reflected. by the Bidder on the Price Line, this discount shall be offered for all items listed in nationally, established annual retail supply catalogs. The most recently published catalog shall serve as the basis for establishing the retail price to be discounted. Successful Bidder(s) shall submit, their product catalog, published price list, or other verifiable pricing source(s) for the products they offer as the Balance of Line. 2.36. ADDITIONAL TERMS AND CONDITIONS No additional terms and conditions included as part of your solicitation response shall be evaluated or considered, and any and all such additional terms and conditions shall have no force or effect and are inapplicable to this solicitation. If submitted either purposely, through intent or design, or inadvertently, appearing separately in transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed that the General Conditions and Special Conditions in this solicitation are the only conditions applicable to this solicitation and that the bidder's/proposer's authorized signature affixed to the bidder's/proposer's acknowledgment form attests to this. If a Professional Services Agreement (PSA) or other Agreement is provided by the City and is expressly included as part of this solicitation, no additional terms or conditions which materially or substantially vary, modify or alter the terms or conditions of the PSA or Agreement, in the sole opinion and reasonable discretion of the City will be considered. Any and all such additional terms and conditions shall have no force or effect and are inapplicable to this PSA or Agreement. Page 50 of 52 Page 432 of 555 Invitation for Bid (IFB) 516388 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK 3.1.1. CATALOGS It is the intent of the following Specifications are to establish a contract with responsive and responsible bidder(s) for the purchase and/or installation or any combination of municipal vehicle equipment as listed below. Vehicle. Equipment Discount Off Catalog (Bidders are not required to bid on all equipment catalogues, but MUST submit current catalog with list prices for those discount percentages being offered. Failure to submit catalog with price list may deem your bid non-responsive). The Successful Bidder(s) shall indicate the discount percentage from the most current published price catalogs for the below listed manufacturers of municipal vehicle equipment. The City of Miami intends to purchase items from these catalogs on an as -needed, when -needed basis as deemed in the best interest of the City of Miami. Bidders must submit a current catalog with list prices with bid. The City will apply discount provided in your bid to all items listed in the catalog. Bidders are allowed to update their catalog once per year to become effective on the anniversary date of when the bid contract became effective. Failure to update the catalog by the contract anniversary effective date will forfeit your right to update prices until the next anniversary date. Bidders must bid, on the Price Lines Section, a percentage discount on catalogs which they are authorized resellers (See Price Lines): 3.1.2. INSTALLATIONS Labor Time Rate:(Bidder shall indicate a "fixed" shop labor time allocation to install all police vehicle equipment components purchased under discounted percentages in above catalogs. (1/2 hour = .5, 1/4 hour --.25) Prisoner Cage Prisoner Seat Prisoner Seat & Cage Rear Window Bars with OEM door panels Rear Window Bars with ABS door panels Four (4) Corner Universal LED Hideaway Light System with Controller Four (4) Corner Universal LED Hideaway Lights System without Controller 3.1.3. WINDOW TINTING Window tinting (if required) on the vehicle will be done at the time of the installation of the equipment and will not be done as a. stand alone service. All window tint film used shall be legal in the State of Florida, and shall carry a standard warranty of seven (7) years against manufacturers defects. Coverage on vehicles is as follow Window Tinting for Sedans shall include five (5) windows, plus one (1) Sunstrip. Window Tinting for Sports Utility Vehicle shall include seven (7) windows, plus one (1) Sunstrip. Window Tinting for Pickup Standard Cab shall include three (3) windows, plus one (1) Sunstrip. Page 51 of 52 Page 433 of 555 Invitation for Bid (IFB) 516388 Window Tinting for Pickup Extended Cab shall include five (5) windows, plus one (1) Sunstrip. Window Tinting for Pickup Crew Cab shall include five (5) windows, plus one (1) Sunstrip. Page 52 of 52 Page 434 of 555 City Hall City Of Miami 3500 Pan American Drive Miami, FL 33133 N1 r www.miamigov.com -4.)� Master Report Resolution R-16-0009 File ID #: 15-01594 Enactment Date: 1/14/16 Version: 1 Controlling Office ofthe City Status: Passed Body: Clerk Title: A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS RECEIVED OCTOBER 14, 2015, PURSUANT TO INVITATION FOR BID NO. 516388, FROM DANA SAFETY SUPPLY, INC. AND LESC, INC. D/B/A LAW ENFORCEMENT SUPPLY COMPANY, INC., THE RESPONSIVE AND RESPONSIBLE BIDDERS, FOR THE PURCHASE AND/OR INSTALLATION OF MUNICIPAL VEHICLE EQUIPMENT, ON A CITYWIDE, AS NEEDED CONTRACTUAL BASIS, FOR A PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS, ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING ADDITIONAL SUPPLIERS TO BE ADDED TO THE CONTRACT AS DEEMED IN THE BEST INTEREST OF THE CITY OF MIAMI. Reference: Introduced: 12/7/15 Name: Accept Bid - Municipal Vehicle Equipment Requester: Department of General Cost: Final Action: 1/14/16 Services Administration Notes: Sections: Indexes: Attachments: 15-01594 Summary Fom.pdf, 15-01594 Memo - Manager's Approval.pdf, 15-01594 Bid Tabulation.pdf, 15-01594 Bid Response - Dana Safety Supply Inc.pdf, 15-01594 Bid Response - Law Enforcement Supply.pdf, 15-01594 Corporate Detail.pdf, 15-01594 Invitation For Bid.pdf, 15-01594 Legislation.pdf Action History Ver. Acting Body Date Action Sent To Due Date Returned Result 1 Office of the City 12/28/15 Reviewed and Attorney Approved 1 City Commission 1/14/16 ADOPTED 1 City of Miami Page 1 Printed on 1/28/2016 Page 435 of 555 A motion was made by Francis Suarez, seconded by Frank Carollo, that this matter be ADOPTED. The motion carried by the following vote: Aye: 5 - Wifredo (Willy) Gort, Ken Russell, Frank Carollo, Francis Suarez and Keen Hardemon Office of the Mayor 1/15/16 Signed by the Mayor Office of the City Clerk Office of the City Clerk 1/15/16 Signed and Attested by City Clerk City of Miami Page 2 Printed on 1/28/2016 Page 436 of 555 IFB NO: 516388(21) DESCRIPTION: PURCHASE AND/OR INSTALLATION OF MUNICIPAL VEHICLE EQUIPMENT CITYWIDE TERM OF CONTRACT: TWO (2) YEARS, WITH OTR FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS CONTRACT PERIOD: JANUARY 25, 2016 THROUGH JANUARY 24, 2018 COMMODITY CODE: 05557-00 SECTION #1 —VENDOR AWARD Dana Supply, Inc. Signal Technology Enterprises 1620 NW 82nd Ave. 420 West 27th Street Doral, FL 33126 Hialeah, FL 33010 Contact: Mark Sevigny Contact: Albert Espinosa Phone: (800)854-5536 Phone: (305) 986-1373 Email: msevigny(a 1dss.com Email: fireal .me.com LESC, Inc. d/b/a Law Enforcement Supply 6601 Lyons Rd., Suite H-3 Coconut Creek, FL 33073 Contact: Jose Ferrando Phone: (954)428-3776x520,3:'. Fax: (954) 834-2490 Email: iferrandoCablawsupply.com AC41 iwim tt4—myymFNLjiL7mk '1Vf[uu1Vu wiruRIyim 1°I\J CC AWARD DATE: JANUARY 14, 2016:1.`' RESOLUTION NO: 16=0009 11 TOTAL CONTRACT AMOUNT: *SEE BELOW* Allocating funds from the various sources of funds from the u and budgetary approval at the time of need, Notes: Effective February 23,:20 16',the Procurement DE Additions/Deletions of Suppliers/Facilities/Items/Service: Supplier: Percent discount off manufacturers list price catalog'for Federal Signal, Www fed.eralsignal.com 45% Percent discount off manufacturers I'ist,pnce,Catalog fo`r Setina' Manufacturing, www.Setina.com 10% Percent discount off manufacturers list p' nce,catalog„for Gamer -Johns on,,www.gamber'ohnson,com 10% Percent discount off manufactures list price catalog forTroy Ind ustries;''yywwaroyproducts.com 1 % Percent discount off manufacturers list price catalog for°'Lagun'a 3P, www.languna3p.com 1% Percent discount off manufactures list price catalog for Public Safety USA, www.publicsafetyusa.net 50% CITY OF MIAMI, GSA Contract Administrator: John Babos Phone: (305) 329-4874 SECTION #4 - PROCURING AGENCY CITY OF MIAMI, DEPARTMENT OF PROCUREMENT Buyer: Eduardo Falcon Phone: (305) 416-1901 Prepared By: Aimee Gandarilla, 3/1/16 A CONTRACT AWARD SHEET INSTRUCTIONAL GUIDE TO ASSIST YOU WITH THE INFORMATION CONTAINED HEREIN IS AVAILABLE IN THE ISUPPLIER INFORMATION SECTION OF OUR WEBPAGE AT: WWW. 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(D �' O 0 m o 0 0 0 o m r m r m U ® n o n n a ° 1 o Z a a a a 'a N' = a x a ° D O N d a. d C. CL -0 W c N w o 0 0 o O '(1 w w m o a m r r 0 0 m e -p c _0 C 0 a N a Q .T (o FIr w -i. < o N 0< < cn C (D =3o w G O 3 (0 (D (D w o m a a ;; 2 w � a s p. s {J C) w N O C C) O 6 C fl () O C O = (D O ~O - (� r m `G c (n N m n (D (D m CD mm w w m w m w m w m w x o x 0 x 0 x 0 x 0 x 0 x 0 x 0 w M 3 S S S 7' 3 S CCy C C C C C O N m m W U ID O O N O O N . oID O ) C) 0 o * O N Cn O W C. N * * o w 0 0 •D (D o � o o rl,) 0 0 0 0 0 0 0 0 0 0 0 (o 0 0 c CD a CD �2 �2 69 O O O O o 0(Nii V7 w0 0 0 0 0 0 0 (o 0 O C 7 v m m ? O ? o Z w to w r m m o N CD N s I� i ry 0 TI TI W Ul W 00 00 Page 440 of 555 12.A. NEW BUSINESS 6/6/2017 REQUESTED ACTION BY COMMISSION: Discussion and direction regarding draft amendments to the Workforce Housing Program. EXPLANATION OF REQUEST: At the April 19th City Commission strategic planning workshop staff was directed to draft amendments to the City's Workforce Housing Program. Based on the input from the City Commission, staff has completed the draft regulations and are looking for guidance and/or recommended changes in advance of the upcoming codification process. Most notable changes to the Workforce Housing Program are as follows: • Conversation from mandatory to voluntary program. • Utilization of Downtown Transit -Oriented Development District (DTODD) density bonus as incentive for workforce housing. • Adjustment to set-aside percentages to increase participation. • Addition of in -lieu fee option for rental projects. • Adjustment of in -lieu fees based on current market data. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Non -budgeted N/A ALTERNATIVES: N/A STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 441 of 555 ATTACHMENTS: Type D Exhibit D Exhibit REVIEWERS: Department Reviewer Planning and Zoning Rumpf, Michael Planning and Zoning Mack, Andrew Planning and Zoning Groff, Colin Finance Howard, Tim Assistant City Manager Groff, Colin Legal Swanson, Lynn City Manager LaVerriere, Lori Description Draft Ordinance Changes —Strike Through Draft Ordinance Changes—Clean Action Date Approved 5/25/2017 ® 1:09 PM Approved 5/30/2017 ® 12:03 PM Approved 5/30/2017 ® 1:41 PM Approved 5/30/2017 ® 5:43 PM Approved 5/30/2017 ® 6:59 PM Approved 6/1/2017 ® 10:20 AM Approved 6/1/2017 ® 4:39 PM Page 442 of 555 ARTICLE V. HOUSING INITIATIVES Sec. 2. Workforce Housing Program. A. Findings. 1. Housing Shortage. The City Commission having conducted a Housing Needs Assessment Study (Attachment A) has determined that City of T2e..fite T2o.,e he 45new home priees and rents are not affordable to the everyday working families and citizens of the city; 2. Florida Statutes. F.S. § 166.04151 provides that a municipality may adopt and maintain any ordinance that is adopted for the purpose of increasing the supply of workforce housing using land use mechanisms not withstanding any other provision of law; 3. Housing Cost/Wage Gap. The City Commission recognizes that there is a growing gap between housing costs and wages in the city; 4. Public Interest. The City of Boynton Beach has a legitimate public interest in preserving the character and quality of neighborhoods which requires assuring the availability of workforce housing for low and moderate income persons in the city; 5. Sense of Community. The city recognizes that the need to provide workforce housing is critical to maintaining a diversified and sustainable city having the character and sense of community where people can live and work in the same area; and 6. Housing Availability. The city is encouraging the production and availability of workforce housing and at the same time is cognizant that escalating land costs and rapidly diminishing amounts of land hinder the provision of sufficient workforce dwelling units by the private sector. B. Applicability. The program is voluntary. Developers who choose to participate may be awarded incentives outlined further in this article. These following -Kregulations shall apply only to development applications sto„t,,,4 too f llev,iflg nditi ns:forprojects 1. DeN,elepmeiits utilizing any ortion of the Downtown Transit-Oriented Development District's (DTODD's) density increase of twenty-five 25% with an underlying land use and/or zoning category permitting the density in excess of te+releven(4-911) dwelling units per acre_ ;,,„a;,, Apfil 3, 2007; in stteh a ease, these feplatiefisv�411 apply to additional ttaits Only; a C. Provisions. DevelepefsThe developer maybe etititledelect to obtain higher density land ttse-and �enetege if part of the DTODD's 25%density bonus through the construction of the workforce units as stated be!&--,on-site or off-site, Page 443 of 555 monetary contribution_ donation of land or purchase of units to be designated as workforce, subject to the limits and requirements of this article. -1. Construction of workforce units on-site: 1. Eligibility Gt*et4a. To be eligible for the requested higher density was of the felle,v�,ifig pet:eefitage DTODD's (25%) density bonus through the construction of workforce hetisiffg—units on-site, the developer must be iiieefpet:atedincorporate such units into the development as follows: a. Forty percent (40%) of the DTODD density bonus shall be designated as workforce housing unitsl4igh and Speeial High Density Residential T�,efity pet:eefit (20' %) of t4e fitiffibef of pfopesed fesidelitiff! ttflits i1i t4e deN,elepfflefit shall be desigfiffted as wefk hettsing W+4-Ei. b. Mi�ied Use Fifteefl pefeetit (1510) of �he total titimbef of pfopesed fesidelitiff! ttflits i1i the development shall be designated as v�,efkfefee hettsing ttaits. e. Mi�ied Use Gefe TeR pefeetit (102 ;) of �he total titimbef of pfopesed fesidelitiff! ttaits in the development shall be designated asv�,efkfefee b. Eligible land use classifications and zoning districts (Table 1-2). Land Use Classification Zoning Districts AiiiNiffitim Density High Density Reside Planned Unit Development (PUP) Ififill Planned Unit Development IM OPI�D) 11 d,&Iaer-e 11 d,&Iaet:e Speeial High Density Residential (S14DR) Planned Unit Development (PUP) Ififill Planned Unit Developmen (PUP) 20 dtilaer-e 20 Eltilaer-e Mixed Use Low MU -1 Mixed Us Medium MU-142 And MU -3) 80 Eltila Mixed Use OAX)ffiigh Mixed Use T latefisitom, 4 AMU- L44 and MU -Core Mixed Use Intensity 2 (MU 1=2) Mi�ied Use L&A, WeRsity 3 (MU 1=3) 20 dtilaetve and 40 &1aefe 1 1 1 1 1 2. Household (Income) Type. Twenty-five percent (25%) of the total required workforce housing units shall be set aside for low income households. Seventy-five percent (75%) of the total required workforce housing units shall be set aside for moderate income households. Page 444 of 555 3. Fractions. If theme number of workforce housing units results in a fractional remainder greater than one-half (0.50), the number shall be rounded up. If the required number of workforce housing units results in a fractional number less than one-half (0.50), the number shall be rounded down. 4. Number of Units. The workforce housing units provided shall have the same percentage of unit types as market rate units within the development unless a contrasting unit type is intended to address particular needs existing within the community at the time of approval and substantiated by written evidence such as related reports or data. If the application involves a major modification of an existing development, only the additional units are used in determining the required unit mix. 5. Unit Size and All tmits shall meet t4e t:e"it:emefits fet: tmit size and 6.Staff Approval. At the time of application for land use ells. fie tie amendment and rezoning tege,.., ehargo, the project must be reviewed and signed off by the Community Improvement Division of the city as part of the site plan approval process for compliance with affordability guidelines and number of units qualifying as workforce. -76. Site Plan. The site plan shall clearly identify the location of workforce housing units Additionally, tabular data must be included on the site plan showing the address or unit number, total number of units, number of bedrooms of workforce housing units and the targeted income levels. This shall be included with the market rate data. 8-7 Sale Restrictions. Workforce housing units shall ' , ,v be regulated in terms of: a. Initial sales price or rent levels; and b. Subsequent resale prices or leasing rates. c. If compliance with a land development standard would preclude construction of a residential or mixed use development in which workforce housing units are included, pursuant to this chapter, the applicant may submit a proposal for waiver or reduction of the development standard. The applicant shall show that the waiver or reduction of the development standard is necessary to make the workforce housing units economically feasible and that such a waiver will not compromise any of the city's life or safety standards. 48. Recording the Restrictive Covenant. Prior to the issuance of any building permit, the restrictive covenant and agreement shall be recorded in the public records of Palm Beach County. The term of the restrictive covenant shall be thirty (30) years. A copy of the recorded covenant and agreement shall be provided to the city prior to the issuance of the building permit. ..� IN 1111 ....VIMF �Irrlrmm. . Page 445 of 555 off-site options. The following options in -lieu of construction of workforce unit on-site will be based on the number of units as indicated in sections C.1.1 and C.1.3 above. 1. Payment In -Lieu (Table 1-3). Contributionse aper unite—listed in the table below shall accrue to the Boynton Beach Housing Trust to be utilized to subsidize the creation of workforce housing within the city_ iln-lieu of fees shall be paid in full prior to the issuance of building permit. Payment In Lieuof Construction of Workforce Housing Units a 1111 eet*For- sale unit 1. Payment In -Lieu (Table 1-3). Contributionse aper unite—listed in the table below shall accrue to the Boynton Beach Housing Trust to be utilized to subsidize the creation of workforce housing within the city_ iln-lieu of fees shall be paid in full prior to the issuance of building permit. Payment In Lieuof Construction of Workforce Housing Units (per unit) eet*For- sale unit $ 60,099 $41,493 Tvo,e Bear^^mFor rent units x-8&999 $18,380 Th e* Bedt:eem 190-969 2. PeRe-teDonation of Land. The value of the land shall equal or exceed the total "in -lieu of fee for all required workforce units or shall be of sufficient size to develop the same number of required units. The value of the donated land must be verified by a MAI appraisal no more than three (3) months old. The appraisal shall be obtained by developer at developer's cost to verify the value of donated land. The land shall be deeded to the city prior to the issuance of a final certificate of occupancy for the development. 3. Off -Site Construction. The workforce housing units may be built off-site. All off-site workforce housing units shall comply with all sections of these Regulations. Building permits shall be issued for a minimum of fifty percent (50%) of the required workforce housing units to be constructed off-site prior to the issuance of the first certificate of occupancy in the subject development. All off-site workforce housing units must receive a certificate of occupancy prior to the issuance of more than seventy-five percent (75%) of the certificate of occupancies in the subject development. 4. Purchase Market Rate Units. Purchase an equivalent number of existing market rate units to be deeded to the city or sold to eligible households. Such units shall be deed restricted to comply with the Workforce Housing Ordinance. The developer may retain the title to off-site units subject to recordation of a city approved deed restriction. A minimum of fifty percent (50%) of the units must be purchased and deeded to the city or deed restricted prior to the issuance of the first certificate of occupancy in the subject development. All workforce housing units shall be purchased and deeded to the city or deed restricted prior to issuance of more than seventy-five percent (75%) of the certificate of occupancies in the subject development. D. The following requirements shall apply to built or purchased workforce units: 1. Rental Housing Units. Page 446 of 555 1. Recording of the Restrictive Covenant. A restrictive covenant shall be recorded in the public records specifying the income level served, rent levels, reporting requirement and all restrictions applicable to the workforce housing units. All leases on workforce housing units shall contain language incorporating the restrictive covenant applicable to the workforce housing units and shall reference the recorded restrictive covenant. The restrictive covenant shall remain in force for thirty (30) years. 2. Rental Rates. a. Units targeted to low income households at fifty percent (50%) to the eighty percent (80%) of the Palm Beaeh Go +tyBoynton Beach median household income, adjttsted fet: family _ 4 -5 -e -,shall not have rental rates that exceed one hundred percent (100%) of the HUD determined fair market rent for the area. b. Units targeted to moderate income households at eighty percent (80%) to the one hundred twenty percent (120%) of the Palm Beaeh Go 4-yjBjo�ynton Beach median household income, adjttsted fet: family siEe- shall not exceed one hundred percent (100%) of the HUD determined fair market rent for the area. 3. Tenant Income Qualification. Tenant income qualification records shall be maintained on-site and a yearly report shall be forwarded to the Community Improvement Division of the City of Boynton Beach for compliance determination. -FII. For -Sale Housing Units. 1. Restrictive Covenant. All deeds shall include the restrictive covenant applicable to workforce housing units. All sales contracts shall state that the unit is part of a workforce housing program and subject to the Land Development Regulations of the city. The restrictive covenant shall remain in force for thirty (30) years. The form of deed for workforce housing units shall be approved by the City Attorney. 2. Resale. The restrictive covenants shall state that during the affordability term, the resale of a workforce housing unit shall be subject to the following resale requirements. a. All workforce housing unit owners shall notify the city immediately that the unit is for sale. The city shall have first light of refusal to purchase the unit. Upon receipt of notice that a valid offer has been made on the unit, the city shall have fifteen (15) days to invoke its light of refusal to purchase the units. b. All workforce housing units are to be resold only to low or moderate income qualified households at an attainable housing cost for each targeted income range. 3. Required Occupancy. Purchasers of workforce housing units shall be required to occupy the unit. 4. Closing Costs. No charges or fees shall be imposed by the seller on the purchaser of a workforce housing unit which is in addition to or more than charges imposed upon purchasers of market rate units, except for administrative fees charged by the city/CRA, or their designee. 5. Sales Price Calculations. Sales prices for workforce housing units will be calculated on the basis of: a. An available fixed-rate thirty (30) -year mortgage, consistent with a "blended rate" for Palm Beach County banks, and/or the Florida Housing Finance Authority. A lower rate may be Page 447 of 555 used in calculating workforce housing prices if the developer can guarantee the availability of fixed-rate thirty (30) -year mortgage at this lower rate for all workforce housing units required for the covered project; b. A down payment of no more than ten percent (10%) (including any down payment assistance provided by SHIP or other sources) of the purchase price; c. A calculation of property taxes; and d. A calculation of homeowner insurance, mortgage insurance, homeowner association fees, property management fees and other closing costs. 6. Compliance. Prior to request for final certificate of occupancy for the development, the developer shall provide to the city's Community Improvement Department, or designee, documentation sufficient to demonstrate compliance with the workforce housing program. Such documentation shall include but is not limited to information regarding the identity and income qualification documentation for all occupants of the workforce housing units, proof of recordation of restrictive covenant in approved form. 67. Resale Requirements. To maintain the availability of workforce housing units which may be constructed or substantially rehabilitated pursuant to the requirements of this program, the following resale conditions shall be imposed on the workforce housing units and included in the deed and restrictive covenant recorded in the Public Records of Palm Beach County: 4-a. Location of Units. All workforce housing units constructed or substantially rehabilitated under this program shall be situated within the development so as not to be in less desirable locations than market -rate units in the development and shall, on average, be no less accessible to public amenities, such as open space, as the market -rate units. 2-.b Integration. Workforce housing units within a development shall be integrated with the rest of the development and shall be compatible in exterior design and appearance, construction, and contain comparable HV/AC systems as market rate units. -3c. Number of Units. The developer shall provide workforce housing units that include unit types in the same proportion as the market rate housing units unless a contrasting unit type is intended to address particular needs existing within the community at the time of approval and substantiated by written evidence such as related reports or data. -ai. If the development contains a mix of different types of units, (e.g. condominium, townhouse, detached, etc.), the proportion of workforce housing units of each type to total workforce housing units must be approximately the same as the proportion of market rate units of each type to total market rate units. hii. If the development includes both for sale and for rent units, the proportion of for rent workforce housing units to for sale workforce housing units must not exceed the proportion of for rent market rate units to for sale market rate units. viii The number of bedrooms per unit must be proportionate between workforce and market rate units. 4d. Construction Phasing. The construction schedule for workforce housing units shall be consistent with or precede the construction of market rate units. -5e. Lot Premiums. There shall be no lot premiums charged on the workforce housing units. Page 448 of 555 6f. Sales Price. All required workforce housing units shall be offered for sale or rent at an attainable housing cost for each of the targeted income ranges. City Approval. The city, its successors and assigns may enforce the covenants. No amendments to the restrictive covenant shall be made unless by written instrument approved by the city. 14E. Monitoring and Compliance. 1. Qualified Buyers. Final approval conditions: Final conditions of approval shall specify that the workforce housing units are sold to buyers whose income does not exceed one hundred twenty percent (120%) of the Boynton Beach median household income f r Palm Beaeh r,,,,, ty as set by 14UP. -The conditions will also specify the requirements for reporting to the city's Community Improvement Division on buyer eligibility, housing prices, as well as any applicable requirement to record the restrictive covenant or to enforce resale restrictions. 2. Surety. At the time of request for final certificate of occupancy for the development, if the workforce housing units have not been sold to income qualified persons, the developer shall deposit in the form of a surety bond, the amount equal to one hundred ten percent (110%) of the applicable "in- lieu" of fee to the city's Housing Trust Fund. Upon verification that the required number of workforce housing units has been sold to income qualified persons, the surety will be released. 3. Enforcement. The city may enforce the requirements of the Workforce Housing Ordinance through any cause of action available at law or equity, including but not limited to seeking specific performance, injunctive relief, rescission of any unauthorized sale or lease, during the term of the restrictive covenant. 4. Annual Report. The Community Improvement Department shall submit an annual report to the City Commissioners indicating the status of the Workforce Housing Ordinance, including but not limited to the revenues accrued to the Housing Trust Fund, the number of units created, leased and sold. -(Ord. 10-025, passed 12-7-10; Am. Ord. 11-031, passed 12-6-11; Am. Ord. 13-034, passed 12- 3-13; Am. Ord. 14-035, passed 1-6-15; Am. Ord. 15-031, passed 12-1-15) Page 449 of 555 ARTICLE V. HOUSING INITIATIVES Sec. 2. Workforce Housing Program. A. Findings. 1. Housing Shortage. The City Commission having conducted a Housing Assessment Study (Attachment A) has determined that new home prices and rents are not affordable to the everyday working families and citizens of the city; 2. Florida Statutes. F.S. § 166.04151 provides that a municipality may adopt and maintain any ordinance that is adopted for the purpose of increasing the supply of workforce housing using land use mechanisms not withstanding any other provision of law; 3. Housing Cost/Wage Gap. The City Commission recognizes that there is a growing gap between housing costs and wages in the city; 4. Public Interest. The City of Boynton Beach has a legitimate public interest in preserving the character and quality of neighborhoods which requires assuring the availability of workforce housing for low and moderate income persons in the city; 5. Sense of Community. The city recognizes that the need to provide workforce housing is critical to maintaining a diversified and sustainable city having the character and sense of community where people can live and work in the same area; and 6. Housing Availability. The city is encouraging the production and availability of workforce housing and at the same time is cognizant that escalating land costs and rapidly diminishing amounts of land hinder the provision of sufficient workforce dwelling units by the private sector. B. Applicability. The program is voluntary. Developers who choose to participate may be awarded incentives outlined further in this article. The following regulations shall apply only to development applications for projects utilizing any portion of the Downtown Transit -Oriented Development District's (DTODD's) density increase of twenty-five 25%, with an underlying land use and/or zoning category permitting the density in excess of eleven (11) dwelling units per acre. C. Provisions. The developer may elect to obtain higher density as part of the DTODD's 25% density bonus through the construction of the workforce units on-site or off-site, monetary contribution, donation of land or purchase of units to be designated as workforce, subject to the limits and requirements of this article. L Construction of workforce units on-site: 1. To be eligible for the requested higher density as part of the DTODD's (25%) density bonus through the construction of workforce units on-site, the developer must incorporate such units into the development as follows: a. Forty percent (40%) of the DTODD density bonus shall be designated as workforce housing units. Page 450 of 555 b. Eligible land use classifications and zoning districts (Table 1-2). Land Use Classification Zoning Districts Mixed Use Low MU -1 Mixed Use Medium MU -2 and MU -3 Mixed Use High MU -4 and MU -Core 2. Household (Income) Type. Twenty-five percent (25%) of the total required workforce housing units shall be set aside for low income households. Seventy-five percent (75%) of the total required workforce housing units shall be set aside for moderate income households. 3. Fractions. If the number of workforce housing units results in a fractional remainder greater than one-half (0.50), the number shall be rounded up. If the required number of workforce housing units results in a fractional number less than one-half (0.50), the number shall be rounded down. 4. Number of Units. The workforce housing units provided shall have the same percentage of unit types as market rate units within the development unless a contrasting unit type is intended to address particular needs existing within the community at the time of approval and substantiated by written evidence such as related reports or data. If the application involves a major modification of an existing development, only the additional units are used in determining the required unit mix. 5. Staff Approval. At the time of application for land use amendment and rezoning, the project must be reviewed and signed off by the Community Improvement Division of the city as part of the site plan approval process for compliance with affordability guidelines and number of units qualifying as workforce. 6. Site Plan. The site plan shall clearly identify the location of workforce housing units. Additionally, tabular data must be included on the site plan showing the address or unit number, total number of units, number of bedrooms of workforce housing units and the targeted income levels. This shall be included with the market rate data. 7 Sale Restrictions. Workforce housing units shall, be regulated in terms of: a. Initial sales price or rent levels; and b. Subsequent resale prices or leasing rates. c. If compliance with a land development standard would preclude construction of a residential or mixed use development in which workforce housing units are included, pursuant to Page 451 of 555 this chapter, the applicant may submit a proposal for waiver or reduction of the development standard. The applicant shall show that the waiver or reduction of the development standard is necessary to make the workforce housing units economically feasible and that such a waiver will not compromise any of the city's life or safety standards. 8. Recording the Restrictive Covenant. Prior to the issuance of any building permit, the restrictive covenant and agreement shall be recorded in the public records of Palm Beach County. The term of the restrictive covenant shall be thirty (30) years. A copy of the recorded covenant and agreement shall be provided to the city prior to the issuance of the building permit. H. In -Lieu and off-site options. The following options in -lieu of construction of workforce unit on-site will be based on the number of units as indicated in sections C.L1 and C.L3 above. 1. Payment In -Lieu (Table 1-3). Contributions per unit listed in the table below shall accrue to the Boynton Beach Housing Trust to be utilized to subsidize the creation of workforce housing within the city. In -lieu of fees shall be paid in full prior to the issuance of building permit. Payment In Lieu of Construction of Workforce Housing Units (per unit) For -sale unit $41,493 For rent units $18,380 2. Donation of Land. The value of the land shall equal or exceed the total "in -lieu of fee for all required workforce units or shall be of sufficient size to develop the same number of required units. The value of the donated land must be verified by a MAI appraisal no more than three (3) months old. The appraisal shall be obtained by developer at developer's cost to verify the value of donated land. The land shall be deeded to the city prior to the issuance of a final certificate of occupancy for the development. 3. Off -Site Construction. The workforce housing units may be built off-site. All off-site workforce housing units shall comply with all sections of these Regulations. Building permits shall be issued for a minimum of fifty percent (50%) of the required workforce housing units to be constructed off-site prior to the issuance of the first certificate of occupancy in the subject development. All off-site workforce housing units must receive a certificate of occupancy prior to the issuance of more than seventy-five percent (75%) of the certificate of occupancies in the subject development. 4. Purchase Market Rate Units. Purchase an equivalent number of existing market rate units to be deeded to the city or sold to eligible households. Such units shall be deed restricted to comply with the Workforce Housing Ordinance. The developer may retain the title to off-site units subject to recordation of a city approved deed restriction. A minimum of fifty percent (50%) of the units must be purchased and deeded to the city or deed restricted prior to the issuance of the first certificate of occupancy in the subject development. All workforce housing units shall be purchased and deeded to the city or deed restricted prior to issuance of more than seventy-five percent (75%) of the certificate of occupancies in the subject development. Page 452 of 555 D. The following requirements shall apply to built or purchased workforce units: I. Rental Housing Units. 1. Recording of the Restrictive Covenant. A restrictive covenant shall be recorded in the public records specifying the income level served, rent levels, reporting requirement and all restrictions applicable to the workforce housing units. All leases on workforce housing units shall contain language incorporating the restrictive covenant applicable to the workforce housing units and shall reference the recorded restrictive covenant. The restrictive covenant shall remain in force for thirty (30) years. 2. Rental Rates. a. Units targeted to low income households at fifty percent (50%) to the eighty percent (80%) of the Boynton Beach median household income shall not have rental rates that exceed one hundred percent (100%) of the HUD determined fair market rent for the area. b. Units targeted to moderate income households at eighty percent (80%) to the one hundred twenty percent (120%) of the Boynton Beach median household income shall not exceed one hundred percent (100%) of the HUD determined fair market rent for the area. 3. Tenant Income Qualification. Tenant income qualification records shall be maintained on-site and a yearly report shall be forwarded to the Community Improvement Division of the City of Boynton Beach for compliance determination. II. For -Sale Housing Units. 1. Restrictive Covenant. All deeds shall include the restrictive covenant applicable to workforce housing units. All sales contracts shall state that the unit is part of a workforce housing program and subject to the Land Development Regulations of the city. The restrictive covenant shall remain in force for thirty (30) years. The form of deed for workforce housing units shall be approved by the City Attorney. 2. Resale. The restrictive covenants shall state that during the affordability term, the resale of a workforce housing unit shall be subject to the following resale requirements. a. All workforce housing unit owners shall notify the city immediately that the unit is for sale. The city shall have first right of refusal to purchase the unit. Upon receipt of notice that a valid offer has been made on the unit, the city shall have fifteen (15) days to invoke its right of refusal to purchase the units. b. All workforce housing units are to be resold only to low or moderate income qualified households at an attainable housing cost for each targeted income range. 3. Required Occupancy. Purchasers of workforce housing units shall be required to occupy the unit. 4. Closing Costs. No charges or fees shall be imposed by the seller on the purchaser of a workforce housing unit which is in addition to or more than charges imposed upon purchasers of market rate units, except for administrative fees charged by the city/CRA, or their designee. 5. Sales Price Calculations. Sales prices for workforce housing units will be calculated on the basis of: Page 453 of 555 a. An available fixed-rate thirty (30) -year mortgage, consistent with a "blended rate" for Palm Beach County banks, and/or the Florida Housing Finance Authority. A lower rate may be used in calculating workforce housing prices if the developer can guarantee the availability of fixed-rate thirty (30) -year mortgage at this lower rate for all workforce housing units required for the covered project; b. A down payment of no more than ten percent (10%) (including any down payment assistance provided by SHIP or other sources) of the purchase price; c. A calculation of property taxes; and d. A calculation of homeowner insurance, mortgage insurance, homeowner association fees, property management fees and other closing costs. 6. Compliance. Prior to request for final certificate of occupancy for the development, the developer shall provide to the city's Community Improvement Department, or designee, documentation sufficient to demonstrate compliance with the workforce housing program. Such documentation shall include but is not limited to information regarding the identity and income qualification documentation for all occupants of the workforce housing units, proof of recordation of restrictive covenant in approved form. 7. Resale Requirements. To maintain the availability of workforce housing units which may be constructed or substantially rehabilitated pursuant to the requirements of this program, the following resale conditions shall be imposed on the workforce housing units and included in the deed and restrictive covenant recorded in the Public Records of Palm Beach County: a. Location of Units. All workforce housing units constructed or substantially rehabilitated under this program shall be situated within the development so as not to be in less desirable locations than market -rate units in the development and shall, on average, be no less accessible to public amenities, such as open space, as the market -rate units. b Integration. Workforce housing units within a development shall be integrated with the rest of the development and shall be compatible in exterior design and appearance, construction, and contain comparable HV/AC systems as market rate units. c. Number of Units. The developer shall provide workforce housing units that include unit types in the same proportion as the market rate housing units unless a contrasting unit type is intended to address particular needs existing within the community at the time of approval and substantiated by written evidence such as related reports or data. i. If the development contains a mix of different types of units, (e.g. condominium, townhouse, detached, etc.), the proportion of workforce housing units of each type to total workforce housing units must be approximately the same as the proportion of market rate units of each type to total market rate units. ii. If the development includes both for sale and for rent units, the proportion of for rent workforce housing units to for sale workforce housing units must not exceed the proportion of for rent market rate units to for sale market rate units. iii The number of bedrooms per unit must be proportionate between workforce and market rate units. d. Construction Phasing. The construction schedule for workforce housing units shall be consistent with or precede the construction of market rate units. Page 454 of 555 e. Lot Premiums. There shall be no lot premiums charged on the workforce housing units f. Sales Price. All required workforce housing units shall be offered for sale or rent at an attainable housing cost for each of the targeted income ranges. g. City Approval. The city, its successors and assigns may enforce the covenants. No amendments to the restrictive covenant shall be made unless by written instrument approved by the city. E. Monitoring and Compliance. 1. Qualified Buyers. Final approval conditions: Final conditions of approval shall specify that the workforce housing units are sold to buyers whose income does not exceed one hundred twenty percent (120%) of the Boynton Beach median household income. The conditions will also specify the requirements for reporting to the city's Community Improvement Division on buyer eligibility, housing prices, as well as any applicable requirement to record the restrictive covenant or to enforce resale restrictions. 2. Surety. At the time of request for final certificate of occupancy for the development, if the workforce housing units have not been sold to income qualified persons, the developer shall deposit in the form of a surety bond, the amount equal to one hundred ten percent (110%) of the applicable "in- lieu" of fee to the city's Housing Trust Fund. Upon verification that the required number of workforce housing units has been sold to income qualified persons, the surety will be released. 3. Enforcement. The city may enforce the requirements of the Workforce Housing Ordinance through any cause of action available at law or equity, including but not limited to seeking specific performance, injunctive relief, rescission of any unauthorized sale or lease, during the term of the restrictive covenant. 4. Annual Report. The Community Improvement Department shall submit an annual report to the City Commissioners indicating the status of the Workforce Housing Ordinance, including but not limited to the revenues accrued to the Housing Trust Fund, the number of units created, leased and sold. (Ord. 10-025, passed 12-7-10; Am. Ord. 11-031, passed 12-6-11; Am. Ord. 13-034, passed 12- 3-13; Am. Ord. 14-035, passed 1-6-15; Am. Ord. 15-031, passed 12-1-15) Page 455 of 555 12.B. NEW BUSINESS 6/6/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/6/2017 REQUESTED ACTION BY COMMISSION: The Mayor has requested to discuss the City's legal services. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Finance Finance City Manager Reviewer Action Date Howard, Tim Approved 5/31/2017 ® 4:30 PM Howard, Tim Approved 5/31/2017 ® 4:30 PM LaVerriere, Lori Approved 6/1/2017 ® 4:45 PM Page 456 of 555 12.C. NEW BUSINESS 6/6/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/6/2017 REQUESTED ACTION BY COMMISSION: Update on the impact of the proposed increase in the homestead exemption as recently passed in the recent legislative session. EXPLANATION OF REQUEST: Dorothy Jacks, Palm Beach County Property Appraiser has provided a rough estimates of what the recently passed additional homestead exemption legislation would have on the Cities and County . Using today's values and our current millage, Boynton Beach will be facing an estimated loss of $1.43M annually. This new legislation goes on the ballot for voter approval in 2018 and would become law in 2019. We need to start planning for that impact now because it will be a big hit to us in 2019. The only way to lessen the impact is to see our commercial and industrial values grow. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department City Manager Finance City Manager Reviewer Action Date Howard, Tim Approved 5/31/2017 ® 3:46 PM Howard, Tim Approved 5/31/2017 ® 3:46 PM LaVerriere, Lori Approved 6/1/2017 ® 4:38 PM Page 457 of 555 13.A. LEGAL 6/6/2017 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 17-012- SECOND READING - PUBLIC HEARING - Approve the updated Chronic Nuisance Property Code. EXPLANATION OF REQUEST: Some real properties require disproportionate police, fire, and code enforcement services and cause an unnecessary burden on tax payers of the City. Since property owners are ultimately responsible for the conduct and actions that occur on their property, disproportionate calls for service are an indication that the properties are not being managed properly. It is in the best interests of the health, safety, and welfare of the citizens and residents of the City to adopt an ordinance to identify and address properties that are not properly managed and/or maintained and which burden adjacent properties and the City. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Through a combined effort between City departments, a partnership will be created with owners to address the negative results caused by chronic nuisance activities and address excessive calls for service to the Police and Fire Departments. FISCAL IMPACT: Non -budgeted Non -budgeted. ALTERNATIVES: Reject proposed ordinance. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Page 458 of 555 Type Description D Ordinance Chronic Nuisance Ordinance D Ordinance Current Nuisance Abatement Ordinance REVIEWERS: Department Reviewer Action Date Police Katz, Jeff Approved 4/27/2017 ® 4:15 PM Legal Swanson, Lynn Approved 5/9/2017 ® 4:57 PM Finance Howard, Tim Approved 5/9/2017 ® 6:20 PM City Manager LaVerriere, Lori Approved 5/9/2017 ® 7:23 PM Page 459 of 555 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 ORDINANCE NO. - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 15 OF THE CITY'S CODE OF ORDINANCES; DELETING ARTICLE VIII IN ITS ENTIRETY AND REPLACING IT WITH A NEW ARTICLE VIII TO BE ENTITLED: "CHRONIC NUISANCE PROPERTY CODE"; PROVIDING A STATEMENT OF LEGISLATIVE INTENT; PROVIDING FOR IDENTIFYING PROPERTIES THAT ATTRACT OR ALLOW NUISANCE ACTIVITIES; REQUIRING CORRECTIVE ACTION BY PROPERTY OWNERS; PROVIDING PROCEDURES FOR ENFORCEMENT; PROVIDING FOR NOTICE, HEARING RIGHTS AND APPEALS; PROVIDING FOR ASSESSMENT AND RECOVERY OF COSTS, FINES AND FEES RELATED TO ENFORCEMENT; PROVIDING FOR LEVY AND COLLECTION OF NON -AD VALOREM ASSESSMENTS PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City Commission finds that there is a relative amount of police use, fire rescue and community standards services use to which each parcel of real property is entitled as a taxpayer of the City; and WHEREAS, the City Commission also finds that some real properties, hereinafter described as "chronic nuisance properties" require disproportionate police, fire rescue, and community standards services and cause an unnecessary burden on those public services and therefore on all taxpayers of the City; and WHEREAS, property owners are ultimately responsible for the conduct and actions that occur on their property; and WHEREAS, properties with disproportionate service calls are an indication that such properties are not being properly managed and/or maintained; and WHEREAS, the City Commission, deems it appropriate and in the best interests of the health, safety and welfare of the citizens and residents of the City of Boynton Beach to adopt a CHRONIC NUISANCE PROPERTY CODE to identify and address properties that are not properly managed and/or maintained and which burden adjacent properties and the City. {00177057.8 306-9001821} 1 Page 460 of 555 37 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 38 CITY OF BOYNTON BEACH, FLORIDA, THAT: 39 Section 1. The foregoing "Whereas" clauses are true and correct and 40 incorporated herein by this reference. 41 Section 2. Article XIII, of Chapter 15 of the City's Code of Ordinances is hereby 42 created to read as follows: 43 Section 15-001 Statement of Legislative Intent: 44 Chronic nuisance properties present health, safety and quality of life concerns and exist 45 when the persons responsible for such properties fail to take corrective action to abate 46 nuisance activities or a nuisance condition. Chronic nuisance properties have a 47 significant adverse effect on the quality of life, safety and health of the neighborhoods 48 where they are located. Chronic nuisance properties are a financial and operational 49 burden to the City by generating repeated calls for service to the properties. Chronic 50 nuisance properties adversely affect the value of adjacent properties. The Boynton 51 Beach Chronic Nuisance Property Code is enacted to address and reduce nuisance 52 activities and/or nuisance conditions that disrupt quality of life and repeatedly occur or 53 exist at properties. The nuisance abatement process hereinafter set forth may be used 54 by the City in conjunction with any and all legal actions available to the City. 55 It is the City's intent: 56 1. To identify chronic nuisance activities and chronic nuisance conditions. 57 2. To hold accountable those persons responsible for such nuisance activities 58 and/or conditions on the property. 59 3. To assist victims of crime and penalize those who commit crimes or those who 60 permit conditions to exist that give rise to crime or excessive calls for service to 61 the police and fire departments. 62 4. To establish rules, procedures, and penalties to address property owners that 63 have chronic nuisance issues and fail to take corrective measures. 64 S. To work in partnership with the owners to address the negative results caused 65 by chronic nuisance activities and/or conditions, and to improve the vitality of 66 neighborhoods by addressing excessive calls for service to the police and fire 67 departments. {00177057.8 306-9001821} 2 Page 461 of 555 68 6. To encourage owners and operators to cooperate by classifying calls for service 69 made by the owners or operators which demonstrate their commitment to abate 70 nuisance activities and/or conditions on their property such that the self - 71 reported activities will not be included as nuisance activity responses. 72 7. To establish the cost of City response and enforcement services to the property 73 owners identified as owning chronic nuisance properties. 74 Section 15-0002 Definitions 75 (a) Action Plan. A plan prepared by the City, incorporated in the Nuisance Abatement 76 Agreement, and agreed to by the owner to address and eliminate nuisance activity 77 on the owner's property by the implementation of proactive steps by the property 78 owner. 79 (b) Chronic nuisance property. A property on which one or more continuing nuisance 80 activities occurs or re -occurs. 81 (c) Chronic Nuisance Services. Remedial action(s) taken by the City to eliminate or 82 mitigate a nuisance condition that threatens public health, safety, or welfare. 83 (d) Nuisance activity. Nuisance activity or nuisance means any activities relating to the 84 following violations, whenever engaged in by the property owner, operator. agent. 85 tenant, or invitee of the property owner, operator, agent or tenant: 86 1. Chapter 3 - alcoholic beverages. 87 2. Chapter 15, article I - noise control regulations. 88 3. Chapter 15, article VIII -criminal street gang injunction. 89 4. Chapter 15, article X -sexual offender residency prohibition. 90 5. F.S. 767.121- dangerous dogs. 91 6. F.S. § 790.15() -discharging firearm in public. 92 7. F.S. § 796.06 - renting space to be used for prostitution. 93 8. F.S. § 796.07 - prostitution. 1 All references to Florida Statute are to Florida Statutes 2016 or as amended thereafter. }00177057.8 306-9001821} 3 Page 462 of 555 94 9. F.S. § 800.03 - exposure of sexual organs. 95 10. F.S. § 806.13 - criminal mischief. 96 11. F.S. § 810.08 - trespass in structure or conveyance. 97 12. F.S. § 810.09 - trespass on property other than structure or conveyance. 98 13. F.S. 812.014 - theft. 99 14. F.S. § 812.019 - dealing in stolen property. 100 15. F.S. 812.173 - convenience business security. 101 16. F.S. 823.01 - nuisances. 102 17. F.S. 828.12 - cruelty to animals. 103 18. F.S. 856.011 - disorderly intoxication. 104 19. F.S. § 856.015 - open house parties. 105 20. F.S. § 856.021 - loitering or prowling. 106 21. F.S. § 856.022 - loitering or prowling in close proximity to children. 107 22. F.S. ch. 874 - criminal gang enforcement and prevention. 108 23. F.S. § 877.03 - breach of the peace: disorderly conduct. 109 24. F.S. ch. 893 - any offense under the Florida Comprehensive Drug Abuse 110 Prevention & Control Act, including but not limited to public nuisances as defined 111 by §893.138. 112 25. Any other offense under state or federal law that is punishable by a term of 113 imprisonment exceeding one year. 114 26. Two (2) or more calls for service within a period of thirty (30) calendar days to 115 the same property for police, fire, medic, or other emergency personnel to assist 116 an individual who displays the symptoms of an overdosed of a controlled 117 substance. 118 fel Nuisance Abatement Agreement. An agreement entered into between the City and {00177057.8 306-9001821} 4 Page 463 of 555 119 property owner that contains an "Action Plan" to be implemented by the property 120 owner to address and abate the nuisance activity. 121 ffl Nuisance Condition. Any temporary or permanent condition on the property which 122 arises from nuisance activity. 123 fg) Operator. Any agent: employee: property manager: tenant: sub -tenant: contractor: 124 sub -contractor: licensee: invitee: or other individual or entity that is authorized by 125 the property owner to supervise, manage, or otherwise control any activities which 126 may occur on the property. 127 (h) Pattern of nuisance activi , . Real property shall be deemed to exhibit a pattern of 128 nuisance activity when: 129 (1) The police department has responded to three or more nuisance activities at the 130 property within 30 days: or 131 (2) The police department has responded to seven or more nuisance activities at 132 the property within six months: or 133 (3) An alcoholic beverage establishment that employs private security is located on 134 the property and the police department has responded to five or more nuisance 135 activities at the property within 30 days or 20 or more nuisance activities at the 136 property within six months: or 137 (4) There is a failure to correct code violations by the time ordered by the special 138 magistrate in any order entered pursuant to section 26-77 of this Code. 139 Section 15-003 Construction and application. 140 (a) Pattern of nuisance activity will not be construed to include: 141 (1) A nuisance activity where the property owner, operator, agent, tenant, or 142 invitee of the property owner, agent or tenant is the victim of a crime: or 143 (2) A complaint or call for service to which the police department responded and 144 determined that no violation was committed. 145 (3) A Domestic violence call. {00177057.8 306-9001821} Page 464 of 555 146 Section 15-004 Separate occurrences. 147 (a) For purposes of this article, each day that the police department responds to a 148 nuisance activity at the property shall be a separate occurrence. 149 Section 15-005 Declaration of Chronic Nuisance : Action Plan. 150 (a) If a pattern of nuisance activity exists upon real property, the City may declare 151 the property to be a chronic nuisance property. The City's Declaration of Chronic 152 Nuisance shall be sent to the property owner by hand delivery or certified mail. 153 return receipt requested, to the address listed on the ad valorem tax roll. The 154 City's Declaration of Chronic Nuisance constitutes a Notice of Violation which. if 155 unaddressed in an executed Nuisance Abatement Agreement, may be prosecuted 156 by the City before the City's Special Magistrate. 157 (b) Mailing to the property owner at the address listed on the ad valorem roll shall be 158 prima facie proof of delivery. Notice shall also be posted at the property where 159 the nuisance activities occurred. Removal of the posted Notice without written 160 approval from the City is prohibited. The Declaration of Chronic Nuisance shall be 161 sent with at least the following information: 162 (1) A reference to chapter 15, article XIII (the "City of Boynton Beach Chronic 163 Nuisance Property Code" ): 164 (2) The address and parcel control number of the property;, 165 (3) The dates that the nuisance activities occurred at the property; 166 (4) A description of the nuisance activities: 167 (5) A proposed Nuisance Abatement Agreement which outlines the corrective 168 action to be taken by the property owner to remedy the nuisance activity. 169 (7) A statement that the property owner's failure to enter into the Nuisance 170 Abatement Agreement within 15 days of the Declaration of Chronic Nuisance 171 will result in a violation of this Article and further prosecution and enforcement 172 action by the City before the City's Special Magistrate or by other legal actions 173 available to the City: {00177057.8 306-9001821} Page 465 of 555 174 (8) A statement that the costs of any chronic nuisance services provided by the City 175 to a property that has been declared to be a Chronic Nuisance may be levied 176 against the property as a non -ad valorem assessment superior to all other 177 private rights, interests, liens, encumbrances, titles and claims upon the 178 property and equal in rank and dignity with a lien for ad valorem taxes: and 179 (9) A statement that unpaid assessments may be certified to the tax collector for 180 collection pursuant to the uniform method provided in F.S. § 197.3632. 181 (10) A warning that the posted notice cannot be removed except with written 182 permission from the City. 183 (c) A Nuisance Abatement Agreement shall set forth a Corrective Action Plan with 184 specific measures that the property owner must take to curtail or eliminate the re - 185 occurrence of nuisance activities at the property. The Nuisance Abatement 186 Agreement shall contain a timetable for corrective action. The Corrective Action 187 Plan may include abatement measures which must be taken by the property owner 188 such as: 189 (1) Commencement of an eviction action by the property owner pursuant to 190 Chapter 83 Florida Statutes to remove from the property those individuals 191 engaged in the nuisance activity: 192 (2) Implementation of "crime prevention through environmental design" (CPTED� 193 measures: 194 (3) Frequency of site visits and inspections by the owner or owner's agents at 195 various times of both day and night: 196 (4) Hiring of property management: 197 (5) Hiring of private security; 198 (6) Installation of security cameras: 199 (7) Use of a written lease agreement which delineates prohibited tenant or tenant 200 invitee conduct: {00177057.8 306-9001821} 7 Page 466 of 555 201 (8) Criminal background checks for prospective tenants and lease renewals: 202 (9) Posting of "no trespassing" signs at the property and execution of a "no trespass 203 affidavit" authorizing the police department to act as an agent of the property 204 owner to enforce trespass statutes on the property: 205 (10) Regular requests to the police department for offense and incident reports 206 relating to the property. Reports are available through the records custodian of 207 the police department records division; 208 (11) Written documentation of any and all efforts to curtail or eliminate the re - 209 occurrence of nuisance activities on the property; 210 (12) Other action that the City determines is reasonably sufficient to curtail or 211 eliminate the re -occurrence of nuisance activities on the property. 212 (d) The City may agree to modify the proposed or finalized Nuisance Abatement 213 Agreement when the property owner demonstrates that modification will improve 214 nuisance abatement action. 215 (e) When a Nuisance Abatement Agreement is entered into, a memorandum of 216 agreement specifying the property address shall be recorded by the City in the 217 official records of Palm Beach County Florida. 218 (fl The City will periodically monitor the property to assure compliance for a period of 219 one (1l year following execution of the Agreement. If the property owner complies 220 with the Agreement, as determined by the City, the Declaration of Chronic Nuisance 221 will be rescinded, the City will issue and record a Notice of Compliance related to 222 the Memorandum of Agreement that was previously recorded, and no further action 223 by the property owner shall be required. The City may require the property owner 224 to enter into a new Agreement if a nuisance activity re -occurs. 225 (g) If the City determines during the monitoring period that the Action Plan is not 226 adequate to curtail or eliminate the re -occurrence of nuisance activities on the 227 property. the City may require the property owner to revise the Action Plan. The 228 determination as to whether or not the monitoring period is adequate is in the sole {00177057.8 306-9001821} Page 467 of 555 229 and exclusive discretion of the City. based on the totality of the circumstances for 230 the specific property. 231 Section 15-006 Refusal To Sign or Violation of Agreement. 232 (a) When a property owner refuses to timely enter into a Nuisance Abatement 233 Agreement or subsequently violates the terms of an Agreement, the City may 234 prosecute its Declaration of Chronic Nuisance at a hearing before the City's Special 235 Magistrate. 236 (b) A request for hearing shall be filed by the Director of Community Standards or 237 designee with the City within 15 days from the deadline for entry into a Nuisance 238 Abatement Agreement or the violation of a provision of the Agreement or Action 239 Plan. 240 (c) The Citv shall schedule a hearing before the City's Special MaL-istrate. The hearin 241 shall be limited to the review of the record or evidence upon which the City based 242 the Declaration of Chronic Nuisance or the failure by the property owner implement 243 the Agreement/Action Plan and any rebuttal offered by the property owner. All 244 testimony shall be under oath and the City and property owner shall be afforded the 245 opportunity to call or cross -exam any witness. 246 (fl After hearing the testimony and evidence, the Special Magistrate shall either uphold 247 or reject (i) the City's Declaration of Chronic Nuisance or(ii) the notice of violation 248 regarding the Action Plan, as appropriate. 249 (g) The decision of the Special Magistrate shall be in writing and shall be deemed final. 250 (h) If the special magistrate upholds the notice of violation, the special magistrate shall 251 enter a Chronic Nuisance Order which shall: 252 (1) Contain findings of fact establishing a pattern of nuisance activity and a 253 violation of this article: 254 (2) Authorize the City to provide chronic nuisance services to the property; 255 (3) Authorize the City to bill the costs of any chronic nuisance services to the owner 256 of the chronic nuisance property: {00177057.8 306-9001821} Page 468 of 555 257 (4) Provide for the mailing of a copy of the chronic nuisance service order by first 258 class mail to any mortgagee of record. Failure to provide a copy of the chronic 259 nuisance service order to a mortgagee of record shall not operate to release or 260 discharge any obligation under this article or otherwise affect the validity of a 261 chronic nuisance service order; 262 (5) Provide for the recording of a certified copy of the Magistrate's chronic nuisance 263 service order in the public records; and 264 (6) Provide for continuing jurisdiction over the chronic nuisance property. 265 (i) If the Special Magistrate rejects the City's Declaration of Chronic Nuisance of chronic 266 nuisance notice of violation, the Special Magistrate shall identify the factual, 267 procedural or legal error upon which the decision is based. 268 (k) An Order rejecting the City's Declaration of Chronic Nuisance shall not bar the City 269 from recommencing the chronic nuisance process. 270 Section 15-007 Appeal of Orders of Special Magistrate 271 The property owner or the City may appeal a final order of Special Magistrate to the 272 circuit court of Palm Beach County. Such an appeal shall not be a hearing de novo. 273 but shall be limited to appellate review of the record created before the Special 274 Magistrate. An appeal shall be filed within thirty (30) days of the execution of the 275 order to be appealed. 276 Section 15-008 Finality and Duration of a chronic nuisance order. 277 (a) Finality of Special Magistrates order. An order is final 30 days following entry. 278 Entry means the order is signed by the Special Magistrate and filed with the Citv 279 Clerk. 280 (b) Duration of Chronic Nuisance Order. The chronic nuisance order entered in 281 accordance with this section shall be terminated by subsequent Order of the 282 Special Magistrate when either the City or the Property Owner request 283 reconsideration of the original Order and the Magistrate finds that the nuisance 284 activities have been abated at the property for a period of one year. It is the {00177057.8 306-9001821} 10 Page 469 of 555 285 responsibility of the Property Owner to contact the City to document the 286 abatement. If the City determines that the nuisance has been abated, the one-year 287 time period specified herein shall commence as of the date of the City's 288 abatement determination. 289 Section 15-009 Abatement of chronic nuisances: provision of services: 290 apportionment. 291 (a) Abatement by City. The nronerty owner is responsible for abatement of nuisances 292 on the property. In those circumstances when City staff, in consultation with the City 293 Attorney's Office, determines that conditions exist on the property that constitute 294 health and safety issues and the property owner has not taken remedial action, the 295 City may act in the interest of public health safety and welfare and take remedial 296 action. Example: the retention of stagnant water in pools, ponds, pots. or 297 containers that can serve as breeding sites for mosquitoes. The City may also take 298 abatement action when authorized to take action by a Special Magistrate or Lge. 299 The City's cost of taking remedial action shall be billed to the property owner and 300 such costs may be collected by the City by any legal means. 301 (b) Apportionment. City incurred costs in providing remedial action shall be entirely 302 apportioned to the assessed real property receiving the remedial service. 303 Section 15-010 Establishment of costs: billing of costs: notice of delinquency: 304 (a) Chronic nuisance service or remediation costs are established by City Commission 305 Resolution. 306 (b) Billing of chronic nuisance service or remediation costs. The City shall bill the 307 owner(s) of the chronic nuisance property by first class mail to the address listed on 308 the ad valorem tax roll. When there are multiple owners of a property, the City need 309 only bill one of the owners. The bill shall contain at least the following information: 310 (1) The address and parcel control number of the chronic nuisance property; 311 (2) The date of each chronic nuisance service: 312 (3) A brief description of each chronic nuisance service: {00177057.8 306-9001821} 11 Page 470 of 555 313 (4) The amount of the bill for each chronic nuisance service: 314 (5) A statement that the total amount of the bill shall be paid to the City within 30 315 days from the date of the bill and that any chronic nuisance service or 316 remediation cost which has not been paid within 30 days from the date of the 317 bill shall be delinquent: 318 (6) A statement that that any unpaid chronic nuisance service or remediation costs 319 will be levied against the property as a non -ad valorem assessment superior to 320 all other private rights, interests, liens, encumbrances, titles and claims upon 321 the property and equal in rank and dignity with a lien for ad valorem taxes: and 322 (7) A statement that unpaid assessments may be certified to the tax collector for 323 collection pursuant to the uniform method provided in F.S. § 197.3632. 324 (c) Notice of delinauencv. The total amount of the bill shall be raid to the Citv within 30 325 days from the date of the bill. Any chronic nuisance service or remediation cost 326 which has not been paid within 30 days from the date of the bill shall be delinquent. 327 If the property owner fails to pay the total amount of the bill within 30 days from 328 the date of the bill. the City shall notify the property owner of the delinquency. The 329 notice of delinquency shall be by first class mail to the address listed on the ad 330 valorem tax roll and shall contain at least the following information: 331 (1) The address and parcel control number of the property;, 332 (2) The amount of the delinquent billings, individual and total: 333 (3) A statement that that any unpaid chronic nuisance service costs will be levied as 334 a non -ad valorem assessment superior to all other private rights, interests, 335 liens, encumbrances, titles and claims upon the property and equal in rank and 336 dignity with a lien for ad valorem taxes: and 337 (4) A statement that unpaid assessments may be certified to the tax collector for 338 collection pursuant to the uniform method provided in F.S. § 197.3632. 339 (d) Construction of chronic nuisance service cost. Chronic nuisance service or costs 340 shall not include any amount attributable to general law enforcement activities or {00177057.8 306-9001821} 12 Page 471 of 555 341 the general enforcement of municipal codes upon a property that has not been 342 declared by the City to be a chronic nuisance and that has not received a chronic 343 nuisance service order from the Special Magistrate. 344 Section 15-011 Method of notice: construction. 345 (a) Notice. Unless otherwise provided, notice required by this article shall be by 346 certified mail, return receipt required and by first class mail to the address listed on 347 the ad valorem tax roll. Notice shall be posted at the property where the nuisance 348 activities occurred. 349 (b) Construction of notice. A property owner shall be deemed to have notice of a 350 nuisance activity if that property owner: 351 (1) has actual knowledge of the nuisance activity;. 352 (2) has received notice of the nuisance activity;. 353 (3) has reason to know about the nuisance activity;. 354 (4) knows about a fact related to the nuisance activity: or 355 (5) is able to ascertain the existence of a nuisance by checking an official filing or 356 recording. ng - 357 (c) The lack of knowledge of, acquiescence, or participation in, or responsibility for a 358 nuisance activity on the part of property owner shall not be a defense to any 359 enforcement of this article. 360 Section 15-012 Change in title to chronic nuisance property. 361 (a) Purchase at judicial sale upon final judgment of foreclosure. Every purchaser of a 362 chronic nuisance property at judicial sale upon final judgment of foreclosure shall 363 provide the City with an Action Plan and implement an Action Plan no later than 45 364 days from the date of sale. 365 (b) Receivership. Every trustee of a chronic nuisance property appointed after the entry 366 of a chronic nuisance service order shall provide the City with an Action Plan and {00177057.8 306-9001821} 13 Page 472 of 555 367 implement the Action Plan no later than 45 days from the date of appointment of 368 receiver in any state or federal action at law. 369 (cl Probate. Every personal representative of an owner of a chronic nuisance property 370 shall provide the City with an Action Plan and implement an Action Plan no later 371 than 45 days from the date of appointment. If the owner of the chronic nuisance 372 property died intestate, beneficiaries of the estate shall be required to provide the 373 City with an Action Plan and implement an Action Plan. 374 (d) Other chances in title to chronic nuisance property. An arms -length purchaser of a 375 chronic nuisance property that has purchased the property after entry of a chronic 376 nuisance service order for the property shall have 45 days from the date of closing 377 or recording of the order, whichever occurs last, to provide the City with a proposal 378 to release or modify a Nuisance Abatement Agreement or Action Plan. Until such 379 time as the City agrees to release or modify an Agreement. the Agreement shall be 380 enforceable as provided herein. 381 (e) To facilitate the transfer of property that is the subject of a chronic nuisance service 382 order or agreement. the City Manager is authorized without the necessity of City 383 Commission action, to modify Nuisance Abatement Agreements, waive the City's 384 rights under a Special Magistrate order, or compromise a fine or assessment owed 385 to the City, provided the City Manager has reasonable assurance the nuisance 386 conditions on the property will be remedied and will not re -occur under the new 387 ownership. 388 Section 15-013 Construction of Article. 389 (a) Levy of special assessments. This Article shall not be construed to limit the City from 390 levying special assessments in accordance with the amendments to the standard 391 unsafe building abatement code, as adopted bythe City. 392 (b) Monthly re -inspection assessments. This Article shall not be construed to limit the 393 City from imposing monthly re -inspection assessments in accordance with chapter 394 9, Article II, of this Code. {00177057.8 306-9001821} 14 Page 473 of 555 395 (cl Imposition of administrative fines. This Article shall not be construed to limit the 396 City from imposing administrative fines in accordance with Chapter 2. Article V. of 397 this Code. 398 (e) Exemptions. This article shall not be construed to apply to property owned by the 399 City or any other governmental entity. 400 (fl Provision of this article supplemental. Nothing in this article shall be construed to 401 limit the authority of the City to collect special assessments by any other method 402 according to law. 403 Section 15-014 Unpaid chronic nuisance service costs; non -ad valorem 404 assessment. 405 Anv chronic nuisance service costs that remain delinauent and unpaid as of lune 1 of 406 each year shall be a special assessment levied against the benefitted real property as a 407 non -ad valorem assessment superior to all other private rights, interests. liens. 408 encumbrances. titles and claims upon the benefited real nronerty and eaual in rank and 409 dignity with a lien for ad valorem taxes. 410 Section 15-015 Initial assessment roll. 411 (a) Contents of initial assessment roll. The Assistant City Manager -Administrative 412 Services shall, annually, prepare or direct the preparation of an initial assessment 413 roll which shall contain the following: 414 (1) A summary description of all benefited real property with delinquent chronic 415 nuisance service costs to be assessed, conforming to the description contained 416 on the ad valorem tax roll: 417 (2) The name of the owner of the benefited real property as listed on the ad 418 valorem tax roll and maintained on the property appraiser's system; and 419 (3) The amount of the chronic nuisance service costs to be assessed against each 420 parcel of benefited real property. {00177057.8 306-9001821} 15 Page 474 of 555 421 (b) Public inspection of initial assessment roll. The initial assessment roll shall be 422 retained by the City clerk and shall be open to public inspection. The foregoing shall 423 not be construed to require that the assessment roll be in printed form if the 424 amount of the chronic nuisance service assessment for each parcel of benefited real 425 property can be determined by use of a computer terminal available to the public. 426 (c) Notice to property appraiser. A copy of the initial assessment roll shall be provided 427 to the property appraiser and included as a part of the notice of proposed property 428 taxes under F.S. § 200.069, the truth- in-millage notification. 429 Section 15-016 Notice of public hearing. 430 (a) Public hearing. The City Commission shall adopt a non -ad valorem assessment roll 431 at a public hearing in accordance with F.S. § 197.3632. 432 (b) Notice by mail. The City shall notice the hearing related to the initial assessment roll 433 by first class mail. The notice by mail shall be sent to each person owning property 434 subject to the assessment and shall include the following information: 435 (1) The purpose of the assessment: 436 (2) The total amount to be levied against each parcel of assessed real property; 437 (3) A statement that failure to pay the assessment will cause a tax certificate to be 438 issued against the property which may result in a loss of title: 439 (4) A statement that all affected property owners have a right to appear at the 440 hearing and to file written objections with the City commission within 20 days 441 of the notice: and 442 (5) The date, time, and place of the hearing. 443 (c) The mailed notice shall conform to the requirements set forth in F.S. § 197.3632. 444 Notice shall be mailed at least 20 calendar days prior to the hearing to each property 445 owner at the address listed on the ad valorem tax roll. Failure of the property owner 446 to receive such notice due to mistake or inadvertence shall not affect the validity of 447 the assessment roll nor release or discharge any obligation for payment of a chronic 448 nuisance service assessment. {00177057.8 306-9001821} 16 Page 475 of 555 449 (d) Notice by publication. The City shall notice the hearing related to the initial 450 assessment roll by publication in a newspaper generally circulated within the 451 county. The published notice shall conform to the requirements set forth in F.S. 452 197.3632 and shall contain at least the following information: 453 (1) Identifying the City;, 454 (2) A geographic depiction of the City boundaries subject to the assessment; 455 (3) A brief and general description of the chronic nuisance services provided; 456 (4) The proposed schedule of the assessment; 457 (5) The fact that the assessment will be collected by the tax collector; 458 (6) A statement that all affected property owners have the right to appear at the 459 public hearing and the right to file written objections within 20 days of the 460 publication of the notice; and 461 (7) A statement that the initial assessment roll is available for inspection at the 462 office of the City clerk and that all interested persons may ascertain the amount 463 to be assessed against a parcel of assessed real property at the office of the City 464 clerk. 465 Section 15-017 Public hearing; adoption of final assessment roll. 466 (a) Public hearing. At the public hearing. the Citv Commission shall receive the written 467 objections and shall hear testimony from all interested persons. The City 468 Commission may adjourn the hearing from time to time. If the City Commission 469 adopts the non -ad valorem assessment roll. the City Commission shall specify the 470 amount of the assessment. Notwithstanding the notices provided for in this Article 471 of the Code. the City Commission may adjust the assessment or the application of 472 the assessment to any assessed real property based on the benefit which the City 473 will provide or has provided to the property. 474 (b) Adoption of final assessment roll. The City Commission may, at the public hearing or 475 at any subsequent meeting of the City Commission, adopt an assessment roll which {00177057.8 306-9001821} 17 Page 476 of 555 476 shall confirm, modify, or repeal the initial assessment roll with such amendments. if 477 any, as the City Commission deems equitable. 478 (c) Legislative determination of special benefit and fair apportionment. The adoption of 479 the final assessment roll by the City Commission shall constitute a legislative 480 determination that all assessed parcels of real property derive a special benefit from 481 the chronic nuisance services provided by the City and a legislative determination 482 that the assessments are fairly and reasonably apportioned to the properties. 483 Section 15-018 Lien of chronic nuisance service assessments. 484 Upon the adoption of the final assessment roll, all chronic nuisance service assessments 485 shall constitute a perfected lien against the assessed real property superior to all other 486 private rights, interests, liens, encumbrances, titles and claims upon the property and 487 equal in rank and dignity with a lien for ad valorem taxes. 488 Section 15-019 Correction of errors and omissions. 489 (a) Validity of assessment. Any informality or irregularity in the proceedings in 490 connection with the levy of a chronic nuisance service assessment shall not affect 491 the validity of the assessment after approval by the City Commission. A chronic 492 nuisance service assessment as finally approved by the City Commission shall be 493 competent evidence that the assessment was duly levied, made and adopted. and 494 that all other proceedings were duly taken. No act of error or omission on the part of 495 the property appraiser, tax collector. Assistant City Manager -Administrative 496 Services (or designee), or other employee of the City shall operate to release or 497 discharge any obligation for payment of a chronic nuisance service assessment 498 imposed by the City under this article. 499 (b) Correction of errors by director of financial services. Prior to the delivery of the 500 assessment roll to the tax collector in accordance with F.S. § 197.3632, the Assistant 501 City Manager -Administrative Services (or designee)shall have the authority at any 502 time to correct any error or omission in applying the assessment to any particular 503 parcel of assessed real property not otherwise requiring the provision of notice {00177057.8 306-9001821} Page 477 of 555 504 pursuant to F.S. § 197.3632. Any such correction shall be considered valid ab initio 505 and shall not affect the enforcement of the chronic nuisance service assessment. Anv 506 such correction shall be processed by the Assistant City Manager -Administrative 507 Services (or designee) and not the property appraiser or tax collector. 508 Section 15-020 Method of collection. 509 Unless otherwise directed by the City Commission, chronic nuisance service 510 assessments shall be collected pursuant to the uniform method provided in F.S. 511 197.3632. Any required hearing or notice may be combined with any other hearing or 512 notice required by F.S. § 197.3632 or other provision of law. 513 Section 15-021 Alternative method of collection. 514 (a) In lieu of using F.S. 197.3632, the City may elect to collect a chronic nuisance 515 service assessment by any other method authorized by law or under the alternative 516 collection method provided by this section. 517 (b) The Citv shall have the richt to foreclose and collect all delinauent chronic nuisance 518 service assessments in the manner provided by law for the foreclosure of mortgages 519 on real property. All costs, fees and expenses, including reasonable attorney fees 520 and title search expenses, related to any foreclosure action shall be included in any 521 Judgment or decree rendered 522 Section 3. City Staff is authorized to take all steps necessary to effectuate the 523 intent of this ordinance. 524 Section 4. All Ordinances or parts of Ordinances, Resolutions or parts of 525 Resolutions in conflict herewith be and the same are hereby repealed to the extent of 526 such conflict. 527 Section S. Should any section or provision of this Ordinance or any portion 528 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall 529 not affect the remainder of this Ordinance. 530 Section 6. It is the intention of the City Commission of the City of Boynton 531 Beach that the provisions of this Ordinance shall become and be made a part of the Code {00177057.8 306-9001821} 19 Page 478 of 555 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 564 565 566 567 of Ordinances of the City of Boynton Beach, Florida. The Sections of this Ordinance may be renumbered, re -lettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or phrase in order to accomplish such intention. Section 7. This Ordinance shall become effective upon adoption. FIRST READING this day of 2017. SECOND, FINAL READING AND PASSAGE this day of .2017. CITY OF BOYNTON BEACH, FLORIDA ATTEST: Judith A. Pyle, CMC City Clerk (Corporate Seal) {00177057.8 306-9001821} Mayor - Steven B. Grant Vice -Mayor- Justin Katz Commissioner -Mack McCray Commissioner - Joe Casello Commissioner - Christina L. Romelus 20 VOTE YES NO Page 479 of 555 ARTICLE VIII. NUISANCE ABATEMENT* Page 1 of 5 Print Boynton Beach, FL Code of Ordinances ARTICLEi *Editor's note -Ord. No. 92-48, §§ 1-7, adopted Oct. 8, 1992, enacted provisions pertaining to nuisance abatement. Inasmuch as such ordinance did not specify manner of codification, inclusion herein as Art. VIII, §§ 15-111-15-117, has been at the discretion of the editor. Cross references -Qualifications for appointment to boards, etc., generally, § 2-16; community relations board, § 2-101; children and youth advisory board, § 2-116; education advisory board, § 2-126 et seq. Sec. 15-111. Title. This article shall be known as the "Boynton Beach City Nuisance Abatement Ordinance." (Ord. No. 92-48, § 1, 10-8-92) Sec. 15-112. Definition. For the purposes of this article, the following definitions shall control: (a) Public nuisance: Any place or premises within Palm Beach County which has been used on more than two occasions, within a six (6) month period: (1) As the site of the unlawful sale, delivery, manufacture or cultivation of any controlled substance; (2) On one occasion as the site of the unlawful possession of a controlled substance, where such possession constitutes a felony and that has been previously used on more than one occasion as the site of the unlawful sale, delivery, manufacture, or cultivation of any controlled substance; (3) As the site of a violation of Florida Statute 796.07; or (4) Any place or building used by a youth and street gang for the purpose of conducting a pattern of youth and street gang activity as defined in Florida Statute Chapter 874. (b) Controlled substance: Any substance named or described in Schedules l through 5 of Florida Statute 893.03. Including any sub -stance sold in lieu of a controlled substance in violation of Florida Statute 817.563, or any imitation controlled substance defined in Florida Statute 817.564. (c) Board: The Code Compliance Board of the City of Boynton Beach. (d) City attorney: The legal counsel for the City of Boynton Beach, or his or her assistant city attorney or designee. (e) Clerk. The city clerk of the City of Boynton Beach or his or her designee. http:l/Iibrary.amlegal.com/alpseripts/get-content.aspx PNq/4597of 555 ARTICLE VIII. NUISANCE ABATEMENT* Page 2 of 5 (f) Sale or Delivery: The actual, constructive or attempted transfer of possession. (g) Youth and street gangs: "Youth and street gangs" means a formal or informal ongoing organization, association, or group of three (3) or more persons who: (1) Have a common name or common identifying signs, colors, or symbols; (2) Have members or associates who, individually or collectively, engage in or have engaged in a pattern of youth and street gang activity. (h) Pattern of youth and street gang activity: "Pattern of youth and street gang activity" means the commission, attempted commission, or solicitation, by any member or members of a youth and street gang of two (2) or more felony or violent misdemeanor offenses on separate occasions within a three-year period, for the purpose of furthering gang activity. (Ord. No. 92-48, § 2, 10-8-92; Ord. No. 96-02, § 1, 2-20-96) Sec. 15-113. Reserved. Sec. 15-114. Processing of complaints. (a) Any employee, officer, or resident of the city may bring a complaint before the board by filing a request for prosecution with the city attorney.. The request for prosecution shall be made under oath on a form prescribed by the city attorney. A copy of the request for prosecution shall be served by registered mail, return receipt delivery to the owner of the real property on -which the complained [of] activity is occurring and on the holder of the business tax receipt of any business located on the property. (b) When a request for prosecution has been received, the city attorney shall determine whether the request contains sufficient allegations to establish that a public nuisance as defined in this article exists on the premises. Upon such determination, the city attorney shall notify the police chief and the owner of the property, and in the case of a business the holder of the business tax receipt, that a request for prosecution has been received by the city and that the city attorney has determined that the petition is sufficient. The police department shall monitor the property for thirty (30) days prior to the city attorney requesting a hearing before the nuisance abatement board. If the police chief certifies that the public nuisance alleged in the affidavit has ceased during the thirty -day monitoring period, the city attorney may decline prosecution of the complaint. In the event of such declination, the city attorney shall notify the complainant. If the city attorney determines that the request is insufficient, the city attorney shall notify the complainant. (c) The board, through its clerk, shall schedule a hearing; a written notice of the hearing shall be sent to the owner of the real property on which the alleged nuisance is occurring and the holder of the business tax receipt for any business located on the property. Additionally, a copy of the notice of hearing shall be hand -delivered to any occupant of the premises, provided the occupant is above the age of fifteen (15) years. The clerk shall give at least five (5) days prior notice of any scheduled hearing. (d) The aforesaid notice of hearing shall include: (1) A notice of the time and place of the hearing; http://library.amlegal.com/alpscripts/get-content.aspx P_;)gej/4@j7of 555 ARTICLE VIII. NUISANCE ABATEMENT* Page 3 of 5 (2) A statement of the legal authority and jurisdiction under which the hearing is to be held; (3) A reference to the particular sections of the statutes and ordinances involved; (4) A short and plain statement summarizing the incidents complained of; and (5) A notice that any person requiring a verbatim transcript of the hearing must arrange for their own court reporter. (Ord. No. 92-48, § 4, 10-8-92; Ord. No. 06-096, § 2, 1-2-07) Sec. 15-115. Conduct of hearing. (a) The city attorney shall present cases before the board. All parties shall have an opportunity to present evidence and argument on all issues involved, to conduct cross examination and submit rebuttal evidence and to be represented, the opportunity to present testimony, provided said testimony is made under oath. The board may consider any evidence, including evidence of the general reputation of the place or premises. All testimony shall be under oath and shall be recorded. Former rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. Orders of the board shall be based on competent and substantial evidence, and the finding that a nuisance exists must be based on a "preponderance of the evidence" standard. (b) After considering all evidence, the board may declare the place or premises to be a public nuisance as defined by this article and may enter an order immediately prohibiting: (1) The maintaining of the nuisance; (2) The operating or maintaining of the place or premises including the closure of the place or premises or any part thereof, or (3) The conduct, operation or maintenance of business or activity on the premises which is conducive to such nuisance. All orders of the board shall be by motion approved by a majority of those members present and voting. The order shall be prepared by the city attorney and signed by the chairperson or vice chairperson of the board. (c) An order entered under subsection (b) shall expire alter one (1) year, or at such earlier time as stated in the order. The board may maintain jurisdiction to modify its order prior to the expiration of the order. (d) The police chief or his designees shall assist the board in carrying out any legal authorized order rendered pursuant to this article. Orders of the board may be enforced pursuant to the procedures set forth in Florida Statute 120.69. (e) In the event that orders of the board expire and/or are not complied with, or for any reason are ineffective, the board may then bring a complaint under Section 60.05 Florida Statutes, seeking a permanent injunction against any public nuisance described in this article. (f) A certified copy of the Nuisance Abatement Board order may be recorded in the public records of Palm Beach County, Florida, and shall constitute notice to any subsequent purchasers, successors in interest or assigns if the violation concerns real property and the finding therein shall be binding upon the violator and, if the violation concerns real property, any subsequent http://library.amlegal.com/alpseripts/get-content.aspx PNq/4$?7of 555 ARTICLE VIII. NT ISANCE ABATEMENT* Page 4 of 5 purchasers, successors in interest or assigns. If an order is recorded in the public records of Palm Beach County pursuant to this subsection and the order is complied with by the date specified in the order, the Nuisance Abatement Board shall issue an order acknowledging compliance that shall be recorded in the public records. A hearing before the Nuisance Abatement Board is not required to issue a Board order acknowledging compliance. (g) If the City prevails in prosecuting a case before the Nuisance Abatement Board, it shall recover all costs incurred in investigating and prosecuting the case before the board. (Ord. No. 92-48, § 5,10-8-92; Ord. No. 96-02, § 2, 2-20-96; Am. Ord. 98-05, § 1, 2-2-98) Sec. 15-115.5 Fines for noncompliance with orders; duration of lien. (a) The Code Compliance Board, upon notification by the City that an order of the Board has not been complied with by set time or, upon finding that a repeat violation has been committed, may order the violator to pay a fine in an amount specified in this section for each day the violation continues past the date set by the Code Compliance Board for compliance or in the case of a repeat violation, for each date a repeat violation continues beginning with the date the repeat violation is found to have occurred by the City. A fine imposed pursuant to this section shall not exceed $250.00 per day for the violation and shall not exceed $500.00 per day for a repeat violation. The total fines imposed pursuant to this section shall not exceed $5,000.00. (b) A certified copy of an order imposing a fine may be recorded in the public records and thereafter shall constitute a lien against the property upon which the violation exists. A lien arising from a fine imposed pursuant to this section runs in favor of the City and the City may execute a satisfaction or release of a lien entered pursuant to this section. The City shall be entitled to collect all costs incurred in the recording of and filing of a satisfaction of a valid lien. Upon petition to the circuit court, such order may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against personal property, but shall not be deemed a court judgment except for enforcement purposes. (c) After three (3) months from the filing of any lien that remains unpaid, the Code Compliance Board may authorize the City Attorney to foreclose upon the lien. No lien created pursuant to the provisions of this chapter may be foreclosed on real property which is "homestead" under Article X, Section 4 of the State of Florida Constitution. (d) No lien provided by this chapter or under the authority of Sections 162.01 et seq., Florida Statutes, shall continue for a period of longer than twenty (20) years after the certified copy of an order imposing a fine has been recorded, unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. In an action to foreclose on a line, the prevailing party is entitled to recover all costs, including reasonable attorneys' fees that it incurs in the foreclosure proceeding. The continuation of the lien effected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice, unless a notice of lis pendens is filed. (e) Nothing contained herein shall prohibit the City from enforcing its codes or ordinances by any other means. (Ord. 98-05, § 2, 2-2-98; Ord. No. 04-009, § 3, 3-16-04) Sec. 15-116. Judicial review. http://Iibrary.amlegal.com/alpscripts/get-content.aspx Pggq/4$?7of 555 ARTICLE VIII. NUISANCE ABATEMENT* Page 5 of 5 Any person aggrieved by any ruling or order of the board may seek review by petition for Writ of Certiorari in the Circuit Court of Palm Beach County. A petition for Writ of Certiorari shall be filed within thirty (30) days from the date of the written order appealed from and shall proceed in accordance with the Florida Rules of Appellate Procedure. (Ord. No. 92-48, § 6, 10-8-92; Ord. No. 96-02, § 3, 2-20-96) Sec. 15-117. Rights preserved. This article does not restrict the right of any person to proceed under either Section 60.05 or Section 823.05 Florida Statutes, against any public nuisance. (Ord. No. 92-48, § 7, 10-8-92) http://library.amlegal.com/alpseripts/get-content.aspx PgW-pf 555 13. B. LEGAL 6/6/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/6/2017 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R17-056 -Approve the Chronic Nuisance Service Costs Resolution. EXPLANATION OF REQUEST: To establish costs associated with each action taken by the City to address a chronic nuisance property. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This Resolution will establish reimbursable service costs based on the labor costs of the personnel providing the work that is actually incurred or required by the City's staff to address a chronic nuisance property. FISCAL IMPACT: Non -budgeted ALTERNATIVES: Do not pass the resolution. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type r REVIEWERS: Department Reviewer Description Resolution establishing Chronic Nuisance Service Costs Action D ate Page 485 of 555 Police Snow, Vanessa Approved Finance Howard, Tim Approved Legal Swanson, Lynn Approved City Manager LaVerriere, Lori Approved Page 486 of 555 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 RESOLUTION NO. R17 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, ESTABLISHING THE REIMBURSABLE SERVICE COSTS REGARDING CHRONIC NUISANCE PROPERTIES; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Commission approved Ordinance 17-012 amending Chapter 15 of the City's Code of Ordinances by creating Article VIII, "Chronic Nuisance Property Code" to identify and address properties that are not properly managed and/or maintained and which burden adjacent properties in the City; and WHEREAS, this resolution establishes reimbursable service costs based on the labor costs of the personnel providing the work or required by the City's staff to address a chronic nuisance property; and WHEREAS, the City Commission for the City of Boynton Beach approves the Chronic Nuisance Service Costs and finds it in the best interest of the health, safety and welfare of the citizens or residents of Boynton Beach to do so. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The above referenced whereas clauses are incorporated herein by 21 reference. 22 23 25 26 27 28 29 30 31 32 33 34 Section 2. CHRONIC NUISANCE SERVICE COSTS The chronic nuisance service costs shall be as follows: a. Each action taken by the City associated with a chronic nuisance property will be charged based on the labor cost of the personnel providing the work that is actually incurred by the City or required by the City's staff to address the chronic nuisance. b. Each chronic nuisance property will be charged for actual costs incurred by the City for hiring a contractor to abate the nuisance including but not limited to litter clean- up; lot mowing; debris removal; tree trimming; swimming pool clean-up; bee removal; pest control; board and secure; demolition; and other items as needed. C:AProgram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\68B3AB88-C359-4AOF-BEFO-DE464A72A008\Boynton Beach. 5670.1. Chronic Nuisance Service Costs - Reso.Doc Page 487 of 555 35 36 37 38 39 40 41 42 43 44 45 46 47 c. Each chronic nuisance property will be also be charged the cost incurred for the following services: 1. Recording Fees 2. Title Search 3. Postage — Certified Letter 4. Printing 5. Vehicle Usage 6. Technology Fee (5% of personnel time) Section 3: COMPLIANCE AND MONITORING COSTS Each action taken by the City for failing to comply with a special magistrate order entered 48 pursuant to Section 15-010 of this code will be subject to monthly reinspection assessments 49 for the actual time spent in reinspection of the violating property based on the rates specified 50 in Section 1.a. above. 51 Section 4. This Resolution shall become effective immediately upon its passage 52 and adoption. 53 PASSED AND ADOPTED this day of , 2017. 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Justin Katz Commissioner — Mack McCray Commissioner — Christina L. Romelus Commissioner — Joe Casello ATTEST: Judith A. Pyle, CMC City Clerk VOTE YES NO C:AProgram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\68B3AB88-C359-4AOF-BEFO-DE464A72A008\Boynton Beach. 5670.1. Chronic Nuisance Service Costs - Reso.Doc Page 488 of 555 77 (Corporate Seal) C:AProgram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\68B3AB88-C359-4AOF-BEFO-DE464A72A008\Boynton Beach. 5670.1. Chronic Nuisance Service Costs - Reso.Doc Page 489 of 555 13.C. LEGAL 6/6/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/6/2017 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 17-013- SECOND READING - PUBLIC HEARING - Approve the Local Register historic designation application for the site of the Boynton School (the Children's Museum) located at 129 E. Ocean Avenue, Boynton Beach. EXPLANATION OF REQUEST: The Boynton School is currently listed on the National Register of Historic Places but is not listed on the Boynton Beach Register of Historic Places (the Local Register). Alterations to National Register sites are not subject to review by the Historic Resources Preservation Board (NRPB) or Staff whereas alterations to Local Register sites are subject to review. The City is currently applying for a State grant to carry out repairs to the Boynton School. Adding the site to the Local Register will strengthen the application as the State will be assured that any grant -funded work will be reviewed for appropriateness. To qualify as a historic site, a property must have significance in American history, architecture, archaeology, engineering or culture, and possess integrity of location, design, setting, materials, workmanship, feeling, and association. The site must also be significant in one or more of the following areas: a) Association with events that have made a significant contribution to the broad patterns of the City's history; b) Association with the lives of persons significant in the City's past; c) Embodies the distinctive characteristics of a type, period or method of construction, or represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction; d) Has yielded, or may be likely to yield, information important in prehistory or history; or e) Is listed in the National Register of Historic Places. The Boynton School, built in 1913, is the oldest school building in the City. It is a fine example of the Masonry Vernacular style of architecture and is one of the last works of William W. Maughlin, a prominent local architect. The design and construction of the school reflects developments in the educational system of the community and Palm Beach County at that time. The site was added to the National Register of Historic Places in 1994. The structure retains almost all of its original architectural features and interior layout. Although some alterations have been undertaken, they have been carried out in a sensitive manner and do not significantly detract from the structure's historic character. As detailed in the designation application, the subject site is significant in a local context for its architecture and its association with the development of education. The site retains much of its integrity and meets criteria "a", "c" and "e" from the above list. Page 490 of 555 Therefore, the site meets the required criteria and is eligible to be added to the Local Register. The HRPB will consider the application at its meeting on May 8, 2017. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Adding the site to the Local Register will help raise public awareness of the City's Historic Preservation Program and will promote heritage tourism. The designation and protection of historic sites also meets the requirements of the Certified Local Government Agreement with the Florida Division of Historical Resources. FISCAL IMPACT: Adding the site to the Local Register will strengthen current and future historic preservation grant applications. ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance designating Boynton School (Children's Museum) as historic D Attachment Boynton School Designation Application REVIEWERS: Department Reviewer Action Date Planning and Zoning Rumpf, Michael Approved 5/8/2017 ® 5:33 PM Planning and Zoning Mack, Andrew Approved 5/8/2017 ® 5:38 PM Planning and Zoning Groff, Colin Approved 5/10/2017 ® 4:48 PM Finance Howard, Tim Approved 5/11/2017 ® 8:17 AM Legal Swanson, Lynn Approved 5/11/2017 ® 3:25 PM City Manager LaVerriere, Lori Approved 5/12/2017 ® 9:35 AM Page 491 of 555 I ORDINANCE NO. 17 - 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, DESIGNATING THE PROPERTY KNOWN AS 5 BOYNTON SCHOOL (THE CHILDREN'S MUSEUM) LOCATED 6 AT 129 E. OCEAN AVENUE, WHICH IS MORE FULLY 7 DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE; 8 PROVIDING A NON -SEVERABILITY CLAUSE AND AN 9 EFFECTIVE DATE. 10 11 WHEREAS, Chapter 4, Article IX, Section 6. of the City of Boynton Beach Land 12 Development Regulations provides for the designation and protection of historic sites in the 13 City of Boynton Beach; and 14 WHEREAS, Boynton School is estimated to be created in 1913 and the oldest school 15 building in the City; and 16 WHEREAS, the Historic Preservation Board of the City of Boynton Beach prepared a 17 designation report for the designation of Boynton School as a historic site and held a duly 18 noticed public hearing in regard to the designation of the property as an historic site at which 19 no member of the public spoke in opposition to the designation of the property as an historic 20 site; and 21 WHEREAS, the Historic Preservation Board of the City of Boynton Beach on May 8, 22 2017 recommended that the Boynton School be designated a historic site; and 23 WHEREAS, the City Commission of the City of Boynton Beach has conducted a 24 duly noticed public hearing in regard to the designation of the Boynton School as a historic 25 site. 26 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 28 Section 1. The foregoing whereas clauses are true and correct and are now ratified 29 and confirmed by the City Commission. C:AProgram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\234AF842-AA47-45AA-921F-934C1C47BB75\Boynton Beach. 5558.1.Historic_Designation_(Boynton_School_Childrens_Museum)_-_Ordinance.Doc -1- Page 492 of 555 I Section 2. The Boynton School is located at 129 E. Ocean Avenue and is hereby 2 designated as Boynton School in accordance with and under the provisions of Chapter 4, 3 Article IX, Section 6, of the City of Boynton Beach Land Development Regulations. 4 Section 3. It is the intention of the City Commission of the City of Boynton Beach 5 that this Ordinance and each and every of its terms be considered a part of a single whole and 6 that the Ordinance not be severable and that if a court of competent jurisdiction finds that any 7 section of this Ordinance is unlawful or unenforceable the Ordinance shall be unenforceable it 8 its entirety. 9 Section 4. This Ordinance shall become effective immediately upon its passage 10 and adoption. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 FIRST READING this day of , 2017. SECOND, FINAL READING AND PASSAGE this day of , 2017. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Justin Katz Commissioner — Mack McCray Commissioner — Christina L. Romelus Commissioner — Joe Casello ATTEST: Judith A. Pyle, CMC City Clerk VOTE YES NO (Corporate Seal) C:AProgram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\234AF842-AA47-45AA-921F-934C1C47BB75\Boynton Beach. 5558.1.Historic_Designation_(Boynton_School_Childrens_Museum)_-_Ordinance.Doc -2- Page 493 of 555 CITY OF BOYNTON BEACH City Applications and Codes Accessed Via Website PLANNING &ZONING DIVISION www.boynton-beach.or 100 East Boynton Beach Boulevard R• r' fl.us Boynton Beach, FL 33435 10-03-11 Phone: (561) 742-6260 1. GENERAL INFORMATION: This application must be filled out completely, accurately, and submitted as an original to the Planning and Zoning Division; an incomplete application will not be processed. Print legibly (in ink) or type all information. The application and designation processes are further described in Chapter 4, Article IX, Section 6.0 of the Land Development Regulations. M • One original and one copy of a completed application form. • Two copies of all supporting documentation and photographs. • One pdf copy of thea plication and supporting documentation. • The applicable fee of $15.00 as adopted by the City Commission (please make checks payable to the City of Boynton Beach) IT-rml 71-T17, mr, Site location map A map or survey identifying the boundary of the property to be designated Photographs showing the site, all building elevations, significant features of the site or structure photographs must be credited) A bibliography citing all references and sources e.g. titles of books, articles, websites and their author], photographic credits etc. used in completing the application. ------------------- Copies of construction drawings and building permits Historic photographs, maps and surveys Copies of newspaper and magazine articles, diary excerpts Transcripts of oral histories Cex.sus 412t2 2A4 Xist*ric iteels pr#vilikf ix.4rxk,2ti*A *x twxers 2xif tp-,t?xjts Florida Master Site File forms Information obtained from online sources Any other relevant supporting information 110911WIN - I - =t - M 1 EM's 1W, PZ'yi&yA 4111:1#111131-1 will RM-10WT111 III 0=* 0 0 In some cases it may be more convenient to submit two copies of a bound Designation Report including all images and documentation rather than submitting the application form with numerous 7-ttachments, especially if there is a substantial amount of supporting information. If this option is chosen an application form containing all required signatures must submitted; however, all other q-ections can refer the reader to the Designation Report. It is strongly recommended that all applicants refer to National Register Bulletins 15 and 16A which contain detailed information on designation requirements and the terms included in the application. The bulletins are published by the US Department of the Interior and can be viewed or downloaded from: http://www.nps.clov/p �/ubl�ication�s/. Page 494 of 555 1. Property Name/Proposed Name: BoyntonSchool Reason for selecting this name: National Register name 2. Property Address: 129 E. Ocean Avenue 3. Parcel Control Number (PCN)*: 08 - 43 - 45 - 28 - 05 - 014 - 0020 6T—Y F�NG -FW—P S—EC 9-1 B BLK LOT List all II on an attached addendum for applications comprised of multiple lots. IIIII I 1 1 1 1 111 9 M 01 - Area Seacrest Blvd RNV) & Par Labeled Public School Blk 14 11 11 - •. * 1 '/`#.. HER= i -� - 1, ,i iI Is - rt W 0 r! a . - 0 1 6. Existing Zoning District (from Official Zoning Map): PU Public Usage 7. Is the property located in the Community Redevelopment Agency area? Yes X No ii. If yes to Question #7 above, what is the name of the applicable redevelopment plar.9 - Boynton Beach Community Redevelopment Plan M160311MEWM MMNMEM�r •� Commercial El Public Building Ai pmu�� I'MMI IMM, I I Is the site or structure located in a Local or National Historic District? Yes A If the site or structure is in a district, is it a contributing site or structure? Yes WK NOW zM 2 Page 495 of 555 1. Original Use of Property: School [WERIMMAI-toperty: Museum 2. Architectural Style: Masonry Vernacular 3. Architect (if known): William W. Maughlin W - - 0 of 3 go. , Iplication M Source: Florida Master Site File form and National Register application ,ii. Has the structure been altered e.g. new windows, change of roof covering etc? Yes X No Details (include descriptions, dates, and sources, continue on a separate sheet if reguired) See Attachment G 7. Have any additions been made to the property e.g. extra rooms, extensions? Yes El No X Details (include descriptions, dates, and sources, continue on a separate sheet if required) 3 Page 496 of 555 2. Has the structure been moved? Yes 0 No X Details (Include descriptions, dates, and sources, continue on a separate sheet if required) 1. Foundation: Concrete stem walls and piers 2. Structural System: Mason[y 3. Exterior Walls: Concrete Block 4Roof Types & Materials: Hip, Metal Shingles 5. Chimney Number & Materials: 0 6. Windows Type & Materials: Wood frame, fixed, 1/1 7. they Materials e.g. Facings, Veneers, Decorative Elements: —See Attachment F C. CURRENT CONDITION OF SITE & STRUCTURES Excellent X Good 0 Fair 0 Poor El WoMff 11 VN7 M List details of any other significant features not included above e.g. exterior building features and ornamentation, interior features, landscape features, etc. 4 Page 497 of 555 Describe any historically significant events associated with the site or structure. Em .1-rovide details of any historically significant persons associated with the site or structure. ff known, also include details of the original owners. IUD 071;=De anj Knolln arcnaeuiogy • 5 Page 498 of 555 IV. SIGNIFICANCE A site or structure must have significance in American history, architecture, archeology, engineerim! or culture and possess integrity of location, design, setting, materials, workmanship, an -4 association. Usually, a structure must also be at least 50 years old. In addition to having integrity, the site or structure must also meet at least one of the followirli"o criteria. Check all criteria that apply to the site or structure. I X Is associated with events that have made a significant contribution to the broad patterns of the City's history. 0 Is associated with the lives of persons significant in the City's past. X Embodies the distinctive characteristics of a type, period or method of construction, or represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction. VIM— IMT Ordinarily cemeteries, birthplaces, graves of historical figures, properties owned by religious institutions or used for religious purposes, structures that have been moved from their original locations, reconstructed historic buildings, properties primarily commemorative in nature, and properties that have achieved significance within the past 50 years shall not be considered eligible for the Boynton Beach Register of Historic Places. However, such properties will qualify if they are integral parts of districts that do meet the criteria or if they fall within the following categories: 2. A religious property deriving primary significance from architectural or artistic distinction or historical importance; or b. A building or structure removed from its original location but which is primarily significant for architectural value, or which is the surviving structure most importantly associated with a historic person or event; or c. A birthplace or grave of a historical figure of outstanding importance if there is no appropriate site or building associated with his or her productive life; or d. A cemetery that derives its primary importance from graves of persons of transcendent importance, from age, from distinctive design features, or from association with historic events; or e. A reconstructed building when accurately executed in a suitable environment and presented in a dignified manner as part of a restoration master plan, and when no other building or structure with the same association has survived; or f. A property primarily commemorative in intent if design, age, tradition, or symbolic value has invested it with its own exceptional significance; or 6 Page 499 of 555 Whereas the Criteria for Significance listed above identify the site or structure's association with history, the Area of Significance identifies sub -areas within the history field to which the property relates. At least one area of significance from the following list must be identified for a site or structure to be eligible. Check the Areas of Significance that apply. INKS-TOTIT =- 0 Engineering ❑ Entertainment/Recreation ❑ Ethnic Heritage ❑ Exploration/Settlement ❑ Health/Medicine ❑ Industry ■ • Planning & Dev. ■ • 0 Conservation 0 Landscape Architecture ❑ Economics ❑ Law X Education ❑ Literature ME= ❑ Maritime History ❑ Military 0 Performing Arts ❑ Philosophy ❑ Politics/Government ❑ Religion ❑ Science ❑ Social History ❑ Transportation "the length • time when a property was associated with r•r events, activities, •i persons, or -?.ttained the characteristics which qualify it for National Register listing. Period of significance usually begins with the date when significant activities or events began giving the property its historic significance; this is often a date of construction. For prehistoric properties, the period of significance is the broad span of time about which the site or district is likely to provide information; it is often the period associated with a particular cultural group." For the site • an important event, such as a pivotal • labor strike, the period • significance is the time when the event occurred. For properties associated with historic trends, such as commercial development, the period of significance is the span of time when the property actively contributed to the trend. For a property associated with a significant person, the period of significance is usually the length of time the property was associated with the important person. For architecturally significant properties, the period of significance is the date of construction and/or the dates of any significant alterations and additions. The period of significance for an archeological site is the estimated time when it was occupied or used • • related to its •• for example, 3000-2500 B.C. Identify and • the periods • • associated with the site • structure: 1913 — date • construction 7 Page 500 of 555 Based on the above, explain the site or structure's integrity and significance. Include any biographical data on significant persons, architects, builders if known. Continue on a separate sheet if necessary. (Provide typed attachment if preferred). See Attachment I All sources cited in this application must be included in the bibliography. Continue on a separa' sheet if necessary. (Provide typed attachment if preferred). i See Attachment J 8 Page 501 of 555 NW11 11211:12104 "'UMMI11"01'a 1. Name: City of Boynton Beach 2. Address: 100 E. Boynton Beach Blvd., P.O. Box 310 City: Boynton Beach State: Florida —Zip Code: 33425 �M=Q,qmsll - 3. Interest in Property (check one)*: Owner X, Agent 0, Contract Purchaser F-1, * Include a copy of the last recorded Warranty Deed with all applications. a. Include written consent of all property owners of record if subject property is under joint or multiple ownership. b. If an authorized agent, include a copy of the Agent Agreement or written consent by the seller(s) and owner(s). B. PROPERTY OWNER INFORMATION: 1. Name of Property Owner (Trustee): As above Rjore-71TATT-TKIT05 =- no Ffjl�� �OM[01,151 wofj• 1. Rame: * All correspondence will be mailed to the agent unless there is no agent of record, in which case, all corresponden will be mailed to the applicant. This party will receive agendas, letters, and other material. i Company Name: 2. Address: City: Phone: D. AUTHORIZATION OF AGENT: pm Signature of Owner(s) or Trustee, of authorized principal if property is owned by a corporation or ,iither business entity, xv FATOT070 Me- Me - 711M2 M 9 Page 502 of 555 CERTIFICATION: (1) (We) understand that this application and all papers and plans submitted herewith become part of the permanent records of the Planning and Zoning Division. (1) (We) hereby certify that the above statements or showings in any papers or plans submitted herewith are true to the best of (my) (our) knowledge and belief. This application will not be accepted unless signed according to the instructions below. Signature of Owner(s) or Trustee, of Date authorized principal if property isowned by a corporation or other business entity. OR Signature of contract purchaser (if applicant). Date A representative must be present at all Historic Resources Preservation Board (HRP13) meetings and City Commission meetings held to review this application. The public noticing requirements contained herein shall be applicable to all historic site designation applications. Pursuant to City of Boynton Beach Ordinance 12-016, no quasi-judicial proceeding shall proceed until proof of notice of the proceeding, in affidavit form, has been filed with the Office of the City Clerk and copied to Planning & Zoning. Proof of notice must include the name and address of each property owner to whom notice was mailed and a photograph of each sign posted, as hereinafter required. The following notices must be paid for and provided by the applicant: A. MAILING: The applicant shall mail a notice of the time, place and subject matter of the public hearing to all individuals and associations owning or having control over abutting or adjacent property as determined by the Historic Preservation Planner. Property owner details may be obtained from the Palm Beach County Property Appraiser website or by contacting one of the offices listed below. A copy of the notice and a list of the property owners contacted shall be mailed to the Planning and Zoning Division, City of Boynton Beach. All notices shall be mailed by first class mail and postmarked no less than 10 calendar days before Eye public hearing. ru I an, no am LVI 0 44 3 M" N , = -• . M. I &Am- 0 10 Page 503 of 555 B. SIGNAGE: One (1) sign for each street frontage of the property shall be posted no less than 1 calendar days prior to the hearing. Signs shall be legible from a distance of 100 feet and shall contain description of the approval being sought, the date, time and location of the hearing, and a stateme that the application being considered is available for inspection in the Development Department of t City of Boynton Beach. Minimum sign size shall be 24" wide by 18" high. ■ IVUVAAM��M 01 ama � rNT-M I ON 13- I .ocation: City Commission Chambers, City Hall 100 East Boynton Beach Boulevard I nformation: Department of Development (561) 742-6757 The application may be inspected at the Development Department, City of Boynton Beach I C. POSTPONEMENT: When a quasi-judicial hearing is tabled or continued at the request of an applicant, re -notice of the hearing shall be provided by the applicant in the same manner as the original notice. 1. Applicants who wish to utilize City electronic media equipment for presentations at Histori# Resource Preservation Board and City Commission Public Hearings must notify the Planning and Zoning Department representative at least one (1) week prior to the scheduled meeting; 2. The notification is to include the scope of support to be provided, including the correspondir"r* agenda item, type of media, materials and equipment needed, along with contact informatim for the applicant; I 3. The department representative will notify the I.T.S. Department at least two (2) working days pd2r to the meeting to schedule technical support; 4. A copy of the items to be presented must be delivered to the I.T.S. Department no later than 6:00 p.m. on the working day preceding the Commission meeting. At the conclusion of the meeting, these items will be returned to the department representative who originated the request; 5. In the event that media or materials are defective, I.T.S Department. will notify departme representative by noon of the day of the meeting. 6. At least thirty minutes prior to the Commission Meeting, non -City individuals will meet with the I.T.S. Department representative to finalize procedures. 11 Page 504 of 555 AMMOT-AVAI UI 9 AI o7ATA Ill' M, e; W, A, t Mte Project Name: File #: I / We, the undersigned do certify that to the best of my knowledge, the attached ownership list is complete and accurate representation of the real estate property and property owners abutting or adjace to the above -referenced property as determined by the Historic Preservation Planner. This reflects t most current records on file in the Palm Beach County Property Appraiser's Office. Site signs were posted on the premises a minimum of 10 days in advance of the public hearing accordance with City Ordinance 12-016. Attached, are photographs of the signs showing their placerne on the property and the abutting right-of-way. Sincere Y, A�p ficant /`Agent IMMIT•� S:\Planning\Shared\WP\Spec Proj\Historic\Application Forms\Historic Site Designation Application.doc IN Page 505 of 555 Boynton Beach Register of Historic Places Designation Application Boynton School April 26,2017 129 E. Ocean Avenue Um List of Illustrations Attachment A: Location Map Attachment B: Existing Elevations and Plans (1996) Attachment C: Original Elevations (1912) Attachment D: Exterior and Interior Photographs Attachment E: Historic Photographs Attachment F: Site and Building Description Attachment G: Alterations Attachment H: History Attachment 1: Statement of Significance Attachment J: Bibliography 0 Page 506 of 555 I , 4 April 26, 2017 Fig. 1: Location Fig. 2: South Elevation (1996) Fig. 3: North Elevation (1996) Fig. 4: East Elevation (1996) Fig. 5: West Elevation (1996) Fig. 6: First Floor Plan (1996) Fig. 7: Second Floor Plan (1996) Fig. 8: Attic Plan (1996) Fig. 9: South Elevation (1912) Fig. 10: North Elevation (1912) Fig. 11: East Elevation (1912) Fig. 12: West Elevation & N -S Section (1912) Fig. 13: South Elevation, Looking N Fig. 14: North Elevation, Looking SE Fig. 15: West Elevation, Looking NE Fig. 16: East Elevation, Looking W Fig. 17: High School & Plaza, Looking NW Fig. 18: Playground & Amphitheater, Looking N Fig. 19: Stairs Fig. 20: Door & Wainscoting Fig. 21: Stairs & Attic Stairs Fig. 22: Stair Wainscoting Fig. 23: Interior Door & Windows Fig. 24: Windows Fig. 25: West & South Elevations During Construction c.1912 Fig. 26: West & South Elevations c.1913 Fig. 27: South & East Elevations, no date Fig. 28: South & East Elevations Prior to Awning Windows, no date Fig. 29: South Elevation 0994 Fig. 30: East & North Elevations c.1994 Fig. 31: East Elevation c.1994 Fig. 32: North &West Elevations c.194 Fig. 33: Stairs c.1994 Fig. 34: Hallway c.194 Fig. 35: Attic Stairs c.1994 Fig. 36: Interior Details 0994 Fig. 37: Sanborn Map 1924 Fig. 38: Plat Map c.1 950s Fig. 39: Site Aerial Fig. 40: Belfry, Looking SE Fig. 41: Entry Porch, Looking N Fig. 42: East Entrance Door Fig. 43: Awning Windows, AC Units, West Canopy 1994 Fig. 44: Front Entrance Access Ramp 1994 Fig. 45: Access Ramp Fig. 46: Enlarged Access Opening Fig. 47: Original Fire Escape Stairs Fig. 48: New Fire Escape Stairs, New Door, Blocked Window Fig. 49: 1953 Aerial Fig. 50: Green Space to the South (c.1994) Fig. 51: Green Space to the East (c.1994) Fig. 52: Original North Elevation Fig. 53: Existing North Elevation All photographs by W. Adams unless indicated in text. Boynton School 129 E. Ocean Avenue Page 507 of 555 Boynton Beach Register of Historic Places Designation Application Boynton School April 26, 2017 129 E. Ocean Avenue IW*TT-Ti MoM • Fig. 1: Location (Palm Beach County Property Appraiser Website) Page 508 of 555 MMUMMMA7 FITRI M, April 26, 2017 I-Mmig M. =Mim: J LAI;L -.- --.- maw"I 2 TIM Page 509 of 555 Boynton Beach Register of Historic Places Designation Application Boynton School April 26, 2017 129 E. Ocean Avenue IT-- j LL! OR, mm Fig. 5: West Elevation (Robert Currie Partnership, Inc. Sowards Eliopoulos,1996) (not to scale) Page 510 of 555 . . ....... . ... .... . . .. 4 i� i E 1, F1 u mm Fig. 5: West Elevation (Robert Currie Partnership, Inc. Sowards Eliopoulos,1996) (not to scale) Page 510 of 555 Boynton Beach Register of Historic Places Designation Application Boynton School April 26, 2017 129 E. Ocean Avenue I:M= F2T�IFAMT-TrMr*jNr* MM MMI: n4 -TM ", I I'' II I i Page 511 of 555 Boynton Beach Register of Historic Places Designation Application Boynton School April 26, 2017 129 E. Ocean Avenue 9 Page 512 of 555 Boynton Beach Register of Historic Places Designation Application Boynton Schoci April 26, 2017 129 E. Ocean Avenue Fig. 9: South Elevation (W.W. Maughlin, 1912) (not to scale) Fig. 10: North Elevation (W.W. Maughlin, 1912) (not to scale) Page 513 of 555 Boynton Beach Register of Historic Places Designation Application Boynton School April 26, 2017 129 E. Ocean Avenue —CA*'r—ELEV,kTI43W— Fig. 12: west tievation & N -b becuon kvv.vv. iviaugumn, 1U 14) kI1UL LU bL;dIU) Page 514 of 555 Boynton Beach Register of Historic Places Designation Application Boynton School April 26, 2017 129 E. Ocean Avenue Fig. 13: South Elevation, Looking N (4/18117) Fig. 14: North Elevation, Looking SE (4/18/17) Fig. 15: West Elevation, Looking NE (4/18/17) Fig. 16: East Elevation, Looking W (4118/17) Fig. 17: High School & Plaza, Looking NW (4/18/17) 10 Fig. 18: Playground & Amphitheater, Looking N (4/18/17) Page 515 of 555 Boynton Beach Register of Historic Places Designation Application Boynton School April 26, 2017 129 E. Ocean Avenue VMMUM.M.LM• Fig. 19: Stairs (4120117) Fig. 20: Door & Wainscoting (4120117) Fig. 21: Stairs & Attic Stairs (4/20/17) Fig. 22; Stair Wainscoting (4120/17) Fig. 23: Interior Door & Windows (4/20/17) 1I Fig. 24: Windows (4/20/17) Page 516 of 555 Boynton Beach Register of Historic Places Designation Application Boynton School April 26, 2017 129 E. Ocean Avenue RI=m"n, -Lim Fig. 25: West & South Elevations During Construction c.1912 Fig. 26: West & South Elevations c.1913 12 Page 517 of 555 Boynton Beach Register of Historic Places Designation Application Boynton School April 26,2017 129 E. Ocean Avenue Fig. 28: South & East Elevations Prior to Awning Windows, no date '13 Page 518 of 555 Boynton Beach Register ofHistoric Places Designation Application Boynton School Apri 126, 2017 129 E. Ocean Avenue Fig. 29: South Elevation c. 1994 (National Register of Historic Places Registration Form) Fig. 30: East 8North Elevations c.1984(National Register ofHistoric Places Registration Form) M Page 519 of 555 Boynton Beach Register of Historic Places Designation Application Boynton School April 26, 2017 129 E. Ocean Avenue Fig. 31: East Elevation c.1994 (National Register of Historic Places Registration Form) Fig. 32: North &West Elevations c.1994 (National Register of Historic Places Registration Fonn) I w Page 520 of 555 Boynton Beach Register of Historic Places Designation Application Boynton School April 26, 2017 129 E. Ocean Avenue Fig. 33: Stairs c.1994 (National Register of Historic Places Registration Form) Fig. 35: Attic Stairs c.1994 (National Register of Historic Places Registration Fonn) Fig. 34: Hallway c.1994 (National Register of Historic Places Registration Form) Fig. 36: Interior Details c.1994 (National Register of Historic Places Registration Form) 16 Page 521 of 555 Boynton Beach Register of Historic Places Designation Application Boynton School April 26, 2017 129 E. Ocean Avenue V0 The structure is located on original site at 129 E. Ocean Ave. (aka 141 E. Ocean Ave.)on north side of E. Ocean Avenue between N. Seacrest Boulevard and NE 1st Street. Originally, the school appears to have been located on Lot 2, Block 14 of Sawyer's Addition as shown on the Sanborn Map from 1924. By approximately the 1950s, the site had been amended to the southern halves of Lots 2 and 3 of Block 14 of Sawyer's Addition. At some point the site was expanded to an irregularly shaped site comprising Lots 2 & 3 art -4 parts of • and w Block 14 Addition. Fig. 39: Site Aerial (Palm Beach County Property Appraiser Website) The site is 2.02 acres in area and contains the 1913 school building, a brick paver sculpture plaza, a surfaced parking lot, the Kids Kingdom playground, an amphitheater, and areas of green space. To the north of the site is the City Hall complex which contains the police and fire stations, to the south is the library and civic center complex, to the east is a surfaced parking lot, and to the west, across N. Seacrest Boulevard is the First United Methodist Church. Immediately to the west of the 1913 school building is the historic 1927 High School building which is listed on the Local Register of Historic Places. 17 Page 522 of 555 I � .• P .�, ,C E , OCEAN At some point the site was expanded to an irregularly shaped site comprising Lots 2 & 3 art -4 parts of • and w Block 14 Addition. Fig. 39: Site Aerial (Palm Beach County Property Appraiser Website) The site is 2.02 acres in area and contains the 1913 school building, a brick paver sculpture plaza, a surfaced parking lot, the Kids Kingdom playground, an amphitheater, and areas of green space. To the north of the site is the City Hall complex which contains the police and fire stations, to the south is the library and civic center complex, to the east is a surfaced parking lot, and to the west, across N. Seacrest Boulevard is the First United Methodist Church. Immediately to the west of the 1913 school building is the historic 1927 High School building which is listed on the Local Register of Historic Places. 17 Page 522 of 555 Boynton Beach Register of Historic Places Designation Application Boynton School April 26, 2017 129 E. Ocean Avenue Building- Exterior uilding Exterior Much of the following interior and exterior architectural information has been adapted and updated from the 1994 National Register application'. The Boynton School is a T-shaped, two-story, masonry Vernacular building resting on concrete stem walls and pier footings. The style is emphasized by the use of rusticated cast concrete block and quoins on the exterior. The building features a low-pitched, hipped roof covered with metal shingles and wood frame doors and windows which contain impact glass. Although the windows resemble the original 1/1 sash and case windows, they do not open. The windows have cast concrete sills and lintels. Fig. 40: Belfry, Looking SE (4/18117) South Elevation One of the most distinguishing features of the building is the central belfry. Its tower is covered with sheets of decorative tin plate designed to resemble the rusticated concrete block. The tower is crowned with a low-pitched pyramid roof and is flanked on the north and south sides by railings fixed between short piers extending from the tower base. The primary feature on the south (front) elevation is the arched, hipped roof entry porch. It is accessed by three concrete risers with metal handrails which are flanked by concrete side walls. The porch area has a concrete floor and wooden ceiling. The east side of the porch has a rectangular opening with a cast concrete sill. The west side originally had a similar opening; however, it was enlarged in 1996 to form an entrance to the building from the disabled access ramp which was also installed at that time. The main entrance to the building is via a wooden double door with single -light windows and a three - panel transom. Wood frame windows flank the entrance doors. Above the porch at second floor level is a double central window flanked by single windows. Extending beyond the porch sides are the east and west ends of the main block of the building. On each story of these elevations there are two single windows. Fig. 41: Entry Porch, Looking N (4/18117) 1 Boynton School National Register of Historic Places Registration Form, January 1994 in Page 523 of 555 Boynton Beach Register ofHistoric Places Designation Application Boynton School April 26, 2017 129 E. Ocean Avenue West Elevation The west elevation has mvvooden double door with three - light transom accessed by five risers flanked by concrete side vxa||a. There one two windows on either side of the entrance. []nthe second story is e central double window with two single windows on each side. The front (south) projection has two windows on the first floor and two windows onthe second floor. East Elevation The east elevation generally mirrors the west elevation apart from the front (south) projection which has two windows on the second floor but only one onthe first floor. North Elevation Fig. 42:East Entrance Door (4U8M7) The north (near) elevation has two single entrances with glazed wood frame doors and transomm, one directly above the other on each floor. The doors are linked byoconcrete and steel fire escape stair which runs perpendicular to the building. To the right (west) of each door is a band of four single windows. On either side of the bands of windows on each floor are two oinQ|o windows. First Floor The main entrance on the south elevation |amde directly into lobby which provides access to rantuoomo.the first floor hall, the stairway hmthe second floor, and the gift shop. The first floor hall is a rectangular space that provides access to the elevator and three former rectangular classrooms which now house museum and exhibition space and archives. Although there was some reconfiguration in 1Q@0for the installation ofnew namtronmm and the e|evabor, the main public exhibition mpauoo comprising the ho||s, nbaira, and former o|aaanooma retain their original spaces. The original stairs and ba|uatnadeo, vvminacoting, wall p|aabor, dour and window surrounds, and wood flooring remain. Second Floor The second floor hall provides access to restnonms, the attic etainy. and the second floor hall, which in turn leads to three former rectangular u|oomrooma which now house museum and exhibition space. As with the first floor, the main spaces are ndaUwa\y unaltered and most of the decorative woodwork and p|enterwmrkhas been retained. 19 Page 524 of 555 Boynton Beach Register ofHistoric Places Designation Application Boynton School April 26, 2017 129 E. Ocean Avenue Removal of original wood frame double -hung windows and installation of metal frame awning windows, some of which contained window -mounted AC units Construction of a canopy attached to the west elevation Construction of a wooden disabled access ramp at the entrance Replacement roof shingles Repairs to belfry, new aluminum handrail, installation of lights Replacement of front entrance and side entrance stairs Removal of wooden disabled access ramp, installation of new disabled access ramp and enlarging of original porch west opening to provide access from ramp Fig. 45: Access Ramp (4/18/17) NE Page 525 of 555 Boynton Beach Register of Historic Places Designation Application Boynton School April 26, 2017 129 E. Ocean Avenue Removal of rear fire escape stairs, creation of two windows from original fire escape doors, installation of new fire escape stairs and creation of new second floor fire escape door from existing window Fig. 47: Original Fire Escape Stairs (National Register Application Form, 1994) MM 901 Removal of existing doors and installation of new wood and metal doors Removal of metal frame awning windows and installation of wood double -hung windows with aluminum storm panels Removal of west elevation canopy Construction of sculpture plaza Removal of existing restrooms and installation of new reconfigured restrooms Installation of sprinklers, new electrics and new AC mechanical system Installation of dropped ceiling on first floor (to hide new mechanical system) Installation of new elevator Removal of interior partitions, plaster and beading repairs, installation of new wood doors 301 IMM -1 M-1 L! • Z 0 - .• • Construction of amphitheater, seating, restrooms, and plaza bell tower • Installation of museum displays, theater, storage 2001 • Installation of cut letter sign around entrance arch, installation of plaza clock • Installation of security system PME 0 Removal of existing amphitheater and construction of new amphitheater 2011 • Installation of new wood frame, impact resistant doors and windows, interior flooring repairs 21 Page 526 of 555 Boynton Beach Register of Historic Places Designation Application Boynton School April 26, 2017 129 E. Ocean Avenue followingThe • are copied from9 # Register of Historic Places Registration ForM2 . They provide the history (with Bibliography) of the Boynton School up until 1994. The history of aF • "R at the end. National Register Continuation Shoot Boynton r,Boynton Beacl Palm Beach Co., FL Section number In 1850t the Trustees of the Internal improvement Fund of the state of Florida granted the Florida Coast Line Canal and Transportation Company' land i+ rt' Beach.1 This transfer was in accordance policy to promote development by giving public lands to those who would create canals and railroads. becomewould eventually o .r.slowly progressing southward developers.east coast of Florida. The era of canal transport had passed its peak, however, and the Canal Company soon began selling some of its lands to real estate tract in the Boynton Beach area to Albert M Massachusetts manufacturer developer.Sawyer's purchase included what was shown on a iqo2 plat as "Sawyer's Addition to the Town of Boynton." 1892, Henry M.Flagler, the primary coast,developer of Floridas east M w and ,♦ entered y a businessagreement w ,m gave the Flagler interests control over a large amount of Boynton Major Nathan Boynton first visited South Florida in 1895. He was t #k A. Linton,o had staked out ! s' 2 Ibid. I Dade County (FL) Register of Deeds, Book D, p.360-370. EdwardN. Akin, Flagler, RockefellerPartnert" Saron (Gainesville, 1992), 177-179. 22 Vey, Page 527 of 555 Boynton Beach Register of Historic Places Designation Application Boynton School April 26, 2017 129 E. Ocean Avenue t National Park Service National Register of Historic Places Continuation Shoot Boynton School, Boynton Beac Palm Beach Co., FL I Section number Page —I— it was not until after the railroad arrived that the community established its first pablic school. That was in late 1896 or early 1857 under the auspices of the Dade C"nty School Board. The first school was a small, wood fraze building just east of the F.E.C. railroad tracks and north of Ocean Avenue.4 By the time the school opened, the community had some seventy settlers, including thirteen families with eight school-age childrea.5 Gilbert L. Voss, "The Early History of Boynton Beach, "TIg -; 4 July 1974, S. IV r PX261 augharty Houston, "Memories of the Boynton school, 1896- 192011, Manuscript From the Collection of the Boynton Historical Society, Boynton Beach, FL. 5 Florida, (3.896) Dade. 23 M [a Page 528 of 555 Boynton Beach Register of Historic Places Designation Application April 26, 2017 National Service National Register of Historic Places Continuation Sheet Boynton school, Boynton Beach, Palm Beach Section number---A— Boynton School 129 E. Ocean Avenue Public School lot in the Sawyer Addition. A school bell, still housed at the Boynton Beach Elementary School, hung in the belfry and called all the students from the first through the ninth grades to the single classroom school,6 which at the time stood at the western edge of town, bordered by pine woods and pineapple fields to the west.7 Ron Hayes, "Boynton school bell regains familiar ring, "Tbn 2 June 1.987, 10, 40. Houston, Memories of the Boynton School" U.S. census, manuscript returns for Palm Beach County, Florida, 1910 (Microfilm at Genealogical Society of Palm Beach County) 9 Dade County Public Schools, School Board Minutes. Book 3. Miami, 8 October 1907. MI, LIM Page 529 of 555 Boynton Beach Register of Historic Places Designation Application April 26, 2017 National Register of Historic Places Continuation Sheet Boynton School, Boynton Beach, Palm Beach Section number Page Boynton School 129 E. Ocean Avenue Historic Significance 10 Herbert H. Strom, "The Growth of Pair 1punpublished manuscript, 1960, Exhibit X 99 architectural pians® the School and of Palm illustrated History 51 Page 530 of 555 Boynton Beach Register of Historic Places Designation Application Boynton School April 26, 2017 129 E. Ocean Avenue a s� National Register o " oi 'laces Continuation Sheet Boynton School, Boynton Beach, Palm Beach Co., FL section number —.1— ;' The 1920 report from the county school board to the state department z,.v rural schools in the preceding two years. Two years later the county new buildings, s Lake > 's V` reportedin Palm Beach, South Palm Beach, and other towns.19 f f 1 fk � f f 1, EM Page 531 of 555 Boynton Beach Register of Historic Places Designation Application April 26, 2017 Boynton School 129 E. Ocean Avenue M, =7*17 National Register of Historic Places Continuation Sheet Boynton School, Boynton Beach, Palm Beach Co., M Section numbert- 11 , 461, toith a oorresponding increase' in the number of teachers. in 1926 a bond issue was passed for a second school in Boynton, 20 and the town's first high school was built, adjacent to the old Boynton School. it was the first time that two schools were operated in Boynton at the same time. As the nation and Florida moved out of the depression with the approach of World War 11, development and growth continued to boost school enrollment. In September 1949, Boynton Beach children began attending Seacrest High School with their neighbors from Delray Beach and Boca Raton -21 Elementary Orograws in Boynton Beach subsequently expanded to occupy both the high school and elementary buildings. Still, the tide of students could not be contained within the existing walls of the Boynton Beach Schools, and temporary classrooms began to fill the grounds. The 1913 school boilding, 'which is the oldest school building in Boynton Beach and has been an important part of the community since the early twentieth century, had nearly reached the limit or its usefulness by 1966. The last elementary students attended classes in the old Boynton School in the 1980 The Palm Beach County School Board currently utilizes the old Boynton School to house special programs such as English for Speakers of Other Langoages (EsOL) and special education. I 20 "Boynton Schools to Open Doors Monday." Soptember 1926. 21 "School Bells to Ring Sept 6 for all StudentsBoynton Beach News, 1 September 1949, 4. El IN NO "M 111 A "M %I iur,lil[JL;;AIRL*mlr.,]E;I;pmtMI 1LAF7XU*A1L,710%1,P1LPJ�-1ff The Schoolhouse Children's Museum and Learning Center opened in 2001 and continues provide education. Visitors can experience South Florida's history through interactive exhibits a learn about art, music, and the sciences through free weekly programs, education Glasses, a specialty workshopS4. I 3 Schoolhouse Children's Museum and Learning Center Website 4 Ibid. PA, Page 532 of 555 Boynton Beach Register of Historic Places Designation Application April 26, 2017 Boynton School 129 E. Ocean Avenue Florida. nepartment of Education, "Narrative Reports of County superintendents, 1918-1922,11 Pasaarch Report #74. Copy of original report at Historical Society of Palm Beach County. Florida. Superintendent of Public Instruction. Biennial Reports. Tallahassee, for the two years ending 1908, 1910, 1912, and 1914. 102"1 Page 533 of 555 Boynton Beach Register of Historic Places Designation Application Boynton School April 26, 2017 129 E. Ocean Avenue 29 Page 534 of 555 United States Department of the Interior NationW Park Senrice NationalRegister of Historic Places Continuation Sheet Boynton school, Boynton Beach, 2 Palm Beach Co., FL Sedlon number page Maughlin, W. W., "Boynton School House," architectural plass® West Palm each, 1912. Originals held by the School and of Palm beach County, Palm each Gardens, FL Palm Beach County. Public School. School Board Minutes. Book 2: 6 July 1909-17 November 1915. PAilzjlqgagh—post, 8 June 1890 (Brown 'Wrapper supplement); 29 July 1919; 28 March 1920; 1 September 1926; 13 November 1927; 8 June 1932. "School Bells to Ring Sept 6 for all Students," D2ynt2D_jLqA0 jLfta, I September 1949. TXDN_jgAj-S=, 5 June; 11 and IS September; 23 October 1913. U.S. Census, Population Returns, Palm Beach County, Florida, 1910. Voss, Gilbert L®, tlThe Early History of Boynton Beach," Tba Exaxin=, 4 July 1974. 251 29 Page 534 of 555 Boynton Beach Register of Historic Places Designation Application Boynton School April 26, 2017 129 E. Ocean Avenue Mir -Mi 11 - The subject is the oldest school building Boynton Beach. Its substantial design, facilities, and aeveiopments 11 1 eaRaLlonai sjrslern 1171-Trile-cum-MITULT-wTi 1-Wii-6-eWr longer used as a school, the building is still used for educational purposes by the Schoolhouse Children's Museum and Learning Center. According to staff at the Children's Museum, it is the only children's museum in Florida which is housed in a historic school building5. Added to the National Register of Historic Places in 1994, the school is an excellent example of the Masonry Vernacular style that retains most of its original interior and exterior features. The National Register application form states that the Boynton School is architecturally the best example of the remaining early schools in Palm Beach County as other remaining early county schools have been significantly altered on the exterior. The building is one of the last works of William W. Maughlin, a prominent local architect who designed several public and private buildings in Palm Beach County including the West Palm Beach High School, built in 1908. The subject is eligible for inclusion in the Boynton Beach Register of Historic Places as it is significant in the areas of education and architecture and Is associated with events that have made a significant contribution to the broad patterns of the City's history. Embodies the distinctive characteristics of a type, period or method of construction, or represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction. However, for a site to be listed on the Local Register, it must also possess integrity. The City Historic Preservation Ordinance recognizes seven aspects that define integrity: location, design, setting, materials, workmanship, feeling, and association. The ordinance is based on the National Register Criteria for Evaluation which states: `To retain historic integrity a property will always posses several, and usually most, of the aspects'. All properties change over time. It is not necessary for a property to retain all its historic physical features or characteristics. The property must retain, however, the essential physical features that enable it to convey its historic identity. The essential physical features are those features that define both why a property is significant (Applicable Criteria and Areas of Significance) and when it was significant (Periods of Significancef 5 Suzanne Ross, Executive Director, Schoolhouse Children's Museum and Learning Center. 6 AjjWj" J1 rin oWn R. H. fed. I National Reaister Bulletin 15. How to App the National Register Criteria 901 Page 535 of 555 Boynton Beach Register of Historic Places Designation Application Boynton School April 26, 2017 129 E. Ocean Avenue Location and Settina The subject retains its integrity with regard to location as the building issited inits original location and this isthe location a1which the significant events occurred. The setting; hovvevar, has changed considerably since construction. Photographs from around 1913 suggest that the land surrounding the school was fairly undeveloped. Aothe town expanded and the need for new schools grew, the High School was built immediately to the west of the subject in 1927. In the post-war years, Boynton expanded rapidly; hovwewar, as the aerial from 1953 uhoxvn. the land around the school remained undeveloped. Fig. 49: 1953 Aerial south. These features have had some impact on the setting of the school as there is now much less green space and landscaping around the structure. The following photographs show the landscaping that existed c. 1994. Fig. 51: Green Space to the East (c.1994) (National Register of Historic Places Registration Form) Based on the above, the integrity of the location is retained; however, there has been sorli impact on the integrity of the setting. 31 Page 536 of 555 Boynton Beach Register of Historic Places Designation Application Boynton School April 26, 2017 129 E. Ocean Avenue [!�. IIII,71mr-mmi I . fil . I a 0 The structure retains the majority of its design features both externally and internally. The mos -1 significant exterior alterations are as follows. 0 Z r -AT A74a requirement for this addition. The ramp may have been less obtrusive if a railing rather than a wall had been used as this would be less bulky and would have obscured less of the original building. However, appropriate materials have been used and the alterations are reversible. The addition of the new fire escape stair to the rear (north) elevation resulted in the removal of the two original fire escape stairs. The new stair has been installed to run perpendicular to the building unlike the original stairs which ran parallel to it. Therefore, the new stairs are more noticeable as they project significantly from the building. The new stairs also resulted in changes to the rear fagade of the school as the two original fire escape doors on the second floor were converted to windows and one of the original as existing openings were undertaken to accommodate the new escape stairs, appropriate materials have been used to block up the converted windows, and the alterations are reversible. F2=54KOTEMMINO "11 :0.7045M The replacement windows do not open; however, they have wood frames and resemble the original double -hung sash windows. The windows also contain impact glass which protects the building and removes the need for other forms of protection such as rami#y4W,le stirm Aanals which r&iWre, tracks,#&W,*Its 52.14 C? -A �,e *,vrleAS+MQ t',-#, iA,%t2II *r unsightly accordion or roll -down shutters which are permanently attached to the building. Appropriate materials have been used and this alteration is reversible. Internally, there has been some reconfiguration of the original space to accommodate new restrooms and an elevator; however, the main spaces such as the halls, stairwell, and classrooms have been retained. The materials used in the structure are consistent with the time of construction and the ITTiasonry Vernacular style. The structure retains almost all of the original key materials both externally and internally. Replacement or new materials used during repairs and alterations are either identical to or closely resemble the original materials. 32 Page 537 of 555 Boynton Beach Register of Historic Places Designation Application Boynton Schooi April 26, 2017 129 E. Ocean Avenue The workmanship exhibited in the construction of the building is of a very high standard and demonstrates the skills used at the time of construction. All repairs and alterations have been carrieR: out to a similar high standard. Therefore, based on the above, the structure retains the most of its integrity with regard to materials, workmanship and interior design. There has been some adverse effect on the exterior design due to the installation of the disabled access ramp and the fire escape stairs; however, these alterations are necessary for a publicly accessible building, the materials used are consistent with the style and construction of the building, the workmanship has been carried out to a high standard, and the alterations are reversible. The site retains its association with the events that are significant in the history of the city i.e. the development of the education system. The building is sufficiently intact and is recognizable as a • school. Feeling is how a property expresses its aesthetic or historic sense of a particular period of time through design, workmanship, materials, and setting. Although the setting of the site has changed and there have been some exterior and interior alterations, the design, high quality workmanship, and materials evoke a sense of a past era. The majority of the building's original features remain which convey the property's historic character, Therefore, based on the above, the subject property is eligible for individual designation and inclusion on the Boynton Beach Register of Historic Places for its historical and architectural significance. The property is fine example of a Masonry Vernacular school building from the Spanish-American War Period, it retains most of its original features and sufficient integrity to be recognizable as a former school, it has been well maintained, it is associated with significant events from the city's past, and it is listed on the National Register of Historic Places. W Page 538 of 555 Boynton Beach Register of Historic Places Designation Application Boynton School April 26, 2017 129 E. Ocean Avenue R =- W -J !W"A Andrus P.W. & Shrimpton R.H, (ed.). National Register Bulletin 15: How to Apply the National Register Criteria for Evaluation. Washington DC: US Department of the Interior, 1990, revised for the internet • Boynton School National Register of Historic Places Registration Form, Carrie Parker, Assistan) City Manager and Barbara E. Mattick, Historic Sites Specialist. January 1994. rliii L ji'Al lke I Mm= Suzanne Ross, Executive Director, Schoolhouse •' Museum and Learning Center. A 20,2017. 1 Boynton Cultural Center Schoolhouse, Park & Museum, Robert Currie Partnership, Inc. Sowards Eliopoulos.1996 34 ii T111,11 lil 111 11,1111"Flill !1 1111111 ii 1 1 'i Page 539 of 555 Boynton Beach Register of Historic Places Designation Application Boynton School April 26, 2017 129 E. Ocean Avenue Websites 'T'll 11 rA011 10] 1 IRM I Im NINJI11 II LA UI 1 0 Palm Beach County Property Appraiser, page consulted on various dates hftp://www.co. palm- beach.fl.us/F.a"/Asys/Proy,ertXDetaii/Pro x?5•arcel=08434528050140020&srchty,# e=map @ # MMITEWIAMPrAMW - - I III -I W 11121MIt hftps://www.schoolhousemuseum.org/ Report prepared by W. Adams His4ric April 26, 2017 99 Page 540 of 555 13.D. LEGAL 6/6/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/6/2017 REQUESTED ACTION BY COMMISSION: Pursuant to Section 286.011(8), Florida Statutes, the City Attorney is requesting a private attorney-client session of the City Commission to discuss pending litigation in the following case: SECURED HOLDINGS INC, Plaintiff, vs. QUANTUM OVERLAY DEPENDENT DISTRICT, EUGENE GERLICA and CITY OF BOYNTON BEACH, Defendants — Palm Beach County Circuit Court Case No. 502016CA005668XXXXMB EXPLANATION OF REQUEST: The City Attorney, James Cherof, will be in attendance along with City Manager Lori LaVerriere, a Court Reporter, the Mayor and City Commission. We will need approximately 60 minutes. The time and date of this private attorney-client session will be scheduled at the June 6, 2017 City Commission meeting. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: The cost of a court reporter ALTERNATIVES: None STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Page 541 of 555 REVIEWERS: Department Legal Finance City Manager Description Memo requesting private attorney-client session Reviewer Action Swanson, Lynn Approved Howard, Tim Approved LaVerriere, Lori Approved D ate 6/1/2017 - 4:24 PM 6/1/2017 - 4:51 PM 6/1/2017 - 4:57 PM Page 542 of 555 CITY OF BOYNTON BEACH City Attorney's Office MEMORANDUM TO: Honorable Mayor and City Commission Lori LaVerriere, City Manager FROM: James A. Cherof, City Attorney DATE: June 1, 2017 RE: Request for Private Attorney -Client Session Pursuant to Section 286.011(8), Florida Statutes, I am requesting a private attorney-client session of the City Commission to discuss pending litigation in the following case: SECURED HOLDINGS INC, Plaintiff, vs. QUANTUM OVERLAY DEPENDENT DISTRICT, EUGENE GERLICA and CITY OF BOYNTON BEACH, Defendants — Palm Beach County Circuit Court Case No. 502016CA005668XXXXMB I will be in attendance along with City Manager Lori LaVerriere, a Court Reporter, the Mayor and City Commission. We will need approximately 60 minutes. The time and date of this private attorney-client session will be scheduled at the June 6, 2017 City Commission meeting. C:\Program Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\998AD261-BAFC-4834-BD32-5EBODBB38B36\Boynton Beach. 5686.1.Request_For_Ex_Session_-_(Secured—Hold ings). Doc Page 543 of 555 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/6/2017 REQUESTED ACTION BY COMMISSION: Monthly Departmental Presentations: ITS/GIS -June, 2017 Public Works - July, 2017 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department City Manager 14.A. FUTURE AGENDA ITEMS 6/6/2017 Reviewer Action Date Stanzione, Tammy Approved 5/17/2017 - 10:19 AM Page 544 of 555 14. B. FUTURE AGENDA ITEMS 6/6/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/6/2017 REQUESTED ACTION BY COMMISSION: Budget workshops for the FY 17/18 budget are scheduled in the Library Program Room on the following dates and times: Monday, July 17, 2017 @ 5:00 RM. Tuesday, July 18, 2017 @ 10:00 A.M. Wednesday, July 19, 2017 @ 2:00 P.M. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Budgeted ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department City Manager Reviewer Action Date Stanzione, Tammy Approved 5/17/2017 ® 10:20 AM Page 545 of 555 14.C. FUTURE AGENDA ITEMS 6/6/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/6/2017 REQUESTED ACTION BY COMMISSION: Proposed Medical Cannabis Dispensary Ordinance - 6/20/17 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department City Manager Reviewer Action Date Stanzione, Tammy Approved 5/17/2017 - 10:20 AM Page 546 of 555 14.D. FUTURE AGENDA ITEMS 6/6/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/6/2017 REQUESTED ACTION BY COMMISSION: Draft workforce housing ordinance for discussion - 6/20/17 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department City Manager Reviewer Action Date Stanzione, Tammy Approved 5/17/2017 - 10:20 AM Page 547 of 555 14. E. FUTURE AGENDA ITEMS 6/6/20117 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/6/2017 REQUESTED ACTION BY COMMISSION: Mignano Tree Care (COUS 17-001) — Approve Conditional Use request for the stockpiling of landscape debris, located on the vacant parcel north of 301 SE loth Avenue in the M-1 (Industrial) zoning district. Applicant: Joe Mignano, Mignano Tree Care. -- 6/20/17 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department City Clerk Assistant City Manager City Manager Reviewer Action Date Pyle, Judith Approved 5/31/2017 - 11:00 AM Howard, Tim Approved 5/31/2017 - 11:15 AM LaVerriere, Lori Approved 6/11/20117 - 4:43 PM Page 548 of 555 14. F. FUTURE AGENDA ITEMS 6/6/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/6/2017 REQUESTED ACTION BY COMMISSION: Boynton Village & Town Center (MPMD 17-003)— Approve request for Master Plan Modification to the Boynton Village & Town Center development to amend the previous approvals for the vacant tracts within Boynton Village & Town Center from 643 condominiums, 350 apartments and 115 single-family homes to 668 apartments and 115 single-family homes, on 106.499 -acres located at the NE corner of Congress Avenue and Old Boynton Road. Applicant: Jeffrey Bartel, Berger Singerman LLP. -- 6/20/17 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: REVIEWERS: Department City Clerk Reviewer Action Date Pyle, Judith Approved 6/2/2017 - 11:12 AM Page 549 of 555 14.G. FUTURE AGENDA ITEMS 6/6/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/6/2017 REQUESTED ACTION BY COMMISSION: Alta at Cortina (MSPM 17-0041 —Approve request to construct 318 apartments and related site improvements on S M U Parcel 3 of the Boynton Village & Town Center master planned development, located on a 10.246 -acre vacant tract on the west side of Renaissance Commons Boulevard, immediately south of the Boynton (C-16) Canal, in the SMU (Suburban Mixed Use) zoning district. Applicant: Jeffrey Bartel, Berger Singerman LLP. -- 6/20/17 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department City Clerk Reviewer Action Date Pyle, Judith Approved 6/2/2017 - 11:12 AM Page 550 of 555 14. H. FUTURE AGENDA ITEMS 6/6/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/6/2017 REQUESTED ACTION BY COMMISSION: Quantum Park & Village South — Retail Bldg. 1 (MPMD 17-002) —Approve request for Master Site Plan Modification for Retail Building 1 of the Quantum Park & Village South Mixed Use Pod, including request for PI D (Planned Industrial Development) district waiver to reduce the side setback along the west side of Retail Building 1 from 15 feet to 5 feet, on 14.27 acres located at 1080 Gateway Boulevard, in the PID (Planned Industrial Development) zoning district. Applicant: Dale Lyon, Olen Development Corp. -- 6/20/17 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department City Clerk Finance City Manager Reviewer Action Date Pyle, Judith Approved 5/31/2017 - 11:01 AM Howard, Tim Approved 5/31/2017 - 11:16 AM LaVerriere, Lori Approved 6/1/2017 - 4:38 PM Page 551 of 555 14.1. FUTURE AGENDA ITEMS 6/6/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/6/2017 REQUESTED ACTION BY COMMISSION: Cultural District Overlay Zone (CDRV 17-QU1 — Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapters 2, 3 and 4 to continue the implementation of the Community Redevelopment Plan with the establishment of the new Cultural District Overlay Zone regulating site development standards, uses, and urban design. Applicant: City -initiated. -- 6/20/17 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department City Clerk Finance City Manager Reviewer Action Date Pyle, Judith Approved 5/19/2017 - 4:04 PM Howard, Tim Approved 5/30/2017 - 12:54 PM LaVerriere, Lori Approved 6/11/20117 - 4:43 PM Page 552 of 555 14.J. FUTURE AGENDA ITEMS 6/6/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/6/2017 REQUESTED ACTION BY COMMISSION: Boynton Beach Boulevard Overlay Zone (CDRV 17-002) — Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapters 2, 3 and 4 to continue the implementation of the Community Redevelopment Plan with the establishment of the new Boynton Beach Boulevard Overlay Zone regulating site development standards, uses, and urban design. Applicant: City - initiated. -- 06/20/17 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department City Clerk Assistant City Manager City Manager Reviewer Action Date Pyle, Judith Approved 5/19/2017 - 4:02 PM Howard, Tim Approved 5/30/2017 - 12:46 PM LaVerriere, Lori Approved 6/1/2017 - 4:43 PM Page 553 of 555 14. K. FUTURE AGENDA ITEMS 6/6/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/6/2017 REQUESTED ACTION BY COMMISSION: Group Homes and Minimum Off-street Parking Standards (C DRV 17-005—Approve amendments to the CODE OF ORDINANCES, Chapter 13. Licensing, and the LAND DEVELOPMENT REGULATIONS, Chapter 1. Article 11. Definitions, Chapter 3. Article IV. Use Regulations, and Chapter 4. Article V. Minimum Off -Street Parking Requirements that provide necessary updates, new standards, and justifications for the accommodation and regulation of group homes and parking requirements for single- and two-family dwelling units. Applicant: City -initiated -- 6/20/17 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department City Clerk Assistant City Manager City Manager Reviewer Action Date Pyle, Judith Approved 5/31/2017 - 11:00 AM Howard, Tim Approved 5/31/2017 - 11:16 AM LaVerriere, Lori Approved 6/1/2017 - 4:50 PM Page 554 of 555 14. L. FUTURE AGENDA ITEMS 6/6/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 6/6/2017 REQUESTED ACTION BY COMMISSION: Medical Cannabis Dispensary (CDRV 17-003—Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 1, Article 11, Definitions, to add definitions that regulate the Medical Cannabis Dispensary Industry, and Chapter 3, Article IV, Use Regulations, Section 3.D, Use Matrix, Table 3-28 and Matrix Note #104 Medical Cannabis Dispensary to add the provisions and standards that regulate the Medical Cannabis Dispensary Industry. Applicant: City -initiated. 6/20/17 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department City Clerk Finance City Manager Reviewer Action Date Pyle, Judith Approved 5/19/2017 - 4:06 PM Howard, Tim Approved 5/30/2017 - 1:01 PM LaVerriere, Lori Approved 6/1/2017 - 4:51 PM Page 555 of 555